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HomeMy WebLinkAboutTB Minutes 2007-04-09 Final Regular Meeting of the Ithaca Town Board Monday , April 9 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 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 . Consider Setting Public Hearing Date regarding Transportation Plan 8 . Northeast Stormwater Study Committee Report 9 . Consider setting public hearing regarding adoption of Ithacare/Longview planned development zone amendment 10 . 7 : 00 p . m . — Public Hearing regarding Noise Permit Application from Ithaca College for Fireworks 11 . 7 : 05 p . m . — Public Hearing regarding renewal of fire contract with Village of Cayuga Heights and consider authorizing Supervisor to sign renewal 12 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract 13 . Report of Town Committees a . Agricultural Committee b . Agricultural Land Preservation Committee C . Capital Projects and Fiscal Planning Committee d . Codes and Ordinances Committee e . Comprehensive Plan Review Committee f. Ethics Board g . Personnel Committee h . Public Works Committee i . Recreation and Human Services Committee j . Safety Committee k . Transportation Committee Final 14 . Intermunicipal Organizations a . Cayuga Lake Watershed Intermunicipal Organization b . City/Town Shared Services Committee C . City/Town Trail Committee d . Joint Youth Commission e . Lake Source Data Sharing f. Pegasys Oversight Committee g . Recreation Partnership h . Southern Cayuga Lake Intermunicipal Water Commission i . Special Joint Committee ( Sewer) 15 . Report of Town Officials a . Town Clerk b . Highway Superintendent C . Director of Engineering d . Director of Planning e . Budget Officer f. Manager of Human Resources g . Network/Records Specialist h . Recreation and Youth Coordinator i . Attorney for the Town j . Receiver of Taxes 16 . Review of Correspondence 17 . Consider Adjournment April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 REGULAR MEETING OF THE ITHACA TOWN BOARD 215 NORTH TIOGA STREET, ITHACA, NEW YORK MONDAY, APRIL 9 , 2007 THOSE PRESENT Will Burbank , Deputy Supervisor ; Herb Engman , Councilman ; Peter Stein , Councilman ; Jeff Cowie , Councilman ; Pat Leary , Councilwoman . THOSE EXCUSED Catherine Valentino , Supervisor; Sandy Gittelman , Councilwoman . STAFF PRESENT Tee-Ann Hunter, Town Clerk ; Dan Walker , Town Engineer; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager; Susan Brock , Attorney for the Town . OTHERS William Sonnenstahl , Save Sapsucker Woods ; Mark Macera , Ithacare ; Rick Couture , Ithaca College ; Larry Sallinger, 14 Peachtree Lane ; Tom Fuller, 175 Seven Mile Drive ; George Tamborelle , Village of Cayuga Heights Fire Department ; Stephen Wagner, Save Sapsucker Woods . Call to Order Deputy Supervisor Burbank called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . AA enda Item No . 3 — Report of Tompkins County Legislature — Tim Joseph Mr. Joseph appeared before the Board on behalf of the Tompkins County Legislature and reported that there is a special meeting of the Council of Governments coming up to talk about the user equipment , the radios , for the new emergency communications system . The towers are in place and the County is ready to begin hanging equipment on them . That will take approximately 1 year . The County is expecting to bring the system on- line in the summer of 2008 . Mr. Joseph offered to answer questions from the Board . There were no questions from the Board . Agenda Item No . 4 - Report of City of Ithaca Common Council Robin Korherr appeared before the Board on behalf of the Common Council and reported the following : Council was presented with the final report from the Collegetown Vision Task Force . There are many recommendations and visions for the Collegetown business district, which will go before the Planning Department and on to Common Council for implementation . 1 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Common Council adopted the 2007 HUD Entitlement Grant Program Action Plan piece that provided for about $ 1 . 3 million in different projects . The group selected approximately 20 projects that went to agencies operating within the City as well as the City itself. Common Council passed a resolution requiring training for Planning and Development Board and Board of Zoning Appeals members . Common Council passed a resolution supporting the need for unemployment insurance reform . The County is taking similar action . Common Council made a strong statement on immigration enforcement . Ms . Korherr read from a statement regarding the Council ' s action - "The resolution stated that reliable reports indicate a dramatic increase in enforcement , this type of enforcement in New York , and deportations and incarcerations of such individuals have allegedly occurred with ruthless haste and without regard to basic human rights and due process protections . The City of Ithaca stands opposed to the allegedly overbearing activity sometime employed by US Immigration and Customs enforcement agency, and the City calls upon Congress to ensure the human and respectful treatment of such individuals and families within the State of New York . " It also asked the State and the Governor' s Office to define the appropriate role of the State Police as well as directing the Ithaca Police Department to treat the enforcement of Federal Immigration Laws as a function of Federal Law Enforcement Agencies so that it is clear what role the Ithaca Police - Department has in connection to the acts of US Immigration Office . Ms . Korherr reported that Common Council needed to make a clear statement that some of the practices shouldn 't be tolerated and many people spoke in favor of the resolution . Common Council adopted a lengthy resolution altering the City code as it relates to fire protection . Fire Chief Wilbur and Fire Marshal Parsons worked hard to bring the fire code up to date . Council moved forward with continuing environmental review for a permanent off- leash dog area . Parameters for review were developed by the ad hoc committee , with each specific site being reviewed . Common Council passed a resolution supporting the State Transit Operating Assistance Appropriation . TCAT is a member of the group and the resolution asked that funding be based on performance measures . TCAT has experienced two years of increased ridership and would like to have it acknowledged through increased funding . Lastly, Common Council passed two resolutions supporting New York State funding for the 211 system . The FCC has approved 211 as the Health and Human Service line . Ms . Korherr believed $ 10 million was included in the 2007 budget to implement the system statewide . She was hopeful that the money would help to implement the system in Tompkins County in 2008 . Councilman Burbank asked if the Board had any questions for Ms . Korherr. Councilman Engman asked if there was any discussion of the role of the Sheriff' s Department with regard to immigration enforcement . Ms . Korherr explained that there was not since it was out of 2 April 9 , 2007 Regular Town Board Meeting Approved May 7, 2007 their jurisdiction . The resolution asked New York State government to look at State Police inclusion at the same time that they decide their own actions . As his second question , Councilman Engman asked if any of the revisions made to the Code affect the fire contracts . Ms . Korherr did not think so . The changes brought language up to current operations . Deputy Supervisor Burbank stated that Ms . Korherr referred to parameters being considered for the various sites for the dog park . He wondered if those were the criteria that would be used or the concerns . Ms . Korherr explained that the parameters were the concerns . For example , any possible future use for areas adjacent to that area . Deputy Supervisor Burbank thanked Ms . Korherr for her report . Agenda Item No . 5 — Report of Fire Commission — (Attachment #1 — monthly report) Mr. Romanowski appeared before the board and read his monthly report . Mr. Romanowski encouraged the Board to start the process of renewing the fire contract with the City as early as possible . Councilman Burbank asked if the Board had any questions for Mr. Romanowski . Councilman Stein stated that he has been comparing the budgets of the City , Town , and Village of Cayuga Heights . It was his understanding that if he looked at what the City , Town , and the Village were spending on fire protection it should be in proportion to the amount of assessed property value in the three jurisdictions . He asked if it was that simple or if it was more complicated . Mr. Romanowski explained that the major cost of running the Ithaca City Fire Department is career firefighters . There are also more infrastructures to maintain . Councilman Stein stated that the Town of Ithaca does not have a volunteer fire department and receives fire protection by paying a portion of fire protection costs for the City of Ithaca and the Village of Cayuga Heights . Councilman Stein understood that it was apportioned according to assessed value of the property in the three jurisdictions . Mr. Romanowski answered that was part of it , but the other portion is the amount of area serviced . Councilman Stein asked how he could find out what the formula is and how it works . Mr. Romanowski thought it was in the contract between the two municipalities . Deputy Supervisor Burbank thanked Mr. Romanowski for his report . Board Comments Councilman Engman stated that the reason he asked the question about the Sheriff' s Department and enforcement of immigration laws was that he was thinking about introducing a similar piece of legislation or resolution to the Town Board . He thought that they should check with the Sheriff' s Department to find out whether or not the department is comfortable with the interpretation of what their role is . Councilman Engman mentioned that he would like 3 April 9 , 2007 Regular Town Board Meeting Approved May 7, 2007 to put that on the agenda for consideration at the next meeting . He feels it is a sensitive issue and one in which the Town could lend its voice to helping to protect the recent immigrants in the community . Councilman Engman reminded the Board that the City of Ithaca fire contract expires December 2007 . He thought that it would be a complicated situation in that Supervisor Valentino is retiring at the end of 2007 . Councilman Engman suggested that an ad hoc citizens committee be appointed to look at the issue . He raised several concerns that the committee could address . The issue could be discussed further during the Cayuga Heights Fire Contract agenda item . Councilman Cowie notified the Board that he would not be able to serve on the Local Advisory Board of Assessment Review in May . Deputy Supervisor Burbank commented on the public officials training session regarding emergency coordination among different levels of government . He thought it was very informative and was interested to learn that the Supervisor has extraordinary powers in the event of an emergency . The Town needs to become more aware of what would happen in a series of different scenarios . He has talked with Mr . Walker and they might try to have an in - house training session specific to the Town Board . Councilwoman Leary added that she has kept the paperwork from the training session if anyone is interested in it . Councilman Burbank stated he has been trying to figure out who would take the lead role if 1 the Supervisor and Deputy Supervisor were out of Town . Ms . Hunter had been looking into the question , but at this point , the answer is not clear. Ms . Brock explained the Town could enact a local law designating an individual or position to fulfill the duties of the Deputy Supervisor should that person not be available . Deputy Supervisor Burbank thought the Board may want to consider putting it on the May agenda for discussion . Councilman Cowie asked who would declare an emergency . Mr. Walker explained that it would depend on the level of emergency . The Sheriff' s Department can declare a State of Emergency during snowfall if the roads are unsafe . In the Town , the Supervisor can declare a State of Emergency . It is coordinated with State and Federal governments . Agenda Item No . 6 - 6 : 00 p . m . Persons to be Heard William Sonnenstahl , 206 Winston Drive Mr. Sonnenstahl appeared before the Board on behalf of Save Sapsucker Woods and his local community in the northeast . They wanted to thank the Board for setting up a committee to look at stormwater problems in the northeast . The neighbors feel it is the first time that their concerns have been taken seriously . Mr. Sonnenstahl thought they needed to look at the hydrology in the area beyond the simple drainage concerns that have been raised and to look at the hydrology in terms of its impact with Briarwood II in terms of the wetlands and the potential of draining those wetlands . These issues were raised during the Hanshaw Road public meeting and need to be looked at and assessed in a broad way . He reiterated that the neighbors continue to be concerned that the Unique Natural Areas be preserved in the area . 4 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Agenda Item No . 7 - Consider Setting Public Hearing Date regarding Transportation Plan (Attachment #2 — Memo from N . Tedesco) Nicole Tedesco appeared before the Board to discuss the Transportation Plan . Since the last public hearing , the Transportation Plan has gone back to the Transportation Committee . All comments collected during the first , second , and other informational meetings have been compiled in an appendix . The committee went through several topics that warranted deeper discussion that had been raised during the public comment period . The responses for many of the comments are outlined in bold in the appendix . Members of the public can see their comment and see how their comment was reviewed . The memo to the Board outlines the major changes in the draft plan since the last time it was before the Board . The Transportation Committee is asking the Board to set a final public hearing on the plan . Mr. Kanter reported comments on the cover of the Executive Plan , stating people thought a couple of the pictures looked like they might not be in the Town of Ithaca . Mr. Kanter reported that the Planning Department had gone out and taken some pictures and showed the Board a sample of what the cover could look like . Planning staff is going to be taking a closer look at copyediting within the next few weeks for mistakes . Councilman Cowie stated he had been looking at the pedestrian corridor needs and , since the Board looked at the plan last , several discussions of West Hill development have come up along with an east/west walkway going down into Town rather than or in addition to a north/south walkway . He thought it would make more sense because there was no way to walk down West Hill . Councilman Cowie wondered if they could think about doing something that would link up with the City that would bring pedestrians down into the City from West Hill . Mr . Kanter responded it is something that the Transportation Committee has said they want to look at and is on the Committee ' s priority list in 2007 . They have tried to map out potential links . He thought they could put a notation on the map indicating a need for an east/west connection from West Hill into the City . Councilman Cowie understood that the trail on West Hill is planned , but locations have not been identified . He wondered if it would be different from another imaginary dotted line . Mr . Kanter responded that the difference is that the current imaginary lines on the map have had some thought given to them . They are not aligned specifically , but have been thought about enough to know the tax parcels they will go through . Deputy Supervisor Burbank added that there needs to be mutual discussion with the City because much of the pathway would be City land . Mr. Kanter thought that they could add language to the text section referring to the map . In the last element of Volume I , page 21 , figure B , Councilman Engman thought the figures were reversed because 10 . 18 should not be shorter than 9 . 37 . He suspected it was 10 . 81 and not 10 . 18 . Ms . Tedesco corrected that her copy shows the figures at 10 . 18 and 19 . 37 . Ms . Hunter brought to Ms . Tedesco' s attention that in Volume II , page 95 , the final paragraph states , " in addition to the comments made at the Planning Board and the Town Board , there were formal written comments , which are included at the end of this appendix" , but the letters 5 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 . were not included . It was determined to be a collating error and the letters would be included in the document . With no further comments , the public hearing was set for Monday , May 7 , 2007 at 7 : 00 p . m . Moved by Councilman Stein , seconded by Councilman Cowie . Carried unanimously . Agenda Item No . 8 - Northeast Stormwater Study Committee Report Attachment #3 — meeting notes ) Mr. Walker gave the Board an overview of the committee meeting and the documents he prepared for the Town Board meeting . He also provided the Board with the committee ' s meeting minutes . Mr. Walker brought to the Board ' s attention that Town Hall has been experiencing inconsistent internet connections and that it might impact their ability to receive responses via email . Councilman Stein suggested that Mr. Walker call the consultants and give them his email address as a second contact . Deputy Supervisor Burbank asked if Mr. Walker had any cost estimates for the consultant work . Mr. Walker thought that it might cost $ 15 , 000 to $ 20 , 000 for the hydrogeology only , without fieldwork . Agenda Item No . 9 - Consider setting public hearing regarding adoption of Ithacare/Longview planned development zone amendment Mr. Kanter gave a brief overview of the project to the Board . The Planning Board issued a negative declaration of environmental significance in their review of the project as lead agency . Mark Macera , Executive Director of Ithacare Mr. Macera introduced himself to the Board and offered to answer any questions . Councilman Engman referred to the letter from Ed Marx concerning the project . In the letter , Mr . Marx stated that native species should be used for temporary and permanent revegetation identified in the Stormwater Pollution Prevention Plan . Councilman Engman did not see it mentioned in other materials and asked if Ithacare would be using native species for the revegetation . Mr. Macera responded that they would be using native species and they have a schedule , as part of the site plan , that identifies the particular stock that they propose to use . With no further discussion , the Board set the public hearing for the Monday , May 7 , 2007 Town Board meeting at 6 : 45 p . m . Moved by Councilman Engman , seconded by Councilman Cowie . Councilman Cowie mentioned that his father is a resident at Longview and had talked about some disquiet among some residents about the project . Councilman Cowie wondered how that came out . Mr. Macera responded that it is an evolutionary process and there are still individuals who do not support the project . He reiterated that the issue of their goals , 6 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 mission , and this objective conforms with the plans that have been shared with everyone . Concerns have been raised and he is sympathetic to concerns and has tried to mitigate issues . Vote on Motion . Carried unanimously . TB RESOLUTION NO , 2007-067 : Resolution Setting a Public Hearing to Consider a Local Law Amending Chapter 271 of the Town of Ithaca Code , Titled "Zoning : Special Land Use Districts , " Regarding Increases in Numbers , Height and Uses of Dwelling Units in Ithacare 's Special Land Use District No . 7 RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York , on the 7th day of May , 2007 , at 6 : 45 p . m . for the purpose of considering a proposed local law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare ' s Special Land Use District No . 7 , and it is further RESOLVED , that at such time and place all persons interested in the proposed amendment may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Councilman Engman SECONDED : Councilman Cowie VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman Agenda Item No . 12 — Consent Agenda Councilman Stein moves the consent agenda , Deputy Supervisor Burbank seconds . Carried Unanimously . TB RESOLUTION NO . 2007 -068 : Consent Agenda Items . BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and/or adopts the following resolutions for Consent Agenda Items as presented : a . Town of Ithaca Minutes b . Town of Ithaca Abstract 7 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 C . Bolton Point Abstract MOVED : Councilman Stein SECONDED : Deputy Supervisor Burbank VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman TB RESOLUTION NO . 2007 -068 a : Town Board Minutes of March 12 , 2007 WHEREAS , the Town Clerk has presented the minutes the Regular Town Board meeting held on March 12 , 2007 to the governing Town Board for their review and approval of filing ; now therefore be it RESOLVED , the Town Board does hereby approve for filing the minutes for the meeting held March 12 , 2007 as presented at the April 9 , 2007 board meeting . MOVED : Councilman Stein SECONDED : Deputy Supervisor Burbank VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman TB RESOLUTION NO . 2007-068b : Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 3460-3592 General Fund Townwide $ 118 , 728 . 69 General Fund Part Town $ 81019 . 79 Highway Fund Part Town $ 77 , 198 . 78 Water Fund $ 294 , 795 . 84 Sewer Fund $ 204 , 483 . 62 Fire Protection Fund $ 134 , 367 . 02 - - 8 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Forest Home Lighting District $ 167 . 00 Glenside Lighting District $ 65 . 10 Renwick Heights Lighting District $ 90 . 67 Eastwood Commons Lighting District $ 184 . 31 Clover Lane Lighting District $ 22 . 22 Winner' s Circle Lighting District $ 63 . 76 Burleigh Drive Lighting District $ 75 . 59 Westhaven Road Lighting District $ 246 . 32 Coddington Road Lighting District $ 145 . 82 TOTAL : $ 838, 654 . 53 MOVED : Councilman Stein SECONDED : Deputy Supervisor Burbank VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman TB RESOLUTION NO , 2007 -068c : Bolton Points Abstract WHEREAS , the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now, therefore , be it RESOLVED , that the Town Board hereby authorizes the payment of the said vouchers . Voucher Numbers : 132 - 190 Check Numbers : 9855-98561 99097 9911 -9917 , 9919-9967 Operating Fund $ 124 , 669 . 22 1998 SCADA Capital Project $ 720 . 84 2002 Office Space Addition $ 18 , 305 . 85 TOTAL $ 143 . 695 . 91 MOVED : Councilman Stein SECONDED : Deputy Supervisor Burbank 9 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman Agenda Item No . 13 — Report of Town Committees Agriculture Committee Councilman Engman reported that the Agriculture Committee has met and they do want to revise the Plan for Agriculture in the Town of Ithaca in order to help inform the revision of the Comprehensive Plan should that happen . There is interest in applying for a State grant that is available for the planning for agriculture in towns . Capital Projects Committee Committee has not met . Codes and Ordinances Committee Councilman Engman reported that the Committee has a lot of work to do . The Committee is going to be working on radio towers and wind towers at the next meeting . Comprehensive Plan Review Committee Deputy Supervisor Burbank commented that the committee has held one meeting . The committee decided to break down the current plan by its table of contents and deal with manageable sections to see if there are revisions needed . Councilman Stein heard a comment that the committee may render a conclusion that _ significant changes are not needed to the plan and , if that were the case , then there would not be a need for public input . Councilman Stein thought that if the Board is going through the process of examining whether or not the plan needs changes , even the internal decision that changes are not needed is something that is worthwhile for public comment . Mr. Kanter added that the committee did talk about the need for public input and thought that it was very important to receive public input . Ethics Board Ms . Hunter reported that Ethics Disclosure Statements were due to the Clerk ' s Office by April 30th . Councilwoman Leary and Supervisor Valentino are serving on the committee to interview the 2 interested candidates for the opening on the Ethics Board . Personnel Committee The committee is meeting April 19th Public Works Committee Councilman Stein reported that the committee has been meeting regularly . The Committee will be looking at the northeast drainage problem at their next meeting . Safety Committee The committee is meeting every other month . 10 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Transportation Committee The committee is finalizing the Transportation Plan and has established their work plan for ` 2007 . Mr. Kanter reported the committee is also reviewing the Forest Home Traffic Calming Plan . Copies will be distributed to the Town Board for their review as well . Agenda Item No . 14 — Intermunicipal Organizations Cayuga Lake Watershed Intermunicipal Organization Ms . Balestra attended the last meeting and talked about the Town ' s proposed dock regulations . City/Town Shared Services Committee Councilman Stein reported that the committee is trying to understand both the Town and the City . He has been trying to understand them financially . The committee heard from human resource personnel from both municipalities and in future meetings the committee will be hearing from people who have similar jobs in the Town and City to try to understand how the 2 municipalities do things and in what ways they are similar or different . City/Town Trail Committee This committee has not met , but there has been positive movement on the Gateway Trail . Mr . Kanter reported that they have heard from the State , which has been reviewing the paperwork on the agreement. ` Deputy Supervisor Burbank commented that the Black Diamond Trail seems to be moving ahead . Lakesource Data Sharing This committee has not met in over a year. Councilman Engman is going to meet with a Cornell Professor , who has been working on the phosphorous loading , to get more information . Pegasys Oversight Nothing to report . Recreation Partnership Councilman Cowie reported that the committee is engaged in conversation about recasting the agreements . Southern Cayuga Lake Intermunicipal Water Commission Mr . Walker reported that things are moving along smoothly . Special Joint Committee Councilman Stein stated that he has been on the committee for 3 years and it runs very well . The sewer treatment plant seems to be well managed and planning for the future in a responsible way . J Agenda Item No . 15 - Report of Town Officials (Attachment #4 - monthly reports ) 11 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Town Clerk (Attachment #5 — memo and draft agreement) Ms . Hunter included in the Board packet a memo regarding a records storage agreement . She did not know if the Town was interested in adopting the agreement so that space could then be rented in the records storage room . Ms . Hunter explained that the Town has two record storage areas . The one area is the archival vault , with the Town ' s permanent records . This space would not be rented . The second room is a larger space that houses inactive records . Don Barber has asked Ms . Hunter about the Town of Caroline renting space . Deputy Supervisor Burbank asked if the agreement was drafted , but never formally adopted as policy . Ms . Hunter stated that was correct . Councilman Engman asked how the rate of $ 1 . 00 per square foot determined . Mr . Carvill explained that they did a cost analysis in 2000 , but the linear foot price was excessive . Mr. Carvill thought a dollar was accepted to make it reasonable . Councilman Engman , referring to the memo , noted that the Ithaca Fire Department stores 100 cubic feet of records and wondered if they were charged . Ms . Hunter responded that the fire department was not charged . Councilman Burbank asked if there was a timeframe for when the Town of Caroline would like to rent the space . Ms . Hunter did not think it was time sensitive , but thought it should be put on the agenda in the next few months so that the Town could be in the position to rent the space . Councilman Cowie noted that the proposed agreement states up to 100 cubic feet and wondered if that meant to cap the amount of space rented . Ms . Hunter responded it was meant to limit the amount of space rented because the Town would not want to rent out so much space that the Town ' s own ability to store records would be compromised . It would give the Town the ability to contract with 3 or 4 people at the most . Ms . Drake added that another discussion was that the Town wanted to encourage the renter to managed the records in storage . Councilman Engman suggested that on page 3 , number 13 , it should say any damage caused by the lessee . Councilman Burbank asked if the Board was open to passing the storage agreement . Councilman Engman thought that it was a great idea . Councilman Burbank suggested that a motion be prepared for the next meeting and move it forward . Agenda Item No . 10 - 7 : 00 p . m . — Public Hearing regarding Noise Permit Application from Ithaca College for Fireworks (Attachment #6 — permit application ) Councilman Burbank opened the public hearing at 7 : 00 p . m . The Town Clerk had proof of posting and publication . Councilman Engman brought the Board ' s attention to the permit application . The application stated , "this is an annual event that has been occurring for many years and the neighbors are aware of it" . He asked if the neighbors have been notified in advance in the past . 12 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Rick Couture , Ithaca College Mr. Couture was not aware of the neighbors being notified . He explained it was a tradition that started 10 years ago . Councilman Engman was concerned because the Board had asked other applicants to notify their neighbors . Ms . Brock added that the noise ordinance states that notification needs to be given to persons who are reasonably expected to be affected by the noise , except for events that are community wide or public events . Councilman Engman asked if members of the public would be admitted if they wanted to come . Mr. Couture explained that the campus is not closed off, so if someone wanted to drive up and watch the fireworks they were welcome to . Councilman Stein recalled that the last time the Board discussed this matter, there was a question raised as to whether the Board had any authority over noise generated by fireworks . He thought New York State law pre-empted fireworks from any regulation of noise . Ms . Brock responded that she has written to the Attorney General ' s Office , but has not received a response . Councilman Burbank asked if any member of the public would like to address the board . With none , he closed the public hearing . Councilman Stein moved the resolution , Councilman Cowie seconded . Ms . Brock asked if a rain date was needed and Mr. Couture replied that it was not . Councilwoman Leary asked if the permit was being granted to the Ithaca College Senior Class and not Ithaca College . It was confirmed the permit was being issued to the senior class , but that Mr. Couture and Kelly Stevens , senior class advisor, would be the responsible parties . Vote on Motion . Carried Unanimously . TB RESOLUTION NO . 2007 -069 : A Noise Permit for Ithaca College Commencement Eve Fireworks BE IT RESOLVED , that the Town Board of the Town of Ithaca grants the request of the Ithaca College Senior Class for a noise permit for fireworks on May 19 , 2007 from 10 : 00 p . m . to 10 : 30 p . m . at Ithaca College . MOVED : Councilman Stein SECONDED : Councilman Cowie VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman 13 April 9 , 2007 Regular Town Board Meeting Approved May 7, 2007 Agenda Item No . 11 - 7 : 05 p . m . — Public Hearing regarding renewal of fire contract with Village of Cayuga Heights and consider authorizing Supervisor to sign renewal — (Attached #7 — letter from L. Sallinger, resolution from Village of Cayuga Heights , proposed contract) Councilman Burbank opened the public hearing at 7 : 05 p . m . The Town Clerk had proof of posting and publication . Larry Sallinger, 14 Peachtree Lane Mr. Sallinger appeared before the Board and referred to the questions he faxed to the Town Clerk earlier in the week . He is hoping to get a better understanding of the Town ' s fire contracts . Deputy Supervisor Burbank thanked Mr . Sallinger for his comments . George Tamborell , Village of Cayuga Height Fire Chief Mr. Tamborell appeared before the Board and gave the Board an overview of the Village of Cayuga Heights and Town of Ithaca relationship . His comments were as follows : The fire department responded to 583 calls last year; 273 calls within the Village , 182 in the Town , 128 mutual aid responses ( 98 of the 128 were to the City of Ithaca ) . The response time is 3 minutes with 10 . 6 members per call . 2 , 937 man -hours on calls for the fire department . The response time is almost as good as the Ithaca Fire Department and better than most volunteer fire departments in the country . There are 45 active members , with zero inactive members . They have 1 of 2 ALS (Advance Life Support) first response agencies in the County , 1 paramedic , 3 intermediate EMTs , 19 basic EMTs , 2 members are in an EMT class , and all members are CPR certified . The fire department has a recruit training program with 15 recruits in the fall training class and all graduated . Fire training included : 52 in- house trainings ; 2 , 283 in - house man -hours of training ; 1 , 954 state hours of training . EMS providers also took recertification classes . They have a community outreach program and are in touch with all schools in their area . Other programs include : fire prevention , community CPR outreach program (free to all residents of the fire district) . The Fire Department worked with Bolton Point last year to test all hydrants in the Village of Cayuga Heights . They hope to work with Bolton Point this year to test the fire hydrants in the Town of Ithaca area . Mr. Tamborell stated that they train hard and they respond hard . The Fire Department also provides the FAST team , fire fighter assistance search team , for all surrounding districts , Varna and Lansing has placed them first alarm . He invited any questions from the Board about the fire department . 14 April 9, 2007 Regular Town Board Meeting . Approved May 7, 2007 The relationship between the Town , City Fire Department and Village Fire Department is a good relationship and they have worked seamlessly together for 50 years . Councilman Burbank thanked Mr. Tamborell and asked if there were questions from the Board . Councilman Engman asked if Mr. Tamborell had said 50 years . Mr. Tamborelle confirmed that he said 50 years . The Cayuga Heights Fire Department was established in 1955 and in 1957 they started covering the northeast portion of the Town of Ithaca . Councilman Engman stated that he mentioned at the beginning of the meeting that members of the current Town Board have not had an opportunity to look at the fire contracts . The Board will need to familiarize themselves with the contracts since Supervisor Valentino is retiring at the end of 2007 . He is not challenging the arrangements , but thought it was important for the Board to spend time looking at the facts they' ve been given so that they can have a complete understanding and be educated about the contracts . Councilman Stein pointed out that the fire protection tax far exceeds the real estate tax . Most of the taxation is for fire protection and there is a lot of time spent worrying about various expenditures that come out of the real estate tax , but little time worrying about the fire protection . Councilman Stein thought it was unfortunate that the contract renewal came up at this time when there is really no one on the Board that understands the contract . He asked when the contract expired . Ms . Brock responded that Cayuga Heights fire contract had expired . Mr. Tamborell explained that the Village passed a resolution approving the contract to come to the Town . The Village will continue to provide protection to in the northeast until the Town Board passes the contract . Councilman Burbank asked if anyone else would like to address the Board and with none , closed the public hearing at 7 : 14 p . m . Councilman Engman suggested that the Board establish a citizens ' committee to look at the issue , starting with the Village of Cayuga Heights and try to get it done quickly and then start looking at the City fire contract , which expires 12/31 /2007 . He felt it was time to start the process and was willing to serve on the Committee . Mr. Carvill should serve on the committee because he knows the finances ; Supervisor Valentino should also serve because she knows the history and background of the contracts . Councilman Engman suggested that Mr . Sallinger and another board member also serve on the committee . Councilman Stein agreed that there should be a committee , but thought that the members could be discussed further. Councilman Engman was concerned that if the Board did not do something at this meeting , then they would have to wait until the May board meeting . Councilman Burbank asked Ms . Brock if there were any areas of concern in the fire contract . Ms . Brock told him the financial provisions in that the payments are higher. Other than that there were no changes . Mr. Carvill asked for the opportunity to answer Mr. Sallinger' s questions . He explained , the current tax rate for the fire tax rate is $3. 74 per thousand. The assess valuation for the property, which is in the Town, which is the portion of the Village is $510, 000 . . . million dollars is the Town 's assessed evaluation within the Village, $510, 000, 000, approximately. Of that 15 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 percentage within the boundaries of the covered northeast area that is protected by the volunteer fire department of Cayuga Heights that is $ 180, 605, 400 to be exact. One of the other questions . . . that represents a direct reimbursement in supporting the Village of Cayuga Heights of 35. 53 % . The contract consists of us providing them services of financing for direct costs only. Historically prior to 2002 when the contract was initiated, the Town of Ithaca was being charged for depreciation as well as for principle and interest on bond issues. In reexamining the contract at that time, that is what I would have classified as double-dipping. In other words there was money that was being provided for the future replacement of equipment as well as paying off for the present value of bond issues as financed to purchase that equipment. The provisions we discussed then and we now reimburse for the principle and the interest portion of the bond payments to provide for the equipment of the Village of Cayuga Heights at our proportionate share of 35% annually. We have stipulations to control some of the fiscal affairs that the Town has to provide for. Any capital expenditure in the amount of $25, 000 or more, the Village of Cayuga Heights has to come to the Town Board to provide us with information as to why there will be an increase for those costs and for what purposes. An example of one of those was in the year of 2004with this Town Board of which anew hook and ladder had to be purchased for $400, 000. The impact of that expenditure exceeded the ceiling or cap of 10% per year of which that required the Board to approve a direct reimbursement of $ 16, 000 at that time. The Board approved that. So it is with that mechanic to allow for inflation, to allow for emergency or needed expenditures for the Board for the Village of , Cayuga Heights to come . directly to the Town Board to seek that modification in costs. That is one of the mechanics that has been built into this contract, past and present, hopefully. Do we have a direct or have. . . I have had a direct affiliation with the Village at the time that they established the fire contract or their expenses for the year, the answer to that is no . I really don 't know what authorative jurisdiction I would have in establishing the financial affairs for the volunteer fire department. That hopefully answers three of your four questions and one of them was, have you ever considered having a regional fire department. I have never found any place in the New York State regulations, and this comes from State jurisdictions, of our ability to be able to establish a consolidated or regional fire department. That means that that would be a town of countywide service and all fire departments would be regulated and maintained by the County. That cost would be excessive because the requirement would be they would be a fully paid fire department. Historically it has always been left that we would have locally established fire departments, be they paid, fully volunteer or be they a combination of both . That is a quick highlight of some of the four questions that you presented to the Board. There is certainly much more detail. The assessed valuation or percentage changes annually based upon the change in the assessed valuations that are given to us by the County Assessment office. Of course those percentages are then allocated and applied with Mr. Silber and myself of looking at what those direct expenses would be for the year and assuring ourselves that the useful life of the assets are being paid down properly according to the bond as they have been issued. So we do run into those costs through this contract. We have had mechanics built into the contract to assure us that we do have some oversight. One of the questions that Herb had presented to me when he met with me last Thursday was, if there is a question in the contract of which we wanted to address at some point while the contract is in existence, do we have the ability to terminate that contract or do we have to set the contract aside and reexamine it. The answer to that is yes. However there is one stipulation in doing that, which I think is a reasonable and fair one. If we wanted to address 16 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 the cost, obviously if we establish a budget at the beginning of the year and you are going to start your operating cycle, it would be disastrous to stop it in the middle of the year and say we want to stop the contract and renegotiate. So we are obligated, both parties are obligated to give each one a one year's notice that in the ensuing year of the contract that we are going to put it on hold and that we would like to reexamine it. So there is a stop mechanism by which we can pause and reexamine and reassess. " Deputy Supervisor Burbank thanked Mr . Carvill for his comments . The Board does not want to create a situation where there are gaps , but it sounds like it might make sense to mirror Cayuga Heights and create an interim situation pending a more thorough review. Ms . Brock proposed the following language for a resolution : Whereas, the Village of Cayuga Heights has a contract for fire protection with the Town of Ithaca originally dated March 18, 2002, and Whereas, this contract originally terminated on December 31 , 2006, and Whereas, the parties wish to continue the benefits provided thereunder, now, therefore, it is Resolved, that the expired contract shall remain in force as an interim measure until such time as a new contract is established. Councilman Stein moved the proposed resolution , seconded by Councilman Cowie . Carried unanimously . TB RESOLUTION NO . 2007 -070 : Approval of Interim Contract with the Village of Cayuga Heights for Fire Protection WHEREAS , the Village of Cayuga Heights has a contract for fire protection with the Town of Ithaca originally dated March 18 , 2002 , and WHEREAS , this contract originally terminated on December 31 , 2006 , and WHEREAS , the parties wish to continue the benefits provided thereunder, now , therefore , it is RESOLVED , that the expired contract shall remain in force as an interim measure until such time as a new contract is established . MOVED : Councilman Stein SECONDED : Councilman Cowie VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . 17 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 ABSENT : Supervisor Valentino , Councilwoman Gittelman Councilman Engman made a motion to establish a citizens committee to analyze the two contracts for fire protection for the Town of Ithaca and that the members consist of Catherine Valentino , Herb Engman , Al Carvill , Peter Stein and Larry Sallinger . Councilman Cowie encouraged the Board to add additional citizen members to the committee . Councilman Stein suggested that citizens could be added to the committee at a later date . Councilman Stein seconded the motion with the provision that the Board may come back with additional people to serve on the committee . Councilman Burbank clarified that this was a citizens committee , therefore the Board could establish the committee . Vote on motion . Carried unanimously . TB RESOLUTION NO . 2007=071 : Establishment of a Citizen ' s Committee to Review Fire Contracts BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby establishes a citizens committee to analyze the two contracts for fire protection for the Town of Ithaca and appoints the following individuals to serve on the committee : Catherine Valentino Herb Engman Al Carvill Peter Stein Larry Sallinger and be it further RESOLVED , that the Board may appoint additional people to serve on the committee . MOVED : Councilman Engman SECONDED : Councilman Stein VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . ABSENT : Supervisor Valentino , Councilwoman Gittelman Report of Town Officials Continued Town Clerk Councilman Engman brought the Board ' s attention to the Town Clerk ' s monthly report . He asked if totals on the front' and back were supposed to be equal . Ms . Hunter told that the 18 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 monies listed on the front of the report are the monies that the Town keeps . Those are reflected in what is paid to the Supervisor. The back includes monies that are also paid to the County and Agricultural and Markets for dog licenses , and money paid to the New York State Health Department for marriage license . Councilman Engman asked where those monies received were accounted for since the report only showed the disbursement . Ms . Hunter explained that the report is a canned report from the Williamson Law program . Councilman Burbank suggested that if Councilman Engman had further questions he contact Ms . Hunter. Director of Engineering Mr. Walker reported that the Hanshaw Road water main replacement has been designed for several years . They have had a few water main breaks there in the past 3 months that have cost the Town $ 500 or $600 in time and effort . The Public Works Committee will be discussing replacing the water main instead of waiting for the County . Mr. Walker was not sure if the County would be able to start their project in 2008 . He reevaluated how much disturbance would be done to the road if the projects were done separately and the amount of disturbance would only occur in three places across the road . Councilman Burbank was surprised to read in Mr. Noteboom ' s report that they were repairing water pipe fittings in the Coy Glen pump station . Mr . Walker explained that it is normal operational maintenance . Councilman Engman noted in the Building and Zoning monthly report , he could not understand " convert existing two-family residence into two single family dwelling units" . He asked what the difference was between the two terms . Mr. Walker believed they are related to subdivisions that occurred on West View Lane . The previous Planning Board said the lots should never be subdivided , then the owners came before the current Planning Board and subdivided the lots . In order for that to happen , they had to prove that there was a fireproof wall between the two properties . The owners had to get a building permit so that an inspection could be done in order to receive Certificate of Occupancy. Councilman Burbank mentioned that the Alternative Energy Committee meeting had been postponed and they need to reschedule . Director of Planning Mr . Kanter thought that the title of the Building and Zoning report should be updated to reflect the restructuring . The Planning Department report now provides information on Zoning Board actions . The Conservation Board has a new display in the lobby about scenic views , which includes a survey . The Cornell Transportation Focused Generic Environmental Impact Statement or T-GETS , has a couple of neighborhood workshops coming up that the Board may be interested in attending on Tuesday , April 17 , 2007 and Wednesday , April 18 , 2007 . Human Resources Manager 19 April 9, 2007 Regular Town Board Meeting Approved May 7, 2007 Ms . Drake reporteded that four people will be interviewed for the Planning Board position next week and then a recommendation can be made for the May meeting . Records/Network Specialist Councilman Burbank asked if anyone could talk about the lack of Internet connection . Mr . Carvill explained that the Town 's internet system has collapsed and Clarity Connect does not seem be cooperative . Ms . Carrier-Titti will be meeting with Verizon and Time Warner Cable . Ms . Drake added that Clarity Connect wants to switch the Town to a wireless system . Deputy Supervisor Burbank thought it would be appropriate to bring a new contract before the Board , but he understands the urgency . Mr. Carvill felt it needed to be done by Thursday because the Town is without internet and email . Councilman Stein asked what happened . Mr . Carvill explained that the line has collapsed with Clarity Connect and they do not want to go back into the line and repair it . They want the Town to move to a complete wireless network . Councilman Stein asked if Clarity Connect does not want to support it . Mr. Walker responded that they either do not know how to fix it or they don 't want to do it anymore . Ms . Drake added that there is a structural component with wireless service and the Town would have to put a pole on the roof and run wires down through the building . Councilman Burbank thought it was being handled on the staff level , but wondered what the cost of a long -term contract was . Mr. Carvill was not sure , offhand , of the cost . Councilman Burbank would like the Board involved in any long term contract and he is not enthusiastic about the particular provider that is being talked to . Mr. Carvill suggested that Ms . Carrier- Titti talk with Councilman Burbank about the contract . Ms . Brock added that a special board meeting could be called if needed . Councilman Stein was willing to delegate the responsibility of making the decision to Councilman Burbank and wondered if it was a motion the Board could make . Ms . Brock explained that Councilman Burbank , as Deputy Supervisor , has all the powers of the Supervisor when she is absent . She thought it would be good to delegate to the Supervisor and Deputy Supervisor to make the decision . Councilman Stein moved to delegate to the Supervisor or the Deputy Supervisor, in her absence , the ability to do whatever is necessary to resolve this problem and to report to the Board actions that have been made . Councilman Engman seconded . Mr. Carvill asked if he could sign the paperwork after Deputy Supervisor Burbank gives verbal approval over the phone . Councilman Stein responded yes , and added to the motion that if necessary , Mr. Carvill has permission to sign the contract in the absence of the Supervisor and Deputy Supervisor, which is agreed to by either the Supervisor or the Deputy Supervisor. Councilwoman Leary asked if the resolution meant that they call Supervisor Valentino . Councilman Burbank thought it was appropriate to call her and he would do ' so first thing in the morning . They would confer with Mr. Carvill and Ms . Carrier-Titti by phone to resolve the issue . Councilman Burbank expressed his concern with entering into relations with this company that flow from other relations that have not been entirely satisfactory . 20 April 9 , 2007 Regular Town Board Meeting Approved May 7, 2007 Councilman Stein brought the Board ' s attention back to the motion on the floor . Board votes on motion . Carried unanimously . I TB RESOLUTION NO . 2007 -072 : Delegating Authority to Enter into a Contract for Internet Service at Town Hall BE IT RESOLVED , that the Town Board of the Town of Ithaca delegates to the Supervisor, or the Deputy Supervisor in her absence , the ability to enter into a contract with an Internet Service Provider in order to resolve the internet access problem at Town Hall and to report to the Board actions that have been taken to resolve the problem , and be it further RESOLVED , that if necessary , Mr. Carvill has permission to sign a contract with an Internet Service Provider in the absence of the Supervisor and Deputy Supervisor, which is agreed to by either the Supervisor or the Deputy Supervisor. MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Carried unanimously . Attorney for the Town Ms . Brock reported that things with the Finger Lakes Land Trust are moving slowly . Andy Zepp will be providing her with language about assuring that certain portions of the Babcock property will remain open for public use . She has not received a response from the County with regard to the language she sent them . Review of Correspondence No comments . Adjournment Upon motion by Councilman Stein , seconded by Councilman Engman , Deputy Supervisor Burbank adjourned the April 9 , 2007 meeting of the Ithaca Town Board at 7 : 51 p . m . Respectfully submitted , Tee-Ann Hunter Town Clerk Next regular meeting May 7, 2007 21 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 : PUBLIC HEARING NOTICE : Proposed 5-year contract for fire protection between the Town of Ithaca and the Village of Cayuga Heights Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Thursday, March 29 , 2007 Date of Publication : Friday, March 30 , 2007 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 301h day of March , 2007 . a Notary Public CARRIE WHITMORE Notary Public, state of New York No . 01 WH6052877 Tioga county , f Commission Expires December 26, >66 TOWN OF ITHACA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca will hold a public hearing on April 9; 2007 at 7:05 :p.m. 'at 215 North Tioga Street, Ithaca, NY for the purpose of considering a ;proposed' 5-year contract for fire pro- tection between • the Town ' of Ithaca and the Village of Cayuga Heights. A copy of the proposed contract is on file in the Town Clerks Office and available for re- view during regular office hours, Mon. , through Fri., 8 a.m. to 4 p.m. FURTHER NOTICE IS GIV- EN that at such time and place all persons interested in the proposed ' contract may be heard concerning ' the same; and FURTHER NOTICEEIS GIV- EN that individuals with vis ual or hearing impairments or other special needs . will 6e provided with assistance as necessary, upon request. Persons desiring assistance must make a' request to the Town Clerk not less than 48 hours prior to the time of the public hearing. Tee-Ann. Hunter Town Clerk Dated: ,Mdrch 290 2007 3/30%07: I' . . � . TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Carrie Coates Whitmore , being duly sworn , say that I am the Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : NOTICE OF PUBLIC HEARING : CONSIDER NOISE ORDINANCE PERMIT FOR FIREWORKS DISPLAY AT ITHACA COLLEGE , 953 DANBY ROAD , ON SATURDAY, MAY 19 , 2007 AT APPROXIMATELY 10 : 00 PM TO 10 : 20 PM Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 :Date of Posting : Wednesday, March 14, 2007 Date of Publication : Friday, March 23 , 2007 Vx1v Carrie Coates VY tmore , Deputy Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 26th day of�m ch Nota Wul3lic PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Commisssion�tExpiresiDec County Commission TO_ WN w ITHACA ' NOTICE OF ' . "PUBLIC HEARING - r NOTICE IS HEREBY GIVEN. that the .Town Board of the Town of Ithaca will hold a public_fiearin on April 9, 2007 : dt °7:00.. p.m* at the Town Hall located at 215 North Tioga - . Street, Ithaca, NY' for.'the- purpose of considering a noise per; spit for a' fireworks display at Ithaca - College, 953 Danby-Road, Ithaca to be held.on Sdiurday, May 19, 2007. ` at ,- approximately. 10:00'p.m - 10:20 p.m. A* copyy of the Noise .Per- mit Appplication ,is on. file at the . 'To`wn , Clerk's 'Office and available, for"review during- r_ ular office hours, Monday` through : Friday', 8. a.m. to 4.p.m: FURTHER NOTICE IS GIV-' EN that at such time and Place alf persons interested in the application may be Beard concerning,the, same; and FURTHER NOTICE IS GIV- EN that individuals with vis- ual. or hearing impairments. or other: special needs will be provided with assistance as' necessary, 'upon request. Persons desiring. assistance must- make a request to the Town Clerk not les's than 48 hours prior to - the time of the public hearing. Tee-Ann Hunter. Town Clerk Dated:. 2007 3/23/07 + ? ' C'1 % ^ in.t'l TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Monday , April 09 , 2007 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MIN/ TES) PLEASE PRINT NAME PLEASE PRINTADDRESS/AFFILIATION J �i Ike14- 9 2007 w rJ or 1r�tf f� A'Wpnn ' ATTACHMENT # 1 �ti iZ EI�TE'�Av.2Di� 1AJc' i r�� �cfi Gras i ��v,��.� y �viLL , � ,Dlsi /r3z v' ,T t� 7i S�oE,e ��sak A�47aOOVL46WIA14; 71 JOOA� 7Z J �o�,�� c' ca��' / S iit,�bf'� >,�jiS liJ � - �3 i4 l�.P�� . 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April 9 , 2007 Town Board Meeting ATTACHMENT # 2 MEMORANDUM To: Town of Ithaca Town Board From : Nicole Tedesco Date: April 2 , 200.7 RE: Town of Ithaca Transportation Plan The purpose of this memo is to update the Board on the progress of the Transportation Plan , summarize some of the changes and updates that were made as a result of input during the public hearing process, and to outline . a potential course of action regarding the adoption of the Plan . On January 8 , the Town Board held the second in a series of public hearings on the Transportation Plan and referred the Plan back to the Transportation Committee for their final revisions and approval . During the public hearing period , the Town received significant input into the draft of the Plan . The public comments were incorporated into the Plan , as appropriate, and the Transportation Committee reviewed the full Plan at their February 23rd and March 26th meetings. The Transportation Committee is satisfied with the content of the final draft of the Plan , so they are sending it back to the Town Board for consideration of adoption . Several substantive changes were made to the Plan as a result of comments received duringthe public hearing process, including ( but not limited to) the following: • Truck Traffic: At the first public hearing, two members of the public spoke about an excessive volume of truck traffic on their road and its impact on their neighborhood 's livabilty. In response, the :section about truck traffic (Volume I , pages 79-82) has been expanded to include a discussion of truck routes and hauling permits, to incorporate information in the Tompkins County Freight Transportation Study (2002) prepared by the ITCTC and its findings, and to discuss what is within the Town 's control and what will require a broader, cooperative regional effort. • Sample Streetscapes: This section (Volume III , pages 18-20) was updated to emphasize the link between the existing or intended characteristics of a roadway and its design . The introduction discusses the need for flexibility in design guidelines and the need to tailor design to specific situations. In previous versions of this section , the diagrams ( pages 19 & 20) included ranges of potential dimensions for lanes, shoulders, and so on , without clear direction regarding when to choose a wider width versus a narrower width . The descriptions under the diagrams were revised to make an explicit link between the character of the roadway and its design . For example, Example ( B) on page 19 states, "This example road carries primarily local traffic in urban or suburban land uses. Because traffic volumes and speeds are low, the lanes are narrower than Example (A) above, and the roadway does not 'have a shoulder. " • Added " Impacts of Motor Vehicle Traffic on Adjacent Land Uses" to Alternatives Table: Table 18, " Issues, Locations, & Strategies, " in Volume I on pages 96-104 lists the major problems identified in the Plan , the locations where the problems are worst, potential strategies to mitigate the problems, and the positives and negatives associated with each strategy. Originally, the table only included a section on congestion , which doesn 't adequately address legitimate neighborhood concerns when traffic is impacting livability, but the roadways aren 't necessarily congested . The table now includes a section on the " Impacts of Vehicular Roadway Traffic on Adjacent Lands, " and outlines potential mitigation strategies. • Expanded on Functional Classification , Design Speed , etc: The section " Roadway Function and Right-of- Way Design " (Volume I , pages 28-34) has been rewritten to describe the relationship between functional classification , right-of-way design , and federal funding eligibility. The "Speed Data " section that begins on page 39 of Volume I was also edited to make the connection between functional classification , target design speed , and the potential negative consequences of over-designing a roadway. • Updated Executive Summary: The entire Executive Summary has been updated to reflect the final draft of the Plan . The Executive Summary has had a preliminary proof-reading; The final print will be very similar to the version included in your packet. • Public Comment Appendix: The comments addressed to the Planning Board and Town Board at the public hearings have been compiled with written comments and included in Volume II , Appendix VII , along with responses or clarifications from Planning staff, where relevant. The version of the Plan included with your packet includes all of the final content. Over the next few weeks, Planning staff and I will work on copy-editing and page layout tasks for the document. The Transportation Committee hopes that, at the April 9 Town Board meeting, the Town Board will set the final public hearing on the adoption of the Transportation Plan for the May 7th meeting, and if all goes well , consider the SEQR determination and adoption of the Plan on May 7th . The final , copy-edited Plan will be available prior to the May 7th meeting (with no additional substantive changes anticipated ) . If you have any questions, please contact Jon Kanter at 273-1747 , or you may email me at ntedesco @gmail .com . Regards, Nicole Tedesco April 9 , 2007 Town Board Meeting ATTACHMENT # 3 Meeting Notes prepared by D . Walker, Draft Not reviewed by committee Stormwater Consultant Search Committee 3 -29-2007 Present Herb Engman, Jeff Cowie, Peter Stein, Susan Brock, Dan Walker, Jon Kanter Susan Brock reviewed the time line for the Briarwood II Subdivision approval process . The Stormwater evaluation should be done ASAP to allow the Town Board to act on Acceptance of Roads and utilities and not cause undo delay to the final subdivision process once developer has addressed all conditions of preliminary approval . The Submission for final approval has not been completed by Lucente but is expected in the near future. The planning Board will be revisiting SEQRA because of the changes in the Stormwater management plan, ie using detention ponds instead of the wetland area for stormwater storage. Peter Stein had question on how communication between PB and TB is coordinated . Director of Planning provides staff liaison, Peter asked Jonathan to join the meeting. Reviewed the 3 -28 draft of the RFP prepared by Peter Stein which included comments by Susan Brock and Kate Hackett . • Minor comments regarding language • Herb was concerned regarding the groundwater evaluation task and potential effort and cost required, limits were clarified by the scope task of reviewing existing information • Need to add to task list : What are impacts of ponds on ground water and what: effect does existing water table have on capacity and effectiveness of the detention ponds . The committee discussed a list of consultants, which Peter had prepared from input from Kate Hackett, Susan Brock and Dan Walker. Inclusion of a local consultant is important along with the Out of Town consultants . The Committee agreed that the RFP would be sent to the following Consultants : • Stearns and Wheler, Cazenovia, NY • Barton and Loguidice, Syracuse, NY • T. G . Miller, Ithaca, NY • Milone and MacBroom , Cheshire, CT The committee instructed Dan to complete the RFP and send it out immediately to the consultants . The return date for the proposals was set for April 13 , 2007 . The next meeting of the committee was set for April 16 at 8 : 30 am to review the proposals . ] :\Development Review\Brairwood 1150 Lot\Consultant Search Committee meeting 3-29-07.doc DWalkerAD Page 1 4/9/2007 OF 1 P E� 99 - - TOWN OF ITHACA 215 N . Tioga Street , Ithaca , N . Y . 14850 www . town . ithamny.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 March 29 , 2007 Ken Knutsen Barton and Loguidice, P . C . 290 Elwood Davis Road Box 3107 Syracuse, NY 13220 Re : Request for Proposal for Northeast Ithaca Stormwater Management and Drainage Study Dear Ken : The Town Board of the Town of Ithaca wishes to have an independent study of possible impacts of the 50 Lot Briarwood II Subdivision on drainage, stormwater and base flows and water table levels , particularly as they affect residents, property, and infrastructure in the vicinity of the Subdivision . The Subdivision has received preliminary. approval from the Town of Ithaca Planning Board with many conditions including a stormwater management plan . Many residents of the Northeast Ithaca area have complained of existing drainage problems, which they believe have been exacerbated by past development, including but not limited to : • Increased basement flooding • Increase in soil saturation caused by higher water table • Yard flooding • Increased flows and flow duration in road ditches • Damaged and washed out driveway culverts • Dead trees presumably caused by soil saturation • Increased flows in streams through their property The Town Engineering and Public Works Staff have been working on a storm water management plan in conjunction with the NYSDEC Phase 2 stormwater MS4 Permit requirements. Work elements that are in progress or have been completed include mapping of stormwater structures and outfalls, development of a watershed model , and planning and implementation of various improvements . Tompkins County has been planning a reconstruction of Nanshaw Road including the stormwater drainage system and the Town has provided stormwater model information for that project. C:\DOCUME- 1 \DWALKE- 1 .TIN\LOCALS- 1 \Temp\BL Request For Proposal-032907 NE AREA.doc DWalkerAD Page 1 4/9/2007 The Town Board wishes to retain the services of an engineering consultant to (a) explore potential water resources related impacts related to the proposed development in addition to peak flows of stormwater (such as possible changes in water table levels and natural drainage courses utilizing existing information), (b) to evaluate the claims by residents living in the vicinity of the Briarwood II development that past development in the Northeast area has caused drainage problems , and their concerns that the proposed Briarwood II development will exacerbate those problems, and (c) to evaluate the efficacy of the Stormwater Management Plan submitted by the Developer and its likely impact on downstream properties and to make recommendations for improvement . The proposal from the consultant must include : • Statement of qualification and experience in similar projects that include drainage and water table issues in addition to stormwater management analysis and planning. • Identification of individuals to be assigned to the project and statement of qualifications of individuals and resources assigned to the project . • Statement of general and technical approach, including a description of the recommended process and considerations for completing the assessment . • A preliminary estimate of cost and Time required to complete the report . The scope of work for the Evaluation will include : • Review of current watershed and water resources related information • Review of soils and geology of the area including available water table information • Review of water problem comments received from residents and an assessment of whether or not proximate development has contributed to these problems • Evaluation of the Proposed Briarwood Stormwater Management Plan o Assessment of overall site design and Stormwater Management Concepts o Evaluation of compliance with State stormwater management criteria. o Detailed analysis of hydrologic and hydraulic calculations o Evaluation of the efficacy of proposed detention ponds given water tables in the area • Evaluation of impacts of the proposed subdivision on the geohydrology of the area and on drainage problems for upstream and downstream residents Time is of the essence for this evaluation, and the consultant proposal is requested by April 13 , 2007 . The proposal may be submitted electronically to the attention of Daniel R . Walker, Town Engineer at DWalker�town .ithaca.ny.us . If you have any questions please contact Dan Walker at the above email or by phone; at ( 607)273 - 1747 Sincerely Yours, Daniel R . Walker, P . E . Director of Engineering C:\DOCUME- 1 \DWALKE-1 .TIN\LOCALS- 1 \Temp\BL Request For Proposal-032907 NE AREA.doc DWalkerAD Page 2 4/9/2007 TOWN CLERK' S MONTHLY REPORT Agenda # 1 TOWN OF ITHACA, NEW YORK MARCH, 2007 ATTACHMENT # 4 THE SUPERVISOR: PAGE 1 f 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 ayment of which are otherwise provided for by Law: A1255 8 MARRIAGE LICENSES NO. 07009 TO 07016 140 .00 7 MISC. COPIES 48 . 75 7 TAX SEARCH 35 .00 1 ZONING MAP 0 .25 4 USE OF PARKS & BLDG 95 .00 5 MARRIAGE TRANSCRIPT 45 . 00 1 SAFETY DEPOSIT FEE 50. 00 TOTAL TOWN CLERK FEES 414.00 A1557 1 SPCA IMPOUND FEES 10.00 TOTAL A1557 10.00 A2544 DOG LICENSES 536 .95 TOTAL A2544 536.95 0 19 BUILDING PERMIT 33980 . 00 4 FIRE SAFETY INSPECTIONS 200 . 00 1 ZONING BOARD MTG 100. 00 7 TEMP CERTIFICATE OCCUP 13667 . 50 1 OPERATING PERMIT 700.00 TOTAL B2110 69647.50 B2115 2 SITE PLAN FINAL PLAN 650.00 1 ADD. MTG. FEE AGENDA PRO 30.00 I ASS . MTG. FEE P.H. PROCE 50 .00 TOTAL B2115 730.00 TOWN CLERK' S MONTHLY REPORT MARCH, 2007 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 960 .95 PAID TO SUPERVISOR FOR PART TOWN FUND 77377 . 50 PAID TO COUNTY TREASURER FOR DOG LICENSES 103 .05 PAID TO AG & MARKETS FOR DOG LICENSES 15 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 180 .00 TOTAL DISBURSEMENTS 89636.50 � � 1 APRIL 2, 2007 SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public TOWN OF ITHACA Public Works Department' s Monthly Board Report March for April 9, 2007 Meeting ROADS ♦ We continued to have to plow snow and salt roads for most of the month. ♦ Several heavy rains required us to check all storm water .structures and culverts to prevent blockages, which could cause flooding. We experienced only a few isolated problems during the period when the snow pack melted . ♦ Road salt was mixed; plow trucks and equipment serviced . ♦ Annual hearing tests for Public Works staff were performed at Ithaca College . ♦ Potholes and water break trenches were cold patched several times during March. ♦ Crushed limestone was stockpiled . ♦ Numerous signs were installed . ♦ Fabricated a chipping/ leaf-vacuuming box for new ten-wheeled dump truck . ♦ Training sessions on Project Management and Leadership Skills and annual required training were accomplished . We began a piping project on Haller Boulevard . Several culverts were replaced on Culver Road . A survey for locating the Town' s right-of-way at the end of Fidler Road was dome so we can design a better turn-around . 4 Several employees attended a first aid and adult CPR training program. PARKS AND TRAILS ❑ Snow removal at Town Hall and the commuter trails was worked on. ❑ Inspected trails for drainage obstructions . ❑ Weekly site checks and garbage removal was completed . ❑ Fertilizer and lime were applied to the Tutelo ball field . ❑ Routed trail identification signs were constructed in our woodshop for the William and Hannah Pew Trail entrances . Our Summer Youth Corp . will install them later in the year . ❑ Spring clean ups were started at all sites . WATER ■ Inspection of the installation of the water line at Larisa Lane . ■ We repaired water main breaks on Northview Road, Hanshaw Road, and Salem Drive . We repaired leaking water pipe fittings in Coy Glen Pump Station. We replaced a meter in the Regency Pump Station. We repaired a hydrant on Coddington Road . We assisted Bolton Point at the PRV on Stone Quarry Road . ■ Our Engineering Technicians designed a section of T-Main to be replaced behind Winner' s . Circle. SEWER o Weekly pump station checks were performed . a 58 DSNY mark-outs were done in March for Town-owned sewer . o Several employees attended a DSNY seminar in Montour Falls . o We replaced a sewer air release valve on Route 13A . o Several staff members attended a training session at Cornell University on Arcview software for GIS mapping. April Projects 1 . Spring brush and leaf pick up starting the week of April 16th . 2 . Three seasonal laborers begin working. 3 . Finial preparation of Tutelo Park ball field prior to May 5th opening day 4 . Spring lawn repairs from water breaks and snow plow damage . 5 . Begin ditching and cutting shoulders on roads to be paved and other problem areas. 6 . Begin replacing culverts on Stone Quarry Road to prepare for paving. ghk ;. OFIp ° a TOWN OF ITHACA PLANNING DEPARTMENT 18 21 215 NORTH TIOGA STREET, ITHACA, N . Y . 14850 Jonathan Kanter, A.LC.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for April 9 2007 Town Board Meeting DEVELOPMENT REVIEW March 6 2007 Planning Board Meeting : Barrett 2 -Lot Subdivision , 133 & 135 West-view Lane : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 133 & 135 Westview Lane, Town of Ithaca Tax Parcel No . 58 -2 - 39 . 48 , Medium Density Residential Zone . The proposal involves subdividing the +/- 20,230 square foot property into two lots where each unit of the existing duplex will be on an individual lot . Jonathan & Kimberly Barrett, Owners/Applicants . Ithaca Baptist Church Day Care Center, 1462 Slaterville Road : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed day care center at the Ithaca Baptist Church located at 1462 Slaterville Road (NYS Route 79), Town of Ithaca Tax Parcel No . 58 -2 -22 . 3 , Medium Density Residential Zone . The proposal involves using several of the existing rooms within the Ithaca Baptist Church building for a day care center for up to 10 children . There are no changes proposed to the exterior of the building as part of this project . Ithaca Baptist Church, Owner/Applicant ; Dr. Guy Kinney, Pastor, Agent . Ithaca College Gateway Building — Modification of Condition, Danby Road : The Planning Board approved a modification of condition " 1 .b . " of the Planning Board ' s Resolution for Site Plan Approval for the Ithaca College Gateway Building, granted October 17 , 2006 , Town of Ithaca Tax Parcel No . ' s 41 - 1 -30 . 2 and 41 - 1 -30 .4 , Medium Density Residential Zone. Said condition required that the submission of the stormwater "Operation , Maintenance, and Reporting Agreement" occur prior to the issuance of a building permit . The condition was modified to allow the stormwater agreement to be submitted prior to the issuance of a Final Certificate of Occupancy. Ithaca College, Owner/Applicant ; Richard Couture, Agent. Ithaca College Athletic & Events Center — SEQR Determination , Ithaca College Campus : The Planning Board issued a Positive Declaration of Environmental Significance for the proposed Ithaca College Athletic and Events Center located on the eastern side of the Ithaca College campus near the Coddington Road campus entrance, Town of Ithaca Tax Parcel No . ' s 41 - 1 -30 . 2 , 41 - 1 -24 , and 42 - 1 - 9 . 2 , Medium Density Residential Zone (see previous description under Jan . 16`h meeting for details of the proposal) . This determination requires the preparation of an Environmental Impact Statement (EIS) to evaluate any potentially significant environmental impacts of the proposal . Ithaca College had previously indicated their intent to prepare a Draft EIS to evaluate potential environmental impacts of the project. The Planning Board also established itself as Lead Agency to coordinate the environmental review of the project. Ithaca College, Owner/Applicant ; Richard Couture, Agent. ToM n `oIt7aaca Plannang l?trecLor 'seport Apt�l 9200<7 Tovvnrd�Meettng� b , , � March 20 . 2007 Planning Board Meeting : Montessori Middle School Addition & Renovations , 122 King Road East : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed addition and renovations to the Elizabeth Ann Clune Montessori Middle School building located at 122 King Road East. Town of Ithaca Tax Parcel No . 43 - 1 - 3 . 6 . Medium Density Residential Zone. The proposal involves a +/- 765 square foot addition on the north side of the existing Middle School building (blue house) , conversion of the existing garage into classroom space, and other interior renovations and changes . Elizabeth Ann Clune Montessori School , Owner/Applicant ; Ernie Bayles, Architect, Agent. Longview Special Care Addition , 1 Bella Vista Drive : The Planning Board granted Preliminary Site Plan Approval and issued an affinnative recommendation to the Town Board regarding a zoning amendment for the proposed Skilled Nursing / Adult Care Addition at Longview, an Ithacare Community, located at 1 Bella Vista Drive. Town of Ithaca Tax Parcel No . 39- 1 - 1 . 31 , Planned Development Zone No . 7 . The proposal involves the construction of a +/-24 , 700 square foot addition on the north side of the existing building with +/- 32 living units . The proposal will also include approximately l I new parking spaces ( and an area reserved for future parking if needed), a new driveway, new walkways , and additional stornnvater facilities . The Town .Board had referred the proposed zoning amendment of Planned Development Zone No . 7 to the Planning Board for a recommendation . Ithacare Center Service Company, Inc . , Owner/Applicant ; Mark A . Macera, Executive Director, Agent . Reviews for Zoning Board ( ZBA ) : Two applications for the Zoning Board were processed since the March report as follows : March 19 , 2007 ZBA Meeting : ( 1 ) a height variance was granted to permit the Shrine Hall to exceed the maximum height penmitted (44+/- feet proposed , 38 feet from lowest interior grade permitted) . and sprinkler variances were granted to allow the construction of the Shrine Hall and a Bath House without the required sprinklers , located on Tibbett Drive off Danby Road , Medium Density Residential Zone, Namgayal Monastery; Appellant, Scott Tobey, Agent ; _ and (2 ) an earlier condition of special approval limiting the occupancy of the Montessori Middle School building to no more than 30 people was deleted , thereby pennitting the addition and renovations of the building, intended to accommodate 44 people, located at 122 East King Road , Medium Density Residential Zone; Montessori Middle School . Appellant, Ernie Bayles, Agent . CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month . Comprehensive Plan Review Committee : The first meeting of the new Comprehensive Plan Review Committee was held on Thursday, March 8 , 2007 . The agenda included discussion regarding goals , objectives and work plan of the Committee, discussion regarding the overall timeframe of the Plan review process , and a meeting schedule for the remainder of 2007 . The Committee agreed that a reasonable target for completing recommendations to the Town Board regarding an update would 2 '1oiv of,V! th�acaPlannangDirectorsRe�io t ` k` Apnl9' 2007TownBoardlVleetingk be September 2007 . The next Committee meeting is scheduled for Monday, April 16, 2007 at 4 : 00 p .m . Codes and Ordinances Committee ( COQ : The Committee met on March 21St, 2007 to review a draft local law regarding amateur radio facilities , consider amending the definition of yards in the Zoning Code, and discuss possible regulations regarding wind energy facilities . The next COC meeting is scheduled for April 18 , 2007 . Tentative agenda items include review of revised draft local law regarding amateur radio facilities, continuation of discussion of regulations regarding wind energy facilities , and report on preliminary comments received regarding draft stream setback law . Transportation Committee/Transport ation Plan : The Transportation Committee met on :March 26, 2007 to review the revised Plan , including the incorporation of several revisions discussed at the February 23rd meeting. The Committee agreed that the Plan is ready for consideration of adoption by the Town Board . The proposed tirneframe would be to send the revised Plan to the Town Board at the April 91h meeting for consideration to schedule a public hearing on the Plan (proposed for the regular Town Board meeting on May 7th , 2007 ) , and to hold the public hearing, make a SEQR determination, and consider adoption of the Plan on May 7th (see related agenda item) . The Committee also discussed the final draft of the Forest Home Traffic Calming Plan (Feb . 1 , 2007) , and agreed to complete a preliminary review of the report at the next meeting, which is scheduled for Wednesday.. April 25 , 2007 at 4 : 00 p .m . (copies of the FH Traffic Calming Plan are available in the Planning Department if other Town Board members are interested in seeing it at this point) . The Committee also discussed possible work plan priorities for 2007, and agreed on a list of seven items (refer to the attached copy of Transportation Committee Work Plan Priorities for 2007) . Conservation Board : The Conservation Board met on March 1 , 2007 to discuss the status ofcommittee work, including that of the Scenic Resources Committee, plans for the Richard Fischer Award for the upcoming year, and discussion of possible goals for a tree/forest protection ordinance. The Scenic Resources Committee prepared an insert for the Spring Newsletter summarizing the scenic resource inventory and analysis and including information to generate public interest and obtain resident ' s input in identifying important scenic locations, and prepared a display with information on the Town ' s scenic resources that has been set up in the lobby in Town Hall . The next Conservation Board meeting is scheduled for April 5 , 2007 . Cornell T-LEIS : Meetings of the Cornell T-LEIS Project Team and Resource Committee continue, with most recent meetings on March 22nd and March 28th, 2007 respectively. The consultants are continuing work on the Cornell growth scenarios and transportation impact analysis, with focus on possible mitigation strategies being developed . Another set of Neighborhood Workshops (open house format) is being scheduled — the first to be held on Tuesday, April 17, 2007 from 4 : 00 p .m . to 7 :00 p.m, at the Borg Warner Room in the County Library, and the second to be held on Wednesday, April 18 , 2007 from 4 : 00 p .m . to 7 : 00 p .m . at the Best Western University Inn at East Hill Plaza. The focus of the workshops will be to present the preliminary results of the neighborhood analyses that were conducted late last year and provide another opportunity for feedback from the neighborhoods. 3 uTiii��ai `o�ItJ�aca�Planning Di3`eslor�c=Reliflrl ��� �I . Ap� il'�9;�20f�� To1���Boa� rlllleeling� � , �� �� ° I North Campus Gateway Committee : As a result of the Cornell Master Plan process .. the T- GELS , and the proposed Cornell Day Care Center adjacent to A - Lot off of Pleasant Grove Road . there is renewed interest by the Town of Ithaca . Cornell . and the other participants in following up on the proposals and recommendations in the North Campus Gateway Study that was coordinated by the ITCTC several years ago . The Study recommended a number of improvements around the North Campus area, including the possible construction of a new road near A - Lot to channel traffic more directly toward the Cornell campus , thereby helping to reduce traffic goino. through Forest Home . Town officials have . met with Cornell representatives several times over the past month to make sure that the proposed Day Care Center will not preclude the opportunity for a North Campus Gateway road and other enhancements such as a \% isitor Center and new sips to focus traffic more directly into the campus . The ITCTC coordinated a meeting of the North Campus Gate\Nlay Committee, held on March 12 , 2007 , including representatives fi-om Cornell . the Town of Ithaca . City of Ithaca. Village of Cayuga Heights and Tompkins County . A meeting was held on March 30 , 2007 with representatives fi-om the Town and Cite of Ithaca. Cayuga Heights and Cornell with the Cornell Master Plan consultants to coordinate efforts of the North Campus Gateway Study with the Cornell Campus Master Plan . Sprin ( 2007 Newsletter : The Newsletter was completed , printed and mailed to residents during the week of March 26'h . Featured articles included reports on the Transportation Plan and Comprehensive Plan Review . The Conservation Board ' s insert regarding the Scenic View inventory and evaluation was included. Nev,; Play Structure at Eastern Heights Park : As a follow up to the receipt last year of a State grant for the installation of new play structures in three To \N-n parks . Planning staff has been working with the Parks Manager on plans for the new play structure to be installed this year at Eastern Heights Park . Assistance has included grant administration follow - up and preparation of a site plan for submission to the Planning Board for the necessary approval . Stormwater Coalition of Tompkins County : Planning staff continues to attend meetings of the Stonmwater Coalition . and is working on a draft StonmNvater law that will be ready for review by the appropriate Town comtnittee( s) in the near future . Staff is also preparing the required Annual Report on the stormwater manaeement program that xvill be due in June . Gatewav Trail : Planning staff just heard from State DOT on the status of the Gateway Trail Pro) ect and the grant contract material . The State DOT grant coordinator received the required material from Albany and is putting together the contract agreement and other materials he needs to prepare . We should receive something in the next couple of weeks . i , 4 f TOWN OF ITHACA TRANSPORTATION COMMITTEE `— WORK PLAN PRIORITIES FOR 2007 • Complete Transportation Plan • Recommend Adoption of Official Map (with revisions if necessary) • Review and Comment on Forest Home Traffic Calming Plan • Complete Participation in Northeast Walkability Study • Begin Working with TCAT on Bus Route/Service Enhancements in Town of Ithaca • Provide Further Input on Cornell T-GEIS • West Hill Trail Connections into City of Ithaca Town of Ithaca Planning Department March 19, 2007 (Revised March 26 , 2007) Town of Ithaca Building and Zoning Monthly Report 3/1 /07 Until 3/31 /07 Building Permits BP # Date Value Description fee category 6819 3/13/2007 $ 110 ,000 .00 Construct study, bath , mudroom addition $350 .00 additions to on existing structure residential 6820 3/15/2007 $5 ,000 . 00 Remodel kitchen including removal of $35. 00 renovations to non-bearing walls residential 6821 3121 /2007 $ 19 ,000 . 00 Finish second floor of modular home $60 .00 renovations to residential 6822 3/22/2007 $70 .00 Convert existing two-family residence $25.00 conversions of use into two single-family dwelling units 6822 3/22/2007 $70 .00 Convert existing two-family residence $25. 00 conversions of use into two single-family dwelling units 6823 3/27/2007 $30, 000 . 00 Remodel kitchen and reinforce structure $70 .00 renovations to residential 6824 3/29/2007 $60 ,000 .00 256 square foot family addition with $200 .00 additions to basement storage area residential 6825 3/30/2007 $5,900 .00 Replacement deck $45. 00 additions to residential 6826 3/30/2007 $33 ,000 .00 Rear deck and interior remodeling $ 100 .00 additions to residential Totals $263,040 .00 $910 .00 Certificates of Occupancy BP # Address ( Description CO Temp 6648 730 Elm St Ext 'Two bedroom single-family residence 3/2/2007 ❑ 6807 950 Danby Rd Wall partitions for Parks Law Office suite 3/5/2007 ❑ 230 6544 203 Salem Dr Renovate basement 3/5/2007 ❑ 6548 301 Old Gorge Rd Finish basement space ( including 3/9/2007 ❑ bathroom and bedroom) 6683 106 Wiedmaier Ct New two-family home with attached 3/14/2007 ❑ garage 6687 887 Taughannock Blvd Construct wraparound deck along north 3/21 /2007 ❑ & east side of existing structure 6798 201 Bostwick Rd New 3 bedroom single-family home with 3/23/2007 ❑�/ attached 2-car garage 6602 108 Southwoods Dr 5 bedroom single-family home with 3/23/2007 attached garage 6689 305 Birchwood Dr N 360 square foot addition 3/26/2007 ❑ Wednesday, April 04 , 2007 Page 1 Town of Ithaca Building and Zoning Monthly Report 3/1 /07 Until 3/31 /07 6170 114 Briarwood Dr New 3 bedroom single-family home with 3/26/2007 ❑ attached garage 6781 272 Hungerford Hill Rd Reconstruction for Wildlife Health Center 3128/2007 ❑ 6635 . 351 West Hill Cir 8 unit multiple dwelling (Bldg 14) 3/28/2007 6701 125 Christopher Cir 138 square foot porch addition 3/30/2007 ❑ Complaints Date Address Complaint Type Disposition 3/1 /2007 Rachel Carson Wy building code Pending 3/8/2007 101 Harris B . Dates Dr building code Pending 3/9/2007 238 Bundy Rd building code Abated 3/15/2007 869 Taughannock Blvd zoning use No Violation Found 3/22/2007 118 Honness Ln building code Abated Existing Building CO Field Visits Building Code 47 Complaint/Investigation 2 Fire Safety 14 Fire Emergency 0 Total 63 . Wednesday, April 04 , 2007 Page 2 04/02/2007 TOWN OF ITHACA 11 : 58 :49 B2110 - B2110 Transaction Report For the period 03 /01 /2007 through 03 /31 /2007 We Date Comment Name Quantity Fee B2110 I . BP 03/02/2007 31-2-3 . 1 KNEWSTUB , RON 1 70 .00 2 . BP 03/02/2007 33 .-3 -8. 10 TEMPLE, KATHRYN 1 60.00 3 . BP 03/06/2007 39.- 1 - 1 .2 SOUTH HILL BUSINESS 1 550.00 CAMPUS 4 . BP 03/09/2007 9 PHEASANT LANE MONKMAN 1 35 .00 5 . 13P 03/ 13/2007 24.- 1 - 17. 12 CROWN CONSTRUCTION 1 100 .00 6. BP 03/ 15/2007 36.-2-3 .25 WESTVIEW PARTNERS LLC 1 350.00 7 . BP 03/ 15/2007 43 .- 1 -3 .6 ELIZABETH ANN CLUNE 1 850 .00 MONTESSORI 8 . BP 03/ 16/2007 58.-2-39.681 SLEEPER, ANDREW 1 25 .00 9 . BP 03/20/2007 56.-3- 13 .26 YOUNG, VICTOR AND 1 200.00 PAULA IO . BP 03 /21 /2007 68 .- 1 -9 LECHASE - CORNELL 1 100.00 11 . BP 03/21 /2007 25 .-2- 16 SCHAYE, ADAM 1 70 .00 12 . BP 03/22/2007 28.- 1 -28.222 MOUNTIN, DAVE & SARAH 1 70 .00 13 . 13P 03/23/2007 46.- 1 - 15 . 14 CLARK, JIM 1 350.00 14. BP 03/26/2007 27.- 1 - 11 .4 ALTERRA 1 35 .00 15 . BP 03/27/2007 71 .- 1 - 11 . 59 TOMIC, IVAN 1 70.00 16 03/27/2007 60.4 -24 MICIC, VLADIMIR & CASE, 1 45 .00 HOLLY 1 03/27/2007 39.- 1 - 1 .2 , SUITE 104 SOUTH HILL BUSINESS 1 45 .00 CAMPUS 1 03 /28/2007 28•- 1 -28 .222 MOUNTIN, DAVE & SARAH 1 30 .00 19. BP 03/28/2007 54. -7-35.2 IACOVELLI, ORLANDO 1 25 .00 19 35980.00 20 . FSI 03/05/2007 72.- 1 - 1 .7 CHURCH LATTER-DAY 1 50 .00 SAINTS 21 . FSI 03/ 12/2007 62.-2- 1 .22 BURGER KING 1 50.00 22 . FSI 03/ 16/2007 31 .-2-30 IAL, INC. 1 50 .00 23 . FSI 03/20/2007 58.-2-39.6 LITTLE FEET MONTESSORI 1 50 .00 LEARN 4 200.00 24. OP 03/ 19/2007 27 .- 1 - 13 . 14 LINDERMAN CREEK APT I 1 700.00 1 700.00 25 . TCO 03/01 /2007 31 .-2- 15 ZIFCHOCK, MARK 1 30.00 26 . TCO 03/02/2007 28 .- 1 -28 .224 HOEPFINGER & BENEWAY 1 175 .00 27. TCO 03/16/2007 28. 1 - 1 - 18 ECOVILLAGE - SONG 1 350.00 28 . TCO 03/22/2007 31 .4-6.4 COLLEGEVIEW HOMES , 1 275 .00 LLC 29. TCO 03/23/2007 71 .-5-2 VAN ECK, NICHOLAS AND 1 62 . 50 JOYCE 3 O 03/28/2007 24.-4- 14.24 OVERLOOK AT WESTHILL 1 500.00 61 .- 1 -8. 16 WARD, DEBRA 1 275 .00 7 1 ,667.50 32 . ZBM 03/20/2007 43 .4 -3 .2 SKYRISE FOR COLLEGE I 100.00 CROSSINGS Page: I f Type Date Comment Name Quantity Fee 1 100.00 Total Sales 32 46M7 Page: I a o Regular Meeting of the Ithaca Town Board , April 9 , 2007 Human IResources Report for March 2007 Personnel Committee : Committee discussed items that came up through the Employee Relations Committee . Safety Toed Shoes allowance was recommended to increase from $ 100 to $ 125 . Employee Sponsored Functions policy will remain on hold until there becomes an attendance problem at the picnic . Sick time policy which requires a note before returning to work after 3 days out , was recommend to change to " more than 3 consecutive days . " Other topics put on hold until all members of the committee can attend . The Salary survey which requests salary information has been sent out to 57 municipalities across New York State . Preliminary work has started to organize that information . I have also been working on a salary classification program for Bolton Point, Safety Committee : Committee does not meet in March . Training and Development : March was a busy month for training . The annual first aid / CPR course was arranged . One class was on March 27th and the 2nd class will be April 5th : These classes are offered free to the employees . The Brainteaser offered in March was "Building Confidence through Assertive Communication . " Excel Level 2 and Access Level 1 class registration was sent out . These courses will be held in April . Public Works had 2 days of training . March 23rd was leadership training involving plan development for storm water management . March 30 was the annual safety training and indoor picnic . I attended the training and provided the annual required Sexual Harassment Awareness training and Violence in the Workplace Awareness training . Personnel — Civil Service : Pam VanGelder, Finance Manager at Bolton Point started March 5th The part time account clerk typist at Bolton Point did not meet the performance level needed , so March 23rd , she was let go . We have since advertised for the! position as no one on the current list is interested in part time work . Seasonal positions at Public Works . The recruitment for the seasonal positions at Public Works has begun . There is 6 full time 25 week positions budgeted , however we fill some of the positions with college students who will work for less time . The Town also provides work opportunities for youth during the summer working with the Public Works employees . P I represented the Town at Cornell ' s Government and Nonprofit career fair. This gives I us the opportunity to do recruitment for our intern and work study positions . Commercial Insurance ( Ithaca Agency — NYMIR Insurance Company) : Tom Weisbeck , NYMIR , met with Fred and I to do a risk assessment evaluation of the Town and Town facilities . Attached is a copy of Tom ' s finding . Overall , he was very impressed with the Town and our level of commitment to safety for the residents and employees . No claims have been reported for 2007 . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) : No claims have been reported for 2007 . Disability Insurance : No current claims . Unemployment Insurance : There is one person claiming currently , and he will be returning to work this spring as a seasonal laborer. Others : David Coulon , IRS auditor has been on site completing a 1099 - payroll audit. He will be returning in April to complete and summarize his findings . At this time no big issues have been brought to our attention . Submitted By : Judith C . Drake , PHR Human Resources Manager i7 r t i NEW YORK MUNICIPAL INSURANCE RECIPROCAL Insuring Our Own Future. 333 EARLE Ovington Blvd., Suite 505 24 Aviation Road, Suite 206 Uniondale, NY 11553 Albany, NY, 12205 (516) 227-2300 • (800) NYMIR05 (518) 437-1171 (516) 227-2352 Fax (518) 437-1182 Fax 3/12/2007 VAN Ms. Judy Drake Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 tp Re: Recommendations for Town of Ithaca yp 040 V Dear Ms. Drake: I would like to thank you and the staff for affording me the opportunity to perform an underwripg si; ey of our municipality. Since ou are a subscribing member of the New York Municipal Insurance Reciprocal, is Y g imperative that the proper time and attention be devoted to providing a safe environment for officials, emplo and others who use of visit your facilities. Careful consideration should be given to methods of preventing a minimizing losses and accidents, which could result in bodily injury and property damage. I have attached a list of recommendations generated from the survey. These recommendations are not a substitute for the safety efforts and daily observations of your employees. This report does not imply that other hazardous conditions do not exist and we assume no responsibility for the implementation of these recommendations. NYMIR uses this report solely for underwriting purposes. After you have had a chance to review this report, kindly provide a written response within 60 days indicating your thoughts or plan of action with regards to the recommendations. Should you have any questions, please feel free to I contact me at 716-937-6001 . Yours truly, F g fiom w W d3 kA Senior Loss Control Specialist Attachment Eastern Shore Associates Shannon Velasquez 101 Cayuga Street P.O. Box 480 Fulton, NY 13069 s. r F I' z s I 3 t' i e � m m o --� N c ° ° � . - �• o i CL N r 8C o ID _ o :rd m � 80 0 m N c v m on ° m m i r awi m n N X co HN m t 3 r (A CL 0 V V V v • 0 g Ob p p q! Z y (A 3 d `\ co ra ° tJ„j O N m N A ° — 7r yCy m °c to=r 3 to m m m K � NI co s rn T r ' ° 0 4 m m a m � CD CD CD m m `° 3 c ` a c l ' m m m c m �' m m L c, ro °' c a , °I 3' °' -- rn m C" y �' = c Z a i m c B t3 v N v° d c� a s n °� m S c'o g w Q 5 -8 ?3 CL c ;T 0 S o R Q , � Dm. m a a w sm s ti m rL N o s' N m g m m t� m m c > > N m 7 Z) 7 N LS y r 3 CL w o _a -0 s r a 3 m 2 n m rt o m o .Z w o t� co �' w 10 c = 1° D a]to 0 ao m E w m u a = m a w Q m in (/� N N fa a N . wN . 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E� W y W m N N O -a a ° Z 7 ' N 7 ° o w O Q w Wool, (D oo9l CL 3 9 H �44"i 'o c v So 0 o,0000 to w =r ED c g o El < 13 o m 3� _ N tli o < so C `2 a L to v S' ° o m 3 m m Cie1 .O c + N 2 cam.' : . ° 0 0 Q w 4 O 3. O ...j N �Q�, co N April 9 , 2007 Town Board Meeting ATTACHMENT # 5 �� OFIr��v TOWN OF ITHACA 1821` , 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 4 www . town . ithaca . ny . us TOWN CLERK' S OFFICE PHONE (607 ) 273- 1721 FAX (607) 273-5854 MEMORANDUM DATE : March 30 , 2007 TO : Town Board FROM : Town Clerk' s Office RE : Records Storage Agreement Don Barber contacted me about renting records storage space at Town Hall for some Town of Caroline records . The Town has many cubic feet of storage space available in the inactive records storage room and rental of the unused space has been under discussion for many years . In the past , we have rented space to the History Center for storage of glass slides during the construction of their new space . Currently, we house close to 100 cubic feet of records for the Ithaca Fire Department . The Town ' s records storage areas were outfitted with shelving purchased using funding from a State records management grant and at that time opening the space to others in the community was a consideration . The Clerks Office , with the help of John Barney , drafted a records storage rental agreement back in 2003 . 1 have attached a copy to this memo for Board review. Please review the proposed agreement in light of Mr. Barber' s request . I will be happy to answer any questions at the April meeting . Tee-Ann Hunter DRAFT #4 clusive of Comments Made by RMAC Members at 05/2003 Mtg . TOWN OF ITHACA RENTAL OF INACTIVE STORAGE SPACE POLICY STATEMENT The Town of Ithaca will offer for rent a portion of their inactive records storage space ; that portion to be determined by the Town on an annual basis . Space will be offered to Tompkins County municipalities and governmental agencies , and community service organizations . The Lessee will be required to sign an annual rental agreement which contains the terms and conditions . All rental agreements will be approved by the Town Board . ( See attached sample agreement ) The Town of Ithaca follows the New York State Archives and Records Administration ARA) guidelines . The terms and conditions in Attachment "A" promote those idelines . tuL . 1 DRAFT #4 clusive of Comments Made by RMAC Members at 05/2003 Mtg . TOWN OF ITHACA RENTAL OF INACTIVE STORAGE SPACE AGREEMENT is leasing municipality ( lessee) address cubic feet of record storage space , in the inactive records storage room , from the Town of Ithaca ( lessor) at 215 North Tioga Street, Ithaca , New York 14850 . For a period of time commencing and ending The lessee agrees to the following terms and conditions : A . Condition & Storage of Records 1 . All records must be stored in 1 cubic foot boxes . 2 . All boxes must be labeled and their contents indexed . 3 . All records must be free of dust , mold and vermin . 4 . The Records Storage Room ( Premises) shall be used solely as a storage for documents , papers , books , pictures , and other paper and/or magnetic media materials and for no other purposes . 5 . NO hazardous or toxic materials , including without limitation petroleum or chemical products , asbestos , and lead , will be stored on the Premises at any time . 6 . NO Vital Records , defined as those records that are essential to the continued functioning of an organization during and after an emergency . 7 . The Town reserves the right to lease additional space to other parties . 8 . Lessee agrees that it will not touch , look at , open , or move any documents or other materials stored in the basement area by persons or entities other than the Lessee . 9 . Lessee agrees not to move documents beyond designated area leased . AML 10 . Lessee shall be granted access to the storage area only during usual business hours of the Town Hall . 2 DRAFT #4 Inclusive of Comments Made by RMAC Members at 05/2003 Mtg . 11 . . Access shall be obtained upon prior notice to the Town Clerk or his or her design and , if the Town so requires , shall only occur in the company of a representative . the Town . 12 . Lessee will not make any alterations , renovations , improvements or other installations in , on , or to the premises , or any part thereof. CckUt:�CCI �D� k U 13 . Lessee will repair promptly at its expense , any damage^to the Premises , the plumbing system , electrical system , exterior Premises or any other damages , and upon demand , shall reimburse Town , as additional rental for the cost of the repairs of any such damage not promptly repaired by Lessee . 14 . Lessee will not assign or sublet this agreement , in whole or in part. B . Number of Records & Length of Rental 1 . Each Lessee may rent up to 100 cubic feet @ the cost of $ 1 . 00 per cubic foot per month . The Lessee will be billed for storage on a quarterly basis . 2 . Storage space is available for up to a one year lease . 3 . Option to renew shall be exercised by the Lessee giving written notice to the To no later than 30 days before the expiration of the then existing term , of Lesse election to so renew. 4 . Either party may terminate lease at any time , with or without cause , by giving written notice of such termination to other party at least 30 days prior to the date of termination . 5 . Termination shall not relieve any party from any obligation or duty imposed hereunder which relates to an event that arose prior to termination . 6 . Termination shall not relieve lessee from indemnifying Town from any loss that is asserted by reason of an event that occurred prior to termination . C . Insurance 1 . Lessee will obtain and maintain at Lessee' s expense casualty , fire , and extended coverage insurance on any items stored in the premises . 2 . Lessee shall also obtain . and maintain at Lessee' s expense general liability insuran covering lessee and Town for any losses arising out of any activity related to su storage . 3 DRAFT #4 Inclusive of Comments Made by RMAC Members at 05/2003 Mtg . 3 . Lessee will obtain , maintain and pay all premiums due for workmen 's compensation , New York State disability , employer' s liability insurance , and any other employment- related insurance covering all of Lessee ' s employees , workers , contractors , and any insurance that will protect Town from any claims for unsafe working . conditions under the Labor Law of the State of New York , and any other similar worker' s protective legislation . 4 . At minimum , such insurance shall provide general liability , employer' s liability, and other general liability insurance protecting Lessee and Town in a minimum amount of at least $ 1 , 000 , 000 from personal injury or property damage claims . 5 . The casualty , fire , and other property insurance shall be payable to lessee as insured . 6 . Liability Insurance policies shall name both Town and Lessee as insureds . 7 . Nothing is intended to reduce the obligation of Lessee hereinafter set forth for the maintaining of liability insurance . 8 . Lessee shall provide copies of policies or certificates of such insurance . Defaults 1 . Failure of Lessee to pay any installment of rental within three (3) days of its due date ; or any other charges or amounts due hereunder, within five (5) days after the same is due hereunder. 2 . Default by Lessee in the performance or observance of any other covenant or agreement of this agreement (other than a default involving the payment of money) , which default is not cured within ten ( 10) days after the giving of notice thereof by Town . 3 . Upon occurrence and continuance of an event of default , Town , without notice to lessee in any instance may do any one or more of the following : a . Town may elect to terminate this agreement and the storage privileges granted herein by giving notice of such election to Lessee , and may remove lessee ' s possessions and property from the premises , and may store such property in a public warehouse or elsewhere at the cost of and for the account of Lessee without Town being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby . 4 DRAFT #4 Inclusive of Comments Made by RMAC Members at 05/2003 Mtg . b . Town may exercise any other legal or equitable right or remedy which it m have . 4 . All notices required hereunder shall be in writing addressed to the party receiving such notice at the address set forth at the beginning of lease agreement unless such address has been changed by written notice to the other party . Notices may also be personally delivered to the other party . I agree to abide by the above-mentioned terms of this agreement. ( lessee) STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : _TOWN OF ITHACA - - - - )- - - - -- - -- --- - — -- - - - Sworn to and subscribed before me this day of , 2003 . Notary Public Town Supervisor ( lessor) STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this day of , 2003 . Notary Public 5 � OFIT April 9 , 2007 Town Board Meeting - .--,- - .- .-,,. ATTACHMENT # 6 �9 Q -- _ TOWN OF ITHACA 18 21 215 NORTH TIOGA STREET , ITHACA, N . Y . 14850 MAR - 7 2001 >v www, town , ithaca , ny. us TOWN CLERK'S OFFICE - PHONE (607) 273=1721 FAX (607) 273=5854 - - TOWN OF ITHACA NOISE PERMIT APPLICATION NAME/ORGANIZATION : c PERSONS RESPONSIBLE FOR EVENT: fZ, L,L CIO UAA . Gvaa VmAlky s +e � Qtt s ADDRESS: °� 5 3 boNbY Q.aoc9 , .LC �-oca , N1 PHONE a7L! - 3 2: C NUMBER: ADDRESS OF PROPOSED EVENT : ct 5 3 � a ►s �jy R.ea� Lot %ota , Ky tPERTY _ /' OWNER: DATE PROPERTY OWNER NOTIFIED : DATE APPROVAL OF PROPERTY OWNER GIVEN : DATE /TIME SCHEDULE OF PROPOSED EVENT: ESTIMATED NUMBER OF PERSO11NS ATTENDING EVENT: adArDr 2 , Sob SIGNALA PERSON RESPONSIBLE FOR EVENT: REASONS FOR SUCH USAGE , f TI UN 'eLq, h( I `9 �� of "��� T'tLoco�, 11 > cxms-mLA I f a tro -t s xi w( -c"4 o ) 6 t- QN u NJ4 t. o kiw by tLc Town of Ithaca Noise Permit Approved May, 13, 2002 TB Resolution No. 2002-072 NS AND SPECIFICATIONS OF THE USE : LJ 1 1 t t . I S a Mg'W 'bJ!0 C) ts j loy -r � G4 LO.J01 JoA G �1 �lhDX � M � T « Do NOISE ABATEMENT AND CONTROL METHODS TO BE USED : Ft t.� wb ,. k� nes s • btu DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO THE ORDINANCE : tI MJES AND ADDRESSES OF NEIGHBORS NOTIFIED : _ES S IS GPI GMNVO I e V � � a' � �c� �' �G ) I�JQ-Q- 1J OGGURIN3 IMG NY rt Q k g 11 b s w) a Rt G w o ne a 1 L UTHORIZATION FOR PERMIT ( From Town Noise Ordinance) : Town of Ithaca Noise Permit Approved May, 13, 2002 TB Resolution No. 2002-072 I ere the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in its retion, is authorized to grant a permit for a specific waiver from the requirements of this Ordinance. Such vers shall be granted only in those circumstances where the applicant demonstrates that the waiver is essary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. A public hearing before the Town Board shall be held in connection with the application not less than five (5) days after publication of notice of such hearing in the Town 's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. " Applicant must conform to all provisions set forth in the "Ordinance Regulating Noise in the Town of Ithaca ". Please refer to the attached Noise Ordinance. THE UNDERSIGNED APPLICANT AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE, COMPLETE AND CORRECT: / SIGNATURE OF APPLICANT : DATE : (o ( 6 DATE APPLICATION RECEIVED BY TOWN CLERK: C{ V ��( , A6 DATE APPROVED BY TOWN OF ITHACA TOWN BOARD : SOLUTION NUMBER GRANTING AUTHORIZATION FOR PERMIT: Town of Ithaca Noise Permit Approved May, 13, 2002 TB Resolution No. 2002-072 AMERICAN FIREWORKS MFO . CO . INCm 716 Elizabeth Street - Utica , NY 13501 OFFICE : (315) 724-9487 = PLANT: (315) 733-3949 = FAX: (315) 7354202 World Wide Web Address : http : //www.americanfireworksdisplays. com E-Mail : sales @americanfireworksdisplays .com FIREWORKS CONTRACT THIS AGREEMENT entered into this 26h Day of January 2007 by and between the AMERICAN FIREWORKS MFG. CO. INC. , party of the first part, and Ithaca College Senior Class of 2007 party of the second part. WITNESSETH - In consideration of the mutual covenants and agreements hereinafter contained , it is agreed by and between the parties hereto as follows : The party of the first part agrees to furnish to said party of the second part at (Location) Yavits Field - Ithaca College, in a location to be designated by said party of the second part and approved by said first party, an exhibition of fireworks , as per program hereunto attached and made a part hereof. Both parties agree to enter into the certain hold harmless agreement attached hereto as Exhibit A and incorporated herein by reference. Date of Display: May 19, 2007 Description : Aerial display of fireworks includes insurance coverage, and all associated material, fireworks, labor. OIS ERflAIT fROM TOWN OF ITI AGNise M.115T BE PROG,URED AND IS TH ESPONSIaWIk'I`�Y O THE PO ;SOR PO?I_IC TIO, UST i3E MAO �i0.�7 EAST Di�►Y5"1N AD _ANCE The party of the first part agrees to furnish an experienced pyrotechnist and all labor necessary for said exhibition . e party of the first part agrees that in the event of inclement weather, a postponement may be made to the next clear night. Raindate e rr by both parties. . party of the second part agrees that if such exhibition is postponed hereinbefore stated and agreed upon , said second party will pay the party of the first part, all traveling and other expenses incurred by such , not to exceed 15% of the contract price . he said" party of the second part agrees to procure and furnish a suitable place to display said fireworks and to secure all Police , Fire, Local and State permits. The said party of' the second part agrees. to furnish necessary police, fire and sponsor protection for proper crowd control (auto damage to be the responsibility of the party of the first part) and proper supervision in clearing area of debris after display. Party of the second part agrees to provide a secure viewing area for spectators, roped off to keep the crowd at a safe viewing distance. Party of the second part assumes all responsibility for damage to tents, which are not fire resistant unless damage is caused by party of the first part. It is agreed and understood by the parties hereto that in the event the Fireworks have been set up and loaded , then such exhibition _will be carried out in the best possible manner without any deductions whatever from the hereinafter named compensation . It is also agreed and understood that if display is cancelled , the party of the second part will pay the party of the first part twenty five (25%) of the contract price unless such cancellation is caused by the party of the first part's acts or omissions. The party of the second part agrees to pay the party of the first part the sum of $3200 with the full balance due immediately after the performance, exhibition or delivery of fireworks . IN WITNESS WHEREOF the parties hereto have set their hands and seals the first day above written AMERICAN-FIREW - - Mfg . Co . ic., - — - ----- -Sponsor Name - (print) Representa ve Signature 2> . uthorized Signature Address 0y J -h OkA City �CA tate IS,) _zip -LQ''jl7 Telephone A QD� REGULAR MEETING OF THE ITHACA TOWN BOARD TB RESOLUTION NO , 2007 - XXXX : A Noise Permit for Ithaca College Commencement Eve Fireworks BE IT RESOLVED , that the Town Board of the Town of Ithaca grants the request of the Ithaca College Senior Class for a noise permit for fireworks on May 19 , 2007 from 10 : 00 p . m . to 10 : 30 p . m . at Ithaca College . MOVED : SECONDED : VOTE : ° ° 3 2 ° MULLE R CHAPEL SCy p pC spy H PARK CpMMpNICoq ° apND N 0 0 0 ° b b D0 ° b • o O 0 4 OUPPER ALLEN FIE ARRICA ISITORS' INFORM FIREWO DISGI POST WARNING SIGNS YAVITTS FIELD O ON ALL SIDES OF FENCE o � FRISBEE FIELD VEHICULAR GATE (12' WIDE) VEHICULAR GATE (12' WIDE) CLOSED BUT UNLOCKED FOR—� CLOSED BUT UNLOCKED FOR EMERGENCY ACCESS EMERGENCY ACCESS CHAINLINK FENCE / zs Irk 1 26 F 9 i J p l' t I i i i O i G y9� D I T BOOTH i aRG ITE N.Y.S. RT. #96 THAC ❑ LLEGE MIDDLE ALLEN FIELD MAIN NTRANCE i i I -IRE HYDRANT oll oll t I I LOWER ALLEN FIELD oe Iwo i COMMENCEMENT EVE FIREWORKS DISPLAY loo DISCHARGE SITE PLAN FOR 51497, s / Iq 107 I I I I I i I i *qbo I I 03128 / 2007 . 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 01 April 9 , 2007 Town Board Meeting ATTACHMENT # 7 end 1 Villap of (EgU83 3eigh#s A . MARCHAM HALL 838 HANSHAW ROAD Telephone "ACA, N.Y. 14850 607-2574236 ofte Hours 9 A-M_ • 4 P.M. At its regularly scheduled Board Meeting on March 19 , 20075 the Village of Cayuga Heights Board of Trustees passed the following resolution. Moved by Trustee Antil Seconded by Trustee Collyer Motion to pass the following Resolution No. 6250 : Resolution No . 6250 Whereas the Village of Cayuga Heights has a Contract for Fire Protection with the Town of Ithaca originally dated March 18, 2002 arid; Whereas this contract originally terminated on December 31, 2006 and; Whereas the parties wish to continue the benefits and provided thereunder and; Now therefore it is Resolved that the expired contract shall remain in force until such time as a new contract is established at a rate of $170,737 per annum. It is also Resolved that the Mayor is authorized to signed a new contract, with substantially the same terms as the previous contract with appropriate financial escalation, for the term January 1, 2007 through December 31, 20110 Trustees Antil, Bisgoni, Collyer, Kaplan, and Mount voted YES. Norma R. Manning Village Clerk 03 / 28 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 02 CONTRACT FOR FIRE PROTECTION THIS AGREEMENT made this day of March 2007, by and between the Town Board of the Town of Ithaca, acting as and for the Fire Protection District of said Town of Ithaca. party of the first part, and Village of Cayuga Heights, party of the second part. WHEREAS, there has been duly established in the Town of Ithaca a fire protection district embracing all of the territory in the said Town, and WHEREAS, the Board of Trustees of the Village of Cayuga Heights has all of the powers of a separate Board of Fire Commissioners and operates as one of its governmental functions, the Cayuga Heights Fire Department, and WHEREAS, the party of the first part deems it desirable and in the public interest to contract with the party of the second part for fire protection and the party of the second part is willing to provide such fire protection outside of its own territory upon the terms and for the time herein stated, NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1 . That subject to the limitations hereinafter specified, the Cayuga. Heights Fire Department will respond to any call for the extinguishment of any fire, hazardous material incident, or emergency medical incident occurring in the territory of the Town of Ithaca described as follows, to wit: The northeast section of the Town of Ithaca that is situated east of the east boundaries of the Village of Cayuga Heights and the City of Ithaca, south of the Village of Lansing/Town of Ithaca boundary, west of the Town of Dryden/Town of Ithaca boundary and north of a line described as follows : Beginning at a point where forest Home Drive intersects the east boundary of the City of Ithaca with the Town of Ithaca, thence southerly along the Town/City lime approximately 250 feet to the westerly end of a dead-end service road running behind the Plantations Service Building, thence easterly along the toe of slope of an uphill grade to the south, crossing Judd Falls Road and Caldwell Road and continuing easterly and southeasterly to a point along the center of the elevated grade that runs between the Arboretum Road and New York State Route 366, thence northerly and. northeasterly to a point at the northwest corner of the parking area attached to the former Cornell University Transit Facility, and thence northerly to the point where Forest Home Drive crosses the boundary line between the Towns of Ithaca and Dryden. Such southerly line is more particularly shown on the map attached as Exhibit A by the dashed line running generally easterly from the 'Town of Ithaca/City of Ithaca boundary to the Town of Ithaca/Town, of Dryden boundary. - 1 - 03128 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 03 Generally, the intent is to include in the service area those buildings and properties generally accessed from Plantations Road and north, and to exclude those buildings and properties that are generally accessed from Tower Road, from Judd Falls and Caldwell Roads south of Plantations Road, or accessed from NYS Route 366 , and south. The Cornell University Filtration Plant is included in the area to be serviced under this Agreement (this inclusion being the only change in territorial coverage in this agreement compared to the December 29 , 1995 agreement between the parties) . Attached as Exhibit B is a map entitled "Fire Protection Boundary ." The areas to be serviced by the Village of Cayuga Heights pursuant to this agreement are the cross-hatched areas on said map coded as "Town of Ithaca Properties in the Cayuga. Heights Fire Protection, District." 2. The party of the second part hereby agrees to furnish .fire protection and emergency medical first response service for persons and property in the aforesaid area for the consideration hereinafter mentioned. 3 . In consideration of the fire protection given to the temtory above described , pursuant to this contract, the party of the first part agrees to pay to the parry of the second part an annual payment calculated as set forth below, to be paid in four substantially equal quarterly installments on February 1 , May 1 , August 1 , and December 1 of each year, commencing February 1 , 2007 . The annual payment shall consist of two parts, one for Net Expenditures, and one for Unbonded Capital Costs (both as hereinafter defined), calculated as follows : (a) The actual expenditures of the Village' s Fire Department for the immediately preceding year shall be determined. There shall be excluded from such expenditures any expenditures that are financed by borrowing, to the extent of such borrowing, and there shall be excluded from such expenditures any capital expenditures such as buildings, capital equipment or other capital expenditures , exceeding $25 ,000 per item. There shall be subtracted from such expenditures all revenues received by the Village Fire Department except for the Town ' s contributions pursuant to this contract and except for tax revenues raised by the Village ' s taxes . For example, there will be included in revenues any amounts received fi•om any fire insurance rating organizations, any contributions from Cornell University for fire protection or similar services, contributions from any other tax exempt entity provided for fire protection or emergency medical services, gifts, grants, state or federal aid related to the Fire Department, income from the sale of Fire Department assets, and any other similar types of income. The amount so determined is hereinafter referred to as the "Direct Operating Expenses." The following matters shall govern the calculation of Direct Operating Expenses : -2- 03128 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 04 (i) Only expenses relating directly to the operation of the Fine Department shall be included in Direct Operating Expenses (e.g. , equipment maintenance, building maintenance, salaries and fringe benefits of Fire Department personnel, gasoline, supplies, and other items directly related to the operation of the Fire Department). (ii) To the extent there is equipment or buildings that are used by the Fire Department and by other Village departments or personnel , there shall be a reasonable allocation of the expenses related to such equipment or buildings between Fire Department and non= Fire Department uses, with only the portion attributable to the Fire Department to be included when determining Direct Operating Expenses . (iii) There shall be no allocation to the Fire Department of any general, overhead expense of the Village other than as speeifically authorized by this agreement. Without limiting the foregoing, none of the salaries of the Mayor, Treasurer, Clerk, or any other non-Fire Department employee (other than mechanics, cleaners, or DPW personnel , who work part"time directly on Fire Department buildings or equipment and a portion of whose salaries are properly chargeable to the Fire Department budget pursuant to subparagraph (ii) above) shall be allocated in whole or in part as a Fire Department expense . No portion of any cost of general Village liability insurance, bookkeeping expenses, telephone expenses , or any other cost or expense chargeable to the Village as a whole is to be included in determining Direct Operating Expenses . (iv) Depreciation and debt service shall, be excluded (i .e. not used at all in the calculation) when determining Direct Operating Expenses . (v) There shall be subtracted as an income item any amounts realized from the sale of equipment (adjusted, if necessary, in proportion to amounts paid by the Town, or refund of any overpayments . (b) In addition, there shall be added to Direct Operating Expenses any required debt service payments related to equipment and/or buildings dedicated solely to Fire Department use, provided that the debt service relates to bonds or notes issued for a period equal to the period of probable usefulness for the capital item as determined by the Local Finance Law of the State of New York (presently Section l 1 . 00 of such Local Finance Law) , unless the Town consents to a shorten' period. The sum of Direct Operating Expenses and the debt service related to equipment and/or -3 - 03 / 28 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 05 buildings is referred to as the "Net Expenditures." The Town agrees to the bond schedules for the periods and for the items set forth in Exhibit C annexed hereto . (c) The total taxable assessed valuation of real properties in the Village shall be combined with the total taxable assessed valuation of real properties outside the Village but within the area for which fire and emergency protection services are being provided pursuant to this contract. Such, amounts are hereinafter referred to as the "Combined Taxable Assessed Valuation" . The Combined Taxable Assessed Valuation shall be calculated as close as reasonably possible to October 1 of each year, with the first calculation to be done October 1 , 2006 . (d) The portion of the Combined Taxable Assessed Valuation located within the Town and outside the Village shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereafter as the "Town' s Percentage ." (e) The Town' s Percentage shall be multiplied times the Net Expenditures, and the resulting figure shall be the amount of the Town' s payment for the ensuing calendar year for the Town ' s share of Net Expenditures. (f) An example of the foregoing calculation is as follows : Assuming the Net Expenditures (which number includes debt service but excludes depreciation) is equal to $250,000 .00 and assuming that the Taxable Assessed Valuation of the area of the Town outside the Village covered by the Fire Protection Contract is $ 120,000,000 .00 and that Taxable Assessed Valuation of real property in. the Village is $240,000,000. 00 , the Combined Taxable Assessed Valuation will be $360100000. 00 ($ 120, 000,000 plus $240, 000, 000), the Town' s Percentage will be 33 . 33 % ($ 120, 000, 000 .00 divided by $ 360,000 ,000 . 00) and the annual payment from the Town to the Village for the Town ' s share of the Net Expenditures will be $ 83 ,333 . 33 ($250 ,000 times 33 . 33 %). (g) In addition, the Town shall pay a proportion of the Fire Department' s capital expenses in excess of $25 , 000 per capital item not bonded for the period of probable usefulness for such item as determined by the Local Finance Law (such costs being hereafter referred to as "Unbonded Capital. Costs"), incurred in the year —receding the year for which the calculation is being made . The Town' s share shall be an amount determined as follows : (i) The total Unbonded Capital Costs shall be recalculated as if bonds were issued for the capital items for a period equal to the period of probable usefulness for the capital itern as determined under the Local Finance Law, without interest. -4- 03 / 28 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 06 (ii) The Unbonded Capital Costs as so recalculated (the "Recalculated Unbonded Capital Costs") shall be multiplied by the Town' s Percentage, and the amount so calculated shall be the amount payable by the Town in the succeeding year for the Town' s proportion of Unbonded Capital Costs. Notwithstanding the calculation set forth above, the Town may, at its sole option, elect to pay a greater share of the Unbonded Capital Costs by accepting a shorter period than the ful l period of probable usefulness for any capital item. (h) For purposes of calculating the Town' s payment hereunder, the sum of Net Expenditures and Recalcalculated Unbonded Capital Costs for the first through the fifth year of this contract shall not exceed the following amounts without the prior consent of the party of first part given before an expenditure is incurred which would cause the sum of Net Expenditures and Recalculated Unbonded Capital Costs to exceed the amounts set forth below: Year 1 (2007) - $ 170,737 Year 2 (2008) - 110% of the amount payable for Year 1 . Year 3 (2009) - 120% of the amount payable for Year 1 . Year 4 (2010) - 130% of the amount payable for Year 1 . Year 5 (2011 ) - 140 % of the amount payable for Year 1 . 4. The party of the second part agrees to protect all Cayuga Heights Volunteer Firefighters who answer calls in the aforesaid area of the Town of Ithaca pursuant to this contract with proper and adequate coverage under Worker' s Compensation Insurance and Volunteer Firefighter' s Benefit law. 5 . It is further understood and agreed that the consideration paid by the party of the first part to the party of the second. part pursuant to this contract shall cover and include any liability of the Town of Ithaca for any loss or damage to, or expenses incurred in the operation of fire apparatus, or other equipment belonging to the party oar the second part, and the cost of any materials used in connection with any call for assistance. 6 . The party of first part hereby specifically agrees not to impose on the party of the second part any obligations or duties relating to the inspection of buildings and properties for the purposes specified in the Education Law, the Multiple Residence Law and the Town Law and the terns. "fire protection" as used in this agreement does not include any such inspections by the party of the second part, although the Village Fire Inspector may inspect within the Town in his discretion without securing further Town approval . 7. The party of the first part agrees to cooperate with the party of the second pan: in taking any reasonable action to carry out and implement a program of fire safety -5 - 03 / 28 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 07 control prevention, including appropriate action to keep driveways , lanes and roads open for fire trucks, providing, servicing, and testiAg fire hydrants which comply with the requirements of the New York Fire Insurance Rating Organization, and requiring land owners and tenants within the territory to observe reasonable rules against accumulation of trash and garbage and combustible material on their property. 8 . It is expressly understood and agreed that the number of firefighters and the nature of equipment dispatched in answer to a call, the manner of fighting the fire, and other operations at the scene of the fire, are matters within the judgment of the Chief of the Cayuga Heights Fire Department and the other officers of -the party of the second part who may be in charge at the time . Notwithstanding the foregoing, in the event it is determined that a call for mutual aid from another fire department or company is necessary, it is anticipated that in the vast majority of instances the first call will be to the City of Ithaca Fire Department for assistance in. fighting any fires or providing any medical services with respect to any properties or residents in the territory covered by this agreement. If an event occurs in which the first call for mutual aid is made to a department or fire company other than the City of Ithaca Fire Department, the Chief of the Cayuga Heights Fire Department will supply an explanation in writing to the Town Supervisor of the Town of Ithaca no later than seven days after such event setting forth in detail the reasons why an agency other than the City of Ithaca Fire Department was the first called for mutual aid. 9 . Party of the second part agrees to provide to party of the first part, no later than October 1 of each year during the term of this agreement, a list showing the names of all active, certified, volunteer and paid firefighters and emergency medical personnel available to fight fires , or to provide emergency medical services to residents, in the territory covered by this agreement. 10. This agreement shall take effect on the first day of January, 2007 and expire on the 31 " day of December, 201, 1 . 11 . Notwithstanding any other provision herein, either party may terminate this agreement as of the end of any calendar year by giving written notice of such intention to terminate to the other party to be received by the other party at least one full calendar year prior to the date of intended termination. -6- 03 / 28 / 2007 09 : 24 607 - 2573474 CAYUGA HGTS POLICE PAGE 08 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers on the day and year first above written. TOWN BOARD OF THE TOWN OF ITHACA By : Its Supervisor ATTEST: Town Clerk BOARD O. TRUSTEES VILLAG OF CAXUG El HTS By Its Mayor ATTEST : Vi lage Clerk Approved by resolution of the Town Board of the Town of Ithaca adopted on March , 2007. Town Clerk Approved by resolution of the Village Board of the Village of Cayuga Heights adopted on March 19 , 2007 . r.0 Villag Clerk -7- FROM PHONE NO. APR . 09 2007 09 : 15AM P1 Questions for the Ithaca Town Board l relating to the proposed contract for fire protection with the Village of Cayuga Heights I ) What is the fire tax rate per $7. 40i? for property in the subject area for these services? 2) What is the total taxable assessed value of property in the protected area? 3) Roes the Town of Ithaca have any poli(-ymaking or fiscal decision making authority .regarding fire department expenditures or is this a "pass through" arrangement over which the town has no direct control? 4) Does the Town Board believe that the quality of fire protection provided within the fire protection boundary is consistent with the quality of fire protection provided for the rest of the town? Respectfully submitted, Larry Sallinger 14 Peachtree Ln. Ithaca, NY 14850 (607)273-6052 April 4, 2007 �f