HomeMy WebLinkAboutTB Minutes 2005-06-13 Regular Meeting of the Ithaca Town Board
Monday, June 13 , 2005 at 5 : 30 p . m .
215 North Tioga Street, Ithaca , New York
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Tompkins County Legislature — Tim Joseph
4 . Report of City of Ithaca Common Council
5 . Report of Fire Commission
6 . 6 : 00 p . m . — Persons to be Heard and Board Comments
7 . 6 : 15 p . m . — Public Hearing to Consider Noise Permit Application for the
American Cancer Society' s Relay for Life
8 . Consider Approval of Noise Permit for American Cancer Society' s Relay for
Life
9 . 6 : 30 p . m . — Public Hearing to Consider a Local Law Amending Chapter 271
(Zoning : Special Land Use Districts) of the Town of Ithaca Code Regarding
Special Land Use District No , 5 . Chamber of Commerce
10 . SEAR regarding a Local Law Amending Chapter 271 (Zoning : Special Land
Use Districts) of the Town of Ithaca Code Regarding Special Land Use
District No . 5 . Chamber of Commerce
11 . Consider Adoption of Local Law Amending Chapter 271 (Zoning : Special
Land Use Districts) of the Town of Ithaca Code Regarding Special Land Use
District No . 5 . Chamber of Commerce
12 , Consider Authorization to Establish a General Benefit Reserve and Amend
the 2005 Budget
13 . Consider Amending the 2005 Budget to Increase Funding for the Parks and
Open Space Reserve
14 . Consider Amending 2005 Budget to Increase Funding to $ 100 , 000 for the
Cass Park Facility
15 . 7 : 00 p . m . - Richard Fisher Award Ceremony
16 . 7 : 15 p . m . — Local Waterfront Revitalization Plan Update Joan Jurkowich ,
Tompkins County Planning Department
17 . Wage Scale — Discussion only
18 . SEQR regarding Replacement of Play Structure at Eastern Heights Park
19 , Consider Authorization to Apply for State of New York Grant for Play
Structure Replacement
20 . Consider Authorizing Planning Board to act as Lead Agency for the South Hill
Business Campus Rezoning
21 . Report on Transportation Plan Public Information Meeting
22 . Consider Adoption of Position Statement regarding Coddington Road and
Hanshaw Road
23 . Consider Resolution in Support of A . 6450 and S . 3153 " Community
Preservation Act"
24 . Consider Award of Contract for Eastern Heights Drainage Project
25 . Report on Contract Award for Southern Cayuga Lake Intermunicipal Water
Commission East Hill Transmission Main Project
26 . Report on Contract Award for Southern Cayuga Lake Intermunicipal Water
Commission East Hill Water Tank Project
27 . Consider Appointment of Fire Commissioner
28 . Consent Agenda
a . Town Board Minutes
b . Town of Ithaca Abstract
c . Bolton Point Abstract
d . Salary Adjustment for Planning Intern
e . Uniform Policy
f. Personnel Manual Updates
29 . Report of Town Committees
a . Agriculture Committee
b . Agricultural Land Preservation Advisory Committee
c . Board Policy and Protocol Committee
d . Capital Projects and Fiscal Planning Committee
e . Cass Park Facilities Intermunicipal Committee
f. Cayuga Lake Watershed Intermunicipal Organization
g . Codes and Ordinances Committee
h . Dog Park Committee
i . Intermunicipal Trail Committee
j . Lake Source Data Sharing Committee
k . Pegasus Oversight Committee
I . Personnel Committee
m . Public Works Committee
n . Recreation and Human Service Committee
o . Recreation Partnership
p . Records Management Advisory Board
q . Safety Committee
r. Sewer Joint Committee
s . Sewer Contract Committee
t. Southern Cayuga Lake Intermunicipal Water Commission
u . Transportation Committee
30 . 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 . Receiver of Taxes
k . Attorney for the Town
31 . Review of Correspondence
a . 5/2/05 Letter from the Association of Towns re an act to amend the Public
Officers Law in relation to electronic access to records
b . 5/ 17/2005 Letter from Ruth Pierpont re Hayt's Corners Chapel and
Schoolhouse
c . 5/ 18/2005 Letter from Todd Schmit re Sample Stormwater Management
and Sediment and Erosion Control Local Law
d . 5/27/05 Letter from George Winner, Jr. re Ithaca Estates Subdivision
e . 5/31 /2005 Petition from Penny Lane residents re parking on Penny Lane
f. 6/5/04 SPCA Monthly Report
32 . Consider Executive Session to discuss possible acquisition of real property
and possible litigation
33 . Consider Adjournment
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Regular Meeting of the Ithaca Town Board
Monday, June 13 , 2005 at 5 : 30 p . m .
215 North Tioga Street, Ithaca , New York
PRESENT : Supervisor Valentino ; 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 ; Al Carvill ,
Budget Officer; Judy Drake , Human Resources Manager; Andy Frost , Director of Building
and Zoning
EXCUSED : Councilwoman Grigorov
OTHERS PRESENT : John Barney , Attorney for the Town ; Bob Romanowski , Fire
Commission ; Tim Joseph , Tompkins County Legislature ; Robin Korherr, City of Ithaca ;
Allison Knoth , Marty Moses , Terrie Crance , Cecil and Lorraine Jayne , Deborah Mohlenhoff,
Sharon and Dan Tier, Heather Cooper all for the American Cancer Society Relay for Life ;
Barbara Abrams , 110 Irving Place , Ithaca ; Jean McPheters , Chamber of Commerce ; Pat
Leary, 316 Highland Road , Ithaca ; Joan Jurkowich , Tompkins County Planning Department .
CALL TO ORDER
The Meeting was called to order at 5 : 30 p . m . and Supervisor Valentino led the assemblage in
the Pledge of Allegiance .
Agenda Item No . 5 — Report of Fire Commissioners
Bob Romanowski appeared before the board and gave his report from the Fire
Commissioners . Mr. Romanowski announced he would be turning over his chairmanship to
Greg Kirkpatrick , but will be staying as the Vice Chairman . Mr. Romanowski will continue
giving monthly reports to the Town of Ithaca .
Councilman Burbank asked why the bomb scare at Wal-Mart costs $ 15 , 000 . Mr.
Romanowski responded that the federal and police agencies had the fire department on a
standby basis in case something went wrong . The costs are high because of overtime costs .
The personnel have not caught up with the responsibilities .
Agenda Item No . 3 — Report of Tompkins County Legislature
Tim Joseph of the Tompkins County Legislature appeared before the board . He reported that
he , Supervisor Valentino , Mayor Peterson and Cornell representatives have been meeting to
discuss housing and moving towards a more central city with a walking community. Mr.
Joseph felt that it was possible for the group to develop a partnership with Cornell , but there
is now a question of uncertainty given the resignation of President Lehman from Cornell .
Councilman Stein asked if Cornell Is contributions to the community had increased under
President Lehman . Supervisor Valentino answered that Cornell did increase their
contributions to the City, which helped the Town out as well because they also increased
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
funding to the Fire Department. Mr. Joseph was hopeful that the Town would encourage
Cornell to continue its commitment to the community. The County Legislature was looking to
pass a resolution encouraging continued commitment to the community .
Councilman Lesser mentioned that Tompkins County charges sales tax on fire wood , but
there are some counties that do not. He wondered if the County would ever consider waiving
the sales tax for firewood in order to encourage and recognize that it is an alternative fuel
source . Mr. Joseph did not think they had that option , but he did recognize it was a .county
option to charge or not charge sales tax on home heating fuels . It cannot not be specific to
one type of heating fuel .
Agenda Item No . 4 — Report of Cittf of Ithaca Common Council
Robin Korherr appeared before the board with her report . The City held four public hearings
during the past month and a lot of interesting discussion resulted . The first two hearings
authorized the transfer of surplus development funds from the rental housing program and
Canal Corridor Initiative to the Inlet Island Promenade . Another issue was building height .
Many people were very vocal about making the minimum building height of downtown
buildings two-stories and changing the zoning on one parcel from 60 feet to 85 feet.
The City also established a capital project to rehabilitate the South Aurora Street bridge over
Six Mile Creek .
Taxi cab fares were increased due to increased gas prices . Ms . Korherr wondered about the
rates for someone who traveled from the City to other towns . Supervisor Valentino thought it
was necessary for the towns and City to have consistent rates .
Councilman Stein stated in cities with which he was familiar, they do not necessarily
coordinate the rates . They look at where the cab is licensed to pick up passengers and use
the rate of where the passenger is picked up . Supervisor Valentino suggested that
Councilman Stein read the Town ' s taxicab ordinance because the Town ordinance did not
work that way.
Ms . Korherr reported there were several ordinance changes at the Governance Committee
regarding parks , Commons usage , and permitting , which brought the legislation in- line with
current practices .
Ms . Korherr mentioned that the Town had a resolution on the agenda regarding contributing
money toward the Cass Park Facility . She thanked the Town for working with the City ,
coming to an understanding of one another' s financial situation , and evaluating the costs
associated with the facilities . Councilwoman Gittelman asked if the Town would have some
say in how Cass Park was run . Ms . Korherr explained that the next step for the City/Town
facilities working group is to structure the rates for the 2006 contract and determine what type
of planning partnership could be established . She thanked Supervisor Valentino for looking
into the available tourism money and applying for Senate initiative money to expand the
hours of Cass Park in the summer 2005 . A second step is to work with the Municipal Officials
on the idea of regionalized recreation planning and bring that discussion to the County .
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Ms . Korherr understood that the Town had received two different opinions regarding the
amount of funding for Recreation Facilities . She knew that the resolution before the Town
Board was for $ 100 , 000 , which was double what the Town had budgeted for 2005 . She
apologized for the discrepancy in funding requests and thought that whatever the board
supported as a contribution for 2005 would be wonderful .
Supervisor Valentino mentioned that Carolyn Peterson and Dan Cogan came to a Southern
Cayuga Lake Intermunicipal Water Commission meeting to explore the possibility of joining
Bolton Point as an option for the City . Supervisor Valentino was pleased about the possibility
and willing to work with them to bring the project together. It would be good for all water
customers in the community because it would lower the rate and give the community a safe
water supply . She thought the commissioners were just as eager to work with the City .
Councilwoman Gittelman brought the board back to the discussion of the height of buildings
in the City. She asked if they were hoping to move the center of the City outward or were
they going to be adding height to the buildings on the Commons . . Ms . Korherr was not sure
what the rest of Council would do . The City has taken a lot of criticism for responding to
individual developers and the Comprehensive Plan for downtown has not been updated since
the 1970s .
Councilman Burbank asked about the status of the multiplex theatre within the reconstruction
of the parking garage . Ms . Korherr explained that a preferred developer was selected for the
multiplex , but it is very controversial . They are also talking about putting in a 10-theatre
complex in downtown on the Commons . The movie theatre at the mall is also expanding by
14 theatres . Many members of Common Council are concerned because a market study has
not been done to support the need for so many movie theatres .
Councilman Burbank stated the Town had received a petition from residents on Penny Lane
complaining about people parking on the road while they visit the Six Mile Creek gorge . He
asked if the City has looked into providing additional parking for the Six Mile Gorge . Ms .
Korherr was not aware of any plans , but thought it should be brought before the City Parks
Commission to try and determine the need . Supervisor Valentino stated that the Town Public
Works Committee was going to discuss the petition at their July meeting .
Agenda Item No . 6 - 6 : 00 p . m . — Persons to be Heard and Board Comments
Councilwoman Gittelman referred to the earlier discussion of writing to Cornell about
continued community involvement . She felt that Jeffery Lehman did such an unusual job of
reaching out to them that she would like , as a board , to write him a letter of thanks .
Supervisor Valentino thought they could draft a letter and have everyone who wanted sign it .
She thought it was appropriate because Mr. Lehman did reach out to the Town . She she
would draft a letter to the trustees asking them to hopefully continue that spirit of cooperation .
Councilman Stein mentioned that he circulated a resolution and would like to bring it up for
discussion . Supervisor Valentino was not sure what resolution Councilman Stein was
referring to . Councilman Stein responded that the resolution would establish a budget
committee and would he like to introduce it at some point. Supervisor Valentino thought that
the copies of the resolution should be circulated and then it could be put on the agenda it
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
July . Councilman Stein asked for a few minutes at some point to explain what he had in
mind . Supervisor Valentino thought that was a good idea and they would try to get to that.
Agenda Item No . 7 = 6 : 15 p . m . — Public Hearing to Consider Noise Permit Application
for the American Cancer Society's Relay for Life (Attachment #2 — Application
Materials
Marilyn Edid
Ms . Edid appeared before the board and expressed her concern about the Cancer Society' s
application for a noise permit . She feels the noise is unbearable and a chronic problem . One
year the organizers did respond to concerns and turned the noise down after Midnight . Last
year, however, the noise was as obnoxious and loud as ever. She explained that her intent
was not to shutdown the event, but to have the organizers be respectful of the neighborhood
and the noise permit they are granted .
Ms . Edid is currently serving as President of the Breast Cancer Alliance and her position on
the noise permit does not having anything to do with her volunteer work . Ms . Edid provided
the Town Clerk with two letters from neighbors in support of her position .
Supervisor Valentino explained that Ms . Edid called her last year after the event and
Supervisor Valentino tried to follow up with the Sheriff' s Department . The Sheriff' s
Department only had record of one phone complaint with regard to noise , but it was very
quiet by the time the Sheriff was able to make it to the site . Supervisor Valentino encouraged
Ms . Edid to write down who she spoke with at the Sheriff' s Department and at what time she
called .
Councilman Lesser asked how many households were impacted by the noise and what
portion of the households were concerned enough to sign the petition . Ms . Edid responded
that Renwick Heights is the neighborhood that goes up the bowl until you get to Cayuga
Heights . In the past, she has not canvassed the entire area . Last year Ms . Edid canvassed
her street and she was able to get a signature from someone at every house that she visited .
Councilman Burbank knew that noise could be affected by many different factors . He asked
if it was the kind of noise that woke them up from their sleep when it was at its worst . Ms .
Edid said it was the kind of noise that prevents her from falling asleep and imagined it could
wake people who were sleeping .
Larry Blume , 22 Renwick Heights Rd
Mr. Blume appeared before the board and expressed his concern over the noise that is
produced by the event at the high school . The problem for the board is that there are very
few regulatory rules . He was upset by the level of noise and the violation of the agreement
that there would not be amplified sound after midnight. Mr. Blume was quite angry about the
situation and about having to come back before the board year after year to complain about
the noise of the event.
Councilman Stein asked Mr. Blume what he would like the board to do . Mr. Blume would like
the board to come and monitor the noise at the event . He would also like the board to deny
the use of the facility after 2005 if there are significant noise problems . He did not know what
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
else could be done and if nothing could be done , he didn 't know why they were going through
the process .
Paul Marino, Steering Committee for Relay of Life
Mr. Marino appeared before the board and explained that he was responsible for coordinating
the entertainment and the sound . He apologized to the neighbors for the noise over the past
years . It was explained that last year things got a little bit out of control later than they
expected it to . The disc jockey, who played the music . overnight, is no longer with the event
because of the complaints . They expect all noise from the live entertainment and live sound
system to be shut down between 12 : 00 and 12 : 15 a . m . They do not expect to have any
announcements this year, but will be playing cd music at a very low volume . Mr. Marino
wanted clear direction on what extent they could go in terms of sound and if the board tells
them to shut it down , then he would prefer to do that and move on .
Councilman Lesser recalled that during past applications it was explained the amplified
sound was needed because a number of the volunteers were ambulating the track and
sometimes needed some encouragement in the wee hours of the morning . He understood
Mr. Marino was suggesting that they could do away with the amplification during the late
hours . Mr. Marino responded that he would hate to have to eliminate the amplification during
the night because they do like to make announcements and encourage people .
Councilwoman Gittelman asked if people went out into the neighborhoods during the event to
monitor the sound . A woman in the audience responded that she does drive around the area
to monitor the sound . Councilwoman Gittelman asked if the sound seems louder in the
surrounding neighborhoods . Mr. Marino responded that it doesn 't sound as loud to him as it
might to the neighbors .
_Agenda Item No . 9 - 6 : 30 p . m . — Public Hearing to Consider a Local Law Amending
_Chapter 271 (Zoning : Special Land Use Districts ) of the Town of Ithaca Code
Regarding Special Land Use District No . 5 . Chamber of Commerce
Supervisor Valentino opened the public hearing at 6 : 30 p . m . The Town Clerk had proof of
posting and publication .
Agenda No . 8 Cont' d
Councilman Stein thought that it would be more appropriate for the neighbors to call event
organizers with noise complaints rather than the Sheriff' s Office . Mr. Marino said it was
reasonable , but they would still receive complaints no matter how low the sound was .
Supervisor Valentino mentioned that there are decibel requirements . Attorney Barney
explained that the reason for the noise permit was to waive the noise requirements in the
ordinance . Supervisor Valentino said that there was a certain amount that the Town could
monitor and if they don 't exceed that amount then they don 't need a permit. There is a level
recognized by the Town of Ithaca as not being too much . Mr. Frost offered his services to
monitor the level of noise .
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Councilman Burbank made several suggestions that might help solve the problem with
amplified noise in the neighborhood . i
Dan Tier, Steering Committee
Mr. Tier appeared before the board . He felt that the numbers were subjective to
interpretation . Mr. Tier did unofficial testing with the sound meter during the day and the
ambient noise during the day is about 65-67 . It became louder with larger traffic . He did
more testing with a loud speaker off a fire department vehicle and the sound numbers that
were indicated on the meter were about 65 .
Councilman Stein wanted to know what their options were and what the permit means .
Attorney Barney explained the application is requesting permission to exceed the limits that
the ordinance would otherwise permit . The board could grant the permit , but condition it upon
certain things , or it could turn the request down .
Marty Moses , Steering Committee
Ms . Moses appeared before the board and explained that she had been involved in the Relay
for Life for the past 8 years . She knows that the Steering Committee has made another effort
every year and tried something different each year to control the noise . They have abided by
the rules . They have turned away people who wanted more amplified sound and turned the
speakers toward Route 13 . She monitored the area last year, as promised , and drove
around the area . Any time they have received a call about the noise , they have turned the
sound down . She does not know what else they could do and was feeling more than
frustrated because there are relays all over the country , in New York State and in the region
within communities that are equally as close and no one has ever had a complaint . Ms .
Moses stated she was beginning to get a little uncomfortable and feel harassed by the
complaints . She further stated that the volunteers lived in the community and were not
intentionally creating a lot of commotion .
Supervisor Valentino thanked members of the public for coming and brought the matter back
to the board . She did not think it was an option for the board to do something that would shut
down the event.
Councilman Engman stated that he has sat through three meetings where the Cancer
Society has requested a noise permit. He felt it was the same thing over and over and
concluded that it was impossible to control the amplified noise . Councilman Engman
explained that there were hundreds or thousands of fundraisers in Tompkins County every
year, but they do not keep people up at night. It is unusual and thought it was unfair to the
people who reside and pay their taxes in the Town of Ithaca to have to put up with it year
after year. He did not feel that the American Cancer Society needed this fundraiser and
mentioned the information he found on the Internet regarding their net worth and the salary of
employees .
Councilman Engman moved to grant the permit with the condition that the amplified sound be
turned off at Midnight on July 8 , 2005 until 7 : 00 a . m . on July 9 , 2005 .
Councilman Stein asked what could be the most restrictive resolution passed to keep the
noise down to the lowest level . Attorney Barney responded that Councilman Engman 's
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved Judy 11, 2005
motion was very restrictive . Attorney Barney gave an overview of the Noise Ordinance .
Councilman Stein seconded the motion .
Supervisor Valentino asked if the Town could legally impose a resolution that was more
restrictive than the ordinance . He thought that the Town could restrict the amplified sound
because the Town is giving a permit for greater noise during other hours of the event .
Councilman Lesser reminded the Board that the money raised in Tompkins County from the
fundraiser remained in Tompkins County . Councilman Engman responded that it was correct
and true for any organization that collects money because there is funding and the money
rolls in and rolls out and whether it stays in Tompkins County or not was the issue .
Councilman Engman felt there is a great deal of money involved in the Cancer Society and
they did not have .to disturb people at night to raise more . Councilman Lesser disagreed with
Councilman Engman ' s point of view .
Allison Naught, American Cancer Society
Ms . Naught appeared before board and explained that there are 4400 relays for life across
the US and billions of dollars are spent on research , patient and family services that come to
communities . Tompkins County has the distinct advantage of getting every penny back . She
felt that the only way to really make a difference is to do something because almost
everyone 's life has been touched by cancer. The event is more than just the cancer society.
It is about community , wellness and educating people .
Councilman Burbank asked Mr. Marino if he felt the proposed restriction would still allow the
event to go forward . Mr. Marino responded the event would still go forward , but it would
change the nature of the overnight aspect of the event . The organizers were not happy with
the proposed resolution and it does cause problems with keeping things going .
Supervisor Valentino preferred that there not be a restriction on amplified sound .
Councilman Engman reiterated that he has nothing against the event . He has in fact
organized a past team to participate . What he stated he was against is the constant
promising of taking care of the problem and it just doesn 't happen . He told the Board he had
come to the end of his rope , he thought it was time to put Town restrictions on the permit , and
do the job of a Town Board so that people can get some rest over night . He felt it was not
necessary to keep people up all night in order to have a successful event.
Councilman Lesser stated that he too had been through the discussions regarding past
permit applications and can imagine the frustration of both sides involved . However, given
the fact that there has been little documentation of the particulars of the problem he stated he
was reluctant to pass a resolution and would not support the resolution on the floor because
of the potentially damaging effect it might have for an enormously successful fund raising
campaign for the whole community . Mr. Lesser stated he well recognized that there are
some people that are very much disturbed by the sounds emanating from the event and
would like the Town to perhaps consider setting up a fund so that for those who found they
couldn 't sleep that night the Town would be able to put forward some funds to house them in
a motel room for the evening . Mr. Lesser stated he would be delighted to make a
contribution to start such a fund .
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Ms . Hunter read Mr. Engman 's resolution to the Board .
TB RESOLUTION NO . 2005- 080 : Granting a Noise Permit to the American Cancer
Society Relay for Life
BE IT RESOLVED , that the Town Board grants the request of the American Cancer Society
Relay for Life for a noise permit from 2 : 00 p . m . July 8 , 2005 to 10 : 00 a . m . July 9 , 2005
subject to the condition that there be no amplified sound from 12 : 00 midnight to 7 : 00 a . m .
MOVED : Councilman Engman
SECONDED : Councilman Stein
VOTE : Supervisor Valentino , nay ; Councilman Lesser, nay ; Councilman Burbank , nay;
Councilwoman Gittelman , nay ; Councilman Engman , aye ; Councilman Stein , aye . Motion
defeated .
TB RESOLUTION NO . 2005- 081 : Granting a Noise Permit to the American Cancer
Society Relay for Life
BE IT RESOLVED , that the Town Board grants the request of the American Cancer Society
Relay for Life for a noise permit from 2 : 00 p . m . July 8 , 2005 to 10 : 00 a . m . July 9 , 2005 .
MOVED : Supervisor Valentino
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , nay; Councilman Stein , nay . Motion
carried .
Mr. Mitrano thanked the Board and told them he did not want to come back next year.
Agenda Item No . 7 — Public Hearing to Consider a Local Law Amending Chapter 271
(Zoning : Special Land Use Districts) of the Town of Ithaca Code Regarding Special
Land Use District No . 5 Chamber of Commerce
Jean McPheters , Chamber of Commerce
Ms . McPheters asked the Board to support the change before them stating it is essential for
the Chamber of Commerce to use the space in the newly planned addition . The Planning
Board has supported the plans the Chamber of Commerce has brought before them . Ms .
McPheters thanked Jonathan Kanter and his staff for their help in moving through the
process .
There was no one else to appear before the Board . Supervisor Valentino closed the hearing
at 7 : 10 p . m . and brought the matter back to the Board .
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
TB RESOLUTION NO . 2005- 082 : SEQR : Proposed Local Law Amending Chapter 271
(Zoning : Special Land Use Districts) of the Town of Ithaca Code Regarding Special
Land Use District No . 5 , Chamber of Commerce Attachment #3 — SEQR)
WHEREAS , this action is the enactment of a local law amending Chapter 271 (Zoning :
Special Land Use Districts) of the Town of Ithaca Code regarding Special Land Use District
No . 5 , Chamber of Commerce ; and
WHEREAS , said proposed local law would amend Section 271 -7 ( F) (2 ) of Chapter
271 -7 of the Town of Ithaca Code by increasing the number of persons permitted to be
employed in the building at any one time from ten to twenty; and
WHEREAS , this is an unlisted action pursuant to the New York State Environmental
Quality Review Act ( SEQRA) 6 NYCRR Part 617 and Chapter 148 ( Environmental Quality
Review) of the Town of Ithaca Code , for which the Town of Ithaca Town Board is acting as
Lead Agency in conducting an uncoordinated environmental review with respect to the
enactment of the above-described local law; and
WHEREAS , the Town Board , at a public hearing held on June 13 , 2005 , has reviewed
and accepted as adequate the Short Environmental Assessment Form ( EAF) , Part I , for this
action , prepared by the Chamber of Commerce and revised by Planning staff, and Part II of
the EAF , prepared by Town Planning staff;
RESOLVED , that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above
referenced action as proposed and , therefore , neither a Full Environmental Assessment
Form , nor an Environmental Impact Statement will be required .
MOVED : Councilman Burbank
SECONDED : Councilwoman Gittelman
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
TB RESOLUTION NO. 2005 - 083 : Resolution Adopting a Local Law Amending
Chapter 271 (Zoning : Special Land Use Districts ) of the Code of the Town of Ithaca
Regarding Special Land Use District No . 5 , Chamber of Commerce Increasing the
Permitted Number of Employees (Attachment #4 — Local Law)
WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town Board on June 13 , 2005 , at 6 : 30 p . m . to hear all
interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER
271 (ZONING : SPECIAL LAND USE DISTRICTS) OF THE CODE OF THE TOWN OF
ITHACA REGARDING SPECIAL LAND USE DISTRICT NO. 5 , CHAMBER OF
COMMERCE " ; and
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
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 , the adoption of this local law is , pursuant to Part 617 of the Implementing
Regulations pertaining to Article 8 of the New York State Environmental Conservation Law
(which law and regulations thereunder, including the Town ' s local law, are collectively
referred to as "SEQR" an Unlisted Action ) , and it has been determined by the Town Board
that adoption of said proposed local law would not have a significant effect upon the
environment and could be processed without further regard to SEQR ; and
WHEREAS , the Town Board finds it is in the best interests of the Town and its citizens
to adopt the local law;
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 271 (ZONING : SPECIAL LAND
USE DISTRICTS ) OF THE CODE OF THE TOWN OF ITHACA REGARDING
SPECIAL LAND USE DISTRICT NO . 5 , CHAMBER OF COMMERCE " a copy of
which is attached ; and it is further
RESOLVED , that the Town Clerk be and she hereby is directed to ( i) enter said local
law in the minutes of this meeting and in the Local Law Book of the Town of Ithaca , ( ii)
cause a copy or abstract of such local law to be published in the Ithaca Journal as
required by law ( including Section 265 of the Town Law) , and ( iii) file a copy of said
local law with the Secretary of State of the State of New York.
MOVED : Councilman Lesser
SECONDED : Supervisor Valentino
VOTE : Supervisor Valentino Voting Ave
Councilperson Lesser Voting Ave
Councilperson Burbank Voting Ave
Councilperson Engman Voting Ave
Councilperson Gittelman Voting Ave
Councilperson Stein Voting Ave
Motion Carried .
10
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Agenda Item No . 15 — Richard Fisher Award Ceremony
Lenore Durkee , Chair of the Town ' s Conservation Board appeared to present the second
annual Richard Fischer Award . Her comments and the comments of Richard Fisher follow:
Lenore Durkee
Early in 2003, The Conservation Board proposed the creation of an award that would recognize local
efforts to preserve the quality of the Town 's natural environment. The Town Board formally approved
this proposal.
Our model was Dr. Richard B. Fischer who, throughout his decades of residence in the Town of
Ithaca, has made significant contributions toward this end, as an environmental educator, as a
naturalist with particular interests in bluebird populations in this area, as a writer of professional and
popular articles on conservation, and through many other equally impressive accomplishments.
Richard Fischer
I 've had a wonderful time living here in the Ithaca area. I moved in in 1949 as a grad student on the
hill and soon became involved in matters dealing with the environment, quality of the environment and
living places of the wild creature and in the course of more than twenty years I came to know Dan
Hoffman quite well. I consider him to be a pillar of the community. When I think of Dan Hoffman or
hear his name mentioned I think of the Six Mile Creek Gorge which he has done so much to protect it
from intrusion and from sale to people who might not appreciate it. So every time there was
discussion of Six Mile Creek, Dan would be in the middle of the barrage.
Somebody got an idea one dark night and thought it would be good to develop the Southwest corner of
the City of Ithaca, partly the City of Ithaca, we in the Town owned a good of the land too. So Dan
spent many hours surveying the southwest tract accessing its bioda and recommending limitations and
boundary lines for the activities. Well Dan, when you look at the land now all built up with
superstores you might think that Dan didn 't really win that one. I say he did because the land now
doesn 't look anything like what it would have looked had Dan not been holding that tiller. It 's hard to
believe, looking at that southwest tract now, that it was once a wetland. Professor Allen at Cornell
used to tell us grad students about the Wilson snipes that bred in that large meadow tract. We won 't
see that again but we may see others species coming in, deer and foxes and raccoon and coyotes know
all about the area already. And more things will be coming along. I 'm not supposed to deliever an
oration, just a few words about what I 've been up to myself and to congratulate you folks on your
stand on matters environmental. I do want to tell you again how thrilling it is to see the Six Mile
Valley taken such good care of It 's not generally known, but I was the one who proposed to the City
of Ithaca that the Six Mile Creek area be a wildflower preserve. That was in 1970, as I recall. We
turned the valley over to Dan and his colleagues and they 've done a good job protecting it for us and
he deserves recognition.
Lenore Durkee
The Richard B. Fischer Environmental Conservation Award was established to recognize citizens or
organizations whose work, in the spirit of Dr. Fischer, also has had a significant positive impact on
environmental conservation in the Town.
This evening we are honoring Dan Hoffman who will receive the second annual Fischer award.
11
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Dan Hoffman has lived in Ithaca for over 30 years. In that time, he has served the community as a
tireless and effective advocate for the environment. He has served on the City Planning Board and
Conservation Advisory Council, the Citizens Planning Alliance, the Board of the FLLT (where he has
given hours of pro Bono legal help to the Trust 's land protection efforts), and has chaired the City 's
Natural Area Commission. , served on the Tompkins County Environmental Management Council and
in other groups dedicated to conservation.
Perhaps his single most significant accomplishment was, and continues to be, his work to protect the
Six Mile Creek Corridor. As you know, this area is extremely important to the City and the Town of
Ithaca for its wildlife, its recreational opportunities and particularly its water quality. The Town and
City have long had the protection of this area as a major goal. Achieving this goal required the
acquisition of several key properties. Through the unstinting efforts of Dan Hoffman, efforts exerted
over several years, efforts that took considerable amounts of his time, efforts that demanded an
incredible tenacity and dedication, Dan was able to persuade the City to purchase more land in the
Town in the Six Mile Creek corridor, expanding the City 's watershed holdings and protecting the area
from development. This has made a real difference to the citizens of the City and Town, although his
work has been done quietly and without fanfare. In the words of one nominator, "I doubt if many
people are even aware of the tremendous positive impact he has had on the community. The fact is
that he spearheaded the protection of a lot of land that would eventually have gone to houses--all in an
important and beautiful recreational area that most people probably assumed was protected. "
I have said that Dan continues to be involved with Six Mile Creek. A recent e-mail from him to
members of the City NAC describes several areas where the trail has washed out and needs repair. He
is concerned about the practical aspects of getting repair materials to the sites and mentions (almost
as an afterthought) that "I 've created a narrow, temporary, emergency bypass " around one of the
eroded areas and wonders if it would serve as the best permanent route. Imagine in that rainy month
of April, Dan bushwhacking through the area, probably working along a steep, muddy slope,
developing that alternate route.
As a colleague on the NAC has said, "I will attest from experience with him on the NAC since I
became involved there--that it [such effort] is typical of him--clearly a labor of love, pro Bono in
perhaps an even higher sense than is applied to legal matters. "
The full term, I believe, is pro Bono publico " for the common or (public) good. This certainly applies
to Dan.
Now, Cathy Valentino, Supervisor of the Town of Ithaca, has kindly agreed to present the award.
Supervisor Valentino stated her pleasure in presenting Mr. Hoffman with the Richard Fischer
Environmental Conservation Award,
Mr. Hoffman accepted the award with the following statement :
First of all, I want to say everyone what an honor it is to have my name associated with Dick Fischer 's
name with regard to this award. I met Dick probably 25 / 30 years ago and he has continued to be a
great inspiration to me for his unwavering commitment. Dick has been an inspiration for all that time.
12
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
He is gentle but firm. He is knowledgeable but not in any way sanctimonious or hard to approach. He
has never been afraid to speak out or stand up for what he believes in. He 's a perfect model for any of
us who want to be concerned citizens. It was from Dick and others like him that 1 came to appreciate
the importance of natural and wild areas in Tompkins County. It 's from honoring these parts of the
earth that we and those who come after us can understand and experience the beauty the power and
the mystery of nature and the incredible system of which we are a part. In addition, on a political
realm, I 'm sure Cathy will be pleased to know that in the Six Mile Creek natural area her very
progressive suggestion of City and Town consolidation is already being followed. Once you 're in the
woods, there 's no sign of any distinction between the two. The trees and plants are all working
together. Anyone who knows me very well knows how important the Six Mile Creek area is to me. I
was introduced to it during my first year in Ithaca more than 35 years ago and it was love at first sight.
In fact, I guess it 's probably my longest relationship. Six Mile Creek is my playground, my meditation
retreat, my fitness center, and my church all rolled into one. And I or you can get all of that without
paying anything but I 've decided the way that I will give back is to work in an ongoing way for the
protection and preservation and maintenance of that area. I invite all of you to enjoy Six Mile Creek
and the other natural areas that we are blessed with in the ways I 've described and if you haven 't
already to find your own way, big or small, of giving back so that we and our children and
grandchildren will be able to enjoy these resources long into the future. I thank you so much to the
Town for seeing the value in working to protect our natural resources and making an award like
available.
Ms . Durkee invited those present to view the plaque in the lobby to which Mr. Hoffman ' s
name has been added . This fall the Town will be planting a tree , a copper beach , in Eastern
Heights Park in honor of Mr. Hoffman .
Agenda Item No . 12 — Consider Authorization to Establish a General Benefit Reserve
and Amend the 2005 Budget.
Councilman Engman questioned the automatic nature of the annual contribution described in
the third "Whereas" of the proposed resolution . Mr. Barney recommended a wording
modification as follows : "this reserve is to be funded annually by appropriations as
determined by this board expected to be . . . " The Board was in favor of with Mr. Barney' s
modification .
TB RESOLUTION NO . 2005 — 084 : Approval , Authorization To Establish A "General
Purpose Benefit Reserve " and Amend the 2005 General Townwide Fund Budget, the
General Part Town Fund Budget, General Part Town Highway Fund Budget, the Water
and Sewer Fund Budget
WHEREAS : In conjunction with the NYS Comptroller' s Bulletin issued January 2005
" Modification of NYS Retirement Systems Annual Payment Date and Reserve Provision for
Pension Contributions" the Town Supervisor and Town Budget Officer recommend the
establishment of a General Purpose Benefit Reserve , and
WHEREAS : Establishment of this General Purpose Benefit Reserve is compliant with the
"one time budgetary window" outlined in the State Comptroller' s Bulletin in meeting and
assisting future operating fringe benefit costs as recommended , and
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Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
WHEREAS : In an effort to keep pace with fluctuating benefit costs this reserve is to be
funded annually by appropriations as determined by the Board anticipated to be the
unexpended budgeted benefit appropriations in the operating and special revenue funds , and
WHEREAS : It is the recommendation of the Town Supervisor and Town Budget Officer that
an initial deposit of $ 140 , 000 be made as apportioned among these funds as detailed , and
Fund Description 2004 % Initial Reserve
Retirement Bill Funding
General Townwide Fund $ 129 , 160 47% $ 655800
General Part Town Fund 45 , 726 17 % 23 , 800
General Part Town Highway Fund 78 , 636 28 % 39 , 200
Water Fund 121826 5 % 77000
Sewer Fund 71513 3 % 41200
Total $ 2732864 $ 1407000
WHEREAS : Funds to meet this initial reserve deposit are to be provided from the Fund
Balance in each of the respective funds , and
WHEREAS : The Town Supervisor and Town Budget Officer also recommend that future
funding of the "General Purpose Benefit Reserve" will be provided from each operating and
special revenue fund ( E . g . General Townwide Fund , General Part Town Fund , General Part
Town Highway Fund , Water Fund , Sewer Fund ) using the same methodology as detailed
above based upon the current retirement billing , and therefore be it
RESOLVED : That this governing Town Board approves establishment of a "General Purpose
Benefit Reserve" and its continued funding in each annual Town budget .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 13 — Consider Amending the 2005 Budget to Increase Funding for the
Parks and Open Space Reserve
TB RESOLUTION NO . 2005 — 085 Approval Amending the 2005 General Townwide
Fund to Increase Funding of the Parks and Open Space Reserve
WHEREAS : A Parks and Open Space Cash Reserve was created at the October 2 , 1997
Town Board Meeting , and
WHEREAS : As of December 31 , 2004 this cash reserve totaled $270 , 599 , and
14
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
WHEREAS : This governing Town Board included an annual cash deposit to this Reserve in
the 2005 General Townwide Fund of $ 50 , 000 , and
WHEREAS : While it was the recommendation of the Capital Projects & Fiscal Planning
Committee to add $70 , 000 to the Parks and Open Space Reserve the Town Board felt it to
be fiscally prudent by making an initial 2005 deposit of $ 50 , 000 pending a more detailed
review of the General Townwide Fund balance after the year ending December 31 , 2004 , and
WHEREAS : The Town Supervisor and Town Budget Officer has presented and reviewed
with this Town Board the fund balance position of the Town for the year beginning 2005 and
recommend that the 2005 General Townwide Fund budget be amended by increasing the
Parks and Open Space Reserve by an additional $20 , 000 to be provided from unreserved
fund balance monies , now therefore be it
RESOLVED : That this governing Town Board approves the additional $20 , 000 of Reserve
funding an amends the 2005 General Townwide Operating Fund budget.
MOVED : Councilman Engman
SECONDED : Councilwoman Gittelman
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda item No . 16 — Local Waterfront Revitalization Plan Update (Attachment #8 —
Memo from J . Kanter)
Joan Jurkowich from Tompkins County Planning Department appeared before the Board
regarding the Local Waterfront Revitalization Plan . The Board received copies of the plan in
their packet of materials for the meeting .
Ms . Jurkowich told the Board the plan was started some five years ago . The document has
gone through review by the various municipalities that need to adopt it. While she knows
there is room for improvement in the document but stated she is hoping it' s in an agreeable
enough format now that the community can move forward . Many of the plan ' s
recommendations are already underway with some of them even completed . Ms . Jurkowich
felt the plan fairly reflects the public concerns and issues that were raised during a fairly
extensive public participation process . Once the plan is adopted . and put in place , because of
State funding and the State process for local waterfront revitalization plans any State agency
actions within the waterfront will need to be consistent with the plan . This , in some ways ;
gives localities a way to work with State agencies who might be working on projects in the
area . Another reason for adopting the plan is that the projects within the waterfront that are
consistent with the plan become eligible for funding from the State' s waterfront revitalization
program monies . The project has been a joint effort of the Towns of Ithaca , Ulysses ,
Lansing , the City of Ithaca , and the Villages of Lansing and Cayuga Heights . All six of these
15
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
municipalities need to adopt the plan before it can be submitted to the State for their final
comment, review , and acceptance .
The plan focuses on five major areas . The first is increasing public access to the waterfront
through both trail development and through enhancing waterfront parks . The second major
element of the plan is to address the noise issue . Ms . Jurkowich felt the municipalities in
partnership have already done much of that work . The third major element of the plan in
terms of recommendation is the identified need to dredge the navigable sections of Cayuga
Inlet . Both to maintain and enhance boat access and protect flood protection provided by the
flood control channel . The fourth is to stimulate water dependent and water enhanced
development in the City of Ithaca on the waterfront . The plan recognizes the importance of
protecting and improving the water quality of Cayuga Lake .
Regarding the adoption process , the Town of Lansing Planning Board is acting as lead
agency for the SEAR review. Once the SEQR determinations are made , the plan can be
adopted by the various municipalities within their own schedule and process .
Ms . Jurkowich invited questions from the Board .
Councilman Engman reported having read the document; found it a very interesting and
complete document. He had a couple minor quibbles with it . For example , he thinks the
document encourages an increased use of Cayuga Lake by boating and fishing interests but
it does not discuss the impact of increased oil and gasoline introduction into the lake . What' s
the effect on the fishery? If you have increased fishing is it going to deplete the fish stock?
Would there any further effect on the declining fishing in Cayuga Lake ? Apparently there are
problems with introduced species , especially food sources for lake trout .
Councilman Lesser stated it was a wonderful and ambitious document . The only area he did
not see . get a great deal of attention is swimming access to the lake . Right now, if one likes
to swim , there are really not many opportunities to swim legally in the lake unless you are
fortunate enough to have private access . He felt this was ' a real limitation , almost a crime to
be this close to the lake and not be able to get in it . He hoped that could be made a priority
at some future date .
Councilman Burbank asked for an explanation of how the document would be used . Ms .
Jurkowich told him the plan does make some recommended changes to zoning ordinances in
the various municipalities . The recommendations for the Town of Ithaca have already been
addressed in the update of the zoning ordinance . Mr. Kanter told him that all the
municipalities participated in the plan process to the extent that the recommendations in the
plan are not contradictory to what the municipalities wanted . Ms . Jurkowich stated they have
worked closely with Towns in preparing the plan . She stated the anticipation from the State
is that eventually the municipalities would adopt either these changes or similar changes to
their zoning ordinance . The State looks to the municipalities to implement their part of it . It is
anticipated that as development proposals come forward in the waterfront area the
municipalities would look at the waterfront plan and access the consistency between the
proposal and the waterfront plan . The waterfront plan does not have a veto power over
anything that' s out there , but it is yet another document that is checked when a proposal
comes forth and gets weighed with other issues when Planning Boards and Town Boards
16
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
make decisions about development proposals . Mr. Kanter added that the policies that are
specified in the plan would be applicable to all the municipalities so that if the Town Board
agrees to adopt the plan you would be adopting those policies as well . The Board will want
to look closely at those and make sure they are in line with our thinking . Secondly , Mr.
Kanter stated each municipality has kind of a list of separate projects or implementation
measures that are listed summarized in an appendix to the report as Implementation
Schedule . There were not many specific projects for the Town , but a couple . Someday a
future waterfront trail ; the linkage from where the City waterfront trail will end to continue it up ,
it does mention specifically East Shore Park , which has already happened , but if there are
ways to enhance public access or otherwise improve that park consistent with the waterfront
plan that would be one project . It is pretty limited from the Town of Ithaca 's viewpoint , but
again , if there is money available from the State to help do any of these things listed then that
would be a good thing .
Ms . Jurkowich reported that the boundary of the waterfront area includes the Six Mile Creek .
They went up the corridors to captures some important public lands , so those lands , in theory
become eligible for some State funding . We tried to capture anything we knew that was
related to our water quality in Tompkins County.
Mr. Kanter stated that . the only action the Board is being asked to consider is to refer it to the
Planning Board to provide a recommendation back to the Town Board . They have already
taken the liberty of scheduling Joan Jurkowich to come to the next Planning Board meeting .
t TB RESOLUTION NO . 2005 - 086 : Cayuga Lake Waterfront Plan ,
BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby refer the Cayuga
Lake Waterfront Plan ("The Plan ' — December, 2004) to the Planning Board for a
recommendation regarding adoption of the Plan .
MOVED : Supervisor Valentino
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 14 — Consider Amending the 2005 Budget to Increase to $ 100 ,000 for
the Cass Park Facility Attachment #5 — Summary of Options in Determining Annual
Town Support Payments for City Recreation Facilities " )
Supervisor Valentino reviewed with the Board a spreadsheet "Summary of Options in
Determining Annual Town Support Payments for City Recreation Facilities Based on Actual
2004 City Revenue and Expenses" that was mailed in the board packet . She proposed a
total contribution of $ 100 , 192 , which included $ 5 , 000 for the Youth Bureau building .
Councilman Stein proposed amending the resolution submitted by Supervisor Valentino .
Supervisor Valentino agreed to change the wording in the seventh "whereas" from the
17
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
recommendation of the " negotiating committee" to the recommendation of the "supervisor" .
Councilman Stein asked and Supervisor Valentino agreed to delete the third " resolved "
stating he did not feel they could bind future board to make a decision . He stated he thought
it was unwise to make threats to people . He continued stating he has sat in meetings with
those people and he finds a real sense of their commitment to go ahead and do " it" . They
have indicated on more than one occasion that it was more or less an oversight that a joint
committee wasn 't set up . It was the business of splitting of the recreational partnership from
the facilities question and they saw the logic of that and would in fact work to do it . That
being the case he thought it was unwise to use a stick when it isn 't unnecessary .
Councilman Lesser stated he didn 't understand the "stick" that Mr. Stein sees , is he talking
about operating efficiencies and indebtedness? Mr. Stein stated he was referring to " in the
event that they don 't agree to a joint municipal oversight group " . Mr. Stein felt if he were
sitting on the other side of the table that statement would make him less inclined to agree to
forming such a group rather than more inclined to agree . Supervisor Valentino stated she
was willing to take that out . She felt that from discussions with the City , they understand the
point that if there is going to be more money involved going to the City then the Town expects
to be able to play a role in the decision . Mr. Stein felt that was not the right to state it and that
is not what he heard from the City . What Mr. Stein heard from the City that understanding
that if we are providing money , whether it is more money or the same money , if the Town is
providing money we ought to have some formalized way of having a say .
Councilman Lesser asked , regarding " net operating cost" , whether that meant no payments
for facilities and if facilities were to be included , that refers to the debt rather than some more
standard way of charging faculties such as depreciation . Supervisor Valentino told him it was
operating and maintenance costs , the debt is not included . Mr. Lesser asked if, at this point
in time , we are making no payment towards the general depreciation of the facilities .
Supervisor Valentino told him the Town is not making payments toward depreciation , only
operation and maintenance . He asked if it was being considered for the future?
Councilman Lesser commented on the administrative costs ( 12 % of the direct costs) he was
surprised .
TB RESOLUTION NO . 2005-087 : Amend The 2005 General Townwide Fund Operating
Budget For Increased Funding To The City Of Ithaca For The Cass Park Facility
WHEREAS : In recognition of the benefit to the Town as a result of the availability and
accessibility of City recreational facilities to Town residents at the same cost as charged to
City residents , the Town has over the years made financial contributions to the City towards
the costs incurred by the City in operating certain recreational facilities that benefit Town
residents , and
WHEREAS : In the Adopted 2005 Town Budget this governing Town Board appropriated
$ 50 , 000 to be paid to the City of Ithaca to financially support the Cass Park facility , and
WHEREAS : In an October 12 , 2004 correspondence of Allen Green , Director of the City
Youth Bureau requested a $ 100 , 000 financial contribution from the Town of Ithaca for 2005 ,
and
18
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
WHEREAS : At the time of adopting a 2005 budget the Town Board considered it fiscally
prudent to appropriate $50 , 000 to the City of Ithaca for Cass Park with the intention to
reassess the Town ' s ability to consider additional funding pending a review of the General
Townwide Fund balance position , and
WHEREAS : The Town and City Recreation Facilities Negotiations Committee members
have discussed the financial costs associated with the operations of the City' s Park facilities ,
and
WHEREAS : After receiving actual 2004 operating costs for the Cass Park facility including
other administrative and overhead costs , a reasonable financial amount was determined that
is both fiscally responsible for the Town of Ithaca and keeping with the desire of the Town
Board to consider additional funding for 2005 , and
WHEREAS : It is the recommendation of the Town Supervisor that an additional $ 50 , 192 be
appropriated from the General Townwide Fund Balance making the Town 's total financial
responsibility to the City of Ithaca $ 100 , 192 for 2005 , and
WHEREAS : This funding is based on a 25 % usage of the 2004 Cass Park facility net
operating costs ($74 , 835) "without debt" plus an additional 2 . 75 % ($ 8 , 232) flat fee for City
Hall administration , and
WHEREAS : Funding also includes 19 . 36 % ($ 10 , 768) of the 2004 net operating costs of the
City Youth Bureau for administrative services incurred on behalf of the Cass Park facility plus
and additional 2 . 75 % ($ 1 , 185) flat fee for City Hall administration , and
WHEREAS : Additional funding for 2005 also includes 25 % ($ 5 , 172) of the 2004 net
operating costs of the City Youth Bureau Building , and therefore be it
RESOLVED : For the year 2005 this governing Town Board approves and adopts the
proposed budget amendment to increase the budget line A7320 . 401 , Cass Park facility , by
an additional $ 50 , 192 making the total 2005 budgeted amount $ 100 , 192 and authorize the
Supervisor to sign and enter into a " Memorandum of Understanding , " and be it further
RESOLVED : The Town and City of Ithaca desire to continue active discussions in the
interest of developing a mutually beneficial inter-municipal agreement wherein a "Joint
Municipal Oversight Group" will be established . It will be the responsibility of the " Oversight
Group " to assess both the operating efficiencies and future potential indebtedness of the
Cass Park facility .
MOVED : Supervisor Valentino
SECONDED : Councilwoman Gittelman
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
19
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
Agenda item No . 17 — Wage Scale Discussion (Attachment #6 — Memo from J . Drake
and Wage Scale Spreadsheet)
The Board received the 2006 wage scale in their packet . Judy Drake told the Board she and
Supervisor Valentino were proposing a flat 3 % wage except for the two classifications where
3 % would not give a 50 cent per hour increase . In those instances employees would be
given a 50 cents per hour increase .
Councilman Burbank stated that this was a different approach than used in recent years
where the Town attempted not to use a straight percentage because they didn 't want to alter
the differences between the job classifications . Mr. Burbank asked if it was Ms . Drake ' s
sense that they could use a percentage increase this year without greatly widening the gaps
between the classifications . Ms . Drake him told him that they could . Supervisor Valentino
stated that there were things they would need to look at going forward , but for 2006 the
percentage increase will work . Ms . Drake stated that there were a lot of different opinions
throughout the staff regarding percentages versus a flat dollar amount and it' s been
discussed a great deal in the personnel committee .
Mr. Stein asked what salary it was whereby a 3 % increase would be equal to 50 cents per
hour. He figured it at $ 35 , 000 . Ms . Drake stated the " I " and "J " job classifications would be
getting the 50 cents per hour increase . Mr. Stein asked what the payroll increase was going
to be and how much increase continuing workers would be getting . Ms . Drake stated she
could supply rough numbers . Looking at the current staff it would be an $ 87 , 000 increase .
Ms . Drake cautioned that this figure could change after department heads submit their
budgets . Mr. Stein asked when the Board would have that information . Ms . Drake stated it
would come to the Board for the October Budget Meeting . Mr. Stein recalled being told by
Ms . Drake that the increase could be as much as 4 % . Ms . Drake stated she would not know
for certain until she received recommendations from department heads that had just
submitted their budget requests earlier in the day. Supervisor Valentino added that
individuals who were not yet at job rate could affect that percentage because they get bigger
raises until they get to job rate .
Ms . Drake asked for Board approval of the proposed job rates so that she could take the
information back to the personnel committee . Supervisor Valentino asked if the Board felt a
basic 3 % wage increase for 2006 met with their approval . Councilwoman Gittelman asked
what the cost of living increase was . Ms . Drake told her Social Security gave a 2 . 7 for 2005 ,
but they haven 't set 2006 . The indicator for cost of living it' s just been set at 2 . 9 ; that
changes every month . There were no objections from the Board .
Agenda Item No . 18 — SEQR regarding Replacement of Play Structure at Eastern
Heights Park (Attachment #7 — SEQR, Memo from M . Smith , Aerial photographs of
playgrounds)
Councilwoman Gittelman asked why it was being moved . Mr. Noteboom told her one of the
dilemmas they have with the site is that young people use it for drinking , etc. The latest
event was that someone drove a car into the park . Mr. Noteboom would like the structure in
a place where it can be seen and not hidden down in the woods .
20
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
TB RESOLUTION NO . 2005 — 088 : SEAR : REPLACEMENT OF PLAYGROUND IN
EASTERN HEIGHTS PARK
Ms . Gittelman reported limbs down in the Eastern Heights park . Supervisor Valentino
reported having received several complaints regarding the damaged soccer net .
WHEREAS , this action is for the demolition of the existing playground and the construction of
a new playground at Eastern Heights Parks , as part of a grant from New York State Office of
Parks , Recreation and Historic Preservation , and
WHEREAS , the new playground in Eastern Heights Park will be replacing an existing
structure , but will be located in a different location within the park , and is classified as an
Unlisted Action for which the Town of Ithaca Town Board is legislatively determined to act as
Lead Agency in environmental review with respect to the relocation of the new playground ,
and
WHEREAS , the Town Board , on June 13 , 2005 , has reviewed and accepted as adequate the
Short Environmental Assessment Form , Parts I and II for this action , and
RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with the New York State Environmental Quality
Review Act for the above referenced action as proposed , and , therefore , neither a Full
Environmental Assessment Form , nor an Environmental Impact Statement will be required .
MOVED : Councilwoman Gittelman
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 19 = Consider Authorization to Apply for State of New York Grant for
Play Structure Replacement
TB RESOLUTION NO . 2005 — 089 AUTHORIZATION TO APPLY FOR PARKS
DEVELOPMENT GRANT TO REPLACE THREE PLAYGROUNDS
WHEREAS , the Town of Ithaca has playgrounds in Tareyton , Salem , and Eastern Heights
Parks that were constructed over 20 years ago , contain chromated copper arsenate (CCA)
treated wood , are not compliant with the American With Disabilities Act , and will need to be
replaced in the next several years , and
WHEREAS , the New York State Office of Parks , Recreation and Historic Preservation has
announced the availability of funding under the Environmental Protection Act of 1993 (State
Fiscal Year 2005) and Federal Land and Water Conservation Fund ( Federal Fiscal Year
21
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
2006) for Parks Development , including the replacement or rehabilitation of an obsolete or
unsafe playground , or other youth -related recreational facility , and
WHEREAS , assistance toward the cost of the projects shall not exceed 50 % of the approved
project costs , and
WHEREAS , the Town estimates a total cost up to $99 , 000 for the demolition of the existing
structures and the layout and construction of three new playgrounds at Tareyton , Salem , and
Eastern Heights Parks , outlined further in the application for these playgrounds , and
WHEREAS , grant applications are due by June 30 , 2005 , and
WHEREAS , the new playgrounds in Tareyton and Salem Parks are replacing existing
structures in the same location , and are classified as Type II Actions , while the new
playground at Eastern Heights Park will be replacing an existing structure but in a different
location within the park , and is classified as an Unlisted Action for which the Town Board ,
acting as Lead Agency in environmental review , made a negative determination of
environmental significance on June 13 , 2005 , and
THEREFORE BE IT RESOLVED , that Catherine Valentino , as supervisor of the Town of
Ithaca , is hereby authorized and directed to file an application for funds from the New York
State Office of Parks , Recreation and Historic Preservation in accordance with the provisions
of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water
Conservation Fund Act of 1965 , in an amount not to exceed $49 , 500 , and upon approval of
said request to enter into and execute a project agreement with the State for such financial
assistance to the Town of Ithaca for the replacement of three playgrounds and , if appropriate ,
a conservation easement / preservation covenant to the deed of the assisted property .
MOVED : Councilwoman Gittelman
SECONDED : Supervisor Valentino
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Supervisor Valentino asked for Board assistance in getting letters of support from residents to
accompany the grant application .
Agenda Item No . 20 — Consider Authorizing Planning Board to act as Lead Agency for
the South Hill Business Campus Rezoning
TB RESOLUTION NO , 2005-090 : Lead Agency Coordination Regarding Rezoning
Request for the South Hill Business Campus , 950 Danby Road
WHEREAS , South Hill Business Campus , LLC has submitted a request for a rezoning of a
portion of their property at 950 Danby Road from Industrial to Planned Development Zone 'IF
( PDZ) , and
22
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
WHEREAS , the Town Board referred said rezoning request to the Planning Board in TB
Resolution No . 2005-055 , and
WHEREAS , a sub-committee of the Town Board , Planning Board , and Town staff have
prepared a draft local law to amend Zoning Chapters 270 and 271 of the Town of Ithaca
Code to provide a Planned Development Zone for the South Hill Business Campus on Danby
Road owned by South Hill Business Campus , LLC , and
WHEREAS , a pre-requisite in the draft local law would be for South Hill Business Campus ,
LLC to obtain site plan approval for the site and buildings that are the subject of the local law
prior to enactment of said local law, and said site plan approval would have to be obtained
from the Town of Ithaca Planning Board , along with a recommendation from the Planning
Board to the Town Board regarding the proposed rezoning and
WHEREAS , it has been determined that the above-described rezoning and site plan approval
would be Type I actions , pursuant to 6 NYCRR Part 617 . 4 ( b) (2) (also known as the SEQRA
regulations - "the adoption of changes in the allowable uses within any zoning district,
affecting 25 or more acres") , since the current Industrial Zone portion of the site in question
consists of about 41 . 3 +/- acres proposed to be rezoned to PDZ , which would require the
establishment of a Lead Agency to coordinate the environmental review pursuant to the
SEQRA regulations , now therefore ,
BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby requests that the Town
of Ithaca Planning Board be designated as the Lead Agency to coordinate the environmental
review for the request by the South Hill Business Campus , LLC for a rezoning and site plan
approval of the property at 950 Danby Road from Industrial to Planned Development Zone .
MOVED : Councilman Lesser
SECONDED : Councilwoman Gittelman
VOTE : Supervisor Valentino , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 21 Report on Transportation Plan Public Information Meeting
Mr. Kanter reported 8 to 10 attendees in addition to Town board and committee members . It .
was a lively meeting . They went through an. overview of where the Town stands with the
plan , described the inventory and analysis section , and began to give a flavor of the types of
recommendations and strategies that the plan will be looking at . Mr. Kanter drew the Board 's
attention to the comments that were made , which included comments about the problems of
traffic volumes in neighborhoods , speeding , speed enforcement , the need for safer bicycle
and pedestrian facilities was a big emphasis of the group . A lot of what they heard was very
similar to what they heard in the town wide survey that they conducted last year. A
representative from Tcat was present at the meeting who asked that the Town keep in close
23
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
contact with them as we move forward with the plan and invited them to attend a Tcat
meeting .
Mr. Lesser added that it was pretty clear that Tcat is going to the Board in future years for
additional supplemental funding , particularly if the Town decides to emphasize areas or times
or types of service . Mr. Lesser got the indication that if the Town is willing to help pay for the
services Tcat will be willing to consider them . Mr. Lesser did not know whether or not this
would be feasible but it was clear to him that we are moving into a different era with Tcat
where we are going to have more control over services if we can raise the money to direct it.
A major way to get cars off the road is through public transportation ; it is the kind of funding
we may want to contribute to in the future . Mr. Lesser reported that Mr. Kanter had sent our
requests for proposal and they would begin interviewing consulting companies to provide
some technical assistance on parts of the plan .
Mr. Burbank followed up on concerns Ms . Grippi expressed at the meeting regarding Hyats
Road . Mr. Walker felt the Overlook development would not be putting more traffic on Hyats
Road . He felt the biggest problem was in the wintertime because the road is steep and it
does ice up pretty bad . Mr. Walker thought the interception could be squared up a bit , but it
would require taking down some mature trees on the cemetery property . Supervisor
Valentino agreed with Mr. Walker stating the traffic patterns would change significantly
because people would be going down the traffic light to get onto the highway . They felt the
development would not be increasing traffic on Hyats Road .
Mr. Kanter felt the question raised an interesting question for the traffic plan . They will be
asking the consultant to look at certain problem intersections . Hyats Road and 96 could be
one of them . There are a number of intersections in the Town that are not under Town
jurisdiction because they are state and county roads . This is particularly problematic
because it is both state and county .
Agenda Item No . 22 — Consider Adoption of Position Statement regarding Coddington
Road and Hanshaw Road
TB RESOLUTION NO. 2005 — 091 TOWN BOARD POSITION REGARDING THE
PROPOSED RECONSTRUCTION OF CODDINGTON AND HANSHAW ROADS
WHEREAS , the Tompkins County Highway Department will be reconstructing the
portions of Coddington and Hanshaw Roads that lie within the Town of Ithaca in the next few
years ; and
WHEREAS , both projects are included in the Ithaca-Tompkins County Transportation
Council ' s Transportation Improvement Program (TIP) , 2003-2006 , utilizing funds in the
Federal Surface Transportation Program (STP) ; and
WHEREAS , a County Board member requested a statement from the Ithaca Town
Board regarding this project ; and
WHEREAS , these roads are important residential roads within the Town as well as
functioning to provide access to other jurisdictions outside of the Town ; and
24
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
WHEREAS , the preliminary project description in the TIP for these roadways ,
indicated the possibility of II foot driving lanes and 5 foot paved shoulders ; and
WHEREAS , those specifications are significantly greater than the current footprint of
10 foot lanes and 3 foot gravel shoulders , and are similar to State Route 79 , a major arterial
and designated truck route with 2 . 5 times the vehicle volume of Coddington Road ; and
WHEREAS , vehicular speeding is already a well-documented safety problem on those
two roadways , while the enlargement of roadways has been well documented to lead to even
higher speeds ; and
WHEREAS , speeding vehicles will negatively impact the safety of the road shoulders
for pedestrian and bicyclist users ; and
WHEREAS , a major goal of the Federal Intermodal Surface Transportation Efficiency
Act ( ISTEA) and its grant program , which authorizes funding these projects , is to encourage
pedestrian and bicyclist usage and safety of roadways ; and
WHEREAS , the Town Board adopted a Sidewalk Policy for the Town of Ithaca on
10/23/03 , which includes criteria for adding sidewalks or walkways in both newly and
previously developed areas ; and
WHEREAS , larger road footprints increase runoff, potentially encourages more traffic, and
greatly impact the quality of life of residents and the character of the neighborhoods ; and
WHEREAS , both roadways pass by numerous historical residences ( in the case of
Coddington Road a town-funded survey identified 12 pre- 1855 homes) which are typically
placed close to the existing roadway and hence may be negatively impacted by a road
expansion , with implications for the Town and the broader community ; and
WHEREAS , residents of Coddington Road at both a neighborhood meeting and a
public meeting and in a petition submitted to this board and to the Tompkins County
Legislature registered strong opposition to the preliminary road footprint ( ie : 11 foot lanes and
5 foot shoulders) ; and
WHEREAS , the Town of Ithaca Comprehensive Plan encourages development of a
transportation system which emphasizes bicycling and walking ( III F I . ) and advises to
accomplish this goal by ensuring that roadway designs encourage compliance with posted
speed limits ( LLL F 3 . a) ; and
WHEREAS , the Town Comprehensive Plan recommends minimizing the adverse
effects on traffic on neighborhoods by limiting road widths and speeds ( III F 4 . a) and limiting
roadway improvement projects and road related land acquisition projects in historic
residential areas to those necessary to maintain road surface , safety , and efficiency; and
THEREFORE , BE IT RESOLVED , that the Town of Ithaca Town Board hereby
respectfully requests and advises the Tompkins County Legislature that the roadway
25
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
dimensions of Coddington and Hanshaw Roads be set at a maximum of 10 foot travel lanes
and a maximum of 4 foot paved shoulders , that sidewalks or walkways be included when
wanted by a majority of the adjoining residents , and that traffic calming measures be included
in the design specifications for the reconstruction of those roads .
MOVED : Councilman Engman
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried.
Agenda Item No . 23 — Consider Resolution in Support of A. 6450 and S . 3153
" Community Preservation Act" (Attachment #9 — " The Case for the Community
Preservation Act" , letter from American Farmland Trust, sample letter of support)
Supervisor Valentino explained to the Board that the resolution was in support of State
enabling legislation that would allow individual municipalities to institute a transfer tax,
passage of which would require a public referendum . Mr. Lesser felt that a transfer tax was
something that the public should be able to decide and that by supporting this the Board
would move. the process along towards giving individuals the opportunity to vote upon the
issue .
TB RESOLUTION NO, 2005- 092 : Support for Community Preservation Act (A 6450
and S . 3153 )
WHEREAS , the New York State Legislature is considering enactment of the Community
Preservation Act (CPA — A. 6450 and S . 3153) , and
WHEREAS , the CPA would enable interested town governments in New York to establish
local real estate transfer taxes to establish " community preservation funds" to generate funds
for farmland and open space preservation , and
WHEREAS , the CPA would not generate new costs to the state , nor does it require that any
community take action , and
WHEREAS , the CPA would allow interested municipal legislative bodies to organize a local
referendum on the creation of a local community preservation fund and real estate transfer
tax ( up to 2 %) , and
WHEREAS , the CPA would exempt an amount equal to the median residential sale price
from each sale to ensure that the real estate transfer tax would not create a significant
burden on the availability of affordable housing , and
WHEREAS , the importance of farmland and open space preservation in the Town of Ithaca
have been well documented in the Park , Recreation and Open Space Plan ( December 1997) ,
and
26
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
WHEREAS , the Town of Ithaca has established an Agricultural Land Preservation Program to
preserve important farmland through the voluntary acquisition of agricultural conservation
easements and is considering a similar program to preserve significant natural areas , and
WHEREAS , the Town of Ithaca has an active parks development program in the Five-Year
Capital Plan , and
WHEREAS , the local sales tax and property tax are experiencing increasing and competing
pressures for ongoing town services , and
WHEREAS , the CPA would give town governments more options for creating local land
conservation funding , now therefore ,
BE IT RESOLVED , that the Town of Ithaca Town Board hereby supports the enactment of
the Community Preservation Act by the New York State Legislature , and
BE IT FURTHER RESOLVED , that the Town of Ithaca Town Board hereby authorizes the
Town Supervisor to send a letter on behalf of the Town to the State Senator and
Assemblymember representing the Town of Ithaca urging the State Legislature to enact the
Community Preservation Act .
MOVED : Councilman Lesser
SECONDED : Councilwoman Gittelman
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 24 — Consider Award of Contract for Eastern Heights Drainage Project
(Attachment #10 — Notice of Award , Bid Sheet)
The Board received the bid tabulation in their packets .
TB RESOLUTION NO . 2005 - 093 : Authorization for Award of Contract for the Eastern
Heights Drainage Stream Bank Protection
WHEREAS , the Town of Ithaca on May 23 , 2005 received bids for the Eastern Heights
Drainage Stream Bank Protection project, and ;
WHEREAS , the Town Engineer has reviewed the bids and qualifications of the bidder
and has recommended that the low bid of $65 , 625 . 00 for the total project made by Silverline
Construction , Burdett , NY , is a qualified bid , now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the award
of the contract for the Eastern Heights Drainage Stream Bank Protection project to Silverline
Construction , subject to final approval of the contract documents by the Town Engineer and
Town Attorney , and be it further
27
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
RESOLVED , that the Town Supervisor is hereby authorized and requested to execute
such contract upon such approval ; and be it further
RESOLVED , that the Town Engineer be , and he hereby is , authorized to approve
change orders to such contract upon receipt of appropriate justification provided that the
.maximum amount of such change orders shall not in the aggregate exceed $ 5 , 000 . 00 without
prior authorization of this Board , and provided further that the total project cost , including the
contract , engineering , legal and other expenses does not exceed the maximum authorized
cost of the project .
MOVED : Councilwoman Gittelman
SECONDED : Councilman Lesser
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 25 — Report on Contract for Southern Cayuga Lake Intermunicipal
Water Commission East Hill Transmission Main Project (Attachment #11 — Bid Sheets
for East Hill Tank and East Hill Transmission Main ) )
Agenda Item No . 26 — Report on
Mr. Walker told the Board that contracting for the projects would be done by the Southern
Lake Intermunicipal Water Commission . The Board has already approved and signed an
agreement that authorizes the Commission to contract for the projects . Mr. Walker reported
to the Board that the bids came within the budget . There was only one bidder for the tank .
There are only two contractors , generally, that build the kind of tank . The one bidder was
unaware the other firm was not bidding and Mr. Walker felt it was a responsive bid .
Agenda Item No . 27 — Consider Appointment of Fire Commissioner (Attachment #12 —
Email from G . Kirkpatrick for reappointment)
TB RESOLUTION NO . 2005 - 094 : Recommendation of Appointment to Board of Fire
Commissioners .
WHEREAS , Greg Kirkpatrick' s term on the Ithaca Board of Fire Commissioners as a Town
of Ithaca representative expires on June 30 , 2005 ; and
WHEREAS , Mr. Kirkpatrick wishes to be re-appointed to the said position ; and
WHEREAS , the appointment to the said position is made by the City of Ithaca Common
Council based upon a resolution recommending appointment by the Town of Ithaca Town ,
Board ; now, therefore , be it
28
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
RESOLVED , that the governing Town Board hereby requests and recommends that the
City of Ithaca Common Council appoint Greg Kirkpatrick as a Town of Ithaca representative
on the Board of Fire Commissioners for a three-year term commencing July 1 , 2005 through
June 30 , 2008 .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion
carried .
Agenda Item No . 28 — Consent Agenda
TB RESOLUTION NO . 2005- 095 : Consent Agenda Items .
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby
approves and/or adopts the resolutions for Consent Agenda Items as presented .
MOVED : Councilman Lesser
SECONDED : Councilman Stein
VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ;
Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye. Motion
carried .
Agenda Item No . 29 — Report of Town Committees
Recreation Partnership
Supervisor Valentino reported that the Partnership has been having problems getting
quorums . To alleviate this , the group came up with four ideas . One is to allow alternates to
be appointed for all seats a municipality has rather than just one alternate per municipality.
This would mean the Town could have two . The second was to allow appointment of at large
members , which could be used to bring in experts to help increase the membership .
Supervisor Valentino was not in favor of these two ideas . The third was a quorum change to
have a quorum consist of a simple majority of filled seats rather than of the full membership .
Supervisor Valentino stated that the municipalities that did not have filled seats should be
asked to pass a resolution stating that they did not have a representative and would be willing
to yield their seat. She felt this would probably solve the quorum problem . The fourth was an
accompanying voting change requiring a vote of the appointed seats rather than the full
membership .
Councilman Burbank asked if there was not a way to set it up so that the default is that it is
incumbent upon the municipality to appoint a representative , if they fail to do so it's not
29
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
counted . Mr. Stein suggested it just be a quorum is a majority of filled seats . Supervisor
Valentino agreed to take that recommendation back to the Partnership .
The Partnership also started talking about the 2006 budget and the municipal contributions .
They talked about keeping it at the same level , which is getting hard to do because of
increased costs , and increasing it by 3 % . For some municipalities because of the formula
used to calculate contributions , they' ll still end up paying less . For the Town of Ithaca a 3 %
increase would increase our contribution by $ 1 , 524 . The group thought they would try to
encourage the County to try to get their contribution back up .
Agricultural Committee
Mr. Engman reported that Debbie Teeter had sent over the Agricultural and Farmland
Protection Board Plan Update , a County level plan that affects our Agricultural Committee at
the town level . She has passed it on for comments on the proposed plan . Mr. Engman
stated he had looked it over and found it a very good plan .
Board Policy and Protocol Committee
Ms . Drake thanked those who had commented on the draft portion of the manual .
Agenda Item No . 30 — Report of Town Officials
Director of Planning
Ms . Gittelman asked if the Ide' s development involved the Courtside building . Mr. Kanter told
her it did not.
Mr. Burbank noted that Mr. Kanter had met with Mr. Rancich regarding his proposed Sky
Gardens and asked for a quick status report of the various development proposals for that
area . Mr. Kanter told him that Conifer has submitted an emergency access plan to the State
for their senior apartment building project . If the State does not approve that they will
probably not be going much farther unless they come up with some alternate secondary
access to the site . The Drake subdivision came back to the Planning Board with a revised
sketch plan based on the current zoning . They are proposing 14 lots instead of 31 . Mr.
Rancich is still trying to look at different building layouts , architectural design , he has a way to
go before coming back to the Board . Mr. Kanter felt he was definitely interested in doing
something .
Supervisor Valentino thought the Board might be interested in periodically reviewing the PEZ
list that provides information of the projects going on throughout the Town . Board members
could get a copy of that list by emailing Chris Balestra in the Planning Department .
Director of Building and Zoning
Supervisor Valentino asked how the Town would make sure the Buddhist Temple is a
legitimate tax-exempt organization . Mr. Barney stated they would have a certificate of
incorporation under the not for profit law.
Mr. Frost told the Board his department' s revenues were quite high due , in part , to major
renovations going on at the garden apartments at Ithaca College and the permits that were
issued for Overlook at West Hill .
30
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
{ Receiver of Taxes
Councilman Lesser asked if the phone would be returning to a voice answer now that tax
collection is over. Supervisor Valentino stated staff has been working with Almode to
upgrade the phone system . There has been a favorable response to the current phone
answering and Dani Holford will be out for much of the summer so there were no immediate
plans to eliminate the current automated answering .
Agenda Item No . 31 — Review of Correspondence
Councilman Burbank was not in favor of the Association of Town ' s opposition to the proposed
amendment to the Public Officers Law in relation to electronic access to records . He felt
increased electronic access to records is a good thing . Supervisor Valentino and Ms . Hunter
will get more information from him on the issue .
Fee Problem at Cass Park
Supervisor Valentino told the Board a problem they will have to face going forward with
support of the recreation facilities is that the Town cannot make an outright contribution to
Stewart Park . A basic component of the MOU with the City regarding the recreation facilities
is the Town residents would not be charged fees greater than City residents for use of the
facilities . The City was going to institute a fee structure for non -residents higher than what
Town and City residents are paying . They have yet to do that and this something that the
Town will need to address . Mr. Barney restated the problem saying we' re spending money
with the City to get a benefit that we' re not getting because nobody else is being charged
more .
Resolution from Peter Stein
Councilman Stein asked the Board to consider making a new budget committee that would
allow the board what he felt would be a more active role in preparation of the budget. He
asked that the Board consider his resolution at their next meeting . Supervisor Valentino told
him it would be included for consideration at the next meeting .
Mr. Stein asked what the procedure was for getting a resolution before the Board . Supervisor
Valentino told him resolutions should be forwarded either to herself or the Town Clerk . They
should be submitted two week prior to the meeting date .
Agenda Item No . 32 0 Consider Executive Session to discuss possible acquisition of
real property and litigation .
On motion by Councilman Lesser , seconded by Supervisor Valentino , the Board moved into
executive session at 9 : 10 p . m .
On motion by Councilman Stein , seconded by Councilman Lesser the board returned to
regular session at 9 : 23 p . m .
31
Regular Meeting of the Ithaca Town Board — June 13 , 2005
Approved July 11, 2005
ADJOURNMENT
On motion by Councilman Lesser, seconded by Councilman Burbank , the meeting was
adjourned at 9 : 24 p . m .
Respectfully submitted ,
a, vo�' �
Tee-Ann Hunter
Town Clerk
Next regular meeting July 11 , 2005
32
TOWN OF ITHACA
TOWN BOARD
SIGWIN SHEET
DATE : Monday , June 13 , 2005
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION
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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 PULBIC HEARING : On the 13tH
day of June 2005 at 6 : 15 p . m . regarding a
Noise Permit Application submitted by the
American Cancer Society for a fund
raising event at Ithaca High School
Stadium and Track. The even , Relay for
Life , is scheduled to take place from 2 : 00
p . m . on July 8 , 2005 to 10 : 00 a . m . on July
91200158
Location of Sign Board Used for Posting : Town Clerk' s Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting : Tuesday, May 31 , 2005
Date of Publication : Thursday , June 2 , 2005
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 2nd day of June , 2005
01A6! t-
Notary Public
CARRIE WHITMORE
Notary Public , State of New York
NoTioga county 77 �UbLp.
Commission Expires December 26,2;;: .,,
1k
legals
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN '
that the Ithaca Town Board
M11 hold a public hearing
on Monday; June 13, 2005
at 6: 15 p.m. at Town Hall
215 North Tiogo Street,
Ithaca, NY regarding ' a.
Noise Permit Application
submitted by the American
Cancer Society for a fund
raising event at the Ithaca
High School Stadium and
Track. The event, Relay for
.ife, is scheduled to take
place from 2:00 p.m. on Ju-
ly % 2005. to 10:00 a.m..
on July 9, 2005.,,
At this public hearing all
persons in favor of or op
posed to the application will
be heard by the Town
Board. Individuals with visu-
al or hearing impairments or
other special needs will be
provided with assistance as
necessary upon request.
People `desiring assistance
should make a request not
less than 48 hours prior to,
the time of the public
hearing.
Date: May 31 , 2005
Tee-Ann Hunter
Town Clerk
June 2, 2005
y ': l
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 PULBIC HEARING : On the 13tH
day of June 2005 at 6 : 30 p . m . concerning a
proposed local law amending Chapter 271
of the Code of the Town of Ithaca
regarding Special Land Use District No . 5 ,
Chamber of Commerce
Location of Sign Board Used for Posting : Town Clerk's Office
215 North Tioga Street
Ithaca , NY 14850
Date of Posting . Thursday, May 12 , 2005
Date of Publication : Wednesday, June 1 , 2005
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 1St day of June , 2005
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH6052877
Commission Expires December 26, allo &�o
TOWN OF ITHACA
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN'
that a public hearing will be
held before the Town Board
of the Town of Ithaca at
215 North • Tioga Street,
Ithaca, New York, on the'
13th day of June 2005
at 6:30 p.m. local time
concerning a pproposed lo-
la
cal w amending Chapter
271 of the Code of the
Town of Ithaca regarding
Special Land Use District,
No. 5, Chamber of Cori-
merce.
At that time the Town
Board will hear any person
interested in such local law.,
' Copies of said local law are
available for review at the
Town Clerk's Office at the
above address during nor- .
mal business. hours of the
Town Clerk.
Individuals with visual or. r
hearing impairments or oth-
er special needs will be pro-
vided with assistance as
necessary, . upon Pequest.
Persons desiring assistance
must make a request to the
Town Clerk not less than 48
hours prior to the time of the
public hearing.
Date: May 12, 2005
Tee-Ann Hunter ',
Town Clerk j
6/ 1 /05
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ATTACHMENT # 1
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June 13 , 2005 Town Board Meeting ATTACHMENT # 2
O�y OF I T�
_ q9 TOWN OF ITHACA
fazi - 215 NORTH TIOGA STREET, ITHACA, N . Y. 14850
www. town . ithamny. us
TOWN CLERK'S OFFICE
PHONE (607) 273=1721 FAX (607) 273-5854
TOWN OF ITHACA NOISE PERMIT APPLICATION
NAME/ORGANIZATION : C \e;
PERSONS RESPONSIBLE FOR EVENT: 1.
ADDRESS . U5 \ S R PHONE NUMBER :
ADDRESS OF PROPOSED EVENT. ja L I rAa (
PROPERTY OWNER : AA \Q
DATE PROPERTY OWNER NOTIFIED :
TE APPROVAL OF PROPERTY OWNER GIVEN . 2 �1
E SCHEDULE OF PROPOSED EVENT: f I
ESTIMATED NUMBER OF PERSONS ATTENDING EVENT:
SIGNATURE OF PERSON RESPONSIBLE FOR EVENT. VAA
REASO S FOR SUCH I�SAGE :
Jr P 1 O
PL S AND SPECIFICATIONS OF THE USE :
�( � d
Oyf e `mn Ca \cer 'S oCle� \S m6sv OV1 .
N ISE ABATEMEN AND CONTROL METHODS TO BE USED :
INk D\
e r
c3 C LJ ow of Ithaca Noise Permit
Approved May, 00 2002
TB Resolution No. 2002-072
June 13 , 2005 Town Board Meeting _ATTACHMENT # 3 T
fi 4 IS �"✓ �� u ��� 15 ! 3 � �
❑ ❑ ❑ ❑ ❑ ❑ Town Assigned Project ID Number i `' ' `°
MAR 2 i
e f
i
Town of Ithaca Environmental Review ! ------ —�
SHORT ENVIRONMENTAL ASSESSMENT FORAS �,,,:, ; R
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County; NY ONLY---"-- -
PART 1 - PROJECT INFORMATION (To be completed by A plicant or Project Sponsor)
1. Applicant/Sponsor 2. Project Name
A9Mt0K1A1S W . C BS Qle MPlGth15 Q . CH*n&A-. OF Co/KAIMeL c
d'4 D IT10k) ancC ,2etiJO✓A7� o SLInp S � ,�
3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
y0 V, &ST Sow J2r U 1 /J y VTJb
Tax Parcel Number:
4. Is proposed action : /
NEW? EXPANSION? ✓ MODIFICATION/ALTERATION?
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items):
(Sce Cctacheol) c� w-�r. ��a to (aw a1� w ;271
No� Y: 0( " - spy 2f
CQ las:t- OZP 6nV�
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
Amount of land affected:
itiall 0-5 rs ' l . 0 Acres 6-10 rs (>10 rs) ± l . D Acres
How is land zoned presently? S U \ 4'
L J
Will proposed ction comply with existing zoning or other existing land use restrictions?
Yes NO proposed
no, describe conflict briefly:
9. Will proposed action lead to a re/9nest for new: /
Public Road? YES NO V Public Water? YES NO ✓ Public Sewer? YES NO ✓
10. What is the present land use in the vicinity of the proposed project? Residential ✓ Commercial
FlaIndustrial Agriculture Park/Forest/Open Space Other k;6aRXX —e5aq1 CPA! R.A4LW&.�)
Please Describe: (thQca. youth 60reaU is aeoatwL ccrne. r . VAI Ale/'c4'oLl (;' ✓bPe"N
-fhesfred- ani . u)Jh1A '14nnil-e , r'eSidenfial p ►1 &4 Shoe klUe _
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local?) YES V NO n
If yes, list agency name and permit/approval/funding: / 0Mt0K10`JS a0J TY LtCrISLATUG trlc" �
( see, OJ ached) v
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO
If yes, list agency name and permit/approval. Also, state whether it will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
n
Applicant/Sponsor Name (Print or Type) : n C t
Signature and Date: l7 k
Town of Ithaca Environmental Review MAR Z 1 2W5
Short Environmental Assessment Form
Tompkins County Chamber of Commerce - - --
5 . We are requesting to expand and renovate our present building at 904 East Shore
Drive. The present building is approximately 4300 square feet. We intend to build a two-
story, +/- 2,000 sq. ft. addition to the existing building and to renovate part of both the
first and second story in the existing building.
Our present building is used to house the offices of the Chamber of Commerce and
offices and a Visitors Center for the Ithaca/Tompkins County Convention and Visitors
Bureau (CVB), which is a division of the Chamber. The expansion will house additional
bathrooms for visitors, offices for CVB staff, a meeting room, and storage space. The
current Visitors Center will be renovated and the current meeting space on the second
floor will become offices for Chamber staff.
8 . We are requesting an amendment to Special Land Use District No . 5 (now called
Planned Development Zone (PDZ) No . 5 to increase the number of persons permitted to
be employed in the Chamber of Commerce building at any one time from 10 to 20.
IL The Chamber of Commerce has a contract with Tompkins County to operate the
Ithaca/Tompkins County Convention and Visitors Bureau. We receive monies from
room tax funds. Some of those monies pay for CVB staff salaries, administrative costs,
and space rental in the building. We do not anticipate receiving specific funding for the
building addition from the County.
We have had a contract with the County to operate the CVB for almost 20 years and the
current contract was just renewed for 5 years (2005 -2009).
ART II - ENVIRONMENTAL ASSESSMENT To be completed by the Town ; Use attachments as necessary)
Does proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law?
YES NO X If yes, coordinate the review process and use the full EAF.
Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any,
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and
disposal, potential for erosion, drainage or flooding problems? Explain briefly:
See attached.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly :
See attached.
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
Threatened or endangered species? Explain briefly:
See attached.
C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other Natural
resources? Explain briefly :
See attached.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly:
See attached.
C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly :
See attached.
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly :
See attached.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly : See Attached.
E. Comments of staff _X , CB., other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i .e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed
directly to the full EAF and/or prepare a positive declaration.
_X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the
proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the
reasons supporting this determination.
Town of Ithaca Town Board /
Name of Lead Agency Pr rer' s Signature(If different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
C00010 0 V�4t DATE: ,c , 3 rj
nature of Responsible Officer in Lead Agency
PART II - Environmental Assessment — Chamber of Commerce — Amendment of Planned Development
Zone No . 5 , 904 East Shore Drive (Town of Ithaca Tax Parcel No . 18-2- 10)
A. Action is Unlisted
B . Action will not receive coordinated review
C . Could action result in any adverse effects on, to or arising from the following
Cl . Existing air quality, surface or groundwater quality or quantity, noise levels, existing
traffic patterns, solid waste production or disposal , potential for erosion, drainage or flooding problems?
No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise
levels, traffic, solid waste, or potential for erosion or flooding as a result of the proposed action .
This proposed action includes a request to the Town Board to amend the Special Land Use District
(PDZ) No . 5 to increase the number of persons employed in the building at any one time from 10 to
20 at the Tompkins County Chamber of Commerce located at 904 East Shore Drive, Tax Parcel No .
18-2- 10, Planned Development Zone (PDZ) No . 5 . The Planning Board also recently granted
Preliminary and Final Site Plan Approval for the proposed addition and renovations at the Chamber
of Commerce building, which would include a two-story, +/-2,000 square foot addition on the north
side of the existing building for new bathrooms, office space, storage, and meeting space . The
zoning amendment is being addressed by the Town Board as a separate Unlisted action under
SEQRA .
The amount of additional impervious surface proposed to added to the site in conjunction with the
addition is negligible . The Town Engineer has determined that no additional on-site retention is
necessary. Gutters and downspouts are proposed for the addition and are shown on the Site Plan .
Surface runoff tends to drain toward Cayuga Lake over the existing lawn, although the site is relatively
level . There will be some site grading associated with construction of the addition. Approximately 74
cu . yds. of fill will be placed at the location of the addition. Because of the small scale of the project, it
is anticipated that surface runoff flow will be able to be accommodated without significant impacts.
The existing parking lot has a single entrance on East Shore Drive at the southern end of the site, and
currently contains approximately 28 parking spaces. The size of the parking lot will remain the same,
but will be re-striped to allow for 32 standard parking spaces (9' X 20 ' ), including two spaces for the
disabled, and two RV spaces. The proposed addition is not anticipated to add new employees, but does
have some potential to increase the number of visitors or attendees at meetings. The Chamber is
planning on adding one new staff member over the next two years. The Chamber of Commerce
currently has 9 full-time and 3 part-time employees. A parking study was conducted by the Chamber of
Commerce between June 16`h and August 291h, 2003 , as described in their cover letter, dated March 17,
2005 , indicating that the number of cars parked in the lot typically range between one and 19, with only
5 times exceeding 15 vehicles. Most meetings have about 10 to 12 attendees . The addition is not
anticipated to generate additional traffic or parking needs. The zoning amendment would allow ten
additional employees to be added in the building at any one time, but this will be done over a period of
years, and the parking study demonstrates that the existing parking area is sufficient to accommodate the
allowed increase in number of employees. Therefore, traffic impacts on the surrounding roads will be
minimal , and it appears that the re-designed parking layout will be adequate .
C2 . Aesthetic, agricultural, archeological, historic, or other natural or cultural resources or
community or neighborhood character?
None anticipated . No aesthetic, archeological, or other unique natural resources are known to exist on
the site, or are expected to otherwise be affected by the proposed subdivision. The adjacent areas along
East Shore Drive primarily consist of the Ithaca Youth Bureau building to the south, the railroad and
Lake to the west, a single-family house to the north, and several houses on the east side of East Shore
Drive . The addition will be designed to reflect the current building design, which includes wood siding,
with dark gray asphalt shingles on the roof. The site is adequately screened from nearby houses, and the
building has a small-scale, unobtrusive character. The zoning amendment itself will not result in any
impacts to the surrounding neighborhood.
C3 . Vegetation or fauna, fish, shellfish or wildlife species significant habitats or threatened
or endangered species?
None anticipated. No unique vegetation or wildlife habitats or threatened or endangered species are
known to exist on this site .
C4 . A communi 's existing plans or goals as officially adopted, or a change in use or
intensity of use of land or other natural resources?
None anticipated . The site is designated in the Town of Ithaca Comprehensive Plan as "Suburban
Residential ." There are very few residentially developed lots in this area, and the site is adjacent to the
Ithaca Youth Bureau building, which is similar in character to the Chamber of Commerce building. The
proposed zoning amendment would permit an increase in the number of persons employed in the
building at any one time, but this is not a significant increase, and associated impacts are minimal .
C5 . Growth, subsequent d_ evelopment, or related activities likely to be induced by the
proposed action?
None anticipated . The proposed addition is not expected to significantly increase the number of people
using the building. The zoning amendment will allow ten additional employees to occupy the building
at any one time, which is not a significant increase .
C6 . Long term , short term , cumulative or other effects not identified in C 1 -05 ?
None anticipated .
C7 . Other impacts (including changes in use of either quantily or type of energy)?
None anticipated.
D . Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
No controversy related to potential adverse environmental impacts is anticipated.
2
PART III - Staff Recommendation, Determination of Significance
Based on review of the materials submitted for the proposed action, the proposed scale of it, and the
information above, a negative determination of environmental significance is recommended for the
action as proposed.
Lead Agency: Town of Ithaca Town Board
Reviewer: Jonathan Kanter, Director of Planning
Review Date : June 13 , 2005
3
June 13 , 2005 Town Board Meeting ATTACHMENT # 4
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Xi KXX
Townof - - - - - - - - - -ITIIACA- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
X
Local Law No- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the year 20- 05
A local law _ AMENDING_ _ CHAPTER - 271_ _ _( ZONING a SPECIAL LAND USE DISTRICTS )
(Insert Title)
OF THE TOWN OF ITHACA CODE REGARDING SPECIAL LAND USE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DISTRICT NO , 5 _ _ CHAMBER OF COMMERCE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - -
TOWN BOARD
Be it enacted by the - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - of the
yy ��yy (Name of Legislative Body)
' 11`f'�
)0X ITHACA _ _ _ _ _ _ _ as folflows .
Town
xof - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - -
1
SEE ATTACHED PAGE ( 1 )
(If additional space is needed , attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) � 1 )
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
4
�nereby certify that the local law .annexed hereto, designated as local law No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6_ _ _ _ _ _ 05
of the W0)J X)( (Town)(M of - - - - - XTHAGA_ _ _ _ _ _ _ _ _ - was duly passed by the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on --JUBE- - - .3_ _ - 20 05 in accordance with the applicable provisions of law.
(Name of Legislative Body) PP P
2. (Passage by local legislative body with approval, no-disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - _ _ _ _ _ - - - - - - - - - - - - - - of 20- - - - - -
of the (County)(City)(Town) (Village) of - - -- - - - - - - - - - - - _ - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - -- - - _ _ - - - - - was duly passed by the
-
- - - - - - - - - - - - - - - - - - - - - - - - - - on - 20 - - - , and was (approved)(not approved)(repassed after
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - -
(Name of Legislative Body)
disapproval) by the _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_
(Elective Chief Executive Officer") - --
in accordance with the applicable provisions of law.
3. (Final adoption by referendum .)
`'Jereby certify that the local law annexed hereto, designated as local law No . . . . _ - -- - - -- -- _ _ _ _ _ _ _ _ -_ _ of 20- - -
- - - - - - - - - - -
ihe (County)(City)(Town) (Village) of _ _ _ _ _ _ _ __ _ _ - - - - - - - --- - - - - - - - - - - - - - - _ _ _ was duly passed by t
- - - - - - - - - - - - - - -
i- " "- - ` - " ' - - - - " - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - 20- - - _ , and was (approved) (not approved)(repassed after
we of Legislative Body)
aisapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on- - - - - -- - - - - - - - - - - - - 20 Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 _ __ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - -
of the (County)(City)(Town) (Village) of - - - - - - - - - - - - - - - - - _ - - - - - - - -- - - - _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - was duly passed by the
- - - - - " " - - " " - - " - - ` - - 20_ _ _ _ , and was (approved)(not 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 _ _ __ _ _ _ _ _ _ _ _ _
accordance with the applicable provisions of law. - 2(1 - - - , in
, ective Chief Executive Officer means or includes the chief executive officer of a county elected on a county.
.de basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances .
(2)
. (City Vocal law concerning Charter revision proposed by petition.)
�reby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 20- -- - - -
tihe City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of
eon (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 - - - -
u.;came operative .
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 20- - - - - -
of the County of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of New York , having been submitted to the electors
at the General Election of November _ _ _ - - - - - - - - - - - - - - _ _ - - - 20- _ - - , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative .
(If any other authorized form of final adoption has been followed , please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph- - - - - 1 - - - _ _ , above.
Clerk of the County legislative body, City, Town or Village Clerk
or officer designated by local legislative body
;eal) Date : 1
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPK INS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law an a ereto .
C 6401 -_ -
Signature
A tor for the Town
Title
C-crattty
of Ithaca
Town
Date : 7 / 15 / 05
(3)
TOWN OF ITHACA
LOCAL LAW NO . 6 OF THE YEAR 2005
A LOCAL LAW AMENDING CHAPTER 271 (ZONING : SPECIAL LAND USE DISTRICTS)
OF THE TOWN OF ITHACA CODE REGARDING SPECIAL LAND USE DISTRICT NO . 5 ,
CHAMBER OF COMMERCE
Be it enacted by the Town :Board of the Town of Ithaca as follows :
Section 1 . Section 271 -7(F)(2) of Chapter 271 -7 of the Town of Ithaca Code, which
established Special Land Use District No . 5 (Limited Mixed Use, Chamber of Commerce), is
amended by changing the number " 10" to "20" so that Section 271 -7(F)(2) reads as follows :
"(2) Once constructed, any building on the premises shall have no more than 20
persons employed in the building at any one time. "
Section 2 . 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.
1
Section 3 . This local law shall take effect upon publication of the local law or an
j abstract of same in the official newspaper of the Town, or upon its filing with the New York
Secretary of State, whichever is the last to occur.
1
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June 13 , 2005 Town Board Meeting ATTACHMENT # 6
�
OF 1 T,�
9a TOWN OF ITHACA A��
215 N . Tioga Street, Ithaca, N. Y . 14850
www . town . ithaca . ny . us
TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783
PUBLIC WORKS FACILITY (Roads, Parks, Trails, Water & Sewer) 273- 1656
FAX (607) 273- 1704 or (607) 273-5854
MEMORANDUM
TO : Town Board Members
FROM : Judith C . Drake, PHR, Human Resources Manager
DATE : June 7 , 2005
SUBJECT : 2006 Wage Scale —Draft
Attached is a draft of the Proposed Salary Scale for 2006 . It is on the agenda for June for discussion only. In
0 so you w ill be asked to set the Wage Scale for 2006 for budgeting. The Personnel Committee has reviewed the
osal and has referred it on to the Town Board for discussion and feedback .
proposed increase is a 3 % across the board, including for those beyond Job Rate. The proposed increase
includes a minimum hourly wage increase of $0 . 50, as the last 2 classes were just a few cents below the
$0. 50 .
The only change to this system from the current system is in classifications Q, R and S . The change is that an
hourly wage has been established and then the salary was calculated, just like the other classifications . The issue
being addressed is that under the current system the hourly wage changes depending on if the position is a 37 . 5
hours per week full time position or a 40 hour a week full time position . Currently both positions in a
classification would make the same salary, but their base hours and hourly wage would be different.
This proposal is a modest proposal that equates to an estimated $ 87 , 800 increase in salary budget, which is much
less than previous years . This proposal doesn ' t reflect any changes in staffing that may come up during the
budget process .
Please call me if you have questions , as I would be happy to discuss this with you .
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June 13 , 2005 Town Board Meeting ATTACHMENT # 7
PROJECT ID NUMBER 617.20 SEQR
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
ART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)
1 . APPLICANT / SPONSOR 2. PROJECT NAME
Town of Ithaca Playground Replacement at Eastern Heights Park
3.PROJECT LOCATION :
Town of Ithaca Tompkins
Municipality County
4. PRECISE LOCATION : Street Addess and Road Intersections , Prominent landmarks etc - or provide map
Eastern Heights Park is located off Sky Vue Road and Tudor Roads
Town of Ithaca Tax Parcel No.'s 57-2- 1 . 1 and 57-2- 1 . 2
5. IS PROPOSED ACTION : New ❑ Expansion ❑ Modification / alteration
6. DESCRIBE PROJECT BRIEFLY:
The project involves the replacement of the old play structure at Eastern Heights Park with a new, safer, American With
Disabilities Act compliant structure. The old structure will be completely removed and replaced with a similar sized
structure, but moved to another location in the park. The new location is in an existing grassed area which is adjacent to
the parking area off Tudor Road . The new location is flatter and less isolated than the existing site.
The Town is applying for funding from NYS Office of Parks, Recreation and Historic Preservation to replace the play
structure with a 50% local share required .
AMOUNT OF LAND AFFECTED:
Initially < 0 .5 acres Ultimately < 0 . 5 acres
WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
✓❑ Yes ❑ No If no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
❑✓ Residential ❑ Industrial Commercial Agriculture ❑ Park / Forest / Open Space ❑ Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
Yes El If yes, list agency name and permit / approval:
Possible grant funding from NYS Office of Parks , Recreation and Historic Preservation for construction of playground
11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
F1Yes RNo If yes, list agency name and permit / approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION?
❑Yes ✓0 No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
JApplicant / Sponsor Name Date:
Signature__ r %� G� d 1710 S
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
tDoes proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law?
S NO X If es, coordinate the review rocess and use the full EAF.
ll proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any,
C. Could proposed action result in any adverse effects associated with the following:
(Answers may be handwritten, if legible)
C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None Anticipated. The project involves the replacement of the old playground at Eastern Heights Park. The new structure
will be moved to a different location in the park.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly :
None Anticipated.
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly :
None Anticipated. The new structure will be moved to an existing open lawn area within Eastern Heights Park.
C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly :
None Anticipated.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly:
None Anticipated.
6. Long term, short term, cumulative, or other effects not identified in Cl -05? Explain briefly:
None Anticipated,
7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None Anticipated,
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly:
E. Comments of staff , CB , other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i .e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination .
Town of Ithaca Town Board
Name of Lead Agency PrepareCs ignature(If different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
(-� ' V�C �� DATE : G. I rJ "
nature of Responsible Officer in Lead Agency
0F' jr June 13 , 2005 Town Board Meeting ATTACHMENT # 10
TOWN OF ITHACA
215 N . Tioga Street , Ithaca , N . Y . 14850
www.town. 1thaca.ny.us
TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water&Sewer) 273-1656 ENGINEERING 273-1747
PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-1704
NOTICE OF AWARD
Dated June 13 , 2005
TO : Silverline Construction
( BIDDER)
ADDRESS : 4299 Newtown Rd
Burdett, NY 14818
PROJECT : Eastern Heights Drainage
CONTRACT FOR : Eastern Heights Drainage
You are notified that your Bid dated May 23 , 2005 for the above Contract has
been considered .
You are the apparent successful Bidder and have been awarded a contract for
Sixty-five thousand six hundred and twenty-five dollars and zero cents
The Contract Price of your contract is : sixty five thousand six hundred and
twenty-five dollars and zero cents .
($ 65 , 625 . 00) .
Three copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award . Three sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of
the date of the Notice of Award , that is by July 5 , 2005 .
1 . You must deliver to the OWNER three fully executed counterparts
of the Agreement including all the Contract Documents . This
includes the triplicate sets of Drawings . Each of the Contract
Documents must bear your signature on the cover page .
2 . You must deliver with the executed Agreement the Contract
Security ( Bonds) as specified in the Instructions to Bidders
(paragraph 17) , General Conditions (paragraph 5 . 1 ) and
Supplementary Conditions ( paragraph SC-5 . 1 ) .
NOA- 1
Failure to comply with these conditions within the Times specified will entitle
OWNER to consider your Bid abandoned , annul this
Notice of Award and to declare your Bid Security forfeited .
Within ten days after you comply with those conditions , OWNER will return to
you one fully signed counterpart of Agreement with the Contract Documents
attached .
Town of Ithaca
(OWNER)
BY
(AUTHORIZED SIGNATURE )
Catherine Valentino
Town of Ithaca Supervisor
Copy to ENGINEER
( Use Certified Mail , Return Receipt Requested)
NOA-2
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June 13 , 2005 Town Board Meeting Page 1 of 1
ATTACHMENT # 12
Cathy
From : Greg Kirkpatrick [greg . kirkpatrick @crwilsonengineering .com]
Sent: Wednesday, May 18 , 2005 4:47 PM
To : Cathy
Cc : 'Carolyn Peterson '
Subject: Ithaca Board of Fire Commissioners - Request for Reappointment
Gregory Kirkpatrick
403 Teton Ct.
Ithaca, New York
May 18 , 2005
Ms . Catherine Valentino
Supervisor, Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
RE: Reappointment to the Board of Fire Commissioners
Dear Ms . Valentino,
I would like to submit myself for reappointment to the Board of Fire Commissioners , as a representative
of the Town of Ithaca.
My second term of service will expire in June .
I look forward to continuing my service on the Board.
Thank you for your consideration .
Gregory R . Kirkpatrick.
5/ 19/2005
TOWN CLERK' S MONTHLY REPORT ATTACHMENT # 13
TOWN OF ITHACA, NEW YORK June 13 , 2005 Town Board Meeting MAY, 2005
HE SUPERVISOR: PAGE 1
ant 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
a ayment of which are otherwise providded' for by Law:
Aa !VS� Tom ' � w, L� L c < VEC rJ� 9'
A1255
13 MARRIAGE LICENSES NO, 05021 TO 05033 227 . 50
4 MISC . COPIES 9.40
2 ZONING ORDINANCE 26. 64
1 TAX SEARCH 5 . 00
1 RETURNED CHECK - CLERK 5 .00
1 ZONING MAP 1 .00
4 USE OF PARKS & BLDG 345 .00
4 MARRIAGE TRANSCRIPT 40 . 00 15j „ "q, 5
TOTAL TOWN CLERK FEES 9 A
A1556
1 SPCA CONTRACT 60.00
TOTAL A1556 60.00
A2544
DOG LICENSES 545 .95
TOTAL A2544 545.95
(f AfSF CW CSC epa ( d I L + so& C) U�
22 BUILDING PERMIT 23 ,780. 00
1 BUILDING PERMIT EXTENSIN 200. 00
5 CERTIFICATE OF OCCUPANCY 450 . 00
2 FIRE SAFETY INSPECTIONS 210 . 00
1 SIGN PERMITS 164.00
3 ZONING BOARD MTG 300.00
1 OPERATING PERMIT 300.00 2 (Q
TOTAL B2110
B2115
1 SUBDV. REV. FINAL PLAT 100 .00
1 SITE PLAN INIT. APL. FEE 100.00
2 SITE PLAN FINAL PLAN 600.00
1 ASS. MTG. FEE P.H. PROCE 50 .00
TOTAL B2115 850.00
TOWN CLERK' S MONTHLY REPORT
MAY, 2005
!ati .e 2
�i
DISBURSEMENTS
PAID TO SUPERVISOR FOR GENERAL FUND —1- 6549 f .
PAID TO SUPERVISOR FOR PART TOWN FUND 16, .o� ��r/ /�• �
PAID TO COUNTY TREASURER FOR DOG LICENSES 103 .05
PAID TO AG & MARKETS FOR DOG LICENSES 21 .00
PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 292 . 50
TOTAL DISBURSEMENTS .Zf936 9 --
N try i aqt UCe
i
JUNE 1 , 2005 (yJ�% % 2C,,,t lam- z 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 � 4�1 - a
Town Clerk
day of 200S
Notary Public
i 1) CARRIE WHITMORE
Notary Public, State of New York
No. 01 WH6052877
Tioga County a
CommlSSIon Expires December 26,
TOWN OF ITHACA
Public Works Department' s Monthly Board Report
May 2005 for the June 13, 2005 Meeting
Water and Sewer
The Town crews continued the routine of marking out Town sewer lines for Dig Safely New
York, which is a daily effort. Our crews installed a backyard drain on Bundy Road to drain a
wet spot that was caused by our sewer line .
We also continued our inspections on Schickel Road for the project to install water and sewer in
that area. The Overlook project has started and we have begun our inspections on that project
too .
In May, our crews have repaired manholes, water valves, and vacuumed out water valve boxes .
We did have one water break to repair in May. We also continued working on lawn repairs and
landscape restorations due to water main breaks and have replaced plantings that died during
the winter months. We did landscaping restorations on Troy Road due to a sewer extension in
that area.
I e inspected the pump station, which we have been able to get on a routine basis now.
e have begun painting fire hydrants throughout Town — this will continue throughout the
summer.
Parks and Trails
Our crews continued to get our Town parks and trails in shape for the summer after the long
winter. As the grass started to grow faster in May, we moved into our parks and trails mowing
and grounds maintenance operations. Routine site checks were done at all sites, as well as the
cleaning up of the gardens at Town Hall, Public Works Facility, and at Town borders signs .
Several dangerous trees were removed from Salem Park, and trmi
imng of limbs along the new
Westhaven Park trail was accomplished, as was tree trimming at many other sites.
The layout of the William and Hannah Pew Trail has been done. We installed some culvert
pipes and worked on the parking lot for that trail, hoping to dry out the site .
At Tutelo Park, we applied more topsoil and spot seeded bare spots in the ball field . We have
started grading for the bike trail, along with putting in the piping for the plumbing at the
mfort station there.
The South Hill Recreation was prepared for the Finger Lakes Runners Club Rec . Way 5 and 10 K
race that was run on Saturday, May 28th. Everything went as planned and they were very
considerate of the trail.
The area for a new pavilion at the Coddington Road Community Center was cleared in May,
and an access road was put down so that construction can begin on the pavilion. The road will
be re-seeded after construction is complete . It will also serve as overflow parking for the
Center.
Roads
We have completed lawn repairs for problems created this winter by the snowplows.
We continued our preventative maintenance program on the road signs. As part of this, we
inventoried all the road signs on Town roads and are now computerizing them. There are over
1,500 signs on town roads . We also continued working on painting crosswalks and stop bars on
several Town roads.
Miscellaneous " odd jobs" included minor repairs to various catch basins, putting out traffic
counters, and taking voting machines to area schools for the Ithaca City School Board elections .
We completed a project on Maple Avenue in which we dug out a grassy area between the
pavement and sidewalk and installed cobbles to hopefully keep cars from tearing up the
separation strip .
We started working on the scheduled paving project on Seven Mile Drive . We took out a tree
and stabilized a streambed that, in heavy rains, was gouging out the banks and plugging the
pipe, leading to over flowing the road . We will continue to work on the drainage and ready the
road for paving.
We continued to assist our neighboring entities, including NYSDOT, Town of Danby, Town of
Ulysses, and Town of Newfield .
Projects to be worked on in June:
1 , Seven Mile Drive paving project
2. Tutelo Park construction
3 . William and Hannah Pew Trail construction
4. Water and Sewer Maintenance and DSNY mark outs
50 Plantings for water breaks, Public Works Facility, and the Welcome Sign at Route 96B
6. Preparation for summer youth employment program
7. Salem Drive paving project
ghk
Town Engineer' s Report for 6/13/2005
Town Board Meeting
GENERAL
Pre-Disaster Hazard Mitigation Plan
Comments from FEMA are pending.
EARTH FILL PERMITS
No fill permits were issued in May
WATER PROJECTS
SCLIWC Office Addition
The Phase II renovation of the existing office space is proceeding with punch List items .
East Hill Transmission Main and Storage Tank
Final details for the site easement are proceeding with Cornell University. The Projects were bid with bids
opened on June 2, 2005 . Responsive buds were received and recommendations for award will be presented
to the Board on June 13 , 2005 .
Kings Way Water Improvement
Construction is scheduled to start the week of June 13th
SEWER PROJECTS
South woods Subdivision Force Main
The Developer has completed the installation of the sewer system for phase II of the development and the
pump station and force main are operational . Final transfer of the property to the Town is pending.
Danby Road Sewer Extension to Schickel Road
To provide sewer service to the Westview Subdivision the developer has completed construction of the
sanitary sewer on the east side of Danby Road to Schickel Road and then up Schickel road to the new
subdivision.
IAWWTF Phosphorus Removal Project
Concrete work is proceeding with construction of the tank and superstructure . Change orders are being
prepared to cover the extra work required by the change in design for the pile foundation.
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 have been finalized and construction is underway.
TOWN ENGINEERS REPORT 5/9/2005
STORM WATER MANAGEMENT
The Annual report for the Town Storm Water Management Plan has been completed and is available for
comments . Staff is continuing to work on the elements of the plan.
Northeast
Development of the drainage plan is in progress with an initial concentration of the Salem Drive area and the
Hanshaw Road drainage system. Drainage improvements will be coordinated with the County plan for
reconstruction of Hanshaw Road.
The Town Engineer' s staff is working with the Public Works to develop a plan to relieve drainage problems in
the Uptown Road and Lexington Road area. The problem area is located on the boundaries between the Town
of Ithaca, the Village of Cayuga Heights and the Village of Lansing, and will require a cooperative effort.
Survey work has been completed and a design is being developed.
DEVELOPMENT REVIEW
LINDERMAN CREEK PHASE THREE
Linderman Creek Phase Three is substantially complete . The emergency access that was to be abandone
may now be required for the proposed Conifer Village senior apartment project.
CAYUGA MEDICAL CENTER
Engineering staff is monitoring the sediment and erosion control practices .
WEIDERMEIR SUBDIVISION
Sediment and erosion controls are being monitored.
SOUTHWOODS
Construction of phase I1 improvements is substantially complete. Construction of several homes is
underway. The developer is working on final stabilization and restoration of the road cuts and drainage
system.
WESTVIEW SUBDIVISION
Construction of Phase I of the roads and utilities is proceeding. Sanitary sewer construction includes the
Danby Road extension and sewer on Schickel Road. The Engineering staff is monitoring the sediment and
erosion control program for the site, which is currently in compliance with the sediment and erosion control
plan and general permit from DEC .
OVERLOOK ON THE WEST HILL
Site work is underway with the detention pond substantially complete and the utilities under construction.
Engineering staff is monitoring the site sediment and erosion control measures.
Town Engineer's Report June 13, 2005
Daniel R. Walker Page 2 6/7/2005
fly OF I r
�9 TOWN OF IT HACA PLANNING DEPARTMENT
ie zi - 215 NORTH TIOGA STREET, ITHACA, N. Y. 14850
Jonathan Kanter, A.I.C.P. (607) 273-1747
Director of Planning FAX (607) 273-1704
Planning Director ' s Report for June 13 , 2005 Town Board Meeting
DEVELOPMENT REVIEW
May 3 , 2005 Meeting :
Lucente Lot Line Modification, 400 and 402 Warren Road : The Planning Board granted
Preliminary and Final Subdivision Approval for the proposed subdivision and consolidation of two
narrow strips of land along the boundary line between 400 (Town of Ithaca Tax Parcel No . 71 - 1 -
39 . 2) and 402 (Town of Ithaca Tax Parcel No . 71 - 1 -39 . 3) Warren Road, Medium Density
Residential Zone . The proposal will result in the exchange of small pieces of land between these
two parcels . Stephen P. Lucente, Owner/Applicant.
Clavel Subdivision Buffer Modification, 175 East King Road : The Planning Board granted the
requested modification from the Chase Farm Subdivision vegetative buffer requirement for the
parcel located at 175 East King Road, Town of Ithaca Tax Parcel No . 454 -23 , Medium Density
Residential Zone. The proposal includes construction of a new house located 8 feet into the
required 30-foot vegetative buffer along the west property line . Thomas Clavel, Owner/Applicant.
Sketch Plan Review — Revised Drake 14-Lot Subdivision, Mecklenburg Road : The Planning
Board considered a revised Sketch Plan for the proposed 14-lot subdivision located on Mecklenburg
Road (NYS Route 79) to the east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No . 27- 1 -
15 .2, Agricultural Zone . The proposal includes the construction of a new cul-de-sac road off
Mecklenburg Road for the development of 12 residential lots and one +/- 2-acre parcel reserved for
open space. Approximately 62 acres of the original +/- 92 .43 -acre parcel will remain available for
agriculture . An earlier sketch plan had been reviewed in 2004 proposing 29 new building lots under
the old zoning. Robert Drake, Owner/Applicant; Lawrence P . Fabbroni, P .E. , L. S . , Agent.
Ithaca Estates Park Site, East King Road : The Planning Board discussed their site visit of April
14, 2005 to the proposed Ithaca Estates park area. The consensus of the Planning Board was that
the proposed park site is inappropriate in regard to its isolated location, distance from the proposed
Phase III subdivision, and the environmental characteristics of the site, and asked the applicant to
come in with a different proposal for a suitable park area.
May 17, 2005 Meeting:
Iacovelli 2-Lot Subdivision, 925 Coddington Road : The Planning Board granted Preliminary and
Final Subdivision Approval for the proposed 2-lot subdivision located at 925 Coddington Road,
Town of Ithaca Tax Parcel No . 47-2-5 , Low Density Residential Zone and Conservation District.
The proposal involves subdividing the +/-8 . 01 acre parcel into one +/- 1 . 04-acre parcel (containing
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the existing residence) and one +/- 6 . 97-acre parcel . Thomas H. Farrell, Owner; Orlando Iacovelli,
Applicant/Agent,
EcoVillage Bus Shelter, Mecklenburg Road : The Planning Board granted Preliminary and Final
Site Plan Approval for the proposed construction of a +/- 144 square foot bus shelter at the entrance
to EcoVillage at Ithaca located at the southwest corner of Rachel Carson Way and Mecklenburg
Road (NYS Route 79), Town of Ithaca Tax Parcel No . 28 - 1 -26 .22, Planned Development Zone No .
8 . EcoVillage at Ithaca, Owner/Applicant, Francis Vanek, Agent.
Sketch Plan — Namgyal Monastery, Danby Road : The Planning Board considered a sketch plan
for the proposed Namgyal Monastery development located on the east side of Danby Road (NYS
Route 96B) across from Sesame Street, Town of Ithaca Tax Parcel No . 43 -2- 10, Medium Density
Residential Zone. The proposal includes the construction of multiple buildings (shrine, common
rooms, housing, monk ' s quarters, etc.) on the property totaling approximately 13 , 000 square feet, to
house the local Namgyal Monastery branch in Ithaca. The plans also include parking for up to 66
vehicles, seasonal cabins and bathhouse, a maintenance building, and stormwater facilities .
Namgyal Monastery Institute of Buddhist Studies, Owner/Applicant.
Bolton Point Water Tank, Hungerford Hill Road : The Planning Board heard an informational
presentation by Director of Engineering Dan Walker regarding the proposed Bolton Point Water
Tank to be located off of Hungerford Hill Road.
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following have been accomplished over the past month.
SEQR Reviews for Zoning Board : Four SEQR reviews for the Zoning Board were done since the
May report : ( 1 ) request for variances to enlarge a non-conforming building, located at 935
Taughannock Boulevard, Lakefront Residential Zone, Paul and Pamela Fairbanks, Appellants; (2)
request for a variance to omit the required sprinkler system from the Tutelo Park comfort station
and pavilion, located at 151 Bostwick Road, Low Density Residential Zone, Town of Ithaca,
Appellant; (3 ) request for approval and variances to create a second dwelling unit above a garage,
located at 228 Forest Home Drive, Medium Density Residential Zone, John Foote, Appellant; and
(4) request for a height variance to construct a residence with a height of 40 feet (maximum 36 feet
permitted), located at 104 Southwoods Drive, Low Density Residential Zone, Ben F . Craig,
Appellant.
Codes and Ordinances Committee (COQ : The Committee met on May 18 , 2005 . Agenda items
included continuation of review of the proposed draft Outdoor Lighting Ordinance, and discussion
regarding the Conservation Board ' s recommendation for the Coy Glen Conservation Zone . The
next COC meeting is scheduled for June 15 , 2005 , which will tentatively include continuation of
review of draft Outdoor Lighting Ordinance, continuation of consideration of Conservation Board
recommendation regarding the proposed Coy Glen Conservation Zone, discussion of additional
Agriculture Committee comments regarding proposed zoning amendments relating to certain
agricultural activities, and report on Conservation Board and Agriculture comments regarding the
draft Stream Setback Law.
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Transportation Committee : The Committee met on May 19th and June 2nd, 2005 to discuss the draft
Inventory and Analysis section of the Plan, a preliminary draft of a pedestrian path and connections
map (as requested by the Town Board and to be included in the Transportation Plan), status of
responses to the Request for Qualifications (RFQ) for a consultant to assist with the preparation of
the Plan, and arrangements for the second public information meeting regarding the Plan (scheduled
for Thursday, June 9, 2005 at 5 : 30 p .m.) .
Seven consultant responses to the RFQ were received, which were reviewed by a sub-committee.
Three of the consultants appear to stand out above the rest. They will be contacted and invited to
interviews to better determine their qualifications and ability to perform the desired work. It is
anticipated that a consultant will be selected by the Transportation Committee, subject to
confirmation by the Town Board at the July meeting.
Preparation for the June 9th public information meeting on the Transportation Plan include
distribution of a press release and community announcement to media and community
organizations, posting of the notice and Inventory & Analysis sections on the Town website, and
preparation of a PowerPoint presentation. A verbal report on the results of the public meeting will
be provided to the Town Board at the June 13th meeting .
ITCTC Policy Committee : A joint meeting of the Policy and Planning Committees is scheduled for
June 21 , 2005 ,
Conservation Board : The Board met on May 5 , 2005 . Discussion items included reports of the
various committees, discussion regarding the proposed stream setback law, and discussion of plans
for presenting the annual Richard Fischer Award (at the June 13th Town Board meeting). The next
Board meeting is scheduled for June 9 , 2005 .
MOA Planning Coalition : The May 25th meeting was cancelled due to a lack of agenda items . The
next meeting is scheduled for June 29, 2005 .
Capital Projects & Fiscal Planning Committee : The Committee met on May 12, 2005 to review the
status of the 2005 — 2009 Capital Program. The focus of the . discussion was on anticipated budget
constraints for 2006 and how that would impact 2006 capital projects . The Committee is
considering recommending to the Town Board that some projects in the 2006 Capital Program be
deferred a year, and that the overall program be re-evaluated . More information will be available
after the Committee meets over the next couple of months . The next Committee meeting is in the
process of being scheduled .
City of Ithaca Transportation Demand Management (TDM) Sub-committee : As a follow up ,to the
City' s TDM Study completed last year, the City has established a sub-committee to consider
possible implementation strategies . The sub-committee meets monthly, and has invited
representatives from the Town, County and other organizations to participate . The Director of
Planning attended the May 11th and June 7th meetings. Ideas discussed include subsidizing higher
frequency bus service, adding circulator routes (e. g. , downtown to Southwest area),
bicycle/pedestrian facilities such as showers, lockers, or bike racks, getting people to ride the bus
3
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more by subsidizing bus passes, the possibility of hiring a downtown transportation/TDM
coordinator, and conducting a commuter survey of downtown employees.
Affordable Housing — Discussion with Cornell : Several Town officials met with representatives
from Cornell University and Housing Opportunities, Inc . to discuss possible collaboration to
facilitate the construction of affordable housing. Some of the participates may go on a trip to visit a
successful housing project built by Housing Opportunities in Rochester, NY. The group also
discussed the possibility of a Cornell Planning class participating in a semester project to study the
possibility of an affordable housing project.
Sky Gardens Proposal : Planning staff met with Mr. Rancich, owner of property on West Hill (just
west of Linderman Creek off Mecklenburg Road) to hear an update on plans for the Sky Gardens
condominium proposal . Mr. Rancich indicated that he is still very interested in this project, and is
pursuing ideas on architectural styles, possible mix of single-family and townhouse style of
development, and the possibility of acquiring additional land for development.
Other Pending Development Proposals : Other development proposals that will be coming in to the
Planning Board in the near future for conceptual review include the redevelopment of Judd Falls
Plaza/Ides Bowling (off Pine Tree Road) with a Rite Aid "pharmacy and future retail development,
and expansion of the Longview facility on Danby Road with the addition of a skilled nursing
facility and Alzheimers unit. We are still waiting for revised plans to be submitted for the Conifer
Village senior apartment site development, which is contingent on the NYS Department of
Transportation accepting the concept of an emergency access drive on Mecklenburg Road.
4
Regular Meeting of the Ithaca Town Board , June 13 , 2005
Human Resources Report for May 2005
Personnel Committee :
Committee met in , May, see attached draft minutes .
The committee discussed the proposed change in the uniform policy that effects the Public
Works employees and discussed the proposed Wage Scale for 2006 .
Edits for the Personnel Manual were completed and will be presented to the Town Board
in June for approval .
Safety Committee :
Committee met in May to continue the walk through evaluation of the Public Works
Facility . The goal of the project is to create a check list that would be completed quarterly
for each facility , and an annual checklist that asks more overall Town administrative and
policy practice questions . The, committee has broken this project into two groups . Town
Hall representatives are working on a checklist for Town Hall and Fred , Gail and myself
are working on the Public Works Facility one .
Kristie Rice , Assistant Director of Building and Zoning and myself as members of the
Safety Committee attended the PERMA annual meeting and conference in Lake George .
Sessions attended include ; Workers Compensation 101 , How to breakdown the
Experience Modifier; Workplace Investigations and Tips for a PESH Inspection .
Board Policy and Protocol Committee :
Committee was given a complete copy of the manual with 4 chapters only drafted but not
edited . The committee decided to name the manual the "Town Board Protocol Manual" .
In April all the Board members received copies of the chapters completed so far and
where to review them and return any comments or suggestions . The committee received
comments from Peter Stein and Cathy Valentino . The committee reviewed the comments
from each and took their suggestions into consideration .
The committee completed the " Interactions" chapter and will begin their next meeting with
the "Town Board Meetings" chapter.
Personnel — Civil Service :
Steve Estes , County Civil Service , and I worked on 2 job descriptions that if revised could
work for both the Town of Ithaca and the Town of Dryden . Those job descriptions are
Code Enforcement Officer and Environmental Planner.
The second pair of seasonal Public Works laborers started May 91h and will work until the
28th of October. One of the seasonal laborers that started in April was offered another
position , so we will be filling that position . Also in May our 2 short term seasonal laborers
started , Jeremy and Lindsey will be working with the Town Youth that will be starting in
July for a 6 week program working on the parks .
Training and Development :
In May two sessions for the Brainteasers Series were offered ; Fat Free Business Writing
and ADA in the Workplace .
Commercial Insurance ( Ithaca Agency — Selective Insurance Company) :
One personal injury claim was filed in May. The claimant tripped and fell walking up the
entrance to the Post Office . Dan Walker, PE , evaluated the scene and has documented
that the concrete sidewalk has settled in places and will need to be fixed .
Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) :
There was 1 claim filed in May regarding an injury to the lower back . This injury did not
result in lost time or a doctor visit .
There was 1 claim filed in May that was due to a cut that did not result in lost time or a
doctor visit .
Disability Insurance :
The 1 employee that had been out on disability due to surgery has returned on light duty.
Unemployment Insurance :
Currently there is one seasonal employee claiming unemployment .
Employee Benefit Insurances :
Haylor, Freyor and Coon ( Ithaca Agency) wrote the Town ' s Long Term Disability
Insurance and Life Insurance many years ago . Haylor now has a division that solely
works on employee benefits . The Town and the City are working with Doug Bulman for a
possible new quote for a combined short term and long term disability coverage . By
pooling our quote with the City the Town will have a better chance at a lower rate . The
main emphasis by working with Doug is to reduce cost for the employee benefits as Haylor
has the opportunity to write the policy through different insurance company providers . We
will also be working with Doug later in the year for our health insurance renewal with Blue
Cross/ Blue Shield .
Submitted By:
Judith C . Drake , PHR
Human Resources Manager