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Home My WebLink AboutTB Minutes 2005-01-10 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Regular Meeting of the Ithaca Town Board . Monday, January 10 , at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY THOSE PRESENT : Supervisor Valentino , Councilwoman Grigorov; Councilman Lesser, Councilman Burbank , Councilwoman Gittelman , Councilman Engman , Councilman Stein STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent; Jonathan Kanter, Director of Planning ; AI Carvill , Budget Officer; Judy Drake , Human Resources Manager; Andy Frost, Director of Building and Zoning OTHERS PRESENT : John Barney , Attorney for the Town ; Gloria Howell , 120 Clover lane 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 . 2 — Report of City of Ithaca Common Council Robin Korherr appeared before the Board on behalf of City Common Council , Ms . Korherr reported as follows on several resolutions before Common Council at their January meeting : Thurston Avenue Bridge Project over Fall Creek — The . City passed a resolution allowing them to proceed with the design and construction of the project over the next few years . Several Administrative Items - including appointments to several City committee's . The City has had a campaign to entice residents to serve on a volunteer basis on many of their committees and boards . Mr. Korherr reported a great turn out in response to that campaign . Common Council voted Maria Coles as Acting Mayor for 2005 . Common Council passed a resolution encouraging citizens of the City to contribute financial donations to the victims of the Tsunami . One of the issues they have been handling over the past several months is Planned Unit Development ( PUD) , which includes detailed language that allows projects to proceed despite the zoning regulations imposed on the property . The objective was to encourage creativity and flexibility with projects that wouldn 't be allowed under current zoning . Ms . Korherr reported 'a tremendous amount of apprehension on the part of the residents resulting in Mayor Peterson bringing the issue back to a community forum for discussion . Common Council unanimously approved an apprenticeship policy . New York State Labor law allows government entities to require contractors bidding for public projects to have approved apprenticeship programs , the idea being that it would provide employment opportunities with decent wage and benefit packages to people who might not necessarily be college bound . Common Council passed a resolution that created a single consistent procedure for appointing the three City members to the Tcat Board of Directors . 1 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Councilman Burbank asked the status of the City' s exploration of water supply alternatives . Ms . Korherr was uncertain but told Mr. Burbank she would bring information to the next Board meeting . Supervisor Valentino reported that Dan Cogan had attended Thursday' s Bolton Point Meeting to reintroduce the City to Bolton Point and talk about whether they were still interested in talking to the City about supplying water. The Bolton Point Board said , yes , they were still willing to discuss it . Mr. Cogan told them there were several tracks the City was currently following . One is building their own plant upstream from the existing plan . One was building a plant that would be able to pump water from Cayuga Lake . A third was tapping into the lake source cooling facility . The fourth was getting. water from Bolton Point . The City has updated the O ' Brien and Geer consolidated water report that was done 6 or 7 years ago . Agenda Item No . 3 — Report of Tompkins County Legislature (Attachment #1 — Message from County Legislative Chair, Tompkins County 2005 Committee Assignments and Responsibilities ) Mike Koplinka- Leahr provided a copy of the Message from the Chair of the Legislature to Ms . Hunter and Supervisor Valentino . Mr. Kopl,inka- Leahr reported the following : - The airport is struggling to get rider-ship . The County is looking at bringing in other carriers . - The New York State Commission of Corrections has limited the number of beds in the County jail to 58 thereby "thrusting " the issue back to the County . The County is in negotiations with the Commission . The County Legislature is commencing a Strategic Planning process . The County decreased the number of committees . Mr. Koplinka- Leahr will provide the Town with a list of committees . The emergency response towers are moving forward . They hope to possibly break ground on some of the towers this year. The Planning Development and Environmental Quality Committee will be looking at the issue of burn barrels . Committees will be establishing goals . Mr. Koplinka-Leahr invited input from Board members on goals the County should be paying attention to . The salary for legislators has recently been an issue . Councilman Lesser told Mr. Koplinka- Leahr that the Town was going to look into the problem of the abundant deer population . He asked if this was an issue the County might want to consider. Mr. Koplinka- Leahr told him he would ask the Planning Department if they had any information to share . Regarding Mr. Koplinka- Leahr' s district, Mr. Lesser stated it appears the construction process for Coddington Road is getting fairly close . He wondered if Mr . Koplinka- Leahr planned to be fairly heavily involved in that process . Mr. Koplinka- Leahr told him he would be involved . The draft final plan is pretty much solidified at this point and they are looking for dates for the design I eople to come back for a stakeholders meeting . In response to questions from Mr. Engman regarding the status of the work scheduled for Hanshaw Road , Mr. Lesser told him it is coming up 2 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Report of the Fire Commission (Attachment #2 — Written Report) Bob Romanowski appeared before the Board and read his monthly report from the Fire Commission . In response to questions from Councilman Lesser regarding what public safety personnel should be notified regarding the impact of traffic calming measures , Mr. Romanowski stated that if the County , Town , or City are going to undertake a major project such as traffic calming , changing the direction of the flow of traffic , or changing intersections it behooves those entities to go to the public safety institutions such as police departments , fire departments , and ambulance services to see if they have a problem with the proposed project . Agenda Item No . 4 — Persons to be Heard and Board Comments Councilman Burbank reported an overwhelming response to his mention of a dog park as a 2005 priority . He has received a number of calls expressing hope that the Board will actually look into this as a possibility . Councilman Burbank reported having attended a discussion of the problems of touch screen voting machines that are being aggressively promoted by the State of New York . Mr. Burbank told the Board of an alternative presented at the meeting : paper ballots that are optically scanned . Touch screen voting machines are running at about $7 , 000 each . Once bought , the machines need to be maintained . By comparison the optical scan system would require one machine per polling place , the machines cost about $5 , 000 a piece , are a simpler machine and therefore less vulnerable to breakage . Agenda Item No . 7 — Consider Approval of 2005 Town Board Meeting Schedule The Board changed the proposed date of the October 3 , 2005 meeting to Thursday, October 6 , 2005 . TB RESOLUTION NO . 2005=001 : Set Dates for 2005 Town Board Meetings BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the following schedule for 2005 Town Board Meeting Dates : Monday , February 7 , 2005 5 : 30 p . m . Monday , March 7 , 2005 5 : 30 p . m . Monday , April 11 , 2005 5 : 30 p . m . Monday , May 9 , 2005 5 : 30 p . m . Monday, June 13 , 2005 5 : 30 p . m . Monday , July 11 , 2005 5 : 30 p . m . Monday, August 8 , 2005 5 : 30 p . m . Monday, September 12 , 2005 5 : 30 p . m . 3 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Thursday , October 6 , 2005 5 : 30 p . m . Budget Discussion ,Monday , October 17 , 2005 5 : 30 p . m . (Monday, Oct. 10th is Columbus Day) Thursday , November 3 , 2005 5 : 30 p . m . Budget Discussion Monday , November 14 , 2005 5 : 30 p . m . Monday , December 12 , 2005 5 : 30 p . m . Friday , December 30 , 2005 10 : 00 a . m . Year-End Meeting MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously . Agenda Item No . 8 = Consider Approval of 2005 Voucher Deadlines TB RESOLUTION NO . 2005-002 : YEAR 2005 PROCESSING VOUCHERS/INVOICES DEADLINE DATES WHEREAS , to facilitate an efficient and timely method for processing vouchers/invoices for the monthly abstracts it is necessary to establish a deadline for submission of vouchers/invoices by vendors , staff, and other service people ; and WHEREAS , the Accounting Department has determined that one week is needed to properly prepare the vouchers/invoices for approval of the Town Board at their monthly meeting ; now, therefore , be it RESOLVED , the Town Board does hereby adopt the folloINing schedule for the year 2005 as the last date by all vendors , staff, and other service people to submit vouchers/invoices to the Accounting Department for presentation to the Town Board on the Abstract Date : Processing Voucher/ **For Abstract Date : Invoice Deadline Dates : Wednesday, January 26 , 2005 Monday, February 7 , 2005 Friday, February 25 , 2005 Monday, March 7 , 2005 Wednesday, March 30 , 2005 Monday, April 11 , 2005 Wednesday, April 27 , 2005 Monday, May 9 , 2005 Friday, May 27 , 2005 Monday, June 13 , 2005 Monday, June 27 , 2005 Monday , July 11 , 2005 Wednesday, July 27 , 2005 Monday , August 8 , 2005 Monday, August 29 , 2005 Monday, September 12 , 2005 Monday, September 26 , 2005 Monday, October 3 , 2005 Wednesday, October 26 , 2005 THURSDAY , November 3 , 2005 Monday, November 28 , 2005 Monday , December 12 , 2005 4 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Monday, December 26 , 2005 FRIDAY , December 30 , 2005 "Abstract date is synonymous with Town Board meeting date . BE IT FURTHER RESOLVED , vouchers/invoices must be submitted no later than 12 : 00 p . m . on the Processing Voucher/Invoice Deadline Date ; and it be further RESOLVED , any emergency or extraordinary vouchers/invoices will be considered as deemed appropriate by the Chief Fiscal Officer and the Budget Officer. MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously. Agenda Item No . 9 — Consider Appointment of Deputy Town Supervisor TB RESOLUTION NO . 2005=003 : Appointment of Deputy Town Supervisor. BE IT RESOLVED, the Town Supervisor, with the approval of the Town Board , hereby appoints Councilwoman Carolyn Grigorov as Deputy Town Supervisor for the term January 1 , 2005 to December 31 , 2005 ; and be it further RESOLVED , as Deputy Supervisor, Councilwoman Grigorov is hereby afforded all duties and responsibilities of the said position as prescribed by Town Law, General Municipal Law, and the Public Officer' s Law of the State of New York . MOVED : Supervisor Valentino SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously. Agenda Item No . 10 — Consider Supervisor's Board and Committee Appointments The Board reviewed and discussed the list of board and committee members . TB RESOLUTION NO. 2005=004 : APPOINTMENTS TO BOARDS AND COMMITTEES FOR THE YEAR 2005 BY THE TOWN SUPERVISOR AND THE TOWN BOARD . BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratifies the boards and committee appointments made by the Town Supervisor and the Town Board as listed below: 5 January 10, 2005 Town Board Meeting Adopted February 7, 2005 In House Boards and Committees !unless otherwise indicated, terms are one (1) yearl: Agriculture Committee : Debbie / Alan Teeter Claire Forest Tom McMillan / Christianne White James Baker John / Jennifer Bokaer-Smith Nelson Eddy Kate Lunde / Jeff Hanavan Jan / Sue Suwinski George Sheldrake Agricultural Land Preservation Advisory Committee : Catherine Valentino , Town Supervisor Bill Lesser, Councilman Fred Wilcox, Planning Board Chair A . Thomas McMillan , Ag . Committee Claire Forest , Ag . Committee Herb Engman Capital Projects & Fiscal Planning Committee : Catherine Valentino , Town Supervisor Carolyn Grigorov , Councilwoman Will Burbank , Councilman Alfred Carvill , Budget Officer Fred Noteboom , Highway Superintendent Jonathan Kanter, Director of Planning Daniel Walker, Director of Engineering Fred Wilcox , Planning Board Chair Codes and Ordinances Committee : Carolyn Grigorov, Councilwoman (Chair) Cathy Valentino , Town Supervisor Herb Engman , Councilman Eva Hoffmann , Planning Board Member Fred Wilcox , Planning Board Chair Kirk Sigel , Zoning Board of Appeals Chair Staff Support: Susan Brock , Attorney Andrew Frost , Director of Building/Zoning Jonathan Kanter, Director of Planning Personnel Committee : Catherine Valentino , Town Supervisor William Lesser, Councilman Peter Stein , Councilman Will Burbank , Councilman - alternate Dani Holford , Town Hall Representative 6 January 10, 2005 Town Board Meeting Adopted February 7, 2005. Susan Ritter, Town Hall Representative Larry Salmi , Highway Representative Don TenKate , Highway Representative Paul Tunison , Bolton Point Representative , Larry Parlett, Bolton Point Representative Jim Shaff, Bolton Point Representative Blaise Wright, Bolton Point Representative Staff Support: Judith Drake , Human Resource Manager Public Works Committee : Catherine Valentino , Town Supervisor Peter Stein , Councilman Sandy Gittelman , Councilwoman Staff Support: Fred Noteboom , Highway Superintendent Richard Schoch , Parks Maintenance Manager Daniel Walker, Director of Engineering Michael Smith , Environmental Planner Records Management Advisory Board : Catherine Valentino , Chair Tee-Ann Hunter, Town Clerk Lisa Carrier-Titti , Network Records Specialist Daniel Walker, Director of Engineering Christine Balestra , Planner Carrie Whitmore , Deputy Town Clerk John Coakley , Deputy Town Clerk Kristie Rice , Assistant Director of Building/Zoning Gail Kroll , Administrative Assistant , Highway Recreation and Human Services Committee : Catherine Valentino , Town Supervisor Sandy Gittelman , Councilwoman (Chair) Will Burbank , Councilman Al Carvill , Budget Officer Judith Drake , Human Resource Manager Marnie Kirchgessner, Recreation and Youth Coordinator Safety Committee : Fred Noteboom , Highway Superintendent Judith Drake , Human Resource Manager Creig Hebdon , Town Hall Representative Kristie Rice , Town Hall Representative David Boyes , Highway Representative Timothy Eighmey, Highway Representative Joint Sewer Committee : Catherine Valentino , Town Supervisor Peter Stein , Councilman Bob Romanowski 7 January 10 , 2005 Town Board Meeting Adopted February 7, 2005 Staff Support: Daniel Walker, Director of Engineering Transportation Committee : William Lesser, Councilman Will Burbank , Councilman George Conneman , Planning Board Tom Niederkorn Staff Support. Jonathan Kanter, Director of Planning Susan Ritter, Planning Department Fred Noteboom , Highway Superintendent Other Appointments: Cayuga Lake Watershed Management Plan Intermunicipal Organization : Will Burbank , Councilman Herb Engman , Councilman (Alternate) City and Town of Ithaca Trail Planning Committee : Will Burbank , Councilman Jonathan Kanter, Director of Planning Fred Noteboom Rich Schoch Michael Smith Cornell Community Waste Management Advisory Committee : Mary Russell Human Services Coalition : Marnie Kirchgessner, Recreation and Youth Coordinator Ithaca-Tompkins County Transportation Council Metropolitan Planning Organization Policy Committee : Catherine Valentino , Town Supervisor (Committ(.e Vice-Chair) William Lesser, Councilman (Alternate) Ithaca-Tompkins County Transportation Council Metropolitan Planning Organization Planning Committee : Jonathan Kanter, Director of Planning (Committee Chair) Fred Noteboom , Highway Superintendent Susan Ritter, Planning Department (Alternate) Lake Source Cooling Data Sharing Committee : Herb Engman , Councilman Staff Support: Jonathan Kanter, Director of Planning 8 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Pegasys Oversight Committee : Will Burbank , Councilman Recreation Partnership Board : Catherine Valentino , Town Supervisor (Alternate) Will Burbank , Councilman Sandra Gittelman , Councilwoman Southern Cayuga Lake Intermunicipal Water Commission . Catherine Valentino , Town Supervisor Mary Russell Tompkins County Joint Youth Commission : Sandra Gittelman , 109 Tudor Road Diane Jayne , 2251 N . Triphammer Road Lorraine Moran , 4 Hackberry Lane Tompkins County Environmental Management Council (To Be Determined ) Tompkins County Local Waterfront Revitalization Program Planning Committee : Municipal Level: Carolyn Grigorov , Councilwoman Coordinating Committee : Jonathan Kanter, Director of Planning Town Boards Policy and Protocol Committee Sandy Gittelman , :Councilwoman Herb Engman , Councilman Tee-Ann Hunter, Town Clerk Judy Drake , Human Resource Manager MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously . Agenda Item No . 11 - M Consider Confirmation of Arrangements and Appointment of Attorney for the Town of Ithaca (Attachment #3 — Arrangements for Town Legal Counsel for the Year 2005) Supervisor Valentino reported that she had spoken to Board members and Mr. Barney regarding her concerns about the backlog . of work that needed to be completed by the attorney. 9 January 10, 2005 Town Board Meeting Adopted February 7, 2005 ; There are 3 or 4 outstanding things and they are currently in the works . Supervisor Valentino stated that she and Attorney Barney would work together to make certain these are completed and felt she could recommend execution of the agreement as presented . Regarding the Town ' s agreement with Attorney Susan Brock , Supervisor Valentino stated that it was an ongoing arrangement that can be terminated at any time and does not need annual renewal . Ms . Brock' s per hour rate will remain the same . TB RESOLUTION NO . 2005-005 : Confirmation of Arrangements and Appointment of the Attorney for the Town for 2005 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby agrees to confirm the arrangements discussed and presented for the appointment of the Attorney for the Town , for the year 2005 as per the attached letter of understanding as presented by John C . Barney , Esq . , of the firm Barney , Grossman , Dubow & Marcus . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittleman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , ;eye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously. Additional Agenda Item No . 5 — Public Hearing regarding A Local Law Amending Chapter 250 of the Code of the Town of Ithaca Regulating Vehicle and Traffic in the Town of Ithaca to Prohibit Parking on Clover Lane , to Add Stops Signs at Certain Intersections , to Remove Stop Signs and a Yield Sign from Certain Intersections , and to Change Certain Intersection Street Name References (Attachment #4 — Local Law Supervisor Valentino opened the public hearing at 6 : 30 p . m . The hearing was published and . posted as required . 10 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Gloria Howell Spoke in favor of the amendment. She told the Board that the street was very narrow and when people park on the street it is very hard to get in and out . This is particularly important for emergency vehicle access . There was no one else present to address the Board and Supervisor Valentino closed the public hearing at 6 : 32 p . m . Mr. Noteboom explained to the Board that where the Town roads intersect County roads , the County controls the signage . Where Town roads intersect State roads , the State controls the signage . There were a number of such signs listed in the Town ' s Vehicle and Traffic Ordinance . Part of the amendment before the Board is to remove those signs from the Town ' s ordinance . A few signs were added to the ordinance and there were a few name changes such as Strawberry Circle . Mr. Barney told the Board he had notified both the County and the State of the proposed amendment . Additional Agenda Item No . — Consider Adoption of A Local Law Amending Chapter 250 of the Code of the Town of Ithaca Regulating_ Vehicle and Traffic in the Town of Ithaca to Prohibit Parking on Clover Lane , to Add Stops Signs at Certain Intersections , to Remove Stop . Signs and a Yield Sign from Certain Intersections , and to Change Certain Intersection Street Name . References RESOLUTION NUMBER 2005-006 : ADOPTING A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE TOWN OF ITHACA REGULATING VEHICLE AND TRAFFIC IN THE TOWN OF ITHACA TO PROHIBIT PARKING ON CLOVER LANE , TO ADD STOP SIGNS AT CERTAIN 'INTERSECTIONS , TO REMOVE STOP SIGNS AND A YIELD SIGN FROM CERTAIN INTERSECTIONS , AND TO CHANGE CERTAIN INTERSECTION STREET NAME REFERENCES 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 January 10 , 2005 , at 6 : 30 p . m . to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE TOWN OF ITHACA REGULATING VEHICLE AND TRAFFIC IN THE TOWN OF ITHACA TO PROHIBIT PARKING ON CLOVER LANE , TO ADD STOP SIGNS AT CERTAIN INTERSECTIONS , TO REMOVE STOP SIGNS AND A YIELD SIGN FROM CERTAIN INTERSECTIONS , AND TO CHANGE CERTAIN INTERSECTION STREET NAME REFERENCES " ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the State Environmental Quality Review Act (" SEQRA) , it has been determined by the Town Board that adoption of said proposed ordinance 11 January 10, 2005 Town Board Meeting Adopted February 7, 2005 ;would be a Type II action as defined in NYCRR section 617 . 5 (c) ( 16 ) and accordingly is not ; subject to review under SEQRA and could be processed without further regard to SEQRA , NOW, THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE TOWN OF ITHACA REGULATING VEHICLE AND TRAFFIC III THE TOWN OF ITHACA TO PROHIBIT PARKING ON CLOVER LANE , TO ADD STOP SIGNS AT CERTAIN INTERSECTIONS , TO REMOVE STOP SIGNS AND A YIELD SIGN FROM CERTAIN INTERSECTIONS , AND TO CHANGE CERTAIN INTERSECTION STREET NAME REFERENCES , " 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 and to publish a copy or abstract of such local law in the Ithaca Journal , all as required by law. MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino Voting Ave Councilperson Grigorov Voting Ave Councilperson Lesser Voting Ave Councilperson Burbank Voting Ave Councilperson Gittelman Voting Ave Councilperson Stein Voting Ave Councilperson Engman Voting Ave Agenda Item No . 12 — Consider Approval of the Union Contract at Bolton Point (Attachment #5 — Cost Increases Associated with the Union Contract, Union Contract) Supervisor Valentino explained to the Board that the Southern Cayuga Lake Water Commission had unanimously approved the contract. She was the chief negotiator and Ms . Drake sat in on all the negotiating sessions . RESOLUTION NO . 2004-007 : Approval of Contract with the International Union of Operating Engineers for Southern Cayuga Lake Intermunicipal Water Commission ' s Employees WHEREAS , the majority of the Southern Cayuga Lake Intermunicipal Water Commission 's (Commission ) non-managerial employees in the Production and Distribution 12 January 10, 2005 Town Board Meeting Adopted February 7, 2005 Departments voted affirmatively on December 15 , 2004 to be represented by the International Union of Operating Engineers for the purposes of collective bargaining ; and WHEREAS , the Commission , in good faith , entered into contract negotiations with the union ; and WHEREAS , on December 9 , 2004 , the Commission ' s negotiating team reached tentative agreement on a contract with the union 's negotiating team ; and WHEREAS , on December 15 ; 2004 , the employees in the union bargaining unit ratified the tentative contract ; and WHEREAS , the Commission has reviewed and approved the tentative contract; and WHEREAS , the Town of Ithaca Board has reviewed the tentative contract and determined it to be acceptable ; NOW , THEREFORE , BE IT RESOLVED , the Town of Ithaca Town Board does hereby approve the tentative contract; and , be it further RESOLVED , the Town Board of the Town of Ithaca authorizes the Commission ' s - negotiating team to sign said contract as presented . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously. The board took a short break for pizza. Agenda Item No . 14 — Consider Recommendation from Joint Youth Commission (Attachment #6 — 2005 Joint Youth Commission Program Budget) Supervisor Valentino reviewed with the Board the project funding recommendations from the Joint Youth Commission . The recommendation of $ 11 , 6000 for the Coddington Road Community Center is in the 2005 budget. The recommendation for the Learning Web was $55 , 580 , higher than what was in the 2005 budget: The unexpended money budgeted in 2004 for Cooperative Extension will be credited to 2005 . Workforce New York State is a new program the Town has not previously funded . Supervisor Valentino reported it was a program the Youth Commission particularly liked because it involves high school students of a working age . Councilwoman Gittelman told the Board the 2005 program is more or less a pilot. The program coordinators were initially going to work through teachers to identify the natural leaders in the group , but at the urging of the Joint Youth Commission were willing to change focus to the 13 January 10, 2005 Town Board Meeting Adopted February 7, 2005 ; young people who are perhaps more in need of services . Councilwoman Grigorov voiced her ' support for the program 's attention to children in need stating it was a lack of such an objective - that troubled her about the Learning Web . Councilwoman Gittelman told her that although the Learning Web does help some young people who are not " in need " it also serves many youth . that are . Supervisor Valentino told the Board that the Town will be taking over the Youth Employment Initiative , a program that Cooperative Extension had been running . There is $ 5 , 000 in the budget for the Town to run that program . The Town did not fund Club Ithaca , not because the Town does not believe in the program , but because there is some question if there will be a place to hold the club this year. Councilwoman Gittelman stated she had heard the facility ( Ides Bowling ) was going to be sold . In order not to get too far over budget , Supervisor Valentino and Mr. Carvill derided to take the funding out for ,now and see what happens . Councilwoman Gittelman told the Board that Club Ithaca is a youth activity that attracts kids from every single area and all financial levels . It is a wonderful thing for kids to have someplace to go in the evening and this program provided that. She hoped they could find another place . . Supervisor Valentino told the Board that the recommendations as presented do not mean that the Town will not fund Club Ithaca , it means that they will have to come back and revisit it . Councilman Burbank asked if the Town were willing to consider the possibility of the Youth Conservation Project could it fall under the rubric of the Town Employment Initiative ? Supervisor Valentino told him it could be some of that employment or the Town may want to deal with that separately . There may be the possibility for some kind of grant funding . Mr. Burbank asked for confirmation that of the listed programs , the Town Employment Initiative is the only source for funding for the Youth Conservation Project . %► upervisor Valentino told him he was correct . TB RESOLUTION NO. 2005-008 : 2005 Program Budget for the Joint Youth Commission BE IT RESOLVED that the Town Board of the Town of Ithaca approved the 2005 Program Budget for the Joint Youth Commission as presented at the January 10 , 2005 Town Board Meeting . MOVED : Councilwoman Gittelman SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously . Agenda Item No . 13 - Discussion of Benchmark Proposal for Continuation of Technical Consulting Services related to The Cornell Lake Source Cooling Project (Attachment ##7 — Proposal for Continuation of Technical Consulting Services Related to the Carnell Lake Source Cooling Project, Detailed Summary of Transactions for Monitoring Lake Source Cooling ) i 14 January 10 , 2005 Town Board Meeting Adopted February 7, 2005 The Board reviewed the proposal submitted by Benchmark Engineering for analyzing Lake Source Cooling data in 2005 . Supervisor Valentino was pleased with the $ 3 , 500 figure . She reported having had some discuss with Cornell about their picking up half of the cost. They have not gotten back to her with a final answer, but so far it has been looked on favorably. Supervisor Valentino stated she felt it was important for Cornell to remain actively involved in the monitoring and felt it was good public relations for the university . For the time being , it would be a budget change of an additional $3 , 500 . Mr. Carvill reported there is money remaining of the $50 , 000 Cornell designated for monitoring the Lake Source Cooling project. If Cornell agrees to share in the costs of 2005 monitoring , the Town will be only $673 . 00 short in their 2005 budget . Mr. Kanter recommended the Board take formal action after we learn the Department of Environmental Conservation 's decision regarding the monitoring plan and after we have an answer from Cornell . Councilman Burbank comment that it appears as though evaluating the monitoring data will cost relatively little money regardless of whether or not Cornell agrees to contribute . He hoped that in speaking with Cornell , the Town would think beyond this next year and at least look to a two year period during which Cornell would contribute . Mr. Kanter thought the actual permit date extended to 2008 . He felt what they heard from Cornell so far is if DEC doesn 't make a decision very soon , they are basically going to be doing the same monitoring through 2005 that they have been doing . Agenda Item No . 15 — Consider Approval of the Pretreatment Agreements (Attachment #8 — Pretreatment Agreements ) Mr. Walker explained that the Town has a pretreatment agreement with the Ithaca Area Wastewwater Treatment Plant. Several years ago the Town updated their pretreatment regulations so that they are the same as the City of Ithaca ' s pretreatment law. The purpose of the regulations is to make sure that we are putting only residential quality waste into the plant and that we are not discharging chemicals from any industrial process that could upset the plant . The Town of Ithaca , the Town of Dryden , and the City of Ithaca all have consistent sewer use laws that have the same pretreatment standards . The Village of Cayuga Heights has an older law. They are looking at taking the pretreatment law that the Town already has and passing it in the Village . The agreements before the Board are saying that the involved municipalities will adopt similar pretreatment standards . Resolution No . 2005-009 : Multiiurisdictional Pretreatment Agreement between City of Ithaca , Town of Ithaca . Town of Dryden and Village of Cayuga Heights WHEREAS , The City of Ithaca , Town of Ithaca and Town of Dryden (hereinafter jointly referred to as the IAWWTP Owners") jointly own and operate the Ithaca Area Wastewater Treatment Plant ( IAWWTP) , and _ 15 I January 10 , 2005 Town Board Meeting Adopted February 7, 2005 WHEREAS , pursuant to separate agreements with the IAWWTP Owners and with the Town of Ithaca , the Village of Cayuga Heights will utilize the IAWWTP to treat some of the wastewater originating in the Village of Cayuga Heights , and WHEREAS , facilities located in the Village of Cayuga Heights currently contribute to wastewater that includes industrial waste to the municipal sewer system . Facilities contributing industrial wastewater are hereinafter referred to as industrial users , and WHEREAS , the IAWWTP Owners must implement and enforce a pretreatment program to . control discharges form all IAWWTP industrial users pursuant to requirements set out in 40 CFR Part 403 . In this Agreement , the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the IAWWTP industrial users within its boundaries; to the necessary pretreatment controls , and to implement and enforce that sewer use law; therefore BE IT RESOLVED that the Town Board of the Town of Ithaca approves the Multijurisdictional pretreatment agreement between City of Ithaca , Town of Ithaca , Town of Dryden and Village of Cayuga Heights , as presented at the January 10 , 2005 Town Board Meeting . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino Voting Ave Councilperson Grigorov Voting Ave Councilperson Lesser Voting Ave Councilperson Burbank Voting Ave Councilperson Gittelman Voting Ave Councilperson Stein Voting Ave . Councilperson Engman Voting Ave Resolution No . 2005=010 : Multiiurisdictional Pretreatment Agreement between Village of Cayuga Heights and Town of Ithaca WHEREAS , the Village of Cayuga Heights owns and operates the Village of Cayuga Heights Wastewater Treatment Plant ("VCHWWTP ") , and WHEREAS , the Town of Ithaca currently utilizes the VCHWWTP to treat some of the wastewater originating in the Town of Ithaca , and WHEREAS , the VCHWWTP currently does not receive flows from any industrial users located Within the Town of Ithaca , but it does receive residential flows , and industrial flows may occur in the future . Facilities contributing industrial wastewater are hereinafter referred to as industrial users , and WHEREAS , the Village of Cayuga Heights must implement and einforce a pretreatment program to control discharges from all VCHWWTP industrial users pursuant to New York State Department of Environmental Conservation requirements specified in the Village of Cayuga i 16 January 10, 2005 Town Board Meeting Adopted February 7, 2005 �i Heights ' SPDES Permit. In this Agreement , the Town of Ithaca agrees to adopt a sewer use law that subjects VCHWWTP users within its boundaries to the necessary pretreatment controls , and the Village of Cayuga Heights is authorized to implement and enforce that sewer use law; therefore BE IT RESOLVED that the Town Board of the Town of Ithaca approves the Multijurisdictional pretreatment agreement between Village of Cayuga Heights and Town of Ithaca , as presented at the January 10 , 2005 Town Board Meeting , MOVED : Supervisor. Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino Voting Ave Councilperson Grigorov Voting Ave Councilperson Lesser Voting Ave Councilperson Burbank Voting Ave Councilperson Gittelman Voting Ave Councilperson Stein Voting Ave Councilperson Engman Voting Ave Agenda Item No . 16 — Discussion of Departmental Work Plan Priorities for 2005 (Attachment #9 — Departmental Priorities for 2005) The Board received department heads' 2005 work plan priorities in their board packets . Agenda Item No . 17 — Consent Agenda TB RESOLUTION NO . 2005=011 : Consent Agenda Items Attachment #10 — Disposition List, Agreement for the Expenditure of Highway Monies ) BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented . MOVED : Councilman Lesser SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino; aye ; Councilwoman Grigorov, aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye; Councilwoman Gittelman , aye ; Councilrrianc Stein , aye . Carried unanimously. TB RESOLUTION NO. 2005=011a : Town Board Minutes of December 13 2004 — WHEREAS , the Town Clerk has presented the minutes for Town Board Meetings held on December 13 , 2004 to the Town Board for their review and approval of filing ; now therefore be it 17 ■ January 10, 2005 Town Board Meeting Adopted February . 7, 2005 ' SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously. Additional Agenda Item No . 2 — Appointment of Associate Member of the Conservation Board TB RESOLUTION NO . 2005-014 : Appointment Of Conservation Board Associates ( Non = Voting Positions) BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints the following individuals to serve as Associates to the Conservation Board for terms beginning January 1 , 2005 and ending December 31 , 2006 : Jon Meigs Elissa Wolfson John Yntema ( Mr. Yntema is leaving the Town of Ithaca in April 2005 , but would like to serve as an Associate through March 2005 , he has served as a member. since 1997) MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman, aye , Councilman Stein , aye . Carried unanimously . Additional Agenda Item No . 3 — Consider Approval of the Cash Management Policies (Attachment #12 — Cash Management and Investment Policies and Procedures ) TB RESOLUTION NO . 2005-015 : Cash Management and Investment Policies and Procedures BE IT RESOLVED , that the Town Board of the Town of Ithaca approved the Cash Management and Investment Policies and Procedures as presented at the ,January 10 , 2005 Town Board meeting . MOVED : Councilman Stein SECONDED : Councilman Lesser 26 January 10, 2005 Town Board Meeting Adopted February 7, 2005 VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye . Carried unanimously. Agenda Item No . 21 Consider Executive Session regarding contract negotiations , a personnel matter, and possible law enforcement matter On motion by Supervisor Valentino , seconded by Councilwoman Grigorove , the Board entered executive session at 8 :47 p . m . On motion by Councilman Stein , seconded by Counciman Burbank , the Board returned to regular session at 9 : 15 p . m . Adjournment On motion by Councilman Lesser, seconded by Councilwoman Gittelman , the meeting was adjourned at 9 : 16 p . m . �Respectfully submitted , W. G�L 6 M% 2� Tee-Ann Hunter Town Clerk Next Meeting February 7, 2005 27 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 : PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE TOWN OF ITHACA REGULATING VEHICLE AND TRAFFIC IN THE TOWN OF ITHACA TO PROHIBIT PARKING ON CLOVER LANE AND TO ADD STOP SIGNS AT CERTAIN INTERSECTIONS AND . REMOVE A YIELD SIGN FROM AN INTERSECTION . Location of Sign Board Used for Posting : Town Clerk's Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting . Wednesday, December 22, 2004 Date of Publication . Thursday, December 27 , 2004 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 14th day of January, 2005 Notary Public CARRIE WHITMORE Notary Public, State of New York No , 01WH6052877 Tioga County Commission Expires December 281 TOWN OF ITHACA NOTICE OF PUBLIC HEARING haattTaCpublic hearing wi I be ; held before the Town Board 'of the Town of Ithaca at,' ',215 North Tioga , oar thtel ;Ithaca, New York, :';i 0th day of , January, 2005 at 6:30 p.m: local`: time 'concerning a proposed local law amending Chapter 250 of the Code of the l 4iTown of Ithaca regulating . ;vehicle and traffic in the ; ' ,Town of Ithaca to prohibit, , parking on Clover Lane and- ' to add stop signs at certain ? jintersections and remove a ;'yield sign from an "ihter'sec- 'i y ,tion. . ; 1 At that time the Town '- ! ' Board will hear any person' ; izinterested in such local law:'; , � . '_: Copies of said local law are available for review at the , Town Clerk's Office at the above address', during tnoC ;; oral business hours of the ' i4own Clerk. '• Individuals with visual, or ;hearing impairments or,,otfJ 11 ier special needs will be pro ' 'vided with assistance as ; inecessary, upon request,; irPersons desiring assistance ' tlmust make a' request to the Town Clerk not less than 48 hours prior to 'the time of the public hearingg: Di December22,.2004 Tee•Ann Hunter Town Clerk 12/27/04 I I.C--6_rsLtrltft CN�iir� T� ATTACHMENT # 1 o, co _ c N�17R January 10 , 2005 Town Board Meeting Facing the Year Ahead For several years now the work of the County Legislature has been dominated by budget issues : Rapidly rising mandated costs from the State , especially Medicaid; a dramatic jump in the cost of health care and retirement; double digit tax increases; County services squeezed by lack of funds; citizen complaints about both rising tax rates and the declining quality of service . This year we got a measure of relief, but it remains an open question whether that represents a new trend or just a one year break in what will continue to be a bad situation. There is reason to be concerned . The County budget problems have been driven by the shifting state expenses on to counties as the State attempts to fill the holes in its own budget. Those shifts were moderated this year in response to citizen outrage that correctly identified State government as the cause of property tax increases . But the state budget continues to have large gaps and state leaders insist that THEY will not raise taxes to cover the deficit. That raises the very real possibility that they will return to the practice of requiring counties to raise taxes to support state programs . But there is also reason to be optimistic . The local economy is doing well . Sales tax revenues are up with good prospects for future growth. Tompkins County squarely faced our budget problems of the last few years, made difficult cuts in spending, and bit the bullet on painful, but necessary tax increases . Many other counties covered over their problems by spending down their reserves, but are imposing large tax increases this year. In contrast, we maintain a healthy fund balance and were able to reduce the tax rate this year. But concern over budget issues should not overshadow the other achievements and challenges in the County . Our economic development efforts, through TCAD, Workforce Development, and in cooperation with the local business community have been remarkably effective . We have become, even more than in the past, a regional job center. We are the only county in the region with job growth, population growth, rising property values, and rising sales tax collections. While these things carry their own problems, they are the problems of success and prosperity rather than those of failure and decline . The County is on the verge of issuing a prescription drug card that will aid those not covered by any drug plan. This will provide real and substantial savings to those who are currently paying retail price for needed drugs and who are not covered by either private or government health plans . We have recently opened the new consolidated dispatch center that brings together emergency dispatching in one location. We have been moving forward on a long needed replacement for our emergency radio system, that serves fire departments, police, and ambulances . This, is the year to move from planning to actually constructing the system. TCAT, our public bus system, has been through a long and difficult transition to a non- profit structure that will allow it to continue to receive essential state and federal funding . Our airport is faced with stagnant usage and the potential loss of all commercial service if USAirways fails . The airport is crucial to our continued economic health. Fortunately, the extraordinary efforts of the Air Service Task Force, a partnership between government, Cornell, and the local business community, have put us in a position to attract new air service into the county in the near future . Near the end of 2004 the county finally reached a decision not to proceed with an expansion of our jail capacity . The State Commission of Co:rrections has responded punitively by arbitrarily capping our population at 58 instead of the 73 that our facility is designed for and capable of housing. In my opinion this is gross abuse of power for which they have no legal authority . Our most productive response will be to redouble our efforts in the coming year to promote reform and rehabilitation strategies through the criminal justice system that will both reduce our jail population and make our community a safer place to live . We have made a commitment to increasing the diversity of our county workforce so that it more closely resembles the people who live here . This is essential if we are to serve all people well . We have made increasing use in recent times of citizen task forces that have helped to focus expertise and public input on specific issues such as budget process, income tax, and the airport. I expect us to continue this creative and valuable form of community involvement with a new diversity task force, at the same time that we continue some of those now working . We have undertaken a strategic planning process that we hope will help to clarify the issues that face us, prioritize our responses, and undertake proactive efforts to improve county government. . We can anticipate a challenging and difficult year ahead. With luck it will also be fun and rewarding, both for us on the Legislature and for the people we serve . J TOMPKINS ' O�UN � °,YLEGISLATURE /OS 320 North Tioga Street;Ithaca, NIX. 14850 Telephone: (607;)X294 4 4 ax {( 07) 274-5430 www.torpltins*c6.org 2005 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES STANDING COMMITTEES Budget and Capital Koplinka-Loehr (Chair), Booth (vice Chair), Todd, McBean-Clairborne, Robertson Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policy C3 pital Programs sonnel Department/issues firmative action Government Operations Lane (Chair) , Kiefer (Vice Chair), Booth, Totman, Herrera Tompkins County Legislature Charter and Code Human Rights Administration Operational Policies Code/Board of Ethics Law Finance Public Information Assessment Weights and Measures Board of Elections Libraries Utilities County Clerk Dewitt Historical Society unty Historian tw: Recycled paper Planning, Development and Environmental Quality Herrera (Chair), Proto (Vice Chair), Lane, Schuler, Blanchard l onning Department O it and Water Conservation District od Control/Water Quality Environmental Management Council Land management Workforce Development TCAD Industrial Development Agency Chamber of Commerce Arts Tourism Program/CVB Strategic Tourism Planning Ithaca Downtown Partnership Celebrations Department of Transportation relocation TCAT Facilities and Infrastructure Penniman (Chair), Kiefer (Vice Chair), Schuler, Winch, Todd Facilities Iidges and Highways rport lid Waste/Recycling blic Works Administration formation Technology Services Department Public Safety McBean-Clairbome (Chair), Penniman (Vice Chair) , Totman, Robertson, Koplinka-Loehr Alternatives to Incarceration Criminal Justice District Attorney Defense of Indigents Probation and Community Justice Sheriff/Jail Domestic violence .prevention Emergency Management Relevant Human Services Coalition Agencies Consolidated 911 Public safety communication system 2 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD MONDAY, JANUARY 10 , 2005 AT 5 : 30 PM 215 NORTH TIOGA ST, ITHACA NY 14850 AGENDA Call to Order Pledge of Allegiance 1 . Report of Tompkins County Board of Representatives 2 . Report of City of Ithaca Common Council 3 . Report of Fire Commissioners 4 . Persons to Be Heard and Board Comments 5 . 6 : 30 p . m . — Public Hearing regarding proposed local law amending Chapter 250 of the Code of the Town of Ithaca regulating vehicles and traffic in the Town of Ithaca to prohibit parking on Clover Lane , 6 . Consider Adoption of Local Law amending Chapter 250 of the Code of the Town of Ithaca regulating vehicles and traffic in the Town of Ithaca to prohibit parking on Clover Lane . 7 . Consider Approval of 2005 Town Board Meeting Schedule 8 . Consider Approval of 2005 Voucher Deadlines 9 . Consider Appointment of Deputy Town Supervisor 10 . Consider Supervisor's Board and Committee Appointments 11 . Consider Confirmation of Arrangements and Appointment of Attorney for the Town of Ithaca 12 . Consider Approval of Union Contract with Bolton Point 13 . Discussion of Benchmark Proposal for Continuation of Technical Consulting Services related to The Cornell Lake Source Cooling Project 14 . Consider Recommendation from Joint Youth Commission 15 . Consider Approval of Pre-Treatment Sewer Agreements 16 . Discussion of Department Work Plan Priorities for 2005 17 , Consent Agenda a . Approval of Town Board Minutes b . Town of Ithaca Abstract C. Bolton Point Abstract d . Consider Approval of Records Disposition List e . Designation of Official Newspaper f. Designation of Official Depositories of Town Funds g . Official Bonds of Town Officers and Employees h . Agreement for the Expenditure of Highway Monies i . Reappointment of Deputy Highway Superintendent j . Reappointment of Deputy Town Clerk/Deputy Receiver of Taxes k . Reappointment of Deputy Town Clerk 18 . Report of Town Committees a . Agricultural Committee b . Agricultural Land Preservation Advisory Committee C , Capital Projects and Fiscal Planning Committee d . Cayuga Lake Watershed Intermunicipal Organization e . City / Town Trail Committee f. Codes and Ordinances Committee g . Lake Source Data Sharing Committee h . Pegasys Oversight Committee i . Personnel Committee j . Public Works Committee k . Recreation and Human Services Committee I . Recreation Partnership M . Records Management Advisory Board n . Safety Committee o . Sewer Joint Committee P , Southern Cayuga Lake Intermunicipal Water Commission q . Supervisor's Advisory Committee r. Transportation Committee 19 . Report of Town Officials a . Town Clerk b . Highway Superintendent C , Director of Engineering d . Director of Planning e . Director of Building and Zoning f. Budget Officer g . Manager of Human Resources h . Network/Records Specialist i . Recreation and Youth Coordinator j . Attorney for the Town 20 . Review of Correspondence a . 1 /3/05 email from M . Luckow re dog park b . 1 /4/05 email from W. Burbank to Ithaca Journal re 2005 budget1 c. 12/28/04 letter from Michael Lane re tax collection d . Draft letter from Tompkins County Clerks re HAVA 21 . Consider Executive Session regarding contract negotiations and personnel matter 22 . Consider Adjournment ADDITIONAL AGENDA ITEMS 1 . Discussion of Association of Towns Resolutions and Consider Designation of Official Delegate for Year 2005 New York State Association of Towns Annual Meeting 2 . Consider Appointment of Conservation Board Associates 3 . Consider Approval of Cash Management and Investment Policies and Procedures Health and Human Services Robertson (Chair), Winch (Vice Chair), Proto, Blanchard, Kiefer I apartment of Social Services ntal Health Department/Agencies lie Health Department/Agencies lth Planning Council Human Services. Coalition Relevant Human Services Coalition agencies Office for the Aging Youth Services Tompkins Community Action Cooperative Extension Animal Health and Control SPECIAL COMMITTEES) Space Needs and Location - Proto (Chair), Winch (Vice Chair) , Herrera, Kiefer, Schuler Short and long-term space needs Future use or disposition of County buildings Possible renovation or construction of County buildings 1w i'e'q'co, 3 ,v , Ca�`1f1,' s 40144 AM cclSK i ATTACHMENT # 2 U/ 9, /D. � ds / /i� /� �TG�AJi lR/o li�C� .Al _ /00'//i/©le� 4<P"2Afz � Tsv� _ � .��: < �! � i°�6,Terc7' � S 4 /5c �un� e /AV /�t/,B�C<e 5.4� ?3% CO!'?lteaXll C.�VTof1 .4AJAD. f�.5� Thy d�� TE.t117r C. �c _VE joC� o ,5<6'r�a_ Jr all'opG i Alexi-t! 44lyc,.A /�!� 5 a�E f,�j F �t/o,�er 7`0 .�J•4�_E �� y aT o ,v.,� ,Qy.Q �<� �� o<o/� _ . TC�. f-i« z��. . . _ Tome- IIel'i VzAlc4 ,E��v. d .f.�% ,/4S rA04ArVS f7&fs . 61�01W?: /riJ rte. 1*PCZ.5 s OC WAVeAIC . 77%!n 41777.1TY 4Ac D GA-TL. . 14?Ww_ " X41 . /S IIZ V d4,C5 BX - 7� 114 Z A;507r 72t4lt! T R0/7'irJ� c* d f 1-! ze J . ,T ooL /A! 7 ,, s c5E!1Yeeo,4 _ f S 6 /ol 4) v:. ?24 FFi c . CA L -r(ir/a /vim ✓ ec rs �� Tl d� �?'iti1 } S /A/Q.�W,,OW o/v /C�G1�1�'�' © v.s 7��,�< e C�- G«i�rl�_ 7Oi@c ,T�crS %fi�.E'at✓�si=o u � Tl¢L C'erY ��rJft��rv�t1,� 72�y W17716 &7' Plke ar CopU,5 v!rqrio.,j i uer� 2j i AU �® r400rr raeoDe£� LV/Tit A c c45,5f6 7140.o .5 ,g<p �.�sv�urv�L TW4fY d.(ec I�Jo S IA�l Akre T-64 eA 1:�.Qoo ,P1A � l•C�<�av2 1 �Ti < T T IEF OV7�YAAMC 0,14. Goal CJs' . gyp Td ra/D) ATTACHMENT # 3 January 10 , 2005 Town Board Meeting i" ?t1 D A 01, 2 BARNEY , GROSSMAN , DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST SUITE 400 Facsimile John C . Barney 119 EAST SENECA STREET (607) 272-8806 Peter G . Grossman ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) David A. Dubow Randall B . Marcus (607) 273-6841 Jonathan A. Orkin Kevin A. Jones January 4, 2005 Honorable Catherine Valentino Town Supervisor, Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re : Arrangements for Town Legal Counsel for the Year 200)X Dear Cathy : As we have in the past, we are pleased to submit to you an outline for our suggested arrangements for legal services to be provided by our office as attorney for the Town for the calendar year 2005 . The proposed terms are virtually identical to those that were in e��t for 2004 with the exception that the hourly rate that we are suggesting has been increased by 0 per hour. This increase partially offsets the increases in expenses (salary costs for employees, library expense, rent, etc .) and is about equal to the percentage increase in the consumer price index from last year. Having said the foregoing, we propose the following : 1 . 1 agree to serve as Attorney for the Town for the year 2005 and such additional periods as the Town Board may wish, subject to termination at any time as set forth below. 2 . Services would be on an " as needed" basis and as requested or directed by the Town from time to time . Until otherwise directed, the services would include attendance at meetings of the Town Board, Planning Board, Town Zoning Board of Appeals, and Town Staff; advising Town governing bodies and individuals including the Town Supervisor, Planning Board Chair, and Zoning Board Chair on legal matters ; advising Town staff on legal matters ; review of legal documents ; preparation of requested local laws, agreements, resolutions, and other legal materials ; negotiating contracts on behalf of the Town; representing the Town on litigated matters (when feasible, authorization for such representation will usually be sought from the Town Board before appearing for the Town, although occasionally emergency representation may occur after consultation with the Town Supervisor) ; assisting Town bodies and staff in connection with legal matters relating to development proposals, environmental matters, etc . ; responding when appropriate to legal issues or questions posed by Town residents in relation to matters pending before a Town agency; and providing such other duties as general counsel to the Town as may be requested or directed. 3 . Where appropriate, matters might be delegated to other lawyers in my office when the expertise, economies, or time constraints make such delegation desirable from the Town's BARNEY , GROSSMAN , DUBOW & MARCUS Honorable Catherine Valentino January 4, 2005 Page 2 perspective . 4 . Generally, the fees for the services would be calculated on an hourly basis. Occasionally, as we have done in the past, when we determine that perhaps more time was spent on a matter than might seem appropriate for the result obtained, the fee may be reduced. On rare occasions, and after consultation with the Town, when the time spent is not truly reflective of the value of the benefits obtained by the Town, we might request an upward adjustment for that particular matter. 5 . For 2005 , the hourly rate will be 1 00 . 6 . The arrangements outlined in this letter may be ended at any time by either party for any reason, or for no reason at all . One of the essential elements of a successful client-attorney relationship is mutual comfort with each other. If that does not exist, the Town should not have to wait until the end of a year to seek other counsel . Obviously, if a change were being contemplated by either of us, we would hope that whoever is deciding to end the relationship would provide as much lead time as possible to the other so appropriate adjustments and transitions might occur, but lengthy advance notice is not a required precondition to severing the relationship . In the event of such severance, we would cooperate fully in transferring files and information to the counsel chosen by the Town and would, of course, expect to receive the agreed compensation up through the completion of the transition . If the arrangements stated above meet with the Town's approval, perhaps it would be wise to execute duplicate copies of this letter for our respective files . A space for such action is provided below. If the arrangements are not acceptable, please let me know your concerns and we can discuss them and see if we can reach mutually acceptable terms, and I will try and redraft this letter so that it meets with your approval . We appreciate very much the opportunity to work with you and to serve the interests of the Town . Ve ruly yours, JCB : sls ��-- The foregoing arrangements are acceptable Dated : ti Catherine Valentino , Town Supervisor Town of Ithaca Local Law Filing January 10 , 2005 NEW YORK STATE DEPARTMENT OF STATE g Town Board Meeting 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) ATTACHMENT # 4 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. of . . . . . . . . . . . -I THACA - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - Town lilhaa ' Local Law No_ . . . _ _ _ _ _ _ _ _ _ 1. . . . . . . . . . . . . . . . . . . . _ _ of the year 20- 0.5_ AMENDING CHAPTER 250 OF THE CODE A local law . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - REGULATING VEHICLE AND _ TRAFFjC:__I1V _ THE_- TD.W.N. _QE _ _ ITHACA _ _TO PROHIBIT PARKING _ ON _ CLOVER_ : ,AIYE ,_ _ TO_- ADD_ _ BTDp _ _SIGXS _ _AT - -CERTAIN INTERSECTIONS , TO REMOVE STOP SIGNS AND A YIELD SIGN FROM . FROM CERTAIN _ I_NTERSECTIQN.S.96 - _ AND _ T9__O EAN.GE_ -CERTA7N __ IN.TFR. SECTION ^ STREET NAME REFERENCES . Be it enacted by the - - . .. . . . OWN _ BOARa - - -- - -- - - - - - - ----- - - ---- --- - - - - - - - - - - - --- - - - -- - - - - - - - - -- --- - of the (Name of Lgisle&c Body) 44yof . . . . . . . . . . . . . . . . . .I_TH&CA. . . .. . - . . . . . . . . . .. . . . .= . . . . . ... . . . . . . - -- . . . . . . . . . . . -. . . . . . .. - as follows : Town See attached pages 1 - 3 (If additional space is needed , attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 1 1/99) `l (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1 . (Final adoption by local legislative body only.) I hereby certify that the local law .annexed hereto, designated as local law No. _ _ _ _ _ _ _ _ _ _ _ _ _ 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- of the (Tbwn)(W4Ug4o . _ . . . . . . . . ithao 20 - -� in - - - - was duly passed by the 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'.) y y g l law No. - - - - - - - - -- - - - - -- - - - - - - -- - -- - - --- - - - of 20- - - - - - I hereby certify that the local law annexed hereto designated as local of the (County)(City)(Town)(Village) of - --- - - - - - - - - - - - - - -- - - - - - - -- - - - - - - - - -- - - - - -- -- - - - - - - - - - - - - -- - - - - - - was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ -_ _ _ _ _ _ _ _ - _ _ . . . . 20 - - - and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - =: - - - -- - - - - - - -- - - -- - - - - - - - - -- - -- - - - -- - - - - - - - - - - and was deemed duly adopted on - -- - - - - - - - - - - - -- = - 20. .. . , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum .) hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - -- - -- - - - - - -- -- -- -- - - - of 20- f the (County)(City)(Town)(Village) of - - - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - -- - - -- - - ---- - - - - - - - - - - - - -- - - - - was duly passed by . . .. . . . . . . _ . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed a (Name of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- on-- - - - -- - - -- - - .. - - - - - 20- - - - • Such local law was submit (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 (genera l)(special)(annual) election held on - - - - - - - - - - - - - -- -- - 24 - -- , in accordance with the applicable provisions of law. 4 . (Subject to permissive referendum and final adoption because no vlilid 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)(ViIIage) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - .. . . . . . . . . . . . . . . . . . .. . . . . was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) 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. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a coun wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordina (2) 5. (City local law concerning Charter revision proposed by,, petition.) lereby certify that the local law annexed hereto, designated as local law No . . . . . .. . . . . . . . . _ _ . . . .. . _ . .. . . . . . . _ _ _ of 20-__ _ _ _ the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of tion (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the lified electors of such city voting thereon at the (special)(general) election held on - - - - - - - - - - - - - - - - - - - 20- _ _ _ , ecame 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- - - - - above. Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body eal) Date : (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUMwYOF - Tompkins 1, the undersigned, hereby certify that the foregoing local la contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law a x hereto. Signature torney for the Town Title evrff y C*tr of Ithaca Town V9lage Date : �. ' `d ® , a0 J✓ (3) TOWN OF ITHACA LOCAL LAW NO . 1 OF THE YEAR 2005 A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE TOWN OF ITHACA REGULATING VEHICLE AND TRAFFIC IN THE TOWN OF ITHACA TO PROHIBIT PARKING ON CLOVER LANE , TO ADD STOP SIGNS AT CERTAIN INTERSECTIONS , TO REMOVE STOP SIGNS AND A YIELD SIGN FROM CERTAIN INTERSECTIONS , AND TO CHANGE CERTAIN INTERSECTION STREET NAME REFERENCES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Amendments . Pursuant to Section 130 of the Town Law of the State of New York , and Section 1660 of the Vehicle and Traffic Law of the State of New York , Chapter 250 of the Code of the Town of Ithaca is amended as follows : A. § 250=16 of said Chapter, entitled " Parking of vehicles " , Subparagraph A , is amended by adding a new subdivision (23) reading as follows : (23) On both sides of Clover Lane for its entire length . 2 . Schedule A at the end of said Chapter designated as "250 Attachment V and entitled "Stop Intersections " and referred to in § 250=18 of said Chapter, entitled "Stop Signs" , is amended by 1 . Adding to the list on Schedule A the following entries : "On Brandywine Drive at Winthrop Drive" "On Burleigh Drive at Uptown Road " "On Campbell Avenue at Brookfield Road " " On Judd Falls Road ( north end ) at Forest Home Drive" " On Harwick Road at Strawberry Hill Circle" " On Poole Road at Elm Street Extension " 2 . Deleting from the list on Schedule A the following entries (as all involve Town road intersections with County or State Roads , which intersections are governed by the County and/or State) : "On Blackstone Avenue at Hanshaw Road ( northbound and southbound ) " " On Bluegrass Lane at Warren Road " "On Burns Road at Coddington Road " "On Chase Lane at East King Road " " On Christopher Circle at Warren Road " "On Clover Lane at its intersection with Mitchell Street" 1 "On Crest Lane at its intersection with Warren Road " " On Culver Road at Bostwick Road " "On Drew Road at Sheffield Road " "On Evergreen Lane at Dubois Road " "On Fairway Drive at Warren Road " "On Forest Home Drive at Pleasant Grove Road , westbound approach " "On Forest Home Drive at Warren Road , eastbound approach " "On Forest Home Drive at Warren Road , westbound approach " "On Game Farm Road at Ellis Hollow Road " "On Halcyon Hill at its intersection with Warren Road " " On Honness Lane at Pine Tree Road " "On Hopkins Road at Bundy Road " "On Hopkins Road at Hayts Road " "On Indian Creek Road at Dubois Road " " On Juniper Drive at Coddington Road " "On Kay Street at Hanshaw Road " "On Maple Avenue at Pine Tree Road " " On Muriel Street at Hanshaw Road " "On Northview Road at Coddington Road " "On Northview Road West at Coddington Road " " On Orchard Hill Road at Dubois Road " " On Orchard Street at Hanshaw Road " "On Perry Lane at Bundy Road " " On Poole Road at Sheffield Road " "On Renwick Place at its northerly intersection with East Shore Drive": " On Renwick Place at its southerly intersection with East Shore Drive" "On Rich Road at Coddington Road " " On Ridgecrest Road at East King Road " " On Roat Street at Hanshaw Road " "On Salem Drive at Hanshaw Road " " On Sapsucker Woods Road at Hanshaw Road " "On Saunders Road at East King Road " "On Seven Mile Drive at Bostwick Road " "On Snyder Hill Road at its intersection with Pine Tree Road " " On Southwoods Drive at its intersection with East King Road " "On Spruce Way at Coddington Road " " On Summerhill Lane at Ellis Hollow Road " "On Updike Road at Coddington Road " "On Whitetail Drive at its intersection with East King Road " "On Whitetail Drive at its intersection with Troy Road " " On Winthrop Drive at Warren Road " "On Woolf Lane at its intersection with Dubois Road " 3 . Changing the following entries : From "On old Burns Road at its southbound approach to the intersection with 2 new Burns Road " to "On Burns Way apt its southbound approach to the intersection with Burns Road " From "On Penny Lane at Abbey Road , eastbound approach " to " On Penny Lane at Lois Lane , eastbound approach " C . Schedule B at the end of said Chapter designated as "250 Attachment 2" and entitled "Yield Intersections " and referred to in § 2.60 -19 of said Chapter, entitled "Yield Signs" , is amended by 1 : Deleting from the list on Schedule B the following entry : " On Sunnyhill Lane at Harwick Road " 2 . Changing the entry reading " On Penny . Lane at Abbey Road , westbound approach " to read " On Penny Lane at Lois Lane , westbound approach " Section 2 . Partial Invalidity . If any provision of this law is found invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3 . Effective Date . This local law shall be effective upon the later of (a) its filing with the Secretary of State or (b) 10 days after publication and posting in accordance with Section 133 of the Town Law as if this local law were an ordinance . 3 January 10 , 2005 Town Board Meeting ATTACHMENT # 5 Agenda Item No . 12 2004/2005 Cost Increases Associated with the Union Contract Two tables are provided below that show the financial impact of the recently negotiated and approved Commission employee union contract. The difference in the tables is that the first one includes additional costs for On-Call time, whereas the second one does not. The differentiation is made since costs for On-Call time will increase, but this is due to the Commission requesting that distribution employees be on-call during weekdays, in addition to their current weekend on-call duties. The rate of compensation for being on-call has not been increased. 2004 2005 Increase$ Increase% Salary $ 371 , 993 . 62 $ 383 , 153 .43 $ 115159 . 81 3 . 0% Overtime $ 497 . 10 $ 497 . 10 Shift Differential $ 4, 190 . 85 $ 4,656 . 50 $ 465 . 65 11 . 11 On-Call $ 109792 . 91 $ 155749 . 81 $ 45956 . 90 45 . 93 Call-In $ 7,287 . 70 $ 9, 175 . 92 $ 1 , 888 . 22 25 . 91 Call-In $ $ 212 . 00 $ 212 . 00 Uniforms & Safety Shoes $ 25600 . 00 $ 25500 . 00 $ ( 100 . 00) -3 . 85 Holiday Pay (11) $ 2 ,981 . 53 $ 5 ,467 . 05 $ 25485 . 53 83 . 36 Health Insurance Buy Back $ 174 . 00 $ 366 . 00 $ 192 . 00 110 . 34 $ 4009020.60 $ 4219777.81 $ 21975711 1 5.44 Increases without Considering Weekday On-Call 2004 2005 Increase$ Increase% Salary $ 3719993 . 62 $ 3839153 .43 $ 11 , 159 . 81 3 . 0% Overtime $ 497 . 10 $ 497 . 10 Shift Differential $ 4, 190 . 85 $ 056 . 50 $ 465 . 65 11 . 11 Call-In $ 75287 . 70 $ 95175 . 92 $ 15888 . 22 25091 Call-In $ - $ 212 . 00 $ 212 . 00 Uniforms & Safety Shoes $ 25600 . 00 $ 2 , 500 . 00 $ ( 100 . 00) -3 . 85 Holiday Pay (11 ) $ 2 ,981 . 53 $ 51467 . 05 $ 2 ,485 . 53 83 . 36 Health Insurance Buy Back $ 174 . 00 $ 366 . 00 $ 192 . 00 110 . 34 $ 3899227.69 $ 4069028.00 $ 169800.31 4932 GENDA # 12 Union Contract Table of Contents ARTICLE I PREAMBLE ' 2 ARTICLE II - RECOGNITION 3 ARTICLE III - COLLECTIVE BARGAINING UNIT 3 P ARTICLE IV - MANAGEMENT RIGHTS 3/4 ARTICLE V- NEW TECHNOLOGIES/EQUIPMENT 5 ARTICLE VI - NO STRIKE GUARANTEE 5 ARTICLE VII - SENIORITY 6 ARTICLE VIII - UNION BUSINESS 7 ARTICLE IX - GRIEVANCE PROCEDURE 8/9 ARTICLE X - SEVERABILITY 10 ARTICLE XI - CONFLICT WITH INTERMUNICIPAL AGREEMENT 10 ARTICLE XII - COMPLETE AGREEMENT 10 ARTICLE XIII - APPROVAL OF AGREEMENT 10 ARTICLE XIV - OVERTIME 11 ARTICLE XV - SHIFT DIFFERENTIAL 11 ARTICLE XVI - ON-CALL 11 ARTICLE XVII - CALL IN 11 ARTICLE XVIII - COMPENSATORY TIME 12 ARTICLE XIX - UNIFORMS AND SAFETY SHOES 12 ARTICLE XX - HOLIDAYS 12 ARTICLE XXI - VACATION 13 ARTICLE XXII - DENTAL INSURANCE 13 ARTICLE XXIII = HEALTH INSURANCE 13114 ARTICLE XXIV - WAGES 15 ARTICLE XXV - LEADPERSON COMPENSATION 15 ARTICLE XXVI - OTHER BENEFITS 16 ARTICLE XXVII- TERM OF AGREEMENT 16 n CI AGREEMENT This Agreement entered into this _ day of , by and between the Southern Cayuga Lake Intermunicipal .Water Commission, a municipal corporation, hereinafter called the "Employer", and the International Union of Operating Engineers, Local 832S , hereinafter called the "Union". WITNESSETH, WHEREAS , the Employer and the Union, as parties to this Agreement, have consented to entering into written contracts with respect to wages, rates of pay and other terms and conditions of work, and WHEREAS , it is the policy of the Employer to protect the public by assuring at all times the orderly and uninterrupted operation of its facilities, and WHEREAS , one method of effectuating these policies is by granting to its employees the right of organization and representation, and WHEREAS , the parties have reached certain understandings . which they consent to confirm in this Agreement, NOW THEREFORE, in consideration of the following mutual covenants , it is hereby agreed as follows : ARTICLE I - PREAMBLE The Employer and the Union declare it to be their mutual policy that in order to promote harmonious labor relations between the Employer and its employees, the principle of collective negotiations is to be employed pursuant to the New York State Public Employee' s Fair Employment _ Act and that no Article or Section in this contract is to be construed to be in any violation of New York State Civil Service Law . Both parties to this contract furthermore affirm that public employment is to be regarded as a lifelong career and that as such, the terms conditions of employment and working conditions shall be of the highest caliber. We furthermore, affirm that each employee shall at all times be a dedicated, courteous and efficient representative of public employment, realizing full well that he/she is under the constant scrutiny of the public at large, and that he/she is performing an essential service for the benefit of the citizens of the community at large. The Union pledges its full cooperation to the Employer for the purposes of implementing the Employer' s Affirmative Action Policy, providing this shall not affect any employee rights under Civil Service Law or under the provisions of this Agreement. Page 2 of 16 ARTICLE II - RECOGNITION Section 1. The Employer recognizes the Union as the sole and exclusive representative for all the employees described in Article III for the purposes of collective bargaining and processing of grievances for the periods and subject to the changes as provided in the Taylor Act. Section 2. The Employer shall deduct from the wages of employees and remit to the Union regular membership dues for those employees who signed authorizations permitting such payroll deductions . The Employer agrees to deduct from the wages of employees and remit to the Union Voluntary Political Action Fund, a voluntary deduction specified by the employee, pursuant to a properly executed check-off authorization form which has been mutually agreed to between the Employer and the Union. The Union shall indemnify and hold the Employer harmless against any and all claims, suits, orders or other forms of liability that shall arise out of, or for reason of action taken by the Employer, in reliance upon payroll deduction authorization cards submitted by the Union to the Employer. ARTICLE III - COLLECTIVE BARGAINING UNIT Job Titles : Water Treatment Plant Operator Instruments and Controls Mechanic/Operator Distribution Operator ARTICLE IV - MANAGEMENT RIGHTS Except as otherwise specifically provided in the Agreement, the Employer retains all of the rights, functions , duties and responsibilities of management currently accorded it by law. These rights include, by way of illustration but not limited to : a. The determination of the mission, purpose, objectives, policies , and programs of the Employer. b . The determination of the size and qualifications of the work force, including the allocation and assignment of work or workers ; the content .of job classifications ; the determination of policies affecting the selection and training of the employees and the ultimate authority to hire, recall, transfer, promote, evaluate, lay off, suspend, demote or dismiss employees , subject to applicable provisions of the Civil Service Law of the State of New York; c. The full and exclusive control of the management of the Employer; the supervision of all operations ; including the means, methods, manner, standards and processes by which any and all work will be performed; Page 3 of 16 d. The right to change existing, or introduce new equipment, operations, methods , processes , means or facilities as determined to be in the best interest of the Employer; e. The right to schedule operations , including the right to change work schedules. The employer shall provide employees with as much advance notice as practicable for any major, long-term or short-term change in work schedules . The employer reserves the right to alter work schedules for, but not limited to, vacations , personal leaves, sick leaves, holidays, and personal time taken by members of the bargaining unit; f. The right to implement permanent, temporary or seasonal layoffs and/or the right to implement work sharing schedules or work week reduction schedules as an attempt to avoid layoffs in the event that insufficient work is available to support the full work force in accordance with Article VI - Seniority; g. The right to determine the nature, mix and extent of services. utilities and energy resources to be produced, utilized, contracted for and/or purchased by the Employer; h. The right to determine and enforce work rules , standards of personal behavior on the job, qualitative and quantitative standards of performance and occupational health and safety standards ; i. The right to alter past work customs, traditions , and practices ; j . The right to subcontract any and all work when and as deemed necessary by the Employer; k. The right to establish and enforce rules and procedures for discipline and discharge for just cause. Furthermore, the exercise or non-exercise of rights hereby retained by the Employer shall not be deemed a waiver of any such right or prevent the Employer from exercising such rights in any way in the future. Page 4 of 16 ARTICLE V — NEW TECHNOLOGIES/EQUIPMENT Notwithstanding any other provisions of this agreement, Employer agrees that if Employer implements ,' new technologies, introduces new equipment, or enters into contracts relating solely to operations performed by the members of the bargaining unit, and if any of such actions would have a significant adverse effect upon the job security or job titles of employees in the bargaining unit, Employer will make a reasonable effort to discuss same with the union prior to such implementation, introduction, or contract execution. Such discussions shall be solely for the purpose of seeking the union' s input on the Employer's proposed actions and to identify the potential effects such actions would have on the members of the bargaining unit. This clause, however, is in no way intended to preclude Employer from proceeding with such proposed implementation, introduction, or contract execution once Employer initiates discussion, even if the Employer and union are unable to agree on steps, if any, to mitigate any significant adverse effects of such actions on the members of the bargaining unit. ARTICLE VI - NO STRIKE GUARANTEE The 'Union affirms that under no circumstances shall the Union, its officials, its employees, its affiliates, or its members , directly or indirectly cause, instigate, permit, support, encourage or condone, nor shall any employee or employees, directly or indirectly, take part in any action against or any interference with the operations of the Employer or any of the municipalities associated with the Employer, such as a strike, work stoppage, sit-down, stay-in, slow-down, curtailment of work, restriction of production, or any picketing, patrolling or demonstrations at any location where operations of the Employer or operations of any municipality associated with the Employer are conducted whatsoever during the term of this Agreement and as a continuing obligation beyond the term of this Agreement. In the event of any such action or interference, and on notice from the Employer, the Union without delay shall take whatever affirmative action is necessary to prevent and bring about the termination of such action or interference. Such affirmative action shall include the immediate disavowal and refusal to recognize any such action or interference and the Union immediately shall instruct any and all employees to cease their misconduct and inform them that their misconduct is a violation of the Agreement subjecting them to disciplinary action, including discharge. In addition the Union shall within twenty-four (24) hours of any such action or interference, deliver the following notice to the Employer: "To all employees of Southern Cayuga Lake Intermunicipal Water Commission represented by Local 832S, International Union of Operating Engineers, AFL-CIO: Your are advised that the action against and interference with the operations of the Southern Cayuga Lake Intermunicipal Water Commission which took place (date) is unauthorized by the Union and in violation of the collective bargaining Agreement. You are directed to cease this action and interference immediately." An authorized official of the Union shall sign the notice. Nothing herein shall preclude. the Employer from seeking legal or other redress of any individual who has caused damage to or loss of Employer property or from taking disciplinary action, including discharge, against any employee. Any such disciplinary action taken shall not be reviewable through the grievance and arbitration procedures , except for the fact question of whether the employee took part in any such action or interference. Page 5 of 16 ARTICLE VII - SENIORITY Seniority shall be defined as the length of continuous service with the Employer for the purpose of shift preference, vacation selection, lay off and recall . Seniority in respect to shift preference may be utilized only if a shift vacancy exists . An employee shall lose seniority if the employee : a. Resigns or quits . b . Is discharged or terminated (unless reversed through the grievance, arbitration, or Civil Service procedure) . c. Retires . d. Does not return from layoff within three (3 ) working days aftE;r being notified, by certified or registered mail or by telegram addressed to the employee at his last forwarding address filed with the Employer, to return to work. An employee who moves must notify the Employer of his change of address in writing within five (5) calendar days of such move. e. Has been on layoff for a time equal to his seniority at the time of his layoff or twelve ( 12) months , whichever is less . f. Is absent from work or fails to return to work at the expiration of a leave of absence, vacation or disciplinary layoff, for three (3 ) consecutive working days without notifying and receiving approval from the General Manager or designee. g. Is transferred or promoted into another position with the Employer, except such an employee shall have the right to return to his/her former position (with no loss of seniority) for a period of thirty (30) calendar days , provided such employee has not been discharged from his/her position in that department for misconduct. h. The employee fails to return to employment at the Employer within one year following the expiration of Short-Term Disability Leave. i . An employee on a continuous absence from work due to a work-related injury or illness who fails to return to work within one year of a determination by a. physician that the employee is permanently disabled or if the employee fails to return to work within thirty (30) months following an absence due to work-related injury or illness . Bargaining unit employees who are promoted to supervisory positions with the Employer shall be eligible to return to the bargaining unit within three (3 ) months from the date of promotion, provided such employee has not been discharged for misconduct. Page 6 of 16 ARTICLE VIII - UNION BUSINESS Section 1. The Union shall designate no more than two bargaining unit employees as the duly authorized shop stewards who shall be the representatives of the Union for all matters related to this Agreement. Without limiting the foregoing, such designated shop stewards shall be the representatives of the Union for purposes of (i) communications between the Union and the Employer, and (ii) investigation, negotiating and pursuing grievances under this Agreement. The Union shall give written notice to the Employer of the names of such shop stewards . When there are references to the shop steward in this Agreement, the references mean the duly authorized shop stewards so designated by the Union and no other shop stewards. The shop stewards will be provided the following time off from his/her assigned schedule of work, without loss of pay, for the purpose of adjusting grievances or assisting in the administration of this Agreement in meetings with management: a. One hour to investigate prior to a Step 1 grievance hearing. b . One-half hour to meet prior to a Step 2 grievance hearing and subsequent Steps . c. All time in a grievance meeting with management. Only one of the shop stewards will investigate and represent an employee in grievance hearings and meetings for any individual grievance. Section 2. Representatives of the Union shall have reasonable access to the facility, upon prior approval of the Employer, for the purposes of conferring with the Employer, the shop steward And/or bargaining unit employees and for the purpose of administering the terms of this Agreement. Requests for approval will not be unreasonably denied by the Employer. Denial of a request received by the Employer less than three business days before the date of requested access shall not be an unreasonable denial. Section 3. The Union shall be provided a bulletin board, to be located in a reasonably public location selected by the Employer, not exceeding nine square feet in size, for the posting of notices or other information for the bargaining unit employees, related to Union business . No inappropriate communications (as determined by the Employer' s General Manager) which would reflect adversely on the reputation of the Employer or which could constitute harassment of other employees shall be placed on such bulletin board. Section 4. Except for actual time in a grievance hearing or meeting with a representative of the Employer, employee business with the Union shall be conducted during non-duty hours . Except for use of the bulletin board set forth above, no Employer facilities , including telephones , computers, and copy machines , shall be used for Union business except as follows : Employees may occasionally use the Commission' s equipment on their own time, however, the following rules apply. 1 . All work performed and time scheduled must first be approved by the appropriate Department Head, 2. Work must be performed outside normal hours (the lunch period may be used). 3 . Equipment may be used, but not materials (paper and computer supplies, etc:). 4. Copiers may be used, but copies must be paid for at the public charged rate of $0.25 . Flexibility is allowed for 1 or 2 occasional copies. Page 7 of 16 ARTICLE IX - GRIEVANCE PROCEDURE Section 1. As used in this Article, a grievance shall mean any claim or controversy arising out of and during the term of this Agreement relating to the interpretation, application, or breach of the provisions of this agreement. When any such grievance arises, the procedures set forth in Section 2 shall be observed. Section 2. Step 1 - An aggrieved employee and/or a Union officer or shop steward shall notify the aggrieved employee' s immediate supervisor within five days from the date on which the cause of the complaint occurred or from the date the employee had reason to know of its occurrence. The supervisor will arrange to meet with the employee and his/her shop steward promptly to discuss the grievance. The supervisor will provide an answer to the employee within five working days following the Step 1 meeting. Step 2 - If a satisfactory settlement is not reached in Step 1 , the grievance may be appealed, in writing, to the General Manager or his/her designee provided it is appealed within seven working days following the Step 1 decision. The grievance shall be dated and signed by the grievant and the shop . steward and shall set forth the nature of the grievance including contract provisions allegedly violated, facts and pertinent dates , and the remedies desired. The General Manager or designee will arrange for and will meet with the grievant and the shop steward within seven working days following receipt of the written grievance. A written answer will be provided within five working days following the Step 2 meeting. Step 3 - If the employee does not receive a satisfactory answer in Step 2, the Union may appeal the grievance, in writing, to the Chair of the Employer' s Personnel Committee, or designee, provided it is appealed within five working days following the date of receipt of the Step 2 decision. The Chair of the Employer' s Personnel Committee, or designee, will arrange to meet with the grievant, his/her shop steward and the Union representative, within five working days of receipt of the written grievance from the Union. A written answer will be provided within seven working days following the Step 3 meeting. Page 8 of 16 Step 4 - In the event the grievance is not resolved, the Union may appeal the grievance to arbitration in accordance with the procedures of the Federal Mediation and Conciliation Service, within ten working days following receipt of the Step 3 decision. FMCS shall be petitioned to provide a panel of seven arbitrators, from which the Employer and the Union will alternately strike names until one remains, within fourteen working days of receipt of the list. a). It is understood by the parties that the cost of the arbitration shall be borne equally by the parties . b) . The findings, conclusions and recommendations of the arbitrator shall be final, conclusive and binding upon all parties . c) . The arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 , of this Article, and shall have no power to add to, subtract from, or modify in any way the terms of this collective bargaining agreement. d) . The arbitrator' s decision shall be rendered in accordance with the time limits of the FMCS . Section 3. Every employee shall have the right to present his/her grievance free from interference; coercion, restraint, discrimination or reprisal by either the Employer or the Union and shall have the right to representation by his/her shop steward or Union representative. Section 4. Any disposition of a grievance from which no appeal is taken within the time limits specified shall be deemed resolved in accordance with the decision at the step from which an appeal could have been taken and shall not thereafter be considered subject to the grievance and arbitration procedure. Section 5. Failure on the part of the Employer to answer within the time limits specified will advance the grievance to the next step. Section 6. The Union shall have the right to submit class action grievances , to be presented initially at Step 2, within the time limits specified in Step 1 , Section 7. The submission by an Employee of any grievance pursuant to this Agreement of a matter that could also be subject to the New York State Civil Service Law provisions regarding discipline shall be accompanied by a document, signed by the Employee, pursuant to which the Employee waives his right to a hearing under the Civil Service Law and agrees to accept the final decision under this grievance procedure as final and binding, and not subject to further Civil Service Law proceedings. Conversely, if an Employee has sought a hearing under the Civil Service Law, the Employee and Union agree that the decision in the Civil Service Law proceeding shall be final and in lieu of any grievance proceedings pursuant to this Agreement. Page 9 of 16 ARTICLE X — SEVERABILITY It is not the intent of either party hereto to violate any laws or rulings or regulations of any Governmental authority or agency having jurisdiction of the subject matter of this Agreement, and the parties hereto agree that in the event any provisions of this Agreement are held or constituted to be void as being in contravention of any such laws , rulings or regulations, nevertheless , the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portion of the Agreement. ARTICLE XI - CONFLICT WITH INTERMUNICIPAL AGREEMENT The Union acknowledges that it knows the Employer is a Commission created by virtue of an intermunicipal agreement (the "Intermunicipal Agreement") between the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing, acting, on their own behalf and on behalf of certain water districts located within the boundaries of certain of such Towns . The Union also acknowledges that the Employer' s authority to act and to agree is limited to the authority granted by the terms of the Intermunicipal Agreement. Accordingly, the Union and Employer agree that in the event any provision of this Agreement is in conflict with, or in excess of any authority granted to the Employer by, the Intermunicipal Agreement, such provision shall be deemed null and void and unenforceable by the Union against the Employer or any of its constituent municipalities . ARTICLE XII - COMPLETE AGREEMENT The parties agree that each has had unlimited right to present proposals and counterproposals concerning wages , hours and other terms and conditions of work, the results of which are set forth in this Agreement. This document constitutes the entire Agreement between the parties and no verbal statement or other agreement in whatever form, except an amendment to this Agreement in writing annexed hereto and specifically designated as an amendment, shall supersede or vary any of the provisions of this Agreement. ARTICLE XIII - APPROVAL OF AGREEMENT This Agreement shall not be binding upon the Employer until it is approved by the governing bodies of the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing. Employer agrees to notify the Union of the decision of each of such bodies within one week of the vote on same. , The following agreement is included pursuant to Civil Service; Law Section 204-a: It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval . Page 10 of 16 ARTICLE XIV - OVERTIME Hours an employee works in excess of 40 per week. The Fair Labor Standards Act of 1938 requires that overtime pay must be paid at a rate of not less than one and one-half times the non-exempt employee's regular rate of pay for each hour worked in excess of 40 hours per week. Overtime is calculated on a weekly basis and not a bi-weekly pay period. Employee fringes used to make up a 40-hour week will be included in the calculation of overtime pay. Distribution Employees will be paid time and one-half for all hours worked over 8 hours in one day. All employees must use paid time off fringes prior to going un-paid for time off. Distribution Employees will be granted first shift overtime for hours worked while performing 20 % audits. ARTICLE XV - SHIFT DIFFERENTIAL Production and Distribution Department employees working 4:00 pm to midnight (2"d Shift), will . be paid at an increase of $1.00 per hour, and working midnight to 8 : 00 am (3rd Shift), will be paid at an increase of $1.50 per hour. . An employee who works overtime hours as an extension of their scheduled shift, either at the beginning or end of the shift, and the overtime hours are an extension to a shift hour that qualifies for a shift differential, shall have the applicable shift differential folded into their existing base hourly rate for the calculation of the overtime rate for those . hours . ARTICLE XVI - ON-CALL The Production and Distribution Department employees are required to rotate being "on call" for weekends an d holidays . Distribution Department employees are additionally required to be "on call' from 4 :00 p.m. to 8 :00 a.m. Monday through Thursday. During this time they must remain in radio or general telephone contact and be able to respond to the plant or work site within one hour, fit for duty. Employees will be paid one and one half hours at time and one half for each 24 hours of on call time for a normal two-day weekend. If the weekend is extended due to a holiday, an additional hour and one half will be given for each additional 24 hours on call. Distribution Department employees will be paid one hour at time and one half for each 16 hour weekday on call period of 4:00 p.m. to 8 :00 a.m. Monday through Thursday. This provision is in addition to overtime pay for any hours actually worked while "on call". ARTICLE XVII - CALL IN Employees who are called in to work are guaranteed a minimum of three hours work call-in pay at a rate of time and one half. If an Employee is asked to come into work within two hours of the start of his/her shift, the employee will receive one hour pay at straight time for the unscheduled early start and time and one-half for the time worked on the early start. Therefore, the employee is required to remain on duty. Page 11 of 16 ARTICLE XVIII - COMPENSATORY TIME At the option of the employee, time off may be taken in lieu of monetary overtime compensation provide& that the employee has prior Department Manager approval. This is extended to employees who are non-exempt under Section 207 of the Fair Labor Standards Act (FI.SA) . Employees will earn compensatory time at straight time from 371/2 to 40 hours per week. Employees will earn compensatory time at time and one half for all hours over 40 in a week. Compensatory time will accrue up to a limit of 40 hours. Vacation, Sick, and Personal time can not be used to earn compensatory time. Employees must sign an employer prepared written agreement to accept compensatory time at time and one half in place of overtime pay. ARTICLE XIX - UNIFORMS AND SAFETY SHOES Distribution employees are required to wear uniform style clothing during all working hours and Production employees have the option of wearing uniform style clothing. Production employees that elect to wear uniform style clothing are required to wear the uniform style clothing during all working hours. Distribution and Production employees must wear OSHA approved steel-toed safety shoes while on duty. For Distribution employees, and for Production employees that wear uniform style clothing, the Commission will provide reimbursement for uniforms and safety shoes up to a maximum of $250.00 per year. For Production employees that do not wear uniform style clothing, the Commission will provide reimbursement for safety shoes up to a maximum of $100.00 per year. Uniforms will display an employee's first name and identify him/her as a Commission employee; the cost of the name and logo will be absorbed by the Commission. ARTICLE XX - HOLIDAYS New Year's Day - I January 1st Martin Luther King JR' s Birthday - Third Monday in January President's Day - Third Monday in Februteu-y Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Columbus Day - Second Monday in October Veterans ' Day - November 11th Thanksgiving Day - Fourth Thursday in November Day after Thanksgiving- Fourth Friday in November Christmas Day - December 25th Floating Holiday- new date specified each year by vote of all Commission staff Employees who work on a Holiday (except the floating holiday) as part of their regular shift will receive pay at a rate of time and one half for the hours worked on said holidays and holiday pay at straight time for the hours worked on said holiday. Emplloyees who work on the floating holiday as part of their regular shift will be paid straight time for hours worked on those holidays and a moved holiday. Employees may take a moved holiday on a day of their discretion provided that it is consistent with the operational needs of the employer and approved by the employee' s Department Manager. Page 12 of 16 ARTICLE XXI - VACATION Employees will be granted vacation according to the following schedules : less than 5 years 10 days 5 — 9 years 15 days 10 years 16 days 11 years 17 days 12 years 18 days 13 years 19 days 14 years plus 20 days VACATION SCHEDULE (For SCLIWC employees hired prior to January 1 , 1993) : 1 through 5 years 10 days 6 through 9 years 15 days 10 or more years 20 days Vacations must be consistent with the operational needs of the department and approved by the Department Manager, Vacation Buy Back: Employees are allowed to sell back up to 40 hours of accumulated vacation time in December of each year this contract is in effect provided that the employee has taken at least one week of vacation in the preceding twelve months . ARTICLE XXII - DENTAL INSURANCE Dental insurance is offered to all employees, but not including short-term temporary employees. All employees opting for dental insurance shall pay 100% of the family or individual premiums. ARTICLE XXIII - HEALTH INSURANCE Health insurance coverage is offered to all employees . Employees covered by this agreement shall receive the same Health Insurance benefits as non-covered, hourly employees in accordance with the policy then in effect as the same may be increased, altered, or reduced by the Commission with respect to other non-covered, hourly employees . If the employer changes the policy regarding Health Insurance benefits for non-covered, full time, hourly employees , the employer will notify the union and will meet with the union prior to implementation . Health Insurance Buy Back , Employees who elect not to take health insurance through the employer shall receive 50 % of the employer' s annual contribution for an individual policy provided that the employee provides proof to the employer. that the employee is covered by another health insurance plan which .provides health insurance coverage for the employee equal to or better than the coverage of the health insurance plan being offered by. the employer at that time. Page 13 of 16 Retirees Health Insurance Benefit, 1 . Eligibility: To be eligible for health insurance, the retiree must have retired from the SCLIWC and be receiving retirement benefits from the New York State and Local Retirement System. If the retiree does not fulfill the previous qualifications, but wishes health coverage through the group, he/she may do so by paying 100% of the premium. 2. Use of Sick Time: If a retiree has an accrued " sick time" balance, (not to exceed 960 hours), and wishes to continue health insurance coverage, they may do so . The sick balance will be computed to a dollar amount by multiplying the sick balance by the retiree' s hourly wage at the time of retirement. The coverage paid by the sick balance will be for an individual policy ONLY. A percentage, based on years of service, of the premium will be deducted from the retirees' "sick time" balance until it is depleted. YEARS OF SERVICE RETIREE' S PORTION COMMISSION' S PORTION AT RETIREMENT OF PREMIUMS OF PREMIUMS 30 AND OVER 25 % 75 % 25 -29 50% 50% 15-24 65 % 35 % 5- 14 80% 20% LESS THAN 5 100% 0% Employee's Survivors Health Insurance Benefit. In the event of the death of an employee who had at least 5 years of service, the decedent employee's dependents (spouse/partner and eligible children) can remain on the Commission ' s health insurance by paying 100 % of the insurance premium. Coverage can continue until the dependent has obtained health insurance coverage eligibility through another employer, through Medicare, or no longer meets the insurance plan ' s eligibility requirements, Leo , over the age of 19 and not a full time student. The survivor(s) must choose to continue the coverage by completing the appropriate insurance change form(s), or sign a waiver of coverage if they do not elect to continue coverage. The Commission reserves the right to allow the employee 's dependents to spend down the sick time balance by paying for the dependents ' health insurance. The premiums would be paid for 100 % from this sick time balance until it is depleted. Premiums paid by the decedent employee's dependents must be paid to the Commission each month to insure coverage. Payments overdue by 60 days will result in termination of coverage. The Commission will review the benefit of offering continued coverage of health insurance to survivor(s), beyond that required by law, every three years. Page 14 of 16 ARTICLE XXIV - WAGES Employees (covered under this contract will receive a 3.0 percent increase in their wages annually for each year the contract is in effect. 2004 Base 2005 Wage 2006 Wage 2007 Wage Years Employed Hourly Rate 3.0% 3.0% 3.0% Water Plant Operator 22 $18.27 $18.82 $19.38 $19.96 Water Plant Operator 14 $ 17.72 $ 18.25 $18.80 $19.36 Water Plant Operator 8 $16.50 $17.00 $17.50 $18.03 Water Plant Operator 8 $16.50 $17.00 $17.50 $18.03 Instr. & Contr. Mech./Oper. 21 $16.50 $17.00 $17.50 $18.03 Instr. & Contr. Mech./Oper. 4 $16.50 $ 17.00 $17.50 $18.03 Distribution Operator 16 $15.50 $15.97 $ 16.44 $16.94 Distribution Operator 6 $15.50 $15.97 $16,44 $16.94 Distribution Operator 4 $15.50 $15.97 $16,44 $16.94 Distribution Operator 3 $15.50 $15.97 $16.44 $16.94 Distribution Operator 2 1 $14.85 1 $15. 97 $ 16.44 1 $16.94 New Hires 103.00% 2005 2006 2007 2nd yr. 1 st yr. 2nd yr. 1 sAyrs. 2nd yr. Job Title No license 1 st yr. w/lic. w/lic. Job rate No license w/lic. w/lic. Job rate No license w w/lic. Job rate 0- 1 yrs. 1 -2 yrs. 2-3 yrs. >3 yrs. 0- 1 yrs. 1 -2 yrs. 2-3 yrs. >3 yrs. 0- 1 yrs. 1 - 2-3 yrs. >3 yr s. WTPO $ 14.20 $ 15.30 $ 16.39 $ 17.00 $ 14.63 $ 15.75 $ 16.88 $ 17.50 $ 15 .07 $ 16.23 $ 17.39 $ 18.03 I &CM/O $ 14.20 $ 15 .30 $ 16.39 $ 17.00 $ 14.63 $ 15.75 $ 16.88 $ 17 .50 $ 15.07 $ 16.23 $ 17.39 $ 18 .03 DO $ 13. 11 $ 14. 15 $ 15 .30 $ 15 .97 $ 13 .51 $ 14.58 $ 15 .75 $ 16.44 $ 13.91 $ 15.01 $ 16.23 $ 16.94 Longevity 10 to 14 years service $300.00 15 to 19 years Service $400.00 20 to 24 years service $500.00 >25 years service $600000 ARTICLE XXV - LEADPERSON COMPENSATION The Production and Distribution Department Leadpersons will receive a $ 1 ,000 annual stipend for the life of the contract. Page 15 of 16 ARTICLE XXVI - OTHER BENEFITS . Employees covered by this agreement shall receive the same Sick Leave, Personal Time, Bereavement Leave, Military Leave, Leave of Absence, Jury Duty, Short-term Disability, Long-term Disability, Group Life Insurance and Flexible Spending Plan benefits as non-covered, full time, hourly employees in accordance with the policies then in effect as the same may be increased, altered, or reduced by the Commission with respect to other non-covered, full time, hourly employees . If the employer changes any benefit for non-covered, full time, hourly employees , the employer will notify the union and will meet with the union prior to implementation . ARTICLE XXVII - TERM OF AGREEMENT This Agreement shall be effective as of the 1 " day of January 2005 and shall remain in full force and effect until the 3 Vt day of December 2007 . It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, at least 120 days prior to the expiration date, that it desires to modify the Agreement. Page 16 of 16 January 109 2005 Town Board Meeting ATTACHMENT # 6 Ww 00 0 00 o � LU .— r N ®o` m00 cn 0 0 Z 0 O° 000 0 0 00 0 coo, Z O O 000 Cho ' co 0 � 0 i t' M 0 Q co co 0) LO 0 r r co W r Lri rn 4c Lri cp co T LO T a C W Q m � H V W V 4 °O 0 000 0 °O °O OD Z c°fl c°0 o_ rn � L`O 0 L`rn_ O ft � , , 1 ,= Ln rn .- f m rn V/ T R T LO T G :) V/� OV ° 0m a U OT r V) W T In Z r O LO LO 0 w 2 0 � c6 O 0 Z N U LU H 0 X O W 0 LU O N 5 (L U ZFm O cc N Ef-} 69 O an w y o co °o O° °o °O °O 2 Z 0 0 0 Z 0 o � r 0 0 O L N O L CO LU U) 0 lJJ r C 0m0 U U W W W Q H � , _Z m H Q o Z 0 W 0 0 N O X z 0 W N 0 W j CL LL O Q x a p 0 a d w W Q Z w � H W LU Z > m W = 0 W C7 O Q 0 0 W Z_ Z W M 0 a m m 0 0- U Y Z Q Z W o ¢0 m 0 F- 3: a O W O } 0 0 0 if January . 10 , 2005 Town Board Meeting ATTACHMENT # 7 C� BENCHMARK ENVIRONMENTAL ENGINEERING & SCIENCE , PLLC i December 29 2004 r - F1 f Mr. Jonathan Kanter, A.I.C.P. " u s' DEC ' J 3 0 X04 Director of Planning Town of Ithaca TO ,;, . � C3, IT F-:AC, A 215 North Tioga Street Ithaca, New York 14850 Re: Proposal for Continuation of Technical Consulting Services Related to the Cornell Lake Source Cooling Project Dear Mr. Kanter: In response to the Town Board's request of November 15, 2004, we have prepared this proposal for Benchmark to continue provding third-party technical review and consulting 11 services related to the Lake Source Cooling (LSC) Project These services have been requested and are offered based upon the premise that ambient water quality monitoring will continue in Cayuga Lake as will statistical data assessment and periodic SPDES permit modifications for at least the next few years. How and when the NYSDEC will respond to our findings and recommendations submitted by the Town are uncertain. As such, the level of effort and scheduling of our services is also somewhat uncertain. However, the basic scope of services is reasonably predictable based upon the project history and NYSDEC procedures. i� SCOPE OF SERVICES Benchmark will provide the following services: ■ Review discharge monitoring reports prepared for the I- SC Plant, ■ Attend and participate in one annual LSC Data Sharing meeting. ■ Review SPDES discharge permit renewal application and/or modifications requested by Cornell, if any. Prepare written comments to the University and/or the New York State Department of Environmental Conservation on behalf of the Town; as appropriate. ■ Review new statistical evaluations of water quality data provided by Cornell and/or Upstate Freshwater Institute, if any. fit phone : ( 716 ) 856 - 0599 fax: ( 716 ) 856 - 0583 , C li Mr. Jonathan Kanter December 30, 2004 Town of Ithaca Page 2 of 2 ■ Telecommunicate with Town representatives as requested. ■ Present technical findings and recommendations to the Town Board (assume one meeting in Ithaca). We propose to invoice the Town periodically based on services rendered in accordance with , the attached Standard Billing Rates. Based upon our project history, we suggest a budget of $3,500 be established for calendar year 2005. We will advise you prior to exceeding this budget if additional funds may be necessary, or adjust the scope accordingly. It has been a pleasure serving the Town on this interesting and important project Please contact the undersigned if you require additional information or wish to discuss these matters further. If this :P is acceptable please countersign below and return one copy for our files. Sincerely, Benchmark Environmental Engineering & Science, PLLC Paul H. Werthman, P.E. Accepted by Town of Ithaca President Date: Attachment �� BENCHMARK L . �L n e BENCHMARK Environmental Engineering & Science, PLLC Standard Charges We propose to invoice in accordance with the following provisions: Al Hourly Rates. For services rendered during calendar year 2005, subject to adjustment after January 1 , 2006: , Classification Hourly Billing Rate Principal Engineer $ 125 Project Manager $ '99 Sr. Proj . Engineer/Scientist/Surveyor $ 84 Project Engineer/Scientist $ ,68 Engineer/Scientist $ 58 Sr. Technician „'! $ 46 Technician $ 30 Overtime-No overtime premium is charged , for work outside normal working hours. Be Other Direct Expenses. Except for certain in-house services, project expenses incurred with outside vendors , will be invoiced at cost. These services may include, but are not limited to: shipping charges; printing; supplies; equipment; traveling expenses; special insurance; licenses; and permits. Subcontracted services will be invoiced at cost plus a 10% handling charge. In-house services consist of: • Computers $2/hour surcharge" for microcomputers added to office labor.III • CADDjj $9/Hour surcharge for direct CADD usage. • Transportation $0375 /mi1e for autos $0.45 /mile for 4x4 vehicles • Reproduction $0. 10/copy for std. page size;$0.20/copy for 11x17 $0.95 /copy for std. color; $ 1 .90/copy . for 11x17 color or photograph • Communication $ 1 .00/ 11, page; $0.50 ea. add. page for Fax No charge for local telephone calls Long distance telephone calls at cost • Postage At cost • Equipment per standard schedule of usage rates for specialty equipment for field work C. Terms of Payment. Benchmark will submit an invoice for each month during which services were performed. The invoice will include the following information: A. For labor costs: employee names, labor classifications, number of hours worked, direct hourly labor rates. b. For direct expenses: description of the item, vendor name, vendor invoice no. (if available), invoice amount, and handling costs, if any. C, Carrying charges at 1 . 5% per month for delinquent payments outstanding over 30 days. d. Applicable sales or value-added taxes. Payment Due Date. All invoices are due and payable within 30 days of the invoice date. TOWN OF ITHACA DETAIL SUMMARY OF TRANSACTIONS FOR MONITORING LAKE SOURCE COOLING TRANSACTION DESCRIPTION DATE RECEIPT DISBURSEMENT AMOUNT BALANCE 2000 INITIAL ESCROW DEPOSIT 8/28 $ 20,000.00 $ - $ 20,000.00 BENCHMARK ENVIRONMENTAL 12/29 2, 108.78 (2, 108.78) INTEREST FOR OCT - NOV 2000 146.82 - 146. 82 TOTAL NET TRANSACTIONS 2000 18,038.04 YEAR-TO-DATE BALANCE $ 18,038.04 2001 BENCHMARK ENVIRONMENTAL 6/20 11004.45 (1 ,004.45) BENCHMARK ENVIRONMENTAL 12/21 - 21605.00 (21605.00) INTEREST FOR DEC - NOV 2001 461 .58 461 .58 TOTAL NET TRANSACTIONS 2001 (31147.87) YEAR-TO-DATE BALANCE 14,890.17 2002 BENCHMARKENVIRONMENTAL 1 /14 11005.98 (11005.98) BENCHMARK ENVIRONMENTAL 6/17 6,778.29 (61778.29) BENCHMARK ENVIRONMENTAL 7/18 51695. 10 (5,695. 10) BENCHMARK ENVIRONMENTAL 9/16 - 51006.40 (50006.40) CASH ADVANCE FROM GEN'L TOWNWIDE FUND 9/17 3,429.32 31429.32 2ND REMITTANCE FROM CORNELL 9/18 20,774.68 - 20,774.68 BENCHMARK ENVIRONMENTAL 10/18 11541 . 50 (11541 .50) BENCHMARK ENVIRONMENTAL 11 /20 666.00 (666.00) BENCHMARK ENVIRONMENTAL 12/18 2,239.65 (22239.65) INTEREST FOR DEC - NOV 2002 193.68 193.68 TOTAL NET TRANSACTIONS 2002 1 ,464.76 YEAR-TO-DATE BALANCE 16,354.93 2003 BENCHMARK ENVIRONMENTAL 3/11 11180.20 (11180.20) BENCHMARK ENVIRONMENTAL 4/21 21509.50 (21509.50) BENCHMARK ENVIRONMENTAL 5/22 1 ,342.98 (11342. 98) BENCHMARK ENVIRONMENTAL 6/23 11306.40 (1 ,306.40) INTEREST FOR DEC - NOV 2003 114.76 - 114.76 TOTAL NET TRANSACTIONS 2003 (6,224.32) YEAR-TO-DATE BALANCE 109130.61 2004 BENCHMARK ENVIRONMENTAL 10/18 - 41970.00 (41970.00) BENCHMARK ENVIRONMENTAL 12/16 71213.50 (7,213.50) ADVANCE FROM GEN'L PART TOWN FUND 12/16 21004.62 2,004.62 INTEREST FOR DEC - NOV 2004 48.27 48.27 TOTAL NET TRANSACTIONS 2004 (103130.61 ) YEAR-TO-DATE BALANCE $ 47,173.73 $ 47,173.73 $ SUMMARY MONEY FROM CORNELL $ 40,774.68 $ - $ 40774.68 MONEY FROM TOWN OF ITHACA 31429.32 0 32429.32 MONEY FROM INTEREST EARNINGS 965. 11 0 965. 11 MONEY PAID BENCHMARK - 475173.73 (47 173.73) TOTAL $ 45,169.11 $ 479173.73 $ (21004.62) CORNELL OWES THE V-u-u TOW - - - N COST REIMB'MT 6/18/98 COMMITMENT LETTER $ 50,000.00 TOTAL RECEIVED TO DATE (40,774.68) LESS INTEREST EARNINGS APPLIED (965. 11 ) BALANCE CORNELL OWES THE TOWN/AGRM'T $ 8,260.21 THIS IS THE REMAINING FUNDS DUE THE TOWN. FROM CORNELL UNDER COMMITMENT LETTER LESS OUTSTANDING CASH ADVANCES MADE 3,429.32 OF 6/18/2000. BY THE TOWN BUT NOT REIMBURSED BY 22004.62 CORNELL OUTSTANDING ADVANCES NOT REIMBURSED $ 5,433.94 2005 TOWN BUDGET POSITION NET FUNDS FROM CORNELL $ 21826.27 LESS BENCHMARK 2005 ESTIMATED SERVICES (31500.00) 2005 UNDER BUDGET $ (673.73) THIS IS ADDITIONAL FUNDING FOR 2005 THAT THE TOWN BOARD NEEDS TO CONSIDER FOR APPROVAL. Page 1 of 1 January 10 , 2005 Town Board Meeting AVEN DA # 15 DECEMBER 7, 2004 ATTACHMENT # 8 MULTIJURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN VILLAGE OF CAYUGA HEIGHTS AND TOWN OF ITHACA This Agreement is entered into this _ day_ of., 20052804, between the Village of Cayuga Heights, Tompkins County, New York, and the Town of Ithaca, Tompkins County, New York (hereinafter jointly referred to as the "Parties " ) . RECITALS 1 . The Village of Cayuga Heights owns and operates the Village of Cayuga Heights Wastewater Treatment Plant ("VCHWWTP") . 2. The Town of Ithaca currently utilizes the VCHWWTP to treat some of the wastewater .originating in the Town of Ithaca. 3 . The VCHWWTP currently does not receive flows from any industrial users located within the Town of Ithaca, but it does receive residential flows , and industrial flows may occur in the future. Facilities contributing industrial wastewater are hereinafter referred to as industrial users . 4. The Village of Cayuga Heights must implement and enforce a pretreatment program to control discharges from all VCHWWTP industrial users pursuant to New York State Department of Environmental Conservation requirements specified in the Village of Cayuga Heights ' SPDES Permit. In this Agreement, the Town of Ithaca agrees to adopt a sewer use law that subjects VCHWWTP users within its boundaries to the necessary pretreatment controls ; and the Village of Cayuga Heights is authorized to implement and enforce that sewer use law. AGREEMENT LA. The Town of Ithaca will adopt a local sewer use law applicable to VCHWWTP users within its boundaries, with pretreatment provisions that are no less stringent than and are as broad in scope as the pretreatment provisions in the Village of Cayuga Heights ' sewer use law (Local Law # _ of 20052804) . The Town of Ithaca will forward to the Village of Cayuga Heights for review a draft of the pretreatment provisions of its proposed sewer use law within sixty (60) days of the effective date of this Agreement. The Town of Ithaca will adopt its sewer use law within sixty (60) days of receiving approval from the Village of Cayuga Heights of its content. B . Whenever the Village of Cayuga Heights revises the pretreatment provisions of its sewer use law, it will forward a copy of the revisions to the Town of Ithaca. The Town of Ithaca will adopt revisions to its sewer use law applicable to VCHWWTP users that are at least as stringent as those adopted by the Village of Cayuga Heights . The Town of Ithaca will forward to the Village of Cayuga Heights for review its proposed revisions within sixty (60) days of receipt of the Village of Cayuga Heights ' revisions . The Town of Ithaca will adopt its revisions within 1 DECEMBER 7, 2004 sixty (60) days of receiving approval from the Village of Cayuga Heights of the content thereof. C . The Town of Ithaca will adopt pollutant specific local limits applicable to VCHWWTP users within its boundaries that address at least the same pollutant parameters and are at least as stringent as the local limits enacted by the Village of Cayuga Heights within sixty (60) days of the effective date of this Agreement. If the Village of Cayuga Heights makes any revisions or additions to its local limits, the Village of Cayuga Heights will forward to the Town of Ithaca a copy of such revisions or additions within sixty (60) days of enactment thereof. The Town of Ithaca will adopt any such revisions or additions within sixty (60) days of receipt thereof. 2.A. The Town of Ithaca designates the Village of Cayuga Heights as the agent of the Town of Ithaca for the purposes of implementation and enforcement of the Town of Ithaca's sewer use law against VCHWWTP users located in the Town of Ithaca. The Village of Cayuga Heights may take any action under the Town of Ithaca's sewer use law that could have been taken by the Town of Ithaca, including the enforcement of the law in courts of law. Be The Village of Cayuga Heights, on behalf of and as agent for the Town of Ithaca, will perform technical and administrative duties necessary to implement and enforce the Town of Ithaca 's sewer use law applicable to VCHWWTP users. The Village of Cayuga Heights will : ( 1 ) update the industrial waste survey; (2) issue . permits to all industrial users required to obtain a permit; (3 ) conduct inspections , sampling, and analysis ; (4) take all appropriate enforcement action as outlined . in the Village of Cayuga Heights ' enforcement response plan (if any) and/or as provided for in the Town of Ithaca's sewer use law ; and (5 ) perform any other technical or administrative duties the Parties deem appropriate. In addition, the Village of Cayuga Heights may, as agent of the Town of Ithaca, take emergency action to stop or prevent any discharge into the VCHWWTP which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. 3 . Before an industrial user located outside the jurisdictional boundaries of the Town of Ithaca discharges into the portion(s) of the Town of Ithaca's sewer system that flows to the VCHWWTP, the Town of Ithaca and the Village of Cayuga Heights will enter into an agreement with the jurisdiction in which such industrial user is located. Such agreement will be substantially equivalent to this Agreement and must be entered into prior to a discharge from any such industrial user. 4 . The Village of Cayuga Heights will be responsible for all routine costs incurred by it in implementing the Town of Ithaca 's sewer use law that is the subject of this Agreement, including costs for routine sampling and analyses , inspections, permits, and communications with industrial users . Where noncompliance by an industrial user causes the Village of Cayuga Heights to incur non-routine costs, the Town of Ithaca will reimburse the Village of Cayuga Heights for all such non-routine costs , including reasonable attorney's fees, incurred in enforcing the Town of Ithaca 's sewer use law that is the subject of this Agreement. The Village of Cayuga Heights will provide the Town of Ithaca with a detailed accounting of all such non-routine costs . 5 .A. If any term of this Agreement is held to be invalid in any judicial action, the remaining terms will be unaffected. 2 DECEMBER 7, 2004 B . The Parties will review and revise this Agreement as necessary to ensure compliance with applicable provisions of the Federal Clean Water Act (42 U. S .C. § 1251 et se ) and rules and regulations see 40 CFR Part 403 ) issued thereunder, and with New York State Department of Environmental Conservation requirements , but in any event such review and necessary revisions shall occur at least once every three (3) years on a date to be determined by the Parties . C . The Village of Cayuga Heights may terminate this Agreement by providing one ( 1 ) year 's written notice to the Town of Ithaca. All benefits and obligations under this Agreement will cease one year from receipt of such notice . If notice of termination is given pursuant to this paragraph , the Parties will substitute a new agreement to replace this Agreement, unless the agreement listed in Paragraph 7 below p rmitting the Town of Ithaca to send wastewater to the VCHWWTP is also terminated. 6 . If the authority of the Village of Cayuga Heights to act as agent for the Town of Ithaca under this Agreement is questioned by an industrial user, court of law, or otherwise, the Town of Ithaca will take whatever action is necessary to ensure the implementation and enforcement of its sewer use law against its users of the VCHWWTP, including, but not limited to, implementing and enforcing its sewer use law on its own behalf and/or amending this Agreement to clarify the Village of Cayuga Heights' authority. 7 . This Agreement shall become effective on the date it is fully executed. Unless terminated sooner as provided in Paragraph 5 .0 above, the term of this Agreement shall be five (5) years. The Parties may agree in writing to renew this Agreement for additional five-year terms . A Party that does not intend to renew shall so notify the other Party at least one ( 1 ) year before the end of the then-current term. Notwithstanding the foregoing, this Agreement shall automatically terminate if the separate agreement dated between the Village of Cayuga Heights and the Town of Ithaca for the treatment of wastewater terminates . 8 . This Agreement constitutes the entire Agreement of the Parties . It may be amended only by the written consent of each of the Parties, with each Party executing and . acknowledging the document containing the amendment through its duly authorized representative. 9 . This Agreement shall be governed by the laws of the State of New York. 10 . Each Party represents and warrants that (a) this Agreement has been presented to its governing body; (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body; and (c) if required, all steps by way of public hearings and/or referendum or otherwise have been taken by the time of execution of this Agreement. Resolutions of each governing body approving this Agreement are attached to this Agreement as Exhibit A . 11 . No Party may assignor transfer its rights and interests in this Agreement to another entity without the prior written consent of the other Party. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the day(s) and year set forth below. 3 DECEMBER 7, 2004 VILLAGE OF CAYUGA HEIGHTS Dated: By: Walter R. Lynn, Mayor Village of Cayuga Heights TOWN OF ITHACA Dated: BY Catherine Valentino, Supervisor Town of Ithaca Dated: By: Will Burbank, Councilperson Town of Ithaca Dated: By: Herb Engman, Councilperson Town of Ithaca Dated: By: Sandra Gittelman,Councilperson Town of Ithaca Dated: By: Carolyn Grigorov, Councilperson Town of Ithaca Dated: By: 4 DECEMBER 7, 2004 William Lesser, Councilperson Town of Ithaca [ADD JURATS] 5 T DECEMBER 7, 2004 EXHIBIT A GOVERNING BODY RESOLUTIONS . [to be attached] 6 • DECEMBER 7, 2004 MULTIJURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN CITY OF ITHACA, TOWN OF ITHACA, TOWN OF DRYDEN AND 1) A 1J VILLAGE OF CAYUGA HEIGHTS This Agreement is entered into this day of , 20052984, between the City of Ithaca, Tompkins County, New York, Town of Ithaca, Tompkins County, New York, Town of Dryden , Tompkins County, New York, and Village of Cayuga Heights, Tompkins County, New York (hereinafter jointly referred to as the 'Parties ") . RECITALS 1 . The City of Ithaca, Town of Ithaca and Town of Dryden (hereinafter jointly referred to as the "IAWWTP Owners") jointly own and operate the Ithaca Area Wastewater Treatment Plant ("IAWWTP") . 20 Pursuant to separate agreements with the IAWWTP Owners and with the Town .of Ithaca, the Village of Cayuga Heights will utilize the IAWWTP to treat some of the wastewater originating in the Village of .Cayuga Heights. 3 . Facilities located in the Village of Cayuga Heights currently contribute wastewater that includes industrial waste to the municipal sewer system. Facilities contributing industrial wastewater are hereinafter referred to as industrial users . 4. The IAWWTP Owners must implement and enforce a pretreatment program to control discharges from all IAWWTP industrial users pursuant to requirements set out in 40 CFR Part 403 . In this Agreement, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the IAWWTP industrial users within its boundaries to the necessary pretreatment controls, and to implement and enforce that sewer use law. AGREEMENT LA. The Village of Cayuga Heights will adopt and diligently enforce a revised sewer use law applicable to IAWWTP users within its boundaries , with pretreatment provisions that are no less stringent than and are as broad in scope as the uniform pretreatment sewer use laws of the IAWWTP Owners (City of Ithaca Code Chapter 264 ; Town of Ithaca Code Chapter 214, Part 3 ; Town of Dryden Local Laws No. 5 and 6 of 1992, as amended by Local Laws No . 5 and 6 of 1998) . The Village of Cayuga Heights will forward to the IAWWTP Owners for review a draft of the pretreatment provisions of its proposed revised sewer use law within sixty (60) days of the effective date of this Agreement. The Village of Cayuga Heights will adopt its revised sewer use law within sixty (60) days of receiving approval from the IAWWTP Owners of its content. B : Whenever the IAWWTP Owners revise their pretreatment sewer use laws , they will forward a copy of the revisions to the Village of Cayuga Heights. The Village of Cayuga Heights will adopt revisions to its sewer use law applicable to IAWWTP users that are at least as stringent as those adopted by the IAWWTP Owners . The Village of Cayuga Heights will forward to the IAWWTP Owners for review its proposed revisions within sixty (60) days of receipt of the IAWWTP Owners ' s , revisions. The Village of Cayuga Heights will adopt its revisions within. sixty (60) days of receiving approval from the IAWWTP Owners of its content. C . The Village of Cayuga Heights will adopt and diligently enforce revised pollutant specific local limits applicable to IAWWTP users within its boundaries that address at least the same pollutant parameters and are at least as stringent as the local limits enacted by the IAWWTP Owners within sixty (60) days of the effective date of this Agreement. If the IAWWTP Owners make any revisions or . additions to the IAWWTP' s local limits , they will forward to the Village of Cayuga Heights a copy of such revisions or additions within sixty (60) days of enactment thereof. The Village of Cayuga Heights will adopt any such revisions or additions within sixty (60) days of receipt thereof. 2:A. The Village of Cayuga Heights will take all actions necessary to ensure that industrial users within its boundaries that discharge to the IAWWTP are subject to an approved pretreatment program to the extent required by 40 CFR 403 . 8 , including the performance of all technical and administrative duties necessary to implement and enforce its sewer use law against IAWWTP industrial users located in its jurisdiction. The Village of Cayuga Heights will : ( 1 ) update the industrial waste survey; (2) issue permits to all industrial users of the IAWWTP required to obtain a permit; (3) conduct inspections , sampling, and analysis ; (4) perform enforcement activities ; and (5) perform any other technical or administrative duties the Parties deem appropriate. In addition , the Village of Cayuga Heights will take . emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans , which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. B . The Village of Cayuga Heights will maintain current information on IAWWTP industrial users located in its jurisdiction. The Village of Cayuga Heights will update the industrial waste survey by January 1 of each year for IAWWTP industrial users located in its jurisdiction . The Village of Cayuga Heights will forward a copy of this survey to the IAWWTP's Chief Operator. C . Whenever a new IAWWTP industrial user begins operations in the Village of Cayuga Heights, or any time an existing IAWWTP industrial user increases its discharge by at least twenty percent (20%) or 5 ,000 gallons per day, whichever is greater, or changes its discharge, or any time it is requested by the IAWWTP Owners, the Village of Cayuga Heights will require that such industrial user respond to an industrial user questionnaire supplied by the IAWWTR The Village of Cayuga Heights will forward a copy of the completed questionnaire to the IAWWTP 's Chief Operator for review. D . The Village of Cayuga Heights will provide the IAWWTP Owners or their designees access to all records or documents relevant to the pretreatment program for any IAWWTP industrial user located in the Village of Cayuga Heights or discharging through the Village of Cayuga Heights to the IAWWTP. E. The Village of Cayuga Heights will inspect and sample all IAWWTP industrial users located in its jurisdiction each year. The Village of Cayuga Heights will submit advance written notice of scheduled inspections to the IAWWTP 's Chief Operator sufficient to provide the opportunity for IAWWTP personnel to attend all inspections . If an inspection is in response to an emergency situation and such notice is not possible, the Village of Cayuga Heights will make every effort to informally, notify the IAWWTP of the impending inspection so IAWWTP personnel may attend. The Village of Cayuga Heights will forward copies of all inspection 2 reports to the IAWWTP 's Chief Operator within fourteen ( 14) days of the inspection. The Village .of Cayuga Heights will submit to the IAWWTP its procedures for sampling and analyses, including all procedures in place for quality assurance and quality control . All procedures will conform to those set out in 40 CFR Part 136, except as otherwise required by the U. S . Environmental Protection Agency. F. The IAWWTP may, with notice to the Village of Cayuga Heights, conduct inspections and sampling at any IAWWTP industrial user's facility located within the Village of Cayuga Heights, as it deems necessary. G The Village of Cayuga Heights will issue permits to all IAWWTP industrial users required to be permitted under its sewer use law located in its jurisdiction. Permits must be issued prior to any discharge to the IAWWTP. Permits for industrial users discharging to the IAWWTP must contain, at a minimum, appropriate effluent limitations , monitoring and reporting requirements, a statement of duration, a statement of nontransferability, a statement of applicable civil and criminal penalties, and any other conditions requested to be included in the permit by the IAWWTP. After the Village of Cayuga Heights drafts a permit, it will forward a copy thereof to the IAWWTP's Chief Operator for review and comment at least sixty (60) days prior to the expected date of issuance. Within forty-five (45) days of receipt of the proposed permit, the IAWWTP will either approve the permit or request the Village of Cayuga Heights to make additions , deletions , or changes . No permit will be issued if the IAWWTP objects . H. The Village of Cayuga Heights will submit a monthly report to the IAWWTP ' s Chief Operator on the compliance status of each IAWWTP significant industrial user located within its jurisdiction and any enforcement response taken or anticipated. Such report will include the time frames for initial enforcement actions, as well as any subsequent enforcement actions . I. The Village of Cayuga Heights will enforce the provisions of its sewer use law and permits . In the event the Village of Cayuga Heights fails to take adequate enforcement action against noncompliant IAWWTP users in the Village of Cayuga Heights on a timely basis , the IAWWTP Owners or their designees will take such action on behalf of and as agent for the Village of Cayuga Heights. 3 . The IAWWTP Owners or their designees may take emergency action, whenever they deem necessary, to stop or prevent any discharge to the IAWWTP which . presents, or may present, an imminent danger to the health or welfare of humans , which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination . The IAWWTP Owners will provide informal notice to the industrial user and the Village of Cayuga Heights of their intent to take emergency action prior to taking action . The opportunity to respond, however, may be limited to a hearing after the emergency powers of the IAWWTP Owners have been exercised. 4. Before an industrial user located outside the jurisdictional boundaries of the Village of Cayuga Heights discharges into the IAWWTP via the Village of Cayuga Heights' sewer system, the Village of Cayuga Heights and the IAWWTP Owners will enter into an agreement with the jurisdiction in which such industrial user is located. Such agreement shall be substantially equivalent to this Agreement and must be fully executed prior to a discharge into the IAWWTP from any industrial user in the outside jurisdiction. A preliminary draft of such an agreement between the IAWWTP Owners, Village of Cayuga Heights and Village of Lansing (which will be needed if the proposed Remington Road flow diversion is 3 constructed) is attached as Exhibit A. Notwithstanding the foregoing, no such agreement shall be necessary for any users located in the Town of Ithaca or Town of Dryden that discharge into the IAWWTP via the Village of Cayuga Heights sewer system, because these Towns are co-owners and operators of the IAWWTP and already have sewer use laws in place that regulate IAWWTP users within their jurisdictions. 51 The Village of Cayuga Heights will indemnify the IAWWTP Owners for all damages, fines, and costs either incurred as a result of industrial waste discharged to the IAWWTP from users located within the Village of Cayuga Heights or from the failure of the Village of Cayuga Heights to comply with this Agreement. 6 .A. If any term of this Agreement is held to be invalid in any judicial action, the remaining terms of this Agreement will be unaffected. B . The Parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U. S .C. § 1251 et se .) and the rules and regulations see 40 CFR Part 403 ) issued thereunder, as necessary, but in any event such review and necessary revisions shall occur at least every three (3) years on a date to be determined by the Parties . C . The IAWWTP Owners may terminate this Agreement by providing one ( 1 ) year 's written notice to the Village of Cayuga Heights. All benefits and obligations under this Agreement will cease one ( 1 ) year from receipt of such notice. If notice of . termination is given pursuant to this paragraph, the Parties will substitute a new agreement to replace this Agreement, unless one or more of the agreements listed in Paragraph 7 below permitting the Village of Cayuga Heights to send wastewater to ; the IAWWTP are also terminated. 77 . � This Agreement shall become effective on the date it is fully executed. Unless terminated sooner as provided in Paragraph 6 .0 above, the term of this Agreement shall be five (5) years . The Parties may agree in writing to renew this Agreement for additional five-year terms. A Party that does not intend to renew shall so notify the other Parties at least one ( 1 ) year before the end of the then-current term. Notwithstanding the foregoing, this Agreement shall automatically terminate if one or more of the following agreements terminates : the Intermunicipal Wastewater Agreement dated December 31 , 2003 the plant to plant agreement dated between the Village of Cayuga Heights and the IAWWTP Owners., fef *" ° *r° ^ *^, °^ * of wastewater- *°-"" hates rthe agreement dated between the Village of Cayuga Heights and Town of Ithaca for the Village of Cayuga Heights ' use of the Town of Ithaca 's IAWWTP capacity. 8 . This Agreement constitutes the entire Agreement of the Parties . It may be amended only by the written consent of each of the Parties , with each Party executing and acknowledging the document containing the amendment through its duly authorized representative. 9. This Agreement shall be governed by the laws of the State of New York. . 10. Each Party represents and warrants that (a) this Agreement has been presented to its governing body; (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body; and (c) if required, all steps by way of public hearings and/or referendum or otherwise have been taken by the time of execution of this Agreement. Resolutions of each governing body approving this Agreement are attached to this Agreement as Exhibit B . 4 t 11 . No Party may assign or transfer its rights and interests in this Agreement to another entity without the prior written consent of all of the other Parties . IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the day(s) and year set forth below. CITY OF ITHACA Dated: By: Carolyn K. Peterson, Mayor City of Ithaca TOWN OF ITHACA Dated: By: Catherine Valentino, Supervisor Town of Ithaca Dated: By: Will Burbank, Councilperson Town of Ithaca Dated: By: Herb Engman, Councilperson Town of Ithaca Dated: By: Sandra Gittelman, Councilperson Town of Ithaca Dated: By: 5 Carolyn Grigorov, Councilperson Town of Ithaca Dated: By: William Lesser, Councilperson Town of Ithaca TOWN OF DRYDEN Dated: By: Steven M. Trumbull , Supervisor Town of Dryden Dated: By: Martin Christopherson, Councilperson Town of Dryden Dated: By: Michael Hattery, Councilperson Town of Dryden Dated: By: Christopher Michaels , Councilperson Town of Dryden Dated: By: Stephen Stelick, Jr. , Councilperson Town of Dryden 4 6 VILLAGE OF CAYUGA HEIGHTS Dated: By: Walter R. Lynn, Mayor Village of Cayuga Heights 7 OF I T January 10 , 2005 Town Board Meeting ATTACHMENT # 9 ° > TOWN OF ITHACA o4� 215 N . Tioga Street , Ithaca , N . Y. 14850 www .towndthaca.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 ENGINEERING MEMORANDUM r FROM : Dan Walker, Director of Engineering TO: Town Board DATE: January 4, 2005 RE: Engineering Department Priorities for 2005 Construction Activities 1 . Eastern Heights Stream Bank Protection (Ewing) 2. Pew Trail 3 . Kings Way Water Improvement 4. East Hill Tank and Water Main (SCLIWC) Water System 1 . Complete Hydraulic model for Town Distribution System 2. Complete Digital mapping and inventory data base for Distribution system 3 . Update Capital improvement Plan a. Trumansburg Road Tank b. Trumansburg Road Water main 4. Hanshaw Road Water main replacement Design 5 . Complete SCADA control upgrade for Distribution system Sewer System 1 . Complete Digital mapping and inventory data base for Collection system 2. Complete Capital Plan for Interceptor Sewers (with City of Ithaca) 3 . Complete I&I evaluation for South Hill and East Hill 4. Complete Plans for Lake Street/Remington Road sewer diversion Stormwater Management 1 . Complete Northeast Watershed Model 2. Bring Storm water management Plan into compliance 3 . Storm water management policy development Administration 1 . Update Benefit district assessment process with Arc View Database CABudget & Engineering Reports\2005 Engineering Priorities.doc ' DWalkerAD Page 1 1 /4/2005 �y OF I T� 9 TOWN OF ITHACA fe zi 4� 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 MEMORANDUM DATE : January 4 , 2005 TO : Town Board FROM : Tee-Ann Hunter, Town Clerk RE : 2005 Departmental Goals and Priorities 1 . Update Records Management Policy. Project includes gathering information and documenting current records ' handling , filing practices , and life cycle of records . Work with Network Specialist to inventory electronic records , plan for their management, and include in Records Management Policy , 2 . Complete the grant funded 2004-2005 Justice Court records management project . Project includes reviewing all Justice Court case files to identify those eligible for disposal and applying to New York State for permission to dispose . Create filing system for remaining records and physically file records on grant funded open shelving . Update Justice Court database with case file information dating back to 1980 . 3 . Continue Building and Zoning map storage project. Project involves taking folded maps out of boxed files , placing them in roll storage boxes , and entering location into map information database . 4 . Create paper indexes for minute books to ensure long-term research and reference capabilities . Much of the needed information is contained in the records management database ; other information will need to be entered . 5 . Update inventory of the archival vault identifying location of storage boxes and producing updated paper indexes of box contents . 6 . Finalize Records Storage Rental Agreement offering space to Tompkins County municipalities and governmental agencies . 7 . Identify project and apply for 2006-2007 State Archives Records Management Grant . 8 . Work with staff in other departments to coordinate administrative functions in Town Hall to better serve our constituents . AGENDA ITEM NO. 16 2005 HIGHWAY DEPARTMENT PRIORITIES Building Maintenance : 1 . Preventative maintenance on all Town buildings 2 . Small projects to improve facilities : panels on Town Boardroom tables and enclose air compressor to control noise Storm Water Management : 1 . Projects on hold (no money budgeted in 2005 ) Water Maintenance : 1 . Bring PRV pit above ground on East King Road 21 Install fencing around Hungerford Hill Tank (there is a 30 foot ladder to climb to top of tank where there are GPS antennas and wires running up the ladder to operate telemetry. 3 . Preventative maintenance : repair valves and hydrants 4 . Emergency water main repairs 5 . Finish landscaping for projects and follow-up care on recently installed plantings Sewer Maintenance : 1 . Preventative maintenance 2 . Emergency repairs Vehicle and Equipment Maintenance : 1 . Develop and implement more effective preventative maintenance plan Parks and Trails : 1 . Finish construction of Tutelo Park: establish ball field (ready for use in 2006) ; construct pavilion; pave parking lot and walkways ; install comfort station; install plantings ; and install picnic tables, cook grills and benches . 2 . Begin construction of William and Hannah Pew Trail : clear and grub trail, layout, install drainage work, establish trail base, and seed disturbed areas. 3 . Repair Tareyton Drive entrance to Tareyton Park. 4 . Maintain and repair play structures : develop priority plan to replace several of the oldest ones . 5 . Regular grounds maintenance program at all park, trail and Town infrastructure facilities . Highway : 1 . Re-pave Salem Drive 2 . Re-pave Seven Mile Drive 3 . Preventative maintenance on all Town roadways 4 . Winter maintenance on all Town roads and walkways Fred Noteboom : 115105 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JON KANTER, DIRECTOR OF PLANNING RE: OUTLINE OF POSSIBLE GOALS AND . OBJECTIVES FOR 2005 DATE: DECEMBER 29, 2004 The following outline of possible goals and objectives of the Planning Department for 2005 is presented for discussion purposes at the January 10, 2005 Organizational Meeting of the Town Board. [This is in addition to the ongoing work which the Department does, including assistance to other boards, committees and departments, such as Planning Board reviews of development proposals, SEQR (environmental) reviews, support to the Conservation Board, coordination and preparation of the Newsletter, and numerous other projects and activities.] 1 ) Complete Transportation Plan: Through Town of Ithaca Transportation Committee, complete remaining elements of town-wide Transportation Plan. Hold additional public meetings. Goal is for Town Board to adopt Transportation Plan by end of 2005 . 2) Codes & Ordinances Committee: (a) Complete stream buffer ordinance. (b) Complete zoning amendments regarding . certain agricultural uses (follow-up to NYS Ag & Markets comments) . (c) Update Subdivision Regulations. (d) Adopt Coy Glen Conservation Zone, 3) Agricultural Land Preservation Program: Meet with Agricultural Land Preservation Committee to evaluate program. Pursue other agricultural easement negotiations, and grant or donation opportunities. Continue to fund program through capital budget. 4) Capital Project Planning and Budgeting: Participate in continuing development of a multi-year capital program and focus on recommendations for 2006 capital budget and future year capital improvement program. 5) Storm Water Management Pro ram: Participate in implementation of storm water management program, including public education and awareness, drafting of storm water management . ordinance, etc. a`• tom: �% - 6) Lake Source Cooling — Monitoring: Continue working with Benchmark to monitor Lake Source Cooling data collection and analysis process. 7) Investigate Affordable Housing Options: Continue research to see what other areas are doing to encourage or provide for housing that is affordable to households with moderate incomes. Work with Tompkins County on a housing needs assessment to identify housing needs in the area. Consider possible affordable housing regulations (e.g., density bonus approach for developers willing to include a certain percentage of moderate income units, mandatory requirement to include a certain percentage of moderate income units in any residential development, etc .) . 8) Training for Planning and/or Zoning Board Members : Consider options to require or encourage training of Planning Board and/or Zoning Board of Appeals members. This could focus on basic training for newly appointed members or continuing education for all members as well . State enabling law allows municipalities to require training for Planning and Zoning Board members (Town Law, Sections 267(2) and 271 ( 1 ). 9) Consider Appointment of Alternate Planning Board and/or Zoning Board Members: The new provisions of the Zoning Code allow the Town Board to trippoint alternate members to the Planning Board and Zoning Board of Appeals, pursuant to Town Law, Sections 267 and 271 . Alternate members are intended to substitute for a regular member when such member is unable to participate because of a conflict of interest on an application or matter before the board. The Town Board should consider whether such appointment of alternate members for one or both of these boards would be warranted. , i • 2 Agenda Item No . 16 Network/Record Specialist 2005 Goals Website Enhance Town ' s website with streaming audio and video Create alterative version of website for those with slower Internet access Continue to develop the Parks and Recreation page Network Migrate from Exchange Server 5 . 5 to Exchange Server 2003 • Exchange Server is a Microsoft messaging and collaboration product. Basically, it is software that runs on our Town Hall server that will enable staff at both locations to send and receive electronic mail and other forms of interactive communications seamlessly; i . e. shared calendar and centralized email services. Install new file server at Town Hall • Current file server is at 93% capacity. New file server will store over 10 times as much data as the old file server. (from 40 GB to 438 GB ) Complete integration of Town Hall and Public Work Facility networks • The Virtual Private Network (VPN ) installed last year has given us an affordable vehicle to connect these two networks . There are a few remaining steps needed to completely integrate both networks . Create improved backup redundancy • In addition to the current midnight backup of file server, old file server will be employed as a redundant backup of " mission critical data" . Proactive network security monitoring • Sherpa Technologies will monitor network firewalls. Sherpa will provide the Network/Record Specialist a monthly assessment with recommendations. This will give us a proactive approach to dealing with network security issues. General client/server maintenance including antivirus and operating system updates Additional Items Revise the Town ' s Record Management Policy and Procedure ( last updated over 10 years ago) Work with Town Clerk to create an Electronic Records Policy (see Town Clerk's 2005 Goals) Records Management Day in February and October jy OF I T,� H y� - i8z1 - - TOWN OF ITHACA �, W Mo¢L 215 N . Tioga Street , Ithaca , N . Y . 14850 www.townAthaca. 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 Carolyn Grigorov, Councilperson William Lesser, Councilperson Herb Engman , Councilperson From : Marnie Kirchgessner, Recreation and Youth Coordinator January 3 , 2005 At the Recreation & Human Services Committee of December 15 , 2004 the following committee objectives were set. Outreach Encourage community input Find new ways to reach out to the community Develop a volunteer base Involve neighborhoods in park development Forge cooperative relationships with other municipalities and organization such as recreation partnership Evaluation Provide oversight/monitoring of programs Evaluate programs in place Develop criteria for affordability and safety concerns Program Development Survey , list and share info on Ongoing Community Programs Develop specific new/pilot recreation programs Decentralized Programs Avoid duplication Consider funding complimentary programs Recommend facilities , parks and trails for Town development The Town shall employ Recreation and Human Service Coordinator supervised by the town Supervisor to assist with implementation of these objectives . January 10 , 2005 Town Board Meeting ATTACHMENT # 10 on � a� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Q O M N v� N O O O O O O O O O O O O O U o U U Q U V) Ln U U U U U . p p O � + Q Q � +? 00 00 00 00 00 00 00 00 00 00 00 r� r� 00 00 a, O 00 O 7� cd F F F c� c� rn o, o a, o, c� c� a, rn c� o o a\ o Q rn rn a, rn rn c� rn rn o, rn c� o, o, a, a, Q, o c, U O O O O O O O O O O O O O O O O O O E- +-+ 00 00 00 00 00 00 00 X00 00 00 00 r� r� 00 00 O*) c� 0� OA� O\ O\ 01 D\ C1 Q\ Q\ C1 C\ 41 D\ 01 O D\ �+ O� O� a1 Q1 a1 Q1 01 c1 c1 c1 (7�% c1 c\ Q1 O O O� to i O N O to rA cqj O C s. O p O p Q (~ 3 a o o 0 0 E E -- x x In o rA rA cn rA (A o o U U Q Q b v p O o c rA N l� � � � 000 N MO 000 000 c� c� c co a In N N N LL � U U O O O O O O O m O Q c N _ cd U U U 00 00 00 00 - �10 00 Q rn F rn o°,, °O rn rn U O� 01 01 Q1 O O� 01 Ln U w � on Q cz 90 u O 3 3 00 Q) o N N N D1 f0 CL Lc) LL c on � Q a� aL _U ^ M M M M M F-1 U O O O O O � M M M M M Eel .� O Ln Q M O M N � N O O O O O � Q Q N N O Q � 01 D\ D1 D1 U N U U C1 C1 C1 C1 0 C N rn w � c O m o _ O U . i cl OJ N U o E Q 0 c cz k ° o 0 O d kn m m �o a bA � Q w N N LL U ob N a O O V m •}, N N O Q N O M N � N "O O � P. 0 Q O v O Q Q1 O O O -v z. c� U Q a � b U 04 U Ca rn m a T r r -4h +� AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONIES AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board . Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: 10 GENERAL REPAIRS. The sum of $121,000 shall be set aside to be expended for primary work and general repairs upon 7 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sum of $25,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc . The following sum of $95,000 shall be set aside to be expended for the permanent improvement of Salem Drive to repave approximately :65 miles of the road. The following sum of $150,000 shall be set aside to be expended for the permanent improvement of Seven Mile Drive to repave and re-establish drainage and shoulders on 1 . 05 miles of the road . Executed in duplicate this 10th day of January 2005 . Supervisor Town Highway Superintendent Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson TE : This Agreement should be signed in duplicate by a majority of the members of the Town and and by the Town Highway Superintendent. One copy must be filed in the Town Clerk' s office d one in the County Superintendent's office. THIS FORM NO LONGER HAS TO BE SIGNED BY HE COUNTY SUPERINTENDENT (1994 ) , COPIES DO NOT HAVE TO BE FILED IN ALBANY. January 10 , 2005 Town Board Meet�il.B � � � � � TOWN CLERK' S MONTHLY REPORT TOWN OF ITHACA, NEW YORK DECEMBER, 2004 ATTACHMENT # 11 HE SUPERVISOR: PAGE 1 tanpal' yinent nt to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received in connection with my office during the month stated above, excepting only such fees and moneys the application of which are otherwise provided for by Law: A1255 2 MARRIAGE LICENSES NO. 04141 TO 04142 35 .00 I MISC . COPIES 9.00 1 ZONING ORDINANCE 13 .32 1 TAX SEARCH 5 .00 1 ZONING MAP 1 .50 8 MARRIAGE TRANSCRIPT 80.00 TOTAL TOWN CLERK FEES 143.82 A1557 1 SPCA IMPOUND FEES 20 . 00 TOTAL A1557 20900 A2544 DOG LICENSES 529 .28 TOTAL A2544 529.28 0 13 BUILDING PERMIT 3 ,250 .00 3 BUILDING PERMIT EXTENSIN 150 .00 2 FOUNDATION PERMITS 637. 50 1 CERTIFICATE OF OCCUPANCY 100 .00 3 TEMP. CERT. OF OCCUPANCY 1 ,460.00 2 OPERATING PERMITS 550 . 00 3 FIRE SAFETY INSPECTIONS 240.00 2 SIGN PERMITS 463 . 00 2 ZBA AREA & USE VARIANCES 200.00 I ZBA SPECIAL APPROVALS 100.00 TOTAL B2110 79150.50 B2115 2 SUBDV. REV. FINAL PLAT 280.00 1 REZONING/ZONING AMEND 175 .00 TOTAL B2115 455900 TOWN CLERK' S MONTHLY REPORT DECEMBER, 2004 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 693 . 10 PAID TO SUPERVISOR FOR PART TOWN FUND 705 . 50 PAID TO COUNTY TREASURER FOR DOG LICENSES 102 .22 PAID TO AG & MARKETS FOR DOG LICENSES 27 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 45 .00 TOTAL DISBURSEMENTS 89472.82 JANUARY 3 , 2005 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 Agenda Item No. 19 TOWN OF ITHACA Highway Department' s Monthly Board Report December 2004 for the January 10, 2005 Meeting Road Work Snow removal has moved up on the priority list in December. Our crews have all their routes in place and constantly monitor ways to improve processes . We have two people on nights from 10 : 00 p .m. to 6 :30 a . m. to patrol the Town' s roads to improve safety . Final road inspections for Southwoods development were completed and roads accepted . Several trees were removed around town with NYSEG' s help . We also worked on brush removal along the Town' s rights-of-way. Catch basins were inspected and some ditch maintenance was performed . Street sign maintenance was performed . Equipment and vehicle maintenance is proceeding daily. Annual safety training was done. arks Work e continue to experience trashing and various damages at Troy Park on an almost daily basis . he crews continued our regular site and playground inspections to identify any repairs needed on them. We had a donation from Victor Lazar of 50 American Chestnut tree seedlings, which we potted so that they are available for future plantings. They will be held in our nursery until ready to out-plant at our parks and trails . A stonewall had collapsed at the down stream Forest Home Drive bridge which was causing our walkway to collapse . We installed a new retaining wall and effected repairs to the walkway and walkway railing. This project was hampered by the limited space . We worked closely with NYSEG to protect their gas transmission main and overhead wires . We will pour a new concrete sidewalk in the spring and install plantings and mulch on the disturbed area . We are still planning to hydro-ax the brush and trees at the Pew Trail site . In December, we removed some trees and brush to define the trail for the hydro-ax . Water and Sewer Work Craig Ballard continued inspections on the South Hill Transmission Main Project. e crews, during the month of December, repaired several water valve and hydrants on Judd Falls ad, Trumansburg Road, Renwick Drive, and E . King Road . There were also several water breaks December : Sapsucker Woods Road, Coddington Road, and Birchwood Drive . Our crews used the sewer vacuum and jet rodder to clean sewer lines on Dubois Road, Hanshaw Road, Warren Road and Taughannock Boulevard . Several confined space entries were performed for Bolton Point. Dig Safely New York (DSNY) ma outs continued on a daily basis . Building Maintenance Joe Hulbert continued to keep our buildings maintained, which included painting at Town Hall, repairs to air handlers at the Public Works Facility, and many small repairs on facilities town-wide . He also performed his monthly inspection of all pump stations in the Town. Joe is also building forms for Bolton Point for a concrete pad that they are installing. We will invoice Bolton Point for materials and labor . January Projects 1 . Snow removal as necessary . 2 . Continue inspection of utility installation at Southwoods . 3 . Continue working on William and Hannah Pew Trail . 4 . Inspections for South Hill Water Transmission Main. 5 . Cleaning ditches . 6. Tree and brush trimming. 7. Sign work. ghk Town Engineer' s Report for 1/10/2005 Agenda Item No. 19 Town Board Meeting GENERAL Pre-Disaster Hazard Mitigation Plan The Plan has been submitted to FEMA for final comments. t EARTH FILL PERMITS No fill permits were issued in December WATER PROJECTS SCLIWC Office Addition Phase I (new construction) of the contract is nearing substantial completion on the office addition at the Bolton Point Water Plant. Final finish work and floor covering is being completed in the new addition and renovation work on the control room has started. Furniture for the new addition will be delivered on January 10 and employees will shift out of the existing office space to allow the phase II renovation work to proceed. Water SCADA System The Town Engineering staff has been working with Bolton Point staff to complete the first phase of the wireless Supervisory Control And Data Acquisition (SCADA) system to improve operation of the SCLIWC water system, which includes the Town of Ithaca water system. Bolton Point staff has completed substantial work on programming the system and most of the west hill facilities have been connected. East Hill Transmission Main and Storage Tank Construction Documents will be prepared for bidding after the first of the year and final details for the site easement are proceeding with Cornell University. South Hill Transmission Main Construction of the Transmission main is substantially complete and is operational . Emergency Power Supply The installation of the transfer switchgear and generator connections at the Pearsall Place, Coddington Road, Troy Road, Coy Glen Road, Oakwood Lane and Christopher Lane pump stations is substantially complete. Kings Way Water Improvement Plans and specifications have been completed and an agreement has been reached with the developer of the Westview Subdivision to install the water main with the Town providing the materials . Construction is scheduled for early spring. TOWN ENGINEERS REPORT 1 / 10/2005 SEWER PROJECTS South woods Subdivision Force Main The Developer has completed the installation of the sewer system for phase I of the development and the pump station and force main are operational . Final transfer of the property to the Town is pending. IAWWTF Phosphorus Removal Project Foundation construction has been completed and concrete work is proceeding. Joint Interceptor Sewer Projects The Town Engineering staff is continuing to work on a capital improvement plan with the City Water and Sewer Division for improving the interceptor sewers that are jointly used by the Town and City. The First Street Interceptor plans are being finalized and construction is planned for 2005 . STORM WATER MANAGEMENT Northeast Development of the drainage plan is scheduled for this winter. DEVELOPMENT REVIEW LINDERMAN CREEK PHASE THREE Linderman Creek Phase Three is substantially complete. CAYUGA MEDICAL CENTER Site work for the Emergency Room addition has begun with construction of storm water management facilities, utility relocation and new parking lot construction. Engineering staff has approved the water and sewer relocation work and are monitoring the sediment and erosion control practices . WEIDERMEIR SUBDIVISION Construction of the driveway improvements and water and sewer facilities is substantially complete on this five-lot subdivision at the intersection of Slaterville Road and Burns Road . Sediment and erosion controls are being monitored. SOUTHWOODS Construction of phase 11 improvements is substantially complete . Town Engineer's Report January 10, 2005 Daniel R. Walker Page 2 1 /5/2005 fly OF IT�9 9 TOWN OF ITHACA PLANNING DEPARTMENT 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 January 10 , 2005 Town Board Meeting DEVELOPMENT REVIEW December 7 2004 Meeting : Recommendation to Town Board Regarding Tompkins County Comprehensive Plan : The Planning Board issued an affirmative recommendation to the Town Board regarding a Resolution Supporting the Adoption of the Tompkins County Comprehensive Plan by the Tompkins County Legislature . Ellis Hollow Senior Apartments Renovations and Addition, 1028 Ellis Hollow Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed renovations and addition to the Ellis Hollow Road Senior Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No , 62-2- 1 . 124, Multiple Residence Zone . The proposal involves installing new roofing and siding on the existing building along with renovating the 100 existing apartment units and converting the existing community space to four new one-bedroom apartments. The project also involves the construction of a new two-story, +/- 5 ,674 square foot addition on the east side of the building to include a large meeting room, a large conference room, a computer room, a kitchen, and a doctor' s office. Conifer Realty, LLC, Owner/Applicant; Ray Wetherbee, Agent. Westview 33-Lot Subdivision, Schickel and Danby Roads : The Planning Board granted Final Subdivision Approval for the proposed Westview 33 -Lot Subdivision located at the intersection of Schickel Road and NYS Route 96B (Danby Road), Town of Ithaca Tax Parcel No . ' s 36-2-3 .2 and 36-2-3 . 3 , Low Density Residential Zone . The proposal includes extending Schickel Road towards the east and creating a loop road for 31 residential lots, one 0 . 902 +/- acre parcel to be consolidated with an adjacent parcel, and one 1 %2 +/- acre lot for a park site in the southeast corner of the property. Igor Cheikhet, Owner; Boris Simkin, Applicant, William Albern, Agent. Overlook at West Hill — Extension of Time to File Plat, 1290 Trumansburg Road : The Planning Board granted a 90 day extension of the duration of conditional approval of the final subdivision plat for the Overlook at West Hill project, 1290 Trumansburg Road, pursuant to Town Law Section 276(7)(c) . This was necessitated by the court case filed against the Town and applicant, and provides for an extension of the time to complete the conditions of subdivision approval that are required in order to file the plat in the County Clerk' s office. December 21 , 2004 Meeting : (Cancelled) TownxoflthacaPtann�ngDirectorsReport� �� January" 111�2005 TownBoard�ll%feeting ` �� ri �� CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. SEQR Reviews for Zoning� oard : Two SEQR reviews for the Zoning Board were done since the December report : ( 1 ) request for a variance to open a retail truck accessory store in a Light Industrial Zone and to allow outdoor storage and display of merchandise and material, located at 630 Elmira Road, Joseph and Jeanne Salino, Appellants ; and (2) request for a variance to construct a raptor barn without the required sprinkler system, located on Game Farm Road, Planned Development Zone #9, Cornell University, Appellant. Codes and Ordinances Committee (COQ : The Committee met on December 15 , 2004, and completed review of the revised Environmental Review Law, continued discussion regarding proposed amendments to the telecommunications facilities regulations, and began discussion regarding 2005 work plan priorities . The next COC meeting is scheduled for January 19 , 2005 , which will tentatively include continuation of discussions regarding draft amendments in the telecommunications regulations, the proposed stream buffer ordinance, and proposed 2005 work plan priorities . Transportation Committee : The Committee met on December 16, 2004 . The agenda included continued discussion on an updated Official Highway Map, continuation of review of draft goals and objectives for the Transportation Plan, and discussion regarding intersections in the Town with potential problems (e . g. , safety, congestion, alignment) . The next meeting is scheduled for Thursday, January 20, 2005 at 2 : 30 p.m. and will include further discussions regarding elements of the Transportation Plan, including an outline of the analysis/issues section, possible needs for hiring a consultant, and status of ongoing sections . ITCTC Planning and Policy Committees : The ITCTC (Ithaca-Tompkins County Transportation Council) Planning Committee and Policy Committee met at their joint meeting on December 14, 2004 . Agenda items included approval of the Long Range Transportation Plan update, election of officers for 2005 , approval of a resolution of support for the Tompkins County Comprehensive Plan, and a status report on the TIP update . The Planning Committee elected Jonathan Kanter to continue as Chair in 2005 and Bill Gray to continue as Vice Chair. The Policy Committee elected Don Hartill to continue as Chair in 2005 and Cathy Valentino to continue as Vice Chair. The next meeting of the Planning Committee is scheduled for February 15 , 2005 . Conservation Board : The Board met on December 2 , 2004 . Discussion items included reports of the various committees, consideration of a resolution supporting the Chimney Swift tower proposal , and a number of year-end business matters, such as nomination of Chair for 2005 . The next meeting is scheduled for January 6, 2005 . Inter-municipal Trail Committee : The Committee met on December 20, 2004 and discussed a possible Ithaca Youth Conservation Corps project at the Gateway Bridge and trail approaches . Possible project elements might include trail clearing, constructing; a bridge over the gap to the east of the Gateway Bridge, or installing railing along portions of the trail or bridge . Specific project elements, cost estimates and funding sources need to be worked out. Municipal supervision of 2 S°' lit �oivnoIthucatPlanntng,DDrector, s Report & x January 1q= 2gg5 Torun`Bor�rdf`1Vfeetmg � `' ��xg� :a�yk participating youth would also have to be worked out. The next meeting is scheduled for January 121 2005 at 3 : 30 p.m. Lake Source Cooling Monitoring : A proposed scope of services and cost estimate has been submitted by Benchmark to continue their evaluation of the Lake Source Cooling monitoring program in 2005 . The proposed budget would be approximately $3 , 500 in 2005 , with the funding source to be determined by the Town Board. (Refer to letter dated December 29 , 2004 from Paul H. Werthman, P .E.) City/Town/County Planners Meetings Regarding Inter-municipal Impacts of Development : Planners representing the City and Town of Ithaca and Tompkins County met for the third time on December 22 , 2004 to discuss inter-municipal planning and development issues, as a follow up to the meeting of elected officials from those municipalities in August. Planners have been discussing ways of addressing impacts of new developments in areas such as West Hill and the Southwest/Route 13 corridor that may have impacts that cross municipal borders, with a particular focus on traffic and transportation impacts. A status report is in the process of being prepared by the planners group, which will include suggestions for addressing some of the planning and development issues. Included among the ideas discussed are enhanced transit to minimize the reliance on the automobile, the importance of pedestrian and bicycle routes in the area, better coordination/communication among the municipalities in reviewing new development proposals, and other transportation demand management options (e. g. , park-and-ride lots, designing new development to be more pedestrian and transit friendly, etc.) . The status report will be forwarded to elected officials who attended the August meeting in the near future. 2004 Annual Report : The Planning Department is currently preparing the Annual Report for 2004, which will be available for the February Town Board meeting. 3 OF I T� _ TOWN OF ITHACA EE 215 N. Tioga Street, Ithaca, N. Y. 14850 � w � ° www.town . ithacamy .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 Agenda Item No. 19 Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson . Peter Stein, Councilperson Carolyn Grigorov, Councilperson William Lesser, Councilperson Herb Engman, Councilperson From : Mamie Kirchgessner, Recreation and Youth Coordinator December 2004 December was another busy and fun month. I continued to work cooperatively with Karen Coleman of the County Youth Services Division on issues related to programming relative to Joint Youth Commission. Tompkins Community Action is expanding after school activities at Boynton that received stipend support from the JYC to a formal program. There were questions by school administration about the incorporation of activities that they had approached the commission for additional support. A plan was developed to solicit sources other than tax dollars should additional funding be required As a follow up to discussion at the November JYC meeting, a joint meeting occurred between myself, Karen Coleman and Linda Schoffel, Rural Youth Services Coordinator for Cooperative Extension. This meeting was to discuss the status of the youth employment component of their contract with the Town pursuant to JYC recommendation. Carissa Mann, Rural Youth Services Program Manager for the Joint Youth Commission was the only youth program manager to have this additional work requirement. Funds allocated for this function were for youth salaries . Through the year 10 youth were employed in subsidized employment jobs . The youth worked an average of 94 hours each, with the range being 40 to 166 hours of work. They were paid $ 5 . 15 per hour. The Town. The Lab of Ornithology, and Ithaca Community Child Care each employed 2 youth. Additionally placements were made at the CCE Youth Horticulture Apprentice Program, YMCA Day Camp, Museum of the Earth and the Marriott. As Carissa' s primary employment responsibilities are with middle school youth most of which are too young to be lawfully employed it made sense to consider other options for this function. At the time of the 12/6 meeting only students working for the Town were employed . It was agreed that the Town assuming direct responsibility for implementation of this component would not negatively impact the work of Carissa who would continue to deliver her Job Readiness Skills program to middle schoolers and make referrals of youth for employment to the Town. Ms . Schoffel submitted to the JYC a budget reflecting the transfer of this program component directly to the Town. The Joint Youth Commission unanimously recommended the following appropriations be made for 2005 . Coddington Road Community Center $ 1100 Learning Web $ 55 ,680 Cooperative Extension $ 23 ,485 IYB Club Ithaca $ 15786 WorkForce NY $ 41530 Town Youth Employment Initiative $ 600 $ 103 ,081 Total On December 7, 2004 myself, Sandy Polce, Dani Holford, Connie Clark, Judy Drake and family supported the Recreation Partnership fundraiser at Applebee ' s . Although it was reported that the amount raised was only several hundred dollars it was a lot of fun in terms of fellowship . Although I was unable to attend the 'December meeting of Recreation directors Cathy Valentino was in attendance and a report was given at the Recreation Partnership meeting. Attendance by Town of Ithaca Representatives is strong as the board continues to deal with issues relevant to the municipal officers concerns . The Recreation and Human Service Committee set objectives in the areas of Outreach, Evaluation, and Program Development. (See department priorities) . I met with Marge Dill of the Human Service Coalition to discuss committee concerns regarding the GIAC request. Ms. Dill will provide a written report for the committee . I attended training staff training as part of the Harvard Business Review series. I found it interesting and useful . Lastly student interns were given an opportunity to assist with a mini canvassing at Cass Park Rink over Christmas break. We were therefor three open skate sessions . Although data has not been formally tallied the regional nature of the facility is clear. The Joint Youth Commission (JYC) met on November 22 and passed recommendations for 2005 appropriations of $ 11 ,600 to the Coddington Road Community Center; $ 55 ,680 to the Learning Web ; $ 23 ,485 to the Cooperative Extension and $ 1 , 786 to the City of Ithaca for Club Ithaca be made totaling $92 , 551 of the $96, 143 budgeted for these items . The Joint Youth Commission (JYC) will meet again in December to consider other recommendations with possible action. I have been very active meeting with Karen Coleman of the county Youth Services Division to determine how and if new, innovative program proposals can be accommodated with other sources of funding. Karen has outlined continuum of services concept for the Town and JYC . The concept of collaboration has proven both exciting and challenging as we attempt to implement changes to maximize tax dollars . At this month' s Recreation and Human Services Committee Meeting discussion of the GIAC's request for a proposal for funding of its senior program occurred . No action was taken. as the committee had additional concerns. The committee agreed that involvement by the Human Services Coalition would be useful . Brainstorming of committee goals also took place with more discussion to occur at December' s meeting. I met with Rich Schoch, Parks Program Manager and Fred Noteboom, Highway Superintendent to discuss our various roles and responsibilities to assure I have a clear understanding of our relationship . The Recreation Partnership Board continues to work towards implementation of the goals presented to the town Board. At the December meeting the Board will meet with representatives of the Community Foundation as part of the process to ascertain if this a practical conduit for salutation of private funding for the Partnership . The city as sole provider of services approached the board for additional funding for the retroactive pay raise given to city employees . Cathy Valentino was in attendance and moved the resolution for payment. The recreation professionals had a meeting at the city Youth Bureau and discussed how to make various programs available to the broader community. It was reported that both the Towns of Lansing and Groton have programs such as gymnastics available to anyone who wants to make the trip . A county web page to facilitate this was discussed. I continue my attendance at meetings of the Human Services Coalition as a regular part of my job responsibilities . I will be working with Cathy on a "work plan" for my position. I really want to thank you all for this opportunity. It is an honor to work for the Town. ' Agenda Item # 19 TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF DECEMBER 2004 MONTH YEAR TO DATE T PER YEAR # OF PERMITS AMOUNT # AMOUNT Sl FAMILY 2004 1 150,000 35 627047536 RES LACES 2003 12 350,000 27 4,8529818 2004 0 0 1 149,700 TWO FAMILY RESIDENCES 2003 0 0 5 970,000 2004 1 95,000 17 4989792 RENOVATIONS 2003 3 27,523 25 481 ,822 2004 1 152000 8 2522300 CONVERSIONS OF USE 2003 1 22000 5 121 ,500 2004 0 0 22 15492,050 ADDITIONS TO FOOTPRINT 2003 2 135,000 23 895,565 2004 0 0 0 0 MULTIPLE - RESIDENCES 2003 0 0 6 159292760 2004 0 0 9 32078,500 BUSINESS 2003 2 19,000 17 95448,500 2004 0 0 2 39,000 AGRICULTURAL 2003 0 0 1 2,500 2004 0 0 0 0 INDUSTRIAL 2003 0 0 0 0 1 CU replace piping and valves and add process controls 100,000 1 IC Health Science Building remodel Room 214 392000 1 IC Boardman Place remodel offices 41 ,500 1 IC Roy Park Building remodel Room 258 28,200 2004 4 2085700 31 12,363, 162 EDUCATIONAL 2003 10 0 17 1 ,093 ,000 1 Demolish bam 3,500 1 Install woodstove 600 1 Repair fire damage to fire separation 15,000 MISCELLANEOUS 2004 3 192100 36 388,361 CONSTRUCTION 2003 1 210,000 43 6292279 TOTAL, NUMBER OF 2004 10 487,800 161 24,966,401 PERMITS ISSUED 2003 11 743,523 169 2054245744 TOTAL FEES 2004 10 15390 161 39,245 RECEIVED 2003 11 12125 169 28,815 Date Prepared: January 3, 2005 Dani L. Holford December 2004, Page 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 18 1 . 208 Northview Road West - bathroom and bedroom addition. 2. 1210 Hanshaw Road - main building re-roofing. 3 . 123 Warren Road - 168 square foot sunroom addition. 4. 285 Bums Road - new single-family residence. 5. 1421 Mecklenburg Road - addition to existing house. 6. 126 Park Lane - new single-family residence with attached garage - temporary. 7. 756 Dryden Road (CU) - telecommunications site. 8. 301 Old Gorge Road - new 4-bedroom, single-family home with attached garage. 9. 129 Northview Road - renovate and replace house roof. 10. 212 Northview Road West - addition to single-family home. 11 . 189 Pleasant Grove Road - renovations to Country Club - temporary. 12. 201 Woodgate Lane - repair garage foundation. 13 . 200 West Haven Drive - new single-family home with attached garage. 14. 111 Burleigh Drive - garage addition. 15 . 104 Salem Drive - remodel kitchen. 16. 357 Pine Tree Road (CU) - office space renovation. 17. 262 Hayts Road - two-car garage with attic storage. 18. 101 Harris B. Dates Drive - Radiation Oncology addition - temporary. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2004 - 202 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2003 - 229 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 3 1 . 400 Warren Road - zoning ordinance - pending. 2. 324 Blackstone Avenue - building code - pending. 3. 138 Honness Lane - property maintenance - abated. From November 2004: 1 . 208, 210 Cypress Court - building code - pending. From October 2004: 1 . 118 Pine Tree Road - occupancy - pending 7/1 /05 abatement date. From August 2004: 1 . 312 Salem Drive - building code - pending From June 2004: 1 . 1519 Slaterville Road - property maintenance - pending. 2. Rachel Carson Way - E-911 addresses - pending. From May 1995 : 1 . 1152 Danby Road - zoning and building code - Building Permit applied for corrections - issuance of a new permit pending plan revisions. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2004 - 36 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2003 - 51 December 2004, Page 3 AL FIELD VISITS THIS MONTH - 76 form Building Code - 62 al Law and Zoning Inspections - 13 Fire Safety - 1 (group home) Fire Safety Reinspections - 0 Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 2004 - 1005 TOTAL FIELD VISITS YEAR TO DATE, 2003 - 987 TOTAL SIGN PERMITS THIS MONTH (South Hill Business Campus 1950 Danby Road] , Southern Tier Cap World 1630 Elmira Road]) - 2 TOTAL SIGN PERMITS YEAR TO DATE, 2004 - 6 TOTAL SIGN PERMITS YEAR TO DATE, 2003 - 5 ZONING BOARD OF APPEALS IMEETING, 3 CASES, AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, DECEMBER 204 2004 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, December 20, 2004, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M . , on the following matters : APPEAL of Joseph and Jeanne Salino, Owner; Robert Lama, Agent, requesting a variance from it an t e d the Code of the Town of Ithaca Article XIX, Section 270- 144 to be permitted to open a retail truck accessory store, at 630 Elmira Road, Town of Ithaca Tax Parcel No . 31 -3 -3 , Light Industrial Zone . Variances from Sections 270- 146 and 270- 154 are also requested to allow outdoor storage and display. Said property and existing building are nonconforming. APPEAL of Cornell University, Owner; Margaret Markes, ,Agent, requesting variances from the ranted Code of the Town of Ithaca Chapter 225 , Sprinkler Systems to be permitted to construct a raptor barn without said system on Game Farm Road, Town of Ithaca Tax Parcel No . 64 . 4 -2 , Planne Development Zone #9 . APPEAL of David Auble, Owner; Jay Bramhandkar, Appellant; Peter Trowbridge, Agent, adjourned requesting a Special Approval under the requirements of Article VII, Section 34 of the Town of / 2 Ithaca Zoning Ordinance (Pre April 1 , 2004 Ordinance applies . ), to be permitted to construct a 58- L / 24 / 05 room hotel and associated parking on the Danby Road south of King Road West, Town of Ithaca Tax Parcels No . 37 .- 1 - 17 . 1 , Business District C . Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 howl prior to the time of the public hearing. Andrew S . 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J W N J J O O O N A O A O N U O O C O O O U O t/U O O O O O O O O O O O O O O r1rUAWAUMALLMSD UILLOU1 1119 11; 1 1111=51113: US 0 Be Edit View Favdes Tools Help %o ofI 9 NY Illy i Netw®rk/]Rec ®rd Specialist flPtLep ®rt January 10 , 2005 Nov & Dec Web Site Visits EI EN ov p Dec 1200 , .p a 1, 1 * , tr If If I 1000 If J , . , , gyp/j 800 y ` pp } l - a Y k •0tS 600 ,i n ,�..t® sy a.; 400 a,. �r � ar .� z . . .,;: -.. L F I . . < < ., t � : da ,>$8, C 4t' v x ., 200 x ' " Ld Alf Jo I W C 44 t ae Lr J ;I ¢! " Y c IV + '1 r-iR 4 �, ss 4, X �u S _ . ,t d. . .<e tr� '.av�'" Home Gov't Services Information Community Pages website Added link from Parks and Recreation page to Town of Lansing' s Recreation Program web page. "Site of the Month" . . . This month: Town of Lansing Recreation Program web page "Did You Know" . . . section on Homepage that highlights a different page each month. This month : Forms page Network General year-end server maintenance . Additional . TC3 Spring semester course in Network Administration begins this month. Start Cacheman Inbox Microsoft Oudook , r y.. , -�__._ _ Town of - I+licr. . �(:- , lit 8454 Regular Meeting of the Ithaca Town Board , Januray 10, 2005 Human Resources Report for December, 2004 Personnel Committee : Committee met in December to discuss the committee's mission statement . There was also discussion regarding the new change in the state minimum wage . Attached are the draft minutes from that meeting . Safety Committee : Committee meet in December to continue their discussion regarding developing a checklist for building walkthroughs , dangerous intersections and developing a plan for safety training and orientation for new employees including seasonal employees . Board Policy and Protocol Committee : The Committee has met twice so far. The committee has reviewed Policy and Protocol Manuals from other municipalities outside NYS for ideas . The committee has also spent time formulating a mission -purpose statement . The first goal of the committee is to develop an outline for the Manual for the Town Board to review. The next meeting of the committee is January 51h Training and Development: Meetings were held in December with the Intermunicipal Training Group to evaluate the second series of the Friday Brainteasers Series . The second series included six sessions from September through November. All the sessions rated an average score of 6 . 4 out of a 7 . 0 scoring system . Work has begun on assessing what kinds of sessions should be offered in 2005 and how to bring in more interest from the other municipalities . Payroll : All payroll for 2004 has been issued . Work has begun on closing out 2004 payroll books and bringing on line 2005 payroll books . This process is time consuming and we like to check it over carefully to make sure all the changes have been addressed . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) • The Town has received the audit from plan year 6/1 /03 — 6/ 1 /04 with an amount due of $4 , 893 . What this represents is the difference between the estimated salaries of employees versus the actual salaries for that period of time . The amount due is pretty typical Unemployment Insurance : There are currently no active claims on the Town . Others : The Year End Luncheon was held at the recently renovated Country Club of Ithaca , in Cayuga Heights , with a nice group of 61 in attendance . Thank you again to Barney, Grossman , Dubow and Marcus for their generous donation toward door prizes . Submitted By: Judith C . Drake , PHR , Human Resources Manager Draft Draft Draft Town of Ithaca Personnel Committer: Meeting December 8, 2004 1 : 30pm Members Present : Supervisor Catherine Valentino ; Councilman Bill Lesser; Don Ten Kate , Working Supervisor; Larry Salmi , Heavy E=quipment Operator; Sue Ritter, Asst. Dir of Planning ; Dani Holford , Senior Typist Absent: Councilwoman Sandy Gittelman Support Staff : Judith C . Drake , Human Resources Manager Others Attending : Paul Tunison and Larry Parlett , SCLIWC Call to order: 1 : 30 p . m . Agenda Item #2 : Review Minutes of October 20 , 2004 meeting : Approved . Agenda Item #3 : Persons to be Heard : Sue Ritter explained that a few staff had asked her to broach the subject of the increase in minimum wage . Judy gave an FYI to the committee concerning the increase — minimum wage increases 1 / 1 /05 from $5 . 15 to $6 . 00 , 1 /11 /06 to $6 . 75 and to $7 . 15 1 /1 /070 Sue said the question was what might that ultimately due to the wage system in general and the wage system that we have . Does it just condense wages ? Or will it lead to pressures for wage increases . Judy stated that the first thing she thought of when the increase went through was the effect it will have on the rate we pay the students - currently $5 something to $6 something an hour. We will have to look their wage rate . Sue gave this as an example : if you have a student in high school who will be making $7 . 15/hr in 2007 — no experience — no education (this may not be a good example for here at the Town , but it does work its way up the system ) and you have somebody who is making $ 10 or $ 11 an hour has a little education and a fair amount of experience . You go from a $5 . 00 difference in pay to a $3 . 00 difference — how would that make them feel ? It just works it way up the wage scale . Judy explained this will be one of the agenda topics for the Personnel Committee — The Wage Scale . 1 Draft Draft Draft Agenda Item #4 : Personnel Committee Mission Statement : Judy had previously handed out a draft of the mission statement to the committee — comprised of input from the committee (attached) . Agenda Item #5 : Others . Establish the meeting calendar for 2005 — changed to 3rd Wednesday of the month (time remains the same 1 : 30 — 2 : 30pm ) . Judy provided a meeting date for each month , but the committee may only meet every other month unless there is a need to meet more often . Judy suggested that if the committee wants to look at the wage scale in 2005 — it's no small task — we will want to meet every month in the early part of the year — the program will have to be up and ready for approval in July. Another project for the committee will be Health Insurance . Judy pointed out that there may be some wording in the Personnel Manual that will have to be changed in 2005 — depending on what comes out of the S . C . L . I . W . C . union negotiations . Another one actually went through Bolton Point's Personnel Committee and was approved by the Commission is an Employee 's Survivor Health Insurance coverage . This kick's in if an employee passes away while being employed what kind of coverage — normal 3 year COBRA coverage or extend it . The Commission approved it to be extended at a 100% cost to the insured . This will come to the Personnel Committee in January for review and recommend to the Town Board . Adjourned : 2 : 00 p . m . Next Meeting : Wednesday, January 19 , 2005 from 1 : 30-2 : 30 at Public Works Facility 2 January 10 , 2005 Town Board Meeting ATTACHMENT # 12 TOWN OF ITHACA CASH MANAGEMENT and INVESTMENT POLICIES and PROCEDURES INTRODUCTION Section 39 was added to the General Municipal Law in 1992 . This State Legislative law requires that all counties , towns , village , school districts , boards , cooperative education services , district corporations as defined and described by the General Construction Law , section 36 , and any other political subdivision of the State of New York, adopt by resolution a comprehensive investment policy detailing the operational policy and instructions and staff regarding the investing , monitoring , managing of cash and other liquid assets and reporting to the local government. In this case the Ithaca Town Board. This legislation formalized such policies and procedures for local governments to enable them to : establish a prudent set of basic procedures to meet the investment objects of local government, to take measures in assuring that investment assets of the local government are adequately protected , and collateralized , establish and maintain a system of internal controls which include accounts and records which will accurately reflect in practical detail , all investment and cash transactions , and to finally - provide local government (E . g . IthacasTown Board) with accurate financial reports and records which reflect investments , assets and other liquid assets in compliance with Generally Accepted Accounting Principles (GAAP) . . Due to the enormous differences of local governments ( size , operations and sophistication) the State Legislature found it inappropriate to mandate specific procedures but requires that the adoption of any cash management and investment policy address at a minimum, design broad areas to achieve such basic investment and management objects as : i a list of authorized investments , procedures which ensure the local government ' s financial interest in investments , standards for written agreements consistent with legal requirements (E . g . custodial and collateral agreements ) , - procedures for the monitoring , control , reporting and retention of investments and collateral , standards for security and custodial agreements consistent with legal requirements , standards for diversification of investments which include the type of acceptable and allowable investment and firm (E . g . financial institutions) that can transact business with local government, and lastly , design or look to market and regulatory standards for reputable investment agents (E . g . Tompkins Trust Company) which will transact business with local government (E . g . Town of Ithaca) . To assist local government with this tedious task and maintaining compliancy with General Municipal Law , section 39 , the Chief Fiscal Officer and Town Budget Officer has turned to the New York State Comptroller ' s Office and it ' s "model investment policy" in formulating this Cash Management and Investment Policy for the Town of Ithaca. Beginning on page 3 of this document for this governing board ' s review , discussion and adoption is the Town of Ithaca ' s Cash Management and Investment Policy . The Town Chief Fiscal Officer, Cathy Valentino and Town Budget Officer, Al Carvill strongly recommends that this document be reviewed annually or whenever new investment of cash management legislation becomes law or mandated by other investor and financial agencies . (E . g . Moody ' s , SEC .) This document should also be reviewed as staff capabilities change or as any other internal or external issues dictate. 2 CASH MANAGEMENT and INVESTMENT POLICY FOR THE TOWN OF ITHACA I. SCOPE This cash management and investment policy applies to all moneys and other financial resources available for investment on of the Town of Ithaca. II . OBJECTIVES The primary objectives of the Town of Ithaca ' s Cash Management and Investment Policy are , 1 . conformance with federal , state and other legal requirements ; 2 . to adequately safeguard all cash principal ; 3 . to provide sufficient liquidity to meet all operations : 4 . and to obtain a reasonable and safe rate of market yield . III . DELEGATION OF AUTHORITY The governing town board ' s responsibility for administration , and monitoring of the Town ' s Cash Management and Investment Policy is delegated to the Town ' s Chief Fiscal Officer (which is the Town Supervisor) and the Town Budget Officer for the specific reason that is these Town Officers that have day-to -day custody of all Town money . This custodianship shall include adequate and practicable internal controls that will provide satisfactory levels of accountability within the Town ' s accounting and financial records and reports . 3 IV. PRUDENCE Everyone who is involved in the cash management and investment process is expected to act responsibly as custodians of the public trust and will avoid any transactions which might impair public confidence in the Town of Ithaca to administrate any/or govern effectively . V. DIVERSIFICATION It is the policy of the Town of Ithaca to diversify it ' s cash deposits and investments whenever practicable and to the benefit of the Ithaca Town community by institution , by both investment and account type and maturity scheduling . VI. INTERNAL CONTROLS It is the policy of the Town of Ithaca for all moneys collected by any officer or employee of the Town of Ithaca to give such funds to the Town ' s Chief Fiscal Officer or Town. Budget Officer who shall deposit such funds within three (3 ) business days , or within a time period specified by law , whichever is shorter . The Town ' s Chief Fiscal Officer and Town Budget Officer or any other employee or agent having custody of Town moneys is responsible for maintaining effective internal controls in safeguarding the cash assets of the Town of Ithaca against loss . Such transactions are to be recorded properly in the Town ' s accounting banking records . VII. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the depositing of Town moneys and investments shall be annually designated under resolution by the governing town board . 4 VII. COLLATERALIZING DEPOSITS General Municipal Law , section 10 provides for all deposits of the Town of Ithaca, including certificates of deposits , money market accounts , savings accounts , demand accounts that are in excess of the amount insured under those provisions of the Federal Insurance Deposit Act shall be secured : 1 . By a pledge of "eligible securities " with an aggregate "market Value " , or provided by General Municipal Law , Sec . 10 , equal to the aggregate amount of deposits a designated in Appendix A of this policy . IX. SAFEKEEPING and COLLATERALIZATION Eligible securities used for collateralizing the deposits of the Town of Ithaca shall be held by the bank or a third party custodian in the name of the Town of Ithaca subject to the terms and conditions of a security and custodial agreement . The security agreement shall provide that eligible securities are being pledged to secure the Town of Ithaca deposits together with agreed upon interest, if any, and any costs or expenses arising out of The collection of such deposits upon default . It shall also provide the conditions under which securities may be sold or substituted or released and the events which enable the Town of Ithaca to exercise its right against the pledged security(ies ) . In the event that the securities are not registered or inscribed in the name of the Town of Ithaca, such security(ies) are to be delivered and transferred in a suitable form to the Town of Ithaca or its custodial bank. The custodial agreement is to provide that securities held by the bank or trust company , agent or custodian fro the Town of Ithaca, will be kept in a separate account, apart from the general assets of the custodial bank, the bank, trust company or agent. In brief, these securities are not to be commingled with the assets of the financial 5 institution . The agreement will also instruct and direct that the custodian shall confirm the receipt, substitution or release of securities . The agreement will also identify the frequency for valuing those collateral securities held for the benefit of the Town of Ithaca. X. PERMITTED INVESMENTS The Chief Fiscal Officer, treasure or any other officer who has custody of municipal money to invest funds to invest idle funds not needed to meet immediate expenditures . The following types of investments are : - Special time deposit - Certificate of deposits - Obligations of the United States of America - Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America . - Obligations of the State of New York - With approval from the State Comptroller, obligations issued pursuant to Local Finance Law , sections 24 & 25 by any municipality , school district or other municipality corporation . - Obligations of public authorities , public: housing authorities , urban renewal agencies and industrial development agencies where general State statutes governing such entities or whose specific enabling legislation authorizes such investments . - Certificate of Participation (COPs ) issued pursuant to General Municipal Law , section 109b , and - Obligations of this local government, but only with moneys in a reserve fund established under General Municipal Law , sections 6-c , 6-d, 6 -e , 6 -g , 6 -h , 6 j , 6-k, 6-1 , 6 -m or 6-n . The State Comptroller directs that all investments are payable or redeemable at the option of the Town of Ithaca within such times as the proceeds will be needed to meet expenditures for which the moneys were initially provided and, when obligations have been purchased with the proceeds of bonds or notes , they too will be payable or redeemable at the option of the Town of Ithaca within two years of the date of purchase . 6 XI. AUTHORIZED FINANCIAL INSTITUTIONS The Town of Ithaca will annually under separate resolution designate the Town Official Depositories for the purpose of depositing and investing Town funds . The may also establish , if desired, appropriate limits to the amount of funds that can be invested in any or specific financial institution . All financial institutions doing business with the Town of Ithaca must be credit worthy . Each financial institution at the discretion of the Chief Fiscal Officer or other Officer having custody of Town funds may request the Consolidated Report of Condition (financial statement commonly referred to as the Call Report) of any bank or financial institution doing business with the Town of Ithaca. The Chief Fiscal Officer and the Town Budget Officer recommend that the governing town board annually designate under separate resolution those depositaries, and other financial custodians of town funds annually . CASH MANAGEMENT and INVESTMENT POLICY FOR THE TOWN OF ITHACA. Schedule of Eligible Securities ( 1 ) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest by the United Sates of America, an agency thereof or a United States government sponsored corporation . (2) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation , school district or district corporation of such State or obligation of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys . (3 ) Obligations of counties , cities , and other governmental entities of a state other than New York State , having the power to levy taxes that are backed by the full faith and credit of such government entity and rated in one of the three highest rating categories by at least one (E . g . Moody ' s ) nationally recognized statistical rating organizations . (4) Any mortgage related securities , as defined in the Securities and Exchange Act of 1934 , as amended , which may be purchased by banks under the limitations established by bank regulatory agencies . 8