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HomeMy WebLinkAboutTB Minutes 2006-11-13Regular Meeting of the Ithaca Town Board Monday, November 13, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Frank Proto 4. Report of City of Ithaca Common Council - Robin Korherr 5. Report of Fire Commission 6. Persons to be Heard and Board Comments 7. Presentation from the Town Historian on Tutelo Park History 8. 6:30 p.m. - Presentation - Independent Auditors 9. 7:00 p.m. - Public Hearing regarding local law adding chapter 51 to the Town of Ithaca Code, titled "Notification of Information Security Breaches" to comply with the requirements of State Technology Law Section 208 10. Consider Adoption of a Local Law adding chapter 51 to the Town of Ithaca Code, titled "Notification of Information Security Breaches" to comply with the requirements of State Technology Law Section 208 11. Consider Adoption of Municipal Shared Services Agreement Standard Contract 12. Consider Extending Recreation Partnership Agreement 13. Consider Authorizing Town Supervisor to Execute Cass Park Agreement 14. Consider Approval of Adopt a Park Policy 15. Authorize Supervisor to Sign Snow and Ice Removal Contract 16. Consider Setting Public Hearing to consider local law amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction and Fire Prevention", regarding enforcement of New York State Uniform Fire Prevention and Building Code 17. Consider Creating Youth Project Assistant Position n18. Considering Removing Project Assistant Position y 19. Consider Setting Date for 2007 Town Board Organizational Meeting 20. Discussion of Vacancy on Ethics Board 21. Discussion of Taping and Televising Town Board Meetings 22. Consent a. Town Board Minutes b. Floating Holiday c. Records Management half-day 23. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning e. Budget Officer f. Manager of Human Resources g. Network/Records Specialist m h. Recreation and Youth Coordinator [ i. Attorney for the Town 24. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Alternate Energy Committee d. Capital Projects and Fiscal Planning Committee e. Codes and Ordinances Committee f. Ethics Board g. Personnel Committee h. Public Works Committee i. Recreation and Human Services Committee j. Records Management Advisory Board k. Safety Committee I. Transportation Committee 25. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee c. Joint Youth Commission d. Lake Source Data Sharing e. Pegasys Oversight Committee f. Recreation Partnership g. Special Joint Committee (Sewer) h. Southern Cayuga Lake Intermunicipal Water Commission i. Tompkins County Council of Governments (TCCOG) 26. Review of Correspondence a. 11/1/2006 letter from James Hamilton re reappointment to Conservation Board b. 11/2/2006 letter from James Niefer re reappointment to Zoning Board of Appeals c. 11/7/2006 letter from Diane Conneman re reappointment to Conservation Board d. SPCA monthly report e. Letter re TCAT Advisory Board Applicants 27. Consider Adjournment / 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 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: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW TITLED "NOTIFICATION OF INFORMATION SECURITY BREACHES" Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Friday, November 3, 2006 Date of Publication: Monday, November 6, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKiNS) SS: TOWN OF iTHACA) Sworn to and subscribed before me this 6th day of November, 2006 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 - Tloga County vjL? Commission Expires December 26,2Lli!^ Monday. November 6.2006 iThe tthaca Journal town of ITHACA NOTICE OF WBUC HEARING NOTICE IS HERESY GIVEN fnat trie Town Board of the Town of Ithoca will hold o public heoring of 7:00 p.m. on the 13th day ^November 2006 of215 Nortfr Tiogo Street, ifhoco, New York for the purpose of considering a f locol low filled Notrhcoftoo of Information Swurily Breaches'. A copyoft^ pressed local law is ^hie of the Town Clerk's Uftice ond ovailoble for re view during regular office nours, Monday through Fri day, 8 a.m. to 4 p.m. further notice IS GIV EN fhat at such Hme and place all persons interested in the proposed local law may be heard concerning fne some; ond .further notice is giv en that individuals with vis ual or hearing impairrrrents or other special needs will be provided with assistance as necessory, upon request, Persons desiring assistance most make a request to the lown Clerk not less thon 48 hours prior- to the time of the public hearing. Tee-Ann Hunter Tovm Clerk 3, 2006 11/6/06 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Regular Meeting of the Ithaca Town Board Monday, November 13, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, New York THOSE PRESENT: Supervisor Valentino; Councilman Burbank; Councilwoman Gittelman; Councilman Engman; Councilman Stein; Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Fred Noteboom, Highway Superintendent; Daniel Walker, Director of Engineering; Judy Drake, Human Resources Manager; John Kanter, Director of Planning; Susan Brock, Attorney for the Town EXCUSED: Councilman Cowie, Councilwoman Gittelman; Al Carvill, Budget Officer; OTHERS PRESENT: Bob Romanowski, Fire Commission; Frank Proto, Tompkins County Legislature; Robin Korherr, City of Ithaca Common Council 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 Legislature - Frank Proto Frank Proto, Tompkins County Legislator, appeared before the Board and reported as follows: Mr. Proto reminded the Town Board that the County Legislature was holding the public hearing on the county budget at 7:00 p.m. on Tuesday, November 21, 2006. The proposed tax increase is between 6 and 7%. This equates to an increase of $0.17 per thousand. On Tuesday, November 14, 2006, at Lansing Town Hall, there will be a public presentation on the Natural Features Focus Area, which is the viewshed project the County Planning Department has been working on. The County 2007 budget includes funding for the Low Maintenance Roads Program. The proposal is for the County to try and not spend as much money maintaining roads that have fewer than between 300 and 500 vehicle trips per day. There are some roads in the County that may not need the level of maintenance that has been done. The massive savings the County hopes to enjoy is about $40,000, which is less than what it costs to maintain 0.5 mile of road. The concern is what comprises the 300 vehicles because there is a difference between large vehicles and small vehicles using the road. A list of the roads was going to be sent to the Town Highway Superintendents. An item under discussion at the Water Resources Council is the Lake Source Cooling project. The Council has been involved in discussions with Cornell about what comprises the monitoring. November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Mr. Proto reported that at the last Planning Committee meeting, they had a presentation on the Lansing sewer district. The Lansing Sewer District Committee is trying to raise around $18 million for the project. Mr. Proto stated, in other words, they are trying to convince the County that the County's lending authority should lend them money to the tune of approximately $3 million. The Planning Committee has asked the County Attorney to write the Comptroller for an opinion as to whether or not the County can do so. It appears that it is not appropriate for the County to do so since Lansing has the ability to bond on its own. Fernando de Argon has put together a map showing the roads that the Ithaca Tompkins County Transportation Council review. The map is color coded showing which roads are safer than others for bicycle traffic. Mr. Proto was concerned because he did not know what criteria was used to deem certain roads safe to ride bikes on and which roads are not safe. He was also concerned about the County's liability if a road is deemed safe for bicyclists and then someone gets hurt. Mr. Kanter thought that the map was available on the County website. Councilman Burbank stated he is the Chair of the Town's Transportation Committee and has a great interest in the project. He has talked with Mr. de Argon's assistant and understands that the map is in the draft stage. He didn't think their intent was to designate any roads as completely safe, but there are roads that have less traffic, better sight distances, better shoulders, etc. Councilman Burbank agreed that the criteria being used is important, but he is very supportive of trying to become more conscious of routes that can be recommended for bicyclists. Mr. Proto agreed that it is in the draft stage, but thought that it was information the Town should review. The Agriculture and Farmland Board is starting another district review for designating lands in the Agriculture District. This month is the month selected as the additional month where individuals who have lands that are not in an agriculture district, but wish to be included, can apply. The letters have been sent to individuals that might be qualified. Mr. Proto finished his report by encouraging the Town to apply for another State Archives Records Administration Grant. He thought that item number 7 (Tutelo Park History) might be eligible for an archives grant because of the history aspect and the retention of material. Agenda Item No. 4 - Report of City of Ithaca Common Council - Robin Korherr Ms. Korherr appeared before the Board on behalf of Common Council and reported as follows: Ms. Korherr thanked the Town for helping the City address some of the staffing problems with the Ithaca Fire Department. The two positions are greatly needed. In 2007, the City is going to take a comprehensive look at staffing levels and service November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 required. They are going to develop a long-range plan for optimizing staffing levels over a period of time. The City has completed their budget and was able to create 7 new positions that were greatly needed. The Recreation Partnership voted to continue using the Partnership agreement through 2007 while the County looks at reassessing the Partnership. Ms. Korherr reported that the last part of Cayuga Green II has been approved, which brings in a theater operator to the mixed-use project downtown. The City guaranteed the lease on a not-for-profit film provider. It will bring 5 screens into the project. Supervisor Valentino congratulated the City on their 2007 budget and thought they did a fantastic job of keeping the tax rate down while still dealing with debt service and other problems the City has had. Supervisor Valentino thanked Ms. Korherr for her report. Agenda Item No. 5 - Report of Fire Commission (Attachment #1 - Monthlv Report) Bob Romanowski appeared before the Board on behalf of the Fire Commissioners and read his report to the board. ** Councilman Stein mentioned that it was reported that two new positions in the Fire Department had been added, but the Town Board only approved one. Mr. Romanowski explained that the two positions were the Municipal Training Officer and an additional firefighter. Supervisor Valentino further explained that the Municipal Training Officer was included in the regular budget. Supervisor Valentino thanked Mr. Romanowski for his report. Agenda Item No. 6 - Persons to be Heard and Board Comments Councilman Stein expressed concern and the board discussed how Town Board Committee meetings are scheduled. Councilman Burbank commented that he attended a meeting regarding what can be done about deer in the community. He thought that the meeting was both illuminating and discouraging in terms of the limitations on what can be done given what is known about what works, what exists in terms of regulation at the State level. Councilman Burbank thought it would be useful for the Board to learn more about the Village of Cayuga Heights' experiment. He added that it would be helpful to have a group within the Town continue to monitor the situation to see if there is anything that can be done. ^ Supervisor Valentino explained that the Council of Governments has decided to take up the issue for all municipalities because it does go across everyone's boundaries. Councilman Engman followed up by stating that the Town's Conservation Board did an November 13,2006 Regular Meeting of the Ithaca Tovm Board Approved December 11, 2006 excellent draft of a paper on deer. He thought it was one of the most balanced and reasoned pieces that he has read on the topic. He suggested that everyone read the Conservation Board's report. Additional Agenda Items Supervisor Valentino stated that there were additional agenda items that she would like to add to the agenda. Two items are to set public hearings for the Zoning Board of Appeals Alternates and the Planning Board Alternates. Ms. Brock provided the information in the packet. Supervisor Valentino asked the board if it was okay to add those two items to the agenda. The board concurred that the items could be added to the agenda. Supervisor Valentino asked if discussion of the Orthoimagery Program could be put on the agenda. The board concurred that the item could be added to the agenda and material regarding the item was given to the board. Agenda Item No. 7 - Presentation from the Town Historian on Tutelo Park Historv Ms. Laura Johnson-Kelly, Town Historian, appeared before the board and gave a PowerPoint presentation regarding the Tutelo Park Grand Opening Celebration. Ms. Johnson-Kelly thought that it would be a good idea to have future celebrations at Tutelo Park. It was a wonderful event and there was a high level of enthusiasm. She encouraged everyone to attend if there were other Town sponsored events with a Native American theme. Supervisor Valentino stated that everyone did a fantastic job with the Celebration. It was a very successful two days. Councilman Burbank concurred and hoped that it would continue as an annual event. He also hoped that the Town could continue in being supportive of the event at some level. Councilman Burbank thanked everyone for their hard work. Agenda Item No. 21 - Discussion of Taping and Televising Town Board Meetings Supervisor Valentino asked if the item could be moved up on the agenda, the Board concurred. Supervisor Valentino asked the Board what they thought of the two televised budget meetings. Councilman Burbank reported receiving two phone calls from constituents that were delighted to have the meetings on television. He thought it was a good start and added that there was much that could be done in terms of the technical quality. He hoped that the board could look into what the costs would be to properly equip cameras that could show someone as they were speaking. Councilman Burbank did not think the cost would be huge, but it would be substantial and he felt that the Board should ^ look into it. I November 13,2006 Regular Meeting of the Ithaca Town Board Approved December II, 2006 Councilman Engman mentioned that he was able to see part of a meeting on TV and was impressed with the voice quality. He agreed with Councilman Burbank that the Town would have to invest in something a little different in terms of the visual because it is hard to see who is talking. He went on to say that televising the meetings is the only way many people are able to see government in action and thought it was worth exploring further. Councilman Stein stated he was in favor of televising the board meetings and has periodically watched County board meetings. He thought the Board should strive to make themselves as available as possible to the public. He wondered if the Town would be able to use the County's equipment to televise Town Board meetings. Councilwoman Leary added that even if the Board decides that they do not want to expend the extra money for the more sophisticated equipment, she thought at the very least what the Town has done so far with the two budget meetings should be continued. Supervisor Valentino stated that it might be difficult for Ms. Carrier-Titti to continue taping the meetings on a regular basis. Supervisor Valentino has talked with Tom Dohney and there are several alternatives the Town could explore. Some of the producers are available at a reasonable cost to come and tape the meetings. Mr. ^ Dohney has said he would work on an estimate for having Town Hall wired for live broadcasts. She thought that it would be a good idea to get the proposals and costs for all options for the Board to consider. Councilman Burbank added that the cost of the equipment is going down, but the significant cost would be to pay someone to operate the cameras to create a program. He understood that the Town is very close to the line that goes to the County. There would be some advantages beyond this project that would be useful to the Town to have that connection. He encouraged the Town to move forward and learn more. He would be happy to help in any way he could. Supervisor Valentino thanked Ms. Carrier-Titti for her work on taping the board meetings. Agenda Item No. 11 - Consider Adoption of Municipal Shared Services Agreement Standard Contract (Attachment #2 - Intermunicipal Shared Services Agreement) Mr. Noteboom stated that the Public Works Committee has reviewed the agreement twice. Councilman Stein moved the resolution. Supervisor Valentino seconded. Councilwoman Leary asked what is a borrowed severed rule. Ms. Brock responded that it is a liability issue and basically what it is saying is that each municipality remains responsible for what their employees do. If the employee becomes injured, the November 13,2006 Regular Meeting of the Ithaca Town Board Approved December II, 2006 municipality that actually employs the person is still responsible for workers compensation. Councilwoman Leary brought the Board's attention to number 6. It seemed to have each municipality indemnify the other one. She asked if someone was responsible for liability because the language reads as if each municipality was holding each other harmless for mistakes and negligence. Mr. Noteboom explained that it was when the operator goes with the equipment that the liability is assigned. Ms. Brock explained that the indemnifications are different. They are not each saying that one is indemnified for everything. The lending municipality is indemnifying the borrowing municipality for any problems in the equipment that is being lent, or for negligent or intentional acts of the employees it is lending. The borrowing municipality is indemnifying the lending municipality to the extent that there are any defects in the work site or if the employees of the lending municipality are doing things at the work site that are negligent. It is setup to be fairly comprehensive and Ms. Brock was hopeful that nothing would fall through the cracks. They thought it was very useful to set out in the contract who is responsible for what so that when a problem occurs, fingers do not get pointed. Mrs. Drake had the insurance underwriters look at the proposed agreement. Mr. Krogh also had NYMIR review the proposed contract. Councilman Stein understood that the expectation is that things will average out and what they want to do is to make sure that you don't have a situation where the two municipalities can sue each other because it isn't clear who is responsible. In the general sense, in matters more that you make somebody responsible than exactly which one is responsible in a particular situation. Councilwoman Leary stated that there is wear and tear on the equipment. She understands that the borrowing municipality agrees to perform maintenance and any repairs, but wouldn't want the Town to get into a situation where everyone is borrowing the Town's equipment. Mr. Noteboom explained that they keep track of the borrowing and when a municipality owes more money than they are getting in return, then the municipalities will discuss it and figure out how to equal it out. He confirmed that the last part of the agreement states that a municipality can turn down a borrowing request. Councilman Burbank asked if it had to be a direct exchange or could a municipality be extracting into a pool. Mr. Noteboom responded that it is only between two parties. Councilman Stein thought that Councilwoman Leary raised a legitimate concern because there is an incentive to cutback on your own equipment. He added that it would be a good idea to report annually on the fund balance on shared equipment. Mr. Noteboom concurred and stated that the objective of the agreement is to put it in a dollars and cents form so that it can be reported to the Town Board. Supervisor Valentino asked the board if they were ready to vote. Board votes, carried unanimously. November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 IB RESOLUTION NO. 2006-238: RESOLUTION APPROVING THE INTERMUNICIPAL SHARED SERVICES AGREEMENT FOR THE TOWN OF ITHACA TO BORROW OR LEND MACHINERY. EQUIPMENT. SUPPLIES AND SERVICES WHEREAS, all municipalities, including the Town of Ithaca, have the authority under New York Highway Law Sections 142-d and New York General Municipal Law Article 5-G to contract with other municipalities to exchange, borrow, lend or maintain machinery and equipment, with or without operators; and WHEREAS, all municipalities, including the Town of Ithaca, have the authority under New York General Municipal Law Article 5-G to borrow materials and supplies from and lend materials and supplies to other municipalities; and WHEREAS, the Town of Ithaca and other municipalities in Tompkins County have machinery and equipment that are not used during certain periods, and WHEREAS, the Town of Ithaca and other municipalities in Tompkins County often have materials and supplies on hand that are not immediately needed; and WHEREAS, the Town of Ithaca and other municipalities may avoid the need to purchase or store certain needed highway machinery and equipment and a large inventory of certain extra materials and supplies, and thereby save the taxpayers money, if the municipalities can contract with each other to exchange, borrow, lend or maintain these items; and WHEREAS, the Town Board determines that it is in the best interests of the Town of Ithaca to engage in such shared arrangements; and WHEREAS, some of the municipalities in Tompkins County have developed a standard Intermunicipal Shared Services Agreement that will authorize their respective highway superintendents to engage in such shared arrangements with other municipalities; and WHEREAS, this standard Agreement has been reviewed by the Public Works Committee and Attorney for the Town; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of this standard Agreement is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus approval of the standard Agreement is not subject to review under SEQRA, THEREFORE BE IT RESOLVED, that the Town Board hereby approves the attached Intermunicipal Shared Services Agreement and authorizes the Town of Ithaca Supervisor to execute this Agreement on behalf of the Town with other municipalities (including Tompkins County), provided that the Agreements contain substantially the same terms as those in the attached document and are in a form approved by the Attorney for the Town, and be it further RESOLVED, that the Town of Ithaca Highway Superintendent is authorized to enter into shared arrangements pursuant to the terms of the attached Agreement with those municipalities that execute the Agreement with the Town of Ithaca. November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 MOVED: Councilman Stein SECONDED: Councilman Engman ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 12 - Consider Extending Recreation Partnership Agreement Supervisor Valentino explained that the five-year agreement on the Intermunicipal Recreation Partnership is expiring. It is the responsibility of the Partnership to review the agreement and make recommendations for changes. The Partnership has decided that their review will not be completed by the end of the year and they are requesting that the agreement, as is, be extended through the end of 2007. A proposed agreement will be ready for the governing boards to review and approve by May of 2007. Supervisor Valentino moved the resolution and Councilman Burbank seconded. Board _ votes on motion, carried unanimously. i I 1 TB RESOLUTION NO. 2006-239: Extension of Recreation Partnership Agreement WHEREAS, the Intermunicipal Recreation Partnership has successfully served thousands of young people throughout Tompkins County operating under a five year agreement that expires December 2006, and WHEREAS, the Recreation Partnership's governing board has begun but not yet concluded its internal refection and process of seeking input from all municipal partners to evaluate and update the partnership agreement for the next five year period, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca agrees to extend the current Intermunicipal Recreation Partnership Agreement through December 31, 2007, and further RESOLVED, that all terms, conditions, and financial commitments related to the Agreement remain in force through December 2007, and further RESOLVED, that the Town of Ithaca will take prompt action on the proposed agreement for the period 2008 - 2012 to be prepared by the Recreation Partnership's governing board by May 2007. MOVED: SECONDED: ROLL CALL VOTE: November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Supervisor Valentino Councilman Burbank Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 13 - Consider Authorizing Town Supervisor to Execute Cass Park Agreement Supervisor Valentino explained that the Town has had Memorandums of Understanding with the City for facility costs. The City has requested that the Town enter into a two year Memorandum of Understanding for $100,192. Supervisor Valentino thought it was a reasonable request. Councilman Stein and Supervisor Valentino discussed the funding approved for 2005 and 2006. The Memorandum of Understanding currently before the Board is funding for 2006 and 2007. Councilman Stein wondered why it took a year to pass the Memorandum of Understanding. Supervisor Valentino responded that the City did not get back to the Town until September about the Memorandum of Understanding. Supervisor Valentino moved the resolution and Councilman Burbank seconded. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-240: Authorizing Town Supervisor to Execute Cass Park Agreement (Attachment #8 - Memorandum of Understanding) BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to Execute the Memorandum of Understanding with the City of Ithaca regarding the Cass Park Recreational Facilities. MOVED: SECONDED: ROLL CALL VOTE: Supervisor Valentino Councilman Burbank Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Councilman Engman, aye Agenda Item No. 9 - Public Hearing regarding local law adding chapter 51 to the Town of Ithaca Code, titled "Notification of Information Security Breaches" to comply with the reguirements of State Technology Law Section 208 (Attachment #3 - Local Law No 13 of 2006 - Adding Chapter 51 to the Town of Ithaca Code, titled "Notification of Information Security Breaches") Supervisor Valentino opened the public hearing at 7:00 p.m. The Town Clerk had proof of posting and publication. With no one present to speak, Supervisor Valentino closed the public hearing and brought the matter back to the board for discussion. Agenda Item No. 10 - Consider Adoption of a Locai Law adding chapter 51 to the Town of Ithaca Code, titied "Notification of Information Security Breaches" to compiy with the reguirements of State Technoiogy Law Section 208 Councilman Stein moved the resolution and Councilman Engman seconded. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-241: Resoiution Adopting "A LOCAL LAW ADDING CHAPTER 51 TO THE TOWN OF ITHACA CODE. TITLED 'NOTIFICATION OF INFORMATION SECURITY BREACHES"' WHEREAS, New York State Technology Law Section 208 directs municipalities to develop a policy or adopt a local law consistent with Section 208 regarding notifications of municipal information security breaches; and WHEREAS, the attached "Local Law Adding Chapter 51 to the Town of Ithaca Code, titled 'Notification of Information Security Breaches'" complies with this New York State Technology Law requirement; and 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 November 13, 2006 at 7:00 p.m. to hear all interested parties on this proposed local law; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of this local law is a Type II action because its adoption constitutes "routine or continuing agency administration and management. 10 n November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 not including new programs or major reordering of priorities that may affect the environment," and thus approval of this local law is not subject to review under SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW ADDING CHAPTER 51 TO THE TOWN OF ITHACA CODE, TITLED 'NOTIFICATION OF INFORMATION SECURITY BREACHES"', 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 as required by law. MOVED: Councilman Stein SECONDED: Councilman Engman Roll Call Vote: Supervisor Valentino - aye Councilwoman Leary - aye Councilman Burbank - aye Councilman Stein - aye Councilman Engman - aye Agenda Item No. 14 - Consider Approval of Adopt a Park Pollcv (Attachment #4 - Adopt a Park Policv) Councilman Burbank moved the resolution and Supervisor Valentino seconded. Councilman Burbank stated the Committee struggled with the basic things they wanted to ensure happened. The policy is not what will be handed out to members of the public because there was an awareness that they wanted to encourage people to use the program. They are going to develop a leaflet or brochure that will be more welcoming in terms of encouraging people to adopt a park. Supervisor Valentino agreed and thought that the program needed to be publicized. Councilman Engman was in favor of this type of project, but would like to see it go further. They have talked about how the budget is beginning to become strained by the maintenance of parks. Through the Cayuga Trail Club, the Finger Lakes Trails Conference cleans and maintains trails. He suggested that the program could include maintenance such as pruning bushes. Councilman Engman expressed a concern about the requirement for a buddy system. Other programs do not require that there be a buddy system and suggested that the language be changed to recommend a buddy system, not require it. He also suggested providing ID cards to volunteers while they are working at the parks and trails. 11 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Councilwoman Leary stated that there was a lot about the policy that bothered her. She was bothered by the basic reliance on volunteers to do what the Town should be doing. ^ If the Town is creating parks, then the Town should take responsibility for maintaining the parks. She did not like hearing that it could be a way to stretch the budget in the future. Councilwoman Leary was also concerned about liability issues. Ms. Drake explained that she has spoken with the insurance company and under the Town's workers compensation plan, there is coverage for volunteers. Councilwoman Leary felt that people volunteer for different motives and the Town needs to protect themselves and the people who use the parks. Councilman Burbank politely disagreed with Councilwoman Leary. He thought the likelihood of someone undertaking to be a park volunteer to then be able to do drug dealing seems wildly improbable. Councilman Burbank also thought the reality was that it would start off very mildly. He realized there were costs associated with all parkland acquired by the Town and, personally, he wanted to acquire as much parkland as possible because it is disappearing. Councilman Stein thought that it was a matter of degree. He felt that the buddy system was a good way to start, but did not like the idea of an ID. He saw what Councilman Engman was saying, but thought a safety vest is universally used as a uniform for people doing volunteer activity. Councilman Stein also disagreed with Councilwoman Leary. He certainly did not think that he would want to have volunteers laying sewer pipe because it requires a lot of training and is not appropriate. He did think there was a ^ positive value in people taking part in their community. Councilman Engman stated that he participates in the Environmental Management Council's cleanup and they have a section of road by the airport that they clean up. If the Board took Councilwoman Leary's position that they should only be paying for things, then it should be extended to highway cleanups as well. He does not think that feasible and there would be much dirtier highways. He emphasized that it gives people of the Town an opportunity to participate in something with the Town and thought it was a great way to get more citizens involved in the Town. Councilwoman Leary agreed with that aspect and stated that it was a nice thing, but she is against adopt-a-highway programs because it takes jobs away from people who can maintain the highway. Volunteers are taking jobs away from highway staff. She added that they are putting a burden on taxpayers who are willing to maintain the parks, but it is free labor. It is sort of like charging a use fee for State Parks, which Councilwoman Leary objected to. She felt strongly that it should come out of general revenues. People should not be asked to pay taxes and then on top of it pay a use fee in order to use a State Park. The Board is asking taxpayers to set aside their time and effort to maintain what is a public park. She thought it was a bad idea for the Town to depend on this program to keep the parks clean. Supervisor Valentino commented that it has been an interesting philosophical discussion and she agrees with many of the points raised. She thought that the idea of ! i 12 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 people going out and helping to maintain the parks is a sense of community pride. They have been working over many, many years to help the Town develop its own identity. This is a way for people to participate. Supervisor Valentino also agreed that the proposed program should not take the place of Town staff maintaining the parks and trails. The Town should not get to the point where they think they need to rely on the program. Appropriate staff and equipment still need to be maintained. The proposed program should be an addition to and not in place of anything. Councilwoman Leary asked if they could do anything about screening who the volunteers are. Supervisor Valentino was not sure how they could do that because anybody can go into the parks during daylight hours. Councilwoman Leary thought that if the Town was going to give the volunteers safety vests, the volunteers are going to be in a position of trust more so than some guy hanging out in the park. She asked what would happen if someone committed a crime as a volunteer for the Town. Would the Town be liable? Ms. Brock answered usually if there is an employee who commits a crime the question would be if it were within the scope of their employment. So she assumed the question would be, was whatever they did within the scope of the activities the Town had agreed they could do. If the answer is no, the Town might not be liable. Councilwoman Leary thought that the standards the Town imposes on employees are higher than the standards for a volunteer. She asked if background checks are done on employees. Ms. Drake responded that they could ask if they have been convicted of a felony. CDL drivers are put through drug and alcohol testing and a three-year background check. Councilwoman Leary asked if volunteers would be asked if they had committed a felony. She is concerned that the Town is presuming to have the program, asking people to go through a training program, but is not doing anything to protect the public from someone who says they are volunteering for the Town. They cannot assume that everyone will be angels. They have to think about the possibility that somebody, who doesn't exactly mean well, can use this program as an opportunity to gain the trust of young children or women who come to the park. There is an assumption whenever you have an affiliation with an agency such as the Town that you are in more of a position of trust. Councilman Burbank stated that they were not anticipating a formal training. There was a reference to an orientation for volunteers. He was not aware that it has been a big problem in the community, but did feel comfortable knowing the Town has the names and addresses of the individuals volunteering, which is more than they have for the general public using the parks. He thought that the Town needed to guard against having too many barriers so that no one would volunteer. Councilman Stein wasn't convinced by Councilwoman Leary's argument, but thought that the Board should look into it if she feels it is necessary. Councilman Stein stated then he would like to call it to a vote. Supervisor Valentino responded that she told Councilman Engman that he could speak and then the Board could call it to a vote. 13 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Councilman Engman added that he worked 25 years in youth development programs and is familiar with background checks, but there is no guarantee. Someone can always slip through the cracks. The volunteers would not be working directly with youth. They are going to be picking up litter. Councilman Engman felt the danger was going to be much less and thought it was worrying about something that they need not worry about. He asked if he could offer an amendment to number 4. Councilman Engman would like to have the buddy system recommended instead of required and moved it as an amendment. Councilman Burbank seconded the amendment. Councilwoman Leary felt comfortable with requiring the buddy system because it eliminates the potential for an adult being alone with a child. It is also safety for the volunteer that nothing happens and they are stranded. She was not in favor of Councilman Engman's amendment. Councilman Stein called the question to vote on Councilman Engman's amendment. The vote resulted as follows: Councilwoman Leary, nay; Councilman Stein, nay; Councilman Engman, aye; Councilman Burbank, aye; Supervisor Valentino, nay. Amendment defeated. IB RESOLUTION NO. 2005-142: Amendment to Number 4 of Adopt a Park Policv BE IT RESOLVED that the Town Board of the Town of Ithaca amend Number 4 of the Adopt a Park Policy to make the "buddy system" recommended instead of required. MOVED: Councilman Engman SECONDED: Councilman Stein VOTE: Councilwoman Leary, nay; Councilman Stein, nay; Councilman Engman, aye; Councilman Burbank, aye; Supervisor Valentino, nay. Amendment defeated. Councilwoman Leary asked the board how they felt about having an amendment that would require volunteers be checked against the sex offender registry. She made the motion and Supervisor Valentino seconded. Ms. Brock asked if it was something that she wanted written into the policy or if it was more a direction to staff. Councilman Stein stated that he had called the motion, it was improper of Councilwoman Leary to make an amendment. The board agreed. Supervisor Valentino asked the board if they were ready to vote on the policy as written. The board voted as follows: Councilwoman Leary, nay; Councilman Stein, aye; Councilman Engman, aye; Councilman Burbank, aye; Supervisor Valentino, aye. Motion carried. 14 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December II, 2006 TB RESOLUTION NO. 2006-243: RESOLUTION APPROVING AN ADOPT-A-PARK/ TRAIL POLICY FOR THE TOWN OF ITHACA WHEREAS, both the Public Works Committee and Recreation and Human Service Committee of the Town of Ithaca have reviewed a policy to educate and encourage citizen participation in maintenance of its parks and trails in an effort to maintain the appearance of said features; and WHEREAS, the Public Works Department and Recreation and Youth Coordinator has developed a program for the purpose of enabling residents, citizen groups and/or organizations to participate in a program to further enhance the Town's parks and trails by picking up litter and performing related beautification activities; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board That approval of this Adopt a Park/Trail Policy is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus approval of this Policy is not subject to review under SEQRA; now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca on recommendation of the Public Works Committee and Recreation and Human Service Committee, hereby approves the attached Adopt- A-Park/ Trail Policy for the Town of Ithaca in an effort to support community interest and involvement in park an trail appearance. MOVED: Councilman Burbank SECONDED: Supervisor Valentino ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 15 - Authorize Supervisor to Sign Snow and Ice Removal Contract (Attachment #5 - Snow and Ice Agreement) Mr. Noteboom told the Board that the contract before them is an extension through June 30, 2008 of the existing contract. 15 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Supervisor Valentino moved the resolution and Councilman Stein seconded. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-244 : Approval of Snow and Ice Agreement BE IT RESOLVED, that the Town Supervisor be, and she hereby is, authorized to execute a Snow and Ice Agreement with the County of Tompkins amending and extending the agreement commencing October 1, 2002 and terminating September 30, 2005 until June 30, 2008. MOVED: Supervisor Valentino SECONDED: Councilman Stein ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 16 - Consider Setting Public Hearing to consider local law amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction and Fire Prevention", regarding enforcement of New York State Uniform Fire Prevention and Building Code Mr. Walker explained that State law requires all municipalities adopt a local law that has them enforcing the building code to State standards. The Town is about 95% there with the current local law and needs to be in compliance by January 1®^ Mr. Walker asked if the Board wanted the local law to go before Codes and Ordinances first. Councilman Engman responded that the Codes and Ordinances Committee has a heavy load and thought it would be better to have it done without it going before COC. Mr. Kanter wanted to figure out why references were in Chapter 270 before recommendations are made to shift the references to a different chapter. Mr. Walker explained that the State prepared a draft local law to bring municipalities into compliance, but there are pieces of the local law that go into Chapter 125 that are currently in Chapter 270. There is more detail for building permit applications in Chapter 270 than there is in Chapter 125, which is the building code. Mr. Walker stated that they would have a recommendation at the December board meeting on whether or not a public hearing should be set for the Year End meeting. Ms. Brock thought that it was important for the Town to think through the changes. Mr. Walker was concerned about being in conflict within the Town Code. Supervisor 16 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Valentino agreed with Ms. Brock and thought the Town should make sure the information is in the correct chapter, even if the Town does not meet the deadline. Agenda Item No. 17 - Consider Creating Youth Proiect Assistant Position Ms. Drake stated that they created a project assistant position under civil service when the Town started the 100-hour youth program. The Town requested from the State that the position be classified as non-competitive and the State is accepting the position as non-competitive, with an unlimited number. While waiting for the State's response, the Town created 10 project assistant positions. Agenda Item Number 17 is requesting that the Youth Project Assistant position be created. Agenda Item Number 18 would be establishing the number of project assistants. Councilman Burbank moved the resolution and Councilman Stein seconded. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-245: Creation of Civil Service Classification - Youth Proiect Assistant WHEREAS, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and WHEREAS, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment; and WHEREAS, the Town is providing youth of the Town, Village of Cayuga Heights and Lansing initial employment training opportunities through the Youth Employment Initiative Program and the youth will be added to the Town's payroll, it is required by Civil Service that positions for the youth be created; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York Sate and Tompkins County Civil Service rules: 1. The following positions are established and are positions in the non-competitive class pursuant to Section 42 of the Civil Service Law: (a) (unlimited number) Youth Project Assistant And be it further RESOLVED, the Town Board does hereby approve the attached job description for the said position, with the said position exempt from the Job Classification system because of the temporary status of the position; and be it further 17 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 RESOLVED, the Human Resources Manager is directed to coordinate any necessary filing with Tompkins County Personnel Department to obtain certification of the positions. MOVED: Councilman Burbank SECONDED: Councilman Stein ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 18 - Considering Removing Project Assistant Position Councilman Stein moved the resolution and Councilman Engman seconded. Board votes on motion, carried unanimously. IB RESOLUTION NO. 2006 - 246: Aboiish 6 Proiect Assistant Positions WHEREAS, the Town Board created 10 Project Assistant positions for the Joint Youth Commission programs "Town Youth Initiative" and "Town Work Corps" that employs 14-19 year olds on a short term temporary basis in February 2005; and WHEREAS, Tompkins County Civil Service was asked to petition the State Civil Service Commission for a Youth Project Assistant position that would be classified as non-competitive with an unlimited number of positions; and WHEREAS, the Town was notified by Tompkins County Civil Service that the State Civil Service Commission approved the creation of a Youth Project Assistant title and job description and classified it in the Non-Competitive classification, with a provision that allows the Town an unlimited number of positions in this title; and WHEREAS, the Human Resources Manager recommends the abolishment of 6 of the 11 current Project positions listed with Civil Service, since the Town will have the Youth Project Assistant positions to utilize; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby approve the abolishment of 6 (six) Project Assistant positions, effective November 13, 2006; and be it further 18 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 RESOLVED, the Human Resources Manager is directed to file all necessary documents with Tompkins County Personnel Department. MOVED: Councilman Stein SECONDED: Councilman Engman ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 19 - Consider Setting Date for 2007 Town Board Organizational Meeting Supervisor Valentino stated the resolution proposes the meeting be set for Monday, January 8, 2007 at 5:30 p.m. Councilman Engman moved the resolution. Councilman Burbank seconded. Councilman Stein stated that the meeting date was not good for him and asked the board to move it to Thursday, January 4, 2007. Supervisor Valentino stated that Councilman Cowie and Councilwoman Gittelman were not present so the Board was unable to ask them if the date change would be okay with them. Supervisor Valentino suggested that she call Councilman Cowie and Councilwoman Gittelman to see if the date change would work for them. She added that the other meeting dates would need to be changed in order to get the Mailout packet to the Board in time. Councilman Burbank thought it was appropriate to try and accommodate a board member. Supervisor Valentino stated that Councilman Engman and herself would need to figure out the agenda meeting dates. She would poll the other board members and let the Board know by email if the proposed date would work. Councilman Engman suggested that the board vote on the resolution at the December board meeting. The board concurred. Agenda Item No. 20 - Discussion of Vacancv on Ethics Board Supervisor Valentino stated that a member of the Ethics Board does not have to be a Town resident, but must be a resident of Tompkins County. She asked the Board to think of someone who may be interested in serving on the Ethics Board and also asked if it would be appropriate to put an ad in the paper. The Board thought an ad in the paper would be appropriate. 19 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Additional Agenda Items: Setting a public hearing regarding a local law amending Chapter 270 of the Town of Ithaca Code entitled "Zoning" regarding use of Planning Board alternate members fAttachment #6 - Draft local law and 11/7/06 memo from S. Brock)) Ms. Brock explained that the zoning chapter includes the section regarding Planning Board and Zoning Board of Appeals members. The resolution sets the public hearing and refers the local law to the Planning Board for a recommendation. Supervisor Valentino stated that the public hearing would be Monday, December 11, 2006 at 7:00 p.m. Councilman Engman moved the resolution and Councilman Stein seconded. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-247: Setting a Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code. Entitled Zoning. Regarding Use of Planning Board Alternate Members RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 11**^ day of December, 2006, at 7:00 p.m. for the purpose of considering a proposed local law Amending Chapter 270 of the Town of Ithaca Code, Entitled Zoning, Regarding Use of Planning Board Alternate Members; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing; and it is further RESOLVED, that the Town Board hereby refers the proposed above-referenced local law to the Planning Board for a recommendation. MOVED: Councilman Engman SECONDED: Councilman Stein ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent 20 n November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Setting a public hearing regarding a local law amending Chapter 270 of the Town of Ithaca Code entitled "Zoning" regarding use of Zoning Board of Appeals alternate members Supervisor Valentino stated that the public hearing would be Monday, December 11, 2006 at 7:10 p.m. Supervisor Valentino moved the resolution and Councilman Stein seconded. Ms. Brock brought the board's attention to the optional language and asked if the board wanted the local law referred to the Zoning Board of Appeals for a recommendation. She added that the Zoning Board Chair has been very active in working with COC and has been reporting back to the Zoning Board, but the Board as a whole has not discussed the local law. Councilman Engman stated that the Zoning Board would not meet again before the Town Board meeting. He suggested striking the further resolved. Supervisor Valentino and Councilman Stein agreed with the amendment. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-248: Setting a Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code. Entitled Zoning. Regarding Use of Zoning Board of Appeals Alternate Members RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 11^*^ day of December, 2006, at 7:10 p.m. for the purpose of considering a proposed local law Amending Chapter 270 of the Town of Ithaca Code, Entitled Zoning, Regarding Use of Zoning Board of Appeals Alternate Members; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilman Stein 21 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Aerial Photoqraphv Mr. Walker explained that the State flies aerial photography on different areas of the State on a five year rotating basis. The State will be photographing Tompkins County in spring of 2007. The normal coverage for urban areas is a resolution of 1-foot pixel. The Town has been using 0.5-foot pixel resolution for urban areas. The State would charge $21,000 for photographing at the 0.5-foot pixel resolution. In the past, the County has provided the funds for the higher resolution, but has decided they do not have the need for the higher resolution. The City would like the higher resolution because it gives more detail and they have said they are willing to pay half the costs for the higher resolution. Mr. Walker proposed the Town send a commitment letter to the County saying the Town is willing to pay half the costs for the higher resolution, which is approximately $10,650. The money would not be due until fiscal year 2008 because the Town will not receive delivery of the product until 2008. Councilman Stein asked what would happen if the Town did not provide the funds. Mr. Walker answered that the photography would not be done in the higher resolution. Councilman Burbank wondered why it was being done by flight as opposed to satellite. Mr. Walker stated it is a different system. These are rectified orthophotos. There is more detail than there would be from a satellite. Councilman Stein stated that it is clear from the sample pictures that the better the resolution, the sharper the pictures. He was trying to think of the function that the Planning Department does with the half-foot resolution that cannot be done with the one-foot resolution. Mr. Walker explained that it gives better clarity if you are trying to determine some of the landforms. Mr. Kanter added that some of the vegetation patterns show up more clearly on the half-foot resolution. They do a lot of site checking, but it helps a lot in the initial work to get an idea of what is out there. Councilman Stein asked if they thought it was worth $10,000. Mr. Kanter thought that it was worth it. Supervisor Valentino added that staff thought it was worth it. Mr. Walker explained that if you are doing an overview of the entire Town in one picture it really doesn't matter, but when you are zooming in for a two or three lot subdivision where you are looking at building locations it does make a big difference. Supervisor Valentino added that it is something the Town has been using for several years. Councilman Burbank stated that one could go to Google and get an amazing satellite image. He asked if that was being done by the Federal government and wondered if 22 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December II, 2006 there was a link between the two projects. Mr. Walker was not sure where Google was getting their information. Councilman Stein stated that Google is doing it. The satellite photos are public information, but there is a lot of software. Mr. Walker explained that the advantage of the flight photography is that they are photo-rectified. The photos lay over the planimetric maps correctly. Mr. Kanter added that another benefit of the aerial photographs is that they can also be rectified with the tax parcel information from the County, which is very valuable. He was not sure it was something that could be done with the satellite imagery. Councilwoman Leary asked how the City came up with a 50/50 split in costs. Mr. Walker explained that the City and the Town have the biggest interest and to make it happen, they would need to pay for it. The Town and Village of Lansing do not have the staff or equipment to utilize the photographs at the higher resolution. He offered to approach the other municipalities for a contribution, but to make sure it happens the Town has to make a commitment by November 30, 2006. Councilman Burbank moved the resolution and Councilman Engman seconded. Ms. Brock corrected that the resolution should say 2007 instead of 1007. Board votes on motion, carried unanimously. IB RESOLUTION NO. 2006-249 Authorization for Commitment to 2007 Orthoimaqerv Coverage Upgrade WHEREAS: The New York State Office of Cyber Security and Critical Infrastructure Coordination supports a program to provide aerial imagery coverage of a portion of the state every year. The program results in new imagery for each portion on a five-year rotation. Tompkins County was last flown in 2002 with imagery delivered in the spring of 2003. The base coverage under this program produces imagery at a 2-ft pixel resolution in rural areas and 1-ft pixel resolution in urban areas. The cost for the base coverage imagery is funded by the State, and WHEREAS: The Town staff uses this imagery extensively for planning, development review, stormwater management plans and infrastructure management. Most of the imagery in the Town has been 0.5-ft pixel resolution, which has provided excellent detail for mapping and planning purposes. The attached photo shows the difference between 0.5-ft pixel resolution and 1.0-ft pixel resolution. The cost to upgrade the imagery in the urban area from 1.0-ft pixel resolution to the 0.5-ft pixel resolution is $21,300. The County has decided not to provide funding for upgrading the image resolution, and WHEREAS: The City of Ithaca GIS department is recommending that coverage in the urban area be upgraded to 0.5-ft pixel coverage. The Town of Ithaca planning and Engineering staff are also recommending this upgrade because most of the Town is located within the urban area. If the cost to upgrade coverage in the urban area is split between the Town and the City, each entity would be responsible for half of the cost or $10,650.00, now therefore be it 23 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 RESOLVED: The Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign a letter to Tompkins County committing the Town of Ithaca to providing half the cost of the upgrade of imagery to 0.5-ft pixel resolution in natural color for the 2007 NYS Orthoimagery program MOVED: SECONDED: ROLL CALL VOTE: Councilman Burbank Councilman Engman Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 22 - Consent Agenda Councilman Engman moved the consent agenda, Councilwoman Leary seconded. Board votes on motion, carried unanimously. TB RESOLUTION NO. 2006-250: 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 as presented. MOVED: SECONDED: ROLL CALL VOTE: Councilman Stein Councilwoman Leary Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye TB RESOLUTION NO. 2006-250a : Town Board Minutes of October 16. 2006 WHEREAS, the Town Clerk has presented the minutes for Town Board Meeting held on October 16, 2006 to the governing Town Board for their review and approval of filing; now therefore be it n 24 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meeting held October 16, 2006 as presented at the November 13, 2006 board meeting. MOVED: SECONDED: ROLL CALL VOTE: Councilman Stein Councilwoman Leary Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye TB RESOLUTION NO. 2006-250b: Approval of Floating Holidav for 2007 WHEREAS, there is an annual poll conducted of all town and SCLIWC employees to determine their preference for the next year's floating holiday; and WHEREAS, the majority of the combined employees of Town Hall and Public Works Facility have indicated, Monday, December 24, 2007 as their preference for the floating holiday; and WHEREAS, the majority of the SCLIWC employees have indicated, Monday, December 24, 2007 as their preference for the floating holiday; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the Floating Holiday for 2007 as Monday, December 24, 2007 as requested by the majority of the employees of Town Hall, Public Works and SCLIWC. MOVED: SECONDED: ROLL CALL VOTE: Councilman Stein Councilwoman Leary Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye 25 November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 TB RESOLUTION NO. 2006-250c : Records Management Half Day WHEREAS, the Records Management Officer & the Records Management Advisory Board have found it beneficial to hold an annual Records Management Half Day in order to manage the Town's electronic records; now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby approves closing Town Hall on Friday, November 17, 2006 from 8:00 a.m. until 12:00 p.m. for Records Management Half Day. MOVED: Councilman Stein SECONDED: Councilwoman Leary ROLL CALL VOTE: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, absent Councilwoman Gittelman, absent Councilman Burbank, aye Councilman Stein, aye Councilman Engman, aye Agenda Item No. 23 - Report of Town Officials (Attachment #7 - monthlv reports of officials) Town Clerk Ms. Hunter reported that Ms. Carrier-Titti has put an electronic records request form on the Town's website in compliance with the amendment to the Freedom of Information Law. Director of Planning Mr. Kanter provided a flyer to the Board regarding the November 29, 2006 session on a Municipal Governing Board's Role in Local Planning and Zoning. Councilman Burbank asked Mr. Kanter if the Town has heard anything from the State regarding the Gateway letter. Mr. Kanter said they have not heard anything from the State. Manager of Human Resources Ms. Drake reported that Ms. Hunter and herself have started working with two teachers that are helping with the records management grant project. Ms. Drake also reported that she would be interviewing candidates for a position at Bolton Point. The previous person holding the position left after 9 days. Councilman 26 n November 13,2006 Regular Meeting of the Ithaca Town Board Approved December 11, 2006 Engman asked if the Town performs an exit interview to find out why people leave so quickly. Supervisor Valentino responded that the Town does perform exit interviews and added that they found out additional information that they are going to use to try and find someone who will stay longer long. Ms. Drake interjected that the exit interview confirmed some prior thoughts. Agenda Item No. 24 - Report from Town Committees Councilman Burbank commented that they needed to re-energize the Alternate Energy Committee. Agenda Item No. 25 - Intermunicipal Organizations Supervisor Valentino reported that there was a good turnout at the Council of Governance meeting. The Council asked each municipality what was happening in their municipalities and all municipalities, except the Village of Cayuga Heights, Town and City of Ithaca, talked about the problem of getting volunteer firemen. It was decided to put the issue on the agenda to see if it is something the group could address. Councilman Engman added that the health proposal has been sent out. Agenda Item No. 26 - Review of Correspondence The Board discussed the TCAT Advisory Board. Agenda Item No. 27 - Consider Adjournment Upon motion by Councilman Stein, seconded by Councilman Burbank, Supervisor Valentino adjourned the meeting at 8:08 p.m. Respectfully submitted. Tee-Ann Hunter Town Clerk Next meeting December 11, 2006 27 7:r7f4C4 ee/ncej f^\ ATTACHMENT §X a.,T>^£T -Ufn'/ r»c ai>^/>77c^ tm^ /cu^v-^^.ry Xth^^ 7h^ //t//3<^^ • /a/PPMAT/IJI.) 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Tg' /p/Acl / TPA.Ptyg /ia,^a;aaaa/cs <ua*-^ HAijA. gie^'»/.- ixrAA/AK^ U^OaaPc-^ Z'ZmeA^ a>A^pur*^ ^ sTcAAUi-SPAP 0g,aP»^s r^ r5£^y;,<^ re-*n)*Jt: cp ^'SaBu t^iPfis^Q /s (rc»y^i-P apo tac HyfiMAAiTs aac CcPoA e^nto Tc aiaat me staaJOaap . f \ BnAT- R-;AC5/77t.P. - TUA CAJ^a'C^At. si^Afi-^S F- P FcaT Has 0££a> Sa^ /<^ 7M pJPAi- HcPGfBAy 72/»a>«?/#c77#-*' /a 6£/pa c^^fil-eJ^^P - 11/13/06 Regular Town Board Mtg INTERMUNICIPAL SHARED SERVICES AGREEMENT The , (name of municipality) with offices at , , New York, , [list all other participating municipalities and addresses) (each a "Signatory Municipality"), hereby enter into this Intermunicipal Shared Services Agreement (the "Agreement") with an effective date of , 2006, upon each and all of the following terms and conditions: 1. For purposes of this Agreement, the following terms shall have the following definitions when used in this Agreement: a. "Municipality" shall mean any city, coimty, town or village within Tompkins County that is a Signatory Municipality. b. "Shared Service" or "Shared Services" shall mean any good or service provided by one Municipality to or for another Municipality that is consistent with the purposes and intent of this Agreement and the General Municipal Law of the State of New York, and shall include, but not be limited to, the following: i. The renting, exchanging, borrowing or lending of highway vehicles, machinery, tools and equipment (collectively "Equipment"), with or without operators; ii. The maintenance of, or repairs or improvements to. Equipment; iii. The provision of goods, inventory, materials and supplies. c. "Superintendent" shall mean, in the case of a city, the head of the Department of Public Works; in the case of a county, the County Superintendent of Highways, or the person having the f \ power and authority to perform the duties generally performed by County Superintendents of Highways; in the case of a town, the Town Superintendent of Highways and/ or Superintendent of Public Works; in the case of a village, the Superintendent of Public Works. 2. Each Signatory Municipality hereby grants unto its Superintendent the authority to provide and receive Shared Services with any Signatory Municipality, subject to the terms and conditions of this Agreement. Subject to availability, each Superintendent shall determine whether such provision or receipt of Shared Services is in the best interests of its respective Municipality. Any action taken by any Superintendent pursuant to the provisions of this Agreement shall at all times be consistent with tiie duties of such official and in compliance with all applicable laws and regulations, including, but not limited to the New York State General Municipal Law, and expenditures incurred shall not in any event exceed the amounts set forth in the Signatory Municipality's budget for highway purposes. 3. The value of Shared Services provided to any Signatory Municipality shall be returned by the receiving Mimicipality in the form of Shared Services of equal value, with tiie types and amounts determined by mutual agreement of the involved Superintendents. Whenever applicable, the then-current rates as approved and/ or adopted by the State of New York shall be used to determine the value of borrowed Equipment (with or without operators), as based upon the New York State hourly and daily rate schedules. Non-scheduled Shared Services shall be valued as agreed by the involved Superintendents. 4. The borrowing Municipality shall be responsible to return all Equipment in the same condition and state of repair as when borrowed. The borrowing Municipality agrees, upon notice from the lending Municipality, to effect or pay for any necessary maintenance and repair INTERMUNICIPAL SHARED SERVICES AGREEMENT The , (name of municipality) with offices at , , New York, , {list all other participating municipalities and '' ^ addresses) (each a "Signatory Municipality"), hereby enter into this Intermunicipal Shared Services Agreement (the "Agreement") with an effective date of , 2006, upon each and all of the following terms and conditions: 1. For purposes of this Agreement, the following terms shall have the following definitions when used in this Agreement: a. "Municipality" shall mean any city, county, town or village within Tompkins County that is a Signatory Municipality. b. "Shared Service" or "Shared Services" shall mean any good or service provided by one Municipality to or for another Municipality that is consistent with the purposes and intent of this Agreement and the General Mimicipal Law of the State of New York, and shall include, but not be limited to, the following: i. The renting, exchanging, borrowing or lending of highway vehicles, machinery, tools and equipment (collectively "Equipment"), with or without operators; ii. The maintenance of, or repairs or improvements to. Equipment; iii. The provision of goods, inventory, materials and supplies. c. "Superintendent" shall mean, in the case of a city, the head of the Department of Public Works; in the case of a county, the County Superintendent of Highways, or the person having the power and authority to perform the duties generally performed by County Superintendents of Highways; in the case of a town, the Town Superintendent of Highways and/or Superintendent of Public Works; in the case of a village, the Superintendent of Public Works. f \ 2. Each Signatory Mimicipality hereby grants unto its Superintendent the authority to provide and receive Shared Services with any Signatory Municipality, subject to the terms and conditions of this Agreement. Subject to availability, each Superintendent shall determine whether such provision or receipt of Shared Services is in the best interests of its respective Municipality. Any action taken by any Superintendent pursuant to the provisions of this Agreement shall at all times be consistent with the duties of such official and in compliance with all applicable laws and regulations, including, but not limited to the New York State General Municipal Law, and expenditures incurred shall not in any event exceed the amounts set forth in the Signatory Municipality's budget for highway purposes. 3. The value of Shared Services provided to any Signatory Municipality shedl be returned by the receiving Municipality in the form of Sheured Services of equal value, with the types and amounts determined by mutual agreement of the involved Superintendents. Whenever applicable, the then-current rates as approved and/or adopted by the State of New York shall be used to determine the value of borrowed Equipment (with or without operators), as based upon the New York State hourly and daily rate schedules. Non-scheduled Shared Services shall be valued as agreed by the involved Superintendents. 4. The borrowing Municipality shall be responsible to return all Equipment in the same condition and state of repair as when borrowed. The borrowing Municipality agrees, upon notice from the lending Municipality, to effect or pay for any necessary maintenance and repair t \ ^ necessitated by such use, unless such maintenance or repair has been necessitated by any act or omission of the lending Municipality or its employee operator. 5. A lending Municipality's operator of any Equipment provided to another Municipality, when operating such Equipment for the borrowing Municipality, shall be subject to the direction and control of the Superintendent of the borrowing Municipality in relation to the manner in which the work is to be completed. However, the method by which the Equipment is to be operated shall be determined by the operator. Further, when receiving the services of an operator with any Equipment, the receiving Superintendent shall make no request of any operator which would be inconsistent with any labor agreement; nor shall any borrowed operator be required to do any work or perform any services other than in relation to the operation of the Equipment that is the subject of Shared Services. The lending Municipality shall be liable for any negligent acts resulting from the operation of its Equipment by its own operator. For purposes of workers' compensation liability, (i) all borrowed Equipment shall be considered the property of the Municipality owning the Equipment, and (ii) no Signatory Municipality shall assert any rights in relation to tibe "borrowed servant rule". Each Municipality shall remain fully responsible for its own employees, including but not limited to, salary, benefits and workers' compensation. 6. The lending Municipality shall, to the fullest extent of law, indemnify the borrowing Municipality for all claims, losses, liabilities, and damages arising from (i) any inherent vice or defect in the borrowed Equipment, and (ii) the negligent and/ or intentional acts of its operator. The borrowing Municipality shall, to the fullest extent of law, indemnify the lending Municipality for all claims, losses, liabilities and damages arising from (i) any inherent vice or defect in the worksite or adjoining areas, (ii) the negligent and/or intentional acts of its Supervisor and employees, and (iii) any violation of any safety law or regulation by the borrowing Municipality, including but not limited to, the New York State Labor Law, and OSHA , and DOT regulations. 7. Each Signatory Municipality covenants, warremts, represents, and agrees that it has and shall maintain, for the entire Term (and any Extended Term) of this Agreement, property damage, liability insurance, workers' compensation and disability insurance, and insmance against loss or damage to borrowed Equipment, including, without limitation, loss by fire (including so-called extended coverage and general "all-risk" coverage), theft, collision, and such other risks of loss as are customarily insiued against for the type of operations engaged in by each Signatory Municipality (herein all collectively, the "Insurance"), in such amounts as will fully replace any lost or damaged Equipment, materials or supplies, and in such amounts as are necessary to fulfill all responsibilities in this Agreement, including, but not limited to any obligations as to indemnity. In addition, such Insurance shall provide for; (i) blanket contractual coverage; (ii) broad form property damage coverage; (iii) completed operations coverage, (iv) employer's automobile non-ownership liability, and (v) coverage for all claims based on acts, omissions, injury, or damage that occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Certificates of insurance for each Signatory Mimicipality are attached to this Agreement as Exhibit A. Each Signatory Municipality shall give each oAer Signatory Municipality prompt notice of any injury, damage or loss to any person, entity. Equipment or property. 8. The provision of any Shared Service shall be evidenced by the signing of a memorandum by each involved Superintendent in the form attached hereto as Exhibit B. Additionally, contemporaneous records shall be maintained by each Signatory Municipality setting forth all Shared Services provided and received. Such records will be available for inspection by any Signatory Municipality that has provided or received any Shared Services. A record of all Shared V Service transactions shall be kept by the Superintendent in a manner satisfactory to the governing f \ V f \ board of such Municipality. At any time, any Signatory Municipality may make or demand an accounting of the value of all exchanged Shared Services with any one or all Signatory Municipalities. 9. Any Signatory Municipality may, upon 90 days advance notice to each other Signatory Municipality, terminate its participation under this Agreement by delivering to each Signatory Municipality a Notice of Withdrawal. At the expiration of said 90 days, the withdrawing Municipality shall have fulfilled any outstanding obligations. Despite such withdrawal, aU workers' compensation and indemnity obligations shall survive such withdrawal. Whenever any Signatory Municipality delivers a Notice of Withdrawal, it shall make an accounting to, and dememd an accounting from, each other Signatory Municipality as to the value of all accounts. Within sixty days of delivery of the Notice of WiAdrawal such withdrawing Municipality must either (i) borrow or lend Shared Services to balance accounts; (ii) make and enter into separate shared services agreements that are satisfactory to the applicable Signatory Municipality as will balance accounts, or (iii) make a cash payment to (or receive a cash payment from) any other Signatory Municipality to balance accounts. 10. In the event a dispute arises relating to any Shared Service or this Agreement, and such dispute cannot be resolved between the affected Signatory Municipalities, such dispute may be resolved through mediation or arbitration. 11. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the Signatory Municipalities to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. 12. This Agreement shall expire five years from its effective date; but is renewable for successive five-year terms upon written agreement of aU of the Signatory Mimicipahties. Each Signatory Municipality acknowledges and agrees that neither it nor its employees, nor any other Signatory Municipality nor its employees, are agents of each other. This Agreement shall in all respects be governed by, and construed in accordance with, the laws of the state of New York, including all matters of construction, validity, and performance. This Agreement constitutes the entire understanding of the parties, revokes and supersedes all prior discussions, negotiations, and agreements between the parties, and is intended as a final expression of their Agreement. No course of prior dealings between the Signatory Municipalities shall be relevemt or admissible to supplement, explain, or vary any of the terms of this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original hereof, and all of which shall form but one agreement. IN WITNESS WHEREOF, each Signatory Municipality has executed this Agreement on the date(s) specified below, in accord with the authorizing Resolution of the governing Board of such Signatory Municipality, as attested to by the signature of the applicable municipal Clerk and the placing of the municipal seal hereupon. Attest By:. , Town Clerk (seal) Supervisor Date: EXHIBIT A f 1 [Attach Certificates of Insurance from each municipality here.] / 1 I ) f ) ^ N EXHIBIT B Memorandum Relating to Shared Highway Services From: , Highway Superintendent To: , Highway Superintendent I hereby acknowledge your request for the use of the following Shared Services of/from the of : To be used for the following proposed times and dates: Pursuant to the Intermunicipal Shared Services Agreement, employees shall/shall not be provided to operate such equipment. The employees and the equipment they shall operate are as follows: Pursuant to the Intermunicipal Shared Services Agreement, the value of the Shared Services to be provided is Your acceptance and/or use of such equipment and personnel is, and at all times remains, subject to the terms and conditions of the Intermunicipal Shared Services Agreement. Highway Superintendent Highway Superintendent of of / \ 11/13/06 Regular Town Board Mtg ATTACHMENT #3 Loodl Low Filinw hew yorksmedee^mentofswe 41 STATE STREET,/lLB/J'IY, NY 12231 f (Use Shis foii-iri! So oie e i-Dcal ia^y Y/rdu SUse SecreSairy of Sitaie,) iext of law should be given as araended. Do noi include mailer being eliminaied and do noi use / ^ iialics or underlining io indicate new rnatier. Ithaca ¥Htege 13No. of the year A local law a-^iding Chapter 51 to the Town of Ithaca Code, titled (Insert Title) "Notification of Information Security Breaches" TO 14. ¨ j u 4.U Town BoardBe It enacted by the of the (Name of Legislative Body) County' Town Village x:ity „ Ithaca •j^^n follows: (attached 4 pages) ^ ^ (If additional space is needed, attach pages the same size as this sheet, and number each.) ^ (1)DOS-239 (Rev. 11/99) TOWN OF ITHACA h N LOCAL LAW NO. 13 OF THE YEAR 2006 A LOCAL LAW ADDING CHAPTER 51 TO THE TOWN OF ITHACA CODE, TITLED "NOTIFICATION OF INFORMATION SECURITY BREACHES" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter 51, titled "Notification of Information Security Breaches," reading as follows: CHAPTERS! NOTIFICATION OF INFORMATION SECURITY BREACHES § 51-1. Definitions. §51-2. Notification of breach. § 51-3. Notification to owners and licensees of information. I § 51-4. Delay for law enforcement purposes. i § 51-5. Notification methods. § 51-6. Notification content. § 51-7. Notification to State. §51-1. Definitions. As used in this chapter, the following terms shall have the following meanings: "PERSONAL INFORMATION" shall mean any information concerning a natural person, which, because of name, number, personal mark, or other identifier, can be used to identify such natural person. "PRIVATE INFORMATION" shall mean personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired: \ ! y f \ November 3,2006 i f A. Social security number. r ^ • . B. Driver's license number or non-driver identification card number. C. Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account. "Private information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. "BREACH OF THE SECURITY OF THE SYSTEM" shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the Town. Good faith acquisition of personal information by an employee or agent of the Town for the purposes of the Town is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the Town may consider the following factors, among others: A. Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information. B. Indications that the information has been downloaded or copied. C. Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported. "TOWN" shall mean the Town of Ithaca, New York, except the judiciary of the Town. "CONSUMER REPORTING AGENCY" shall mean any person or entity which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. A list of such consumer reporting agencies is compiled by the State Attorney General and furnished upon request to the Town when it is required to make a notification under § 51-2. November 3,2006 § 51-2. Notification of breach. If the Town owns or licenses computerized data that includes private information, it shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the system to any resident of New York State whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in § 51-4, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The Town shall consult with the State Office of Cyber Security and Critical Infrastructure Coordination to determine the scope of the breach and restoration measures. § 51-3. Notification to owners and licensees of information. If the Town maintains computerized data that includes private information which the Town does not own, the Town shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization. § 51-4. Delay for law enforcement purposes. The notification required by this chapter may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The notification required by this chapter shall be made after such law enforcement agency determines that such notification does not compromise such investigation. § 51-5. Notification methods. The notice required by this chapter shall be directly provided to the affected persons by one of the following methods: A. Written notice. B. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving said notice in electronic form and a log of each such notification is kept by the Town when it notifies affected persons in such form; provided further, however, that in no case shall any person or business require a person to consent to accepting said notice in said form as a condition of establishing any business relationship or engaging in any transaction. C. Telephone notification, provided that a log of each such notification is kept by the Town when it notifies affected persons. November 3,2006 f s ^ D. Substitute notice, if the cost of providing notice would exceed five hundred dollars, or the affected class of subject persons to be notified exceeds one thousand, or the Town does not have sufficient contact information. Substitute notice shall consist of all of the following: (1) E-mail notice when the Town has an e-mail address for the subject persons; (2) Conspicuous posting of the notice on the Town's web site page, if the Town maintains one; and (3) Notification to local and major statewide media. § 51-6. Notification content. Regardless of the method by which notice is provided, such notice shall include contact information for the Town, including the name of the person making the notification, and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired. ^ § 51-7. Notification to State. A. In the event that any New York residents are to be notified, the Town shall notify the State Attorney General, the State Consumer Protection Board, and the State Officer of Cyber Security and Critical Infrastructure Coordination £is to the timing, content and distribution of the notices and approximate number of affected persons. Such notices shall be made without delaying notice to affected New York residents. B. In the event that more than five thousand New York residents are to be notified at one time, the Town shall also notify consumer reporting agencies as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents. Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. November 3,2006 (CorHpiele the ceatHklcadoira iini tbe paragrapih £Saat applies to the fllleg of fhis local law asadl siaike oo£ that whicSi is stofi: applicable.) (Final adoption by local legisSadve body only.) 1 r\c>I hereby certify that the local law annexed hereto, designated as local law No of 20 Tfijj;; 20 —m accordance with the applicable provisions of law. 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't'he ■" ' (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 (Elective Chief Executive Officer*) " »in accordance with the applicable provisions of law. 1 N 3. (Final adoption by referendum.) lereby certify that the local law annexed hereto, designated as local law No of 20the (County)(City)(Town)(Village) of _• was duly passed by'tW YNVmrofulLi^dve'BVdy) (approved)(not approved)(repassed after' disapproval) by on 20 Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority ofthe qualified electors voting thereon at the (general)(special)(annual) election held on - 20- in accordance with the applicable provisions of law. '/ 4 . (Subject to permissive referendum and final adoption because no valid petition was fi led requestins referendum.) ^ s 1 hereby certify that the local law annexed hereto, designated as local law No ... nf 2nof the (Coun.y)(City)(Tow„)(Village) of "wa"s7uly7assed ^"Vhe' (NaYrof Le g'iYiadvrBo'dy) 20—., and was (approved)(not approved)(repassed afterdisapproval) by the—— on 20.... Such local law was subject to permissive referendum and no valid petition requesting such referendum was fi led as of 20—. in accordance with the applicable provisions of law. * i V N K P Officer means or Includes the chief executive officer of a county elected on a county- , ,ide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, orthe supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) TOWN CLERK'S MONTHLY REPORT OF ITHACA, NEW YORK TO SUPERVISOR: ATTACHMENT #7 OCTOBER, 2006 PAGEl Pui ,it to Section 27, Subd 1 of the Town Law, 1 hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law: A1255 _n _2 _2 _2 6 MARRIAGE LICENSES NO. 06114 TO 06124 MISC. COPIES SIGN ORDINANCE TAX SEARCH RETURNED CHECK - CLERK RETURNED CHECK- W&S MARRIAGE TRANSCRIPT TOTAL TOWN CLERK FEES 175.00 10.40 1.20 5.00 5.00 15.00 60.00 271.60 A1557 SPCA IMPOUND FEES TOTAL A1557 40.00 40.00 A2ZSdS DOG LICENSES TOTAL A2544 660.50 660.50 61 \2 _2 _4 _2 1 BUILDING PERMIT BUILDING PERMIT EXTENSIN CERTIFICATE OF OCCUPANCY SIGN PERMITS ZONING BOARD MTG TEMP CERTIFICATE OCCUP OPERATING PERMIT TOTAL 62110 1,347.50 187.50 200.00 76.92 100.00 7.50 1,950.00 3,869.42 62115 "7^ SUBDV. REV. FINAL PLAT SITE PLAN INIT. APL. FEE SITE PLAN PRELIM. PLAN SITE PLAN FINAL PLAN ADD. MTG. FEE AGENDA PRO ASS. MTG. FEE P.H. PROCE TOTAL 62115 140.00 100.00 1,500.00 1,450.00 30.00 50.00 3,270.00 TOWN CLERK'S MONTHLY REPORT OCTOBER, 2006 ^ page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 972.10 PAID TO SUPERVISOR FOR PART TOWN FUND 7,139.42 PAID TO COUNTY TREASURER FOR DOG LICENSES 119.50 PAID TO AG & MARKETS FOR DOG LICENSES 18.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 225.00 TOTAL DISBURSEMENTS 8,474.02 ' NOVEMBER 1,2006 Y , SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly swom, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided^TLbyJ^w. Subscribed and swom to before me this day of ^AygywVLfiA^ 20(i^ Iklkiilvui/O Notary Public Tiosa county J(}oU>• cyriirAs Decomber 26,_Commissjon Expires 3 Town Clerk ^ \ Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 Facsimile: 607-277-8042 E-mail: brcck@claritycomiectcom TO: ITHACA TOWN BOARD FROM: SUSAN BROCK XK6 RE: ZBA AND PLANNING BOARD ALTERNATES DATE: NOVEMBER 7,2006 Please find enclosed materials related to proposed Town Code amendments for the use of alternate members on the Zoning Board of Appeals and Planning Board. At its October meeting, the Codes and Ordinances Committee finished its review of the enclosed local laws and referred them to the Town Board for action. Due to an oversight, these amendments were not added to the Town Board's agenda within the time period specified in the Policies and Procedures Manual. The material is nonetheless being given to you now for your review, and at the November 13 Board meeting one of the COC members will likely move to add these items to the agenda. Currently the Town Board has appointed two ZBA altemates to that five-member Board. No altemates have been appointed to the seven-member Planning Board. New York Town Law limits the use of altemate members to situations where a regular member is unable to participate because of a conflict of interest. Pursuant to the Town's municipal home rule authority, the Town previously enacted provisions that allow the use of ZBA and Planning Board altemates in more situations. The current Code provisions for both the ZBA and Planning Board state an "alternate may substitute for a regular member of the Board in the event such regular member is unable to serve because of a conflict of interest, illness, extended (longer than one month) absence from the Town, or is otherwise disqualified." Despite these provisions, ZBA altemate members regularly attend meetings but often still are not able to substitute for missing regular members. Although an altemate can substitute for a regular member who is sick for one night, the altemates have not been able to substitute for a regular member who is out of town for one night or is otherwise unavailable (unless ill or out of town for more than one month). The ZBA's regular and altemate members felt this provision should be revised to allow more opportunities for participation by altemates when regular members are absent. The COC agreed, and the enclosed two laws revise the provisions regarding ZBA and Planning Board altemates in identical ways to broaden the situations where an altemate can serve. The COC also added provisions regarding mandatory rotation of altemates to eliminate the Chair's discretion to pick which altemate to use (an imscmpulous Chair might otherwise select an altemate based on how he/she is likely to vote on a given issue). November 13, 2006 Regular Town Board Mtg. ATTACHMENT #6 ^ ^ TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF ZONING BOARD OF APPEALS ALTERNATE MEMBERS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. This local law is adopted pursuant to § 10, Subdivision l(ii)d(3), of the Municipal Home Rule Law of the State of New York. This local law supercedes § 267(11) of the Town Law of the State of New York to the extent this local law is inconsistent with such section. Section 2. Chapter 270, XXVIH, Section 270-235.A of the Town of Ithaca Code, entitled "Zoning Board of Appeals," is amended by deleting subparagraph 2 and adding a new subparagraph 2 reading as follows: "(2)(a) There may be appointed additionally up to two alternate members of the Zoning Board of Appeals. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in subparagraph b above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 267 (11), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3). All other rights, responsibilities and procedures related to altemate members set forth in said § 267 shall apply." Section 3. In the event 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 declaration of invalidity. 11/07/06 Section 4. This local law shall take effect upon publication of the local law or an f abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 11/07/06 (CMy local law comceoiisag Chariier revislom proposed Iby pstiliosi,) f" ;reby certify that the local law annexed hereto, designated as local law No of 20- iie City of having been submitted to referendum pursuant to the provisions of tion (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the ^ dlified electors of such city voting thereon at the (special)(general) election held on 20-—, became operative. ' 6. (Coumity local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 ® ?! New York, having been submitted to the electorsat 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—-- , above. ^ Clerk of the County legislative body, Citj^^^wn^Village Clerk ^ \ or officer designated by local legislative body n.,.. \V\U-DlP (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) ® or STATE OF NEW YORK COUNTY OF-lOmPMnS. I, the undereigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had-or taken for the enactment of the local law annexed hereto. Signature Attorney for the Town Title County ^•*7" of Town Village Date: (3) Regular Town Board Meeting 11/13/06 ATTACHMENT #4 ^ A Adopt-A-Park/Trail Policy For the Town of Ithaca Policy The Tov^ of Ithaca Adopt-a Park/Trail program is an effort to maintain the appearance of the parks and trails in the Town of Ithaca; involve and educate citizens of the problems of litter; and encourage community involvement. Group Responsibilities: 1. Clean up the assigned park or trail a minimum of two (2) times during any twelve (12) month period. (Preferably spring and fall) 2. Notify Town Public Works Department by phone at 273-1656 or via e-mail (Publicworks@town.ithaca.ny.us) one week prior to the date of clean up of the area. 3. Provide adequate supervision of clean-up activity by at least one adult (over age 18). 4. The buddy system or a minimum of two (2) people working together is required 5. Clean-up must be done only during daylight hours. 6. Place filled trash bags in designated areas and notify the Public Works Department for pick up. 7. Take care not to trespass on adjacent private property or interfere with other park users and activities. 8. Obey all park regulations. 9. Report problems such as vandalism to the Sheriff and unsafe conditions or other concerns to the Public Works Department at 273-1656. 10. Before first clean up, participate in an orientation with the Town Recreation Coordinator (or designee) to understand potential hazards and limit risk of injury from natural or hazardous materials. Town of Ithaca Responsibilities: 1. The Public Works Department will try to honor a group's request for a specific park or trail but assignments will be made on a first come, first choice basis. 2. Provide safety vests, and when requested appropriate gloves and trash bags to be placed at approved disposal locations. 3. Remove filled trash bags in a timely manner. 4. The Town Recreation Coordinator (or designee) will provide orientation and basic safety information to all participants. Regular Meeting of the Ithaca Town Board ATTACHMENT #5 November 13, 2006 SNOW AND ICE AGREEMENT AGREEMENT, made as of the 1st day of September, 2002, by and between the COUNTY OF TOMPKINS, a municipal corporation of the State of New York, with main offices in the County Courthouse at 320 North Tioga Street, Ithaca, New York, hereinafter referred to as the "County", and the TOWN OF ITHACA, a municipal corporation of the State of New York within the County of Tompkins, with offices at 215 North Tioga Street, Ithaca, New York, 14850, hereinafter referred to as the "Town". WITNESSETH: WHEREAS, Section 135-a of the State Highway Law and General Municipal Law Section 119-0 authorize a County and a Town to enter into a contract for the removal of snow fi*om County and Town roads or for sanding or otherwise treating them for the purpose of removing the danger of ice and snow, subject to such items and conditions as maybe agreed upon by the parties involved and with the approval by resolution of each of the legislative bodies of such County or Town, and WHEREAS, the County wishes to contract with the Town for the removal of snow and ice, and otherwise treating some County roads in said Town, and the Town wishes to contract with the County for the removal of snow and ice and otherwise treating some Town roads in said Town all as are hereafter listed and ^^^in accordance with snow and ice policies and practices pertaining to County and Town highways respectively, and promulgated before each snow and ice season by the County Highway Manager and Town Highway Superintendent. NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows: 1. The term of this Agreement shall be for three years, to commence October 1, 2002, and terminating September 30,2005. Following a review in May 2005 of the exchange of services provided herein, this three-year Agreement may be extended by written mutual consent. AMENDMENT; The term of this agreement shall be extended through June 30, 2008. 2a. The Town agrees, through its Highway Department, and consistent with the policies and practices of Tompkins County, to remove snow and ice fi-om the County roads listed in the attached Schedule A, and otherwise treat such roads for the purpose of removing the danger of ice and snow. The Town Highway Superintendent shall supervise and provide the necessary personnel, supplies, machinery, tools, and equipment, and furnish abrasives, salt, and/or related materials necessary for the performance of this agreement. 2b. The County agrees, through its Public Works Department, and consistent with the policies and practices of the Town, to remove snow and ice from the Town roads listed in the attached Schedule A, and otherwise treat Town roads for the purpose of removing the danger of ice and 1 snow. The County Highway Manager shall supervise and provide the necessary personnel, supplies, machinery, tools, and equipment, and furnish abrasives, salt, and/or related materials necessary for the performance of this Agreement. 2c. The Town and County further agree to promptly notify each other should any damage occur as a result of the exchange of services such as damaged shoulder, guiderail, STOP sign, or other roadside signs. Any other observation of winter related roadway or roadside damage may also be reported to the respective Highway Superintendent of the Town or County. 3. In accordance with Schedule A, the Town and County will provide a level of service consistent with this Agreement. The additional miles of snow and ice maintenance on County roads, provided by the Town, will be compensated on a total sum basis per mile as shown on Schedule A. Said compensation shall be paid by the County to the Town in four equal installments on each December 1, February 1, March 1, and April 1 of the contract period. The amount paid per mile will be adjusted each year by an amount equal to the percentage change in the County's per mile charge to the State for snow and ice removal performed during the preceding winter season (October - September). 4a. The Town shall keep records showing when work under this Agreement is performed on Coxmty roads, with an accounting of expenditures to include labor, equipment, and materials. Hourly rates for labor shall be Town rates; hourly rates for equipment shall be based on NYSDOT hourly rental rates; material costs shall be based on expenditures through Town, County, or State approved bid rates. Any other expenses incurred by the Town in the implementation of this Agreement shall be documented as part of the monthly accounting of expenses, and such records will be available for review by Coxmty staff diuing normal Town Highway Department business hours. 4b. The Coxmty shall keep records showing when work under this Agreement is performed on Town roads, with an accoxmting of expenditxires to include labor, equipment, and materials. Hoxirly rates for labor shall be Coxmty rates; hoxirly rates for equipment shall be based on NYSDOT hoxirly rental rates; material costs shall be based on expenditxires through Coxmty or State approved bid rates. Any other expenses incurred by the Coxmty in the implementation of this Agreement shall be documented as part of the monthly accoxmting of expenses, and such records will be available for review by Town staff during normal Coxmty Public Works Department business hours. 5. The exchange of Town and Coxmty services as herein agreed will include any and all necessary plowing for the removal of snow and ice from pavement and shoulders, and the application of abrasives and deicing materials such as sand, cinders and salt as necessary. The level of effort throughout the day, including early morning and evening hours, by each municipality, shall be consistent with past services and acceptable practices on Town and Coxmty roads. 6. If either party wishes to change the level of reimbxirsement, then at the request of that party, a comparison of the last two (2) year average of the fixed payment with the payment that would have been due xmder a time and material basis will be performed. The level of reimbursement will thereafter be calculated on a time and material basis if both parties agree in writing to the change. 7a. The Town shall indemnify, hold harmless, and defend the County, its officers and employees, agents, and elected officials for injury or death to any person or persons or damage to property arising out of performance of this Agreement by the Town, its employees, subcontractors, or agents except all actions and claims arising out of the negligence of the County. 7b. The County shall indemnify, hold harmless, and defend the Town, its officers and employees, agents, and elected officials for injury or death to any person or persons or damage to property arising out of performance of this Agreement by the County, its employees, subcontractors, or agents except all actions and claims arising out of the negligence of the Town. 8. The County and Town shall maintain the following minimum Hmits of insurance or equivalent self-insurance: (A) Workers' Compensation and New York Disability - Statutory Coverage Employer's Liability - Unlimited (B) Commercial General Liability including contractual, independent contractors, products/completed operations - Occurrence Form required Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Fire Damage Legal $ 50,000 Medical Expense $ 5,000 General Aggregate shall apply separately to the project prescribed in the contract Tompkins County and its officers, employees, agents and elected officials are to be included as Additional Insureds on the Town's policy The Town of Ithaca and its officers, employees, agents and elected officials are to be included as Additional Insureds on Tompkins County's policy (C) Business Vehicle Coverage Liability for Owned, Hired and Non-Owned Vehicles $1,000,000 CSLor $ 500,000 Per Person BI $1,000,000 Per Accident BI $ 250,000 PD Split Limits 9. This agreement is executed on behalf of the County pursuant to Resolution No. 91 adopted by the County Legislature on May 17,2005, and by the Town Board pursuant to Resolution No. , adopted on 20 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below. DATE: DATE: County of Tompkins Supervisor, Town of Ithaca DATE : Superintendent of Highways Town of Ithaca SCHEDULE A The Snow and Ice Maintenance Agreement between the Town of Ithaca and Tompkins County results in plowing, salting, and sanding roads as specified below. On all roads listed, each municipality will provide complete snow and ice maintenance pursuant to the terms of this Agreement. The Town will provide plowing, salting, and sanding on the following County roads (letter designations may be for internal (County) use, only; i.e. 1237, etc.): County Road:Section: East King Road, CR179 HanshawRoad, CR109H Pleasant Grove Road, CR122PG Troy Road, CR123T Warren Road, CR121 Miles: Rt. 96B - CRl 19, Coddington Road 2.02 Village Line - Freese Road 1.47 Forest Home - Village Line .60 Nelson Road, CRl23N- Coddington Road, CRll9 2.00 Forest Home - Village Line 1.91 Total Town Miles: 8.00 The County will plow, salt, and sand the following Town roads: Town Road: Section:Miles: Bums Road Game Farm Road Hopkins Road Maple Ave. Updike Road All 1.10 Ellis Hollow Road, CRl lOEH - Town Line .40 All .52 City Line - Pine Tree Road, CRl 74J .48 Coddington Road, CRl 19 - Tum-Around .37 Total County Miles: 2.87 The net difference in miles is 5.13 x $1,964,903 / mile = $10,079.95. In December 2006, February 2007, and March 2007, payments will be made by the County to the Town in the amount of three equal payments of $2,519.99 each, and in April 2007, one payment will be made in the amount of $2,519.98, for a total contractual payment of $10,079.95. The County payments due in December 2007, February 2008, March 2008 and April 2008 shall be adjusted as specified in the Agreement. /^Rev. 11/08/06 r r \ TOWN OF ITHACA Public Works Department's Monthly Board Report October for the November 13,2006 Meeting ROADS ¨ We installed shoulders on Burns Road and Westhaven Road. ¨ We helped the Towns of Enfield, Ulysses, and Caroline install shoulders. Also, we did some trucking for the Village of Trumansburg. ¨ We continued ditching roads in the Eastern Heights neighborhood and on Westhaven Road. ¨ Driveway culverts were installed on Westhaven Road and John Street. ¨ A new section of guide rail was installed on Pennsylvania Avenue. ¨ Traffic counters were installed on Pennsylvania Avenue, Kendall Avenue, Spruce Way, and Mclntyre Place in response to residents' complaints of speeding. ¨ We had defensive driving training and had individual CDL drivers go out driving with an instructor for further training. Brush pick up was finished the week of October 16*^. We borrowed the Town of Ulysses' chipper to enable us to send out three crews. After brush was finished, we sent out an early leaf vacuuming crew to pick up the leaf piles already put out at curbside. Crosswalks were painted at Forest Home Drive and Caldwell Road intersection. All pumps and our hydro-seeder were winterized and put away. We completed maintenance service on our salt mixer for the up coming snow season. Prepared trucks for snow removal. Continued working on our sign maintenance program. Finished mowing the roadsides. PARKS AND TRAILS □ Work continued on Pew Trail. We installed gravel base in the last remaining section down to Pine Tree Road and additional plantings were installed behind 109 Park Lane. □ Leaf blowing on all trails and final mowing of all sites were done. □ The Dress Woods Preserve was posted. □ Our three basketball courts were re-striped. □ The future community park site on West Hill (Perry Farm) was mowed. WATER Finished mowing the back lot water and sewer easements. , Engineering Technicians compiled data and information for water and sewer as-builts for this ^ year's projects. Our Engineering Technicians continued inspections on capital projects (^t HiU ,• ^ Trumansburg Road Tanks) and subdivision projects (Holley Creek ^d Overlook). Town crews repaired water main breaks at 156 Troy Road, 396 Coddmgton Road, and 100 ftftad qu^teriy pressure reducing valve (PRV) checks and maintenance with Bolton Point crew. SEWER The Engineering Technicians responded to 107 Dig Safely New York requests for sewer line markouts and attended a mark out seminar on October 25,2006. ^ af 107 + Town crews repaired sewer at 1039 Taughannock Boulevard and cleared a sewer blockage Regency Lane. Continued weekly sewer pump station checks. November Projects 1. Leaf collection with vacuum and then bagged leaves. 2. Snow removal as needed. 3. Continue working on Pew Trail. ' , 4. Ditching and culvert pipe cleaning. 5. Cutting shoulders. 6. Tree Trimming. 7. Qeaning out and repairs to manholes. 8. Hydrant and valve box repairs. 9. Mixing Salt and Majic -O ghk discussion regarding possible wind tower regulations, update on survey regarding weekly rentals in Lakefront Residential Zone, and initiation of discussion regarding possible amendments to noise law and sign law. [An added agenda item will be discussion regarding possible amendments to Zoning law concerning home occupations.] Transportation Committee/Transportation Plan: The Committee did not met in October. Staff presented the draff Transportation Plan to the Planning Board at the October 17 meeting subsequent to the Town Board's referral of the Plan for a recommendation. The Planning Board will hold a public hearing on the Plan at their November 21, 2006 meeting, and will send its recommendation to the Town Board. Staff has prepared multiple copies of the Plan, Executive Summary, and brochure and distributed these to a list of stakeholders, organizations and agencies with notification regarding the upcoming Planmng Board hearing. The media has also been contacted in order to publicize the availability of the draff Plan and to solicit public comments. A Committee meeting will be scheduled sometime affer the November 21®^ Planning Board hearing. If the Planning Board adopts their recommendation at the 11/21 meeting, it will be forwarded to the Town Board, and scheduled for discussion hopefully at the December 11^ Town Board meeting, and possibly for consideration of setting a public hearing to consider adoption of the Plan at the regular January 2007 Town Board meeting. Conservation Board: The Conservation Board met on October 5^ and November 2"^ 2006. Agendas included a discussion of the draft Town of Ithaca Transportation Plan, a conversation with guest speaker Christian Peters from Cornell's Department of Soils and Crop Science, reports and upda.tes fi-om committees, a general discussion regarding the Briarwood II Subdivision, a follow-up discussion regarding the Natural Areas Preservation Program (subsequent to the Town Board's discussion at the October 16*'' meeting), and a report by Larry Salinger on the 2006 Conference on the Environment The next meeting is scheduled for December 7,2006. Ithaca-Tomnkins Countv Transportation Council (ITCTC) Policv Committee: The ITCTC Policy Committee met on October 17, 2006 and adopted a resolution of support for the TCAD Economic Development Strategy and Collaborative and approved a TIP amendment for the City of Ithaca's Aurora Street Bridge project (to increase the funding). The Policy Committee also discussed the process for the 2007-2012 TIP Update. The next meeting of the ITCTC Planning Committee is scheduled for November 21,2006 at 10:00 a.m. Conferences: In addition to the attendance of a Conservation Board member at the 2006 Conference on the Environment (see Conservation Board item above), the Assistant Director of Planning and Planning Board Chair attended the New York Planning Federation Conference in Saratoga Springs, NY, from October 8-11, 2006. Conference materials are available for review in the Planning Department (see Sue Ritter). It was also confirmed at the Conference that the Governor signed the State law regarding training standards for local planning and zoning board members (refer to attached summary from "Talk of the Towns", page 20). Outdoor Lighting Law: The Outdoor Lighting law, adopted by the Town Board on October 16, 2006, went into effect on October 29, 2006. Pursuant to the notification requirements in the law, the Planning Department and Town Clerk's Office are coordinating the required notification to electricians, installers, designers and other light providers. An additional notification is being sent to I^^^M>ihhaca Rlannin^X^i^ctor's Rep(^:-:^^ businesses and institutions that may be affected by the canopy and sign illumination requirements of the new law requiring that such facilities come into compliance with the law within one year. Training Session - To^^m Board's Role in Planning and Zoning: This session with participants from the NYS Department of State, Division of Local Government has been confirmed for Wednesday, November 29, 2006 from 7:00 p.m. to 9:00 p.m. at the Borg Warner Room (East) at the Tompkins County Public Library. A flyer announcing ihe event is being prepared and will be distributed to all municipal elected officials, planning and zoning board members in Tompkins County, and will also be sent to Cortland County for their distribution. Staff has been in contact with the Dept. of State officials and County Planning regarding organization of the session. A press release is also being prepared that will be sent to our media list prior to the session. The final flyer announcing the program will be made available to Town Board members as soon as it is ready. Affordable Housing: Planning staff attended the Housing Forum sponsored by the City of Ithaca on October 19,2006. The program included a panel representing a not-for-profit housing agency, the real estate sector and a local bank. Discussion focused on the financial aspects of the local housing market, trends in local housing costs, how local taxes affect housing affordability, and some of the financing options available to homebuyers. Another session may be scheduled in the future that would include developers who have had experience vdth affordable housing projects in other areas and local developers who could speak about what might get them interested in building lower cost housing. Economic Development Collaborative: The newly, reorganized Collaborative met on October 23, 2006 to discuss how the organization can operate most effectively, an update on the newly approved Empire Zone in Tompkins County, the City's affordable housing initiative, and the Lansing sewer project. TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.LC.P. (607) 273-1747 Director of Planning (607) 273-1704 Planning Director's Report for November 13. 2006 Town Board Meeting DEVELOPMENT REVIEW October 17.2006 Planning Board Meeting: Ithaca College Gateway Building, Danby Road: The Planning Board granted Final Site Plan Approval for the proposed Ithaca College Gateway Building located on the Ithaca College campus north of Dillingham Hall, Town of Ithaca Tax Parcel No.'s 41-1-30.2 and 41-1-30.4, Medium Density Residential Zone. The proposal is for a new 4-level, +/- 50,500 gross square foot building for the Office of Admissions, the Office of Human Resources and the College's executive offices. The project will also include new stormwater facilities, outdoor lighting, landscaping, and changes to the adjacent parking area and walkways. Ithaca College, Owner/Applicant; Peter J. Trowbridge, Trowbridge & Wolf, LLP, Agent. I * Sketch Plan — Ithaca Community Childcare Center Additions & Renovations, 579 Warren \ Road: The Planning Board reviewed a sketch plan for the proposed additions and renovations at the Ithaca Community Childcare Center (1C3) located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73-1-1.4, Medium Density Residential Zone. The proposal includes the construction of two additions totaling +/- 5,905 gross square feet, interior renovations to the existing building, and new landscaping, walkways, and lighting. Ithaca Commumty Childcare Center, Owner/Applicant, Peter J. Trowbridge, Trowbridge & Wolf, LLP, Agent. Town of Ithaca Transportation Plan: The Planning Board heard a presentation of the draft Town of Ithaca Transportation Plan, and decided to hold a public hearing regarding a recommendation to the Town Board on the Transportation Plan at the November 21, 2006 meeting. [The Town Board referred the draft Transportation Plan to the Planning Board for a recommendation at the October 5, 2006 meeting.] November 7. 2006 Planning Board Meeting: Halkiopoulos 2-Lot Subdivision, 155 and 155.5 Westview Lane Road; The Plaimng Board granted Preliminary and Final Subdivision Approval and modification of the original 1986 Grandview Subdivision approval for the proposed 2-lot subdivision located at 155 & 155.5 Westview Lane, Town of Ithaca Tax Parcel No. 58-2-39.54, Medium Density Residential Zone. ^ The proposal involves subdividing the +/- 19,795 square foot property into two lots where each umt ^ of the existing duplex will be on an individual lot. This approval also included a modification of the ^ I original 1986 Grandview Subdivision approval which restricted this lot (Lot No. 36) to a single owner duplex. Matoula & Greg Halkiopoulos, Owners/Applicants. Overlook at West Hill - Light Fixtures (Modification), West Hill Circle: The Planning Board considered approval for a modification to the Overlook at West Hill development located off Trumansburg Road on West Hill Circle, Town of Ithaca Tax Parcel No. 24-4-14.23, Multiple Residence Zone. The proposed modification includes permitting the installed wall-mounted light fixtures at all exterior doorways and porches to remain. The installed light fixtures are decorative in nature, but do not conform with the site plan approved by the Planning Board on April 20, 2004 (PB Resolution No. 2004-032), which included shielded, full cutoff light fixtures to prevent unnecessary glare and light spillage. Based on a sense that the Board would not approve the proposed modifications, the applicant withdrew the proposed modifications, and will re-submit a new proposal that will provide fully-shielded replacement light fixtures as originally required. Overlook at West Hill, LP, Ovmer; David Brewster, Agent. Reviews for Zoning Board (ZBA): Five applications for the Zoning Board were processed since the October report as follows: October 23, 2006 ZBA Meeting: (1) a side yard variance was granted to permit the placement of a 10' X 12' accessory building within the required side yard, located at 1032 East Shore Drive, Lakefront Residential Zone, Maiden C. Nesheim, Appellant; (2) a sign variance was granted to permit the placement of an off-premise, freestanding neighborhood identification sign, approximately 18 square feet in size (according to the measurement guidelines in Chapter 221), exceeding the six square foot maximum permitted in Chapter 221 of the Town Code, located at the Westview Subdivision, 9 Schickel Road, Medium Density Residence Zone, Boris Simpkin, Appellant; (3) a variance jfrom the sprinkler requirements of Chapter 225 of the Town of Ithaca Code was granted in conjunction with the construction of the Cornell Plantations Plant Production Facility, consisting of a 3,224 +/- square foot greenhouse and adjacent 1,204 +/- square foot service building, without the required sprinkler, located at 397 Forest Home Drive, Low Density Residential Zone, Cornell University, Appellant, Hal Martin and Phillip D. Albrecht, Agents; (4) a modification of a previously approved area variance was granted to permit the replacement of an existing residence not meeting the required side yard setback, located at 985 Taughannock Boulevard, Lakefront Residential Zone, Julie Crowley and Lisa Kerslake, Appellants, Jason Demarest, Agent; (5) a request for special approval and possible variance to permit a home occupation consisting of a career counseling business in a home that is rented (not owned by the person operating the business) was postponed (the home occupation definition requires that the operator of the home business also be an owner of the residence), located at 153-1/2 Westview Lane, Medium Density Residential Zone, Susan C. Cosley, Appellant, [Four actions approved; one action postponed.] CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COC): The Committee met on October 18, 2006 to continue review of existing regulations regarding docks and shoreline structures, proposed amendment to provisions in the Zoning Code regarding alternate Zoning Board members, continuation of discussion regarding possible wind energy facility regulations, and discussion regarding weekly rentals in the Lakefront Residential Zone. The next COC meeting is scheduled for November 15, 2006. Tentative agenda items include continuation of review of dock regulations, continuation of raining Standards Approved for Local Planning Officials can be fulfilled at the school in 2007 'TlannixigNews^" the quartertynewsletter of The New YorkPlanning Federation was used as a source for this article n L n Jhe New York State Legislature has approved a bill (S.6316/A.9259) v I sponsored by Sen. George H. Winner. Jr. (R-C, Elmira) and X Assemblywoman Sandy Galef P-Ossining) to estabUsh minimum training requirements for municipal planning and zoning officials. The new legislation proposes a minimum training standard of four hours annually for members of local planning boards, ZBAs and county planning boards. The bill (Chapter 662 of the Laws of 2006) was sent to the Governor ^^n September 1" and signed September 13, 2006. Lunicipalities arc provided with the flexibility to structure the training jquiremcnt in a variety of ways and through a wide range of resources, .eluding the Association of Towns, which offers training at both our ;annual summer schools and Annual Training School (where 2-day tracl« ;are presented.) The Association is planning to step up efforts in this ifield to meet the increasing demand for training. I The billys sponsors cited a growing consensus among planning federations, local governments, builders' institutes, insurance companies, economic development corporations, land trusts, environmental groups and others that well-trained municipal planning and zoning board members are essential jto maintaining and enhancing quality communities. The need to provide Gaining was also consistently highlighted by participants at a series of leleven regional "listening sessions" sponsored by the Rural Resources ICommission and Cornell University and Cooperative Extension service jthroughout the State earlier this year. Bob Elliott, Executive Director of the NYPF concurs. 'The importance of training for local planning and zoning officials cannot be underestimated. The volunteers who serve on planning and zomng boards in New York provide valuable service and, although many already seek ^,training, for others there is abundant — frequently at no cost — and readily available training to enhance their ability to make sound decisions. Training is a necessary component of the job of these public servants whose actions affect not only their own communities, but often the surrounding areas, as well. This legislation goes a long way toward assuring Icommunitics that the best practices available will become the foundation lof their actions." ^ Continued from page 19 a legslative enactment and tiie easement or covenant a matter of private agree ment."" So, while the town properly granted the special use permit, the property still could not be used for a tower, because it would have violated the restrictive covenant "What we want to address here are those situations where what is ordi narily a contract can be enforced like an ordinance. Therefore, rather tiian the Chambers v. O/ri 5fone/M situa tion, we assume the applicant has en tered into the covenant as a means of satisfying a condition imposed upon a zoning approvaL^® Restrictive cov enants are not ordinances," even tiiou^ they can be used as mecha nisms to enforce regulatory condi tions. Like conditions, restrictive cov enants .must be within die scope of a municipality's power. For example, a municipality sought to enforce a restrictive cov enant that stated there shall be no sale of alcoholic beverages on the pre mises." Even thougji the original re strictive covenant had been voluntarily entered into by the original owner of die site, the court struck down its en forcement In that spedfic case, die court found that the town's effort to prohibit the sale of alcoholic bever ages in convenience stores was pre empted by the State's Alcoholic Bever age Control Law. The point of that case is diat a town cannot by restrictive covenant gain any power, even througji a volun tarily enacted covenant, which it does not possess. As stated by the court, the town could not regulate indirecdy what it could not do directiy," Thus, with these parameters, we turn tt) us ing restrictive covenants as a condition of approvaL rnnditions New York has permitted munici palities to ei^agc in zoning condi-. tioncd on die execution of a privam -10- fiffnt^mher/Octoher 2006 Building and Zoning Monthly Report 10/1/06 Until 10/31/06 Building Permits 'BP#Date Value Description fee category 6777 10/5/2006 $7,000.00 Tear off and replace roof shingles $45.00 renovations to residential 6775 10/5/2006 $8,426.00 Tear off and re-roof house and garage $45.00 renovations to residential 6776 10/5/2006 $60,000.00 728 square foot room and patio addition $200.00 additions to residential 6779 0/11/2006 $7,000.00 Reconfigure Suite 20 Serendipity Catering (partition wall) $45.00 business 6778 0/12/2006 $15,100.00 Reconfigure Suite 200 $60.00 business 6781 0/16/2006 $365,000.00 Reconstruction for Wildlife Health Center $850.00 business 6780 0/16/2006 $6,000.00 Storage shed $45.00 business 6782 0/16/2006 $12,000.00 Demolish two-family home (existing cottage) $60.00 miscellaneous , 6783 0/17/2006 $30,000.00 Construct Ag storage building in Ag zone $70.00 agricultural 6784 0/18/2006 $6,300.00 Remodel TPG test chamber area $45.00 business 6785 0/24/2006 $8,000.00 Remodel Suite 139 for Applied Benefit Solutions $45.00 business 6786 0/25/2006 $2,000.00 Enclose porch and convert into living area $25.00 renovations to residential 6787 0/30/2006 $1,250.00 Replace commercial cooking equipment and upgrade fire protection system $25.00 business Totals $528,076.00 1 $1,560.00 i y. f \ WVI Uli BP# ucmvo VI wwvMti/aiiwv Address Description CO Temp 5963 117 Hopkins Rd Extend existing garage 10/1/2006 □ 6632 113 Campus Center Ln Renovate postal area and create new customer counter 10/2/2006 □ 6653 121 Gym Rd Rebuild intersection and sidewalk 10/4/2006 □ 6702 121 Pleasant Grove Rd Tear off and reroof existing structure 10/5/2006 □ Wednesday, November 01, 2006 Building and Zoning Monthiy Report 10/1/06 Until 10/31/06 6695 821 Danby Rd Convert storage space to bakery (Confection Connection) F1 occupancy 10/5/2006 □ 6605 25 Helen's Wy New above ground pool 10/10/2006 □ 6616 110 King Rd W New 16' X 32' inground pool 10/11/2006 □ 6453 135 Lexington Dr Replace deck 10/11/2006 □ 6411 201 Maple Ave Tear-off and re-roof buildings D & E 10/11/2006 □ 6479 302 Pine Tree Rd Interior alterations and site work 10/12/2006 □ 6662 136 Troy Rd Inground pool with fence 10/12/2006 □ 6468 106 RIdgecrest Rd Remodel bath to incorporate ADA compliant fixtures 10/12/2006 □ 6775 1219 Mecklenburg Rd Tear off and re-roof house and garage 10/13/2006 □ 6777 214 Forest Home Dr Tear off and replace roof shingles 10/17/2006 □ 6627 151 Alumni St Convert 4 rooms into one large classroom 10/17/2006 □ 6250 405 Palm Rd Additions to library annex storage building 10/17/2006 □ 6581 224 Bostwick Rd Remodel kitchen & replace bay window & improve rear entry 10/17/2006 □ 6227 126 Game Farm Rd 2 athletic fields and site work 10/18/2006 □ 6227 126 Game Farm Rd 2 athletic fields and site work 10/18/2006 □ 6227 126 Game Farm Rd 2 athletic fields and site work 10/18/2006 □ 6227 126 Game Farm Rd 2 athletic fields and site work 10/18/2006 □ 6434 126 Game Farm Rd Athletic field support bidg 10/18/2006 □ 6432 126 Game Farm Rd 2 athletic fields 10/18/2006 □ 6432 126 Game Farm Rd 2 athletic fields 10/18/2006 □ 6432 126 Game Farm Rd 2 athletic fields 10/18/2006 □ 6579 172 King Rd E Reconstruct pedestrian bridge from parking lot 10/18/2006 □ r > I 1 I \ i \ Wednesday, November 01,2006 Page 2 Building and Zoning Monthly Report 10/1/06 Until 10/31/06 ^6432 126 Game Farm Rd 2 athletic fields 10/18/2006 □ 6682 127 Warren Rd 576 square foot detached garage 10/19/2006 □ 6236 1 Whitetail Dr Remove deck and build kitchen addition 10/26/2006 □ Complaints Date Address Complaint Type Disposition 10/11/2006 509 Five Mile Dr property maintenance Pending Existing Building CO ( * f \ Field Visits Building Code Complaint/Investigation Fire Safety Fire Emergency Total 66 6 2 0 74 (■ \ Wednesday, November 01,2006 Pages ] 1/01/2006 13:48:09 TOWN OF ITHACA B2110 - B2110 Transaction Report For the period 10/01/2006 through 10/31/2006 QuantityTypeDateCommentName Fee B2110 l.BP 10/02/2006 70.-1-12 EINARSON, MARNE;1 200.00 CALDWELL, TED 2.BP 10/03/2006 28.-2-3 SUTRYK & SON, INC.1 45.00 3.BP 10/03/2006 39.-1-1.1 SOUTH HILL BUSINESS 1 45.00 CAMPUS 4.BP 10/10/2006 44.-2-2 ELMO, ANN 1 25.00 5.BP 10/11/2006 66.-2-11 HARRIET BRITTAIN 1 45.00 6.BP 10/17/2006 33.-1-4.1 BARTHOLOMEW, DALE 1 50.00 7.BP 10/23/2006 66.-6-2 CRANE, ALEX 1 200.00 8.BP 10/25/2006 39.-1-1.1 SOUTH HILL BUSINESS 1 25.00 CAMPUS 9.BP 10/26/2006 46.-1-15.10 SNYDER, LARRY 1 137.50 lO.BP 10/27/2006 72.-1-1.170 R.C. LEGNINI CO. INC.1 200.00 11.BP 10/31/2006 40.-4-2 ROGAN'S CORNER 1 25.00 n 997.50 12.BPE 10/17/2006 32.-2-3.6 GREENSPUN, TOM AND 1 87.50 JOSEPHINE 13.BPE 10/17/2006 73.-1-1.31 BOCES 1 50^ 14.BPE 10/25/2006 39.-1-1.1 SOUTH HILL BUSINESS 1 50/ / CAMPUS ' 1 V 00 15. CO 10/16/2006 70.-10.1.5 HORNG-SHING LU 100.00 16.CO 10/20/2006 70.-1-1.16 BAZAROV 1 100.00 200.00 17.0P 10/13/2006 ITHACA COLLEGE 41.-1-30.2 1 1,950.00 1 1,950.00 18.SP 10/04/2006 24.-4-14.24, -14.23 OVERLOOK 1 15.40 19.SP 10/17/2006 62.-1-3.2 RITE AID 1 24.21 20. SP 10/20/2006 62.-1-13.2 ELLICOTT DEVELOPING 1 17.31 21.SP 10/30/2006 62.-1-13.2 RITE-AID 1 20.00 76.92 22.TCO 10/05/2006 33.-1-4.14 MCAFEE, KEVIN S 1 7.50 1 7.50 23.ZBM 10/04/2006 58.-2-39.53 SUSAN COSLEY 1 100.00 1 100.00 Total Sales 23 3,519.42 f \ '' 1 Page: 1 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Councilperson Will Burbank, Chair Recreation & Human Services Committee Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator September 2006 This months report is abbreviated, as it appears I contracted pertussis somewhere this month and was placed under quarantine when the report was due! Youth Employment • Support functions for recognition event • Authored article for newsletter • Recmited potential youth for data entry project (Change in ICSD hours has made this more "challenging".) • Attended County Youth Services meeting to support verbal report by Matt & Justin of their youth initiated project. • Met with potential youth applicant Joint Youth Commission • Recmited two individuals for vacancies on commission • Attended meeting with report from Rural Youth Services Worker Carissa Mann about potential future programming Recreation Partnership • Attended meeting where future funding concems were discussed • Provide point of contact to communicate with current appointees and altemate pertinent information such as determination by the Town of Ulysses determination to remain in partnership and request for resolution of support at agenda planning meetings f 1 Recreation and Human Service Committee • Lead Tutelo Park Opening Event Planning Committee . Did support work to make event happen successMly including many meetings,follow up, mailings, and publicity including media contacts . Completed provisions for "adopt a park" and pavilion fee rental policy to proceed to board for action • Other related activities as directed Related Activity Supervised student intern Ben Bromberg (Volunteer Coordinator for Tutelo Park Opening) and Community Volunteer Barbara Goehner / I f y Regular Meeting of the Ithaca Town Board, November 13, 2006 Human Resources Report for October, 2006 Board Personnel Committee: The committee did not meet in October. Work was completed for Councilman Stein regarding the 5 year analysis of personnel expenses. Work was completed on the 2007 Personnel Budget. Safety Committee: Committee continued discussion of status of the building safety checklist, status of accidents or incidents and dangerous intersections. Training and Development: The first 2 sessions of the Brainteaser Series have occurred. Attendance for the sessions have been good. Personnel - Civil Service: I have spending a great deal of time working with Bolton Point on personnel matters. Interviews and orientation for an Account Clerk Typist was completed. The appointed employee resigned 9 working days later. Commercial Insurance (Ithaca Aoencv - Selective Insurance Company): There are no new claims to report. I spent time this month working on claims management of our current claims. Workers' Compensation (Public Employers Risk Management Assoc - PERMA): The audit for the 2005-2006 billing cycle has come in at a savings of $1,200. Disability Insurance: There is one employee out on a disability claim, that employee is expected to returned to work in December. Unemployment Insurance: Currently there are no unemployment claims. Submitted By: Judith C. Drake, PHR Human Resources Manager TOWN ENGINEERS REPORT 11/13/2006 ' ^On November 2 the plant had no effluent discharge for 5 hours (by diverting flow to empty tanks) to allow Crane Hogan to repair a leaking Sluice gate. At the same time the W & S department core drilled the effluent chamber wall to install a new effluent sample line. Between October 20 and 21 the plant was on Generator power about 13 hours. NYSEG had a control regulator bum up on one of the phases, which created a voltage imbalance. They have replaced and repaired their equipment. Plant maintenance items included replacing the windows in the lab a more energy efficient window, and a temporary repair to the thickened sludge line in the plant which had developed a leak a leak. That iron pipe line is about 20 years old and will need to be replaced because of wear caused by the abrasive nature of the sludge. Joint Interceptor Sewer Projects Construction of the interceptor sewer on Aurora Street between Hudson Street the block above Prospect Street was completed in October. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that is being collected by the engineering interns is being processed and developed into a stormwater model for the ' \ Town. The Northeast area is a priority study area because of the proposed Briarwood Subdivision. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which is continuing to work on drafting an intermunicipal agreement to formalize the group. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. Most of the site work has been completed and restored. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Constmction of phase II improvements is complete except for final pavement. Legal responsibility for / \ maintenance of the permanent storm water management measures is in the process of being finalized. Town Engineer's Report November 13,2006 Daniel R. Walker Page 2 11/8/2006 Town Engineer*s Report for 11/13/2006Town Board MeetingV / TOMPKINS COUNTY EMERGENCY PLANNING COMMITTEEThe Town Engineer is a member of the Emergency Planning Committee. The Committee met October 17,2006 at the Department of Emergency Response Conference Room. The committee reviewed the goals foremergency preparedness of the member organizations. The committee has formed several subcommittees toaddress the different annexes in the emergency management plan. The Town Engineer is a member of thePublic Works Sub-Committee which will meet in November.EARTH FILL PERMITSNo earth fill permits were issued in October 2006.WATER PROJECTSEast Hill Transmission Main and Storage TankThe tank construction contract has been completed and is being closed out with the final contract paymentreleasing retainage. Electric service to the site has been arranged with NYSEG and is pending execution of theeasement to HYSEG fi'om Comell. After the electric service is installed Tank controls and radio telemetry will^ be installed by Bolton Point Staff. The tank will be put into service after new pumps and controls are installed•v [ at the Oakcrest Booster Pump Station.Trumansburg Road Water Main ImprovementsFinal design is underway for a capital project to replace the 80-year-old, 6-inch cast iron water main, whichserves Trumansburg Road from the city line to Harris Dates drive. This project has been on the capitalplan for construction in 2007.SEWER PROJECTSSewer Joint CommitteeThe Town of Ithaca is one of the Joint Owners of the Ithaca Area Waste Water Treatment Plant. The TownEngineer reviews the operations of the plant and attends the SJC meetings as technical staff for the Town.The following is a report from at the November 8,2006 SJC meeting.Cleaning of the Primary Digester has been completed and the digester is back on line. 828 wet tons wereremoved. Cleaning of digesters is required when solids such as sand and grit build up on the bottomreducing capacity.October 30 NYSDEC performed an annual inspection on the plant. The final report was that the plant isoperating well and in compliance with the DEC permit./The 84 day process performance period for the Acti-flow system for phosphorus removal has begun. Thisis the last phase of the phosphorus removal project.. TOWN ENGINEERS REPORT 11/13/2006 WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. Several details of the plan that includes detention located on several of the lots is being modified to better fit the topography and siting of the individual houses. OVERLOOK ON THE WEST HILL Most of the site restoration and Landscaping work has been completed. The Engineering staff is monitoring the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION Demolition of the old Biggs A building is continuing and should be completed in November. The on site hard fill disposal area is being protected by the required sediment and erosion control measures and placement of hard fill is being monitored by the Engineering Department. Town Engineer's Report November 13,2006 Daniel R. Walker Page 3 11/8/2006 November 13, 2006 Regular Town Board Mtg. ATTACHMENT #8 MEMORANDUM OF UNDERSTANDING This agreement is effective on the day of , 2006, between the City of Ithaca (hereinafter "the City"), a municipal corporation with offices at 108 East Green Street, Ithaca, New York, 14850, and the Town of Ithaca (hereinafter "the Town"), a municipal corporation with offices at 215 North Tioga Street, New York, 14850. WITNESSETH: WHEREAS, the City and the Town have a long-standing relationship whereby Town of Ithaca residents have access to various recreational facilities owned and operated by the City, such as Cass Park, and WHEREAS, the City and the Town would like to formalize the existing arrangement pursuant to their authority under New York General Municipal Law Section 119-o to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a contract or cooperative basis, NOW THEREFORE, in consideration of the mutual promises, conditions, covenants, and considerations set forth herein, the parties hereto agree as follows: 1. For the calendar years 2006 and 2007, the Town agrees to pay the City One Hundred Thousand One Hundred and Ninety-Two Dollars ($100,192.00) each of the two years. These payments are based on estimated usage of the Cass Park pool and skating rink by Town residents and the City's projected operating costs attributable to such usage by Town residents. 2. For the calendar years 2006 and 2007, the fees charged by the City to Town residents for use of the Cass Park pool and Cass Park rink shall not exceed the fees charged by the City to City residents for such use, and Town residents shall be entitled to use such facilities on the same basis and with the same privileges as City residents. 3. The Town has made provisions in its 2006 and 2007 budgets for these payments to the City, which payments are to be disbursed to the City in accordance with the regular procedures by the respective parties with regard to disbursement and receipt of such payments. The Town shall make the 2006 payment by , 2006, and the 2007 payment by , 2007. 4. The City will provide the Town Supervisor with copies of daily attendance counts of Cass Park pool and Cass Park rink for the 2006 and 2007 seasons and statements showing the total number of passholders as well as the number of such passholders that were Town residents. The City shall furnish the 2006 information by , 2006 and the 2007 information by , 2007. This attendance information is needed by the Town to complete its analysis of the use of such facility by Town residents. The parties recognize the need to ensure that this information is utilized and maintained in a manner that safeguards the privacy of individual patrons. 1 f''^S5. The parties will not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, recreational } ^ facilities' patron or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. 6. By signing this memorandum of understanding, the Town is not undertaking any responsibility for the maintenance or operation of either of such facilities and accordingly the City hereby indemnifies and agrees to defend and save and hold harmless the Town, its officers, agents, contractors, and employees (hereinafter in this paragraph collectively referred to as the "Indemnified Parties") from and against any and all suits, claims, losses, liabilities or expenses (including costs and reasonable attorneys' fees) by reason of any claim made against, or any liability imposed upon, the Indemnified Parties for damages because of any injury to persons, including bodily injury and death, or because of any damage to property, including loss of use thereof, resulting from any activities, negligence, or willful wrongful acts of the City, its agents, subcontractors, employees or invitees arising out of, or in any way related to, the operation, maintenance, use, and ownership of the Cass Park pool and Cass Park rink. Notwithstanding the foregoing, to the extent the Town is determined to be negligent regarding its actions in relation to the Cass Park pool and Cass Park rink, the City's indemnification shall not extend to the proportion of loss attributable to the ^ Town's negligence. / N 7. All correspondence or notices with regard to this agreement shall be deemed sufficient and properly given if in writing and delivered in person or by United States Mail to the following: (a) To the City: Mayor, City of Ithaca, 108 East Green Street, Ithaca, New York, 14850; with a copy to: City Clerk, City of Ithaca, 108 East Green Street, Ithaca, New York, 14850. (b) To the Town: Town Supervisor, Town of Ithaca, 215 North Tioga Street, Ithaca, New York, 14850; with a copy to: Town Clerk, Town of Ithaca, 215 North Tioga Street, Ithaca, New York 14850 CITY OF ITHACA: Date: by Carolyn Peterson, Mayor TOWN OF ITHACA: Date /' \ by Catherine Valentino, Supervisor 2