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HomeMy WebLinkAboutTB Minutes 2006-06-12Final Mail-out Agenda ^ Regular Meeting of the Ithaca Town Board Monday, June 12, 2006 at 5:30 p.m. 216 North Tioga Street, Ithaca, New York ^ 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Mike Koplinka-Loehr 4. Report of City of Ithaca Common Council 5. Report of Fire Commission 6. 6:00 p.m. - Persons to be Heard and Board Comments 7. Presentation by Don Barber on New York Municipal Insurance Reciprocal 8. Consider Appointment to Fire Commission 9. Presentation of Richard Fischer Award 10. 7:00 p.m. - Public Hearing regarding a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones 11. SEQR - regarding a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones 12. Consider adoption of a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones 13. 7:15 p.m. - Public Hearing - Mandeville Noise Permit Application 14. Consider Issuing Noise Permit for V. Mandeville 15. 7:30 p.m. - Public Hearing - Ithaca Community Fireworks Noise Permit Application 16. Consider Issuing Noise Permit for Ithaca Community Fireworks 17. Consider SEQR and Approval of Change in Southern Cayuga Lake Water Commission Agreement Final Mail-out Agenda 18. Consider Authorization for Grant Application for Purchase of Agricultural Conservation Easement 19. Consider Acceptance of a portion of West Hill Drive 20. Consider Approval of City of Ithaca Request for Waiver of Subdivision Fee 21. Consider Approval of Stipulation and Settlement Agreement regarding Crossmore Litigation 22. Consider Approval of the Tompkins County Council of Governments interim bylaws and appointments to the council 23. Consider Appointment of Ethics Board member 24. Consider Adopting 2007 Pegasys Access Studio Capital Budget 25. Consider change in date for July Town Board Meeting 26. Consider Approval of Procedures for Town Board Meeting Agendas 27. Consider amending Town Board resolution regarding the appointment of alternate Zoning Board of Appeals member 28. Consider appointment of Alternate Zoning Board of Appeals member(s) 29. Consider Resolution of Appreciation for Linda Fetherbay and Deborah Kelley 30. Consent Agenda a. Town of Ithaca Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Appointment of Laborer e. Ratification of appointment of temporary Planning Intern f. Work Study Agreement with Cornell g. Sale of Sewer Vacuum 31. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning ~ e. Budget Officer i j f. Manager of Human Resources g. Network/Records Specialist Final Mail-out Agenda h. Recreation and Youth Coordinator i. Attorney for the Town 32. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Alternate Energy Committee d. Board Policy and Protocol e. Capital Projects and Fiscal Planning Committee f. Codes and Ordinances Committee g. Ethics Committee h. Personnel Committee i. Public Works Committee ]. Recreation and Human Services Committee - Discussion k. Records Management Advisory Board I. Safety Committee m. Transportation Committee 33. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee c. Intermunicipal Cooperation and Consolidation Study Group d. Joint Youth Commission e. Lake Source Data Sharing f. Pegasus Oversight Committee g. Recreation Partnership h. Special Joint Committee (Sewer) i. Southern Cayuga Lake Intermunicipal Water Commission j. SPCA monthly report for January 2006 34. Review of Correspondence a. 5/1/06 letter from Six Mile Creek Vineyard re liquor license b. 5/10/06 letter from Dinah Collins re request for guard rail c. 5/19/06 letter from NYS Office of Cyber Security and Critical Infrastructure re conference d. 05/21/2006 email from W. Trochim re Proposed Outdoor Lighting Ordinance e. 06/01/2006 email from M. Wright re Speed Limit on Route 96 (Trumansburg Road) f. SPCA monthly report for April 2006 g. Tompkins County Planning Department 2005 Annual Report 35. Consider Executive Session regarding: matters leading to the appointment of a particular person; discussion of property rights acquisition; discussion of pending litigation re Health Department Fees to Bolton Point 36. Consider Adjournment June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Regular Meeting of the Ithaca Town Board Monday, June 12, 2006 at 5:30 p.m. 215 North Tloga Street, Ithaca, NY 14850 THOSE PRESENT: Supervisor Valentino; Councilwoman Gittelman; Councilman Burbank; Councilman Engman; Councilman Stein; Councilman Cowie; Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Fred Noteboom, Highway Superintendent; Daniel Walker, Director of Engineering; Jonathan Kanter, Director of Planning; Judy Drake, Human Resources Manager; Susan Brock, Attorney for the Town EXCUSED: Al Carvill, Budget Officer OTHERS PRESENT: Mike Koplinka-Leahr; Tompkins County Legislature; Bob Romanowski, Fire Commission; Robin Korherrrr, Common Council; Brent Katzman, Conservation Board; Dave Mountin, 738 Elm Street Extension; Heather Mandeville, Brooktondale; Max and Hope Mandeville, Brooktondale 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 Countv Legislature - Mike Kopllnka-Loehr Mike Koplinka-Loehr appeared before the Board on behalf of the Tompkins County Legislature and reported as follows: The Legislature gave a directive that all departments must come in with a zero percent tax rate change; that comes out to a 2.8% tax levy change. He thought that the community was generally in support of it. Kudos were given to Judy Drake for the Diversity Consortium Round Table. There was a great turnout, 180 persons participated. The County has appointed a fulltime Deputy County Administrator, Paula, and Shawn Martel- Moore, a current department head, will have some shifting responsibilities. Ms. Martel-Moore will still manage the Human Rights Department and then take on a number of Deputy County Administrator responsibilities regarding program assessment, diversity, strategic planning process. The County has reorganized how they look at capital projects beyond the 5-year term. They will be looking 20 years ahead, getting closer to the life cycle of infrastructure. They are anticipating putting money into an ongoing capital plan. In general, the County is looking at having 1 % of the tax levy go towards capital programs. It will generally meet the capital needs on an ongoing basis. I The County is in the process of getting authorizations from the different municipalities for the I public safety emergency response communications project. Mr. Koplinka-Loehr asked if there were questions from the Board. June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Engman asked what were the anticipated end result and goals of the diversity consortium. Mr. Koplinka-Loehr explained that in 1997 the County had an affirmative action plan and they are converting that to Workforce Diversity Inclusion. In his own words, Mr. Koplinka-Loehr stated he thought they were looking at having a welcoming culture, a culture that understands the diversity of the community and is representative of the community. They will also look at how they can change their practices so that the needs of customers from diverse constituencies are being met. Supervisor Valentino added as part of the consortium they came up with some action goals. Mr. Koplinka-Loehr concurred stating there were some action steps identified and he believed there would be task forces. Ms. Valentino stated she had spoken with Ms. Drake about putting some money in the Town's 2007 budget for diversity training for Town personnel. Mr. Noteboom asked Mr. Koplinka-Loehr for an update on the communications system. Mr. Koplinka-Loehr responded each municipality being affected is going through a permitting process. They got word last month that the State will kick in some money. Supervisor Valentino thanked Mr. Koplinka-Loehr for his report. Agenda Item No. 4 - Report of Citv of Ithaca Common Council Ms. Robin Korherr appeared before the Board on behalf of Common Council and reported pn the following: ! j Common Council voted to begin reorganizing the Building Department. It includes adding two positions immediately and phasing in additional positions over time. The development projects that have recently taken place have put a tremendous damper on the limited resources of the department. Permit fees associated with development will fund the reorganization project. Common Council approved submitting a grant application to the Environmental Protection Fund Local Waterfront Revitalization program. It will allow the City to conduct planning and design phases of dredging the Inlet, Fall Creek, Cascadilla Creek, Six Mile Creek and evaluate the possible use of the spoils to add to the edge of Cass Park and add additional parkland to Stewart Park. The City will have to match the amount of the grant, which will cost the City approximately $133,000. The City also voted to replace the IDA'S density incentive program with what they consider to be a community investment incentive program. It will allow the City to separate the public benefit piece of development projects endorsed by the IDA. Tax abatement will be specific to IDA and Common Council will endorse projects that meet Council approved benefits. The Council would then vote to endorse the project and request that the Mayor move forward to recommend to the IDA that they receive abatements. nCommon Council also passed a resolution thanking the Tompkins County Planning Department for their work on the affordable housing needs assessment. The resolution June 12,2006 Regular Town Board Meeting Approved July 24, 2006 spoke to Council individually contributing comments to the Planning Department on how they would like to see sections of their wards developed. Aggressive work has been done on the taxi issue. They have done research on what other municipalities do regarding rates charged. They have talked about enforcing hybrid vehicles into the larger fleets of companies; maybe similar to the same ratio that the City is trying to incorporate hybrid vehicles. The enforcement sections are lengthy in the City ordinance, while the Town's ordinance does not have the enforcement piece, the City's does. They are revamping that to bring it up to current standards. They are down to what Ms. Korherr believes is the crux of the problem and the City and Town have differing opinions on how this should work. It relates to what we can actually regulate. The City ordinance refers to the trip wholly taking place within the City of Ithaca; they can only regulate the trips that start and stop within the City. Rarely is this the case. The Town's interpretation is more liberal; the trip must either originate or end in the Town of Ithaca to have the rates apply. At the last meeting they discussed how to move past this issue. The City attorney will be reviewing it for them and determining whether the City should embrace the Town's perception of the law or whether they should receive a legal opinion from the Attorney General. Councilman Burbank thanked Ms. Korherr for her report and asked for questions from the Board. Councilwoman Leary added the committee working on the taxicab ordinance had talked about staying with the Zone system or having metered cabs. Ms. Korherr stated that there were pros and cons to both systems. The meters are somewhat foolproof with regard to the charge. It is turned on when the trip starts and they regulate the rate per mile and the rate per minute; meters calculate both rates. It will cost the riders more money than what they are currently paying. The tradeoff would be not having the expensive enforcement of the ordinance. IPD has volumes of records, interviews and complaints. It is a very difficult thing to regulate. The meter would give a receipt and there should not be a dispute because the riders know in advance what they are expected to pay. Councilwoman Leary added that it would also solve the problem of zones. Ms. Korherr agreed and explained that the zones currently conflict between the City and the Town; the way they are detailed in the ordinances they are completely different. Tompkins County suggested that the natural areas, such as creeks, be used to separate the zones. They talked about the City being a zone within itself and then spreading the zones out up to the Town edge at that point. A large controversial route is from anywhere in the County to the Airport; the second being anywhere in the County to Cayuga Medical Center. The Town ordinance would take care of the medical center; the airport will still be an issue. There is one cab company that has been given special rights to be the only servicing company to the airport. They have yet to figure out why. Ms. Korherr felt a bigger issue was how they would regulate zones and charges across boundaries. She told the Board that Monroe County is the only County in New York State that actually regulates this county-wide. Mr. Kanter asked Ms. Korherr if the City was going to adopt the Intermunicipal Local Waterfront Revitalization Plan coordinated by the County. Ms. Koerher was not sure when but stated there had been talk of it and it has been an agenda item recently. June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Burbank followed up on the difficulty of different municipal boundaries and asked if there was any attempt to talk with the folks in Lansing to see if there might be a more P**] comprehensive law written. Ms. Korherr thought the gist of it was the interpretation of New i York State Transportation Law where it is very vague. The law says that municipalities can regulate taxi companies that carry less than 20 passengers per vehicle, but it talks about a service that occurs within a municipality and how it needs to be regulated within that municipality. It doesn't speak to whether that is a company or a fare. There needs to be legal interpretation. The City attorney will be working on how the City should proceed. Councilwoman Leary had talked about researching the Town's interpretation of the law and seeing if there was any history. Ms. Valentino thanked Ms. Korherr for coming. Agenda Item No. 5 - Report of Fire Commission (attachment #1 - written report) Bob Romanowski appeared before the Board on behalf of the Fire Commission and read his monthly report. Supervisor Valentino commented that her grandson had been on the Ithaca Fire Department website and noticed that they were not recruiting volunteer firemen. Mr. Romanowski responded that there wasn't a department volunteer recruitment effort, but they are individually doing two things. The first, there are 11 people who are willing to be part of the fire-police program. The individuals are doing their preliminary applications for criminal j—i background checks. Their training will come through the City Police Department and the j | Sheriffs Department to make sure they understand traffic laws, their obligations, and limited authority. There has been a standard operating procedure written for the fire department. The second, the fire department is working on a recovery of funds project, which establishes fines for trespassing; the fines would go to the municipalities. They are working hard to get a training officer. Once there is a training officer, then the volunteer program can start operating again. A big setback is that the department does not have personnel for the training. Supervisor Valentino thanked Mr. Romanowski for his report and asked if any board member had questions. Councilman Burbank saw in the paper that the City was in the process of evaluating the situation in Stewart Park and the possible future of the golf course. Also in the article was the discussion of possibly relocating the training facility for the fire department. He wondered if there had been any discussion of possible sites. Mr. Romanowski explained it has been a sidelight discussion because the question of the golf course is involved. He is sure the Chief has had preliminary discussions with the City Government, but it has not come to the level of the Board of Fire Commissioners at this time. It will have to come to the Board of Fire Commissioners if a decision needs to be made. The Town of Ithaca will have to be involved in it as well. He added that other municipalities and j^! the County use the training facility. It is a well-maintained, efficient, up-to-date training ! | facility. Relocation of it is going to be costly. He personally does not think that the golf course is going to go to anything else but the golf course. The golf course is also on a landfill June 12,2006 Regular Town Board Meeting Approved July 24, 2006 and on some of the occasions when there has been digging to do some repair they have come up with tires, bed springs and everything else. He was not sure you would want to build housing on a landfill area. It is also close to the water line and flooding is a possibility. There are many things to consider. He added that it would also destroy a nature area, especially the walk to the lighthouse. The area is a standard nesting place for many wildlife. Agenda Item No. 8 - Consider Appointment to Fire Commission (Attachment #2 - letter from Robert Romanowski) TB RESOLUTION NO. 2006-125: Recommendation of Appointment to Board of Fire Commissioners. WHEREAS, Robert Romanowski's term on the Ithaca Board of Fire Commissioners as a Town of ithaca representative expires on June 30, 2006; and WHEREAS, Mr. Romanowski wishes to be re-appointed to the said position; and WHEREAS, the appointment to the said position is made by the City of ithaca Common Council based upon a resolution recommending appointment by the Town of ithaca Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby requests and recommends that the City of ithaca Common Council appoint Robert Romanowski as a Town of ithaca representative on the Board of Fire Commissioners for a three-year term commencing July 1, 2006 through June 30, 2009. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Rearranging of Agenda Items Supervisor Valentino added the Tompkins County SPOA monthly report to the correspondence folder. Supervisor Valentino asked to move agenda items 17 and 21 to the end of the agenda, just before consent agenda. The Chair of the Bolton Point Commission and the General Manager are coming to speak to the Board in executive session about the Health Department fees. Ms. Valentino thought it would be good to have all Bolton Point agenda items together so that board members could ask questions of Mr. Newman and Mr. Tunison. The Board agreed to move the items later on the agenda. Councilman Stein asked that agenda item number 28 (appointment of the alternate Zoning Board of Appeals member) be moved into executive session. Ms. Brock explained that the actual appointment needs to happen in open session, and thought the Board might want to June 12,2006 Regular Town Board Meeting Approved July 24, 2006 move that agenda item to after the executive session. Councilman Stein and the board agreed. j ; Agenda Item No. 6 - Persons to be Heard and Board Comments Councilman Engman congratulated Ms. Hunter and everyone who worked on the historical records project. Those who came to the presentation were blown away by the sophistication of the young people who made the presentation. Some of the material is up on the boardroom walls. It was magnificent and the brochure was extremely well done. Councilman Engman was also impressed with the fact that Tee-Ann was able to garner a lot of community support like that of Bill Hecht. He knows Mr. Hecht from other things and did not realize Mr. Hecht had skills in the area of photography and historic preservation. Mr. Hecht must have given a tremendous amount of time. Joe Wetmore from Autumn Leaves allowed some of his original maps to be copied for the project. It really was a community affair and beautifully done. It was a joy to behold. Supervisor Valentino thought it was fun for those who work in Town Hall to see the students come in on a regular basis. The students were very enthusiastic about history and the Town. Councilman Burbank added that he substitute teaches at the high school level and has experience with many, many reports by young people that are far less well-developed and presented. It was really an achievement. One thing he did not realize until after the program was that part of this was digitizing some of the maps and documents and created a new website that is linked to the Town's existing website, which was also done by Mr. Hecht. n Ms. Hunter stated she was very pleased with how well it turned out and thought it came together very well. Councilman Cowie added that the buzz was good. Agenda Item No. 29 - Consider Resolution of Appreciation for Linda Fetherbav and Deborah Kellev Supervisor Valentino stated this Ms. Kelly's help in the Justice Court was a great example of cross training and the willingness of staff to step up and learn new duties. TB RESOLUTION NO. 2006-126: Resolution of Appreciation for Deborah Kellev and Linda Fetherbav WHEREAS, Deborah Kelley, Bookkeeper to the Supervisor, was willing to lend a helping hand to the Court Offices during a serious time of need; and WHEREAS, Deborah's willingness to split her time between her regular accounting duties and the Court Office, allowed the courts to run smoothly and efficiently during the absence of one of the full time Court Clerks; and WHEREAS, without Ms. Kelley's assistance, the Town would have needed to hire temporary help, which would have caused a financial burden to the Town; and WHEREAS, Linda Fetherbay, clerk to Justice Klein, agreed to clerk for Justice Salk as well as Justice Klein during this unplanned emergency; and n June 12,2006 Regular Town Board Meeting Approved July 24, 2006 WHEREAS, Linda welcomed the opportunity to work with Debby for the good of the Town; and WHEREAS, Linda i/i/as more than wiiling to train Debby on the court's computer system and procedures; and WHEREAS, Justice Klein and Justice Salk greatly appreciated the assistance, cooperation, work ethic and exemplary attitudes displayed by Ms. Keiley and Ms. Fetherbay during this time of need; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca, expresses its sincere appreciation and gratitude to Deborah Keiley and Linda Fetherbay for their wHIingness to go above and beyond for the benefit of the Town of Ithaca. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Counciiwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 6 Continued Supervisor Valentino read into the record a letter she had received from Patty Porter: "Hi Cathy. The following letter expresses our heartfelt thank you to you and all the parties who helped with the student noise problems. To save on paper and time, I am asking that you read the letter at the next Town Board meeting. We have also written a letter for the editor section of the Ithaca Joumal. Since I can't be sure it will be printed in its original fonn, I have emailed it to you. Again, thank you. I will always be impressed with the efficiency that this matter was dealt. You supervise a very efficient organization. Patty." The letter: "Dear Members of the Ithaca Town Board and Staff. The neighbors of Ithaca College wish to thank you for listening to ourconcems about the disruptive behavior of some Ithaca College students in our neighborhood. Your immediate action of establishing the South Hill Citizens Committee with Patricia Leary and Pete Stein as co-chairs gave us an effective way to communicate our needs. Their swift action in writing a new noise ordinance i//as remarkable. The entire Board and the Ithaca Town employees were very supportive to us collectively and individually in educating us about the process used to enact a new ordinance. We were extremely pleased with the unanimous vote by the Board on May 8, 2006 to pass the new noise ordinance. We look fonA/ard to seeing a difference in our neighborhood as a result of the new law. The neighbors of Ithaca College will continue to work cooperatively with the Town Board to solve any future issues that may arise. Again, thank you very much. The process has shown us how effective and efficient Ithaca Town govemment can be. Sincerely, Martha Smith and Patty Porter proudly representing all the neighbors of Ithaca College." June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilwoman Leary corrected the letter by stating that Councilman Stein chaired the n committee. | Councilman Stein had a belated board member comment. He thought the number of cases reported on the SPCA's monthly report (7 cases) was small. He asked if the Town supported the SPCA. Ms. Hunter explained that the Town has a $20,000 a year contract with the SPCA. Supervisor Valentino added that they do other things under the contract. She thought it might be worth visiting the cost of the contract. Councilman Burbank remembered that he wanted to give a quick report on the dog enumeration, which is counting the licensed and unlicensed dogs in the Town. The Board created an ad hoc committee of Councilman Burbank, Ms. Hunter, and Ms. Whitmore to look into proceeding with a dog enumeration. They had a productive meeting and realized that it was a complex undertaking. One of the first steps the committee would like to take is to have a meeting with the SPCA and find out more about dog enforcement. They also want to have a meeting with the Town Justices to see how the current fine system is working. A resolution would also be needed to create a penalty structure for failure to comply with the dog enumeration. The 2006 budget includes $5,000 for a dog enumeration. The committee thought it made sense to roll the money over to the 2007 budget and conduct the enumeration in spring 2007. They also would like to have an active educational campaign for the residents. The real goal is not to make money, but to encourage a higher level of compliance with the Town's dog licensing law. ^ I 1 Supervisor Valentino added that the Town used to have a cat contract with the SPCA, but they no longer have a cat contract. Councilman Cowie did not understand why there needed to a counting as opposed to just enforcement. Ms. Hunter explained that it is a house-to-house check to make sure that everyone who has a dog has that dog licensed. Councilwoman Leary wondered how the Town would know someone had a dog. Councilman Burbank explained that the committee was envisioning two people to go door to door in every area where someone could legally have a dog. The person would also note evidence of a dog if the owner was not home, then a note would be left for a follow up. Councilman Engman thought that it was important to add that the purpose is to make sure that all dogs have their shots, othen/vise it is a public health issue. It is not just counting dogs and cats; it's making sure the public health is protected. Ms. Hunter added that the Board also had to realize that the people who are dutiful about licensing their dogs then are able to get in trouble if they do not renew their license. The good guy is putting himself at risk for getting a ticket if he falls to renew his license, whereas the individual who doesn't get a license at all and lives outside the law doesn't run the risk of any consequences. The Town is an agent for the State and is supposed to enforce licensing and the Town really hasn't done anything to enforce it in many years. Councilman Cowie thought that enforcement might be a better avenue. Councilman Stein added that it was enforcement, but wondered if dog enumerations were common. n June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Engman lived in Danby and Newfield and they did censuses on a regular basis. There wasn't a big discussion, it was just automatic. Councilwoman Leary wondered why it wasn't a responsibility of the County Health Department. Ms. Hunter explained that they are not a licensing agent for the State. The Towns are the licensing agents for the State so it falls to them. Councilwoman Leary welcomed Councilwoman Gittelman back to the board. Agenda Item No. 9 - Presentation of Richard Fischer Award Diane Conneman, Conservation Board Chair, appeared before the Board and gave a brief history of the Richard Fischer Award and its recipients. The Conservation Board decided to honor an organization for their work with the 2006 Richard Fischer Award. Warren Almon was present to accept the award on behalf of the Museum of the Earth at the Paleontological Research Institute. The new museum is a great site and building for other developments to model themselves after. Mr. Almon thanked the Town and the Conservation Board for the 2006 Richard Fischer Award. He was very pleased to accept the award on behalf of the Museum of the Earth. Agenda Item No. 18 n Consider Authorization for Grant Application for Purchase of Agricultural Conservation Easement (Attachment #3 - Memo from M. Smith) Councilman Engman explained that the Agricultural Conservation Committee has looked at a couple of potential easement possibilities in the Town and decided that one property might stand a better chance of getting funded if it were to be submitted to the State for funding. If the property were funded, it would be funded 75% by the State and 25% by the Town. The Town has the local contribution for that. The resolution authorizes submitting the grant application. Mr. Kanter added that they have information on the second possible easement. The Board may want to discuss it because the committee would like feedback on whether to pursue the second easement even if it is not done under the grant application. The second possible easement came out very high when the appraisal was complete. They will need to give feedback to the applicant for the property. He thought that they could discuss the second property in executive session. Ms. Brock explained that the SEQR has two actions that the Board is authorizing. First, Town is authorized to file the application and second, the Town is authorized to enter into and execute the agreement should they receive the grant. The second item does commit the Town Board to a course of action. Under SEQR, any approvals the Board gives that commit the Town to a course of action must go through the SEQR process. Ms. Brock proposed that the Board drop the following language from the resolution, "and upon approval of said request to enter into and execute an agreement with the State for such financial assistance to the Town of Ithaca for the agricultural land preservation program." June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Stein asked if there was an advantage to doing the two things at the same time. Mr. Kanter explained that it was just to simplify the process. They could bring it back to the HI Board if they receive the grant. ' j TB RESOLUTION NO. 2006-127: Authorization to Apply for NYS State Grant Through the Farmland Protection Implementation Grants Program WHEREAS, the Town Board has adopted a Park, Recreation and Open Space Plan (December 1997), and said plan identifies the preservation of farmland as an important priority for the Town, and WHEREAS, the Park, Recreation and Open Space Plan proposes a voluntary Purchase of Development Rights (PDR) program to further the goal of preserving farmland, and the Town Board is actively pursuing the implementation of such a program, and WHEREAS, the Town Board has adopted a Policies and Procedures Manual (July 12, 1999, updated March 13, 2006) with specific guidelines and criteria for implementation of the Agricultural Land Preservation Program, and WHEREAS, the New York State Department of Agriculture and Markets has announced the availability of funding through the Farmland Protection Implementation Grants Program for the protection of economicaily viable farmland from development, and WHEREAS, the cost-share ratio for these funds has been established at 75 percent State and 25 percent local, and WHEREAS, the Town has received an application from a farm owner that is interested in participating in the Town's PDR program, with the parcel totaling approximately 42 acres, and WHEREAS, the subject parcel is included as a target parcel and meets the criteria for the PDR program in the above-referenced Policies and Procedures Manual, and WHEREAS, an estimated range of potential acquisition costs for the agricultural conservation easement on this property is up to $250,600.00, and WHEREAS, the 25% local match in funds would be up to $62,350 with an additional $300 in in-kind services, and the Town's Open Space Reserve contains sufficient funds to cover this local match, and WHEREAS, grant applications are due on June 30, 2006, and WHEREAS, the Town of Ithaca Agricultural Land Preservation Advisory Committee met on February 27, 2006, and recommended that an application for a grant for the subject parcel be prepared and submitted by the Town; THEREFORE BE IT RESOLVED, that Catherine Valentino, as Supervisor of the Town of Ithaca, is hereby authorized to file an application for funds from the New York Department of Agriculture and Markets in accordance with the provisions of the Farmland Protection 10 m June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Implementation Grants Program, in an amount not to exceed a total of $250,600.00, which ^ requires the commitment of a local share not to exceed $62,650.00. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 19 - Consider Acceptance of a portion of West Hill Drive (Attachment #4 - Agreement between Overlook at West Hill II LP. and the Town of Ithaca: letter of credit from Bank of America) Mr. Walker explained the resolution before the Board accepts the road for Phase 1b of the Overlook project. Phase la is almost ready for its permanent Certificates of Occupancy. A restriction for the project is that the Town needs to accept the road before building permits are issued. The road has been completed up to the gravel base area, which is a stable roadway. The Geotechnical engineer for the project suggested that heavy traffic be allowed to ride on the road base to compact it throughout the summer. Mr. Noteboom concurred with the suggestion. The applicant has signed an agreement with the Town to complete the road by the end of September. They have also provided the Town with a letter of credit in the /—I amount of $97,000 to cover the cost of completing the road. The applicant was financially responsible in the first phase. Mr. Walker and Mr. Noteboom recommended that the Town Board accept the road. Ms. Brock suggested that a 'Whereas" be added to the resolution stating that a SEQR review was done for the project. Supervisor Valentino read the following language to be added, "Whereas, the Planning Board of the Town of Ithaca has completed an environmental review of this project during the official subdivision and site plan review process, and made a Determination of No Adverse Environmental Impact..." Councilman Engman wondered why the Town should accept the road if it has not been completed to Town specifications. Mr. Walker explained that it is not completed because the crusher run base and the asphalt have not been applied to it. They actually prefer not to have all the asphalt on it during the heavy construction period. By accepting the road now, it allows the applicant to move fonA/ard with the building permits and get the heavy equipment work done and then pave the road afterwards. Councilman Engman concluded that it would result in a better road for the Town. Councilman Stein asked what the difference is between a letter of credit and an escrow account. Mr. Walker explained with an escrow account the Town would actually hold the money in an account in the name of the Town and Developer. With a letter of credit, the : bank is pledging that the developer has the resources and that the Town can draw on those. 11 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Engman noted that there is not a typed name or title for both Overlook and the Bank of America signing the letter of credit and the agreement. He thought that there should n at least be an individual identified with their office. Ms. Brock directed the board's attention to the notary section because it does spell out who the signing parties are. She does agree that the name of the parties should have been printed at the signature line. Mr. Walker assured the Board that he would make sure that there was a printed name under signatures in the future. TB RESOLUTION NO. 2006-128: ACCEPTANCE OF A PORTION OF WEST HILL DRIVE FOR DEDICATION AS A TOWN OF ITHACA ROADWAY. WHEREAS, Overlook at West Hill IILP. (the "Developer") has requested the Town of Ithaca (the "Town") to accept a deed, for the Town Highway purposes, by which the Developer will convey to the Town the parcel of land shown as a proposed Town Right-of- Way on Drawing C301 of the construction Drawings for Overlook at West Hill prepared by TG Miller Engineers and Surveyors and dated 20 December 2004, commencing at Station 7+00 and extending westerly to Station 13+25 with a 60 foot width of the Right-of-way; and WHEREAS, the road to be conveyed has not yet been completed to the Town of Ithaca specification; and WHEREAS, The Developer has constructed the water improvements, sanitary sewer improvements and the storm water facilities to Town of Ithaca specifications, and WHEREAS, The Developer has signed an agreement with the Town to complete the road way by October 30, 2006 and has provided financial security to the Town of Ithaca in the form of a letter of credit in the amount of $97,000 to be held until completion of the road, such amount being sufficient for the Town of Ithaca to complete the road in the event that the Developer defaults, and WHEREAS, the Town Superintendent of Highways has advised the Town Board that said road base has been constructed in accordance with the Town of Ithaca Highway specifications, and WHEREAS, the Town Superintendent of Highways has recommended the acceptance of said parcel for dedication for highway and utility purposes; and WHEREAS, The Planning Board of the Town of Ithaca has completed an environmental review of this project during the official subdivision and site plan review process, and made a Determination of No Adverse Environmental Impact, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby Authorizes the Town Supervisor to execute the road acceptance agreement with the Developer, and be it further n 12 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 RESOLVED, that the Town Board of the Town of Ithaca hereby accepts as public roadway approximately 625 lineal feet of property 60 feet wide to be known as West Hill Drive subject to the conditions of the road acceptance Agreement MOVED: Supervisor Valentino SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, absent; Councilman Engman, aye. Agenda Item No. 20 - Consider Approval of Citv of Ithaca Request for Waiver of Subdivision Fee (Attachment #5 - Letter from City Attorney D.L. Hoffman) In the spirit of intermunlclpal cooperation, Supervisor Valentino thought it would be appropriate for the Town to waive the subdivision fees for the City of Ithaca. This particular application is allowing the City to add more land to the Six Mile Creek watershed. TB RESOLUTION NO. 2006-129: REGARDING A REQUEST BY THE CITY OF ITHACA FOR A WAIVER OF THE PLANNING BOARD APPLfCATION FEE FOR SUBDIVISION APPROVAL FOR A PROPERTY AT 1517 SLATERVILLE ROAD WHEREAS, the Town of Ithaca Town Board has received a request from Daniel L Hoffman, City of Ithaca Attorney, in a letter dated 5/18/06, to waive the $140 application fee for a subdivision of the parcel at 1517 Slaterville Road; and WHEREAS, the City of Ithaca is proposing the subdivision in order to acquire approximately one acre of the above-referenced parcel to incorporate into the Six Mile Creek Natural Area; and WHEREAS, this acquisition would be part of the City's ongoing efforts to enhance the protection of the Six Mile Creek Natural Area; and WHEREAS, Section 153-1 O.B.I4 of the Town of Ithaca Code indicates that zoning, subdivision, SEQRA, ZBA, and development application fees ... "may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver^'; and WHEREAS, the Town of Ithaca Town Board has reviewed and discussed the request for a waiver of the subdivision application fee at its regular meeting on June 12, 2006; now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby finds that in this case, the subdivision and subsequent acquisition of the above-referenced parcel by the City of Ithaca would provide a benefit to the general community; and it is 13 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 FURTHER RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes a waiver of the $140 fee for the City of Ithaca's application to the Planning Board, pursuant to Section 153-1 O.B.I 4 of the Town of Ithaca Code. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Councilman Stein asked what was the logic of waiving the fees because the fees cover Town costs. Supervisor Valentino replied that it doesn't cost the Town anything. Mr. Walker added the fees cover the costs of advertising and processing. Councilman Stein stated that when they share equipment with other municipalities, they make sure the benefit they are giving equals the benefit received. Mr. Walker stated that if the Town needs to get a special permit from the City, they will be asking that the City waive the fee. Agenda Item No. 25 - Consider change in date for Julv Town Board Meeting The board discussed their availability for the month of July. The Board cancelled the July 10, 2006 Town Board meeting and scheduled in its place two meetings. Monday, July 17, 2006 at 5:30 p.m. for administrative tasks and a second meeting on Monday, July 24, 2006 at 5:30 p.m. for the regular board meeting. TB RESOLUTION NO. 2006-130: Reschedulina of Julv Town Board Meeting BE IT RESOLVED, that the Ithaca Town Board reschedules its regular July Town Board meeting from July 10, 2006 to July 24, 2006; and BE IT FURTHER RESOLVED, that the Town Board will hold an additional meeting on July 17, 2006 for administrative tasks. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda item No. 10 - 7:00 p.m. - Public Hearing regarding a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones 14 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 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 be heard, Supervisor Valentino closed the public hearing and brought it back to the board. Agenda Item No. 11 - SEQR - regarding a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones (Attachment #6 - SEQR) TB RESOLUTION NO. 2006-131: SEQR: Proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definition of Hospital and Regarding Permitted Uses in Conservation Zones WHEREAS, this action is the enactment of a local law amending the Zoning Chapter of the Town of Ithaca Code regarding definition of hospital and regarding permitted uses in Conservation Zones; and WHEREAS, said proposed local law would amend the definition of "hospital" and would add hospital as a principal use in Conservation Zones authorized by special permit only. The Conservation Zone currently allows other institutional uses, including schools, libraries, museums, day-care centers, nursery schools, and institutions of higher teaming, all of which are subject to the development restrictions currently enumerated in the Conservation Zone (Chapter 270, Article V of the Town of Ithaca Code); and WHEREAS, this is a Type I action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of the Town of Ithaca Code, for which the Town of Ithaca Town Board is acting as Lead Agency, and is the only Involved Agency, in conducting the environmental review with respect to the enactment of the above-described local law; and WHEREAS, the Town Board, at a public hearing held on June 12, 2006, has reviewed and accepted as adequate the Long Environmental Assessment Form (EAF), Parts I and 2, for this action, prepared by the Town Planning staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information provided in the EAF Part I, and for the reasons set forth in the EAF Part II referenced above, in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. MOVED: Councilman Engman SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. 15 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Agenda Item No. 12 - Consider adoption of a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones (Attachment #7 - Local Law 9 of 2006) TB RESOLUTION NO. 2006-132: Resolution Adopting "A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on June 12, 2006 at 7:00 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Joumal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hail 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, adoption of said local law r is a Type I action for which the Town Board of the Town of Ithaca, acting as lead agency in \ an environmental review with respect to adoption of this local law, has on June 12, 2006 made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long Environmental Assessment Form Parts I and II prepared by the Town's Planning staff; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES", 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 Cowie SECONDED: Councilwoman Gittelman Roll Call Vote: Supervisor Valentino aye T Councilman Burbank aye Councilwoman Gittelman aye Councilman Engman aye 16 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Stein aye Councilwoman Leary aye Councilman Cowie aye Agenda Item No. 7 - Presentation bv Don Barber regarding New York Municipal Insurance Reciprocal Don Barber, Town of Caroline Supervisor, appeared before the board on behalf of the New York Municipal Insurance Reciprocal (NYMIR). He brought with him Neva Keys, Right List Management, who briefly described the history of NYMIR. NYMIR has grown to represent 610 municipalities and $49,000,000 in written premiums. One of their goals is to create stability in insurance rates for budgeting purposes. They provide risk management services tailored to municipalities in New York. NYMIR is aggressive in handling claims and fighting fraudulent and frivolous claims on behalf of their municipalities. Councilman Stein assumed that the reason commercial insurance rates go up and down is because they depend on the loss risk record. He asked how NYMIR could keep rates more stable than commercial insurance underwriters? Mr. Chuck Spaulding, with the Bailey Agency, explained that claims are part of the formula for determining rates, but interest rates also play a role. When interest rates increase, insurance rates are apt to decrease. Insurance companies want to get dollars to invest when rates are high. Interest rates are an important factor. Ms. Keyes stated that NYMIR currently is run by a board of governors and that Don Barber was kind enough to join them. They work closely with the Association of Towns, the conference of Mayors, and the Association of Counties. The board runs the insurance company. Right Risk Management handles the day to day operations. The board governs the companies, from setting the rates to help in developing risk management procedures and policies. Councilman Burbank asked if in joining one would have to pay the current rates and also help capitalize? Ms. Keyes stated that, yes, members have to help capitalize the program as part of joining the group. Most insurance companies resort to stockholders to capitalize their program, whereas NYMIR decided that the members who own the group should pay. It's a fee paid over a five-year period. Councilman Burbank asked if that is based on the total amount of insurance or the size of the town. Ms. Keyes stated it is based on the first year's premiums. It's 40% of the first year's premiums, but it is payable over a five-year period. Those members that join the group and pay the five-year fee in the first year, receive a 10% discount. Councilman Burbank asked if they have any numbers for the Town as against their current package. The representative said, no, because it is too early to tell. Supervisor Valentino asked when they could get a quote. The representative said early fall. Ms. Drake stated she usually starts applications in September. She added that the Town does get a quote every year from NYMIR since the agency bids different insurance companies every year. Supervisor Valentino asked if we are currently under a five-year contract. Ms. Drake reported that the Town is with Ithaca Agency for another 2 years, and 17 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 the Town has been with Selective Insurance for 4 years. They have changed insurance companies in the past. I i Councilman Burbank asked why the Town hadn't gone with NYMIR before. Ms. Drake responded that it has been more expensive. She stated that this year is going to be a different year due to high claims. Ms. Keyes asked how the Town has been received in terms of risk management. Ms. Drake said someone was down this year to discuss claims, since they had 7 claims in 2 days and 5 auto accidents in 6 months. Councilman Stein stated that since this company requires capitalization, you can't go back and forth with other companies. Mr. Barber stated you can go back and forth but you lose your capitalization. Ms. Keyes stated that it is a commitment. Councilman Stein remarked that you can't just look at the quotation for one year, because you have a long commitment. Mr. Barber stated that from the perspective of the NYMIR board, they want the rates to be stable. They train new customers to manage risks, so they have reduced losses. Their re-insurance costs are going to be lower next year. They try to have a combined ratio that is less than one each year, so the company makes a profit. That is one of their goals for Right-risk management, and that extra money goes into reserve for purchasing re-insurance. NYMIR has one of the lowest legal fees of any company in the US, because they do training. They are conservative and building financial strength and they are ^ owned by the members. \ ; j Agenda Item No. 13-7:15 p.m. - Public Hearing - Mandeville Noise Permit Application Supervisor Valentino opened the public hearing at 7:15 p.m. The hearing was posted and published as required. Agenda Item No. 7 continued - Presentation bv Don Barber on New York Municipal Insurance Reciprocal Ms. Keyes continued in order to explain several handouts. Supervisor Valentino noted that NYMIR has been growing and getting more secure. Councilman Stein asked if they wrote insurance for 95% of municipalities. Ms. Keyes, Mr. Barber, and Supervisor Valentino stated 45%. Councilman Cowie asked if the Board voted on what insurance company the Town chooses. Ms. Drake responded that the board voted on that in December. Agenda Item No. 13 continued - 7:15 p.m. - Public Hearing - Mandeville Noise Permit Application Supervisor Valentino stated they have the letter and application from the bride. The fireworks display should last 15 minutes from 10:00 to 10:15. 18 n June 12,2006 Reguieir Town Board Meeting Approved July 24, 2006 Ms. Heather Mandeville noted it would probably be between 9:45 p.m. and 10:00 p.m., as soon as it gets dark. They notified all the neighbors, and Six Mile Creek vineyard spoke to those who would be directly affected, and there was no objection. A note to that effect was given to the Town Clerk. Supervisor Valentino closed the public hearing at 7:22 p.m. and asked for discussion from the board. Councilman Burbank stated they made a strong case, and he supported it. Councilman Cowie asked if it was a professional display. Ms. Mandeville responded yes, they have a certificate of insurance, and it will be done by the same person who does the Ithaca College display. Councilman Stein asked if this was a coming fashion for weddings. Mrs. Vicki Mandeville responded yes. Ms. Brock noted that the resolution should say "during a fifteen minute period between 9:45 p.m. and 10:15 p.m.," to add flexibility. Agenda item No, 14 - Consider issuing Noise Permit for V, Mandeville (Attachment #8 - Permit Application and email) TB RESOLUTION NO. 2006-133: A Noise Permit to Heather Mandeville BE IT RESOLVED, that the Town Board grants the request of Heather Mandeville for a noise permit for fireworks for a 15 minute period between 9:45 p.m. and 10:15 p.m. on June 16, 2006 at the Six Mile Creek Winery. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 23 - Consider Appointment of Ethics Board member Councilman Stein stated that he nominated Diane Campbell. Ms. Hunter noted that she called Ms. Campbell but had not heard back from her. Councilman Stein said she told him she was fine with it. 19 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 TB RESOLUTION NO. 2006-134: Appointment of Ethics Board Member BE IT RESOLVED, that the following individual be appointed to serve on the Ethics Board to ' fill the term expiring December 31, 2008: Diane Campbell MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Supervisor Valentino reported that people had been asking about the shared services and consolidation discussion with the City of Ithaca. Mayor Peterson contacted Supervisor Valentino and asked who would serve with her to be on the nominating committee for the group to do the research. Mayor Peterson appointed Mary Tomlin and Supervisor Valentino asked Councilman Stein to serve with her, and he agreed. Councilwoman Leary asked if the board had to appoint Councilman Stein and Supervisor Valentino responded that it was her appointment. ^ I j Agenda Item No. 24 - Consider Adopting 2007 Peqasvs Access Studio Capital Budget (Attachment #9 - budget) Councilman Burbank introduced the Pegasys Budget and the resolution adopting the budget. They are required to go to participating municipalities every year to approve the budget. They spend $20,000 a year. Supervisor Valentino asked If there are changes to be made. The board discussed using the term PEGASYS or PEG Access. They decided to make the documentation consistent using the term PEGASYS. TB RESOLUTION NO. 2006-135: RESOLUTION ADOPTING 2007 PEGASYS STUDIO CAPITAL BUDGET WHEREAS, the Franchise Agreement between Time Wamer Entertainment and the Town of Ithaca, effective 5/29/03, authorizes Time Warner Entertainment to collect $0.15 per subscriber per month to be used for the purchase of equipment for the PEGASYS; and WHEREAS, the Town of Ithaca is a member of the PEGASYS Access Oversight Committee, which was created by the City of Ithaca to deal with a variety of matters related to public access, including making recommendations regarding the amount of PEGASYS equipment to be acquired each year over the term of the City's franchise agreement with Time Warner Entertainment; and 20 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 WHEREAS, the PEGASYS Access Oversight Committee has been charged with the duty of making a recommendation regarding the annual budget and facilities for the coming year, to be approved by participating municipalities by June 30 of the current year; and WHEREAS, the total capital budget for the life of the ten-year agreement was estimated to be $200,000 and the working practice has been to divide the capital budget into allotments of approximately $20,000/year; and WHEREAS, the Access Oversight Committee has approved a 2007 capital budget in the amount of $20,468.80 as shown on the attached document titled "2007 Access Capital Budget"; 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 capital budget 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 adoption of this capital budget is not subject to review under SEQRA, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Town Board adopts the attached 2007 PEGASYS Studio Capital Budget as approved by the Access Oversight Committee. MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Councilman Burbank stated that in August he would ask someone to come and give a quick introduction to what they are funding through Public Access, and possibly doing some meetings or other efforts through Cable Access. Mr. Noteboom asked how many subscribers they had. Councilman Burbank said he is not sure at the moment but he can find out. Agenda Item No. 15-7:30 p.m. - Public Hearing - Ithaca Communitv Fireworks Noise Permit Application f Attachment #10 - permit application) Supervisor Valentino opened the public hearing at 7:30 p.m. The hearing was posted and published as required. Supervisor Valentino stated that the Board has the permit application, and that these fireworks have been done for many years. She asked if anyone from the public wished to 21 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 speak. There being no one, she closed the public hearing at 7:34 p.m., and returned the matter to the Town Board. Fran Benedict appeared before the Board on behalf of the Ithaca Community Fireworks. Ms. Brock proposed that the resolution should include a rain date contingency, by adding "...and if the fireworks are delayed because of rain, on July 5*^ 2006, from 9:45 p.m. to 10:15 p.m. at Ithaca College." Agenda Item No. 16 - Consider Issuing Noise Permit for Ithaca Community Fireworks TB RESOLUTION NO. 2006'136: A Noise Permit for Ithaca Community Fireworks BE IT RESOLVED, that the Town Board of the Town of Ithaca grants the request of the Ithaca Community Fireworks Show for a noise permit for fireworks on July 3, 2006 from 9:45 p.m. to 10:15 p.m. at Ithaca College and if the fireworks are delayed because of rain, on July 5, 2006 from 9:45 p.m. to 10:15 p.m. at Ithaca College. MOVED: Supervisor Valentino SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; ^ Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman i i Engman, aye. 1 Agenda Item No. 27 - Consider amending Town Board resolution regarding the appointment of alternate Zoning Board of Appeals member Supervisor Valentino stated that they ended up with two candidates, and that the general legislation from Chapter 270 said that "there may be appointed additionally up to two alternate members of the Zoning Board of Appeals," and the resolution only allowed for one alternate member. Ms. Brock stated that the resolution was in conflict with the legislation, and that the legislation cannot be changed just by resolution. Supervisor Valentino asked Kirk Sigel to address the board on this matter. Mr. Sigel, Chairperson of the Town of Ithaca Zoning Board of Appeals, stated that it would be helpful to appoint both applicants because previous postings have not brought a lot of interest, and that some board members might like to retire in the next 3 years. Supervisor Valentino asked if there was any reason not to consider appointing two candidates if the opportunity presented itself. Councilman Stein noted that they could, because they must follow the Law. Supervisor Valentino stated that it would be cleaner when people look at the resolution, and she thinks 22 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 the board should make the resolution consistent with the law. Ms. Brock then suggested the process by which they might change the resolution. The board discussed the proposal to make references to "member" read "member or members." Councilman Engman stated for the record that he sees no conflict of law. The state law says you can appoint up to two, in the past the board had said they will appoint one. That is within the law, since it is up to two, meaning zero, one or two. He sees no conflict, he has no objection to expanding it to two. Ms. Brock stated that she does think the conflict exists between the possibility of appointing two, and then limiting that to one. Councilman Engman argued that you can have up to two, not that you must have two people. Councilwoman Leary asked if it was the position of the board with the resolution to only appoint one alternate member. Supervisor Valentino said that that was the intention of that board, and now this board is wondering why. TB RESOLUTION NO. 2006-137: Procedures and Requirements Related to the Appointment and Service of Alternate Zoning Board of Appeals Members WHEREAS, pursuant to Code of the Town of Ithaca, Chapter 270 section 235 (A) (1) and New York State Town Law Section 267 (11) (a), the Town Board may appoint up to two alternate members to the Board of Zoning Appeals to serve for a term established by the Town Board; and WHEREAS, the chairman of the Zoning Board of Appeals has requested the Town Board consider approving appointing altemate members to the Zoning Board of Appeals and WHEREAS, the Town Board has discussed the request and believes such an appointment would be in the best interests of the Board of Appeals and the citizens of the Town if appointed under the terms set forth below; NOW, THEREFORE BE IT RESOLVED, that, until otherwise determined by this Board, the Town Board make appointments of altemate Zoning Board Appeals members in accordance with the following procedures and requirements: 1. The altemate member or members would be required to attend a minimum of two meetings following or preceding appointment to understand the process and thereafter to attend at least four meetings per year. 2. The altemate member or members would be required to attend the same training as may be required of regular members. ^ 3. The altemate member or members would be paid for all meetings attended whether or not his presence is necessary for voting purposes. 4. The altemate member or members could attend meetings even if not needed, but would not be able to vote. 23 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 5. Alternate members would serve for a term of up to one year ending December 31 each year. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-138: Entering Executive Session BE IT RESOLVED, that the Town Board of the Town of Ithaca enters into executive session at 7:50 p.m. to discuss a matter leading to the appointment of a particular person. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-139: Returning to Open Session BE IT RESOLVED, that the Town Board of the Town of Ithaca retums to open session at 8:20 p.m. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 28 - Consider appointment of Alternate Zoning Board of Appeals member(s) Supervisor Valentino moved that the Town Board appoint the two candidates that have expressed a desire to be alternates on the Zoning Board of Appeals. Councilwoman Gittelman seconded the motion. Councilman Stein introduced a substitute motion that the board only appoint one candidate. Councilman Engman seconded the substitute motion. 24 ry June 12,2006 Regular Town Board Meeting Approved July 24, 2006 TB RESOLUTION NO. 2006-140: Appointina One Candidate to the Position of Alternate Zoning Board of Appeals Member BE IT RESOLVED, that the Town Board of the Town of Ithaca appoints one candidate that has expressed a desire to be an alternate on the Zoning Board of Appeals. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, nay; Councilman Burbank, nay Councilwoman Gittelman, nay; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, nay; Councilwoman Leary, nay. MOTION FAILED TB RESOLUTION NO. 2006-141: Appointing Two Candidates to the Positions of Alternate Zoning Board of Appeals Members BE IT RESOLVED, that the Town Board of the Town of Ithaca appoint the two candidates that have expressed a desire to be the altemates on the Zoning Board of Appeals: Eric Levine David Mountin MOVED: Supervisor Valentino SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 22 n Consider Approval of the Tompklns County Council of Governments interim bylaws and appointments to the council Supervisor Valentino stated that the County has been having municipal officials' meetings for two years, and exhausted that venue. They heard about the Council of Governments model, and invited a representative to speak to the Tompkins County group. Before the board are interim working rules to get more people from each municipality involved in discussing the issues. They are currently discussing a health insurance consortium. She stated there is ^ grant money available to explore that consortium as well as for intermunicipal cooperation. The county has agreed to try and secure those grants. They would like to be able to show an organizational structure where at least six municipalities become part of the organization. Ms. Brock did make some changes to the rules as outlined in red on the resolution. Supervisor Valentino agrees with those changes. 25 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Engman was concerned with the wording about who appoints what in what situation, and it is clear in this situation that the Town Board appoints the person. He j > suggested that the board amend the by-laws and send it back to the group. He proposed new wording that members will be named by the appointing authority in each of these places. Supervisor Valentino responded that these are interim by-laws and they wanted Mayors and Supervisors to get things up and running. She would support Councilman Engman's suggestion when they make final by-laws, but she does not believe it should be changed at this point. Ms. Brock stated that the Town Board would not abdicate it's appointing authority, and that by approving the by-laws the board names who is appointed. She noted that section 4B refers to official by-laws being approved by member local governments. Councilman Cowie asked why not make Councilman Engman's suggestion now, and Supervisor Valentino responded that this document is before everyone in the county right now. Councilman Stein stated that if the board thinks it is the right way to go, they ought to pass the amendment and send it on to the other municipalities in the group. Councilwoman Leary suggested that the Town take the lead in pointing out this oversight, and make the correction now. TB RESOLUTION NO. 2006-142: Amendments to the Tomokins County Council of Governments Interim Bylaws BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby amends Article III. Membership, Section A. Member of the Interim Bylaws of the Tompkins County Council of Govemments as presented by adding the words "a person named by the appointing authority" after the words "represented on the Council by" and striking the words "the chief elected official (or his/her designee)", so that the section reads: Member: Each member local govemment will be represented on the Council by a person named by the appointing authority from each: city (1), county (1), town (9) and village (5). Membership shall be contingent upon the adoption of these Bylaws by the goveming body of the municipality. All other elected officials are welcome to attend and participate in the discussions. BE IT FURTHER RESCLVED, that the Town Board of the Town of Ithaca hereby amends Article III. Membership, Section B. Altemate Member Representative of the Interim Bylaws of the Tompkins County Council of Govemments as presented by striking the words "chief elected official" after the words "to attend if the" and adding the word "appointee" in their place, so that the section reads: 26 n June 12, 2006 Regular Town Board Meeting Approved July 24, 2006 B. Alternate Member Representative: Each municipality shall designate an alternate member representative to attend if the appointee is unable to attend. MOVED: Councilman Engman SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; CouncHwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. IB RESOLUTION NO. 2006-143: Approval of the Tomokins County Council of Governments (TCCOG) Interim Bylaws as Amended BE IT RESOLVED, that the Town Board of the Town of Ithaca approves the Interim Bylaws of the Tompkins County Council of Govemments: Council of Governments Interim Bylaws I. Name The name of the organization shall be the Tompkins County Council of Govemments (TCCOG). Purpose The TCCOG is an association of local governments organized to provide a forum for discussion and negotiation leading to agreements for more efficient and fiscally responsible delivery of government services. The goals include: expanding cooperation among taxing entities and resolving duplication of services; improving communication among local governments in Tompkins County; improving involvement with School Districts; and, as an initial focus, reviewing the opportunity for a municipal health insurance consortium. The TCCOG may seek, allocate, and administer appropriate funding from local, state, federal, and private sources, including various grants, to support the accomplishment of the goals. The TCCOG shall comply with the fiscal requirements of Article 5-G of the New York General Municipal Law, including those related to approval of budgets by member governments, custody of money by a fiscal officer of a member government, and payment of money upon audit of claims. Membership Member: Each member local government will be represented on the Council by a person named by the appointing authority from each: city (1), county (1), town (9) and 27 p June 12,2006 Regular Town Board Meeting Approved July 24, 2006 village (5). Membership shall be contingent upon the adoption of these Bylaws by the governing body of the municipality. All other elected officials are welcome to attend and participate in the discussions. Alternate Member Representative: Each municipality shall designate an alternate member representative to attend if the appointee is unable to attend. Voting: Each constituent member shall have one (1) vote. Decisions are based on a majority vote of those present at the meeting. No municipality would be bound to participate in the majority decision of the Council. IV. Officers The officers of the TCCOG will be the Chair and Vice Chair. Nomination Officers will be nominated by the TCCOG from among member representatives present at the organizational meeting and approved by a majority vote of those present. f—^ Term ' _ Officers will be elected for a one-year term, or until official bylaws are approved by the member local governments. Vacancies Should a vacancy occur in any office of the TCCOG, the Council will accept nominations for the replacement from among its member representatives and approved by a majority vote of those present. A vacancy occurs only upon the receipt, by the Chair, of a letter of resignation . Duties The officers of the TCCOG shall undertake the duties commonly associated with these positions. The Chair shall set agendas and preside over Council meetings. In the absence of the Chair, the Vice Chair shall preside. Support to the Council The County Administrator will continue to provide support and assistance to the Council. The County will provide staff supports to take minutes and send out agendas and draft minutes. 28 n June 12,2006 Regular Town Board Meeting Approved July 24, 2006 V. Meetings Meetings will be held monthly at an established date and time. Meetings shall be open to the public. Upon the acceptance of these Interim Bylaws by at least 6 of the municipalities, there will be scheduled an organizational meeting of the Council. At the Organizational Meeting the Chair and Vice Chair will be elected. A. Quorum A quorum shall consist of a majority of the whole membership. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-144: Appointment to the Tompkins County Council of Governments (TCCOG^ BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Cathy Valentino as the designee of the Town of Ithaca to the Tompkins County Council of Govemments. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Councilman Engman moved to appoint Will Burbank as the Town's alternate to the Tompkins County Council of Governments. The motion was not seconded. Supervisor Valentino responded that both Councilwoman Leary and Councilman Stein have been attending the meetings, and maybe they would like to be the alternate. The council also has not set their meeting schedule. The board decided to wait to appoint an alternate until they know what the meeting schedule is. Councilman Engman withdrew his motion. Agenda Item No. 26 - Consider Approval of Procedures for Town Board Meeting Agendas 29 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Supervisor Valentino read the following statement regarding this item: I have reviewed the proposed changes to the board's procedures manual, requiring, in effect, two people to determine the agenda for each Town Board meeting. I am concerned and disappointed by the proposal as it seems to me it is an affront, not only to the Town supervisor, but also to the very good and hard-working people on the Town staff. The proposal, it seems to me, is totally out of touch with the way the agenda for the Town Board is developed. For as long as I have been Town Supervisor, and even before, the agenda for the Town Board meeting has been developed by the Town supervisor, with the understanding that agenda items will be added at Town Board meetings by vote of the Town Board members and removed by a similar. The process has been in place for a long time, and as long as I have been associated with the Town. Since I have been supervisor, the development of the agenda has been a shared process involving the Town staff at staff meetings at which any Town Board member may be present, or by request from staff members or other Town Board members. This has been a process that has worked well and efficiently for the handling of the Town's business. There is an old adage, "if it ain't broke, don't fix it," which is shorthand for the thought that sometimes more damage is done to a situation by well-meaning tinkering. In this case the adage is particularly appropriate. Before elaborating on this though, let me attempt to educate those of you who are determined to change our long-standing process for the manner in which most items are brought to the Town Board for action. Aside from budgetary matters, which are governed in large part by the budget provisions of New York State Town Law, almost all other matters come to you for decision as a result of Town's interaction with other entities, private, public and personal. Almost all of these matters involve our staff in one degree or another. For example, tonight we are asked to accept roads related to the Overlook Project. Before it is appropriate for this board to act, our Highway Superintendent must review and inspect the roads and determine whether they are physically ready for acceptance. Likewise, our Town Engineer also inspects the roads to confirm whether they are constructed in accordance with the design requirements as well as our highway specifications. Only after these folks find the roads to be ready for your consideration, is the acceptance matter placed on the agenda. Similarly, many matters involving the Planning Board, our Planning staff interacts at considerable length for submission to the board. Thus, at the staff meetings, a list of tentative agenda matters prepared by the Town Clerk, based upon requests from staff and the public. Town Board members and other governmental agencies, such as the Southern Cayuga Lake Intermunicipal Water Commission, are discussed by all of the staff and the Town Supervisor. Determinations are made as to whether the particular matter is ready for Town Board consideration. Many times, matters are deferred to a later meeting, because not enough information is available, or because further action needs to be taken on the matter before it is appropriate for the Town Board to consider. Sometimes, when the agenda is extensive, out of consideration for the Town Board and a desire to not unduly burden the board with extremely long meetings, a matter that is not time-sensitive will be deferred until a later meeting with fewer action items and more available time for discussion and decision. Sometimes, when an upcoming meeting is deluged with matters, a prioritization occurs at the staff meeting, with some suggested agendas being slated for later meetings, to provide ample time to discuss and made decisions on the more pressing matters. In all instances, we have attempted to honor 30 n June 12,2006 Regular Town Board Meeting Approved July 24, 2006 requests from Town Board members to include specific items on the agenda. There have been many occasions when an item suggested by a Town Board member has been removed from the agenda, but in virtually all instances of such removal, I have attempted to speak personally with the Town Board member to get his or her consent on such removal, and to explain the reasons for wanting to defer the submission of the matter at a later meeting. And as I stated at the May meeting, I will no... I will never remove an agenda, and item agenda that a board member has requested without having a written consent to do so. The process is a collaborative one, involving not only the Town Supervisor, but also the staff as a whole, who are often the originators of the matter that needs to be considered by the board. As stated above, the meetings at which these agenda discussions occur are often open to board members, at which time, a board member may express his or her opinion on the inclusion or exclusion of any agenda item. And I assure you that these opinions have been and will continue to be heard and considered in formulating the agenda, regardless of whether the proposal brought forward at tonight's meeting is adopted or not. Agenda items are also driven by negotiations between the Town and other entities. Since the Supervisor is, in essence, the chief executive officer of the Town, and in that role, an active participant in the conduct of Town's business with other municipalities, such as SCLIWC and the City of Ithaca, thus frequently, the Town Board members most knowledgeable about these items provide needed attention for the Town Board. Attempted division of the historical role of the supervisor in formulating the agenda makes little sense. The Town Board has always had and still had, the right to require, by majority vote, the addition or elimination of agenda items at the Town Board meeting, and indeed exercised its right in this regard just a month ago. I submit that trying to create another position to, in effect, oversee the extensive comprehensive work done in creating the agenda by the Town Clerk, the Town Supervisor, and the staff, is unnecessary. It is insulting that a determination is being made that the Town staff and the Supervisor are incapable of properly providing the board with an agenda, notwithstanding that we have been doing so without any problems, that we have been made aware of, for over ten and a half years. Councilman Engman moved the following resolution: TB RESOLUTION NO. 2006'145a: RESOLUTION TO AMEND BOARD PROTOCOL AND PROCEDURES MANUAL REGARDING TOWN BOARD AGENDAS WHEREAS, the Town Board approved and adopted the Board Protocol and Procedures Manual for the Town Board (except the appendices) on March 13, 2006, and WHEREAS, the Town Board approved and adopted the appendices for the Board Protocol and Procedures Manual on May 8, 2006, and WHEREAS, the Town Board wishes to amend Section 4.7 of the Board Protocol and Procedures Manual to clarify and add provisions regarding the Town Board agenda, 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 these amendments to the Board Protocol and Procedures Manual are a Type II action because they constitute "routine or continuing agency administration and 31 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 management, not including new programs or major reordering of priorities that may affect the environment," and thus these amendments are not subject to review under SEQRA, I THEREFORE BE IT RESOLVED, that the Town Board amends Section 4.07 of the Board Protocol and Procedures Manual by approving and adopting the amendments shown on the attached page. MOVED: Councilman Engman SECONDED: Councilman Burbank NO VOTE TAKEN Councilman Engman explained that he no longer supports the motion he made, because he made it too complex. The board has ascertained that it is the Town Board that has the responsibility for setting the agenda. He wants to involve the Town Board more in creating the agenda. At the SAC meeting, there was a willingness to re-schedule one of the meetings for board members to be able to attend. Councilman Stein introduced a substitute motion to the motion on the floor: WHEREAS, New York State Municipal Law gives to the Town Board the responsibility of setting the agenda for Town Board meetings, and 1 WHEREAS, it is cumbersome and inefficient for the Town Board to carry out that responsibility as a board, and WHEREAS, the Town Board has established certain practices to be observed in the agenda setting procedure, then BE IT RESOLVED that the Town Board will designate one of its seven members, to act for the Board to carry out its Joint responsibility for setting the Town Board agenda, and BE IT FURTHER RESOLVED that the designated member will be selected by vote of the Town Board immediately following the adoption of this resolution, and BE IT FURTHER RESOLVED that a motion to change the designated member will be in order at any regular or special Town Board meeting, and BE IT FURTHER RESOLVED that the designated member will adhere to the agenda setting procedures of the Policies and Procedures manual. Councilman Stein explained that these motions may never have been made had it not been for the e-mails circulated by the Town Clerk and Town Supervisor after the last meeting. He and other members of the board were no longer content with the way the agenda had been ^ made. 1 32 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Supervisor Valentino noted that it is her understanding that the motion outlines the board's obligation under the law. Councilman Stein did not think that the board had ever appointed anyone to do this work. Supervisor Valentino agreed and noted that when the board designates one person, the board will have a clear understanding of who will coordinate that business. Councilwoman Leary wondered whether Supervisor Valentino favored the procedure that was in place before the Policies and Procedures Manual specified that a Town Board member can put an item on the agenda before a board meeting. Supervisor Valentino responded that she did not have a problem with the Policies and Procedures Manual. She wanted to clarify who is going to be in charge. She is willing to be in charge, and if she has failed in that responsibility, she is willing to take the disapproval of the board. Anyone who is designated gets the chance to correct that. She has no problem with Councilman Stein's resolution. Councilman Stein moved to substitute his motion for Councilman Engman's motion. Supervisor Valentino seconded the motion. No vote was taken on the motion at this time. Ms. Hunter expressed her concerns with the motion made by Councilman Engman to amend the Policies and Procedures Manual. Several board members noted that they are dealing with Councilman Stein's substitute motion and therefore not Councilman Engman's motion. They made clear that the substitute motion would adhere to the Policies and Procedures Manual as written without the amendments proposed by Councilman Engman. Councilman Cowie stated that the problem with agenda setting procedure is not failure, but that the process is too polished and refined. He thinks that involvement is key, and he feels like they are almost rubber-stamping things. The agenda is too routinized so that it is not democratic enough. Supervisor Valentino noted that the previous board wanted it that way, and she was proceeding that way. She finds this dialogue good. They have been trying harder to get information out. It has not been the intent of the herself and the staff to take away the democratic process. Councilman Stein moved to end debate on the matter. TB RESOLUTION NO. 2006'145b: To End Debate on the Substitute Motion Regarding Agenda Setting Procedures BE IT RESOLVED that the Town Board of the Town of Ithaca ends debate on the matter of the substitute motion regarding agenda setting procedures. MOVED: Councilman Stein SECONDED: None needed 33 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-145c: To Substitute Motion Read bv Councilman Stein in Place of Resolution to Amend Board Protocol and Procedures Manual Regarding Town Board Agendas BE IT RESOLVED that the Town Board of the Town of Ithaca hereby substitutes the motion read by Councilman Stein in place of TB Resolution No. 145a: Resolution to Amend Board Protocol and Procedures Manual Regarding Town Board Agendas. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-145d: Adoption of Motion Read bv Councilman Stein in Place of Resolution to Amend Board Protocol and Procedures Manual Regarding Town Board Agendas WHEREAS, New York State Municipal Law gives to the Town Board the responsibility of setting the agenda for Town Board meetings, and WHEREAS, it is cumbersome and inefficient for the Town Board to carry out that responsibility as a board, and WHEREAS, the Town Board has established certain practices to be observed in the agenda setting procedure, then BE IT RESOLVED that the Town Board will designate one of its seven members, to act for the Board to carry out its joint responsibility for setting the Town Board agenda, and BE IT FURTHER RESOLVED that the designated member will be selected by vote of the Town Board immediately following the adoption of this resolution, and BE IT FURTHER RESOLVED that a motion to change the designated member will be in order at any regular or special Town Board meeting, and BE IT FURTHER RESOLVED that the designated member will adhere to the agenda setting procedures of the Policies and Procedures manual. MOVED: Councilman Stein SECONDED: Supervisor Valentino 34 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Councilman Stein nominated Councilman Engman as the designated Town Board member directed by IB Resolution No. 2006-145d. Councilman Cowie seconded the motion. No vote is taken at this time. Councilman Engman stated he is not looking for more work, but this would be enjoyable. He is willing to do this if it will provide clarity and get the board more involved. Supervisor Valentino expressed that she will not accept any agenda-setting tasks, as this will become Councilman Engman's responsibility. Councilman Stein responded that Councilman Engman still must rely on the staff and Supervisor Valentino to put on the agenda those things that are the personal knowledge of the Supervisor. Supervisor Valentino noted that she will tell Councilman Engman about anything she wants on the agenda. Councilman Engman stated his assumption that the Town Clerk will continue in her duties as she does it now. Ms. Hunter responded that currently she works with Supervisor Valentino and will work with Councilman Engman to develop the agenda. Councilman Engman will need to be in touch with her so they can get an agenda out to the Town Board in a timely fashion. Councilman Engman said that they have to try something and if it doesn't work the Town Board can remove him and appoint someone else. Councilman Burbank stated that he felt the collaborative model originally proposed made sense. He had hoped that a second board member involved in the agenda-setting process with Supervisor Valentino would have avoided the problems of the last meeting. He hoped that they will all try to make this work and adjust if it doesn't work. TB RESOLUTION NO. 2006'146a: Motion to Call the Question on ADDointina Councilman Enaman as Designated Town Board Member to Set the Town Board Agenda BE IT RESOLVED that the Town Board of the Town of Ithaca hereby ends discussion on the motion to appoint Councilman Engman to act for the board to carry out its Joint responsibility for setting the Town Board agenda. MOVED: Councilman Stein SECONDED: None needed VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. 35 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 TB RESOLUTION NO. 2006-146b: Motion to Appoint Councilman Enaman as Designated Town Board Member to Set the Town Board Agenda rH BE IT RESOLVED that the Town Board of the Town of Ithaca herby designates Councilman Engman to act for the board to cany out its joint responsibility for setting the Town Board agenda. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, abstain; Councilman Burbank, aye; Councilwoman Gittelman, nay; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 17 - Consider SEQR and Approval of Change in Southern Cavuqa Lake Water Commission Agreement (Attachment #11 - SEQR) Supervisor Valentino introduced Paul Tunison and Mike Newman from the Bolton Point water facility. She asked Town Engineer Dan Walker to begin. n Supervisor Valentino excused herself from the meeting at 9:15 p.m. and asked Deputy Supervisor Burbank to continue the meeting. Mr. Walker reported that the Town received a request to provide water to a customer adjoining the Town of Ithaca. A previous Town Engineer built the water line up to that property, and Town Law allows for the Town to provide service to an adjoining customer if there is no water district available. A letter from the Supervisor of the Town of Ulysses included in the board packet confirms that there is no water district available. The agreement with Bolton Point should be amended to allow for the Town of Ithaca to provide service to residents outside the Town's boundaries with review and approval by the Commission. He further explained the proposed amendment to the agreement. Mr. Tunison stated that the agreement was approved by the Town of Lansing, the Village of Lansing, and that the Town of Dryden considered it last Thursday, and he understands that they approved it. Mr. Walker stated that the first part is to amend the first agreement made in 1976 to allow for going to the commission without amending the agreement again. Mr. Tunison stated that Schedule A would still have to be amended by going to the five municipalities. Mr. Walker explained the SEQR form on the table. He recommended that it will not have an adverse impact. Mr. Kanter stated that the only reason they often make a separate resolution for the SEQR is so it is easier to find in the future. Ms. Brock is comfortable with separating that resolution. Councilman Cowie asked if there are precedents that would be set that they don't want to set. Mr. Walker stated that the board has approved providing water to two districts in Ulysses that 36 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 adjoin the Town of Ithaca, one of which they benefited from. Both districts were within the capacity of Bolton Point. Any additional service would have to be reviewed to see if the system could handle it. There are extensions in the Town of Lansing. Councilman Engman stated that he had been concerned it would inadvertently increase development in unintended places, but he no longer had that concern. Ms. Brock made several changes, reflected below, to the resolution to make it applicable to approving the SEQR for the amendment. TB RESOLUTION NO. 2006 - 147: SEQR: Amendment to Southern Cavuaa Lake Intermunicipal Water Commission Agreement WHEREAS The Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) has had requests from its municipal members to provide water outside municipal boundaries, and WHEREAS, the original SCLIWC agreement made no provision for members to sell water outside of the Municipal Boundaries, and WHEREAS, the SCLIWC has determined that the sale of water outside of municipal boundaries is acceptable with approval from the member municipalities, and ^ WHEREAS the Commissioners of SCLIWC have agreed to amend the municipal agreement to allow this and have provided an amendment to the agreement, and WHEREAS the amendment includes approval of the agreement listed in Schedule C, which is an agreement between the Town of Ithaca and the Evans Family Trust, and WHEREAS, The Town Board has reviewed a SEAF for this approval action prepared by Daniel Walker P. E., the Town of Ithaca Director of Engineering, Now therefore be it RESOLVED that the Town Board of the Town of Ithaca makes a negative determination of environmental significance based on the information provided in the SEAF Part I and for the reasons set forth in the SEAF Part II referenced above in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code, the above referenced action is proposed and therefore, an Environmental Impact Statement will not be required. MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. 37 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 TB RESOLUTION NO. 2006 - 148: Approval of amendment to Southern Cavuaa Lake Intermunicipal Water Commission Agreement (Attachment #12 - draft amendment) ! i WHEREAS The Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) has had requests from its municipal members to provide water outside municipal boundaries, and WHEREAS, the original SCLIWC agreement made no provision for members to sell water outside of the Municipal Boundaries, and WHEREAS, the SCLIWC has determined that the sale of water outside of municipal boundaries is acceptable with approval from the member municipalities, and WHEREAS the Commissioners of SCLIWC have agreed to amend the municipal agreement to allow this and have provided an amendment to the agreement, and WHEREAS the amendment includes approval of the agreement listed in Schedule C, which is an agreement between the Town of Ithaca and the Evans Family Trust, and WHEREAS, The Town Board has reviewed a SEAF for this approval action and made a negative determination of Environmental Significance at its June 12, 2006 meeting. Now therefore be it RESOLVED that the Town Board of the Town of Ithaca approves this amendment to the municipal agreement, including the Town's agreement with the Evans Family Trust listed in Schedule C, and authorizes the Town Board Members to execute the amendment to the agreement and the Town Supervisor to execute the agreement with the Evans Family Trust. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No, 21 - Consider Approval of Stipulation and Settlement Agreement regarding Crossmore Litigation (Attachment #13 - supporting materials re Crossmore V. Town of Ithaca et At.) Mr. Walker outlined what the board has in front of them. He reported that the Commission committed to building Bolton Road 39 years ago, and the property has changed hands several times. The agreement says they will build the road in a different location and it will be done in two years or the commission will pay $600,000 to settle any claims. Councilman Burbank stated his presumption that the cost of the road would be $600,000. Mr. Walker stated they may be able to build the road for less than that, but he can't guarantee that. The commission may use road-building resources within the Town of Lansing and the Village of Lansing. More likely is that the road would be put out for a construction contract. 38 n n June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Stein asked if the board had to do this. Mr. Walker stated they are committed to doing this by the original agreement that gives them water from Bolton Point. Councilman Burbank stated that the commission's attorney has come up with this agreement, and the Town board has to agree as a partner or not. Mr. Tunison stated this is before the other four municipal boards this month. So far the Town of Dryden has had a meeting to consider it. The indication is that the other municipalities will approve it. The commission has reserves for the $600,000. Councilman Stein asked if there are any alternatives to voting yes. Mr. Walker stated the agreement has been worked out to prevent a lawsuit. Mr. Newman stated there was a lawsuit initiated, and this is a result of mandatory mediation. Councilman Engman noted that he didn't understand before why there were references to a right of way owned by the Town of Ithaca and Supervisor Valentino told him it was referencing the Town of Ithaca acting on behalf of the commission. Mr. Walker stated the commission does not have legal standing, and that comes through its municipal members. The Town of Ithaca was the largest member at the beginning and the host agency, and that all member municipalities have equal liability. Ms. Brock stated that the resolution would be for the Town Board to authorize the Town Supervisor to execute the stipulation and settlement agreement. TB RESOLUTION NO. 2006 - 149: Acceptance of Crossmore Stipulation and Settlement Agreement. BE IT RESOLVED that the Town Board of the Town of Ithaca accepts the stipulation and settlement agreement and authorizes the Town Supervisor to sign that document on behalf of the Town. MOVED: Councilwoman Gittelman SECONDED: Councilman Stein VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda Item No. 30 - Consent Agenda A few minor typographical corrections were made to the minutes of last month's meeting. TB RESOLUTION NO. 2006-150: Consent Agenda Items. BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented. 39 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-150a: Town Board Minutes of May 8. 2006 WHEREAS, the Town Clerk has presented the minutes for a Regular Town Board meeting held on May 8, 2006 to the goveming Town Board for their review and approval of filing; now therefore be it RESOLVED, the Town Board does hereby approve for filing the minutes for the meeting held May 8, 2006 as presented at the June 12, 2006 board meeting. MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006- 150b: Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 2142-2266 General Fund Townwide $111,859.87 General Fund Part Town $14,233.44 Highway Fund Part Town $104,427.68 Water Fund $50,178.38 Sewer Fund $12,515.38 William & Hannah Pew Bikeway $1,447.60 Risk Retention Fund $2,536.25 Fire Protection Fund $173,598.75 Forest Home Lighting District $141.76 Glenside Lighting District $54.80 Renwick Heights Lighting District $76.98 n n 40 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Eastwood Commons Lighting District $ 164.76 Clover Lane Lighting District $ 18.83 Winner's Circle Lighting District $ 57.55 Burleigh Drive Lighting District $ 65.95 Westhaven Rd Lighting District $ 213.25 Coddinaton Rd Lighting District $ 126.13 TOTAL: U71.717.36 MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006- 150c: Bolton Points Abstract WHEREAS, the following numbered vouchers for the Southem Cayuga Lake Intermunicipal Water Commission have been presented to the goveming Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 218, 286-296, 299-333, 335-354 Check Numbers: 9115, 9182-9192, 9196-9250 Operating Fund $185,127.34 1998 SCADA Capital Project $ 1,429.34 2000 Bolton Road Project $ 1,290.34 2002 Office Space Addition $ 10,960.00 2003 East Hill Tank Protect $263.076.85 TOTAL $461.883.87 MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. 41 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 TB RESOLUTION NO. 2006 - 150d: Ratification of Highway Superintendent's Appointment of Laborer WHEREAS, there has been a vacancy in the full time position of Laborer for the Public Works Department, since May 19, 2006; and WHEREAS, the Interview Committee comprised of the Highway Superintendent, Deputy Highway Superintendent, Parks Maintenance Manager, Water and Sewer Maintenance Supervisor and Human Resources Manager, Interviewed six candidates; and WHEREAS, the Committee has determined that Henry Yolman possess the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and WHEREAS, Fred Noteboom, Highway Superintendent, appointed Mr. Yolman as Laborer, effective June 19, 2006; Now, therefore be It RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Highway Superintendent, of Henry Yolman as Laborer, effective June 19, 2006; and be It further piRESOLVED, this Is a 40 hours a week position, at the hourly wage of $14.44, which Is an estimated annual salary of $30,035.20, from Public Works account numbers. In Job Classification T, with full time benefits; and be It further RESOLVED, a mandatory twenty-six (26) week probationary period applies, which ends December 18, 2006, with no further action by the Town Board If there Is successful completion of the probationary period as determined by the Town Highway Superintendent. MOVED: Councilman Stein SECONDED: Councllwoman GIttelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councllwoman GIttelman, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-150e: RATIFICATION AUTHORIZING THE HIRING OF A TEMPORARY PLANNING INTERN WHEREAS, the Director of Planning has recognized the need for additional staff support for the Planning Department during the summer and possibly subsequent months; and WHEREAS, the Planning Department has budgeted funds to cover the cost of having planning Interns and has traditionally hired temporary Interns to provide the Department with | valuable work experience while the Town of Ithaca has received valuable technical support from the Intems; and 42 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 WHEREAS, Esther Blodau-Konick graduated from Comell University in May 2006 with a Bachelor of Science degree in Urban and Regional Studies and desires to gain experience as a Planning Intern while considering whether to continue with graduate studies, and has been assessed as possessing the qualifications necessary for appointment to this temporary intern position; and WHEREAS, Account # B8020.110 contains sufficient funds to pay for this temporary Planning Intern position; RESOLVED, that the Town Board of the Town of Ithaca hereby ratifies the authorization for the Director of Planning to hire Esther Blodau-Konick as a temporary full- time Planning Intem, beginning on May 22, 2006, at an hourly rate of $10.50 based on 37-1/2 hours a week to be charged to Account # B8020.110. Benefits are limited to the temporary status of this position. MOVED: Councilman Stein SECONDED: CouncHwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; CouncHwoman Gittelman, aye; CouncHwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-1507: Approval of Cornell University Federal Work Study Agreement WHEREAS, the Town has budgeted the necessary funds to cover the cost of participating in the Cornell University Federal Work Study Program to provide student intems with a valuable work experience while providing the Town of Ithaca with valuable technical support; and WHEREAS, Cornell University covers 75% of the hourly wages and 100% of the employment expenses of this program and the Town would be responsible for the other 25% of the hourly wages plus 10.25% for non-registered students employed for the summer; and WHEREAS, the Town Board has reviewed and discussed the proposed Comell University Federal Work Study Agreement; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the participation in the Comell University Federal Work Study Program for the school year of July 1, 2006 through June 30, 2007; and be it further RESOLVED, the Town Board of the Town of Ithaca does hereby authorize and direct the Town Supervisor to sign the Comell University Federal Work Study Agreement; and be it further RESOLVED, the cost of participating in the said program for the year 2007 shall be reviewed and approved during the budget process. 43 n June 12,2006 Regular Town Board Meeting Approved July 24, 2006 MOVED: CouncHman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-150q - Selling of the Trailer Mounted Vacuum System. Whereas: The Town of Ithaca has a 1998 Jay's Versa-vac Trailer Mounted Vacuum System which is scheduled to be replaced this year, and a new one has been ordered; Whereas: The Town of Ithaca and Town of Dryden are in agreement to have the Town of Ithaca sell to the Town of Dryden a trailer mounted vacuum system for $7,000; now therefore belt Resolved: That the Highway Superintendent be authorized sell the 1998 Jay's Versa-vac trailer mounted vacuum system for $7,000 with the money being put in the Equipment Reserve Fund. MOVED: Councilman Stein i-^ SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda item No. 31 - Report of Town Officials (Attachment #14 - Monthly reports) Mr. Noteboom reported that one large truck has been totaled. It was scheduled to be replaced next year, but they need it for the winter, and he would like to purchase a replacement soon. Ms. Drake reported they are not sure what the settlement will be coming out of the totaled truck, but the worst case scenario is $20,000. Councilman Burbank asked if anyone was hurt. Ms. Drake reported there were minor injuries, and the other vehicle sustained only $3,000 worth of damage. Councilman Stein asked Mr. Noteboom if it was neutral, but just a matter of time, and Mr. Noteboom responded, "exactly." Mr. Noteboom stated the board normally sets a limit on how much he can spend, and he thinks he can get the truck off of State Bid. Ms. Brock asked if he had to move this month or if they can wait until next month. He stated there was a lot of time necessary to put the needed equipment on the truck, and he would like start now. n 44 jmrn^ June 12,2006 Regular Town Board Meeting Approved July 24, 2006 Councilman Stein proposed that they have a special meeting if need be if the right truck comes up before July 17*^. Councilman Engman stated they have contingency funds, so they should go ahead and buy the truck. TB RESOLUTION NO. 2006-151: Authorizing Purchase of a Truck BE IT RESOLVED that the Town Board of the Town of Ithaca authorizes the purchase of a replacement 10-wheel plow truck to replace truck #4 not to exceed $145,000. MOVED: Councilman Engman SECONDED: Councilman Cowie VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-152: Extension of the June 12, 2006 Meeting for 15 Minutes BE IT RESOLVED, that the Town Board of the Town of Ithaca extends the June 12, 2006 meeting for 15 minutes. MOVED: Councilman Engman SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Agenda item No. 32 - Report of Town Committees Councilman Cowie reported that the Personnel Committee has been meeting and reviewing salary costs over time. There has been some confusion with numbers on personnel costs and he hopes that everyone will soon be on the same page. The Personnel Committee will meet again June 22, 2006. Agenda Item No. 33 - Intermunicipal Organizations No reports. Agenda Item No. 34 - Review of Correspondence Councilman Engman wondered if Board Members should respond to letters, for example, speed limit reduction requests. He assumed that someone from staff was responding to the letters. Mr. Noteboom responded to the email requesting a speed limit reduction on Route 96 B (Trumansburg Road). He made a site visit, talked with Ms. Wright about it and explained that it was a State road so the Town Board would need to request a speed limit reduction 45 June 12,2006 Regular Town Board Meeting Approved July 24. 2006 from the State. It would be a Town Board decision as to whether or not to make the speed limit reduction request. Mr. Noteboom offered to draft a letter to the State on behalf of the Board. Councilman Cowie asked if the Lighting Ordinance would change existing public lighting. Mr. Kanter answered that the Town owns some public street lighting fixtures, but not all. Presumably upon a complaint the Board could determine that a light fixture be changed. He was not sure if the Town could request that a County or State owned light fixture be changed. Agenda Item No. 35 - Consider Executive Session regarding: property rights acgulsitlon: discussion of pending litigation re Health Department Fees to Bolton Point TB RESOLUTION NO. 2006-153: Move into Executive Session to Discuss property ricthts acquisition: discussion of oending litigation re Hea!th Department Fees to Bolton Point BE IT RESOLVED, that the Town Board of the Town of Ithaca moves into Executive Session at 10:07 p.m. to discuss property rights acquisition and discussion of pending litigation re Health Department Fees to Bolton Point. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. TB RESOLUTION NO. 2006-154: Move out of Executive Session BE IT RESOLVED, that the Town Board of the Town of Ithaca moves out of Executive Session at 10:20 p.m. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye. Adjournment On motion by Councilman Stein, seconded by Councilman Engman, the meeting was adjourned at 10:21 p.m. Respectfully submitted, 46 June 12,2006 Regular Town Board Meeting Approved July 24, 2006 1 ] Tee-Ann Hunter I Town Clerk Next meeting July 17,2006 and July 24, 2006 n rn 1 I I I 47 f 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: PURPOSE OF CONSIDERING A PROPOSED LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING THE DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Friday, May 19, 2006 Date of Publication: Thursday, May 25,2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swom to and subscribed before me this 25*^ day of May, 2006 A [ii Notary Public u Mota WHITMORB Commission Expires DeiSmber 26^^ Jf. " of file ^f/jBiitatMrhold a L t^'^zoriing chap- .%^wn,or (thaca Jn~<^nseiw;^ docdlilja#>lsM ^ a j|oiSviy%rfcV^ •; r^ilqbletfbr n^' 5 hoiil^li^i^lhtbugh Fri- cloyjB;pr»nrio 4 p.m.; end ^F.iJ|rHER'K6TicE is ; irv^W^fpTICE ISH^CT^plVEN^-.tha cndi;"* vt||^^<ViltthL-viufor:ji^^ hetBv- '■^"''^-ilrmenfsfjor olher: vp»|sten(» m Repes-';;; Q^s^nca; must,,[i^rto'^eTo^ 48 hows"lgt»:bFthe iwls??. '"ViQW, \n u f \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, Ithaoa Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: PURPOSE OF HEARING A NOISE PERMIT REQUEST FOR FIREWORKS ON FRIDAY, JUNE 16, 2006 FROM 10:00 PM TO 10:15 PM AT THE SIX MILE CREEK WINERY, 1551 SLATERVILLE ROAD, ITHACA, NEW YORK. Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 / \ Date of Posting: Friday, May 19, 2006 Date of Publication: Thursday, May 25, 2006i ' \ Tee-Ann Tlunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 25^*^ day of May, 2006 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County n ^ I ^ Commission Expires December ■' / ^ TOWN OF ITHACA NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Ithaca will hold a public hearing at 7:15 p.in. on the 12th day of June 2006 at Town Hall, 215 North Tioga Street, Ithoca, New York, for the pur|»se of hearing o noise permit request for fire works on Friday, June 16, 2006 from 10:00 p.m. to 10:15 p.m. at the Mile Creek Winery, 1551 Sloterville Road, llhoco, New York. FURTHER NOTICE IS HEREBY GIVEN, thotatsoch lime and place all persons interested in the requested noise permit may be heard concerning the some; and FURTHER NOTICE IS HEREBY GIVEN, that indi- yiduals with visual or hear ing impairments or other special needs will be prowd w with assistance os neces sary, upon request. Persons desiring assistance must make o request to the Town Clerk not less than 48 hours prior to the time of the pub- ' lie hearing. Date; May 19, 2006 Tee-Ann Hunter Town Clerk 5/25/06 / \ ! \ f \ i \ 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: PURPOSE OF HEARING A NOISE PERMIT REQUEST FOR FIREWORKS ON MONDAY, JULY 3, 2006 (RAINDATE JULY 5, 2006) FROM 9:45 PM TO 10:15 PM AT ITHACA COLLEGE, 950 DANBY ROAD, ITHACA, NEW YORK. Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Thursday, June 1, 2006 Date of Publication: Saturday, June 3, 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 5**^ day of June, 2006 KlAto Notary Public CARRIE WHITMORE llotafy Public, State of New York _ No. 01WH6052877 M . . ^00® County 0, I. ^ vonwrfssten Expires December 26kOll^kfj> TOWN OF fTHACA NOTICE OF PUBUC HEARING NOTICE IS HEREBY G.VEN, that the Town Boord of ma Town of Ithoco will hold a public hearing at 7:30 p.m. on the doy ^ June 2006 at Town Hall, 215 North Tioga Street, Ithaca, New York, for the purpose of heoring o noise permit request from ithoco Community Fireworks Show for fireworks on Mon day, July 3, 2006 (rain dote of WMnesdoy, July 5, 2006) from 9:45 p.m. to 10:15 p.m. of Ithoco Col lege, 950 Donby Rood, ithoco, New Yoik. FURTHER NOTICE IS HERE BY GIVEN, that at such time ond place all persons inter ested in the requested noise permit moy be heord cojv cerning the some; and FURTHER NOTICE IS HERE BY GIVEN, that individuals with visual or hearing im- poirments or other s^ioi needs will be provided with assistance os necessary, upon request. Persons desir ing assistance must moke o request to the Town Clerk not less than 48 hours prior to the time of the public hearing. Date; June 1,2006 | Tee-Ann Hunter < Town Clerk 6/3/G6 ,ds f]TOWN OF ITHACA TOWN BOARD SIGN-IN SHEET DATE: Monday, June 12, 2006 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE ARJA/TADDRESS/AFFILIATION TT, LCCifC^ OhFUbJFa fXi (Lytwoa/ ^ /"/1 (Mhli fUo^ (MmW.C/f.'F rlcFC ' f\&0( 1 If 4'tr(>&L' ' f \ Attachment n . 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A€/>7AC£M£<sr Ai>^A£SSC5 A/ A^7:C/^sPj ctuT^ 4 ^^^fi/S£JH5ASt[7€ Ao^^( c.Y^ ^AP0a7nJQ AJJ^A^£^ a a C4f>j7A5/PAc^f^cTs ^ 75 c^c^pJ^Y Lo fTh The G7jf i /aSTcaST'75 2^\f£.l-cAC A ^iT7^^^^ /3«W 75 fieOvce. ^^^eeAJTT^c^se^4s £^/s^ Svl::^£7" P/^A/^T/£>A)'^^hi5^A7P-r7d>^:. Tab. (2oA4A^77/iC77iAAS Ai^ rA^ dp£44l7A/C ^0iS5id)TtA('i^*f Cc>Mpi4T7A5& TUcPiik:^$, to/JJ^ 9c ^t^oeASccTf \iiSis/ i^zo^ , TThs kJ/^u Be Scf9>?ecT Xh /4/Ly AOPfVcm^s AX)^067?^e^A/7s BiTiuUA 7^AJ<fTMC '^oBhi'me l>An: a/: AO&. i , ^.oo6 - Ct>MfMtTEt £^f05tSTs CA /oArie. /*^7^AJtdA/?»ijCAA/ee^fjegA^TLj O^A- ^ P>AAiA^ A*Jt> CfiiCf A p4eJkiA<fr4Mp pAe^eAT^ 75 7U^^fa.97>.aic3 4u4ZC^2£i /fj fi4o^4j£S$ / \ To: Catherine Valentino Ithaca Town Supervisor V) g ® n e f i i n June 12, 2006 Town Board Meeting i i { i! ?MAY - 1 ^ i , Ain-£3T s i"^l-5ACA TOW?.! CLF^K From: Robert 8. Romanowski Chair-Board of Fire Commissioners Subject: Expiration of appointed term June 30,2006 ATTACHMENT #2 160 Bundy Road Ithaca,N.Y. May 1,2006 / > / t \ / \ Dear Cathy, My term as a Fire Commissioner,representing the Town Of lthaca,officially expires on June 30,2006.If the Town Board so chooses to re-appoint me to another 3 year term,I will accept the re-appointment.As always,I serve at the pleasure of the Town of Ithaca Supervisor and the Town Board. Your consideration of this matter will be appreciated. Sincerely, Robert 8. Romanowski f ^ (1 June 12, 2006 Town Board Meeting ATTACHMENT #3 PLANNING DEPARTMENT MEMORANDUM TO; TOWN BOARD MEMBERS FROM: MICHAEL SMITH, ENVIRONMENTAL PLANNER^^ DATE: JUNE 5, 2006 RE: FARMLAND PROTECTION IMPLEMENTATION GRANTS APPLICATION Attached are materials related to the Town applying for funding through the State Farmland Protection Implementation Grants Program. The New York State Department of Agriculture and Markets has recently released a request for proposals to help protect farmland through the purchase of development rights, with the application being due June 30, 2006 (see attached press release). The Town has received an application from Stephen Cummins (Indian Creek Farm) expressing interest in the Town's purchase of development rights program, and he is willing to participate in the State grant program. The property is approximately 42 acres and is located at 1408 Trumansburg Road (see attached location map). The farm enterprise consists of u-pick fruit and vegetables, a roadside market, and nursery sales. The property is located within the Town's target area for obtaining agricultural conservation easements and within the Tompkins County Agricultural District No. 2. The Tompkins County Agriculture and Farmland Protection Board has reviewed a preliminary application for this parcel and is expected to prepare an endorsement letter for this proposal at their June meeting to be part of the Town's application. Included is a draft resolution for the Boards consideration authorizing the Town to apply for funding for this property and to commit up to $ 62,650 as the local share (25% local share required). A completed budget form (Form B.2) from the State application is also included for your information. The development rights value (value of agricultural conservation easement) included in the budget was obtained from the recently completed appraisal for the property. The Agricultural Land Preservation Advisory Committee met on February 27, 2006 to discuss this parcel and a second property as potential candidates for the State grant application, and the Committee recommended that the Cummins parcel be the subject of the grant application. The Board may wish to discuss the specifics of the Committee's recommendation in Executive Session regarding details of acquisition of the second agricultural conservation easement. Please contact me at 273-1747 or email me at msmith@town.ithaca.nv.us if you have any questions prior to the meeting. ' N Town of Ithaca \ Agricultural Land Preservation Advisory Committee May 1.2006 Land values received from Pomeroy Appraisal Associates, Inc. for the Cummins and Drake properties. Cummins Property Trumansburg Road 41.71 acres Before Value (Fee Simple)$281,000 After Value - Encumbered with Agricultural Conservation Easement $35,000 Value of Agricultural Conservation Easement $246,000 Drake Property Mecklenburg Road 92.43 acres Before Value (Fee Simple)$581,000 After Value - Encumbered with Agricultural Conservation Easement $69,000 Value of Agricultural Conservation Easement $512,000 i \ f N Town of Ithaca ^ Agricultural Land Preservation Advisory Committee May 1,2006 Land values received from Pomeroy Appraisal Associates, inc. for the Cummins and Drake properties. Cummins Property Trumansburg Road 41.71 acres Before Value (Fee Simple)$281,000 After Value - Encumbered with Agricultural Conservation Easement $35,000 Value of Agricultural Conservation Easement $246,000 Drake Property Mecklenburg Road 92.43 acres Before Value (Fee Simple)$581,000 After Value - Encumbered with Agricultural Conservation Easement $69,000 Value of Agricultural Conservation Easement $512,000/ \ f \ t \ I \ )Department of Agriculture^ itilaiflkets NewsThursday, April 27,2006Contact: Jessica A. Chittenden518-457-3136Je8sica.chittenden@agnikt8tate.ny.usCOMMISSIONER; FARMLAND PROTECTION GRANTS AVAILABLE75-25 State-Local iMatch; Requests for Proposals Due June 30,2006New York State Agriculture Commissioner Patrick H. Brennan today announced ttie release of Round X of the Governor's Farmland Protection Program's Inquest forProposals (RFP). The Farmland Protection Program provides financial assistance to counties and municipalities to help protect economically viable farmland fifomdevelopment through such activities as the purchase of development rights.The Farmland Protection Implementation Grants Program is open to all counties and munidpalities that have approved agricultural and farmland protection plans inplace. The cost-share ratio is 75 percent state and 25 percent local. Applications must be received (not postmarked) by the Department of Agriculture and Markets nolater than 4:30 pm on June 30,2006.Preferred projects will preserve viable agricultural land, be located in areas facing significant development pressure and serve as a buffer to a significant natural publicrosourcG contdining an important acosystem or habiteit Consldaration is also givon to tha numbar of acras prasarvad, tha long-tanm potantial for tha protactad land toremain in production agriculture, the cost effectiveness of the proposal and the level of landowner commitmentCurrently, New York State has 7.6 million acres of farmland with 36,000 farms. Govemor PatakI has helped protect nearly 36,000 acres from development inperpetuity by devoting a total of nearly $80 million to the program since 1996.A copy of the Farmland Protection RFP can be obtained by contacting the Department at 518-457-2713 or by downloading the application off the Department'swebsite at httD://wviw.aamkt.state.nv.us/RFPS.html.>2006 Press Releases Existing and Proposed Conservation Easements in the TownSheffield RdTown of Enfjeld_Town of IthacaHopkins RdGity of Ithaca Form B.2 - Project Budget for FRIG Proposal (<$29,000/A for development rights) ^ 2006-2007 Project Budget for FRIG Proposal Farmland Protection Implementation Project Involving a Conservation Easement TENTION: You MUST submit one Form B.I • Budget Summary for FPIG Proposal to summarize the overall budget of this proposal 1 you MUST submit one Form B.2 • Project Budget for FPIG Proposal for each farm whose value of development rights is >29,000 per acre. Local Government Farm Name: Indian Creek Farm Applicant: Tovi/n of Ithaca Estimated Acres to be Permanently Protected =| 42.0000| TOTAL PROJECT COSTS BbBPIH if this $ per acre value exceeds Value of Development Rights $ 246.000 Piferacre =i 1?$-' $29,000/A., do not use this form. For all projects, the applicant is urged to base this amount upon either an appraisal or the most recent valuation of the subject property as reflected on the landowner's property tax statement. AdminisUative Costs Title Insurance $ 1.500 Survey(s) $ 1,500 Appraisal J ^ Outside Legal Fees (if any) $ 1,000 Outside Easement Expertise Amount paid to consultantfs} to assist wth the conservation easement /jf transaction for this project. (Do NOT include cost of baseline documentation report in this item.) Recording Fees Stewardship Fee (maximum = $10,000 per easement) Baseline Documentation Report Other administrative cost Other administrative cost ^ Subtotal Iminisb^tive Costs (in-kind) Applicant's Staff Time Travel/office expense Other in-kind cost Subtotal TOTAL PROJECT COSTS = Identify: Identify: - Identify: I | 300 Amount shall not exceed $25,000, or 80% of the local match, whichever is less. FUNDING SOURCES Local Match Applicant must provide documentation acceptabie to the Department accounting for the encumbrance or expenditure of the required local match for this project by the time this project's perpetual conservation easement is conveyed. Municipal Funds Landowner Donation Federal FRPP In-Kind (from subtotal above) For project proposals where the full value of the conservation easements will be donated, none of the amount shown shall be used to compensate the landowner for the value of 62,350 development rights. When the full value of development rights vnll be donated, enter full appraised value of the - consen/ation easement.n NOl^: Due to a change in the rules for the Federal Farm and Ranch Lands Protection Program (FRPP). Federal Funds will NOT be allowed as a local 300 I (For project proposals where the full value of the conservation easements vwll be donated, none of the amount shown shall be used to compensate the lartdowner for the value of development rights.) IDENTIFY SOURCE(S) & SPECIFY AMOUNT FROM EACH SOURCE: Other (foundation or similar) S Subtotal % of total project costs tate Funding ^ State Funding % of total project costs above cal Match % plus State Funding % must equal 100%. 62,650 25.0% State shall not contribute more than $29,000 per acre toward the value of 187,950 development rights for any farmland protection implementation project 75.0% I State Funding % shall be no more than 75.0%. June 12 Town Board Meeting ATTACHMENT #4 ^ AGREEMENT , TOWN OF ITHACA t 1 THIS AGREEMENT, made between Overlook at West Hill II L.P. a New York limited liability company, doing business at 31 -87 Steinway Street, Suite Five, Astoria, New York 11103, and the Town of Ithaca, a municipal subdivision of the State of New York with offices at 215 North Tioga Street, Ithaca, New York 14850. WITNESSETH: WHEREAS, Overlook at West Hill II L.P. (the "Developer") has requested the Town of Ithaca (the "Town") to accept a deed, for Town Highway purposes, by which the Developer will convey to the Town the parcel of land shown as a proposed Town Right-of- Way on Drawing C301 of the construction Drawings for Overlook at West Hill prepared by TG Miller Engineers and Surveyors and dated 20 December 2004, commencing at Station 7+00 and extending westerly to station 13+25. The typical width of the Right-of-way is 60 feet.; and WHEREAS, the Developer will provide an easement to the Town of Ithaca to approximately 80 feet of the entrance drive intersecting the road R.O.W. at station 12+75 as a temporary turn around until such time as Phase 2 of West Hill Drive is constructed and /dedicated to the Town; and ( \ , , WHEREAS, the road to be conveyed has not yet been completed to the Town of thaca specification; and WHEREAS, the Town is willing to accept a conveyance of said road although it has not as yet been completed provided, however, that the Developer complies with certain conditions hereinafter set forth. NOW, THEREFORE, in order to induce the said Town to accept the title to said strips of land for municipal purposes in consideration of the premises and the mutual agreements hereinafter set forth, it is agreed as follows: 1. The Town will accept a conveyance of said road and and easment. 2. The Developer agrees to complete said road and related facilities in the boundaries of the right-of-way as conveyed by the Developer to the Town concurrently herewith. Said road must be completed in accordance with the specifications established by the Town of Ithaca for completion of Town Highways prior to their acceptance by the Town as Town Highways. The final determination as to whether or not such roads have been completed in accordance with the specifications of the Town shall be made by the Town Board upon the recommendation of the Town Highway Superintendent. Such roads must be completed not later than October 30,2006. ( \ 3. The Developer agrees to install permanent concrete monuments with steel or iron pipe inserts, in accordance with specifications furnished by the Town WEST HILL DRIVE ACCEPTANCE AGREEMENT PAGE 2 of 4 Highway Superintendent or Town Engineer, such monuments to be installed at such locations as Superintendent or Engineer may specify. Such monuments ^ ' shall be installed within the period required for the completion of the roads as ^ ^ hereinabove set forth. 4. The Town consents to the entry on the unfinished portions of said road by the Developer and the contractors and agents of the Developer for the purposes of completing the roads in accordance with this agreement. 5. The Developer agrees that upon completion of the road, it will furnish a revision of the aforesaid map, to be certified by a competent surveyor, showing the monuments, as the same are actually located as hereinabove described. 6. The Developer agrees to indemnify and save and hold harmless the Town, its officers (including the Town Highway Superintendent and Town Engineer), agents, contractors and employees from and against all suits, claims, loss, liability or expense (including costs and attorney's fees) by reason of any liability imposed upon the Town or any damage to property, including loss of use thereof, resulting from any condition of the uncompleted portions of the said streets or which may result from any work or operations on the said uncompleted portions of said road by the Developer, its contractors, agents, employees or invitees. In this respect, the Developer shall provide and maintain at its own expense insurance coverage for public liability and for the contractual liability of the Developer under this agreement. Such policy shall provide or include coverage for all operations of the Developer in completing the work on the streets required by this agreement; completed operations; personal injury and board from property damage. The amount of the policy shall be at least $1,000,000 aggregate limits or in such other amounts as the Town may reasonably require. The policy shall be reviewed by the Town's insurance counsel to determine whether it adequately protects the Town and the Developer shall comply with any reasonable requirement of the insurance counsel. If the Developer fails to complete the said road as required by this agreement, or otherwise defaults in the performance of this agreement, the Town may notify the Developer of said failure or default and demand that the Developer correct said failure or default within a reasonable time specified by the Town in said notice. If the Developer fails to correct said failure or cure said default within the time specified by the Town, then the Town may proceed to complete said road and the Developer agrees to pay to the Town on demand the cost of completing said road including all necessary expenses and obligations and liabilities insured by the Town in connection with completing said work. As partial security for the performance of such work, and as a source of payment of the costs and expenses incurred by the Town in connection with the foregoing, the Developer agrees to deposit with the Town either cash or an unequivocal irrevocable letter of credit (in form and substance satisfactory to the Town Attorney) in the sum of $97,000.00 which if cash, shall be deposited in an ( ^ I ^ I \ \ JUN-02*€006 14:50 From:BANK OF AMERICA 570 330 4186 To:718 777 8214 P.2^3 BankofAmerica ; \NK OF AMERICA - CONFIDENTIAL PAGE; 1 DATE: JUNE 2, 2000 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 68013032 BENEFICIARY APPLICANT TOWN OP ITHACA OVERLOOK AT WEST HILL PHASE II. LP 215 NORTH TIOGA STREET 31-87 STEINWAY STREET ITHACA. NY 14850 SUITE S ASTORIA, NY 1X103 ISSUING BANK BANK OF AMERICA, N.A. X FLEET WAY PA6-580-02-30 SCRANTON, PA 18507-1999 AMOUNT NOT EXCEEDING USD 97,000.00 NOT EXCEEDING NINETY SEVEN THOUSAND AND 00/100 *8 US DOLLARS EXPIRATION ^ OrUNE 1, 2007 AT OUR COUNTERS ( \ \ HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 00013032 IN YOUR FAVOR. THIS CREDIT IS AVAILABLE WITH BANK OF AMERICA BY PAYMENT AGAINST PRESENTATION OP BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON BANK OF AMERICA N.A. DRAFT(S) MUST BE ACCOMPANIED BY: 1. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY. 2. A DATED STATEMENT SIGNED BY AN AUTHORIZED OFFICER/REPRESENTATIVE OF THE BENEFICIARY ON BENEFICIARY'S LETTERHEAD READING AS FOLLOWS: QUOTE OVERLOOK AT WEST HILL II, LP. HAS NOT COMPLETED THE TOWN ROAD WORK FOR OVERLOOK AT WEST HILL PHASE IB UNQUOTE PARTIAL DRAWINGS: ARE ALLOWED DRAFT(S) MUST STATE "DRAWN UNDER BANK OF AMERICA N.A., STANDBY LETTER OF CREDIT NUMBER 68013032 DATED JUNE 2, 2006." f ^ ORIGINAL \ WtfHc yijM.NA TtaJ«OptiWldM KA itou7 W>3MnUlNiit> MM T^IS DOCUMENT CONSISTS OP 2 PAGE{S) ORIGINAL Usnk i»f Tmrfe Op<»nu«ft M«) Vam. rAii'560-ltt-Vk I Mom w«iy.a«anoof. S««aw »•« fM07 iw-3>'(nviN:iO 6'2000 JUN-0a-2006 14:50 FromrBfiNK OF AMERICA 570 330 4186 To:7l8 777 8214 P.3^3 Bankof America BANK OF AMERICA - CONFIDENTIAL PAGE.' 2 '' ^ THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 66013032 DRAFT(S) AND DOCUMENTS SHALL BE PRESENTED AT OUR OFFICES AT BANK OF AMERICA. ONE FLEET WAY, SCRANTON, PA 1B507-19SS, ATTN: GLOBAL TRADE operations, standby unit. communications with respect to this LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO US AT ONE FLEET WAY, SCRANTON, PA 18507-1999, ATTN; GLOBAL TRADE OPERATIONS, STANDBY UNIT, PHONE; 1-800-370-7S19, SPEC1FI-CAI.LY REFERRING TO THE NUMBER OF THIS LETTER OF CREDIT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THISTRANSACTION)^ PLEASE CALL 800-370-7519 . AUTHORIZEdyfflSNATURE / 1 1 ( \ { ' > r ^ WEST HILL DRIVE ACCEPTANCE AGREEMENT PAGE 3 of 4 account in the name of the Town. The funds In said account, or the amount provided by the letter of credit, (Including any interest accrued thereon) shall be applied toward any cost or expenses incurred by the Town in the event of any default by the Developer in the performance of its obligations under this agreement. If the Developer shall fully perform this agreement in accordance with its provisions, said sum shall be returned to the Developer, or said letter of credit discharged, upon resolution by the Town Board. 8. The Developer agrees to furnish to the Town an abstract of title certified at least to the date of recording the said deed. The deed will be a warranty deed with lien covenant. Copies of the revised map will be furnished in such amounts as will be sufficient for distribution to various Town officials and for filing. 9. Upon the execution of this agreement and upon the acceptance of the insurance policy and money, or letter of credit, the Town will accept the aforesaid deed, which will be recorded in the said Clerk's Office concurrently with said deed. 10. In the event the Developer fails to make any payments to the Town as required hereunder, the Town may, at its option, pursue any one or all of the following remedies to enforce the collection of any such amount: a. The Town may bring an action at law to collect such amount as on a contract; b. Any such unpaid amount shall be added to the Town Tax due with respect to Town of Ithaca Tax Parcel 24.-4-14.24, also known as Phase 1 b of the Overlook at West Hill project owned by the Developer and shall be payable on the first day of January next following demand for payment by the Town; c. The amount of any such sum which remains unpaid and is due to the Town shall be a lien on the property presently owned by the Developer lying within the boundaries of the subdivision as shown on the subdivision development map hereinabove described, but such lien shall in no manner be effective against a bona fide purchaser or any separate lot on which a dwelling unit has been erected unless a notice of this lien signed by the Supen/isor of the Town of Ithaca and indexed to the Developer describing specifically the amount due has been recorded or filed in the Tompkins County Clerk's Office prior to the recording of the deed to such purchaser. The Town agrees that no such lien shall be so recorded or filed unless a notice in writing sent by certified mail, return receipt requested, has been sent to the Developer at the address of the Developer set forth at the beginning of this agreement or a such other address to which the Developer shall have directed (by written notice ^ > delivered to the Town), and 60 days have elapsed from the date on ^ which such notice as mailed; and either said sum has not been paid, or f \ \ WEST HILL DRIVE ACCEPTANCE AGREEMENT PAGE 4 of 4 the Town and the Developer have not adjusted the matter to the satisfaction of the Town. 11. This agreement shall bind the parties hereto, their respective successors and assigns. 12. Each Party represents and warrants to the other that the execution of this Agreement has been duly authorized by it and that the individual signing below has authority to execute this Agreement upon such party's behalf. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. DATED: ClufoC NAME OF PROJECT: ..V kit' J BY: as Partner TOWN OF ITHACA BY: STATE OF NEW YORK) COUNTY OF TOMPKINS) 88.: On this personally known day of 20 as Town Supen/isor who, _ , before me, came did depose and say to me resides atbeing by me duly sworn, did depose and say that s/he Ithaca, New York, and that s/he Is the Supervisor of the Town of Ithaca, who executed the within instrument, and s/he acknowledges to me that s/he executed the same, and that such execution was on behalf of the Town of Ithaca and that the Town Board of such Town duly authorized such execution. Notary Public STATE OF NEW YORK) COUNTY OF NEW YORK) 88.: On this day of , 20 , before me, came to me personally known who, being by me duly sworn, did depose and say that he resides at 500 E77th Street, New York, New York, and that he is the Partner of Overlook at West Hill II LP , the corporation described in and which executed the within instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that It was so affixed by order of the Board of Directors of said corporation; and that s/he signed his/her name thereto by like order. Notary Public PATRICIA E. HERRITY Notary Public-State of New York No. 01HE6083912 Qualified In New York County My Commission Expires Nov. 25, 2006 I \ June 12, 2006 Town Board Meeting ATTACHMENT CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 f * ) 1 Office of the CnTArroRNEY Daniel L. Hoffiman. Ciry Attorney Patricia Dunn, Assistant City Attorney Robert A. Sarachan, Assistant City Attorney Khandikile M. Sokoni, Assistant City Attorney Dawn M.L. Tordel, Legal Assistant Telephone: 607/274-6504 Fax: 607/274-6507 • — • (— May 18,2006 MY 2 2 306 Cathy Valentino, Supervisor Town of Ithaca Town Hall 215 North Tioga Street Ithaca, NY 14850 Re: Request for Waiver of Subdivision Fee Dear Cathy: As you may know, for the past twenty years the City has been attempting to enhance the protection of the Six Mile Creek Natural Area by acquiring certain key parcels in that vicinity, some of which are located in the Town of Ithaca. Most recently, the City has reached agreement with the owners of the property at 1517 Slaterville Road, in the Town, for City purchase of one acre at the rear of the property, closest to Six Mile Creek. This purchase will eliminate the possibility of inappropriate development in the area closest to the creek and will ensure City ownership of the area on this property through which the water main and a popular foot path pass. In order for this purchase to proceed, the existing parcel must be divided. On behalf of the owners, the City has submitted an application for subdivision to the Town Planning Board. I am told that normally there is a $140.00 fee for such an application, but that a municipality can request waiver of that fee. By this letter, the City is requesting such a waiver. At this time, the subdivision application is scheduled to be considered by the Planning Board on June 6, 2006. I do not know whether the Town Board would be able to act on this waiver application before that date. However, in order to avoid any delay of the Planning Board action, the City will agree to pay the fee, should the Town Board reject the waiver, even if such rejection occurs after June 6, 2006. "An Equal Opportunity Employer with a commitment to workforce diversification."o 0^ r V Cathy Valentino, Supervisor May 18,2006 Page 2 ' \ If you have any questions regarding this request, please feel free to contact me. Thank you for your consideration in this matter. incerely yours. Daniel L. Hoffman City Attorney \ \ DLH/dmlt pc: Jonathan Kanter, Town Planner Mayor Carolyn K. Peterson 'X'- **'"jit'''''^. .J"v • -^i.^.r^4» y t . T * •." Vss-"v-i?.'^' 4V?T ^Pwf aL»y Avis- '3^iHoitz - Cuv on ifhaca2-Lot SubdivisionTax Parcel No. 58-1-32.11517 Slaterville RoadMedium DensityResidential andConservation ZonesThis proposal is to subdivide off a+/-0.925-acre parcel from the southwestern end of the +/-4.332-acreparcel, which will then be consolidatedwith City of Ithaca Watershed lands.(Location of subdivisionline is approximate.)Legendy'-.y HydrologyRoadsBuildingsTax ParcelsTopographyZoningConservation ZoneLow Density Residentiai ZoneMedium Density Residential ZoneZoning Map:900 1.000I June 12, 2006 Town Board Meeting ATTACHMENT ff6 617.20 ^ Appendix A ^ State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable, It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large Impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact In Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY ^ DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions -•ntify the Portions of EAF completed for this project: E3 Part 1 Part 2 □ Part 3 on review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and nsidering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that; |X I A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. □ B. Although the project could have a significant effect on the environment, there will not be a significant effectfor this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* □ C. The project may result in one or more large and important impacts that may have a significant impact on theenvironment, therefore a positive declaration will be prepared. •A Conditioned Negative Declaration is only valid for Unlisted ActionsLocal law Amending the Zoning Oiapter of the Town of Ithaca Code Regarding Definition of Hpspital and Regarding Permitted Uses in Conservation Zones Name of Action TVTiAm nf TVwi Name of Lead Agency (Catherine ValentinD Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ^ gnature of Responsible Officer in Lead Agency Signature of Preparer (If different frorn responsible officer) June 12, 2006 w. .iite Date Page 1 of 21 PART 1-PROJECT INFORMATION ^ Prepared by Project Sponsor jTICE: This document Is designed to assist In determining whether the action proposed may have a significant effect on the '/Ironment. Please complete the entire form. Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so Indicate and specify each instance. local Law Unending the Zoning Chapter of the Town of Ithaca C3ode Regarding Definition of Hospital and REgarding Permitted Uses in Conservation Zones Name of Action Location of Action (include Street Address, Municipality and County) Conservation Zones within the Town of Ithaca (refer to Zoning Map) Name of Applicant/Sponsor Ttown of Ithaca Ttiwn Board Address 215 North Tioga Street City / PO state ^ Zip Code 1^850 Business Telephone (607) 273-1721 '^^^me of Owner (If different) Idress f V .{y / PO n State Zip Code Business Telephone Description of Action: Enactment of a local law tfiat would amend the Zoning Chapter of the Tcwn of Ithaca Code regarding definition of hospital and regarding permitted uses in Conservation Zones. The proposed local law would amend the definition of "hospital" and would add hospitcil as a principal use in Conservation Zones authorized by special permit only. The Conseirvation Zone curremtly allows other institutional uses, including schools, libraries, museums, day-care centers, nursery Schools, and institutions of higher learning, all of which are subject to the development restrictions currently enumerated in the Conservation Zone (Chapter 270, Article V of the Town of Ithaca Code). Page 2 of 21 f^^ase Complete Each Question-Indicate N.A. if not applicable ' SITE DESCRIPTION fwe.: oef,p, , I f/sical setting of overall project, both developed and undeveloped aicaa. p ht A 'ifl ^ 1. Present Land Use: □ Urban □ Industrial □ Commercial Residential (suburban) ^^^Rural (non-farm) |xf Forest p^Aqriculture pother ofta-t- . F projoot oroo! J ^acn2. Total acreage of projoot oroo< ^ *iacres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or ti dal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION acres NwA*acres acres acres NtA' acres .acres //'A* aaes .acres /\ltA " acr®s A/'A*acres H'A* acres N^A'acres N*A» acres N^A'aaes acres N.A'.acres % of site. 3. What is predominant soil type(s) on project site? IY.A- a. Soil drainage: I jwell drained % of site □ Moderately well drained ni Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS LandClassification System? acres (see 1 NYCRR 370). /Ve/j • 4. Are there bedrock outcroppings on project site? j | Yes n No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: I lo-10% % [II]lO-15% % □ 15% or greater % 6. Is project substantially contiguous to, oc contain a building, site, or district, listed on the State or National Registers ofHistoric Places? [j Yes No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? □ Yes J^No What is the depth of the water table?(in feet) ^ Is site located over a primary, principal, or sole source aquifer? riYes \ j. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 |?^No ^^Yes Ci No n n /ij /> \ projcet site contain any species of plant or animal life that is identified as threatened or endangered? LJYes LJ No According to: Identify each species: 12. Are there any unique or unusual land forms dunes, other geological formations? 0^es n No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ^^fves O No If yes, explain: st'tkrki 5fr ;. Does the present site include scenic views known to be important to the community? 'P^es [^Jno 15. Streams within or contiguous to project area: IK (^VsiQlrMn"^<PK . a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: Page 4 of 21 Is the site served by existing public utilities? lAi Yes ^ a. If YES, does sufficient capacity exist to allow connection? b. If YES, will improvements be necessary to allow connection? n Yes □ No mA- 18. Is the site located 304? □Yes QNo in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and .Syes riNo A ^ 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,and 6 NYCRR 617? Q Yes ]^No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes ^3 No /V//4 B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped: acres. d. Length of project, in miles: (if appropriate) %e. If the project is an expansion, indicate percent of expansion proposed. * f. Number of off-street parking spaces existing g. Maximum vehicular trips generated per hour: proposed (upon completion of project)? If residential: Number and ty pe of housing units: One Family Two Family Initially Ultimately Multiple Family Condominium i. Dimensions (in feet) of largest proposed structure:height; j. Linear feet of frontage along a public thoroughfare project will occupy is? .width; ft. length. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed n Yes □ No a. If yes, for what intended purpose is the site being reclaimed? tons/cubic yards. Mr A' b. Will topsoil be stockpiled for reclamation?n No c. Will upper subsoil be stockpiled for reclamation?□Yes No How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?,acres.MA- Page 5 of 21 Will any mature forest (over 100 years old) or other locally-Important vegetation be removed by this project? Yes , If sinole phase prefect: Anticipated period of construction: months, fincludino demolition! A/rA 7. If multi-phased: , a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? n Yes I I No 8. Will blasting occur during construction? i i Yes □ No /vA' 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project . M/4' 11. Will project require relocation of any projects or facilities? □ Yes i I No /vA- If yes, explain: ' \ Is surface liquid waste disposal involved? □ Yes □ No /VrA , a. If yes, indicate type of waste (sewage, industrial, etc) and amount _ b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? □ Yes No Type 14. Will surface area of an existing water body increase or decrease by proposal? riYesn No /M- If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Qyos Dno \JhU 16. Will the project generate solid waste? i 1 Yes i I No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? □ Yes CUno c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? L Jybs I—I No > \ / Page 6 of 21 If yes, explain: 17. Will the project involve the disposal of solid waste? □ Yes □ No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? □ Yes □ No hr.A' 19. Will project routinely produce odors (more than one hour per day)? □ Yes I Ino hftA' 20. Will project produce operating noise exceeding the local ambient noise levels? □ Yes □ No M/4. 21. Will project result in an increase in energy use? □ Yes □ No hf'A' If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. fi'k' 23. Total anticipated water usage per day gallons/day. A/4' 24. Does project involve Local, State or Federal funding? Yes No If yes, explain: Page? of 21 ^6, Approvals Required: r ^ Type Submittal Date TTT m Zgk A uiOfyJCity/^w^ Village Board J^^yes LJ No I""""''! *1^7^City, Town, Village Planning Board Li Yes ^^3»No City, Town Zoning Board □ Yes No Yes H ICity, County Health Department I l Yes No Other Local Agencies □ Yes No Other Regional Agencies I I Yes No□ ves State Agencies I i Yes NoLI Yes |X( Federal Agencies I i Yes j^ No□ Yes ^^ll\ 0. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? 0Yes □ No If Yes, indicate decision required: |>^Zonina amendment D Zoning variance D New/revision of master plan Di Subdivision ' Site plan Fl Special use permit D Resource management plan Q Other Page 8 of 21 What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? #V\(-Y It y ^fAc/oJ .J 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? of" «iS A iV AllcfT (^-r^ /Mj^i ^ -ir ^cnCtthjf^ k»Sfu<^\ ViSQ. wtrU^TUi v^jAv^c^ iKdAa^G^/fAia^ipdl^ Qi^Tpa^j. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ^b^Yes I I No What are the predominant land use(s) and zoning classifications within a Vn mile radius of proposed action? \ f r«»vCH • 8. Is the proposed action compatible with adjoining/surrounding land uses with a Vi mile? I I No If the proposed action is the subdivision of land, how many lots are proposed? 1 a. What is the minimum lot size proposed? Page 9 of 21 Will proposed action require any authorlzation(s) for the formation of sewer or water districts? Yes No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? Cygs a. If yes, is existing capacity sufficient to handle projected demand? □ Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes^^No a. If yes, is the existing road network adequate to handle the additional traffic. Dyos n No D. Informational Details ^ Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts ';ociated with your proposal, [^ease discuss such impacts and the measures which you propose to mitigate or avoid them. venfica^on I certify that the information provided above is true to the best of my knowledge. ^ Applicant/Sponsor Name Tbwn of Ithaca Tbwn Board Date 6/1/06 Signature Title Kanter, AICP^ Director of Planning If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. r\ * i Page 10 of 21 )))m\Viii.-ige o* LansiunirI/. . . ...village efCayuga HeightsMORTownofllhaeaTos«ti ol NewfieUTown of IthacaZoning Map(Effecllve April 1.2004, Revised December 12.2005)Lakefront Residential (LR)Low Density Residential (LDR)d ^ Medium Density Residential (MDR)High Density Residential (HDR)Mobile Home Park (MHP)Multiple Residence (MR)Vehicle Fuel and Repair (VFR)Office Park Commercial (OPC)Neighborhood Commercial (NC)Community Commercial (CC)Lakefront Commercial (LC)Agricultural (AG)Conservation (C)Planned Development Zones (P)Light Industrial (LI)Industrial (I)Cayuga Lake0 0.5 1 MtesANTown of Ithaca215 N. Tioga StreetIthaca. NY 14850NOTE: Refer also to Town of Ithaca Zoning Ordinance and toTown Board local laws and ordinances rezoning certain areasfor additional information on specific boundaries.The official signatures below certify this map as the Official ZoningMap of the Town of Ithaca, effective April 1.2004, adopted by theTovm Board by Resolution No, 195 on December 8, 2003, andrevised December 12, 2005. by Town Board Resolution No. 2005-184.Catherine Valentino. Town SupervisorTee Ann Hunter. Town Clerk Town nf lily ft Cayuga Lake mk,^ ~ Part 2 - PROJECT IMPACTS AND THEIR MAGNITUDE ^ Responsfbility of Lead Agency peral Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. I The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. I In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any Impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. d. e. f. 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? ^NO^ YES □ Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. I \ Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. □ □ □ □ □ Yes Ono □ □ Yes riNo n n Yes Dno □ □ Yes Ono n n Yes CJno □ n Yes riNo Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Construction or expansion of a santary landfill.□□□ves Dno Construction in a designated floodway.o CD □ves FIno Other impacts:□□riYes FIno 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) riYES l/Si 1 i Specific land forms:□□CDves □ no Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) - ^ riYES t \ . Examples that would apply to column 2^ ^ • Developable area of site contains a protected water body.□□□ Yes □ no • Dredging more than 100 cubic yards of material from channel of a protected stream. □□1 lYes □ no • Extension of utility distribution facilities through a protected water body. □□□ ves □ no Construction in a designated freshwater or tidal wetland.□i 1 □ Yes □ no Other impacts:□□□ ybs □ no 4. Will Proposed Action affect any non-protected existing or new body of water? >Igljfo Qyes Examples that would apply to column 2 • A10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease.□□□ Yes □ no •Construction of a body of water that exceeds 10 acres of surface area. □□□Yes □ no ^ .Other impacts:□□Yes oz □ 1 \ / \ Page 12 of 21 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity^•^0 Qyes Examples that would apply to column 2 Proposed Action will require a discharge permit.□□riYes □ no Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. □□rives CIno Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. □□riYes FIno Construction or operation causing any contamination of a water supply system. □n riYes oZ □1 Proposed Action will adversely affect groundwater.□□riYes 1 1 No • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. □□DYes □ no Proposed Action would use water in excess of 20.000 gallons per day. □□n Yes □ z o Proposed Action will likely cause siltation or other discharge into ' ^ an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. □□riYes 1 Ino Proposed Action will require the storage of petroleum or chemical products greater than 1.100 gallons. □n riYes □ 1 Proposed Action will allow residential uses in areas without water and/or sewer services. □□rives □ z o Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. □riYes □ no Other impacts:□□Oes □ no Page 13 of 21 Small to Moderate Impact Potential Large Impact Can Impact Be Mitigated by Project Change Will Proposed Action alter drainage flow or patterns, or surface water runoff? ^NO nYES Examples that would apply to column 2 Proposed Action would change flood water flows □□riYes 1 iMn Proposed Action may cause substantial erosion.□□C^Yes □ no • Proposed Action Is Incompatible with existing drainage patterns.□□riYes □ no • Proposed Action will allow development In a designated floodway. □□riYes □ no • Other Impacts:□n C^Yes 1 1 No IMPACT ON AIR 7. Will Proposed Action affect air quality?>r7rNo riYEs Examples that would apply to column 2 Proposed Action will Induce 1,000 or more vehicle trips In any given hour. Proposed Action will result in the Incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an Increase In the amount of land committed to Industrial use. Proposed Action will allow an Increase in the density of Industrial development within existing Industrial areas. Other impacts: □□□yos □ no □□1 Ives □ nii □□CHyos □ no □□1 ivflg □ no □□□ybs □ no □□1 Iyss i 1 No IMPACT ON PLANTS AND ANIMALS 8. Wllj Proposed Action affect any threatened or endangered species?^[NO nVES]^N Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. n n C^Yes CDno Page 14 of 21 Small to Moderate Impact Potential Large Impact Can Impact Be Mitigated by Project Change Removal of any portion of a critical or significant wildlife habitat.□□C^Yes riNo Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. □l~l CHYes CDno Other impacts:□□^^Yes r^No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? I NO nVES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over ICQ years of age) or other locally important vegetation. Other impacts IMPACT ON AGRICULTURAL LAND RESOURCES Will Proposed Action affect agricultural land resources?1^0 □yes Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. n □ n^es nNo □ QYes nNo □ □ Yes n Dyss Dno n Oyss Qno □ □ Yes * \ Page 15 of 21 1 Small to Moderate Impact The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: n □ 2 Potential Large Impact Can Impact Be Mitigated by Project Change n n^es []no n [HYes □ No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visijal EAF Addendum in Section 617.20, Appendix 8.)'g[NO nYES Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: □ □ □ Dves □ No □ Yes Dno □ves □ No Dyos Dno IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance?Dyes Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. □ □ □ □ □ Yes □ No n n Yes □ n n Yes n No No Page 16 of 21 1 Small to Moderate Impact Other Impacts:□ 2 Potential Large Impact Can Impact Be Mitigated by Project Change □ Dves Dno IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities?J^NO QYES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. A major reduction of an open space Important to the community. Other Impacts: □□□ Yes riNo □□riYes 1 INo □□rHves Ono IMPACT ON CRITICAL ENVIRONMENTAL AREAS jy.. will Proposed Action Impact the exceptional or unique characteristics of a critical environmental area (CEA) established 1 pursuant to subdivision 6NYCRR 617.14(g)?jgJjO nYES List the environmental characteristics that caused the designation of the CEA Examples that would apply to column 2 Proposed Action to locate within the CEA? Proposed Action will result In a reduction In the quantity of the resource? Proposed Action will result In a reduction In the quality of the resource? Proposed Action will Impact the use, function or enjoyment of the resource? Other Impacts: □□niYes □ no □□n Yes □ no □□riYes □no □□CD Yes CD No □n Dyss □ no Page 17 of 21 1 Small to Moderate Impact IMPACT ON TRANSPORTATION 15. Will the^ be an effect to existing transportation systems?^NO gVES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. • Other Impacts: □ □ 2 Potential Large Impact □ Can Impact Be Mitigated by Project Change □ Yes □No rives Dves No CD No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ^NO Qyes Examples that would apply to column 2 • Proposed Action will cause a greater than 5% Increase In the > use of any form of energy In the municipality. , ^ • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: n □ NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ■;^o n^Es Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: [13 ^3 Yes ^3 No n Oyos Ono [D Dyos CD I □□Dves □ □□Oves □ □□riVes □ □□1 iVftfi □ □□Yes □ No No No No Page 18 of 21 * \ 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change IMPACT ON PUBUC HEALTH 18. Will Proposed Action affect public health and safety?□YES • Proposed Action may cause a risk of explosion or release of hazardous substances (I.e. oil, pesticides, chemicals, radiation, etc.) In the event of accident or upset conditions, or there may be a chronic low level discharge or emission. rives z o •Proposed Action may result In the burial of "hazardous wastes" In any form (I.e. toxic, poisonous, highly reactive, radioactive, irritating. Infectious, etc.) rives o •Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Dves oz □ •Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. □□Dves LJNo •Other Impacts:□□1 ivfts Ono i \IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NBGHBORHOOD 19. Will Proposed Action gffect the character of the existing community?□ NO Examples that would apply to column 2 The permanent population of the city, town or village In which the project Is located Is likely to grow by more than 5%. □riYas No •The municipal budget for capital expenditures or operating services will Increase by more than 5% per year as a result of this project. □rHves CIno •Proposed Action will conflict with officially adopted plans or goals. □□CUyes oz □1 •Proposed Action will cause a change In the density of land use.□r^Yps LmJ No •Proposed Action will replace or eliminate existing facilities, structures or areas of historic Importance to the community. □□riYes FIno •Development will create a demand for additional community D □□ves oz□ services (e.g. schools, police and fire, etc.) Page 19 of 21 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change Proposed Action will set an important precedent for future projects. □□o^es n^o Proposed Action will create or eliminate employment.□□□ ves FIno Other impacts;□C^Yes No as a Ph*hdij»ci( uca. .Vv tf»v»^Y/aK$^eA4^ftnuCi± #uU x^V/KcftvOi-^ fcrt»«*» -RM^A«hi«eg JAd. 4 Ti^»H<uv 20. Is there, or Is there likely to be, public controversy related to potential adversaenvironment impacts?^NO Qyes \ny Action in Part 2 is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of >act, Proceed to Part 3 Page 20 of 21 State Environmental Quality Review Part II - Description of Project Impacts and Their Magnitude Action: Enactment of a Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definition of Hospital and Regarding Permitted Uses in Conservation Zones Location: Conservation Zones, Town of Ithaca, N.Y. Lead Agency: Town of Ithaca Town Board Project No.: N.A. Description: The proposed action is the enactment by the Town of Ithaca Town Board of a local law that would amend the Zoning Chapter of the Town of Ithaca Code regarding definition of hospital and regarding permitted uses in Conservation Zones. The proposed local law would amend the definition of "hospital" and would add hospital as a principal use authorized by special permit only. The Conservation Zone currently allows other institutional xises, including schools, libraries, museums, day-care centers, nursery schools, and institutions of higher learning, all of which are subject to the development restrictions currently enumerated in the Conservation Zone (Chapter 270, Article V of the Town of Ithaca Code). The proposed Zoning amendment would affect all areas in the Tovm which are zoned Conservation Zone, including the recently enacted Indian Creek/Lake Slopes Conservation Zone located between Taughannock Boulevard and Trumansburg Road. The proposed action is a Type I action pursuant to the State Environmental Quality Review Act, > 6 NYCRR Part 617, and Town of Code, Chapter 148 - Environmental Quality Review, because the proposed action involves the adoption of changes in the allowable uses within any zoning district affecting 25 or more acres of the district (6 NYCRR Part 617.4.b.2). 19. Will proposed action affect the character of the existing community? Other. a. Briefly describe the impact: The revised definition of hospital simply clarifies that hospitals are intended for sick or injured "persons", and not applicable to animal or veterinary facilities (note: the Veterinary School and Hospital at Cornell would be considered permitted as educational facilities or institutions of higher learning). The addition of hospital as a principal use permitted in Conservation Zones by special permit only will allow limited expansion of Cayuga Medical Center in the recently enacted Indian Creek/Lake Slopes Conservation Zone between Taughannock Boulevard and Trumansburg Road. The Conservation Zone currently allows other institutional uses, including schools, libraries, museums, day-care centers, nursery schools, and institutions of higher learning, all of which are subject to the development restrictions currently enumerated in the Conservation Zone (Chapter 270, Article V of the Town of Ithaca Code). One of the main purposes of the Conservation Zone is to minimize environmental impacts fi:om future development to areas containing environmentally significant or sensitive lands. The Conservation Zone includes restrictions for development, including that buildings and other structures are not allowed on slopes 25 percent or greater, on or within 100 feet of wetlands, or o 1 1 within 50 feet of the centerline of streams. Additional guidelines include preserving existing native vegetation to the extent practicable, siting guidelines to preserve scenic vistas, and encouraging open space linkages to preserve wildlife habitats and biological corridors. Conservation Zones other than the recently enacted Indian Creek/Lake Slopes area include the Six Mile Creek Valley, South Hill Swamp area, Eldridge Wilderness, Buttermilk Falls and Treman State Parks, Lick Brook, Cayuga Inlet, and Sapsucker Woods Sanctuary. Based on the information above, impacts identified in this section can be considered to be small to moderate. Staff Recommendation. Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board « - Reviewer: Jonathan Kanter, Director of Planningjjc^^^^ Review Date: June 1,2006 ^ FileName: HospitalsinConsZonesEAFPartll June 12, 2006 Town Board Meeting ATTACHMENT #7 NEW YORK STATE DEPARTMENT OF STATEI 1 7 Ay TPilvn/irf NEW YORK STATE DEPARTMENT OF STATE^JmOCdl JbUW ruing 41 STATE STREET, ALBANY. NY 12231 I t U (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. CDuiity > JIHACA. Tbwn -Village Local Law No -9- of the year 20l-Q-^- A local law AMNPJNG .THE ^ (liuert Tide) MG4i®?NG..DEFINITJpN OF HO^ PERMITTED USES IN CONSERVATION ZONES Be It enacted by the - of the (Iferne ofLtfitladve Body) iTounty Town Village — of ITHACA as follows: SEE ATTACHED PAGE 1 DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) I I TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 2006 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFmiTION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Section 270-5 of the Town of Ithaca Code, entitled "Definitions," is amended by making the foUowing changes to the definition of HOSPp'AL: adding the word "overnight" before the word "occupation", striking the word "the" befoie the words sick or injured" and adding the word "persons" after the words "sick or injured", so that the defimtion reads as follows: "HOSPITAL - An establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes." Section 2. Article V (Conservation Zones), Section 270-12 of the Town of Ithaca Code, entitled "Principal uses authorized by special permit only," is amended by adding the wor "hospital" after the words "nursery school" in subparagraph B, so that this subparagraph reads as follows: "B. Public, parochial and private schools, public library, public museum, day-care center, nursery school, hospital, and any institution of higher learning mcludmg dormitory accommodations." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect upon publication of the local law or an 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. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) ;)I Jlnal adoption by local legislative body only.) I hereby certify that the local law annexed hereto, desimated as local law No -3. of 20-C16. of the (Coun^(City)(Town)(\^llago)<) was duly passed by the Jyj?N..BOAR^ Qjj.. Jk?-. 20 -"-9 in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'''.) I hereby certify that the local law annexed hereto, designated as local law No of 20- of the (County)(City)(Tbwn)(Village) of was duly passed by the - on 20 — , and was (approved)(not approved)(repassed after (Name ofLegislative Body) disapproval) by the - and was deemed duly adopted on 20 , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. /'^^Inal adoption by referendum.) 1 eby certify that the local law annexed hereto, designated as local law No of 20 f (County)(City)(Town)(Village) of was duly passed by the on 20— , and was (approved)(not approved)(repassed after ^ame {^Legislative Body) disapproval) by the on 20 Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (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 filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No - of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20— , and was (approved)(not approved)(repassed after (Name of Legislative Body) /v r disapproval) by the on 20— . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 20- , in accordance with the applicable provisions of law. \ ^tive Chief Executive Officer means or includes the chief executive officer of a county elected on a county- ^e basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) local law concerning Charter revision proposed by petition.) |by certify that the local law annexed hereto, designated as local law No of 20 ^ City of having been submitted to referendum pursuant to the provisions of ^on (36)(37) of the Municipal Home Rule Law, and having received the afflrmative vote of a majority of the ^(pialified electors of such city voting thereon at the (special)(general) election held on 20—, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20-—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in dicated in paragraph 3—, above. -——-y -Plrrlr nf tfin ^nimly IrgitlitiTft !TTttly, Cityi Ibwn oryillaga aerie I or officer designated by local legislative body \l) Pit- June 14. 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ATTORNEY FOR THE TOWN Title ^ - ITHACA CtJifnty> of Town Villagef :4^ Date: "LooC. (3) June 12, 2006 Town Board Meeting ATTACHMENT #8 TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www. town, ithaca. ny. us TOWN CLERK'S OFFICE PHONE (607)273-1721 FAX (607)273-5854 TOWN OF ITHACA NOISE PERMIT APPLICATION local - NAME/ORGANIZATION:V/cIh PERSONS .RESPONSIBLE FOR EVENT: \V)OU'' ADDRESS: PHONE NUMBER:' ADDRESS OF PROPOSED EVENT: gigS-f ^ ^0.4 PROPERTY OWNER:5^1 >c \^\\i r^ATE PROPERTY OWNER NOTIFIED;H{w|oU' ATE APPROVAL OF PROPERTY OWNER GIVEN: riME SCHEDULE OF PROPOSED EVENT:IW I (p "^'-OO bit/ts ESTIMATED NUMBER OF PERSONS ATTENDING EVENT: SIGNATURE OF PERSON RESPONSIBLE FOR EVENT: <^0 N REASONS FOR SUCH USAGE: lA)to\di(r^ 4- r£.ae-p^cv\ PLANS AND SPECIFICATIONS OF THE USE: \Ac\oor M\A.9l a - \2.\(yd -KrtlA)C>fK<; lOlQO- (QMS' ,,«A)^OISE ABATEMENT AND CONTROL METHODS TO BE USED: f L Town of Ithaca Noise Permit Approved May, 13, 2002 TB Resolution No. 2002-072 DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO THE ORDINANCE: f ^ > \Q \^\^ n 0:^ ^ d NAMES AND ADDRESSES OF NEIGHBORS NOTIFIED: rl tv/iUfni\ -jo K1ic}aL Ors. ,Hl Ia^p.o^-a aei-(W wXt/V AUTHORIZATION FOR PERMIT (From Town Noise Ordinance): "Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in discretion, is authorized to grant a permit for a specific waiver from the requirements of this Ordinance. St waivers shall be granted only in those circumstances where the applicant demonstrates that the waivei necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance . need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. A public hearing before the Town Board shall be held in connection with the application not less than five (5) days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit." Applicant must conform to all provisions set forth in the "Ordinance Regulating Noise in the Town of Ithaca". Please refer to the attached Noise Ordinance. THE UNDERSIGNED APPLICANT AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE, COMPLETE AND CORRECT: SIGNATURE OF APPLICANT:k/i tlx DATE: DATE APPLICATION RECEIVED BY TOWN CLERK: (i . /illi DATE APPROVED BY TOWN OF ITHACA TOWN BOARD: \Z. ZoOb RESOLUTION NUMBER GRANTING AUTHORIZATION FOR PER Mlf^Z-OCXs Town of Ithaca Noise Permit Approved May, 13, 2002 TB Resolution No. 2002-072 : :)■ A "(■ Li"]/-^^ ' l^H9 :i i -2, - -Z.O zi Auchkty - /i3-7 ^77 - C(Jl<lU^1 ^0 JU: Page 1 of2 ' \ Tee Ano Hunter From: Heather Mandeville [heather.mandeville@gmail.com] Sent: Wednesday, May 24, 2006 10:07 PM To: Tee Ann Hunter; Cathy; Herbert Engman (E-mail); Jeff Cowie (E-mail); Pat Leary (E-mail); Peter Stein (E-mail); Sandra Gittleman (E-mail); Will Burbank (E-mail) Subject: Noise Permit Application for Wedding - Fireworks Dear Board Members, I would like to thank you for taking the time to address the issue of my noise permit application at your upcoming June 12th Meeting; Ms. Tee-Ann Hunter has notified me that it is on your agenda. I am touching base in advance to assure that I provide sufficient information that will assist you in making a final decision when the time comes since your meeting is so close to the wedding (Friday, June 16th) for which I am seeking the permit. As you may be aware, we are applying for a noise permit in order to conduct a short fireworks display (approximately 10-15 minutes) during my wedding ceremony around 9:00 PM at Six Mile Creek vineyard, only a few miles from where I was bom and where my grandparents still live to this day. With the help of Six Mile Creek, we have already spoken with all of the neighbors, and have received verbal assurances fi-om all that they do not oppose the display. I would go ' as far as to say it will be an enjoyable experience for them. They are all on notice ^ oftheupcominghearingandknowthatshouldthey change their mind they should raise their objections at that time. While I understand that your permit concerns are with excessive noise pollution, I hope that the general support of the neighbors will make this an easier decision for you. It's also worth noting that one reason we picked Six Mile Creek over other venues - including my aunt's nearby property - is that Six Mile Creek is an exceptional location for a small fireworks display (the licensed technician we are working with actually explained that the layout of the property makes it exceptionally safe, and ideal for a beautiful show (at the time we first explored fireworks we had no idea of possible noise permit issues). We have also asked the technician to avoid excessive explosions and focus more on streaming color. Again, the show itself would be 10-15 minutes start to finish. The fireworks would start as soon as it's dark enough so as not to be held at an unreasonable hour. Please let me assure you that if we had any knowledge of a potential permitting issue we would have applied much sooner. I never would have taken the risk lightly that we might not be able to have fireworks had I known there was such a risk. We are using local caterers to put together a typical Ithaca BBQ with Comell chicken and Ithaca wine - and the fireworks are tmly an integral part to cap off this family event. I appreciate your understanding in this matter, and hope you will s seriously consider our request and grant this particular permit application for this particular day. 5/31/2006 Page 2 of2 Please let me know if there is any information that I can provide you with to aid you in your decision. ' ( Thank you. Sincerely, Heather Mandeville 571-232-8753 607-539-7668 (local number of grandparents) f I ' ; ^ n ( ) : \ 5/31/2006 June 12, 2006 Town Board Meeting ATTACHMENT #9 2007 Access Capital Budget [As approved by Access Oversight Committee 05/16/06] Editing Upgrade Premiere Computer Create second Premiere workstation Create fleet of 10 hard drives for users $2500 Playback Purchase 16-input video switcher compatible with NEXUS $3000 Purchase DVD player/changer Such as Sony DVP-CX777ES $518 Installation labor [40 hrs x $63.16/hr] $2526 Portable Purchase 2 DV field VCRs $2000 Purchase 1 Steadycam Jr. $700 Purchase 4 Lilon batteries $600 Purchase 4 Tripods $464 Studio Purchase 1 replacement camera cable $550 Purchase 1 replacement Kliegle Floodlight [scoop. Cat #3452] $300 Off-Site: ICSD Purchase 2 Sony EVI-D30 Cameras $3000 With wall mounts and cables- Off-Site: ACS Purchase 2 DV camcorders and Accessories [see request] $2100 Dubbing Purchase 1 Hard-drive DVD-burner $350 Subtotal $18,608 Add 10% tx/frt $20,468.80 Jun. 7. 2006 1 2:30PM Barney, Grossman, Dubow & Marcus No. 4008 P. 3 /.n PART 4) - IMPACT ASSESSMENT (To be completed by Lead Agency) DOES ACTION EXCEED ANYTYPE F THRESHOl-D IN 6 NYCRf^ PART 617.4? If yes, coordinate the review process and use the FULL EAF. , . BNo 3. WILL ACTION RECSVE COORDINATeO REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART 617.6? If No. a negative y declaration may be superseded by another Involved agency. QYes 12 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answer© may be handwritten, If legible) 01; Bdaiing air quaHly, surface or groundwater cpialiV or quantity, noise levels,.existing traffic pattern, solid waste produdion or dispose, potenfia! for erosion, drainage or flooding problems? E)q)Ialn briefly; None anatic^ated. Tliere will be a second cutb cut onto Route 34, but the presently planned subdivision of ajRpraxiinately 20 single J&mily lots wiU not generate traffic in excess of the amounts Route 34 should be able to handle. 02. Aesthetic, agricultural, arehaeolcglcal, historic, or other natural or cultural resources: or community or nelghbortiood character? Explain briefiy: None anticipated C3, Vegetaticn or fauna, iish, shellfish or wlldllle species, Bignfficant habltato, or threatened or endangered spedee? Explain briefly; None antic^ated. C4. A conmunlty's existing plarts or goals as offictaHy adt^led, or a change In use or intensify of use of land or other natural resources? Bcptstn briefly: None anticipated, except die land suirounding the road, which is pres^y basically vacant, will be susc^tible of being subdivided into single i&mily lots. 05. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly; None anticipated odier dian as set foith above. C6. Long term, short term, cumulatitfe, or other effoct© not identified In C1-C5? Explain briefly; None other than as set forth above. 07. Other Impacts (induding changes In use of either quantity or type of energy)? Explain briefly: None anticipated odier than as set forth above. I n - \D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARAOIERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (OEA)? Q Yes 12 No IfYes, explain briefly: E IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?□ Yes 171 No If Yes, explain briefly: PART ill. DETERMINATION OF SIGNIFICANCE (To be completed by Agency)INSTRUCTIONS: For each adverse effect Identified above, determine wh^er it is substantial, large, important or otherwise significant Eacheffect should be assessed in connection wHh its (a) setting 0.e- urban or rural); (b) prpbabiT^ of occuiring; (c) duration; (d) irreversibilihr: (s)geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Fratt II was checked yes. the deleimlnation of significance must evaluate the potential Impact of the proposed action on the environmental characteristics of the CEA. r~j Ctiedc this box If you have identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed diredly to tiie FULl EAF and/or prepare a positive declaration. 171 Chedt thisbox ifyou have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILLNOT result in any slgnlticant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinafron Southern Cayuga Lake latemnmicipal Water Conunissloii May 20,2006 Narne of Lead Agency Paul TunisoQ Date General Manager Print or Type Name of Responsible Oltioer in Lead Agency Title of Responsible Olficer ^ signature of Responsible Officer in Lead Agency Scgnatura ot Preparer (If ditteient from rasponsble officer) Supplemental Statement for Short Environmental Assessment Form related to Settlement Agreement settling Wilkenson-Bolton Road lawsuit ' \The above referenced lawsuit was commenced in 1969. It was based upon an agreement between Lucie Bolton and the Town of Lansing, pursuant to which Lucie Bolton agreed to transfer certain lands to the Town of Lansing in connection with the construction of a public water treatment plant. The conveyance included a parcel on which a water intake plant was to be constructed, as well as a strip of land for a road to provide access from Route 34 to the shore of Cajmga Lake where the water intake plant was to be located. The property to be conveyed was a portion of a larger parcel, the remainder of which was being retained by Lucie Bolton for ^her development. As part of the transfer agreement the Town of Lansing agreed to construct and dedicate a public road on the strip being conveyed to it The rights of the Town of Lansing were conveyed to a nominee of the Southern Cayuga Lake Intermunicipal Water Commission (the Commission') and the obligations of the Town of Lansing were assumed by the Commission* The lands were conveyed by Lucie Bolton, but the public road was, for a number of reasons, never constructed, A dirt road, servicing the Commission's needs to access the Water Intake Plant was built but it was not the equivalent of a public road. As a result, the successor to Lucy Bolton commenced a lawsuit seeking an order directmg the Commission or its constituent members to construct the road called for by the agreement. The kwsuit remained in a quiescent state for some 25 years, and was revived in 2004 by the successors to Lucie olton. Negotiations followed and a proposed settlement was reached which included construction of a somewhat different road than the one originally planned-instead of running from Route 34 down a subst^tial ^de to the Lake Shore, the road was reconfigured to run in a loop fashion, entering from Route and loopmg around to the north on a relatively flat parcel of land and rejoining Route 34 some 2,154 feet or so to the north. The cost of constructing the road in this configuration is considerably less, because the area over which the road is to be constructed is relatively flat, and because little or no blasting or other major ' ' earth-movmg appears to be required to construct it, as compared to the original road vMch to maintain ' ^es that don't exc^ those currently permitted by Ihe Village of Lansing, would have required significant blastmg to create switchbacks and other improvements to keep the grades within limits. The end result is far less construction activity, far less earth moving, and other such similar activities, with a much lesser impact on toe envnonment. The Settlement Agreement provides for the road to be constructed only after the subdivision to which the road relates is approved by the Village of Lansing in accordance with its normal procedures. Those procedures include the normal environmental review of not only the road and its cons^ction, but of the entire subdivision. It is anticipated that this review wUl occur in the next several months. However, due to the pendency of the lawsuit, and an appeal that of a lower court decision in the awsuit, which appeal is also pending and which appeal requires an immediate expenditure of funds to have the attorneys for the defendants draft briefs and perfect the appeal, in order to save all parties the substantial coste of pursumg a lawsuit, the parties have reached a tentative agreement for a settlement which, if such savmgs are to be effected, needs to be approved at this time. Since the original construction of the road was "ccrkoii^^ ^ adoption of toe State Environmental Quality Review Act (bEQR ), and smce toe proposed subdivision presently under consideration related to the proposed road consiste o approxhnately 21 large residential lots, and since the property is zoned for such purposes, and since the entire subdivision and related road will receive a comprehensive SEQR review as toe application proceeite toou^ the Village of Lansing subdivision review process, and since it is not anticipated that the affic that might be created by the development of the property and construction of the road will be significant, and certoinly will not exceed that which could result from the development of the property as a residential subdivision of a greater number of lots under the current zoning of the property, it is recommended that the Commission and its Member Municipalities make a determination of negative ^ ^ environmental significance of the proposed settlement and the related implementation of the settlement by toe construction of a road as provided by toe proposed settlement agreement. ' ^ June 12, 2006 Town Board Meeting ACrElVBAf ' ^ / ^ 4. 8. Chronology and Status ofCrossmore^etal. v. Town ofTtW.ATTACHMENT #13 ^SactSl^iTndLTe^^^^^^^ contract obligating Town to build road-Lucie Bolton dies September 21^972?^ fh complete the road to June 18, 1973. £S^d IlTito SCLIWC) all acknowledge^pumm d».«,»Vw.Ti'SS ^^7"""'"®'» im7SwiiS^iZs°S £Z7i9«37r'" ®= "'r m, XS^vTiTi'S^r Albm^^l^r^d-^, 2^1 decisioa The appeal papers must be filed in limitations Coi^ssion moved to dismiss on statute ofdismiss Tte s^ond^ofi!.^ heights, we also moved toclaim that plS SZT f ?® >'»' i'^'^tical. Both (when the road was sunnosed tn 1973 ISmonths. TheSraLawThe Village Law applies to any claims^iSo^va ' whether the Zl7^ be seS Se^r'tte°S®^ '°°°' i^sue his decision,consolidated and heard Tthe^^'e ttee."^ ^ Jun. 1. 2006 12:30PM Barney, Grossman, Oubow & Marcus No. 4008 P. 2 8ir,M Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only \ PART I - PROJECT INFORMATION (To be completed by Applicant or Prolect SponsoQ I \ > 1 1. APPLICANT/SPONSOR SouthoxA Caygua Intennunicipal Water Commission 2. PROJECT NAME Settl^eot of WiUceoson-Bolton Road lawsuit 3. PROJECT LOCATION: Municipality Village of Lansing County Tonqtons 4.. PRECISE LOCATION (Street sddress and read interaecticns, pronrMnent landmarks, etc., or provide map) Lansing tax parcel Number 42.1-1-37.2 olBf of Route 34 5. PROPOSED ACTION IS; 0 New □ Expansion □ Modiflcation/alleretion 6. DESCRIBE PROJECT BRIEFLY; Settlement of a lawsuit seeking to enforce a 1967 agreement to construct a roadway, which settlement Includes constructicroadway over the above tax parcel in part over the existing Bolton Road roadbase, and an approximately 2200 additionalreconnecting Bolton Road to Route 34, all of which is subject to subdivision approval and a separate environmental review 7. AIUIOUNT OF LAND AFFECTED: Inilially 5.165 acrea Ullimatelv 5.165 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?0 Yes n No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?n Resideirfial Q Industrial Q Commercial Q Agriculture Q Paik/Forest/Open Space (3 Other Describe; Vacant resid^tiai land 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? 13 I J No If Yes, list agency(s) nams and permit/approvals: Village of Lansing Planning Board subdivisxcm appioval NTS D^aitment of Tran^ortatioa Curb Qit permit 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? □ Yes No IfYes, list agency(s) name and permit/approvals; 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APFROVAL REQUIRE MODIFICATION?pi Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGEApplicant/sponsor name: SoutbemCayugaLakelntermunicipal Water Commission Dale: May 20,2006 Signature: If the action is in the Coastal Area, and you are a state agency, complete theCoastai Assessment Form before proceeding with tnls assessment ! ^ 3 OVER June 12, 2006 Town Board Meeting ATTACHMENT #12 AMENDMENT TO AMENDED, SUPPLEMENTAL, RESTATED, AND CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION, FINANCING AND OPERATION OF AN gNTER-MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM ■' "I I 1^S_tSfflS AMENDMENT TO AGREEMENT AMENDED, SUPPLEMENTAL, RESTATED,2«©^eNS0LIDATED AGREEMENT OF MUNICIPAL COOPERATION is made as of this _ day of , 2006, between die TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own behalf and on behalf of the water districts located within the Town of Dryden and set forth on Schedule A hereto (hereinafter referred to as "Diyden"), the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York, on its own behalf and on behalf of the Townwide water benefitted area of the Town of Ithaca (hereinafter referred to as "Ithaca"), the TOWN BOARD OF IHE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf of the Town of Lansing Consolidated Water District (the Town of Lansing and such district are hereinafter collectively referred to as "Lansing Town") the VILLAGE OF LANSING, Tompkins County, New York (hereinafter referred to as "Lansing Village"), and the VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York (hereinafter referred to as "Cayuga Heights"), all of the parties hereto sometimes collectively or individually referred to hereinafter "Municipalities" or "Municipality'. WTTNESSETH: WHEREAS, Dryden (then acting on its own behalf and on behalf of Dryden Water District 1), Ithaca, Lansing Town (then acting on its own behalf and on behalf of McKinneys Water District), Lansing Village and Cayuga Heights executed an Amended, Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and Transmission System as of June 5,1979; and WHEREAS, said agreement has been amended and supplemented on several occasions since its execution (the original agreement, the amended and restated agreement, and all amendments thereto hereinafter being collectively referred to as the "Intermunicipal Agreement"); and WHEREAS, the Intermunicipal Agreement created the Southem Cayuga Lake Intermunicipal Water Commission (the "Commission") which supervises the operations of the Bolton Point Water Treatment Plant and Water Transmission System (the "Bolton Point Water System"); and WHEREAS, it is generally understood by the Municipalities that no Municipality may sell water outside its boundaries without the consent of the other Municipalities; and WHEREAS, by Agreement Ithaca was authorized to sell a specified volume of water to water districts in the Town of Ulysses; and WHEREAS, Ithaca has been approached by a resident of the Town of Ulysses whose property adjoins the Town Line between Ulysses and Ithaca, and in fiont of whose property a water Ewms water stqipfy Amendments; wp80; Ikd; JCB scliwc, Jtaie 2,2006 6:7pm • ' \lint* liqg already been inadvertently constructed due to a misunderstanding by the contractor domg ^ ^ the construction as to the actual location of the boundary line between said two towns; and WHEREAS, water can be provided to such resident without the construction of any further municipal water mains; and WHEREAS, the Bolton Point Water System has more than ampleoap^ity to provide water to said resident without jeopardi2dng its ability to provide water to die residents of the Municipalities; and WHEREAS, Ithaca is wUling to provide water through its system to said resident if the other Municipalities consent to Ithaca doing so; NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. There is added to the Intermunicipal Agreement anew section, to be numbered 18B, reading as follows: "18B. Sale of Water to Individual Customers outside a Mimicipalitv's Boundary. Notwithstanding any other provision of this agreement, in so far as is permitted by law, the Commission may provide water to a member Municipality for such membCT Municipality to sell to customers located outside the boundaries of such t \ member Municipality (an "Outside Customer") but only upon the consent to such * sale by all of the member Municipalities, such consent to be evidenced by an % Amendment to Schedule C to the Intermunicipal Agreement stating the parcel or parcels to be served, the mflvimnT" amount of water per day to be provided, and such other terms as the parties may mutually determine are necessary. Any such sales and any contracts related to such sales shall, at a minimum, include the following: A. The member Municipalities will retain all ri^ts provided by the Intermunicipal Agreement including the ri^t to further amend and supplement the Intermunicipal Agreement A possible future amendment or supplement to the Intermunicipal Agreement could increase or decrease the tot^ number of gallons per day to be sold to an Outside Customer. A decrease in the number of gallons per day may become necessary in the event that the ability of the Commission to provide the amount of water becomes questionable. B. Except as expressly modified by this section of the Intermuncipal Agreement, each of the terms and provisions of the Intermunicipal Agreement will apply to the sale of water to a member Municipality for re-sale to an Outside Customer. Except as expressly amended by the terms and provisions of this section, all other terms of the Intermunicipal Agreement will remain in full force and effect and will be ' i binding upon the parties hereto in accordance with the terms thereof.I \ Evans water suppty Amendments; wp80; Hal; JCB scltwc, Jttne 2,2006 6:7pm Schedule A 1. Water districts located in the Town of Dryden Dryden Water District #1 - Varna area Dryden Water District #2 - Snyder Hill area Monkey Run Water District - Water District No. 3 Hall Road Water District - Water District No. 4 Turkey Hill Water District - Water District No. 5 Schedule C Authorized Agreements to Provide Water to Outside Customers 1. Agreement of the Town of Ithaca with Edward A. Evans and Brenda A. Evans, their successors and assigns, to provide water to Town of Ulysses Tax Parcel Number 31.-2-29 with a maximum number of 1000 daily gallons for a term of not more than 30 years. / 11 Evem'watermg^ilyJbaendmentS; v/p80;HdI;JCBKtiwc, JuneX 20066:7pm / STATE OF NEW YORK COUNTY OF TOMPKINS On the day of personally appeared ss.: ■vnasORCSSssesseis _ in the year 200 before roe, the undersigned, personally known to roe or proved to roe on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and ttiflf by his/her/dieir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument / STATE OF NEW YORK COUNTY OF TOMPKINS On the day of personally appeared ss. Notary Public in the year 200 before roe, the undersigned, personally known to me or proved to roe on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me thathe/she/they executed the same inhis/her/their capacity(ies),^nH that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument STATE OF NEW YORK COUNTY OF TOMPKINS ss. Notary Public On the day of in the year 200 before roe, the undersigned,personally appeared personally known to roe or proved to roe on the basis of satisfactory evidence to be the individual(s) whose naro^s) is (are) subscribed to the within instrument and acloiowledgedto me thathe/she/tbey executed the same inhis/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the mdividual(s), or the person upon behalf of which die individual(s) acted, executed the instrument Notary Public Events water supply Amendments; vpSO; Hal; JCB scliwc, June 2,2006 6:7pm STATE OF NEW YORK COUNTY OF TOMPKINS ss. I i I 1 On the day of.in the year 200 before me, the undersigned, personally appeared personally laiown to me or proved to me on the basis of satisfactory evidence to be the individual(s) vhose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bis/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STATE OF NEW YORK COUNTY OF TOMPBCINS ss. Notary Public On the day of. personally appeared in the year 200 before me, the undersigned. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument / \ \ STATE OF NEW YORK COUNTY OF TOMPKINS ss. Notary Public On the day of.in the year 200 before me, the undersigned, personally appeared ^ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public I \ 10 Evans water si^fy Amendments; wpSO; HaH; JCBsdiwc, June 2,2006 6:7pm / / > ' \ /^S miAGE OF LANSING ON BEHALF OF SUCH VILLAGE AND AS SUCCESSOR TO LANSING WATER DISTRICT 1 By: Mayor Evans water stppfyAmendmerUS; wp80; Hal; JCB scliwc, June 2,2006 6:7pm STATE OF NEW YORK COUNTY OF TOMPKINS ss. On the day of.in the year 200 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactoiy evidence to be the mdividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument STATE OF NEW YORK COUNTY OF TOMPKINS ss. On the day of. personally appeared Notary Public in the year 200 before me, the undersigned, personally known to me or proved to me on the basis of satisfactory evidence to be the iadividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the individual(s), or the person upon behalf of A^ch the individual(s) acted, executed the instrument ' \ I 1 N STATE OF NEW YORK COUNTY OF TOMPKINS ss. On the day of. Notary Public in the year 200 before me, the undersigned, personally speared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their capacity(ies), and that by bis/her/their signature(s) on the instrumcit, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public r ) f \ ' \ Evans viMer stqipfy Amendments; wp80; Hal; JCBsdtwc, June 2,2006 6:7pm \ Municipality and an Outside Customer will not exceed thirty years. However, it may provide for the parties to attempt to negotiate an extension or renewal of the agreement if the parties are so advised. P. Hie Outside Customer will indemnify and hold harmless the Commission and the membw Mumcipalities, and their respective Commissioners, oflBcers, agents, contractors and employees, from any and all losses, claims, costs, disbursements or expenses (including experts fees and attorneys fees) arising out of the sale of water pursuant to this section except to the extent that it is found by a court of competent jurisdiction by final judgment after litigation that the loss was solely as a result of the negligence or willful wrongfiil ^t of the Commission. Q. The Outside Customer or Municipality serving the Outside Customer will pay the reasonable expenses of the Commission in drafting and executing an agreement for the provision of water service, including reasonable attorneys' fees. R. The member Municipalities and Commission hereby consent to the agreements for providing water to Outside Customers set forth on Schedule C entitled "Authorized Agreements to Provide Water to Outside Customers" annexed hereto, as the same may be amended from time to time. IN WITNESS WHEREOF, the parties have executed ihis amendment to the hitermunicipal Agreement as of the day and year above written. TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF THE WATER DISTRICTS IN THE TOWN OF DRYDEN SET FORTH ON SCHEDULE A ATTACHED Evans -water siq>pfy Amendments; wp80; Hal; JCB scliwc, June 2,2006 6:7pm TOWN BOARD OF THE TOWN OF ITHACA VILLAGE OF CAYUGA HEIGHTS By:_ Mayor 6 n \ s TOWN BOARD OF THE TOWN OF LANSING O ON BEHALF OF THE TOWN OF LANSING AND / , ON BEHALF OF THE WATER DISTRICTS IN ' ^ THE TOWN OF LANSING SET FORTH ON \ SCHEDULEA Evans water stq^Jy Amendments; wp80; Hal; JCB scliwc, June 2,2006 6:7pm / / s t , C. The sale of water to an Outside Customer shall be subject to the applicable member Municipality and the Outside Customer entering into an agreemait mutually satisfactory to eac h of tiiem and to the Commisision prior to any water service being provided to such Outside Customer. D. The member Municipality selling water to the Outside Customer wiU be responsible for the quality of the water from the point it enters the member Muncipality's distribution system to tiie point at which it enters the Outside Customer's service connection except to the extent the member Municipality has contracted with the Conunissionto maintain such meniber Municipality's system and the failure of quality of the water is as a result of the Commission's negligence or wrongful willful act E. The Outside Customer will be responsible for the quality of the water once it enters the water service system of the Outside Customer and for its quality throughout the Outside Customer's system once it leaves the Municipality's system. F. The Outside Customer will operate his or her water system in accordance with, and wiU comply in aU respects with, aU aapplicable United States Environmental Protection Agency, New York State Department of Health, New York State Department of Environmental Conservation, and Commission rules and regulation. G. There shall be instaUed a meter at the Outside Customer's premises and a shut-off valve at the point where the member Municipality's water line connects to the Outside Customer's system, or at a location as close as possible to such point as is mutually agreeable to the member Municipalityi the Outside Gustomer^ and the Commission. Such instaUation shaU be made by the Commission at the expense of the Outside Customer. Such meter shaU be the basis for billing for water suppUed to the member Municipality and to the Outside Customer. The member Muncipality or the Commission shaU arrange to read such meter at agreed upon intervals, or, failing agreement, at quarterly intervals. H. The Commission and the member Municipality reserve the right to suspend the supplying of water to the Outside Customer in the event the Outside Customer fails to comply with all applicable federal, state, and local laws, or the Commissions's rules and regulations, or foils to pay for water furnished to the Outside Customer. I. The member Municipality will be billed for water siq)plied to it by the Commission for sale to the Outside Customer at the rate set forth in the water rate schedule annexed to the Intermunicipal Agreement, being the Evans yvater siqjpfy Amendments; wpSQ; Hal; JCB scltwc, June 2,2006 6:7pm same rate charged to all Member Municipalities by the Commission. The ^ member Municipality agrees to pay all of such charges in accordance with the Intermunicipal Agreement as if the charges were charges for service to customers within the boundaries of the memb^ Municipality. Nothing herein is intended to preclude the member Municipality fiom billing and collecting the same, or greater (within reason), amounts jfrom the Outside Customer. At the option of the Commission, a portion of the amounts received by the Commission for such water may be placed in a Capital Capacity Replacement Reserve Fund or similar fund established for the purpose of building additional water treatment and transmission capacity in the future. J. The parties reserve the ri^t to change the Water Rate Schedule (Exhibit I to the Intermunicipal Agreement) by unanimous mutual agreement. If the Water Rate Schedule is changed, the amounts chargeable by a member Municipality to its Outside Customer may be adjusted accordingly. K. Each member Municipality will determine the rate it charges its Outside Customers for water unless the parties agree otherwise when consenting to the sale of such water. i \ L. The member Municipality selling water to an Outsilde ' ^ Customer will guarantee to the other member Municipalities party to the N Intermunicipal Agreement that it will pay quarterly all Commission bills delivered to it for water it supplied to Outside Customers. M. In the event the capacity ofthe Commission's facilities or a member Municipality's water system is diminished for any reason whatsoever, temporarily or long-term, any agreement with an Outside Customer shall include the agreement of such Outside Customer that water will be supplied first to the customers ofthe member Municipalities residing within the bounds of the member Municipalities before being supplied to Outside Customers. If necessary to provide water to the member Municipalities, the Commission and/or a member Municipalty providing water to Outside Customers may suspend siq>plying of water to Outside Customers until such capacity is restored. N. The Outside Customer will not supply or re-sell any water obtained from the Commission's facilities to any third party municipality or other customer unless the member Municipalty providing the water to the Outside Customer and the Commission approve that supply and the terms of that supply in writing prior to the occurrence of any such re-supply or sale. O. The term of the water supply agreement between a member f V ' \ June 12, 2006 Town Board Meeting ATTACHMENT #11 AGENDA# l"? Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca 2. Project Name Amendment to SCLIWC Agreement for Outside users Evans water service agreement 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Town wide water service area 1101 Taughannock Blvd. Tax Parcel Number: Ulysses 31.-2-19 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? X 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Modification of the Intermunicipal Agreement to allow member municipalities to supply water to customers outside of the municipality boundaries. In the Town of Ithaca the request from Evans for water service from the water main that is adjacent to his property at 1101 Taughannock Blvd in the Town of Ulysses. A water district does not serve that property. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected: ■tially (0-5yrs) Acres (6-lOyrs) (>10 yrs) 3 Acres How is land zoned presently? jsidential 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new:Public Road? YES NO X_ Public Water? YES NO_X Public Sewer? YES NO_X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Tvpe)^^'^b^^of Ithaca D^iel Walker. Director of Engineering f ( Signature and Darec.^-jir'V f'V—^ Uj f tf i PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: / t None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: I None Anticipated. Cl. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly; E. Comments of staff , CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency /4*reparer's Signature(lf different from Responsible Officer) Will Burbank, Deputy Town Supervisor Catherine Valentino. Town Supervisor Name & title of Responsible QfficwTn Lead Agency Signature of Contributing Preparer Signature of Responsible Officer in L^d Agency DATE: June 12, 2006 ' ^ June 12, 2006 Town Board Meeting ATTACHMENT if 10 TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 WWW. town. ithaca. ny. us TOWN CLERK'S OFFICE PHONE (607)273-1721 FAX (607)273-5854 TOWN OF ITHACA NOISE PERMIT APPLICATION . NAME/ORGANIZATION: C^Oa% Mumi-T^ looJllcr PERSONS RESPONSIBLE FOR EVENT: fkA-Mryc ADDRESS: C/a PHONE NUMBER: ADDRESS OF PROPOSED EVENT: / TU ^ a M C.o/^e&jr PROPERTY OWNER: i rf-fA e. jt. {m4J " ts>cX.£G>S ^■E PROPERTY OWNER NOTIFIED: »>""/Sf/e>C ; TE APPROVAL OF PROPERTY OWNER GIVEN: . / AM ^ AM 1>A7'£TIME SCHEDULE OF PROPOSED EVENT: -iuLu ? ^ ^ •• sr ESTIMATED NUMBER OF PERSONS ATTENDING EVENT: 4 , SIGNATURE OF PERSON RESPONSIBLE FOR EVENT: REASONS FOR SUCH USAGE: S'^'^ iTU-Ae.A P t fi-i'Moje/tr SMoiM PLANS AND SPECIFICATIONS OF THE USE: Sgg. A^ArJ/£-X> r^lSE ABATEMENT AND CONTROL METHODS TO BE USED: ' Ato/s ^ /£> ~ Town of Ithaca Noise Permit Approved May, 13,2002 TB Resolution No. 2002-072 DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO THE ORDINANCE: ^ ' ' 1 I \ ■J s NAMES AND ADDRESSES OF NEIGHBORS NOTIFIED: Aie.lC.Ml.AofiX Su KA-c>/fs ^2> AUTHORIZATION FOR PERMIT (From TowH Noise Ordinance): .r\"Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in^ ^ discretion, is authorizecf to grant a permit for a specific waiver from the requirements of this Ordinance. S. waivers shall be grarfted only in th'ose circumstances where the applicant demonstrates that the waive.:heees6ary*for a va//of purpose, that the proposed waiver is the minimal intrusion needed, that on balance need for and benefits oHhe Waiver outweigh the heeds^and rights of the surrounding neighbors to a peaceable and quiet environment A public hearing before the Town Board shall be held in connection with the application not less than five (5)days after publipation of notipe of such ^hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit." Applicant must conform to aii provisions set forth in ^the ^"Ordinance Regulating •Noise in the Town of Ithaca". Please refer to the attached Noise Ordinance. THE UNDERSIGNED APPLICANT AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE, COMPLETE AND CORRECT: SIGNATURE OF APPLICANT: , DATE: DATE APPLICATION RECEIVED BY TOWN CLERK; DATE APPROVED BY TOWN OF ITHACA TOWN BOARD: RESOLUTION NUMBER GRANTING AUTHORIZATION FOR PERMIT: • . ^ Town of Ithaca Noise Permit Approved May, 13,2002 TB Resolution No. 2002-072 / \ > \ Jun. 7. 2006 1 2:30PM Barney, Grossman, Dubow & Marcus No. 4008 P. 4 Supplemraital Statement for Short Environmental Assessment Form related to Settlement Agreement settling Wilkenson-Bolton Road lawsuit The above referenced lawsuit was commenced in 1969. It was based upon an agreement between Lucie Bolton and the Town of Lansing, pursuant to which Lucie Bolton agreed to transfer certain lands to the Town of Lansing in connection with the construction of a public water treatment plant. The conveyance included a parcel on which a water intake plant was to be constructed, as well as a strip of land for a road to provide access fiom Route 34 to the shore of CayngaLake \riiere die water intake plant was to be located. The properly to be conveyed was a portion of a larger parcel, the remainder of which was being retained by Lucie Bolton for further development As part of the transfer agreement the Town of Lansing agreed to construct and dedicate a public road on the strip being conveyed to it, The rights of the Town of Lansing were conveyed to a nominee of the Southern Cayuga Lake Mtermunicipal Water Commission (the "Commission") and the obligations of die Town of Lansing were assumed by the Commission. The lands were conveyed by Lucie Bolton, but die public road was, for a number of reasons, never constnicted. A dirt road, servicing the Commission's needs to access die Water Intake Plant was built, but it was not the equivalent of a public road. As a result, the successor to Lucy Bolton commenced a lawsuit seeking an order directing die Commission or ite constituent members to construct the road called for by the agreement. The lawsuit remained in a quiescent state for some 25 years, and was revived in 2004 by the successors to Lucie Bolton. Negotiations followed and a proposed settlement was reached which included construction of a somewhat different road than the one originally planned-instead of ruiming foom Route 34 down a substantial grade to the Lake Shore, the road was reconfigured to run in a loop fashion, entering from Route 34 and looping around to the north on a relatively flat parcel of land and rejoining Route 34 some 2,154 feet or so to the north. The cost of constructing the road in this configuration is considerably less, because the area over which the road is to be constructed is relatively flat, and because little or no blasting or other major earth-moving appears to be required to construct it, as compared to the original road which to maintain grades that don't exceed those currently permitted by die Village of Lansing, would have required significant blasting to create switchbacks and other improvements to keep the grades within limits. The end result is far less construction activity, for less earth moving, and other such similar activities, with a much lesser impact on the enviromnetit. The Settlement Agreement provides for the road to be constructed only after the subdivision to which the road relates is approved by the Village of Lansing in accordance with its normal procedures. Those procedures include the nonual environmental review of not only the road and its construction, but of the entire subdivision. It is anticipated that this reriew will occur in die next several months. However, due to the pendency of the lawsuit, and an appeal that of a lower court decision in the lawsuit, which appeal is also pending and which appeal requires an immediate expenditure of funds to have the attorneys for die defendants draft briefs and perfect the appeal, in order to save all parties the substantial costs of pursuing a lawsuit, the parties have reached a tentative agreement for a settlement which, if such savings are to be effocted, needs to be approved at this time. Since the original construction of the road was actually agreed upon in 1969, or well prior to the adoption of the State Environmental Qualify Review Act ( "SEQR"), and since the proposed subdivision presently under consideration related to the proposed road consists of approximately 21 large residential lots, and since the property is zoned for such puiposes, and since the entire subdivision and related road will receive a comprehensive SEQR review as the application proceeds through the Village of Lansing subdivision review process, and since it is not anticipated that the trafQc that might be created by the development of the property and construction of the road will be significant, and certainly will not exceed that which coi^d result from the development of the property as a residential subdivision of a greater number of lots under the current zoning of the property, it is recommended that the Commission and its Member Municipalities make a determination of negative environmental significance of the proposed settlement and the related implementation of die settlement by the construction of a road as provided by the proposed settlement agreement. < / TOWN OF ITHACA Public Works Department's Monthly Board Report May for the June 12,2006 Meeting ROADS: ^ We completed installation of storm sewer on Qiristopher Lane. Lawn restoration remains to be completed. ^ Guide rail was extended on Sand Bank Road. We installed cold mix pavement on Max's Drive, Longview Road, Briarwood Drive, and a portion of Calkins Road. Prior to paving, ditches were cleaned and rebates were cut to match into intersections and driveways. Shoulder material will be installed later this summer. ^ Inventory labels were put on all street signs to help track signs in our database. Traffic counters were put out. -/ We replaced a large diameter road-crossing pipe on Woodgate Road requiring riprap retaining walls and re-grading on both sides of the road. Landscape restoration included topsoiling, seeding, and mulching on mowed lawn areas and application of woodchip mulch on no- mowed banks. Our initial pass around all Town roads was made with our roadside mower. ^ We began ditching along the roads in the Southwoods housing development where needed. ' We hauled several pieces of equipment for other municipalities and sent our flowboy trailer ^ with operator to assist the Town of Lansing with paving. Materials were hauled for various stockpiles. Several seasonal laborers began working after orientation and safety presentations. ^ New antenna cables were installed for our two-way radios and base station to improve operations. ^ Several lawn repairs were done to fix snowplow damaged areas. PARKS AND TRAILS: v Tutelo Park site work included: o Installing drains aroimd the comfort station and infield, o Mulching banks around parking lot. o Installing base gravel and posts for picnic pavilion, o Assembling bleachers on a gravel pad. o Bathroom fixtures were installed in the comfort station o Ball field infield and warning tracks were skinned. v Two mowing crews have been deployed to keep up with the grass at park, trail, tank, and pump station sites. Frequent rains this spring contrast with the drought we experienced last year at this time. Seasonal laborers were added to our mowing crews. ' ^ v The area selected for the Raffensburger gazebo was filled and graded in preparation for ^ having the structure delivered in June. Final grading and plantings will then be finished. v Greg Colucci, a resident from Tudor Road, completed his Eagle Scout community service project at the parking lot for the Pew Trail. Greg constructed and installed a sign saying "Welcome to Eastern Heights Neighborhood" on a berm, which we installed to help screen the view of the future parking area. Greg and his scout volunteers also spread topsoil over the berm, planted 48 trees and shrubs, fertilized, watered, and mulched the entire berm. This , ^ project was a nice addition to our parking lot. We installed a commemorative sign for Ed Conley, which was mounted on a boulder for a dedication ceremony at the City's Conley Park behind the Sciencecenter. Extensive work was done trimming back brush and trees along the entire 3.3 miles of the South Hill Recreation Way in preparation for the Finger Lakes Runners Club annual 5-10 K race held on the Saturday before Memorial Day. Work continued on the final section of the Pew trail from Joanne Drive to Tudor Park after easements were signed for two properties we cross. Trees were cleared, brush was bush hogged, and pipe purchased for the stream crossing. More perennials were planted in front of Town Hall purchased from the beautification grant we received last year. WATER: > Lawn repairs were done for last winter's water main breaks. > We repaired a water main break on Pine Tree Road. > We hydroseeded the T-main off Stone Quarry Road where we had improved the ditch and re-graded the future trail bed. > We weedwhacked around many of the hydrants which needed clearing. > Daily inspections at Overlook and the East Hill Water Tank were performed. ' ^ SEWER:\ n Weekly pump station checks were performed. n Two sewer plugs were fixed on Slaterville Road. Plugs were vacuumed out and lines flushed with our jet rod. n New survey equipment and GPS units were purchased. The vendor provided two days of training. Projects to be worked on in Tune: 1. Tutelo pavilion construction. 2. Install infield and warning track materials at Tutelo ball field. 3. Continue work on last section of Pew Trail. 4. Finish East Hill Water Tank. 5. Hot patching for water breaks, snowplow damage, and preparation for roads to be surface treated. 6. Continue park and roadside mowing. 7. Install Raffensberger Gazebo. 8. Finish spring lawn repairs and seeding. 9. Continue ditching. 10. Sign Work. ' n 11. Inspection on Cornell's sewer installation at Forest Home Drive. ^ 1 ghk June 12, 2006 Town Board Meetine TOWN CLERK'S MONTHLY REPORT OF ITHACA, NEW YORK 7 THE SUPERVISOR: ATTACHMENT if 14 MAY, 2006 PAGE 1 J uant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received ne in connection with my office during the month stated above, excepting only such fees and moneys the apDlication u..id oavment of which are otherwi'?e nrnviHf»H fnr hv T nw A1255 18 MARRIAGE LICENSES NO. 06026 TO 06043 315.00 5 MISC. COPIES 23.55 8 TAX SEARCH 40.00 3 MARRIAGE TRANSCRIPT 30.00 TOTAL TOWN CLERK FEES 408.55 A1556 1 SPCA CONTRACT 30.00 TOTAL A1556 30.00 A2544 DOG LICENSES 332.90 TOTAL A2544 332.90 B2110 30 BUILDING PERMIT 26,575.00 5 BUILDING PERMIT EXTENSIN 575.00 s 4 FIRE SAFETY INSPECTIONS 250.00 /2 SIGN PERMITS 246.00 2 TEMP CERTIFICATE OCCUP 2,150.00 TOTAL B2110 29,796.00 B2115 1 SUBDV. REV. FINAL PLAT 160.00 1 SITE PLAN FINAL PLAN 200.00 1 ASS. MTG. FEE P.H. PROCE 50.00 TOTAL B2115 410.00 f \ TOWN CLERK'S MONTHLY REPORT MAY, 2006 page 2 N DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND PAID TO SUPERVISOR FOR PART TOWN FUND PAID TO COUNTY TREASURER FOR DOG LICENSES PAID TO AG & MARKETS FOR DOG LICENSES PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 771.45 30,206.00 65.10 12.00 405.00 TOTAL DISBURSEMENTS 31,459.55 \ JUNE 1,2006 CATHERINE VALENTINO , SUPERVISOR STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, 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 for by law. Subscribed and sworn to before me this Town Clerk day of.20 Notary Public :n DA #31 b.. BARNEY, GROSSMAN. DUBOW & MARCUS , Attorneys At Law y s SENECA BUILDING WEST SUITE 400 Facsimile Jo,... C. Barney SENECA STREET (607) 272-8808 ITHACA. NEW YORK H850 (NOT FOR service of PAPERS) Randall B. Marcus Jonathan A. Orkin (607) 273-6841 Kevin A. Jones May 8,2006 - - - • • • / ^ IT) HAND DELIVERED i r ' f ii7i i ® n r w ^\\ in11 Dirk A. Galbraith, Esq. : ^ ^ |' j Holmberg, Galbraith, Van Houten & Mller • | ; 200 East Buffalo Street Arr Vr* 1 r-i^rrh C! I Suite 502 ^— —^ Ithaca, New York 14850 ^ Re: Wilkinson - Crossmore, et al. v. Town of Ithaca - Southern Cayuga Lake Intermunicipal Water Commission, et al. Dear Dirk: I reviewed the proposed Stipulation and Settlement Agreement after our discussions on Friday afternoon. You may recall that you indicated Mr. Crossmore was not able to obtain insurance for indemnifying the Commission for losses it might incur arising out of the use of the Lake Access Road by residents of Mr. Crossmore future subdivision walking to the lake. As a result, Mr. Crossmore has indicated a willingness to proceed with the settlement by deleting any grant of a right to use that right of way from the agreement. Accordingly, we have deleted paragraph 14 and changed cross-references in the following paragraph (subsections (a) and (b)) from "the preceding three paragraphs" to "the preceding two paragraphs". This also necessitated re-numbering all paragraphs subsequent to the old 14. Also, in reading through the agreement (hopefully for the final time), I realized that we had not changed the reference to 4500 feet in paragraph 1 to the accurate number 4583.64 feet. Finally, the last page with substantive materials on it was modified by adding a reference to the commencement of the signatures on the following page. Enclosed are ten copies of the agreement as so modified. Also enclosed for your reference are copies of pages 2 and 10-15 of a highlighted version of the agreement showing the changes from the last version submitted to you. May 8, 2006 Page 2 Would you now please arrange to have all ten copies signed by your clients and returned ' to me? I am simultaneously delivering ten copies to Mr. Tunison with the request that he ' \ circulate those among the five municipalities and the Commission. When we have our ten done, we can exchange copies. We will need a copy for each member municipality, a copy for the Commission, a copy for filing with the court, and a copy for us, or a total of eight copies. If you need more than two copies, please let me know so that we can arrange to have the necessary number of copies signed all at once. Thanks for your help in connection with this matter. With best regards. Sincefgty yfiurs, JCB:sls Enclosures xc: (w/copy of revised agreement and highlighted pagj H. Michael Newman, Chair/Commission Catherine Valentino, Supervisor/T. Ithaca ' Paul Tunison, SCLIWC General Manage Susan Brock, Esq. Guy K. Krogh, Esq. ' Mahlon R. Perkins, Esq. David A. Dubow, Esq. John Moss HinchclifF, Esq. William J. Troy, Esq. Thomas S. D'Antonio, Esq. / 1 ' 1 • Building and Zoning Monthly Report 5/1/06 Until 5/31/06 Building Permits / BP#Date 6584 5/1/2006 6583 5/1/2006 6585 5/5/2006 Value Description $2,250.00 Reroof single-family home $10,000.00 Reroof house $7,400.00 Reroof house and attached garage fee category $25.00 renovations to residential $45.00 renovations to residential $45.00 renovations to residential 6586 5/8/2006 $925,000.00 Masonry restoration of exterior fagade $1,500.00 business 6587 5/8/2006 $15,000.00 Remodel kitchen 6589 5/8/2006 $95,000.00 New two-family residence 6588 5/8/2006 $1,000.00 Demolish single family 6592 5/9/2006 $30,000.00 Construct roof over existing and construct 76 square foot addition $60.00 renovations to residential $200.00 new two-family homes $25.00 miscellaneous $70.00 additions to residential ^6590 5/9/2006 $25,000.00 Convert utility building into single-family $70.00 conversions of use 1 home 6591 5/10/2006 $1,100,000.00 Renovations to Boothroyd Hall 6595 5/12/2006 $698,600.00 8 unit multiple dwelling 6596 5/12/2006 $7,000.00 Replace front porch with stone porch 6594 5/12/2006 $1,500.00 8'x10'informational pavilion $2,000.00 business $1,000.00 new multiple residences $45.00 renovations to residential $25.00 business $35.00 renovations to residential 6593 5/12/2006 $4,500.00 Reroof single-^mily home 6597 5/18/2006 $6,556.00 Install local multiple-station alarm system $45.00 business 6598 5/19/2006 $22,784.00 Gut and remodel residence $70.00 renovations to residential 6600 5/22/2006 $2,000,000.00 10,760 square foot addition with 1 hour $2,000.00 business fire separation between new and existing structures 6599 5/22/2006 $75,000.00 800 square foot one story addition $200.00 additions to residential 6602 5/23/2006 $320,000.00 5 bedroom single-family home with attached garage $700.00 new single-family homes Monday, June 05, 2006 Page 1 Building and Zoning Monthly Report 5/1/06 Until 5/31/06 6601 5/23/2006 $2,500.00 Add rear deck $25.00 additions to residential 6603 5/24/2006 $32,410.00 Remodel 2 bathrooms $100.00 business 6606 5/25/2006 $2,914.00 New above ground pool $35.00 miscellaneous 6605 5/25/2006 $41,003.00 New above ground pool $35.00 miscellaneous 6604 5/25/2006 $4,800.00 Raise roof of garage and add open sheds to three sides $35.00 miscellaneous Totals r $5,430,217.00 1 1 $8,390.00 ! s ' ) \ Certificates of Occupancy BP#Address Description CO Temp 6440 118 Southwoods Dr Single family 5/1/2006 □ 6442 1028 Ellis Hollow Rd Addition, conversion, renovate apartment 5/3/2006 building 6140 1489 Trumansburg Rd Add attic storage to garage 5/4/2006 □ 6280 216 Raptor Rd Raptor bam vidth office space 5/8/2006 □ 6536 235 Hungerford Hill Rd Laser Room Microbiology Research Lab 5/24/2006 □ 6037 220 Tareyton Dr Demolish & rebuild fire damaged 4 unit residence 5/30/2006 6142 313 St. Catherine Cir Rebuild rear deck in kind 5/30/2006 □ 6585 166 Ridgecrest Rd Reroof house and attached garage 5/31/2006 □ Complaints Date Address Complaint Type Disposition 5/18/2006 1205 HanshawRd building code Pending 5/23/2006 116 Pennsylvania Ave property maintenance Pending 5/31/2006 819 Taughannock Bivd building code Pending i ^ \ I ^ ! \ I * Existing Building CO Monday, June 05, 2006 Page 2 [ ' Field Visits-j 1 ' Building Code 79 Complaint/Investigation 3 Fire Safety 4 Fire Emergency 0 Total 86 I 'i ( ! / I / ^ f 1 I 1 06/05/2006 ^0:26 TOWN OF ITHACA B2110 - B2110 Transaction Report For the period 05/01/2006 through 05/31/2006 ^ ype Date Comment Name Quantity Fee B2110 45.001. BP 05/01/2006 70.-3-4 TSUJI, YOHKO K.1 2. BP 05/01/2006 70.-M3 BUECHEL, JACK 1 45.00 3. BP 05/03/2006 45.-1-21.1 BROCKWAY, MARK 1 45.00 4. BP 05/03/2006 24.-1-26 VOGEL, ALAN 1 35.00 5. BP 05/04/2006 28.-I-1.2 FERGUSON 1 350.00 6. BP 05/04/2006 62.-2-13.2, 63.-1-3.4 IAD 1 6,000.00 7. BP 05/05/2006 61.-1-8.32 SCIARRIE, GERADO 1 35.00 8. BP 05/05/2006 70.-1-12 EINARSON, MARNE 1 60.00 9. BP 05/08/2006 45.-1-14 WAPEN, LISA 1 25.00 10. BP 05/08/2006 58.-2-11 COOKE, ROBERT 1 35.00 11. BP 05/09/2006 41.-1-30.2 ITHACA COLLEGE 1 8,000.00 12. BP 05/10/2006 36.-2-3.45 SIMIKIN, BORIS 1 350.00 13. BP 05/10/2006 36.-2-3.24 SIMKIN, BORIS 1 350.00 14. BP 05/11/2006 41.-1-30.2 ITHACA COLLEGE 1 305.00 15. BP 05/12/2006 48.-1-17.3 LEVINE, ERIC 1 35.00 16. BP 05/15/2006 24.-4-14.24 OVERLOOK AT WEST HILL 1 8,000.00 17. BP 05/18/2006 57.-1-8.43 RODDA, ANNA 1 70.00 18.^05/19/2006 41.-1-30.2 PARK SCHOOL ITHACA COLLEGE 1 550.00 19/^05/19/2006 43.-1-2.2 COLLEGE CIRCLE ITHACA COLLEGE 1 350.00 20' '05/19/2006 43.-1-2.2 COLLEGE CIRCLE ITHACA COLLEGE 1 20.00 21/ '05/19/2006 41.-1-30.2 ITHACA COLLEGE 1 550.00 27 ?05/22/2006 54.-7-45.2 MELICE, GRAZIAMARIA 1 25.00 23. _.P 05/23/2006 58.-2-9 MASSA 1 60.00 24. BP 05/26/2006 60.1-1-16.2 HAMMOND, JANE 1 45.00 25. BP 05/26/2006 46.-1-15.45 FINE LINE HOMES 1 700.00 26. BP 05/30/2006 28.-1-28.6 HENRY, TERRY 1 35.00 27. BP 05/31/2006 31.-4-6.11 VITUCCI, MICHAEL 1 35.00 28. BP 05/31/2006 71.-5-1 WEXLER, DAVID 1 35.00 29. BP 05/31/2006 26.-4-33 CANDLEWYCK 1 35.00 APARTMENTS 30. BP 05/31/2006 28.-1-28.224 HOEPFINGER, JIM 1 350.00 30 26,575.00 31. BPE 05/03/2006 33.-3-8.6 YEH, KAICHUAN 1 50.00 32. BPE 05/09/2006 73.-1-1.31 BOCES 1 50.00 33. BPE 05/10/2006 36.-2-3.44 SIMKIN, BORIS 1 87.50 34. BPE 05/10/2006 56.-3-13.33 MEROD, JIM 1 175.00 35. BPE 05/18/2006 45.-1-56 GREENTREE BUILDERS 1 212.50 575.00 36. FSI 05/01/2006 44.2-1-2 HOSPICARE 1 50.00 37. FSI 05/01/2006 36.-1-4.2 JOHN THOMAS 1 50.00 38. FSI 05/15/2006 62.-2-1.123 OLIVIA'S RESTUARANT 1 50.00 39^1 05/19/2006 58.-2-4 TRINITY LUTHERAN 1 100.00 ' \CHURCH 4 250.00 4C 05/01/2006 33.-3-6 RODEWAY INN 1 174.00 41. SP 05/11/2006 62.-2-1.124 ELLIS HOLLOW 1 72.00 APARTMENTS Page: 1 Type Date Comment Name Quantity Fee 42. TCO 43. TCO 05/03/2006 05/26/2006 62.-2-1.124 70.-11-3 ELLIS HOLLOW ROCCOLUCENTE 2 1 1 246^ 2,000.' s 150/ . 2 2,150.' S Total Sales 43 29,796.00 ' \ N I ^ f N I Page: 2 TOWN OF ITHACA PLANNING DEPARTMENT ' ' vHX / 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 ; — Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for June 12.2006 Town Board Meeting DEVELOPMENT REVIEW May 2.2006 Planning Board Meeting: Tompkins County/Ithaca College South Hill Communication Tower, Ithaca College Campus (off Danby Road): The Planning Board granted modifications to the previously approved Site Plan and Specid Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41-1-30.2, Medium Density Residential Zone. The project involves the construction of a 195-foot self-supporting monopole tower (increased from 180-feet) and a 432 square foot (12' x 36') building (increased from 300 square feet, 12' X 25') located adjacent to the existing Ithaca College's 150' guyed tower for the County's Public Safety Communication System. The existing Ithaca College tower will be removed once the ^ existing transmitters are relocated to the new structure. Ithaca College, Owner; Tompkins County, Applicant; Lee Shurtleff, Agent. / Babcock 7-Lot Subdivision, Hayts and Tnimansburg Roads: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 7-lot subdivision located on Hayts Road and Tnimansburg Road, Town of Ithaca Tax Parcel No.'s 24-1-23 and 24-1-32, Agricultural Zone. The proposal is to consolidate Tax Parcels 24-1-23 and 24-1-32 into one +/- 87.6 acre parcel, then subdivide off six residential lots (averaging 2.97 acres) along Hayts Road with the remaining +/- 70 acres being maintained as one parcel fronting on Tnimansburg Road. Bruce & Dorothy Babcock, Owners; George J. Gesslein, Agent. Sketch Plan Review - Modifications to Holly Creek Subdivision & Development, West King Road: The Planning Board reviewed a sketch plan for the proposed modifications to the Holly Creek subdivision development located south of 111 West King Road, Town of Ithaca Tax Parcel No.'s 37-1-16, 37-1-17.11 - 37-1-17.17, and 37-1-17.19, Multiple Residence and Low Density Residential Zones. The proposal includes revising the approved plan by replacing the 20 proposed rental apartments with 12 single-family dwellings in six duplex structures along with three lot line changes involving the remaining residential lots. David C. Auble, Owner/Applicant; George Frantz, Agent. Recommendation Regarding Proposed Zoning Amendments — Hospitals in Conservation Zones: The Planning Board issued an affirmative recommendation to the Town Board regarding a I , proposed Local Law amending the Zoning Chapter of the Town of Ithaca Code regarding the > definition of a hospital and regarding permitted uses in Conservation Zones. May 16, 2006 Planning Board Meeting: (Cancelled) Reviews for Zoning Board: Seven applications for the Zoning Board were processed since the May report as follows: May 15, 2006 Meeting: (1) Modification of previously granted height variance was granted for the proposed 195 +/- foot tall communications tower proposed by Tompkins County (previous proposal was for 180 foot tall tower) located on the Ithaca College campus off Danby Road, Medium Density Residential Zone, Ithaca College, Appellant, Lee Shurtleff, Agent; (2) Modification of previously granted height variance for construction of a four-story, 72 +/- foot tall building for the new Business School (previous proposal was for 69-foot tall building) was granted located on the Ithaca College campus off Danby Road, Medium Density Residential Zone, Ithaca College, Appellant; (3) Side yard setback variance to permit a 240 +/- square foot addition to a single-family home was granted at 309 Roat Street, Medium Density Residential Zone, Greg Albrecht, Appellant; (4) Side yard setback variance to maintain an existing addition on a single-family home was granted at 11 Dove Drive, Medium Density Residential Zone, Pascal Oltenacu, Appellant; (5) Special approval to operate a home occupation for a real estate business was granted at 1105 Hanshaw Road, Medium Density Residential Zone, Phillip E. Walker, Appellant; (6) Setback variance (from the side lot line as projected out into Cayuga Lake) for the construction of a dock and boat lift was granted with conditions at 1028 East Shore Drive, Lakefront Residential Zone, Timothy J. Moore, Appellant, Michael Moore, Agent; and (7) a use variance to expand a non-conforming use by building an addition on the remnants of an abandoned lakefront cottage (where two other cottages already exist as grand-fathered buildings on the lot) was denied by the Zoning Board of Appeals, located at 891 Taughannock Boulevard, Lakefront Residential Zone, Michael Pinnisi, Appellant. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee ("COO: The Committee met on May 17, 2006 to discuss possible amendments to the Zoning Code to permit freestanding solar collectors, and an update regarding the proposed stream setback law. The Committee held a public information meeting regarding the draft outdoor lighting law on Thursday. Mav 25. 2006. The next COC meeting is scheduled for June 21, 2006. Tentative agenda items include continuation of consideration of amendments to the Zoning Code to allow free-standing solar arrays, update regarding review of dock regulations, and a report on the outdoor lighting law. Transportation Committee: The Committee met on May 10, 2006 to discuss draft recommendations in the Transportation Plan and organization of the third public information meeting. The Committee held its third public information meeting on the Transportation Plan on Thursday. Mav 18. 2006. The next Committee meeting is tentatively scheduled for Thursday, June 15, 2006 at 3:00 p.m. to discuss elements and steps remaining to complete the draft Transportation Plan. The full draft Plan (sections prepared to date) is available on the Town's website. Conservation Board: Meetings were held on May 4 and June 1, 2006. Agenda items included discussions regarding a possible purchase of development rights program for environmentally sensitive/significant lands, preparations for R. Fischer Awards presentation, update on stream setback law draft, reports and updates of committees, and discussion regarding recommending appointments of new Members. The next meeting is scheduled for July 6,2006. ITCTC Policy Committee: The Ithaca-Tompkins County Transportation Council (ITCTC) Policy Committee met on May 16, 2006. Agenda items included review and approval of three TIP (Transportation Improvement Program) amendments regarding (1) TCAT funding and implementation of projects to conform to the recently approved Federal transportation program, (2) NYSDOT inspection projects, and (3) addition of approximately $385,000 into the Hanshaw Road reconstruction project through the deferral and re-programming of the Newfield Depot Road Bridge project. The ITCTC announced that it will be sponsoring a public information meeting on its draft Bicycle Suitability Map on May 25, 2006 at 6:00 p.m. The Policy and Planning Committees will meet at a joint meeting on June 20, 2006. Agricultural Land Preservation Program: Planning staff is preparing a grant application for submission to the NYS Department of Agriculture and Markets grant program for acquisition of an agricultural conservation easement. This will be discussed at the June 12^ Town Board meeting. Acquisition of Dress Property. Culver Road: The closing for the Dress property acquisition (283 Culver Road) was successfully completed on May 12, 2006, and the deed has been filed. The Town now owns the 11 +/- acre parcel consisting of significant mature forest. The deed includes restrictions limiting uses and activities to maintaining the property as a wilderness area and natural forest. Funds for the acquisition were taken from the Town's Open Space Reserve, which now has a balance of $358,239 (as of May 31, 2006). 2007 Budget Worksheets: Preliminary Budget worksheets for the proposed 2007 Budget were prepared by the Planning Department and submitted to the Supervisor and Budget Officer. NYS MPO Conference. Saratoga Springs. NY: The Director of Planning attended the 2006 Annual Conference of the NYS Association of MPO's (Metropolitan Planning Organizations) in Saratoga Springs (June 7-9, 2006) with Fernando de Aragon, Director of the Ithaca-Tompkins County Transportation Council. Materials from the conference are available for review in the Planning Department. Meeting with Cornell Master Plan Consultants: Town staff met on May 15, 2006 with the consultants who will be working on Cornell University's Comprehensive Master Plan to provide background information about the Town of Ithaca and to discuss issues that should be addressed in the Master Plan. Topics included the development review process, Cornell's role in providing housing for its work force, how the T-GEIS will relate to the Master Plan, natural features preservation, and coordination and communication within the Cornell bureaucracy. Cornell will begin a series of discussions and workshops with all facets of the Cornell population, municipal officials, and neighborhood groups to discuss the expectations of the Master Plan in the near future. The Plan will have a 25-year planning horizon, and is expected to be completed by the end of 2007. ^une 12, 2006 Town Board Meeting- n ZBA Alternate Member Interviews: The ZBA Interviewing Committee met on May 22""^ and 23'^'', 2006 to interview four potential candidates for an alternate position on the Zoning board of Appeals. There will be a Committee report and discussion at the June 12"^ Town Board meeting. Tompkins County Housing Needs Study: The Director of Planning and several Town Board members attended the presentation of the draft "Affordable Housing Needs Assessment" (March 29, 2006), prepared by Economic & Policy Resources, Inc. for the Tompkins Coimty Planning Department, held at the County Library on May 24, 2006. The study finds that single-family home sales price increases continue to outpace increases in household incomes, less than half of the houses sold by 2004 were affordable to households at or below the median income, and that there is an estimated demand of about 3,900 additional housing units affordable to households at or below 120 percent of median income by 2014. The study and its recommendations is available on the County's website: www.tompkins-co.org/planning/HousingNeedsAssessment.htm. Town Engineer's Report for 5/9/2006 Town Board Meeting EARTH FILL PERMITS ' No Fill permits were issued in May 2006. WATER PROJECTS East Hill Transmission Main and Storage Tank Work on the tank structure is substantially complete and final concrete finishing is scheduled for completion by June 15. The Tank will be cleaned and disinfected and filled with water prior to backfilling. Tank backfill and site restoration is scheduled for completion by the end of July. The project is a SCLIWC fimded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services with reimbursement from the Commission. Trumansburg Road Water Tank A contract was awarded to R. DeVincentis Inc. at the May Town Board meeting. The contract documents have been executed and the Contractor will be mobilizing in early June. The tank will be offline while the interior is cleaned, recoated and disinfected. During that period of time water will be supplied to the service area fi*om the 1 million gallon tank located on the Eco-Village property with water pressure maintained by a control valve. ' \ Trumansburg Road Water Main Improvements f 1 / 1, Planning in underway for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive. This project has been on the capital plan for construction in 2007, but may be rescheduled for later this year as the Hanshaw Road project may be rescheduled for 2007 due to the change in the County schedule for the Hanshaw Road reconstruction project. SEWER PROJECTS lAWWTF Phosphorus Removal Project The Town Engineer has been participating in meetings with the contractor and Steams and Wheler to attempt to negotiate a settlement. Joint Interceptor Sewer Projects The First Street Interceptor constmction is proceeding with City of Ithaca forces doing the work. Town Staff is monitoring the constmction process, which has been proceeding smoothly. Work has progressed to Aurora Street and will effect traffic at Town Hall for the next several weeks. ^ STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that was collected by the engineering interns will be processed and developed into a stormwater model for the Town. TOWN ENGINEERS REPORT 6/12/2006 n As the Planning Board reviews subdivisions and Site Plans, Storm Water Management Facilities are very ofte.. required to meet Town Environmental Regulations and New York State Stormwater Regulations. These have been dealt with on a case-by-case basis with the landowners having operation and maintenance responsibilities, and the Town entering into agreements to monitor the facilities and act in emergency situations. The Town Public Works, Engineering and Planning staff have been working on the stormwater management plan for the Town with the intention to consolidate and clarify the requirements for stormwater management in the Town Code. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which was formed to meet the needs of municipalities that must comply with the NYSDEC Phase 11 stormwater regulations. These municipalities are owners of municipal separate storm sewer systems (MS4s) and are required to meet the "minimum measures" of the law. To date the group has been informally organized and to better provide the support to the member municipalities creating an intermunicipal agreement is being proposed. Northeast / \ Development of the drainage plan is continuing with an initial concentration of the Salem Drive area and the r Hanshaw Road drainage system. Drainage improvements are being coordinated with the County plan for j \ reconstruction of Hanshaw Road. A proposal for the completion of the Briarwood subdivision includes stormwater management controls to reduce the impact of stormwater in the area. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. 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 Construction of phase II improvements is substantially complete. The Town is working with the developer to complete aspects of the stormwater management system, which protects properties down stream of the development. Legal responsibility for maintenance of the permanent storm water management measures is ^ in the process of being finalized. ' \ Town Engineer's Report June 12,2006 Daniel R. Walker Page 2 6/7/2006 J TOWN ENGINEERS REPORT 6/12/2006 WESTVIEW SUBDIVISION Construction of Phase I of the roads and utilities has been substantially completed, and the Town Board has accepted that portion of the project. 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. OVERLOOK ON THE WEST HILL Site work is substantially complete for Phase lb including stormwater detention, mass grading, and relocation of the water main and sewer improvements. The second portion of West Hill Drive is on the agenda for acceptance at the June 12 Town Board meeting. The Engineering staff is monitoring the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION The CMC demolition plan for the old Biggs A building has been approved by the Planning Board. The Town Engineer has reviewed the plans for the demolition, abandonment of utilities and debris disposal on and off site. Demolition has begun with asbestos removal. The on site hard fill disposal area has been prepared by installing the required sediment and erosion control measures which will be monitored by the Engineering Department. / Town Engineer's Report June 12,2006 Daniel R. Walker Page 3 6/7/2006 t ] ' Regular Meeting of the Ithaca Town Board, June 12,2006 Human Resources Report for May, 2006 Personnel Committee: x.. r * i The committee of Peter, Jeff. Cathy and I met to discuss the future role of the Board Personnel Committee. The committee will not include staff other than the Human Resources Manager, unless needed to discuss a particular subject. However, there will be times when there will be a Joint Personnel Cornmittee that will include the representatives from the Town Hali, Public Works Facility and Bolton Point. The committee's role includes maintaining oversight of number of positions, hours positions work, wage and benefits comparability and major personnel policies. The committee will recommend changes to the Board on those items and on new hires. At the next meeting the committee will review the current Job Classification and salary scale, the positions listed with Civil service and the process for determining which classification a position is put in. Bafetv Committee: There was not a meeting in May. ^ Policv and Protocol Committee: Pat Leary is in the process of doing a final edit of the manual before it is pnnted for the Board. Training and Develooment: .. ^ x. Connie Clark, Debby Kelley and I attended the SHRM of Tompkins County conference on Business Success Through Strategic HR, held at Ithaca College on May 18**^. I have also been representing the Town at the Diversity Consortium County meetings. This group will be hosting an all day conference June 1 that I hope some of you will attend. The focus is about diversity and inclusion in the community. I took on the challenge of registration for this conference. I want to thank Connie Clark for her hard work of helping me with this challenging task. Personnel - Civil Service: x -x j • Seasonal positions at the PWD are being filled. Two seasonal staff started in May 22nd. Summer seasonal youth staff applications have been collected. Fred Noteboom and I interviewed 3 in May for 1 open space. Three youth from 2005 will be returning for another fun filled year. N Tim Eighmey, Heavy Equipment Operator, resigned effective May 19^. Tim and his family have moved to North Carolina. We have concluded interviews for the f \ -) position. At the June 12^ meeting you will be asked to ratify Fred's appointment / , of Hank Yolman to the Laborer position. Hank will be starting June 19 . \ John Coakley, Deputy Town Clerk, has tumed in his letter of resignation for effective July 13"^. John is leaving us to retum to school to work on this masters degree in History. Tee Ann and I will be working on filling John's position as quickly as we can. Commercial Insurance (Ithaca Aoencv - Selective Insurance Companv): First off in March I reported an accident where one of our trucks rolled down a hill and hit a trailer, which then rolled and hit a parked truck. The case has been closed, which ended with a total cost of $5,996. The total of $1,000 was taken from the Risk Retention Fund. Earlier in March a pick up was hit by a deer. The total cost of that Incident was $1,899, in which $500 came from the Risk Retention fund. In May there were two incidents to report on. The first involved our Volvo Dump truck catching on fire as one of our employees was driving. There was no injury to our driver. The total cost to repair the truck was $3,834, in which $2,500 came out of the Risk Retention fund. / \ The second incident in May involves two of the Town's 10 wheelers and 2 other ^ vehicles. One of our drivers could not stop in time and hit our other truck that \ was stopped in which hit the other vehicles. There were no serious injuries, but our employees and one other person were check out at the emergency room. The two vehicles have minor dents that will need repairing. One of the Town's 10 wheelers is pretty much totaled and the other sustained minor repairable -damage. The cost of .thisJncldent is undetermined at this time. Workers' Compensation (Public Emolovers Risk Management Assoc - PERMA): There was two accidents in May to report. One involved a muscle strain to the back, which resulted in 1 day away from work. The second involved a laceration to the right forearm, which resulted in stitches and no time away from work. Creig Hebdon, Assistant Director of Engineering and Safety Committee Member, attended the Annual Perma conference in Lake George, NY this year. The Town received recognition for the 5"^ year in a row for scoring over a 600 on our workers' compensation safety evaluation. Disabilitv Insurance: Betty Poole, Court Clerk, has retumed from being out of work. We are happy that Betty was able to retum to work light duty and then full time June 5^. ^ Unemolovment insurance: There is currently two people claiming. Submitted By: Judith C. Drake, PHR, Human Resources Manager ' \ / Re Edit View Favciiles hols Hel Network Additional: Network/Record Specialist Report June 12, 2006 Site of the Month page...This month: I LOVE NY...NYS Tourism site Did You Know link ... This month: Town Student Historian Presentation Excerpt from website stats available for month of May. Top 5 downloaded pages: o Zoning Ordinance o Building Permit Application o 2006 Budget o Zoning map o NYS Energy Conservation Construction Code Checklist Roll out of Microsoft Office 2003 Professional version upgrade pushed back to third quarter of this year. Rebuilds of eight computers needs to happen first before this software upgrade can be implemented. 2007 Information Technology budget discussed with Department Heads Final push to assist History Project staff prepare for June 8^^ presentation 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, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator May 2006 Youth Employment Continues to be the main focus of my activity at this time of year. Demand for assistance < ^ to obtain employment remains high. This month 1 monitored training sessions offered by ^ Workforce Tompkins for the Joint Youth Commission entitled "Customer Service ^ Excellence" so 1 can conduct similar sessions for youthfiil job seekers on and as needed basis. Transportation is a major consideration for this population and 1 attended a planning forum on County-wide Transportation that was veiy informative and 1 established some useful contacts. 1 continue to be impressed with the talents and abilities of the Town's youth. Sites from last year are requesting placements and some new ones established. 1 continue to actively participate wiA othe^youth employment partners to assure the best utilization of tax dollars and make certain every contact connects with a productive activity. Some of this years contacts will volunteer at placements to gain experience. I'm actively pursuing youth enterprise and the concepts of the 4-H life programs as possibilities for this program. To that end 1 attended a presentation at Cornell on the "Growing up in Cities" project. This community's depth of resources makes it unique in opportunities but requires awareness for making connections. Joint Youth Commission Continues to seek members. Diane Jayne has retired from the Trust Company and maybe relocating out of the area. Sandy Gittelman is profoundly missed and her return is anticipated. The work activities continue with contract agencies continuing to provide a range of services to the Town. This planning group is required by the county contract for the Town to receive substantial reimbursement for its programs. Related Activity Continued attendance at appointed committees such as Human Services Coalition. Attendance at Tompkins Community Action annual meeting and event to foster contacts and work site possibilities. Discussions with Karen Coleman and Anne Morrissette regarding the possibility of Coddington Road utilizing Tutelo Park as a site for Middle school Programming. Attendance at the Aging Service Network meeting at Lifelong (I deal with all the ages!) A number of new inquiries about Senior Soft ball have occurred recently. As a result I will coordinate another "organizational" game to ascertain level of genuine interest. Lifelong will be jointly sponsoring an intergenerational game time, Specifics details in works. Feel free to contact me with comments. % Recreation Partnership The bylaws change was approved by all of the municipal partners. With Will filling in for Jeff there was a quorum at the May Meeting. Dates were established for the next three meeting where fiscal recommendations will be made concerning next years budget. The Group Avill be attending the June Municipal officers meeting on June 20 for a presentation on the organization. The contract needs to be re-ratified and/or amended by years end. Recreation and Human Service Committee Dealt with a full agenda and engaged in some very productive discussion on issues including the pavilion use policy which will be coming to the full board for input after some additional committee review. The date for the official Tutelo Park opening has been set for Saturday, September 23,2006.1 will be working with Ithaca College student interns Benjamin Bromberg and Nick Tessoni on the event. The Town was awarded a celebrations grant for the event and for a permanent marker that will be officially imveiled at the event. Please contact me or acting committee chair Will Burbank if there are any particular elements you think should be included I ^ f n ? f y