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HomeMy WebLinkAboutTB Minutes 2009-09-14 REGULAR : MEETING OF THE ITHACA TOWN B'OARD ' , MONDAY, SEPTEMBER 14, 2009 i AGENDA 1 . Call to Order 21 Pledge of Allegiance 30 Report of Tompkins County Legislature — Frank Proto 4 . Report of City of Ithaca Common Council — Joel Zumoff 5 . Report of Fire Commission 6 . 5 : 45 p . m . - Persons to be Heard and Board Comments 7 . 6 : 00 p . m . — Public Hearing regarding Noise Permit applications received from Ithaca College for Student Welcome Events on October 9th and 10th a . Consider approval of the October 9th event b . Consider approval of the October 10th event 8 . Consider Resolution approving a Lieutenant position in the Ithaca Fire Department while a new Fire Chief is being recruited (deferred) 10 . Consider setting a public hearing regarding the Fire Contract Agreement with the City of Ithaca 11 . Consider an Agreement in principle with the City of Ithaca for the sewage treatment land : a . Consider SEAR b . Consider approving an agreement in principle C , Consider authorizing the Town Supervisor to sign an agreement in principle 12 . Consider Acknowledging receipt of the independent financial statements from Sciarabba Walker & Co . , LLP of the Town 's Financial Records for the year ending 2008 13 . Consider Acknowledging receipt of the independent audit report from Sciarabba Walker & Co . , LLP of the Town Justice Courts for the year ending 2008 14 . 6 : 30 p . m . — 7 : 00 p . m . Presentation by Summer Youth Program participants Town of Ithaca Town Board Agenda for September 14, 2009 15 . Consider approval of the Cayuga Lake Intermunicipal Associationis application for a grant n 16 . Consider Setting a Public Hearing regarding a Local Law Amending Notification of Defects Requirements in Chapter 188 of the Town of Ithaca Code ( liability protection ) 17 . Consider Setting a Public Hearing regarding a Local Law Amending Ownership , maintenance and liability for the Hanshaw Road Walkway in Section 230- 10 of the Town of Ithaca Code 18 . Discuss dog control memorandum of agreement 19 . Consider Study Session dates for the Town Board 20 , Consider SAC Participation of Town Board Members 21 , Consider Town Board Member Retreat 22 . Consider consent agenda a . Town Board Minutes b . Town of Ithaca Abstract C , Bolton Point Abstract d . Brush and Leaf pickup e . Appointment of Keyboard Specialist for Public Works f . Appointment of Deputy Town Clerk 23 . Report of Town Committees a . Updates from the Comprehensive Plan Committee 1 . Discussion of the Vision Statement b . Other Committees C , Review of definition of "basement" in the Zoning Code with regard to a 2nd dwelling unit 24 . Intermunicipal Organizations 25 . Report of Town Officials 26 . Review of Correspondence 27 , Consider Adjournment FINAL - September 9, 2009 Page 2 of 2 Town of Ithaca Regular Meeting of the TOWN BOARD 215 North Tioga Street, Ithaca, New York September 14, 2009 at 5 : 30 p. m . Present: Supervisor Engman ; Councilwoman Leary; Councilman Stein ; Councilman Goodman ; Councilman Levine ; Councilwoman Hunter; Councilman DePaolo Staff: Bruce Bates , Director of Code Enforcement ; Susan Brock, Attorney for the Town ; Judy Drake , Human Resources Specialist ; Jonathan Kanter, Director of Planning ; Paulette Terwilliger, Deputy Town Clerk; Gene Redman , Acting Director of Public Works ; Call to Order: Supervisor Engman called the meeting to order at 5 : 30 p . m . Agenda Item - Report of Tompkins County Legislature No representative present . Conflicting County Budget Meeting Agenda Item - Report of Ithaca Common Council Joel Zumoff gave a report on City of Ithaca actions and meetings . Agenda Item now Report of Fire Commission Acting Chief Tom Dorman and Deputy Chief Tom Parsons addressed the Board giving a brief update on a recruitment campaign for firefighters beginning this Fall . Almost 50% of the Ithaca Fire Department is eligible for retirement next year. Supervisor Engman made changes to the agenda . Numbers 9 and 10 were stricken and replaced with : Consider appointment of Highway Superintendent Director of Public Works and Consider Setting a Public Hearing regarding the Fire Contract with the City of Ithaca . Item 11 c , the phrase "in principle was struck" . Councilwoman Hunter also requested that an Executive Session be added (#27) to discuss the employment history of a particular individual and Councilman Stein requested that Item # 21 be struck and that a Political Caucus be held instead after the Board Meeting is adjourned . There were no objections . Councilwoman Leary asked that Items #20 and 23 (a) 1 be postponed . There were no objections although Councilwoman Hunter asked for a brief explanation at that time regarding what the Board wanted in the Vision Statement so she could convey that to the Committee . Agenda Item Persons to Be Heard and Board Comments A resident addressed the Board , thanking the Board for the Drainage Meeting the previous week, especially Councilman Stein and Creig Hebdon for making it happen . See attachment # 1 TB September 14, 2009 Page 2 of 23 Agenda Item — 6 : 00 p . m . Public Hearing regarding Noise Permit Application , Ithaca College Student Welcome Events on , October 9 & 10, 2009 Attachment # 2 Supervisor Engman opened the Public Hearing . There was no one from the public wishing to address the Board . Brenda Carlisle, Event Coordinator was present to answer the Board 's questions . Councilman DePaolo questioned the stated mode of notification , stating that it seemed to be campus notification as opposed to public notification . Councilwoman Hunter noted that the Town has the capability of producing labels for notification of neighbors . Supervisor Engman thought our law did not fully define what notification was . Ms . Brock noted that the law does not require notification if the event is open to the public . Supervisor Engman closed the public hearing and brought the matter back to the Board . TB RESOLUTION NO , 2009-146 : RESOLUTION TO APPROVE A NOISE PERMIT APPLICATION RECEIVED FROM ITHACA COLLEGE FOR AN EVENT TO BE HELD ON THE ITHACA COLLEGE CAMPUS ON FRIDAY, OCTOBER 9, 2009 FROM 7 : 30 p. m . to 11 : 30 p. m . WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday , September 14 , 2009 at 6 : 00 p . m . to hear all interested parties on the proposed noise permit application submitted by Ithaca College for an event to be held on the Ithaca College Campus on Friday , October 9 , 2009 from 7 : 30 p . m . to 11 : 30 p . m . ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Noise Permit Application , or any part thereof ; NOW THEREFORE BE IT RESOLVED , that the governing body of the Town of Ithaca hereby approves said Noise Permit Application . MOVED : Councilman Stein SECONDED : Councilman Goodman TB September 14, 2009 Page 3 of 23 VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman . Hunter, Aye ; and Supervisor Engman , Aye . NAYS : , None Motion was carried unanimously. TB RESOLUTION NO , 2009-147 : RESOLUTION TO APPROVE A NOISE PERMIT APPLICATION RECEIVED FROM ITHACA COLLEGE FOR AN EVENT TO BE HELD ON THE ITHACA COLLEGE CAMPUS ON SATURDAY , OCTOBER 10, 2009 FROM 11 : 30 a. m . to 2 : 00 p. m . WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday, September 14 , 2009 at 6 : 00 p . m . to hear all interested parties on the proposed noise permit application submitted by Ithaca College for an event to be held on the Ithaca College Campus on Saturday, October 10 , 2009 from 11 : 30 a . m . to 2 : 00 p . m . ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Noise Permit Application , or any part thereof ; NOW THEREFORE BE IT RESOLVED , that the governing body of the Town of Ithaca hereby approves said Noise Permit Application . MOVED : Councilman Goodman SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. Agenda Item Consider Resolution approving a Lieutenant position in the Ithaca Fire Department while a new Fire Chief is being recruited Discussion held . TB September 14, 2009 Page 4 of 23 TB RESOLUTION NO. 2009-148 : APPROVE A LIEUTENANT POSITION IN THE ITHACA FIRE DEPARTMENT WHILE A FIRE CHIEF IS BEING RECRUITED WHEREAS , the City of Ithaca Fire Chief retired effective August 30 , 2009 , thus creating a vacancy in the Fire Department ; and WHEREAS , the retirement of the Fire Chief will reduce management capacity within the Fire Department ; and WHEREAS , the historic pattern associated with the process required to select a new Department Head is lengthy; and WHEREAS , the areas of responsibility and the work loads of the Acting Fire Chief and remaining Deputy Fire Chief will need to be adjusted as needed to facilitate the succession process to maintain the function of the Fire Department ; and WHEREAS , the nature of code enforcement and the need for day-to-day guidance and quality assurance is very time intensive ; and WHEREAS , the Fire Department has proposed an adjustment to facilitate this succession ; now, therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the creation of an additional Fire Lieutenant position to serve as a supervisor in the Fire Prevention Bureau , thus allowing the Deputy Fire Chief to delegate certain responsibilities to that Fire Lieutenant ; and be it further RESOLVED , the vacancy created by the promotion of a Fire Fighter to Lieutenant will be filled ; and be it further RESOLVED , that without further approvals from Common Council and the Town Board of the Town of Ithaca to do otherwise , once the higher level vacancies in the department are filled the next vacant position in the Lieutenant' s rank will be eliminated ; and be it further RESOLVED , that at no time will the total roster of the Fire Department exceed the 2009 authorized number without further Town and City approval ; and be it further RESOLVED , that the funding for the new position will be derived from the existing authorized Fire Department budget ; and be it further RESOLVED , that this action is contingent on the approval from both the Town of Ithaca and the City's Vacancy Review Committee MOVED : Councilman DePaolo TB September 14, 2009 Page 5 of 23 SECONDED : Councilwoman Hunter VOTE : Councilman Levine , Aye ; 'Councilman Stein , Aye ; Councilman, Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. Agenda Item Consider appointment of new Highway Superintendent/ Director of Public Works Discussion held RESOLUTION NO .2009-149 : Appointment of Highway Superintendent / Director of Public Works WHEREAS , due to the June 2009 retirement of the Fred Noteboom , there is a vacancy in the full time appointed position of Highway Superintendent / Director of Public Works ; and WHEREAS , the Interview Committee comprised of Supervisor Engman , Town Councilpersons Peter Stein and Tee Ann Hunter and the Human Resources Manager interviewed candidates for the said position along with second interviews held with the Town Board ; and WHEREAS , the Interview Committee has determined that James Weber, possesses the necessary knowledge and skills to satisfactorily perform the duties of the Town Highway Superintendent / Director of Public Works , and makes the recommendation for appointment ; Now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby appointment James Weber as the appointed Town Highway Superintendent / Director of Public Works , effective October 14 , 2009 ; and be it further RESOLVED , this is a full time salaried position based on 40 hours a week, at an annual salary of $76 , 000 , in Job Classification "S" , with full time benefits as negotiated ; and , be it further RESOLVED , the said appointment is for a term continuing until the 1S' day of January next succeeding the next biennial Town election to wit , January 1 , 2010 , in which he will be eligible for a new two year appointment . MOVED : Councilman Stein TB September 14, 2009 Page 6 of 23 SECONDED : Councilwoman Hunter VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. Agenda Item Consider setting a public hearing regarding the Fire Contract Agreement with the City of Ithaca TB RESOLUTION NO . 2009-150 : Setting a Public Hearing Regarding a Proposed Fire Contract with the City of Ithaca for Fire Protection and Emergency Services for Part of the Town of Ithaca Fire Protection District WHEREAS , the Town of Ithaca , on behalf of the Town Fire Protection District , has negotiated with the City of Ithaca regarding a new fire contract for the provision of fire protection services and emergency services in virtually all of the Town except for the Village of Cayuga Heights and the northeast portion of the Town pursuant to Town Law 184 ; and WHEREAS , Town Law 184 requires a public hearing be held on the proposed contract before the Town Board considers whether to enter into it ; NOW THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hold a rublic hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York , on the 19 h day of October, 2009 , at 6 : OOp . m . for the purpose of considering a proposed fire contract with the City of Ithaca for fire protection and emergency services for part of the Town of Ithaca Fire Protection District ; and it is further RESOLVED , that at such time and place all persons interested in the proposed contract may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is herby 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 , with said notice to specify the time and place where the hearing will be held and to describe in general terms the proposed contract . MOVED : Councilman Stein SECONDED : Councilman DePaolo TB September 14, 2009 Page 7 of 23 VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously . Agenda Item Consider Acknowledging receipt of the independent financial statements from Sciarabba Walker & Co. , LLP of the Town 's Financial Records for the year ending 2008 Discussion followed . TB RESOLUTION NO , 2009 - 151 : Acknowledging Receipt of the Independent Financial Statements from Sciarabba Walker & Co, LLP of the Town 's financial records for the year ending 2008 WHEREAS , the 2008 accounting and finance records of the Town of Ithaca have been audited by the firm Sciarabba Walker & Co . , LLP ; and WHEREAS , the public accounting firm , Sciarabba Walker & Co . , LLP , have rendered report of findings and issued financial statements for the year ending December 31 , 2008 ; NOW THEREFORE BE IT RESOLVED , that the Town Board acknowledges receipt of the certified Financial Statements from Sciarabba Walker, Co . LLP . ; and FURTHER RESOLVED , that a certified copy of this resolution shall be sent to the firm Sciarabba Walker & Co . , LLP , 200 East Buffalo Street , Suite 402 , Ithaca , NY 14850 MOVED : Councilwoman Hunter SECONDED : Supervisor Engman VOTE : Councilman Levine , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Absent : Councilman Stein Motion was carried unanimously . TB September 14, 2009 Page 8 of 23 Agenda Item Consider Acknowledging receipt of the independent audit report from Sciarabba Walker & Co. . LLP of the Town Justice Courts for the year ending 2008 Discussion held . TB RESOLUTION NO , 2009 — 152 : Acknowledging Receipt of the Independent Audit Report from Sciarabba Walker & Co, LLP of the Town Justice Courts WHEREAS , Section 109-a of the Uniform Justice Court Act requires that the town justices annually provide their court records and dockets to the respective town auditors and that such records be examined or audited and that fact entered into the Town minutes of the Board ; and WHEREAS , compliant to the Unified Court System ' s Action Plan for the Justice Courts , the public accounting firm Sciarabba Walker & Co . , LLP have rendered "Agreed Upon Procedures Report" of its audited findings for the year 2008 , and NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca acknowledges receipt of the independent audit of the Town Justice Courts from Sciarabba Walker, Co . LLP . ; and FURTHER RESOLVED , that , as required , a copy of the Town Justice Court audit , along with a certified copy of this Resolution , be sent to the State of New York Unified Court System MOVED : Supervisor Engman SECONDED : Councilman Levine VOTE : Councilman Levine , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . Absent : Councilman Stein NAYS : None Motion was carried unanimously. Agenda Item Consider approval of the Cayuga Lake IntermunicipaI Association ' s application for a grant Discussion held . TB September 14, 2009 Page 9 of 23 r TB RESOLUTION NO , 2009=153 : CONSIDER APPROVAL OF THE CAYUGA LAKE INTERMUNICIPAL ORGANIZATION ' S GRANT ;APPLICATION TO THE NEW YORK STATE DEPARTMENT OF STATE 4- WHEREAS , the Town of Ithaca is an active member of the Cayuga Lake Watershed Intermunicipal Organization (hereinafter " 10") and supports the work of the 10 , and WHEREAS , the New York State Department of State has made available funds for the Local Waterfront Revitalization Program , and WHEREAS , the Town Board of the Town of Ithaca has a signed Memorandum of Understanding to provide the administrative responsibilities for the 10 , which includes applying for grant funding , and WHEREAS , at the August 31 , 2009 meeting of the 10 , a resolution was passed in support of applying for the grant funding in order to review and update the Cayuga Lake Restoration and Protection Plan , NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca supports the above = described application for funding submitted to the New York State Department of State under the Local Waterfront Revitalization Program , Environmental Protection Fund , Year 2009 =2010 and agrees to act as the contractor if the project is awarded . grant funding . MOVED : Councilman Levine SECONDED : Councilman Goodman VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary , Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously . Agenda Item Presentation by Summer Youth Program participants Marnie Kirschgessner gave a presentation and Supervisor Engman handed out Certificates of Participation . Parents and students were present and commented on how well the program was run and what an asset it was to the Community. Agenda Item Consider an Agreement in principle with the City of Ithaca for the sewage treatment land Discussion held . TB September 14, 2009 Page 10 of 23 . TB RESOLUTION NO, 2009-154 : SEOR Determination - Accept conveyance of land and easements related to the Ithaca Area Wastewater Treatment Plant (IAWWTP) as part of a negotiated agreement among the IAWWTP partners WHEREAS , in 1981 , the City of Ithaca , Town of Ithaca , and Town of Dryden entered into an agreement (the "Joint Sewer Agreement") to construct , finance , and operate a joint sewage treatment plant (the Ithaca Area Waste Water Treatment Plant , or IAWWTP) on land then owned by the City of Ithaca , and WHEREAS , as part of that agreement , the parties agreed that the City would contribute land for the plant and would receive credit for its appraised value toward the City' s proportionate share of the cost of the new plant , and WHEREAS , the parties further agreed that title to the plant and its site would be conveyed by the City to the three municipalities as tenants in common , and WHEREAS , for reasons not known , that conveyance did not occur and all known evidence shows that the City remains the sole title owner of the sewer plant site , and WHEREAS , the 1981 agreement (and subsequent amendments) does not contain a description of the land to be conveyed or a map that clearly defines it , and WHEREAS , in an effort to resolve this situation , the City of Ithaca , Town of Ithaca , and Town of Dryden are negotiating an agreement relative to the ownership of the sewer plant site , and WHEREAS , the City of Ithaca Common Council in a resolution adopted on August 5 , 2009 , has proposed a new, formal offer of conveyance to the Towns of Ithaca and Dryden , which includes all land within the fence surrounding the IAWWTP , plus the land between the fence and Cascadilla Creek , and all the improvements thereon , to be conveyed jointly to the three IAWWTP partners , as tenants in common , in ownership proportions as described in the August 5 , 2009 Common Council resolution , and WHEREAS , the conveyed land would be subject to a permanent easement for the City' s proposed Cayuga Waterfront Trail , and WHEREAS , in addition to the above , the City would grant to the IAWWTP partners a permanent easement over the outfall pipe for the purposes of allowing for the maintenance , repair, or replacement of the outfall pipe , as further described in the August 5 , 2009 Common Council resolution , and WHEREAS , in addition to the above , the City would grant to the IAWWTP partners a permanent easement along and parallel to a portion of the westerly boundary of the land to be conveyed for the purpose of accommodating future TB September 14, 2009 Page 11 of 23 expansion , of the plant if required to increase , capacity :or to upgrade treatment , as further described in the August 5 , 2009 Common Council resolution , and WHEREAS , the above-described conveyances are illustrated on the attached sketch map of areas "to be conveyed to partnership" , all of which upon acceptance of the agreement will be shown on an updated survey map , and WHEREAS , it has been determined that acceptance of the above-described land and easements by the Town Board is an Unlisted action , pursuant to the State Environmental Quality Review Act , 6 NYCRR Part 617 , and Town of Ithaca Code , Chapter 148 — Environmental Quality Review, for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review; and WHEREAS , the Town Board at its regular meeting held on September 14 , 2009 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II prepared by Town Planning staff for this action ; now, therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the EAF Parts I and II in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Stein SECONDED : Councilman DePaolo VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. TB RESOLUTION NO . 2009=155@ Authorization of Acceptance of Offer from the City of Ithaca to the Towns of Ithaca and Dryden Regarding Joint Sewer Plant Site Ownership and Related Changes to the Lease and Sublease for the "Steamboat Landing" Site WHEREAS , in 1981 the Town of Ithaca , the City of Ithaca and the Town of Dryden entered into an agreement (the "Joint Sewer Agreement") to construct , finance and operate a joint sewage treatment plant (the Ithaca Area Waste Water Treatment Plant , or IAWWTP) on land then owned by the City of Ithaca ; and TB September 14, 2009 Page 12 of 23 WHEREAS , as part of that agreement the parties agreed that , the City would contribute ' land for the plant and would , and did , receive a credit for its appraised value toward the City' s proportionate share of the cost of the new plant ; and WHEREAS , the parties further agreed that title to the plant and its site would be conveyed by the City to the three municipalities as tenants in common (a form of joint ownership) ; and WHEREAS , for reasons not now known , that conveyance apparently did not occur and all known evidence shows that the City remains the sole title owner of the sewer- plant site ; and WHEREAS , this fact came to light when recognized by an attorney for the City , Patricia Kennedy , in the mid - 1990s and again last year when the City Attorney was researching property issues related to a possible new lease for the Ithaca Farmers Market , which has been a tenant of City-owned land adjacent to the sewage treatment plant site (commonly known as "Steamboat Landing") since 1988 ; and WHEREAS , upon this discovery, the Mayor notified the Towns and indicated the City's willingness to proceed with the conveyance into joint ownership of the land actually occupied by the IAWWTP — i . e . , the land enclosed by the fence around the plant site , together with the land between the northerly portion of the fence and Cascadilla Creek and an easement for the plant' s outfall pipeline as it crosses adjacent City-owned land (the Steamboat Landing site) ; and WHEREAS , while the Town of Dryden indicated its agreement with the City's suggestion , the Town of Ithaca took the position that the land originally intended to . be conveyed into joint ownership , and for which the City received credit , included part or all of the Steamboat Landing site ; and WHEREAS , the 1981 agreement . (and amended versions from 1984 and 2003) does not contain a description of the land to be conveyed or a map that unequivocally defines it , however, some of the language in contemporaneous , related documents appears to be self-contradictory , rendering it difficult to know with certainty what was intended 27 years ago ; and WHEREAS , it is prudent to make provision for the possibility that in the future more land may be needed for sewage treatment operations than is currently available within the current , fenced - in site ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to accept a formal offer of conveyance from the City of Ithaca to the Towns of Ithaca and Dryden , superseding any previous offers and including the following elements , substantively as set forth below: TB September 14, 2009 Page 13 of 23 1 . Upon acceptance of the offer by the Towns , all land ; within the fence surrounding the Ithaca Area Wastewater Treatment Plant ( IAWWTP) , plus land between the fence and Cascadilla Creek (all of which will be ' shown on an updated version of the T . G . Miller Survey Map of the premises , and consisting of the parcels identified on said map as "Parcel A- 1 " and " Parcel A-2") , and all the improvements thereon , would be conveyed jointly to the three IAWWTP partners , as tenants in common , in the following initial ownership proportions (based on "approximate plant ownership" as set forth in Appendix II to the Joint Sewer Agreement , as amended December 31 , 2003) , with the percentage of ownership in any future year to be based upon the parties' respective shares , at that time , of permitted and excess plant capacity (as defined by Section 18 of the Joint Sewer Agreement and by the parties ' actual purchase and sale of capacity among themselves , pursuant to the Agreement) : a . City of Ithaca = 57 . 14% b . Town of Ithaca = 40 . 88% c . Town of Dryden = 1498% 2 . The conveyed land would be subject to a permanent easement — 20 feet in width and running across the entire northerly portion — for the City's proposed Cayuga Waterfront Trail , the approximate location of which is to be shown on a survey map of the premises , and a temporary easement (composed of an additional five feet on the north side of the permanent easement and an additional 20 feet on the south side of the permanent easement) , as needed , for construction of the Trail , relocation of the treatment plant fence , and restoration of landscaping . 3 . In addition to the above conveyance of fee title , the City would grant to the IAWWTP partners easements across adjacent City-owned land to the west , as follows : a . A permanent easement — 30 feet in width — centered on the existing outfall pipeline for the plant (as shown on the above = referenced survey map) for the purpose of allowing for maintenance , repair, or replacement in the same , approximate location of said pipeline , and not precluding above -ground construction above said pipeline by the City (or its lessee or sublessee) , provided such construction is timely removed by City (or its lessee or sublessee) at the City's sole cost upon reasonable , written notice of need to access said pipeline and without obligation on the part of the partners to restore such structure ; and b . A permanent easement — 50 feet in width — along and parallel to a portion of the westerly boundary of the land to be conveyed , between the more southerly angle in such boundary and the southerly edge of the Trail easement described above (all to be shown on the above- referenced survey map) , for the purpose of accommodating future expansion of the plant if required to increase capacity or to upgrade treatment , subject to the conditions listed below. TB September 14, 2009 Page 14 of 23 48 The . parties may use the 50-foot-wide easement only for required expansion of the , IAWWTP and only upon a formal decision to do so by the oversight group for the IAWWTP (currently known as the "Special Joint Committee" and described in the Joint Sewer Agreement) . The right to use the easement cannot be exercised before January 1 , 2019 , and then only upon at least three years ' written notice to the Mayor of the City of Ithaca . Prior to any such exercise of that right , the City (or its lessee or sublessee) may use this easement area for traffic circulation , parking , landscaping or gardening , or such similar uses not involving permanent construction of buildings . 5 . In the event that the easement for plant expansion is exercised as described above , then in that case the City shall convey the land within the easement required for such expansion to the three-party partnership , without further monetary consideration . 6 . The easements for the outfall pipeline and possible plant expansion shall expire and be of no further effect in the event that use of the sewer-plant site for sewage treatment is discontinued or ceases on a continuing basis (without an approved plan to reopen or rebuild it as a joint sewage treatment plant) . 70 All administrative and recording costs reasonably associated with this conveyance would be shared by the IAWWTP partners , in the same proportions as set forth above . and be it further RESOLVED, that in the event that this offer is accepted in writing by the Town of Dryden , substantively in the form set forth above , then in that case the Town Supervisor is authorized to accept a deed of conveyance of the above described premises , together with the aforementioned easements intended to serve or burden it , as the case may be , jointly to the three municipalities , as tenants in common , in the respective ownership proportions set forth above , and to sign an agreement with the City of Ithaca and the Town of Dryden consistent with the elements set forth in this resolution , subject to the approval of the Attorney for the Town of Ithaca (and to accept and/or file any other, related documents required to implement this transaction ) ; and be further RESOLVED, that the parties agree that the Mayor is further authorized , upon the advice of the City Attorney, to make a modification to the terms of a lease ( not yet executed) for the Steamboat Landing site , between the City and the Ithaca Urban Renewal Agency ( IURA) , as previously approved by Common Council on November 5 , 2008 , so as to reflect the additional specifics of the outfall pipe easement referred to herein , and the existence of the easement for possible , future plant expansion with the terms descri bed herein ; an be i t further RESOLVED , that all parties agree that Common Council 's prior approval , on February 4 , 2009 , of the terms of a proposed sublease of the Steamboat Landing B September 14, 2009 Page 15 of 23 site , between the IURA and the Ithaca Farmers Market . Inc . (also not yet executed) , is hereby modified so as to reflect the specifics of the outfall pipe easement referred to herein , and the existence of the easement for possible , future plant expansion with the terms described herein , and to clarify term numbered 5 .f (4) in said, Council resolution (and the survey map for the premises to be conveyed) so as to make the so-called "at- risk" area referred to therein equivalent to and coincident with the areas of the outfall pipe and future expansion easements described herein (together with the Cayuga Waterfront Trail "easement" across the Steamboat Landing site , as identified in the previously-approved sublease terms) ; and be it further RESOLVED , that the Town of Ithaca intends this to be a reasonable , negotiated settlement of this issue that will address the concerns of all parties and foster continued cooperation and good working relations among the municipalities . MOVED : Councilman Stein SECONDED : Councilman Goodman VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Abstentions : Councilman DePaolo Motion was carried unanimously. Agenda Item Consider Setting a Public Hearing regarding a Local Law Amending Notification of Defects Requirements in Chapter 188 of the Town of Ithaca Code (liability protection ) Discussion held . TB RESOLUTION NO . 2009-156 : RESOLUTION TO SET A PUBLIC HEARING REGARDING A LOCAL LAW AMENDING NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 188 OF THE TOWN OF ITHACA CODE RESOLVED , that the governing body of the Town , of Ithaca does hereby set a public hearing for Monday, October 19 , 2009 at 6 : 10p . m . to hear public comment relative to a local law amending notification of defects requirements in Chapter 188 of the Town of Ithaca Code ; and FURTHER RESOLVED , that the Town Clerk shall post a notice of the time and place of this public hearing in the daily newspaper at least ten days prior to the public hearing . MOVED : Councilman Stein SECONDED : Councilwoman Hunter TB September 14, 2009 Page 16 of 23 VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman, Aye ; Councilman DePaolo , Aye ; Councilwoman Leary , Aye ; Councilwoman Hunter, ; Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. Consider Setting a Public Hearinq regarding a Local Law Amending Ownership, maintenance and liability for the Hanshaw Road Walkway in Section 230=10 of the Town of Ithaca Code Discussion held . TB RESOLUTION NO , 2009-157: RESOLUTION TO SET A PUBLIC HEARING REGARDING A LOCAL LAW AMENDING OWNERSHIP , MAINTENANCE AND LIABILITY FOR THE HANSHAW ROAD WALKWAY IN SECTION 230=10 OF THE TOWN OF ITHACA CODE RESOLVED , that the governing body of the Town of Ithaca does hereby set a public hearing for Monday, October 19 , 2009 at 6 : 15 p . m , to hear public comment relative to a local law amending ownership , maintenance and liability for the Hanshaw Road Walkway in Section 230- 10 of the Town of Ithaca Code ; and FURTHER RESOLVED , that the Town Clerk shall post a notice of the time and place of this public hearing in the daily newspaper at least ten days prior to the public hearing . MOVED : Councilwoman Hunter SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. Agenda Item Discuss dog control memorandum of agreement Discussion held . No action taken . Agenda Item Consider Study Session dates for the Town Board Discussion held . Study Sessions for September and October were cancelled due to budget meetings also being held . It was noted that additional meetings could be held if needed or items added to the Budget Meetings . TB September 14, 2009 Page 17 of 23 Agenda Item Consider Consent Agenda Discussion held . The approval of minutes and the Town of Ithaca Abstract were removed from the Consent Agenda . TB RESOLUTION NO . 2009-158 : Consent Agenda Items BE IT RESOLVED , that the Town Board of the Town of Ithaca , hereby approves and/or adopts the resolutions for Consent Agenda Items : a . Bolton Point Abstract b . Brush & Leaf Pickup c . Appointment of Keyboard Specialist for Public Works d . Appointment of Deputy Town Clerk MOVED : Councilman Goodman SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary , Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously . TB RESOLUTION NO , 2009=158a : BOLTON POINT 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 governing Town Board hereby authorizes the payment of the said vouchers . Voucher Numbers : 1196- 1250 Check Numbers : 11821 - 11875 Operating Fund $ 71110 . 57 Bolton Point Road Project $ 24617 . 12 SCADA Project $ 284129 TOTAL $ 98 , 568 . 98 TB September 14, 2009 Page 18 of 23 MOVED : Councilman Goodman SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary , Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. TB RESOLUTION NO . 2009 —158b : Set Fall Yard Waste Collection Dates WHEREAS , the Public Works Department provides yard waste disposal services for the Town of Ithaca residents ; and WHEREAS , twice annually the Public Works Department collects yard waste from roadsides ; and WHEREAS , this year the Public Works crews will use the leaf vacuums the first week and go around the Town once , thereafter, residents will be allowed to put biodegradable paper bags at curbside on the each Monday in November; NOW THEREFORE BE IT RESOLVED , that fall brush collection will start on October 13 , 2009 , and continue through October 16 , 2009 ; and FURTHER RESOLVED , that the fall leaf collection will commence on November 2 , 2009 , and run through November 6 , 2009 . MOVED : Councilman Goodman SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary , Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. TB RESOLUTION NO . 2009=158c — Ratification of Highway Superintendent' s Appointment of Keyboard Specialist WHEREAS , there is presently a vacancy in the part time position of Keyboard Specialist for the Public Works Department ; and } TB September 14, 2009 Page 19 of 23 WHEREAS , the Interview Committee interviewed seven. candidates from the certified eligible listing for the position ; and WHEREAS , the Committee has determined that Ashley Riley possesses the necessary knowledge and skills to satisfactorily perform the duties of the Keyboard Specialist ; and WHEREAS , Eugene Redman , Deputy Highway Superintendent as Acting Highway Superintendent , appointed Ashley Riley as Keyboard Specialist , effective September 8 , 2009 ; Now, therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Highway Superintendent , of Ashley Riley as Keyboard Specialist , effective September 14 , 2009 ; and be it further RESOLVED , this is a 20 . 0 hours a week position , at the hourly wage of $ 16 . 00 , which is an estimated annual salary of $ 16 , 640 , from account number A5010 . 100 , in Job Classification "i" , with part time benefits ; and be it further RESOLVED , a mandatory twenty-six (26) week probationary period applies , which ends March 8 , 2010 , with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Highway Superintendent , MOVED : Councilman Goodman SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary , Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously . RESOLUTION NO . 2009=158d — Ratification of Town Clerk's Appointment of a Deputy Town Clerk. WHEREAS , there has been a vacant Deputy Town Clerk position in the Town Clerk's Department since June ; and WHEREAS , Town Clerk, Town Supervisor, Councilwomen Hunter and Human Resources Manager interviewed seven candidates for the position and have TB September 14 , 2009 Page 20 of 23 determined that Debra DeAugistine possesses the knowledge , skills and ability to satisfactorily perform the duties of the Deputy Town Clerk position ; and WHEREAS , Karen Billings , Town Clerk has appointed Debra DeAugistine as a Deputy Town Clerk , effective , September 21 , 2009 ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Town Clerk , of Debra DeAugistine as a Deputy Town Clerk , effective , September 21 , 2009 ; and be it further RESOLVED , the said position is in job classification "K" at part time status of 30 hours a week, at the hourly wage of $20 . 00 , with part time benefits ; and be it further RESOLVED , a twenty six (26) week probationary period applies and shall end effective March 22 , 2010 , with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Clerk . MOVED : Councilman Goodman SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously. Agenda Item Minutes separated from Consent Agenda Councilman DePaolo pulled the approval of minutes so he could abstain . TB RESOLUTION NO . 2009-159 : APPROVE MINUTES OF AUGUST 10 , 2009 WHEREAS , the Town Clerk has presented the minutes for the Town Board meetings held on August 10 , 2009 to the Town Board for its review and approval of filing ; NOW THEREFORE BE IT RESOLVED , the Town Board does hereby approve for filing the minutes of the meeting held on August 10 , 2009 , MOVED : Councilman Goodman TB September 14, 2009 Page 21 of 23 SECONDED : Councilman Levine VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Abstentions : Councilman DePaolo Motion was carried unanimously. Agenda Item Town of Ithaca Abstract pulled from Consent Agenda Discussion held . TB RESOLUTION NO . 2009=160a 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, 7226=7354 General Fund Town wide 140, 892 .24 General Fund Part Town 11 ,669.07 Highway Fund Part Town 56,749 .75 Water Fund 9 . 181 . 13 Sewer Fund 6 ,265 .25 Warren Road Walkway 61120.96 Fire Protection Fund 276, 890. 18 Forest Home Lighting District 121 . 74 Glenside Lighting District 47. 50 Renwick Heights Lighting District 67.20 Eastwood Commons Lighting District 152 . 16 Clover Lane Lighting District 18 . 16 Winner's Circle Lighting District 57 .67 Burlei h Drive Lighting District 61 .39 Westhaven Road Lighting District 190 . 03 Coddin ton Road Lighting District 113 . 10 Debt Service 182.23 First Street Interceptor 204, 386. 10 Hanshaw Rd Water Main Improvement 10. 99 Risk Retention Fund 416. 40 Trumansburg Rd Water Main Im r 11 .00 TB September 14, 2009 Page 22 of 23 Trust & Agency 72037. 09 TOTAL' 720 , 641 . 34 MOVED : Councilman Levine SECONDED : Councilman Stein VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilman DePaolo , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Motion was carried unanimously . Report of Town Committees a . Updates from the Comprehensive Plan Committee 1 . Discussion of the Vision Statement b . Other Committees C , Review of definition of "basement" in the Zoning Code with regard to a 2nd dwelling unit Intermunicipal Organizations Discussion Held/No Actions Taken Report . of Town Officials (See Attachments) Discussion Held/No Actions Taken Review of Correspondence (No list available) Discussion Held/ No Actions Taken TB RESOLUTION NO . 2009=161 : MOVE TO EXECUTIVE SESSION TO DISCUSS THE HISTORY OF A PARTICULAR PERSON WHEREAS , the Town Board wishes to discuss the history of a particular employee , NOW THEREFORE BE IT RESOLVED , the Town Board does hereby enter into Executive Session upon the advice of the Attorney for the Town MOVED : Councilman Stein SECONDED : Councilman Levine . TB September 14, 2009 Page 23 of 23 VOTE : Councilman Levine , Aye ; Councilman ' Stein , Aye ; Councilman Goodman,; , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter; Aye ; and Supervisor, Engman , Aye . NAYS : None Abstentions : Councilman DePaolo Motion was carried unanimously. TB RESOLUTION NO. 2009-162 : CLOSE EXECUTIVE SESSSION AND REENTER OPEN MEETING WHEREAS , the Town Board discussed the history of a particular employee , NOW THEREFORE BE IT RESOLVED , the Town Board does reenter open meeting upon the advice of the Attorney for the Town MOVED : Councilman Stein SECONDED : Councilman Levine VOTE : Councilman Levine , Aye ; Councilman Stein , Aye ; Councilman Goodman , Aye ; Councilwoman Leary, Aye ; Councilwoman Hunter, Aye ; and Supervisor Engman , Aye . NAYS : None Abstentions : Councilman DePaolo Motion was carried unanimously . Consider Adjournment Meeting was adjourned . 406 ull ubmitted , i iger Deputy Town Clerk TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET BATE : September 14 , 2009 (PL EASEPRINT TO ENSUREACCURACYIN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS /AFFILIATION o e. `/'A4 O Q 7' 171 e%& Calk [M o LN Cr S -c � �' 7 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Karen M . Billings , 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 Two (2 ) Noise Permit Applications — Ithaca College Public Hearing Time : 6 : 00 p . m . , Monday, September 14, 2009 For. Homecoming Pep Rally to be on the Ithaca College Campus on October 9 , 2009 from 7 : 30 p . m . to 11 : 30 p . m . and Alumni and Homecoming Weekend Picnic to be held on October 10 , 2009 from 11 : 30 a . m . to 2 : 00 p . m . Location of Sign Board Used for Posting : Town Clerk' s Sign Board Town Hall Lobby 215 North Tioga Street Ithaca , NY 14850 Date of Posting : August 26 , 2009 Date of Publication : September :4, 2009 Karen M . Billings Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) J p Sworn to and subscribed before me this day of 2009 J; PC W s Notary Public rf! ! ! ! lllrrl. rN` rr``i PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Qualified in Tioga County Commission Expires December 4. 20L 1 CLASSIFIED 7B _ theithacajournal.com Friday, September 4, 2009 I - - - ILega - � ls 050. t:egals 050 ' TOWN OF ITHACA Karen M. Billings, PUBLIC HEARING Town Clerk NOTICE Dated: August 26, 2009 NOTICE IS HEREBY 9/4/2009 GIVEN that the Towne- . Board of the Town of Itha- ca will hold a public hear- . ing on Monday. Septem- ber 14, 2009 at 6:00 p.m. in the Town Hall, located at 215 North Tioga Street, Ithaca, NY for the purpose of hearing public comment regarding two noise permit applications submitted by Ithaca College as follows: i Homecoming Pep Rally, Bonfire and Dance Party to be held on October 9, 2009 from 7:30 p.m. to 11 :30 p.m. Alumni and Homecoming Weekend Picnic to be held j on October 10, 2009 from 11 :30 a.m. to 2:00 p.m. I Each event will utilize an ' amplified sound system along with an emcee and DJ and it is anticipated that up to 500 persons will I be in attendance. I FURTHER NOTICE IS GIVEN that at such time and place all persons inter- ested in the proposed noise permit application may be heard concerning' the same: and further ' NOTICE IS GIVEN that a copy of the permit applica- tion is on file in the Town ' Clerk's Office (215 N. Tio- ga St., Ithaca, NY) and available for review during regular business hours. Monday through Friday, 8 a.m. to 4 p.m.; and FURTHER NOTICE IS ' GIVEN that all persons in- terested in the application j may be heard concerning the same. Individuals with .i • " " visual or hearing impair ments or other special ) needs will be provided ` ) • - with assistance as neces- sary, upon request. Indi- k , ' viduals desiring assistance _ � :� � . ' •.�. ,�. must make a request to the Town Clerk not less _ V v , r than 48 hours prior to the ' F ; time of the public hearing. 4 Z -�7-4 ft at25'i� td `_ Attachment # 1 ' September 14 , 2009 COMMENTS TO THE TOWN BOARD : DRAINAGE AND CONSERVATION ZONE On behalf of the Northeast Ithaca Neighborhood Association, I would like to thank the town for its presentation to the neighborhood on our drainage concerns . I would especially like to thank Peter Stein for making this meeting possible, and Creig Hebdon for his presentation of possible solutions . While the 9 . 3 million dollar price tag for addressing our problems was a shocker, the potential cost to the town and neighborhood should convince any skeptic that our water problems are serious . That said; we would like to continue working with the town to find other less costly solutions . We also appreciate the Public Works Department' s willingness to provide advice to individual property owners on managing storm water and drainage problems . In addition, the 9 . 3 million dollar price tag to solve our current water problems also highlights the need to ensure that any potential future development in the Northeast not contribute to existing problems . For this reason, we continue to support the extension of the existing Conservation Zone as recommended in the LeCain study, which was commissioned by the town. Extension of the Conservation Zone would permit very low density housing while preserving the area's ecological and hydrological features, which are essential for mitigating water problems in the rest of the neighborhood. On Thursday, we will provide the Planning Committee with our thoughts on the LeCain study, extending the conservation zone, and its application to the proposed Briarwood 11 development. We hope that the entire board will have an opportunity to consider these issues at a future meeting . We also support exploring other options for preserving the woodlands and wetlands in this area. This spring, Cornell and Mr. Lucente were engaged in discussions of a land swap that would achieve this goal . Unfortunately those negotiations were inconclusive. We are trying to get them restarted. The Northeast Ithaca Neighborhood Association will host a meeting this Wednesday with Cornell, Mr. Lucente ' s agent Larry Fabbroni, and members of the Town Board. We hope that, with some concerted effort from all of us, we can restart the talks and achieve a win-win solution. Thank you. William Sonnenstuhl 206 Winston Drive Ithaca, NY 14850 08 / 17 / 2009 19 : 50 FAX 6072741370 / IC ALUMNI RELATIONS 001 0 �C / . . At t achme.n- _# / Sept . 14,( TOWN OF ITHACA Town clerk's. oao? Stomp NORTH TIOGA STREET , ITHACA, N . Y. 14850 �� � � www .town . ithaca . ny . us RVED AUG 1 E 1009 TOWN CLERK' S OFFICE Town of Ithaca PHONE (607) 273-1721 FAX (607) 273-5854 Town Clerk S TOWN OF ITHACA NOISE PERMIT APPLICATION This form !nfJ # be submitted to the Torun C/ernk's'Offic_e_._w_ithp3yment. 45 days in advance ofthe planned activifv NAME/ORGANIZATION : liila.00L Call E� PERSON ( S) RESPONSIBLE FOR EVENT: ADDRESS : 016 a _ &Md , fif)C -M _ PHONE NUMBER : 1607 -X1 ! ' 3 ADDRESS OF PROPOSED EVENT: m 1 PROPERTY OWNER : HfAa@Cr C&&r DATE PROPERTY OWNER NOTIFIED : _0I OI I cfi DATE APPROVAL OF PROPERTY OWNER GIVEN : o(ol oI 09 DATEITIME SCHEDULE OF PROPOSED EVENT: I0T to of cm ESTIMATED NUMBER OF PERSONS ATTENDING EVENT. 5U0 0 / SIGNATURE OF PERSON RESPONSIBLE FOR EVENT. REASONS FOR SUCH USAGE : �,►-,CA� &AI pm PLANS AND SPECIFICATIONS OF THE USE : d U✓ I NOISE ABATEMENT AND CONTROL METHODS TO BE USED : 08 / 17 / 2009 19 : 50 FAX 6072741070 IC ALUMNI RELATIONS 0 002 Town of Ithaca Noise Permit Application Page 2 of 6 DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO THE ORDINANCE : V1 6L . dwolo NAMES AND ADDRESSES OF NEIGHBORS NOTIFIED : � I IN fo AUTHORIZATION FOR PERMIT (From Town Noise Ordinance) : "Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this Ordinance. Such waivers shall be granted only in those circumstances where the applicant demonstrates that -the waiver is necessary 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. " Chapter 184 of the Town of Ithaca Code ( Noise) , Article III . (Permits) , Section 184- 12 , titled "Permit procedure : "B. The Town Board may in its sole discretion waive the 45 day application Filing requirement upon good cause shown or for other unique, special or extenuating circumstances. ' C, At the time of the filing of the permit application, the applicant shall pay the Town a nonrefundable noise permit application fee as specified in Chapter 153, l=ees, of the Town of Ithaca Code. '" Chapter 153 of the Town of Ithaca Code , § 153- 144 Noise permits . "§ 15344. Noise permits, A. The application fee for a noise permit shall be $50`. B. The application fee for more than 1 but no more than 6 noise permit applications submitted simultaneously by a single entity, representative or agent thereof, for events occurring at a single address within a consecutive 6-month period, shall be $ 100. No two 6-month periods shall overlap. " Town of Ithaca Noise Parmil • Approved May. 13, 2002 - TB R000lotlon No. 2002-072 'Revlelona: October 20, 2008 — Local Law $1 2008-14 and 2008-15 "RwAslon'.: Local Law 2008-4 Karen Billings rom : Lynne Pierce [Ipierce @ithaca . edu] ent : Tuesday, August 18, 2009 3 : 14 PM o : Karen Billings Cc: Brenda Carlisle; Gretchen Van Valen Subject : Notification vehicles for IC Alumni and Homecoming events Attachments : A&HWknd 09 Reg Mlr. pdf; Ipierce . vcf A&HWknd 09 Reg Ipierce.vcf (537 B) Mlr. pdf (661 KB. . . Karen , Per our phone conversation , this is the current link on our website for Alumni and Homecoming Weekend : http : / / www . ithaca . edu / alumni / weekend / index . php Additionally , the attached PDF is the registration mailer being sent to all local alumni ( amongst others ) . Starting tomorrow , all of the information in the mailer will be live on our website at : http : / / www . ithaca . edu /makeityours This will then be accessible to anyone who goes to the website . ls we have done in the past , this weekend will be advertised in our campus newspaper and hrough the campus radio station ( which is public ) , and through word of mouth in the local ommunity . Please let me know if you have other questions . Lynne to 1 08 / 17 / 2009 19 : 50 FAX 6072741370 IC ALUMNI RELATIONS 003 Town of Ithaca Noise Permit Application Page 3 of 6 C. Applications submitted simultaneously shall be reviewed, and determinations shall be rendered, on an individual basis. 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 AFF�RoMS T A T THE FOREGOING INFORMATION IS TRUE, COMPLETE AND CORRECT SIGNATURE OF APPLICANT: DATE : 07 -1 ,d M ____ DATE APPLICATION RECEIVED BY TOWN CLERK: •� �� � � ___ DATE APPROVED BY TOWN OF ITHACA TOWN BOARD : RESOLUTION NUMBER GRANTING AUTHORIZATION FOR PERMIT : FfiF Tvini:( e'rk s?Qfi� a:f Iasi:;; ' ' ' <`•. ' ' , l : .�` i;i ; : •i :' ::;:'': `IiiFlOS� it;0�• & I t6rlu :; . :: :: : '1' ': ':•;'x': :': `:•:':• :• ,': :• ; ;; <)tfier:tiifgtttiat?oo;-: -: -: •: • •: . . . . . . . : •: :.: ; •: •: •: :• : . • : : : . . . . . .tip:\Y •.w..:.rrwww.n��w .4.h'i!! •: :.:•.... Town of Ithaca Noise Permit - Approved May, 13. 2002 - T5 Resolution No. 2002-072 'RaNOlon:: October 20. 2000 — Local Low * 2a0a-1 A and 2006-15 "Rev4lon:: Local Law 20094