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HomeMy WebLinkAboutTB Minutes 2010-04-12 p Regular Meeting of the Ithaca Town Board Monday, April 12 , 2010 at 5 : 30 p . m . 4�, 215 North Tioga Street, Ithaca, NY 14850 . Agenda 1 . Call to Order & Pledge of Allegiance 2 . Persons to be Heard and Board Comments 3 . Report from Tompkins County Legislature 4 . Report from Common Council 5 . 6 : 00 p . m . Public Hearing a local law amending Chapter 250 of the Town of Ithaca Code , Titled "Vehicles and Traffic , " to prohibit vehicles from stopping within 125 feet of either side of the Winthrop Drive crosswalk located east of Brandywine Drive a . Consider adoption 6 . 6 : 05 p . m . Public Hearing for Three Noise Permits at IC a . Consider approval of Noise Permit for April 19th b . Consider approval of Noise Permit for April 22"d c . Consider approval of Noise Permit for May 7th 7 . 6 : 10 p . m . Public Hearing — Local Law removing references to the now-defunct New York Board of Fire Underwriters in Chapters 125 ( Building Construction and Fire Prevention) , 221 (Signs) , 225 (Sprinkler Systems) and 270 (Zoning) of the Town of Ithaca Code a . Consider Adoption 8 . Consider setting a Public Hearing for April 26 , 2010 regarding Noise Permits for five Ithaca College events 9 . Joint Youth Commission Presentation 10 . Acknowledge intent of the Director of Planning to retire a . Discuss forming a committee to address Planning Department 11 . Consider appointment of Conservation Board Associate members 12 . Consider approving the purchase of a new loader 13 . Consider Acceptance of Bids for: a . New Trailer Mounted Hydroseeder b . New Trailer Mounted Mulcher April 5, 2010 14 . Consider authorization to enter into a Memorandum of Understanding between Tompkins County and the Town of Ithaca regarding the Hanshaw Road Walkway a . SEQR b . Authorization 15 , Consider Authorization for the Advertisement for Bids for the Town of Ithaca Forest Home Traffic Calming Phase I Improvements 16 . Approaches to Industrial Development including gas drilling 17 . Consider Approval of a Budget Amendment Increasing the Sewer Fund Budget to Establish Funding to Pay the City of Ithaca the Town 's Share for Completed Work on the East State Street/Martin Luther King Street Reconstruction of the Sewer Interceptor 18 . Consider revision of Smoking Policy 19 . Consider Resolution Supporting the State Farmland Protection Plan 20 . Consider resolution of support for investigation into and potential development of a pedestrian/bicycle facilities on Route 96B south of the Town/City Boundary 21 . Consider acceptance of Park Foundation Grant 22 . Consider Ulysses Water situation 23 . Consent Agenda a . Town of Ithaca Abstract b . Bolton Point Abstract c . Approval of Minutes March 22 , 2010 d . Approval of Disposition List e . Approval of Surplus Item - Lift f . Approved budget transfer for purchase of a laptop g . Approval of Surplus Item — Hydro-seeder 24 . Report of Town Officials 25 . Report of Town Committees a . Discuss scheduling of Town Board lunches with Staff 26 , Intermunicipal Organizations 27 . Review of Correspondence 28 . Consider Adjournment April 5, 2010 a Regular Meeting of the Ithaca Town Board P' Monday, April 12 , 2010 at 5 : 30 p. m . y 215 North Tioga Street, Ithaca, NY 14850 Present : Supervisor Engman ; Councilwoman Leary ; Councilwoman Riha ; Councilman Goodman ; Councilman Levine ; Councilwoman Hunter; Councilman DePaolo Staff: Jim Weber, Highway Superintendent ; Jonathan Kanter, Director of Planning ; Bruce Bates , Director of Code Enforcement ; Judy Drake , Human Resources Specialist ; Susan Brock, Attorney for the Town ; Alfred Carvill , Budget Director, Paulette Terwilliger, Town Clerk Call to Order & Pledge of Allegiance Supervisor Engman called the meeting to order at 5 : 32 and led the assemblage in the pledge of allegiance . Persons to be Heard and Board Comments Bruce and Doug Brittain addressed the Board with comments on the Forest Home Traffic Calming Phase I plans . (Attachment # 1 ) Bruce Brittain gave their background stating that they were both engineers and have done extensive research and surveys for the plan . The Brittains were concerned that the current design by McFarland Johnson has errors and problems detailed in their handout . Mr. Brittain touched on a couple of them such as the width of the Pleasant Rd entrance , the width of the walkways that are reduced down to 2 or 3 feet instead of the suggested 4 feet . The location of the drainage spots which they believe would result in ponding at the entrances . They were also concerned about the phasing of the construction . They strongly suggest that the plan is not ready to go out to bid . They stated that Staff is and has been aware of the issues and they have not been addressed . The Brittains offered to stay or come back to answer questions when the Item came up on the agenda . Councilman DePaolo suggested the Agenda Item be moved after the presentation from the Joint Youth Commission . The Board agreed . There were no other persons to be heard . Board Comments Councilwoman Hunter discussed the need for roto-tilling at the Community Garden and she wanted permission to solicit quotes from the public to do this . The topic was added to the agenda before the Consent Agenda , AGENDA ITEM Report from Tompkins County Legislature — No one TB 4- 12-2010 Page 2 of 27 AGENDA ITEM Report from Common Council — No one AGENDA ITEM Joint Youth Commission Presentation (Attachment #2) Lorraine Moran , Chair of the Joint Youth Commission addressed the Board and thanked them for their support over the years . Ms . Moran gave a background on the Commission and presented the Board with their Annual Report , The Commission has a Budget of $ 120K and they run four programs . Federal monies are matched by the Town and the Village and the Commission recommends where the money is used . Ms . Moran referred to the Report and explained the Program Pyramid and described each level . Recreation programs and youth development services are the main focus with some services also aimed at at risk youth and probation . Board Questions Councilwoman Leary asked for a breakdown of where the students come from and Ms . Moran responded that most are from the Town . Supervisor Engman asked what the Town contributes . The breakdown of the children is : 7% from Lansing , 8 from VCH and 85% from the Town . For income earning jobs, the children must be from one of the communities but if they have a friend in a neighboring community, they are allowed to participate , but they are not paid . It is a reciprocal program ; children from Danby , for example can participate in our programs and our youth can participate in Danby's programs . Councilwoman Hunter asked what ideas they have to make up for a possible lack in federal money. Ms . Moran responded that the County is launching some youth services programs which will focus on mentoring and pairing of young adults with the youth as a pilot program . AGENDA ITEM 6 : 00 p. m . Public Hearing Regarding a Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled "Vehicles and Traffic, " to Prohibit Vehicles From Stopping Within 125 Feet of Either Side of the Winthrop Drive Crosswalk Located East of Brandywine Drive Supervisor Engman opened the public hearing at 6 : 12 p . m . There was no one wishing to address the Board and the public hearing was closed . a . Consider Adoption No discussion TB RESOLUTION NO . 2010-066 : Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE , TITLED "VEHICLES AND TRAFFIC, " TO PROHIBIT VEHICLES FROM STOPPING WITHIN 125 FEET OF EITHER SIDE OF THE WINTHROP DRIVE CROSSWALK LOCATED EAST OF BRANDYWINE DRIVE " TB 4- 12-2010 Page 3 of 27 WHEREAS , at its meeting on January 26 , 2010 , the Public Works Committee heard a request from a resident on Winthrop Drive to amend the Town ' s Vehicles and Traffic Chapter to prohibit vehicles from parking or idling east and west of the crosswalk on both sides of Winthrop Drive , and the Public Works Committee decided to recommend the Town Board prohibit vehicles from stopping in this location ; and WHEREAS , at its March 22 , 2010 study session meeting , 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 April 12 , 2010 at 6 : 00 p . m . to hear all interested parties on the proposed local law entitled " A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE , TITLED "VEHICLES AND TRAFFIC, " TO PROHIBIT VEHICLES FROM STOPPING WITHIN 125 FEET OF EITHER SIDE OF THE WINTHROP DRIVE CROSSWALK LOCATED EAST OF BRANDYWINE DRIVE " , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law , or any part thereof, and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of the proposed local law is a Type. II action because it constitutes "routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment, " and thus this action is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED "VEHICLES AND TRAFFIC, " TO PROHIBIT VEHICLES FROM STOPPING WITHIN 125 FEET OF EITHER SIDE OF THE WINTHROP DRIVE CROSSWALK LOCATED EAST OF BRANDYWINE DRIVE " , a copy of which is attached hereto and made a part of this resolution , and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED : Councilwoman Riha SECONDED : Councilman DePaolo VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously TB 4- 12-2010 Page 4 of 27 AGENDA ITEM 6 : 05 p. m . Public Hearing for Three Noise Permits at IC Supervisor Engman opened the public hearing at 6 : 15 . Russell Martin from the Office of Student Engagement and Multi Cultural Affairs was available for questions . Councilwoman Riha asked for details on the IC Kicks Back and Mr. Martin explained the concept . It is an effort to celebrate safely in one area . Councilman DePaolo asked if it was open to the public and Mr. Martin said it was not . Councilman DePaolo noted that the resolution stated it was , and the reference would be deleted when the motion was made . Councilwoman Leary asked about notification to the neighbors . Mr. Martin responded that they post it in house and send press releases to Public Relations . Councilwoman Leary noted that the South Hill Civic Association and Friends of Ithaca College are important groups to be notified and Mr. Martin responded that they have been and would be for all events . Supervisor Engman closed the public hearing at 6 : 19 p . m . a. Consider Adoption -- Event on April 19 , 2010 TB RESOLUTION NO . 2010-067 : Approval of Noise Permit Application Received From Hillel Student Organization for Israeli Independence Day Celebration to be Held on April 19, 2010 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, April 12 , 2010 at 6 : 05 p . m . to hear all interested parties regarding an application received. from the Hillel Student Organization for an Israeli Independence Day Celebration to be held on April 19 , 2010 from 3 : 00 p . m . to 8 : 00 p . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , whereby it is planned that approximately 400-500 persons shall participate ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and WHEREAS , this event is open to the public , and the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE .IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by the Hillel Student Organization . TB 4- 12-2010 Page 5 of 27 MOVED : Councilman Levine SECONDED : Councilwoman Riha VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously b. Consider Adoption — Event on April 22 "d TB RESOLUTION NO , 2010=068 : Approval of Noise Permit Application Received from the Ithaca College Residence Hall Association (RHA) for an Earth Day Event to be Held on April 22 , 2010 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, April 12 , 2010 at 6 : 05 p . m , to hear all interested parties regarding an application received from the Residence Hall Association for an Earth Day Event to be held on April 22 , 2010 from 3 : 00 p . m . to 5 : 00 p . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , whereby it is planned that approximately 100 persons shall participate ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and WHEREAS , this event is open to the public , and the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by the Residence Hall Association . MOVED : Councilman Goodman SECONDED : Councilman Levine VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously c . Consider Adoption — Event on May 7 t Changes were made to delete the reference to the event being open to the public and to detail which community organizations should be notified . TB 4- 12-2010 Page 6 of 27 TB RESOLUTION NO . 2010=069 : Approval of Noise Permit Application Received from Ithaca College for an IC Kicks Back Event to be Held on May 7, 2010 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, April 12 , 2010 at 6 : 05 p . m . to hear all interested parties regarding an application received from Ithaca College for an IC Kicks Back event to be held on May 7 , 2010 from 12 noon to 6 : 00 p . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , whereby it is planned that approximately 2 , 300 persons shall participate ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and WHEREAS , the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal and notification shall be made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by Ithaca College . MOVED : Councilman DePaolo SECONDED : Councilwoman Riha VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM 6 : 10 p. m . Public Hearing - Local Law Removing References to the Now=Defunct New York Board of Fire Underwriters in Chapters 125 ( Building Construction and Fire Prevention), 221 (Signs), 225 (Sprinkler Systems) and 270 (Zoning) of the Town of Ithaca Code Supervisor Engman opened the public hearing at 6 : 23 p . m . There was no one wishing to address the Board on this topic . TB 4- 12-2010 Page 7 of 27 d . Consider Adoption TB RESOLUTION NO . 2010-070 : Resolution Adopting "A LOCAL LAW REMOVING REFERENCES TO THE NOW-DEFUNCT NEW YORK BOARD OF FIRE UNDERWRITERS IN CHAPTERS 125 ( BUILDING CONSTRUCTION AND FIRE PREVENTION), 221 (SIGNS), 225 (SPRINKLER SYSTEMS) AND 270 (ZONING) OF THE TOWN OF ITHACA CODE " WHEREAS , the New York Board of Fire Underwriters has ceased doing business and become defunct; and WHEREAS , the Town Code of the Town of Ithaca makes references to the New York Board of Fire Underwriters and these references are no longer applicable and therefore need to be removed from the Town Code , and WHEREAS , at its March 22 , 2010 study session meeting , 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 April 12 , 2010 at 6 : 10 p . m . to hear all interested parties on the proposed local law entitled "A LOCAL LAW REMOVING REFERENCES TO THE NOW-DEFUNCT NEW YORK BOARD OF FIRE UNDERWRITERS IN CHAPTERS 125 (BUILDING CONSTRUCTION AND FIRE PREVENTION), 221 (SIGNS), 225 (SPRINKLER SYSTEMS) AND 270 (ZONING ) OF THE TOWN OF ITHACA CODE " , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment , " and thus this action is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW REMOVING REFERENCES TO THE NOW-DEFUNCT NEW YORK BOARD OF FIRE UNDERWRITERS IN CHAPTERS 125 (BUILDING CONSTRUCTION AND FIRE PREVENTION), 221 (SIGNS), 225 (SPRINKLER SYSTEMS) AND 270 (ZONING) OF THE TOWN OF ITHACA CODE a copy of which is attached hereto and made a part of this resolution , and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law . TB 4- 12-2010 Page 8 of 27 MOVED : Councilman Goodman SECONDED : Councilwoman Hunter VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Consider Setting a Public Hearing for April 26 , 2010 Regarding Noise Permits for Five Ithaca College Events TB RESOLUTION NO . 2010=071 : Set a Public Hearing Regarding Five Noise Permits for Events at Ithaca College RESOLVED , that the Town Board of the Town of Ithaca hold a qublic hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York , on the 26 " day of April 2010 , at 4 : 35 p . m , for the purpose of considering Noise Permits for the following events : 1 . IC College Jewish Celebration Lag B'Omer on May 2"d from 4-9 p . m . at the Campus Center Quad approximately 150 people 2 . IC Senior Class end of year barbeque on May 19th from 11 — 4 p . m . at the Campus Center Quad approximately 400 people 3 . IC Commencement Eve Fireworks on May 22nd from 9 : 45 — 10 : 15 p . m . 4 . IC Commencement procession on May 23rd from 9- 11 a . m . 5 . IC Convocation procession on August 23rd from 10 : 30 — 2 : 30 p . m . FURTHER RESOLVED , that at such time and place all persons interested in the proposed permits may be heard concerning the same ; and 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 official newspaper of the Town of Ithaca and to post a copy of same on the signboard of the Town of Ithaca . A vote on the motion was as follows : MOVED : Councilwoman Riha SECONDED : Councilman Levine VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Acknowledge Intent of the Director of Planning to Retire Supervisor Engman noted that there was a copy of Mr. Kanter's letter in the Board 's packet . TB 4- 12-2010 Page 9 of 27 TB RESOLUTION NO . 2010- 072 : Acknowledge Intent of the Director of Planning to Retire WHEREAS , Jonathan Kanter, Director of Planning , submitted his Letter of Intent to Retire , effective January 1 , 2011 ; now, therefore , be it RESOLVED , that Town Board of the Town of Ithaca does hereby acknowledge and accept Jonathan Kanter's letter of intent to retire , effective , January 1 , 2011 , MOVED : Councilman DePaolo SECONDED : Councilwoman Riha VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously a . Discuss forming a committee to address Planning Department Supervisor Engman asked the Board to start thinking about establishing a committee to start the process of filling the position . The Personnel Committee recommends that the department be reviewed when such a large change is happening . The topic can be discussed further at the study session . The Board should give some thought on who should be on the Committee ; possibly community members etc . as well as determining if there is any in -house interest in the position . X11 AGENDA ITEM Consider Appointment of Conservation Board Associate Member Supervisor Engman noted that because neither member lives in the Town of Ithaca , they have to be associate members . Discussion followed . It was noted that there are still regular member positions open for Town residents . p � � �- 3 AGENDA ITEM � moved up by the Board I Consider Authorization for the Advertisement for Bids for the Town of Ithaca Forest Home Traffic Calming Phase I Improvements o { �� Councilman DePaolo moved the resolution and Councilwoman Hunter seconded for the purpose of discussion . Mr. Weber stated that they have been working with the state and the Forest Home group . They have listened and made changes with input from the residents and they have received approval and a commitment from the state . He understands there are still some question as to the intent of the plans to meet the expectations of the community, but he believes the plans do fulfill all of the obligations the Town has committed to and they have a plan that will meet all of the community' s expectations . Councilman DePaolo stated that he was party to a meeting with Staff and Neighbors and he was taking notes to educate himself and to remember certain elements and expectations and he noted that there were certain adjustments that were to be made on the plan documents that were supposed to be made and were not and could be easily made . He went on to say that given the speed with which the State approved it , just TB 4- 12-2010 Page 10 of 27 over a week, making the changes should be doable . He was troubled that certain issues have not been addressed as agreed upon at the meeting he attended . Mr. Weber was not familiar with the details of what Councilman DePaolo was referring to so he could not comment . Discussion followed regarding the timeline and what would happen if the plans went back to the State . Mr. Weber couldn 't answer beyond saying that there is no guarantee the approval would be as fast if it was resubmitted . If the changes are significant , they would have to go back to the State . Councilwoman Riha asked who determines what is substantial . Supervisor Engman noted that there is also the fact that the County is involved and if significant changes are made they would have to be cleared by the County also and we had to wait quite a while for their approval . Mr. Weber again stated that he is not familiar with the concerns Councilman DePaolo is referring to , so he can not answer whether they are significant or not . Councilman DePaolo gave an example of the neighborhood wanting the entrance way with a 25 foot width to accommodate a bicycle lane for uphill and the plan reflects a 21 foot width . He gave a few more examples . He also talked about the drainage holes , and agreed with the Brittains about their placement . Councilwoman Leary agreed saying that when we involve neighbors , especially those who have shown themselves to be very meticulous and they say there are things that were promised that were not addressed . She thought if we were going to take the input seriously , we should take the extra time to investigate what the concerns are . Councilwoman Hunter asked if the Public Works Committee was meeting prior to the Study Session and could the Board table the action until then to hear what their recommendation is after meeting and the meeting would include the neighbors . Councilman DePaolo stated that he had a sense from the meeting that there were a number of issues where the Brittain Brothers are not getting what they want , but the meeting had a wide representation of the neighborhood present and there are some elements that could be improved in relatively short order. Mr. Kanter suggested that a very specific agenda be made for the Public Works agenda and reiterated that there is a very real risk of gong back to the state as far as turn around time and there is no guarantee . Discussion followed . Supervisor Engman noted that there were some things that we brought to the County that they did not approve and since they own the road , they were not incorporated . Research would have to be done prior to the meeting to itemize the issues in question and the background from previous meetings where some things may have been denied . Councilman DePaolo went on to say in some cases he believes the concept was agreed on but could even be typographical errors . TB 4- 12-2010 Page 11 of 27 Councilman Goodman moved that the issue be referred to the Public Works Committee for a recommendation . Councilwoman Hunter seconded . Discussion followed regarding what exactly the Board wanted from the Committee . There was a lot of discussion regarding what the process and how long it has been in the works . Councilman DePaolo reiterated that items that have been "put to bed" at other meetings should stay there and he is not trying to undermine staff in any way, but there seems to be things that were agreed upon that were not carried through , and he was not interested in placing blame because he had no idea where the items fell through the cracks . But they need to be researched , discussed and put there if they were supposed to be . Supervisor Engman thought it would be helpful in the future to make sure lists of agreed upon changes , inclusions , etc are kept up to date and made available to the Board to avoid these kinds of issues . Right now there is no record and Councilwoman Riha added that at this point , the Board only has Rich 's recollections of the meetings discussing the agreed upon changes . Councilman DePaolo stated that Mr. Walker made summary minutes but it always boils down to somebody's recollection . Councilwoman Hunter asked for the question to be called because much of the discussion happening now can happen at the committee level . Question was called . TB RESOLUTION NO , 2010= 074 : Refer Forest Home Traffic Calming Phase I Improvements Discussion to Committee RESOLVED that this matter be referred back to the Public Works Committee for discussion at' their next meeting and to request that they make a recommendation to the Town Board for discussion at the Study Session scheduled for April 26 , 2010 , MOVED : Councilman Goodman SECONDED : Councilwoman Hunter VOTE : Ayes : Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : Engman Motion passed unanimously AGENDA ITEM Consider Approving the Purchase of a New Loader Discussion followed on what was wrong with the present loader. a�Luaj 5 TB RESOLUTION NO . 2010 = 075 Purchase of a New Loader I WHEREAS : the Town of Ithaca has a 1993 Loader with 11 , 000 hours on it , and the transmission has gone on it ; and WHEREAS : this loader is a critical component of our day to day operations and needs to be replaced , and WHEREAS : the lack of a second functioning loader constitutes a public emergency affecting public property and the safety and property of Town residents because roadway, water and sewer maintenance for the Town of Ithaca requires a two- loader TB 4- 12-2010 Page 12 of 27 system to address shoulder safety , material handling , and construction applications, and lack of a second loader will extend public exposure to road and construction hazards during the summer maintenance season because the Town 's Public Works Department will not be able to address such hazards in an expeditious manner if it does not have use of a second loader. WHEREAS : this public emergency requires immediate action which cannot await competitive bidding , and WHEREAS : the Public Works Committee and Budget Committee have reviewed and recommended the purchase of a new loader, and WHEREAS : Public Works Department has received three quotes , now therefore be it , RESOLVED : the Town Board does hereby authorize and direct the Highway Superintendent/Director of Public Works to purchase a new loader from Five Star Equipment for $ 135 , 500 . 00 with the money to be expended from DB5130 . 220 account , and be it further RESOLVED : the Town Board authorizes and directs the Town Budget Officer to appropriate $ 135 , 500 . 00 from the Highway Fund operating fund balance to meet this expenditure . MOVED : Councilwoman Hunter SECONDED : Councilman Levine VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Consider Acceptance of Bids for . a . New Trailer Mounted Hydroseeder TB RESOLUTION NO . 2010=076 : Acceptance of Bid for a New Trailer Mounted Hydroseeder. WHEREAS , Two bids were received for a New Trailer Mounted Hydroseeder; and , WHEREAS , the Highway Superintendent has reviewed the bid specifications , and Wolbert and Master, Inc . is the bidder who is closest to meeting the bid specifications and the lowest bid ; and , WHEREAS , upon the Highway Superintendent's findings , he recommends that the Town Board of the Town of Ithaca accept the bid of a new trailer mounted hydroseeder from Wolbert and Master, Inc . ; now therefore be it , RESOLVED that the Town of Ithaca Town Board accepts the respective bid from Wolbert and Master, Inc . ; and be it further, TB 4- 12-2010 Page 14 of 27 AGENDA ITEM Consider Authorization to Enter Into a Memorandum of Understanding Between Tompkins County and the Town of Ithaca Regarding the Hanshaw Road Walkway See i c (WAS (� 4 a . SEQR TB RESOLUTION NO . 2010=078a SEQR : Authorization to Enter into a Memorandum of Understanding between Tompkins County and the Town of Ithaca Regarding the Hanshaw Road Walkway, and the Funding and Possible Financing of the Hanshaw Road Walkway WHEREAS , these actions include authorization by the Town Board of the Town of Ithaca to enter into a Memorandum of Understanding between Tompkins County and the Town of Ithaca regarding the Hanshaw Road Walkway, as well as the funding and possible financing of the Hanshaw Road Walkway by the Town of Ithaca Town Board ; and WHEREAS , the Hanshaw Road Walkway will be included as part of the Hanshaw Road Reconstruction project that will be constructed by Tompkins County, and the Walkway within the Town of Ithaca will be located between the Village of Cayuga Heights boundary on the west and Sapsucker Woods Road on the east , aligned on the north side of Hanshaw Road ; and WHEREAS , it has been determined that the above-described actions are Unlisted actions , 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 this uncoordinated environmental review; and WHEREAS , the Tompkins County Legislature conducted an uncoordinated environmental review regarding the Hanshaw Road Reconstruction project , which included at that time the walkway from the Village of Cayuga Heights boundary to Salem Drive , and on September 4 , 2007 , issued a Negative Declaration of Environmental Significance , indicating that the reconstruction project will not have any significant environmental impacts ; and WHEREAS , the Town Board at its regular meeting held on April 12 , 2010 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II prepared by the Town Public Works Department for these actions ; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part 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 actions as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . TB 4- 12-2010 Page 13 of 27 RESOLVED , that the Highway Superintendent is hereby authorized and directed to purchase a New Trailer Mounted Hydroseeder with the $25 , 750 to be taken from the DB5130 . 216 (60 percent) , A7110 . 216 (20 percent) , A8540 . 216 (5 percent) F8340 . 216 ( 10 percent) , and G8120 . 216 (5 percent) accounts . MOVED : Councilwoman Riha SECONDED : Councilwoman Hunter VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously b. New Trailer Mounted Mulcher TB RESOLUTION NO , 2010=077 : Acceptance of Bid for a New Trailer Mounted Mulcher. WHEREAS , Two bids were received for a New Trailer Mounted Mulcher; and , WHEREAS , the Highway Superintendent has reviewed the bid specifications , and Five Star Equipment , Inc . is the bidder who is closest to meeting the bid specifications ; and , WHEREAS , upon the Highway Superintendent' s findings , he recommends that the Town Board of the Town of Ithaca accept the bid of a new trailer mounted mulcher from Five Star Equipment , Inc . ; now therefore be it , RESOLVED that the Town of Ithaca Town Board accepts the respective bid from Five Star Equipment , Inc . ; and be it further, RESOLVED , that the Highway Superintendent is hereby authorized and directed to purchase a new Trailer Mounted Mulcher with the $20 , 495 to be taken from the DB5130 . 215 (60 percent) , A7110 . 215 (20 percent) , A8540 . 215 (5 percent) F8340 . 215 ( 10 percent) , and G8120 . 215 (5 percent) accounts . MOVED : Councilman Goodman SECONDED : Councilwoman Hunter VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously TB 4- 12-2010 Page 15 of 27 MOVED : Councilwoman Hunter SECONDED : Supervisor Engman VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously b . Authorization Discussion followed on what the action was and whether the Town has any say in the design . Councilman DePaolo asked why Cornell was not mentioned in the resolution as far as their financial commitment . Mr. Weber answered that the MOU is between the Town and the County regarding the construction and the funding is between the Town and other entities . So the funding , sources are not in this MOU . Mr. Weber understood that we have already received the funding from Cornell for the design phase . Mr. Kanter added that the Town has Cornell 's Community Investment Initiative which lists this project which also includes the walkway extension . Supervisor Engman added that he has met with Cornell and received confirmation that the commitment will be honored . Discussion followed . AGENDA ITEM Approaches to Industrial Development Including Gas Drilling Supervisor Engman gave a brief statement saying that TCCOG is working on developing a road construction law and a road preservation law aimed at protecting municipalities against damage from heavy equipment . The road preservation is much more difficult and needs more researched . There are options from contracting with engineering firms , keeping it in-house , or joining a consortium . AGENDA ITEM Consider Approval of a Budget Amendment Increasing the Sewer Fund Budget to Establish Funding to Pay the City of Ithaca the Town 's Share for Completed Work on the East State Street/Martin Luther King Street Reconstruction of the Sewer Interceptor Discussion followed on the existing agreement and whether we are aware of when these projects are starting . There have been issues with the City and Mr. Weber, Mr. Carvill , and Supervisor Engman are working on this . Discussion followed . TB RESOLUTION NO . 2010-080 : BUDGET AMENDMENT INCREASING THE SEWER FUND BUDGET TO ESTABLISH FUNDING TO PAY THE CITY OF ITHACA THE TOWN ' S SHARE FOR COMPLETED WORK ON THE EAST STATE STREET/ MARTIN LUTHER KING STREET RECONSTRUCTION OF THE SEWER INTERCEPTOR WHEREAS : under the "Joint Interceptor Agreement" between the City of Ithaca and the Town of Ithaca dated December 31 , 2004 the Town has a 41 . 57% ownership in the joint interceptors , and TB 4- 12-2010 Page 16 of 27 WHEREAS : under this agreement the Town of Ithaca has agreed that the Town shall pay 41 . 57% of any future capital expenditures on the joint interceptors and pump stations , and WHEREAS : expenses totaling $ 128 , 039 have been incurred for work associated with the reconstruction of the sanitary sewer main in the 300 block of East State Street/Martin Luther King Street , WHEREAS : the Town 's share of this expense is $53 , 225 . 81 ($ 128 , 039 x 41 . 57%) , and WHEREAS : the Town 's Public Works Director/Highway Superintendent has discussed and reviewed these charges with the City's Superintendent of Public Works and recommends that this billing to be received of $53 , 225 . 81 from the City of Ithaca be paid , and WHEREAS : a review of the 2010 Sewer Fund budget by the Town Budget Officer has disclosed that no funds have been budgeted to meet this expenditure , and WHEREAS : the Town Budget Officer recommends appropriating $53 , 225 . 81 from the Sewer Fund fund balance for appropriation line G8150 . 521 , "Jointly Owned Interceptors City & Town , " and be it RESOLVED : that the Town Board approve , authorize and direct the Town Budget Officer to record the appropriate budgetary amendment to establish funding to meet this expense . MOVED : Councilwoman Riha SECONDED : - Councilwoman Hunter VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Consider revision of Smoking Policy TB RESOLUTION NO . 2010=081 : Approval of Revisions to Smoking Policy WHEREAS, the Town Board adopted the Smoking Policy in November 2002 as part of the overall Personnel Manual revisions ; and WHEREAS, the revised policy has been reviewed and edited to comply with Article 13- E of the Public Health Law (see below) ; and Now, therefore , be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the revised Smoking Policy; and be it further TB 4- 12-2010 Page 17 of 27 RESOLVED, the Human Resources Manager is directed to update the policy in the Personnel Manual . MOVED : Councilwoman Riha SECONDED : Councilwoman Hunter VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Consider Resolution Supporting the State Farmland Protection Plan Supervisor Engman gave a brief summary. TB RESOLUTION NO . 2010 = 082 Urging the New York State Legislature to Support the State's Farmland Protection Program and Environmental Protection Fund WHEREAS , agriculture is a significant contributor to New York's economy; and , WHEREAS, farms provide jobs , support local businesses and are part of industry sectors that have a $23 billion economic impact annually in New York ; and , WHEREAS, farms comprise 7 million acres of land in New York , roughly 25% of the state's land base ; and , WHEREAS , farmers have provided open space at low cost throughout New York; and , WHEREAS , rapidly changing economic conditions threaten the future viability of New York's agricultural industry; and , WHEREAS, 26 , 000 acres of farmland are developed each year in New York; and , WHEREAS , the State of New York established a Farmland Protection Program in 1992 to assist towns and counties in developing and implementing local agricultural and farmland protection plans ; and , WHEREAS, over $3 million has been awarded by the Farmland Protection Program to 50 counties and 52 towns to assist in the development of local agricultural and farmland protection plans ; and , WHEREAS, the Farmland Protection Program has awarded more than $ 173 million to help farmers , local governments and land trusts permanently protect 74 , 000 acres on 303 farms ; and , WHEREAS, demand for Farmland Protection Program funding has been strong due to the program 's popularity, with a record 181 farms seeking $ 156 million in state funding to protect 49 , 500 acres in 2008 ; and , TB 4- 12-2010 Page 18 of 27 WHEREAS , funding for the Farmland Protection Program is allocated from the state 's Environmental Protection Fund ( EPF) , a dedicated fund whose principle funding source is a state Real Estate Transfer Tax ( RETT) ; and , WHEREAS, the Governor and State Legislature must take steps this year to protect New York's valuable farmland and strengthen the future for farms across New York; RESOLVED, that the Town of Ithaca does hereby urge state lawmakers to support New York's farmers , the state ' s agricultural economy and protection of valuable farmland by supporting funding for the Farmland Protection Program and Environmental Protection Fund ; and be it further RESOLVED, that the Town of Ithaca does hereby oppose drastic cuts to the Farmland Protection Program and Environmental Protection Fund , as outlined in the Governor' s FY 2010- 11 Budget Proposal ; and , be it further RESOLVED, that the Clerk of the Town of Ithaca is hereby directed to forward copies of this resolution to Governor David Paterson , Senate Republican Leader Dean Skelos , Senate Democratic Leader Malcolm Smith , Assembly Speaker Sheldon Silver, Assemblyperson Barbara Lifton , Senator George Winner and the American Farmland Trust , MOVED : Supervisor Engman SECONDED : Councilwoman Hunter VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Consider Resolution Of Support For Investigation Into and Potential Development Of a Pedestrian/Bicycle Facilities on Route 96B South of the Town/City Boundary Councilman DePaolo gave a brief summary . TB RESOLUTION NO . 2010=083 : Support for Investigation Into and Potential Development of Pedestrian/Bicycle Facilities on Route 96B , South of Town/City boundary. WHEREAS , State Route 96B is a major arterial that serves the Town of Ithaca and City of Ithaca , and is a primary travel route to and from downtown Ithaca ; and , WHEREAS , a roughly 3/5 mile section of Route 96B extending south from the City of Ithaca boundary lacks sufficient non -vehicular infrastructure ; and , WHEREAS , the Transportation Plan of the Town of Ithaca , adopted in July , 2007 , acknowledges the aforementioned lack of infrastructure and safety issues presented by such ; and , TB 4- 12-2010 Page 19 of 27 WHEREAS , recent pedestrian/vehicular accidents further underscore the need to accommodate foot and bicycle traffic ; and , WHEREAS , the section of Route 96B under discussion is served by numerous pedestrian and bicycle generators including Ithaca College , South Hill Elementary School , the South Hill Business Park , South Hill Church of the Nazarene , Longview senior assisted living facility ; and , WHEREAS , shoulders along the section of Route 96B under discussion are inadequate or non -existent and in several sections the topography of the land bordering the roadway prohibits safe foot and bicycle travel , leaving no alternative but for pedestrians and cyclists to compete with motorists ; and , WHEREAS , future expansion of the business and residential populations utilizing Route 96B threatens to exacerbate an already dangerous problem ; and , WHEREAS , the current highway footprint and traffic patterns present potential opportunities for the conversion of travel lanes into pedestrian and bicycle friendly facilities without compromising vehicle safety or levels of service . THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca fully supports the investigation and development of options to improve pedestrian and bicycle safety in the Route 96B corridor south of the City of Ithaca . BE IT FURTHER RESOLVED , that the Town Board of the Town of Ithaca commits itself to continuing a constructive dialog among members of the South Hill Pedestrian/Bike Safety Committee , the New York State Department of Transportation , and all affected stakeholders , and to seeking a mutually beneficial and expeditious course of action to improve pedestrian and bicycle safety on and adjacent to Route 96B . MOVED : Councilman DePaolo SECONDED : Councilwoman Riha VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously AGENDA ITEM Consider Acceptance of Park Foundation Grant Discussion focused on the goals listed and how they would be accomplished . The Board added to the goals items such as Stormwater Management , Water Supply Infrastructure , and Investigation of Funding Sources . Discussion then turned to supervision and Mr. Kanter did not think the position should fall under the Planning Department with their current workload and in his experience , the position works with so many other boards and committees and groups that it is often better that they are more centralized and not attached to a particular department . Supervisor Engman stated that he would be willing to be the supervisor of the position . TB 4- 12-2010 Page 20 of 27 TB RESOLUTION NO . 2010=084m, Authorization to accept a grant from the Park Foundation for a Sustainability Project for the Towns of Dryden and Ithaca WHEREAS , the Town of Ithaca Town Board unanimously adopted a resolution to participate in the New York State "Climate Smart Communities" initiative on April 27 , 2009 , and WHEREAS , additional resources are needed to fully participate in the Climate Smart Communities program , and WHEREAS , the Town of Ithaca is updating its Comprehensive Plan , which will likely incorporate new topics such as sustainability and greenhouse gas emissions reduction , and WHEREAS , the Town of Dryden will soon be updating its Comprehensive Plan to likely include sustainability , and WHEREAS , the Towns of Ithaca and Dryden submitted a grant proposal to the Park Foundation to fund projects related to sustainable and environmental issues , and WHEREAS , the Park Foundation has offered a grant in the amount of $ 105 , 000 over two years - $60 , 000 in 2010 and $45 , 000 in 2011 , and WHEREAS , the Towns of Ithaca and Dryden will formulate and sign an intermunicipal agreement to formalize the contractual relationship between the Towns , now THEREFORE BE IT RESOLVED that the Supervisor of the Town of Ithaca is hereby authorized to accept the grant for funding to support a Sustainability Program for two years with a maximum cost to the Town of Ithaca of $7 , 500 in 2010 and $ 15 , 000 in 2011 . MOVED : Supervisor Engman SECONDED : Councilman DePaolo VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously , ate AGENDA ITEM Consider Ulysses Water Situation g4L,� Supervisor Engman had drafted the resolution and a cover letter to explain the background again . He stated that staff has worked on this billing issue for three years and still haven 't gotten to the bottom of it . He passed out the billing history generated by Mr. Carvill and explained the numbers . Councilman Levine started the discussion stating that agreeing to pay half of the $ 125K for the two-way meter is too much . He would be willing to agree to paying what would amount to giving back any profit the town has made after paying Bolton Point for the water. He estimated that would have the Town paying approximately $41 K towards the TB 4- 12-2010 Page 21 of 27 meter. Anything over $41 puts the Town in the red which has our residents paying to bring water to the Town of Ulysses . The problems with the billing , he suggest that be forgotten and move forward . The contract says they have to pay what we bill based on our meter read and that should be enforced . The two-way meter may be a good idea , but it benefits them , not us or our residents and our financing it would be subsidizing the Town of Ulysses water supply. Discussion followed on the dollar amounts and how those were derived . Councilman Levine detailed them saying ; we made a "profit" of $ 19 , 884 and they owe us $21 , 254 and when you add those figures you get the $41 K. Anything over that puts the Town in the red . So we credit the Town of Ulysses for those two figures and that would be considered out contribution towards the two-way meter. Discussion followed and changes were made to the resolution . Supervisor Engman added that the process would be to go back to the Town of Ulysses with this offer and then they would have to decide if they wanted the meter or not . The resolution would be forwarded with a cover letter clearly stating the intent of the Town . If they choose not to go ahead with the meter, the contract will still be enforced . The contract is not changing . There was some discussion on the legality and process of Board "forgiving" those amounts . Ms . Brock explained that they do have the legal authority under the contract . Councilwoman Leary asked if it was clear in the resolution that the $41 K would only be offered if the two-way meter was installed . Supervisor Engman responded "yes" and if they decline , we will be back to square one . He added that the Town of Ulysses wanted to reopen contract negotiations and he felt we should absolutely not . The Board agreed . Mr. Weber joined the discussion talking about the construction and maintenance of the building and the meter. The contract now has the Town of Ulysses maintaining the water tank in there boundary and he did not believe they have the expertise to build and maintain the two-way meter. Discussion followed . The Board decided they would make it a condition of the settlement that the Town of Ithaca would be building and maintaining the meter. Mr. Carvill then spoke about the cost of supplying the water and the larger issue of future improvements to the water system town -wide and there are major issues there . Councilman DePaolo asked if once the meter was in place and if the leak is found to exist or not exist , what happens to those other costs of the missing water that was very significant. Discussion followed . Supervisor Engman did not think there was a clean way of analyzing the history. Councilman DePaolo then asked who would be reading the meter to ascertain future readings are accurate . Bolton Point or the Town of Ithaca would be designated as the reader. Ms . Brock then addressed the Board regarding the appropriation of monies and the possible need for public hearings . Supervisor Engman responded that the resolution is TB 4- 12-2010 Page 22 of 27 not committing to anything at this point , just giving direction . Changes were made to the resolution to clarify its non -binding tone as far as monies spent . An MOU would be drafted if and when the Town of Ulysses agrees to the concept outlined in the resolution . The final draft of the resolution was read in its entirety by the Clerk. TB RESOLUTION NO , 2010-085 : AGREEMENT TO PROCEED WITH A TWO-WAY WATER METER IN COOPERATION WITH THE TOWN OF ULYSSES WHEREAS , the Town Board of the Town of Ithaca and the Town Board of the Town of Ulysses entered into an agreement to share water service for Ulysses Water District Number 3 and Town of Ithaca residences in the Woolf Lane area on October 30 , 2003 ; and WHEREAS , there has been disagreement since 2004 over the exact amount of water used in each municipality; and WHEREAS , there has been disagreement since 2004 over billings for water delivered to the Town of Ulysses ; and WHEREAS , the Town Director of Public Works , Budget Officer and Supervisor have investigated the matter and recommend that a two-way meter be installed by the Town of Ithaca at or near the Town of Ithaca/Town of Ulysses boundary to document the flow of water between the two towns , and WHEREAS , the Town of Ulysses Town Board has expressed a willingness to share costs of a two-way water meter and to pay past bills due , NOW, THEREFORE BE IT RESOLVED , the Town of Ithaca agrees to explore sharing the cost of the water meter with the Town of Ulysses with the Town of Ithaca' s share not to exceed $41 , 139 . 25 , and FURTHER RESOLVED , that this offer is contingent upon the payment by the Town of Ulysses of an unpaid balance in the amount of $21 , 254 . 46 . MOVED : Supervisor Engman SECONDED : Councilman Goodman VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously ADDED AGENDA ITEM COMMUNITY GARDEN ROTOTILLING Councilwoman Hunter explained the need for some plots that are either unclaimed or "community" plots need to be roto-tilled . She wanted the Board 's approval to solicit bids . Mr. Carvill explained that there is a line for those types of services/needs in the TB 4- 12-2010 Page 23 of 27 Community Garden budget . She thought the cost would be approximately $300 and the Board told her to proceed . AGENDA ITEM Consent Agenda Councilman DePaolo asked that Item d , Approval of Disposition List , be pulled from the consent agenda . TB RESOLUTION NO . 2010=086@ 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 . Town of Ithaca Abstract b . Bolton Point Abstract c . Minutes of March 22 , 2010 Approval of Disposition List Pulled d . Approval of Surplus Item Sale e . Approval of budget transfer for purchase of a laptop MOVED : Councilwoman Riha SECONDED : Supervisor Engman VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, DePaolo and Levine Nays : None Motion passed unanimously TB RESOLUTION NO . 2010=086a : 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 . 8189 - 8264 General Fund Town wide 53 , 333 . 95 General Fund Part Town 69212 . 23 Highway Fund Part Town 432123 . 85 Water Fund 14 , 080 . 72 Sewer Fund 3789741 . 64 Risk Protection Fund 2 , 346 . 52 Fire Protection Fund 41 , 829 . 75 Warren Road Walkway 43 . 92 f Forest Home Lighting District 0 Glenside Lighting District 11 0 Renwick Heights Lighting District 1 0 TB 4- 12-2010 Page 24 of 27 Eastwood Commons Lighting District 0 Clover Lane Lighting District 0 Winner's Circle Lighting District 0 Burlei h Drive Lighting District 0 Westhaven Road Lighting District 0 Coddin ton Road Lighting District 0 Trust and Agency 0 TOTAL 539 , 712 . 58 Passed under Consent TB RESOLUTION NO. 2010-060b : 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 : 1638 - 1705 Check Numbers : 12270- 12337 Operating Fund $ 114836 . 77 TOTAL $ 114836 . 77 Passed under Consent TB RESOLUTION NO . 2010- 086c : Approval of Town Board Minutes of March 22 , 2010 WHEREAS , the Town Clerk has presented the minutes for the Town Board meeting held on March 22 , 2010 to the Town Board for review and approval ; now therefore be it RESOLVED , the Town Board does hereby approve for filing the minutes of the meetings held on March 22 , 2010 . Passed under Consent RESOLUTION NO . 2010 -086d : Sale of Surplus Items — Public Works Department WHEREAS , an on - line municipal auction is held once a month ; and WHEREAS ; a new lift , as identified within the 2010 budget was purchased ; and ' TB 4- 12-2010 Page 25 of 27 WHEREAS , the Highway Su perintendent/Director of Public Works has determined the 1 04o Air Lift is no longer needed by the Town and recommends putting the 10-ton Air Lift in an online municipal auction ; and now therefore be it , RESOLVED , the governing Town Board of the Town of Ithaca does hereby declares the above-described equipment to be surplus and no longer needed by the Town ; and FURTHER RESOLVED , that the above-described equipment be placed in an on - line auction , with the money from the sale going into the Cash Reserve—Highway Equipment ( DB230) account . Passed under Consent TB RESOLUTION N0 . 2010 – 086e Sale of Surplus 300=Gallon Hydroseeder – Public Works Department WHEREAS ; a new hydroseeder, as identified within the 2010 budget was purchased ; and WHEREAS , the Highway Su perintendent/Director of Public Works has received interest from another municipality wishing to purchase the existing 300-gallon hydroseeder; and now therefore be it , RESOLVED , the governing Town Board of the Town of Ithaca does hereby declare the above-described equipment to be surplus and no longer needed by the Town ; and FURTHER RESOLVED , that the above-described equipment sale be negotiated with the Superintendent/Director of Public Works , with the money from the sale going into the Cash Reserve—Highway Equipment ( DB230) account . Passed under Consent TB RESOLUTION NO . 2010-086f: Approval and Authorization To Transfer Excess Budgeted Funds From Appropriation Account Electrical Inspection Contract To Appropriation Account Information Technology Hardware For The Purchase Of A Laptop Computer For The New Code Enforcement Officer WHEREAS : At the February 22nd Ithaca Town Board meeting the Board created the Electrical Inspector & Code Enforcement Officer position , and WHEREAS : This Code Enforcement Officer will need a laptop computer in the field to conduct day-to-day work, and WHEREAS : Excess funds are available in the Zoning & Code Enforcement department budget line " Electrical Inspection Contract to meet this needed purchase , and TB 4- 12-2010 Page 26 of 27 WHEREAS : The Town Budget Officer recommends transferring $4 , 600 from the budgeted appropriation account Electrical Inspection Contract to budgeted appropriation account Information Technology — hardware , and therefore be it RESOLVED : That the Town Board approves both the purchase of a "Toughbook Laptop Computer and Accessories and the budget 2010 transfer of excess funds from the Zoning — Electrical Inspection Contract to Information Technology — Hardware for acquisition funding . Passed under Consent AGENDA ITEM pulled from Consent Approval of Disposition List Councilman DePaolo asked if we as a Town are comfortable with disposing of tapes forever. Ms . Terwilliger responded that the audio tapes have been routinely been disposed of according to the MU1 schedule in the past and if these tapes were kept , they would be the only ones . Discussion followed regarding the retention of the audio recordings now being made digitally. Ms . Terwilliger responded that that subject is coming up for discussion at the next Operations Committee meeting and that nothing has been discarded or will be discarded until a policy is developed for this new type of recording of meetings . TB RESOLUTION NO . 2010 — 087 : Approval of Disposition List Year Ending 2009 WHEREAS, the Town Board adopted the Record Retention and Disposition Schedule MU - 1 ; and WHEREAS, the following list of documents and tapes are eligible for disposition according to that schedule : 1 . Planning Board — Tapes of meetings from December 2007 through December 2009 2 . Zoning Board of Appeals — Tapes of meetings from December 2008 through November 2009 3 . Town Board — Tapes of meetings from December 2007 through December 2009 4 . Department of Public Works — 2004 records of motor vehicle inspections and maintenance 5 . 2004 Town Clerk General Disposition Box Now, therefore , be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the disposition of said records . MOVED : Councilman Goodman SECONDED : Councilman Levine VOTE : Ayes : Engman , Goodman , Leary, Riha , Hunter, DePaolo and Levine TB 4- 12-2010 Page 27 of 27 Nays : None Motion passed unanimously AGENDA ITEM Report of Town Officials None AGENDA ITEM Report of Town Committees Ms . Drake reported that the Personnel Committee has decided on the 3rd Wednesday of the month alternating between Town Hall and Public Works for the luncheons with staff that has previously been discussed with the Board . She sent around a sign - up sheet for Board members . Mr. Carvill spoke about Capital Projects and the Town is an Improvement Benefit Area and that carries with it the need to abide by Article 12c which has specific requirements and specific timetables which we need to really start paying attention to and follow more diligently . Discussion followed . Ms . Brock reported as the Attorney for the Wastewater Treatment Plant — There is a dispute by a contractor and the City has been sued for damages and she wanted to let the Board know that she was representing them and she will update the Board . Councilwoman Riha commented on the article in the Ithaca Journal regarding overtime and wages at the City of Ithaca fire department . Discussion followed . Intermunicipal Organizations None Review of Correspondence None Consider Adjournment Meeting adjourned at 9 : 28 p . m . Res p c II bmitted , Paulette Terwilliger Town Clerk TOWN OF ITHACA TOWN BOARD . SIGWIN SHEET DATE : April 12 , 2010 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PUNTADDRESS / AFFILIATION TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger, 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 O NOTICE OF PUBLIC HEARINGS �T�OWNsOFTHA'CA Location of Sign Board Used for Posting : F PUB IGNO CES r >� On-beh�alf of the Towns o o i Dryden . Lansing I[hacal I I a I - , Villages of Cayu ; , Town Clerks Office gaa Hej ghts and Lansni '� NOTICE IS HEREBY GIU I 215 North Tioga Street EN , h it the Town Cl kkofi I Ithaca NY 14850 1 the!6To`wn of Ithaca hi n-- r , ceived'' the Annual Fnan�', aalf Report of the South` Cayuga .4. ake Inter municipal Water. Date of Po tigg : commission tB Date of'P PoihOor the year ending. 2009 ��for filingr. with the NYS' Comptroller s O Said Report is' i. , for„'publid review ar i eI . t ad own!Hall': Paulette Terwilliger PUBLIC HEARINGS Will : be held at ,the` Town Town Clerk Bba"r,,d Study Session Ap ulp26th at 4:35 ,pm: re garding five noise permit. appl etions fonevents ati Ithaca' College'* to hear putil cl'commention same,.`., STATE OF NEW YORK) Paulette Te williger lerk Tov�h�C s�y . _ COUNTY OF TOMPKINS) SS : 4a 4i�,i,af2m o TOWN OF ITHACA) Sworn t and subscribed before me this day of 2010 . (C :: 2 N tary PU64P DEBRA DEAUGISTINE NOTARY PUBLIC -STATE OF NEW YORK No . O1 DE6148035 Qualified in Tompkins County My commission Expires June 14, 2010 DATE: March 19, 2010 TO: Herb Engman Rich DePaolo Bill Goodman v c� D7A? Ej TO A44a Susan Riha Jim Weber 41 C:F�k .L.A%t �l - 3o tor' 4 5o r4 5 Dan Walker Michael Bend z Drew Noden CC: Bill Merwarth Trisha Hiemstra James Braung FROM: Bruce Brittain l Doug Brittain RE: Phase I Forest Home c Calming — February 2010 Design On March 4, 2010 Dan Walker sent us a packet of information which included the February 2010 version of McFarland4ohnson' s Forest Home Traffic Calming Phase I design (Sheet Nos. 1 = 20), as well as Dan' s March P response. While we are pleased that some of the solutions that were agreed to at the informal Forest Home Traffic Calming Phase I working group's February 4`� meeting were included in Dan's letter, we note that others were not In addition, several problems that were pointed out in our memo of November 19, 2009 (and some as early as August 26, 2009) have still not been corrected. This halting progress is rather discouraging. And it makes it all the more important that this design document come back to the Town' s public works committee and the informal Phase I working group for review before going onto the Town Board and the State for final approval. The apparent reluctance on the part of Town staff and the consultants to correct known errors is a little puzzling. No one likes to be faced with the prospect of additional work (we sure didn't!), but making the changes now will be far easier than scrambling to find solutions while the bulldozers are idling, or having to rebuild parts of the ,project later when things don't turn out as hoped. While it is, clear that many design changes still need to be made, we should emphasize that correcting McFarland-Johnson' s document should not take prohibitively long. We have tried to spell out the appropriate changes, below. Our explanations are fairly complete and detailed, in order to simplify the task of revising the design document. However, if there is anything that is not clear, we would be happy to meet with members of the public works committee, Town staff, or McFarland4ohnson to discuss this further. Note that there may be additional difficulties identified by others that will also need to be addressed before the design document is finalized and the review can be considered to be complete. Finally, we would like to express our thanks once again to the Town for implementing this first phase of the Forest Home Traffic Calming Plan. With a little extra work, we can have a design document that should allow construction to proceed smoothly and result in a successful project. Specific concerns are as follows: Scupper Design The concerns that we expressed in our November 19, 2009 memo about McFarland4ohnson' s proposed scupper design have still not been addressed. 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I • 1 t F=6 P= 1 1 1 1 11 I 1 1 1 1 1 1 • 1 ' • 1 1 1 1 1 ! ' 1 1 1 t I A A 1 • 1 - t 1 1 ! 1 1 1 1 • " l - / • . 1 1 1 1 1 " . 1 • : 1 1 ' 1 t • 1 1 1 As with the other mid-block speed table on Judd Falls Road (Sheet No. 10), there is no indication of how much of the existing concrete curb-and-gutter section is to be removed and how much is to be .paved over. Sheet No. 12, Site #4, Entrance Feature Layout (Forest Home Drive, 100 Block) The existing pavement is settling badly in the vicinity of this entrance feature, and it appears that the roadway base has failed. This section of road will need to be rebuilt prior to the construction of the entrance feature. This entrance feature is to have 137 ft of new granite curbing, installed 21 ft curb-to-curb. However, the existing pavement width is already approximately 21 ft. Should there be an indication that the pavement is to be sawcut along the lines of the new curbs, not so much to reduce pavement width, but to establish smooth edges? If the electrical disconnect box can be mounted directly on NYSEG' s utility pole, then there would not be a need for the pedestal-mounted disconnect box shown on this Sheet. Sheet No. 13, Site #5, Entrance Feature Layout (Pleasant Grove Road) As Dan Walker indicated in his March 3, 2010 letter to McFarland-Johnson, the informal Phase I working group decided that the existing alignment of the eastern curb would be retained at the Pleasant Grove Road entrance. Unfortunately, Dan failed to mention that the group had also agreed that the new curbing called for on the western side of the road is to be installed so as to create a 25 ft curb-to-curb width. This would allow for two 9 ft lanes, two 1 V2 ft colored synthetic asphalt shoulders, and one 4 ft wide bicycle climbing lane adjacent to the eastern curb. (See our Typical Section Site #5, referenced above.) Sheet No. 13 needs to be changed in order to reflect this agreement. Our survey of this area indicates that the local high spot on Pleasant Grove Road is approximately 64 ft south of NYSEG utility pole #37. As we pointed out in our memo of November 19, 2009, locating the speed table at this high spot would allow water to drain freely in both directions, thereby completely eliminating the need for any scuppers or special drainage measures. (This may be what McFarland- Johnson was attempting to do. The Pleasant Grove Road Profile shown on Sheet No. 13 indicates that they only took roadway elevations at a few points, which could explain why they missed the high spot. If they had fit a smooth curve to their survey points, they should have suspected that they had missed the actual high spot on the road.) Since the speed table is 22 ft long, it should be possible to center it on the high spot, or shift it up to 11 ft in either direction, and still have the roadway drain to the end of the curbs on either end. Shifting it more than 11 ft would mean that the road would slope down toward the speed table, and water would collect there, trapped by the curbs. McFarland-Johnson' s proposed location for this entrance is 51 ft south of the utility pole. There are several problems with this location: It is not at or within 11 ft of the high spot in the road, and so will not completely drain; the western lamppost would be located almost directly under the overhead wires, and the lamp head could interfere with the guy wire and television cable; and the eastern lamppost would interfere with one of the evergreen trees along the Hasbrouck fence. Centering the speed table 61 ft south of the pole appears to be best for avoiding interference with the evergreen trees, and would work fine for drainage, but the lamp head is still relatively close to the overhead wires. (Relocating the utility pole to be closer to the road would help, and if barrier curbing is to be installed, perhaps NYSEG would be willing to consider this.) The farther south the speed table is located, the more clearance there is with the overhead wires. However, 66 ft from the utility pole is about as far south as the center of the speed table can be located without having the southern ramp run into interference with a series of water shut-off valves that are located in the eastern lane of Pleasant Grove Road While this (66 ft) location would still work for drainage, it would unfortunately necessitate the trimming of a few tree branches. Shifting the road centerline to the west, by perhaps 1 ft, would provide a bit of extra clearance both for the overhead wires on the west and for the trees on the east, while still keeping the roadway on the existing pavement. 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If a thin layer of new gravel for the shoulder is simply placed on top of the protruding underlying pavement, it is likely to roll off. 'Reducing the existing pavement width to 21 ft would allow for a greater depth of gravel, which should result in a more stable shoulder. The white edge line tapers on Sheet No. 15 are shown 21 ft wide at the narrowest, rather than 18 ft (two 9 ft lanes), and should be redrawn accordingly. Also, the lanes are currently striped 10 ft wide, not 12 ft as indicated. Sheet No. 16, Site #8, Entrance 'Feature Layout (Caldwell Road) At its February 4'h :meeting, the informal Phase I working group decided that the Caldwell Road entrance should be shifted northwest, approximately 15 ft closer to Forest Home, at or near the location called for in the Forest Home Traffic Calming Plan. (This would allow_ the tree on the southwest side of the road to grow without interfering with the lamppost, and should make it easier for tractor-trailers to back to the Filter Plant loading dock.) Dan did not mention this in his March Yd letter to McFarland4ohnson. Although the group discussed the possibility that this change could be made in the field (as if it were an unexpected last-minute adjustment, rather than a pre-build agreement), there seems to be no reason that this design change couldn't be made now. We would therefore like to see Sheet No. 16 revised to reflect the modified location of this entrance feature. (Please note that this may involve lengthening both curbs by approximately 15 ft in order to still extend to the Filter Plant driveway.) The September 2009 version of this design called for scuppers at this entrance to be located 6 ft southeast (uphill) of the speed table. As we :pointed out in our .memo of November 19, 2009, this would lead to pon ding. Given that the road has a 3 %z = 4V2O/o gradient at this location, water would actually flow over the top of the speed table before it ran out the scuppers. We suggested that, rather than using the gradual "Curb Transition to Drainage Outlet" detailed on Sheet No. 16, it would be better to use a shorter scupper design that .could be located at the base of the speed table up-ramp. Instead of correcting this problem, the scuppers have instead been inexplicably moved even further uphill, making them even less useful. We repeat our request to have the scuppers moved to be adjacent the base of the ramp, where they could actually do some good. More drainage work may be required at this entrance than simply reshaping the ditch behind the northeastern lamppost, as indicated on Sheet No. 16. If the lamppost obstructs the ditch, some underdrain may be required This entrance feature is to have 111 ft of new ,granite curbing (perhaps extended by an additional 15 ft), installed 21 ft curb-to-curb. However, the existing pavement width is already approximately 21 ft. Should there be an indication that the pavement is to be sawcut along the lines of the new curbs, not so much to reduce pavement width, but to establish smooth edges? The label "Curb Taper From 13 ' 0" to 10' 6" Both Sides" should be dropped from Sheet No. 16. This is apparently left over from a previous iteration of the design (when the curbs tapered), and is inconsistent with the current design. Instead, there could be an indication that the white edge lines are to taper from 10 ft down to 9 ft at the curbs, consistent with directives concerning white edge lines on (some of) the other Sheets. It may be necessary to relocate one or more existing signs that will be in the vicinity of the speed table, and which could end up being too close to the lampposts. If so, Item 647. 11 on the Table of Quantities on Sheet No. 4 would need to be revised accordingly. If the electrical disconnect box can be mounted directly on NYSEG' s utility pole, then there would not be a need for the pedestal-mounted disconnect box shown on this Sheet. Sheet No. 17, Site #9, Mid=Block Speed Table Layout (Forest Home Drive, 300 Block) Dan' s letter to McFarland-Johnson requested that the note on Sheet No. 17 regarding the shoulder be modified to indicate that a 2 ft wide ;gravel shoulder be maintained on the south side of the road at this mid-block speed table. However, it would make more sense for the current 3 ft width of this gravel shoulder to be retained. The shoulder is used by pedestrians, joggers, the mailman, and people checking their mail, and there is no advantage in reducing its width. The white edge line tapers on Sheet No. 17 are shown 21 ft wide at the narrowest, rather than 18 ft (two 9 ft lanes), and should be redrawn accordingly. Also, the lanes are currently striped 9'/Z ft wide, not 10%s ft as indicated on Sheet No. 17. Sheet No. 18, Site #10, Entrance Feature Layout (Forest Home Drive, 300 Block) The agreement reached by the informal Phase I working group at its February 0 meeting was to 'keep the current curve radius at this location with no kink, and to have a smooth alignment that blended with current (and future) roadway centerlines. (Keep in mind that the Forest Home Traffic Calming Plan calls for the centerline of Forest Home Drive to be shifted south by a couple of feet within the community, in order to make room for an eventual walkway along the north side of the road) While Town staff have requested that the road be moved north if possible, so as to be farther away from the bank, this relocation is not necessary, and is clearly not as important as achieving the agreed-upon alignment requ'nrements. Our survey of the area indicates that moving the road the other way (south) may achieve better results (as we mentioned as long ago as July 13, 2009). In either case, the notes on Sheet No. 18 indicating that Forest 'Home Drive is to be shifted 3 ft to the north at this entrance location should be eliminated, or revised to clearly indicate that any lateral relocation of the current roadway centerline is conditional upon maintaining a smooth, safe alignment. In addition, Sheet No. 18 needs to be redrawn to show the curbs as being curved through their entire length. As it is currently drawn, it shows straight curb lines with an abrupt kink right at the speed table. Since everyone agreed that this is not the way this entrance is supposed to be built, it should not be shown this way on this Sheet It appears that this Sheet needs a note indicating that the contractor is to furnish and install 96 ft of new granite curbing on the south side of the road. There is such a note for the curbing on the north, but not for the curbing on the south. At its February 4'h meeting, the informal working group agreed that the curve' s existing superelevation will be retained through the speed table at this entrance. There should therefore .probably be a note on Sheet No. 18 stating this. This would be consistent with the 'Match Existing" note on the Typical Section on Sheet No. 3. McFarland-Johnson' s proposal for drainage at this entrance continues to be a concern. They still call for a scupper to be located at the northeast corner of the speed table, on the outside of the curve. Since the road has superelevation at this point, and is going to continue to, this scupper is unnecessary, since water will not flow uphill to it In addition, this scupper would reduce the effectiveness of the barrier curb that is supposed to protect the northern lamppost from errant vehicles. Since this scupper is unnecessary and counterproductive, it should be eliminated. There is also a problem with the scupper that McFarland- Johnson has proposed for the southeast corner of the speed table. They have located it 6 ft east (uphill) of the speed table, which will lead to ponding where water is trapped by the curb and the speed table up- ramp. Since Forest Home Drive has a gradient of approximately 1 % at this location, the puddle would end up being about 8 ft long. This scupper needs to be located immediately adjacent to the up-ramp in order to avoid this problem. We raised these concerns in our memo of November 19, 2009, but they have still not been addressed. In addition, there may also need to be an underdrain south of the south pillar, as we discussed at the informal working group's January a meeting. If so, Sheet No. 18 would need to be revised to reflect the inclusion of subsurface drainage, and the scupper at the southeast corner of the speed table would need to feed into thus, or could perhaps be a catch basin instead This entrance feature is to have 96 ft of new granite curbing, installed 21 ft curb-to-curb. However, the existing pavement width is already approximately 21 ft. Should there be an indication that the pavement is to be sawcut along the line of the new curbs, not so much to reduce pavement width, but to establish smooth edges? .bdbm the Also, travel lanes are currently striped 9%s ft wide, .not 12 ft as indicated on Sheet No. 18. If the electrical disconnect box can be mounted directly on NYSEG' s utility pole, then there would not be a need for the pedestal-mounted disconnect box shown on this Sheet. Sheet No. 19, Typical Pavement Markings No comment. Sheet No. 20, Electrical Details — I Should the Underground Ductbank Detail for Paved Area mention that the existing pavement is to be sawcut along the edge of the trench? The Pavement Replacement for Drainage Disturbance detail shown on Sheet No. 3 indicates that the pavement is to be sawcut 9 inches wider than the trench on either side. It would seem that the same methodology should be applied for the installation of the electrical conduits that cross the road. If so, the Table of Quantities on Sheet No. 4 would have to be revised to include the increased amount of sawcutting required The Underground Service Connections to NYSEG Pole shows a pedestal-mounted disconnect box. Shouldn't it be possible to attach this box directly to NYSEG's utility poles? (See also Electrical Disconnect Boxes, above.) 1 1 F 7 If k f w� Re r p 4, 41 y ,err Gr v� p"Jrz`{.e . i MW 'If Sam �..� �'.... i f p ' d �e , . If qw ! iu .,4„q: 3+ A : f v x = ' d: II „•tide Ij oft If I a. 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O y d =3 O m M d -y r ) C C [ IL) J t = ° 3 ca 7y y C EM O d = co �3 mm m m a o m o m C3 n m co m �o c c cn S co yy C3 cA m CA m a O a y -r S O t' y cc S f0 -C -ti Cl) 7 V3 to C O y O -�+ m m m C cA m C7 G a) � < m C3 p O O C O B m m > j m US ca.. ° 'C S ° v y m m CA m 7 •C C S C3 m .c-t C d y [D O � d 1G S �--► - 3 S �'S.-cc S C m m ..0 G = O ° C0 a a O Cr Y o CD ,� ' . ... .. . O CD CD I CD CD ol CD lz 6 CD Polk CD CD CD 0 CP N O CD ° °p (A � o o ; � o .o b o � cAO a' N co y b O O � p � p G" (IQ 0 Q- p 7 O. OO C �O "! En 0 r+ co r '* N .� rn A (p cu � .. . � .y ny O m .. . CD - y rA �. < CD O CD y"0 CD CIA v, � � � (D O. w. 0 113 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM To: Town Board Members From : Darby Kiley, Planner 0 Date: April 2, 2010 Re : Associates for the Conservation Board The Conservation Board (CB ) at its meeting on April 1 , 2010 voted unanimously to recommend two individuals for Associate positions on the board. Both Aaron Donato and Larissa Smith have attended recent CB meetings and were interviewed by CB members . However, neither is a resident of the Town of Ithaca and cannot fill open voting member positions. Aaron is a Cornell student, living just inside the City of Ithaca in Mews Hall, Larissa Smith is a life-long resident of the Ithaca area and is currently working as an extension agent at Cornell. Both Aaron and Larissa are interested in and have experience working with invasives species management, which is a priority of the CB . At the request and encouragement of CB Chair Diane Conneman, Larissa is in the process of developing a fact sheet on invasives plants that will be available in time for a local plant sale and will be available for public distribution. The CB bylaws allow Town Board appointments for associate positions to individuals who wish to volunteer their time and expertise. The bylaws do not specify that the associate members need to be residents of the Town of Ithaca. The CB still has two unfilled positions and will continue the search for new Conservation Board members . Please let me or any CB member know if you have any suggestions . A draft resolution to appoint these individuals as associates is enclosed for the Town Board' s consideration. The following materials are also enclosed: the Conservation Board ' s adopted resolution recommending the associates, Aaron Donato ' s application, and Larissa Smith' s resume. Enc. A GENDA 1 I REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, APRIL 12, 2010 TB RESOLUTION NO , 2010- 0 APPOINTMENT OF CONSERVATION BOARD ASSOCIATES BE I ESOLVED , that the Town Board of the Town of Ithaca hereby appoints the following i iv,iduals as Associates to the Conservation Board for terms beginning April 12 , 2010 an ending December 31 , 2011 : Aaron Donato 171A Mews Hall , Ithaca , NY • 14853 Larissa Smith 437 N Aurora Street, Ithaca , NY 14850 MOVED : SECONDED : VOTE : C' w ADOPTED RESOLUTION Town of Ithaca Conservation Board Associate Positions Recommendation to Town Board April 1, 2010 MOTION made by Tony Ingraham, seconded by Nirav Patel. RESOLVED, that the Town of Ithaca Conservation Board recommends to the Town Board that Aaron Donato and Larissa Smith be appointed as Associates to the Conservation Board . A vote on the motion was as follows : AYES : Diane Conneman, Andy Goodell, Tony Ingraham, Nirav Patel , Kristine Shaw NAYS : None The motion passed unanimously. w' Larissa Smith, 437 N. Aurora Street Home Phone: (607) 351 -2770 Ithaca, NY 14850 Email Address: lls14 @cornell.edu Education Cornell University, Master of Science, Crop & Soil Sciences (Invasive Plant Ecology), December 2006 Thesis. `Arbuscular Mycorrhi.Zal Fungi and the Competitiveness of the Invasive Vine Pale Swallow-wort" Cornell University, Bachelor of Science, May 1998 Major. Plant Sciences Professional Work Experience Program Coordinator, Field Crops Extension Cornell University Dec. 2007-Present • Collaborate with faculty and staff in the coordination of statewide extension programs in field crops, soil, and environmental management • Publish educational articles in both popular and industry periodicals • Develop educational programming for New York State cooperative extension and undergraduate students in the College of Agriculture and Life Sciences • Coordinate statewide and regional workshops and symposia Soil Health Initiative Dept. of Crop and Soil Science, Cornell University March 2006- Sept. 2007 • Worked in a collaborative team effort to develop soil health assessment tools for stakeholder education and to promote sustainable agricultural practices • Managed large databases toward generating detailed reports for extension, teaching, and on-farm use • Organized and communicated research results with funding agencies, fellow scientists, and stakeholders Laboratory Technician Dept. of Plant Pathology, Cornell University June 1998 July 2003 • Assisted in developing methods for laboratory research • Facilitated high-level multidisciplinary work between numerous lab groups. • Responsible for recording, analyzing, and presenting data from laboratory experiments Graduate Work Experience Cornell University July 2003-Jan. 2006 • Independently developed and executed research projects analyzing the adaptability of invasive plant species • Analyzed the effects of multiple parameters related to competition of native and invasive plant species • Worked in collaboration with local landowners and nonprofit organizations to promote eradication of invasive species and restoration of native plants • Graduate teaching assistant in Integrated Pest Management Leadership Activities LEAD New York July 2009-Present Board of Trustees, Gamma Alpha Scientific Society Jan. 2009- Present President, Gamma Alpha Graduate Scientific Society Jan.2005- Jan.2006 Cornell Soil and Crop Sciences Graduate Student Association Sept. 2003- Dec. 2005 \� r L . NrinT, horm; OF IT�f9 - _ _ TOWN OF ITHACA �41 18 21 215 N . Tioga Street, Ithaca , N . Y . 14850 FEB q �Q10 www.town. ithaca.ny.us EB ;;, iti,aca Board / Committee Application Please type or print in black ink If you are interested in serving as a member of a board or committee please complete this form, attach additional sheets or resume if necessary. Retum completed applications to the Town Clerk's Office. Name:Aaron Donato Address (residence)171A Mews, Hall, Ithaca N .Y. 14853 Telephone (home) 917-945-3604 (work) 917-945-3604 Email address: ajd427@yahoo.com (cell phone) 917-945-3604 Do you live in the Town of Ithaca? � lib Length of residence: 6 Months d}tcupation: Student Relevant education , experience and community affiliations: Natural Resources Major at Comell University Worked for the National Park Service for 1 .5 years on projects involving conservation of resource New resident looking to get involved in the community Areas of Interest (specify board/committee if known): Conservation Board Why are you interested in this position? 1 instantly fell in love with the town of Ithaca and want to serve on this board to help protect the natural beauty and abundant resources of the town. What particular strengths would you bring to this position? Knowledge of conservation techniques and work experience with the National Park Service, an agency that dealt strongly with the conservation of resourc s, both tural, historic and scenic. XZ X12 0 0 Signature of applicant Date Submit application to Town Clerk with resume, if available. prp Mice use only: Date received : Decision letter mailed : Recommended to serve on : Replacing: Committee recommendation: Date: Town Board appointment date: Term: CADocuments and Settings\LTNALocal SetpngsWemporary Internet Filesk=82\13oard committee Application 109 (2).doc Aaron Donato 171A Mews Hall Ithaca NY 14853 917-945-3604 ajd427 kyahoo . com Objective To work with an agency dedicated to resource management. Education Cornell University- Natural Resources Major, Class of 2013 Stuyvesant High School. Graduated 2009 Select Course Work Natural Resources, Independent Research — Animal Behavior, Biology Lab Work, Wilderness Survival, Calculus. Experience Visitor Use Assistant — Staten Island, N.Y. Summer 2008-2009 Fort Wadsworth, Gateway National Recreation Area, National Park Service Led 50 tours of a historic Civil War era fort for over 550 visitors, including nighttime lantern tours for over 40 visitors. Organized a cleanup of a local beach on Staten Island. Cared for 12 goats that were living atop one of the Civil War batteries. Created a field guide of the native plants that could be found in the park and the nearby maritime forest found at Great Kills, another NPS site found on Staten Island. Conveyed information to visitors including directions and attractions for New York City. Gave brief tours of the museum found in the Visitors Center. Arranged several display cases to promote upcoming events and programs. Designed two programs and wrote summaries of the programs for the quarterly program guide. Helped organize the filming of Turkey Vultures living in the fort. Greeted visitors during NYC Marathon. Helped set up Staten Island OutLoud event taking place at the park. Tended to cash register and sold items in the Visitor Center, Media Relations Intern - Brooklyn N.Y. Summer 2007 Brooklyn Cyclones Baseball Club, Minor League Baseball Distributed promotional material. Interacted with fans on game days. Manned information booth and helped run on field events between innings. Maintained field quality with Grounds Crew. Housework — Ithaca N. Y. Fall 2009 Aided an elderly couple in maintaining their home. Various ground work and maintenance. Activities Late night DJ on WVBR 93 . 5 Ithaca, N.Y. Enjoy hiking and traveling � OFIT TOWN OF ITHACA - ` z ✓ ' � 1821 215 N . Tioga Street, Ithaca , N . Y . 14850 10 www .town. ithaca.ny .us TOWN CLERK 273-1721 PUBLIC WORKS (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 ENGINEERING MEMORANDUM FROM : Dan Walker, Senior Civil Engineer TO: James Weber, Director of Public Works Herbert Engman, Town Supervisor Town Board Members DATE, April 6, 2010 RE: Forest Home Traffic Calming Project — Phase I The Plans and Specifications for the Forest Home Traffic Calming Project — Phase I have been completed by McFarland Johnson, have been filed with the Town Clerk, and are available for inspection in the Town Clerk' s office. The Invitation to Bid is included in the Proposal package and a copy is attached to this memo. The dates have been set assuming that the Town Board authorizes the bid process on Monday April 12. There are three stipulated price items in the proposal package. Two of these items are allowances for work that NYSEG has to do. The stipulated price is a maximum and will be reimbursed to the contractor based on actual NYSEG billings. This item is a standard DOT item that sets up a contingency amount for change orders during the project. Expenditure requires prior approval . This item is required in the contract by NYSDOT. NYSDOT Region 3 is completing review of the Plans, Specifications and estimates for the project and Doug Mills has indicated that a letter of obligation should be issued this week. That letter will authorize the Town as the Sponsor to proceed with the Bidding Process by issuing an Invitation to bid. The resolution to authorize the bid is included in the packet for the April 12, 2010 TB meeting. The Invitation to bid will be advertised in the Ithaca Journal and also in the NYS Contract Reporter. Federal and State requirements for contracting include a minimum of 15 business days between the advertisement of bid and the closing of the bidding. Board approval on April 12 will allow the Town Clerk to submit the advertisement to the NYS contract reporter on the 13`h for publication on the 14ie with the earliest due date as May 5` , We will be accepting bids until May 7s' which gives a slight cushion. I have prepared a project schedule from 3/21 /2010 until project completion which is anticipated to be 9/21 /2010, for your information. I :\Projects\Forest Home Drive\Traffic Calming\Construction\contract documents\Memo to Administrators Re approval to Bid Process.doc Town of Ithaca Page 1 4/612010 1 p (� C+j T to M T O V o O O S Lo O O O o O GL CC CO v OD N O O O CIO 00 M w 6% EA EA 64 w a w a U U J J U J U U U H I- • t!7 M d S N n N T Y V O � V ' N � ~ • � N 41 Er ccc am C3 � 0 w 7 y W f.. z TM �a w O w m 41 O U ¢ U uwi TO > O w W o U U' z � cc U U) O O w Fm D D U U H Q w w as u, ¢ a w o O > Z F- A D w m U c y N ce)Fo N w arc w' a a. 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Sealed bids will be received by the Town of Ithaca at the Town of Ithaca Clerks Office, 215 , N. Tioga Street, Ithaca, New York 14850 until 2 :00 P. M. on May 7 , 2010. Bids will be publicly opened at approximately 2 : 00 P.M. The Bidding and Contract Documents may be examined at the following locations : Office of. Town of Ithaca Clerk' s Office 215 N. Tioga Street Ithaca, New York 14850 McGraw Hill Construction Dodge 4 Adler Drive East Syracuse, New York, 13057 Associated Building Contractors 535 Vestal Parkway Vestal, New York 13850 DOCUMENTS may be obtained on or after April 14, 2010, at office of the Town of Ithaca Clerk' s Office, 215 , N. Tioga Street, New York 14850 upon non-refundable payment of $50.00 for each set. If a mailing is required, there will also be a non- refundable mailing fee of $ 10.00 per set of plans and specifications. A certified check or cashier' s check payable to Town of Ithaca or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to five percent (5 %) of the total Bid shall be submitted with each Bid. Each Successful Bidder shall be required to furnish and pay for satisfactory Performance and Labor and Material Payment Bonds, each in the amount at least equal to the Contract Amount as security for the faithful performance and payment of all Contractor' s obligations under the Contract Documents . The Town of Ithaca reserves the right to waive any informality in, or to reject any or all Bids. Bids may be held by- the Town of Ithaca for a period not to exceed sixty (60) calendar days from the date of the Bid Opening for the purpose of reviewing the Bids and investigating qualifications of Bidders prior to awarding the Contract. Please direct all inquires to Daniel Walker, Town of Ithaca Public Works at (607)273 - 1747 extension 128 . Dated: April 13 , 2010 ` Publication Schedule Page 1 of 8 NYSCR NEW YORK STAFF CONTRACT REPORTER YOUR OFFICIAL SOURCE FOR NEW YORK STATE CONTRACTING OPPORTUNITIES Ht. User: DWalker @town . ithaca.ny. us - SITE Ltl PUBLICATION SCHEDULE > Current Open S Archive Insertions Received ; Issue Date Earliest Possible Due Date > Awarde Monday 4/5/2010 4/6/2010 4/27/2010 > Search Manau Tuesday 4/6/2010 4/7/2010 4/28/2010 > A ecncY Wednesday 4/7/2010 4/8/2010 4/29/2010 ListingE Home Thursday 4/8/2010 4/9/2010 4/30/2010 > Help Friday - Sunday 4/9/2010 - 4/11 /2010 4/12/2010 5/3/2010 PUBLIC t Monday 4/12/2010 4/13/2010 5/4/2010 Tuesday 4/13/2010' , 4/14/2010 5/5/2010 . r Subscri About E Wednesday 4/14/2010 4/15/2010 5/6/2010 : New Re Thursday 4/15/2010 4/16/2010 5/7/2010 > Contaa News a Friday - Sunday 4/16/2010 - 4/18/2010 4/19/2010 5/10/2010 ;: Annour Monday 4/19/2010 4/20/2010 5/11 /2010 k, Contras Procure Tuesday 4/20/2010 4/21 /2010 5/12/2010 Resour > Publica Wednesday 4/21 /2010 4/22/2010 5/13/2010 News L Thursday 4/22/2010 4/23/2010 5/14/2010 > Agency FACE Friday - Sunday 4/23/2010 - 4/25/2010 4/26/2010 5/17/2010 > Home Monday 4/26/2010 4/27/2010 5/18/2010 Login F r Agency Tuesday 4/27/2010 4/2812010 5/19/2010 > Bookm Wednesday 4/28/2010 4/29/2010 5/20/2010 Thursday 4/29/2010 4/30/2010 5/21 /2010 Friday - Sunday 4/30/2010 - 5/2/2010 5/3/2010 5/24/2010 Monday 5/3/2010 5/4/2010 5/25/2010 Tuesday 5/4/2010 5/5/2010 5/26/2010 Wednesday 5/5/2010 5/6/2010 5/27/2010 Thursday 5/6/2010 5/7/2010 5/28/2010 Friday - Sunday 5/7/2010 - 5/9/2010 5/10/2010 5/31 /2010 Monday 5/10/2010 5/11 /2010 6/1 /2010 Tuesday 5/11 /2010 5/12/2010 6/2/2010 Wednesday 5/12/2010 5/13/2010 6/3/2010 Thursday 5/13/2010 5/14/2010 6/4/2010 Friday - Sunday 5/14/2010 - 5/16/2010 5/17/2010 6/7/2010 Monday 5/17/2010 5/18/2010 6/8/2010 httv://www.nvscr. or2/Public/PublicationSchedule.ast)x 4/5/2010 . O.• OU m V �9 N A (.wj N -� O FT-Pl$ o o N W' W W W W w W W' W ` W W ,. W W W' <, : 4(, ll . 1. ll\ 4 . : <, P`\. �. \ �, s,\. �. s,\. <\. o � • �S• T . m•. g m; o<-Z m o 2 t. s w- i. °m m g 9 nm O m 5 aD" a,g T m O D n' a o 9 a � _ 3 . o o o Z O a i o m 2 m , � , Z M m m O m ° mi D c m $ J m @ T 3' g. ] 3 9� ao m � � 3 ° c s � T T 2 mm . � ; 0 3R . . � 0 3 w n ' m m ' m m � C o + v f R ' ° ' m B 3 : 0 0 n n 3 0 D N n a o aG_T I' - S n! x m m IT 3 e ' �' ° . o . D � m dN nn; pp NO '! O O O N O N: N! N m . ° ml N' p m N. _ n . �m �o , 1 s 0 a IL� a � a ml ml m ° s ! m • m : o • m '�' �: f- cc f c m Pq lz e' �. a �• 5 0 5 A ! N = e �1 �! �' �. �; a ; �. o . o 0 0; o o. 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( 1 sob 1 , m . . . . _ -- . . . . .. ..- i. a¢ c C{l _ a I : I iiV. N f!. .. . . -------------" �21 , 1' ; ;I m m � I 3 t> �I ry w I {{ N L'! LJ O � m m . . .. . . . .. . . . . .. . . . . . . ... . . . . . . .. . -- .. . . . . . _ .. . . . . . . . . . .. . .. . . . . .. . . . . . . . . . . . . . - . . . . . .. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . .. ... . . . . . . . . . . . . . m u � OFITr 9� E " 9 = 18214 TOWN OF ITHACA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE , ITHACA , N . Y . 14850 publicworks @town . ithaca . ny . us PHONE (607) 273- 1656 Roads, Parks, Trails, Engineering , Sewer, and Water FAX (607) 272-6076 TO: Jim Weber FROM : Gene Redman DATE: April 1 , 2010 RE : Replacement of Loader The Town has received three quotes for a replacement loader. They are as follows: Tracey Road Equipment $ 147,659 .00 Milton Caterpillar $ 135,176 . 00 Five Star Equipment $ 135,500 . 00 Even thought it is not the lowest quote, I recommend excepting the quote from Five Star Equipment. We already own a John Deere machine and are familiars with the operation of them,, and the parts and fluids would be interchangeable. The delivery is between 45 and 60 days. I believe our HEO and MEO's will really feel more comfortable in a machine they are used to. ghk � r ly OF I T� O 9Cl � 9 ie2 TOWN OF ITHACA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE , ITHACA , N . Y . 14850 publicworks @ town . ithaca . ny . us PHONE (607) 273-1656 Roads, Parks, Trails, Engineering, Sewer, and Water FAX (607) 272-6076 TO: Jim Weber FROM: Gene Redman 0 ' DATE : March 16, 2010 RE : Replacement Loader As you know, we have a loader that was bought in 1993 and has 11 ,000 hours on it. The transmission has gone out on it. I have done some checking on what it was cost to fix it and replacement. It would cost approximately $36,000 to have it repaired . Rental will bring the total to repair the loader up to between $75,000 and $ 100,000 . We would pay approximately-311 50,00��0 for a new loader of a smaller size; $ 180,000 for comparable size. I suggest purchasing the smaller model, as it will fulfill our expectations. We would only get about another year out of it due to the amount of hours on it, and it should have been replaced two years ago . Al has indicated that there is some money that can be used for the purchase . ghk PROJECT ID NUMBER 61720 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant.or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME Town of Ithaca Hanshaw Road Walkway &PROJECT LOCATION: Town of Ithaca Tompkins County Municipality County 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map Walkway to be placed on the North side of Hanshaw Road from the Cayuga Heights Village line to Sapsucker Woods Road. 5.IS PROPOSED ACTION: ❑✓ New ❑Expansion ❑Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: Placing a 6 ft wide concrete and/or asphalt walkway. Some areas may require minor grading, curbing, and removal of vegetation. This is part of the Tompkins County Hanshaw Road Reconstruction Project, which was approved in the Ithaca-Tompkins County Transportation Council Transportation Improvement Program(TIP). Actions related to the walkway project include entering into a Memorandum of Understanding with Tompkins County,funding of the walkway, and possible bonding to finance the walkway. Cornell University is also contributing to the funding of the walkway through its Community Transportation Investment Initiative Program. 7.AMOUNT OF LAND AFFECTED: Initially 0.96 acres Ultimately 0.96 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 7 Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ZResidential F Industrial Commercial [--]Agriculture ❑Park/Forest/Open Space ❑✓ Other (describe) Cornell University Fields 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) FV Yes ElNo If yes, list agency name and permit / approval: Walkway is part of Tompkins Co Hanshaw Rd Reconstruction Project that require NYS DOT approval 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0Yes 7N If yes, list agency name and permit / approval: 11I —Ely es A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ues p✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE) Applicant / Sponsor Name Tc LV,p cr� CDate:3/�gJ�U Signature / If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes [✓ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes ❑✓ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: This project will be part of a larger road rehabilitation project by Tompkins County and will have the drainage and r S P tr R I .. . ._. _- _. -. .1811 C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: None anticipated. C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: Town and County addressed residents concerns of tree and vegetation loss and made plans to minimize these r. - C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: This walkway was established as a need in the Town of Ithaca Transportation Plan. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: This area of the Town has it's maximum build out and is in need of the walkway to provide safe walking access f. t p exl%fino residents. _. - .- -_.. _.._ C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: None anticipated. C7. Other ire acts(including changes in use of either quan&or a of eneEgXZ Ex lainbriefl None anticipated. The walkway will provide a transportation option that may reduce the need for some residents t -Lag 2 .n r i i Wne D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? If es,explain briefly: Yes 0 No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex Iain: Yes No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration; (d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determi tion. > 'On rs Z rCA LI/la ��dl0 me of Lead Agency I ate ec�e YKV\ S.�PQ.ry:cc--nT Print or e m o Resp o ibl Lead Agency � A i le ResgggMppns/i/qte Officer gnature of Resp sible Offi i Lead Agency signature of Preparer(it different from responsible o icer MEMORANDUM OF UNDERSTANDING BETWEEN TOMPKINS COUNTY AND THE TOWN OF ITHACA HANSHAW ROAD WALKWAY This agreement, made the day of , 2010, between Tompkins County (hereafter "the County") , a municipal corporation with offices at 125 East Court Street, Ithaca, New York, and the Town of Ithaca (hereafter "the Town"), a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York, 14850. WHEREAS , the County and the New York State Department of Transportation have entered into an agreement whereby the County will receive state and federal money to reconstruct County Road 109, Hanshaw Road between Pleasant Grove Road and Sapsucker Woods Road (the "Project"), and WHEREAS , said reconstruction includes construction of a walkway on the north side of Hanshaw Road between the corporate boundary of the Village of Cayuga Heights and Salem Drive (the "walkway"), and WHEREAS the Town desires to extend the walkway t its own cost along the north side Y g of the Hanshaw Road from Salem Drive to the intersection of Sapsucker Woods Road, and WHEREAS , the parties wish to set forth their respective responsibilities and liabilities regarding the walkway, NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows : 1 . The County shall design and acquire right-of-way as needed for construction of the entire walkway. The County shall complete walkway design and right-of-way acquisition to enable competitive bidding and construction during 2011 . The County shall administer walkway design, bidding, construction and construction inspection as part of the Project. 2 . The County shall keep the Town informed of Project progress and cost estimates . The County and the Town will approve walkway specifications, plans, and estimates prior to advertisement of the Project for construction bids. 3 . The County shall initially pay all walkway costs. The estimated total walkway cost to be shared by the County and Town is $293 , 173 , which includes design, right of way, construction, and construction inspection components . This cost may be broken down as follows : a. Costs to design and acquire the right-of-way for the portion of the walkway between Salem Drive and Sapsucker Woods Road . . . . . . . . . . . . . . . . . . . . . . $609000. b . Cost to construct and inspect the walkway and related curb and gutter sections between Cayuga Heights and Salem Drive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15897184 . Page 1 of 3 c. Costs to construct and inspect the walkway and related gutter sections between Salem Drive and Sapsucker Woods Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $74,455 . 4 . The Town agrees to pay the County within 45 days of receipt of itemized billings and supporting documentation in accordance with the division of financial responsibility outlined herein. The County shall invoice the Town for design and right of way costs (item a. below) upon New York State Department of Transportation approval to advertise the Project for construction bids . The County shall invoice the Town for construction phase costs when applicable Project reimbursement requests are submitted to New York State. a. The Town shall bear 100% of costs to design and acquire the right-of-way for the portion of the walkway between Salem Drive and Sapsucker Woods Road, estimated as $60,000 . Actual costs may vary due to justly determined compensation for rights-of-way. b . The Town shall bear the local share of the cost to construct the walkway between the Cayuga Heights village boundary and Salem Drive, estimated as $31 ,744 . The local share shall be up to 20% of the cost, with actual percentage to be defined in the Project' s construction funding agreement between the County and New York State and actual costs determined by competitive bidding. C, If the actual cost determined through competitive bidding does not exceed the estimate of $74,455 , the Town shall bear 100 % of the costs to construct the portion of the walkway between Salem Drive and Sapsucker Woods Road. d. The Estimated Total Cost to be borne by the Town is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166, 199 . 5 . In the event that prices submitted by the apparent low bidder exceed the estimates, or that Federal or State reimbursement agreements are terminated or suspended, the parties to this agreement shall not be obligated to proceed unless such additional costs are ratified by both parties and funding is guaranteed by the State or Federal sources . 6 . Upon acceptance of the work, the Town shall assume ownership of the walkway and shall bear all costs to maintain it. The Town shall bear all costs to repair or replace the walkway if the Town determines repair or replacement is necessary or desirable. Notwithstanding the foregoing, the County shall pursue all rights for repairs and replacement pursuant to warranty and/or performance bond provisions in the construction documents . 7 . The Town shall be responsible for snow and ice removal on the walkway. Snow removal on Hanshaw Road shall not be affected by this Memorandum of Understanding and shall instead be governed by the then-current Snow and Ice Agreement between the parties . 8 . To the extent permitted by law, the Town agrees to defend, indemnify, and hold harmless the County, its elected officials , public officers, employees, and agents from Page 2 of 3 and against all actions, losses and claims, and costs incidental thereto (including costs of defense, settlement and reasonable attorney' s fees) which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, or other damages or losses , arising out of the performance of this agreement by the Town or the Town' s employees, agents or subcontractors . Notwithstanding the foregoing, to the extent the County is negligent; the Town' s obligations under this paragraph shall not extend to the proportion of loss attributable to the County' s negligence. 9 . To the extent permitted by law, the County agrees to defend, indemnify, and hold harmless the Town, its elected officials, public officers , employees, and agents from and against all actions, losses and claims, and costs incidental thereto (including costs of defense, settlement and reasonable attorney' s fees) which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, or other damages or losses, arising out of the performance of this agreement by the County or the County's employees, agents or subcontractors . Notwithstanding the foregoing, to the extent the Town is negligent; the County' s obligations under this paragraph shall not extend to the proportion of loss attributable to the Town' s negligence. 10. The Town shall be named as an additional insured on all insurance policies related to the walkway that are required by the construction documents and on which the County is named as an additional insured. TOMPKINS COUNTY By: Joe Mareane, County Administrator Date Tompkins County TOWN OF ITHACA By: Herbert J . Engman, Town Supervisor, Date Town of Ithaca Page 3 of 3 TO : Ithaca Town Board FROM : Herb Engman 44 I r/ RE : Ulysses Water Situation DATE : April 6, 2010 Enclosed with this memo are additional pieces of information to help us understand the situation concerning Ulysses Water District 3 and the Woolf Lane water customers in the Town of Ithaca. As I mentioned at the Study Session, Al, Jim and I (as well as new Ulysses Town Supervisor Roxanne Marino) have tried to research this issue and believe we have learned as much as possible even though some details remain unclear. We unanimously have concluded that the only substantial resolution to some of the contentious issues is to build a two-way water meter measuring the flow both into and from the Town of Ulysses . The contract between the two towns has been badly implemented since the time it was signed in October, 2003 until 2007 . It is not apparent that Ulysses was properly billed between 2003 and 2007 . In fact, there are letters from then Supervisor Doug Austic pleading for bills so that he could properly budget. He states at one point that no bills were received for the entire 2005 year. Not until 2009 was Ulysses notified as per the contract that the Town of Ithaca water rate would be increased. In fact, there is a letter (albeit unauthorized by the Ithaca Town Board) that states Ulysses would be billed less that the contracted amount. The contract also states that Ulysses will not be charged for water leaked on the Ithaca side of the project. There have been claims of water loss that can not be properly substantiated because of the lack of adequate metering. Included with this memo is a table which shows that the Town of Ithaca has been paid $ 19, 884. 79 more than paid to Bolton Point for water. A second table shows that the Town lost a total of $ 11 , 567 . 72 because of incorrectly charged rates per 1000 gallons of consumption. As was reported at the March Town Board Study Session, the Town Board of the Town of Ulysses has expressed its willingness to split the cost of a two-way water meter to eliminate any question as to water consumption in the joint Ithaca/Ulysses project. They are also willing to pay an outstanding billed balance of $2 .46 . zi $�" W29 Failure to move forward in an accommodating manner will condemn future town boards on both sides to continued unending squabbling. If the Town Board of the Town of Ithaca agrees, we can start a period of positive history with the new Ulysses Town Board. A �� A REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, APRIL 12, 2010 41� - i RESOLUTION NO, 2010M : AGREEMENT TO PROCEED WITH A TWO- WATER METER IN COOPERATION WITH THE TOWN Qf ULYSSES WHEREAS the Town Board of the Town of Ithaca and t Town Board of the Town of Dryden enter d into an agreement to share water servic for Ulysses Water District Number 3 and own of Ithaca residences in the Woo Lane area on October 30, 2003 ; and WHEREAS , there as been disagreement sin 2003 over the exact amount of water used in each municipali • and WHEREAS , there has een disagreem t since 2004 over billings for water delivered to the Town of Ulysses ; a WHEREAS , the Town Di ctor f Public Works, Budget Officer and Supervisor have investigated the matter and a mmend that that a two-way meter be installed to document the flow of wate tween the two towns, and WHERAS , the Town o Dryde Town Board has expressed a willingness to share costs of a two-way water eter and to ay past bills due, NOW, THEREFORE BE IT RESO VED , the Town of Ithaca agrees to share the cost of the water meter y with the Tow of Ulyssesa ra-total- amount not to exceed ON and/ FURTHE RESOLVED, that this agreeme t is contingent upon the payment by the Town of Ulysses of an unpaid balance in the mount of $21 ,254 . 46. MOVED : SECONDED : VOTE : Cf O CI 0 LO Q O r r N cc le TM r .ri E9 40 RT to co O O co In � O N 00 M N to N N u fA EA W w e•) ti Go 0 t N ff ti N = N N N r vwl H W p N o O Cl) O O N r Q O N N N cn FA Ei► (n LU F V 33 N c C) O } Q m N J " ' 7 fR V! LU CO) IL J 0 0 c c� 1L r LL. z z '—' O> O 0 M q W � a 1 W C v N V F N Q W z >0 Q. Q J C r Cif r Q N a w ui � r U � � Q O CL o � W z U) o mo a z a_ z W J O N } m a Wo a O N � W z N W N � J Q J ' Q N V V rn II \ $ 7 z Z 0 2 r a � � § @ m 7mm m m m . r » r ch o Mj § Z m 2 0 ) = a p m m � 2 Q � § Q 33 B m c 0 > 4 � P m o m k § m w § m o > n- « ro M g ■ > § § m0E x z q § Z C0 z n 1,t - mmi » - (n c m m m r n \ 2 » ■ o : § k 4A 4 ® 4 ® § tp ) Sob w _ z m S ■ o . CA 2 c w � @ / ( f v U 0 B 0 § { & z CA) ,w U) � ft4 t o 8 C13 m � a k ® 40 ® k d / $ B 0 o C) q g & o . a an o @ F § w @ Z m 2 & q t g § o m n o qo » » tea � a � t » 44 _ _ e _ M _ 0 ■ K � r n � � oamw Im 2 v § § � � $ kk m ■ Ch k t B ■ Bt8 coo in E . . . . o @ � w CO) / . d � @ B w4 ® w ® m . z 0 R o / ■ a � § . 40 44i # a o @ o c \ . o • Town of Ulysses Water Rents T65r i7` � Billing Minus Penalties :-.Adlustments y Paid 4 s Balance *- IN. ct�on, � I.L I I I I I I 1.I II I I I I I %i I II Dates ;, s ; r rby Town Description. ; Woolf Lane y, , d dQp z t Consum lion . of`lJl ssesw „ 9/,1'/2004 " ', $ 159477.12 F ` y 3 $ . 15,473 4 1104 bilhng ;; 2 i9/ $ " (383' 68)y 4 15,0 4 ;adjustment 912/2�00�4� $ ;x(943-34) 0 ' ' 1 , , , .`. ' , $ , 14;150.10 ;adjustments ,' .. 9/8%2004 rxv;1 ° s ;$" " (,14,15010) $ cash receipt 9/2312004 " P t 0, r s a k* r 104 billin 12/1/2004 $ 2,176.20 $ 2' I.. 20 1° 9 ' f� F ,' , 1F d ,c dY , " �w _ s " � " $ = 27393 82 anal $ 21762 x fit' u 12/31/2004 - p ' { $ 9;045:92' 1311/05 billing , : }}}53/1%2005 }- ,4 $ 69652.10 . a ,, y , 3/1'/2005. " F :. ga ,$ ,. � 10,025 08 I- w F T $ 19,071 00 „ adjustment $ 665s21 19;736 21y +penalty, 4/1%2005 , � :x, a .I r , $ 27,154 01 1,6/1/05 billing � t 6/1/2005r $ 7,417.80 _ ' " ,I I I L. N M $ 27,895 79` 1penalty 7/1/2005 $ 741 78 z r 37 950 599/1 /05 billet 191112005 ;> ` $ 10,054.80 " o'� $ 9 $ . (37,950' 59) x ¢i � °$ ;adjustment " 10/4/2005 x ` _ , 7I 466,90 '12/1/05' billet h12/1/2005 $ 79446.90 $ _ g ` 744.69 ' .�' , $ ;8,191 .59' penalty ,� N. 112/31/2005 $ I _ ' a ,* $ 16,593.69 3/1'%06' b1111ng �` I ' lI l'r I s i I. I I 311%2006# r $ 8,402.10 , r 3/13/2006:, :.. $t (13,652 ;77) $ 2,940.92cash ;rece�pt ". $ � " " (4,759:74) $ ` ; (1 ,818.82) cash receipt w 3/30/2006 ° . . '' � a '5,191 .581I j6/1106ibiihng 6/1/2006 ? $ 7,010.40 $ 6/26%2006 $ 7 " (5;076:67) $ 114.91;s ficash .rece1 pt 7%1'/2006 a $ 111 ,49 q , ', $ 126.40 penalty 8,657.50`, 9/1'%06 bilhng 9%1/2006, V': $ 89531 .10 - $ ei `$ r" < (7,000 98), $ 1 ,656:52 1 ash re pt `, ° 9/30/2006 , . o �' 10/1/2006 ' $ 164 50 r $ 1 ,821 .02' tpenalty F $ 9,186.02'. ' 12/1/09 billing, : 12%1120060 , ; i $ 7,365.00 ,y ; $ (6,616 91,) $ ,2,56911, 3cash receipt , 12/26/2006 ; 4 ' r ' ' „ ' $ , 2,808 42, #penalty 1/1/2 N! I , ` ': $ 239.31 ,. . , ` l. _q r 1,1 ,390:22 ,311 107%billing 3%1/2007 " I A" ' $ 8,581 .80 a �4 $ 5,706 78 ' $ 53 683 44 cash receipt $ ( ) j3130I2007 J " , , ,,,,' , $ 6;210-25 penalty 4/1''/2007 ,Ya '�, $ 526.81 � I tt } 942 11 Y$ (5,268 14)� , '� , h ; $ 1 taduusiment . 44/9!2007 ry $ ( ) ,, R � a $ . 13,016.27 1611/07 billing: ` c (61112007 : r I $ 13,016.27 r x$ a ` (6,346' 07) $ ; x69 670:20 cash /receipt " ' ' 6130/2007y ,� . 4" l ' ' is $ : 7,337;22 ` penalty I 47%1%2007 M ' 667 02 ' 9/1'/2007 " $ 139982.57 } x $ _ (6,379 91 ) $ '14,939:88 ,cash receipt 19/28/2007t it $ 1 ,398 26 4. a, # sI r ` , $ 16,338.14 /penalty X1011%2007 s ` 25,036:18 dec ON , i. m x12/1/2007 $ 89698.04 X12%17,%2'007 I r " $,' (6,654 46) $ � X18,381 .72 cash receipt ° 11212012007^ $ --(A ,112 54) , $ j T $. , 17,269.18adlustment bill $ (2,065 28) „ 3 r $. 15,203:90 adjustment p®nal. 12/20/2007 t $ 16,073.70 tpenalty X12/31/2007 $ 869880 ;_ « $ X25 390.68 mar 08 billing •� 9,316.98 X3/1/2008 $ $ r , ¢ Y(g,516 31,) $_ 15;874.37 cash receipt 1p3), 9/2006 { $ $ 16,806.07 penalty l !3/3112008 931 70 ti. ,, , Yy $a 26,1.23.40 1jum 8 b�llmg 7 61' /2008v ' ", 1 $ 91317.33 F $ ' '< (7,5 95)1 $ - •18,590.45 ;cash receipt' I ¢13012008 '. $2 $, 19 522.18 penalty 7(x1/2008, , r; $ 931 73 .. J x $, 30,922.30 inept 08 billing 911%2008. :" 4 d r $ 11 ,400.12 $ ^32,062:31 ;penalty 1011°0/2008 $ 1 ,140 01 '0 41)5487,56 )12/1 1,08 billing 12/1/2008' ` T PX $ 9,425.25 1:214/2008 : � $ $ s `(7,20580) $ 34,28176. cash; receipt, 1%1/2009 $ 942 53 $ 35,22429 /penalty 28 439:53 cash, recei t t y ] s r$ _ (6,7845 76) $ 4 F ` • 2%12/2009 , , ^ a � n « �$ t 39,411 .76 311%09 bIllmg� 311/2, I I L-, ,_ ' l $ 10,972.23 rr �� x`,1'0 972 23 � $ 28,439`,53 , casFi- receipt I 3/30/2009 " , 29 536:75 . nal " 1 1 3131/2009., �' r 1 097 22 « s Tfi x �r $ Pe . . ty $ 4r1° ' r, ;i , r' : $ , � :.42,242:13 X6/1/09 billing F 6%1120091' j, 6 $ 12,705.38 " 29 536:75 ' cash recej IN 6/11/2009` , ` - $ k y(12,7,05 38) .$ P { _ I $ 30 807.29 penalty 17/,1/2009 ' $ 1 ,27054 xti ' dx e 4 ' 44771 :09 ,9/1`/09ibjlling t r d ,j a.l x , d n , ? 144 .$ , `I 9/1/2009 $ 13,963.80 $ K ,x , r 4 . � ,- 1 x w >$a 46,167:47 ;penalty 10/1/2009 1,396 38 , ` $,r (13,963 80) $ 32,203.67 icash'recei pt 10/5/2009 r$ 45,392:70 112/1Y09 billing 12/1/2009/ ''- $ 13,189.03 �,.: �$ ` t (10,022 81 )> ` $ 35;369:89 ,cash receipt X12130/2009 , t $ 36,688:79 1penalty " } 1/1'/2010li° $ 1 ,318.90 , $ , ; (3,166"22) %$ '33,522:57. , cash receipt 2/18/201',0 $ 45,584:01 3/1%10 billmg " 12,061 .44 , „ 3/1/2010 s. $ 12,268.11 $ (35;633 21 ) , $ :-= = . `(158,214 65) -#.$, 45,584:01 ending balance T a . :w ::a ..: __ • `1 $ 227,163 76 $