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Meeting of the Ithaca Town Board
Monday, September 12, 2011 at 5:30 p.m.
215 North Tioga Street, Ithaca, NY 14850
Agenda
Call to Order and Pledge of Allegiance
Report of Tompkins County Legislature
Report of Ithaca Common Council
Persons To Be Heard And Board Comments
5:45 p.m. Public Hearing Regarding a Noise Permit for St. Catherine of Siena's
Festival on September 17"^ and 18
a. Consider Approval
5:50 P.M. Public Hearing regarding a Local Law amending Chapter 250 of the Town
of Ithaca Code, titled "Vehicles and Traffic," to prohibit parking seasonally along
Penny Lane and Lois Lane
a. Consider adoption
Consider Setting a Public Hearing re.: a Local Law to Override the Tax Levy Limit
Established in General Municipal Law §3-C
Consider Sale of Property on East King Road
Discuss and Consider Ethics Law Revisions and Appeal of Ethics Board
Determination
a. Ruling on the Appeal
b. Consider Setting a Public Hearing to repeal Code of Ethics Law and Adopt
Revised Code of Ethics Law
Highway Superintendent's Presentation of Highway Machinery and Equipment
Consider Referral of Zoning Change for Conifer Senior West Hill to the Planning
Board for Recommendations
Consider Authorizing the Town Supervisor to Execute Certain Easements,
Encroachment Licenses, and Stormwater Operation, Maintenance and Reporting
Agreements
Consider Approval for the Town's Portion of a New Heavy Rescue Truck for the City
of Ithaca Fire Department
Consider Resolution of Support for Tompkins County Broadband Committee
Continue Discussion Regarding the West Hill Study
Consider Consent Agenda Items
a. Approval of Town Board Minutes - August 22,2011
b. Town of Ithaca Abstract
c. Bolton Point Abstract
d. Appoint Account Clerk Typist to SCLIWC
17. Report of Town Officials
18. Report of Town Committees
19. I ntermunicipal Organizations
20. Review of Correspondence
21. Consider Adjournment
Meeting of the Ithaca Town Board
Monday, September 12, 2011 at 5:30 p.m.
215 North Tioga Street, Ithaca, NY 14850
MINUTES
Board Members Present: Herb Engman, Supervisor; Bill Goodman, Assistant Town
Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, and Rich DePaolo
Absent: Nahmin Horwitz
Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code
Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human
Resources; Paulette Terwilliger, Town Clerk and Susan Brock, Attorney for the Town
Call to Order and Pledge of Allegiance
Supervisor Engman called the meeting to order at 5:34 p.m.
Two agenda items were added with the approval of the board.
Report of Tompkins County Legislature — None
Report of Ithaca Common Council — None
Persons to be Heard and Board Comments
Mr. DePaolo asked why the West Hill Study was on the agenda because it was his
understanding that it would be discussed by the Planning Committee and then the
Town Board. Mr. Engman responded that it was placed on the agenda just in case a
board member wanted to comment on it.
Mr. DePaolo then asked about the noise from the chiller at Ithaca College stating that
the neighborhood is getting a little antsy with the continued noise with no resolution.
He added that the college has been good about communicating with the board, but
the noise is still there and there has been no definitive timeline for a resolution. Mr.
Engman responded that it is his understanding that the college is considering two
options, but they are still waiting on engineers to determine the feasibility and submit
recommendations and then subsequent parts have to be ordered. Mr. Bates added
that he is telling residents to submit a formal complaint so he has a paper-trail to
follow-up and asked the board for direction on how they want to handle it because
the college is working on it and he could issue an Order to Remedy with a deadline to
comply, but then what is the board's preference? Shut them down, take them to
court, don't issue a certificate of occupancy etc. Discussion followed with Ms. Brock
stating that there are several options, including the noise ordinance, reopening their
approvals etc.
AGENDA ITEM Consider Setting a Public Hearing re.: a Local Law to
Override the Tax Levy Limit Established in General Municipal Law §3-C
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Page 2 of 15
Mr. Engman explained that this is to set the public hearing to get us into position to
override if we need it.
TB RESOLUTION NO.: 2011- 136: Settinq a Public Hearinq re.: a Local Law to
Override the Tax Levv Limit Established in General Municipal Law �3-C
RESOLVED that the Town Board of the Town of Ithaca will hold a Public Hearing on
October 6, 2011 at 5:45 p.m. regarding adoption of a local law to override the tax
levy limit established in General Municipal Law §3-C.
Notice of this public hearing shall be published in the official newspaper not less than
5 days prior to the hearing.
Moved: Pat Leary Seconded: Eric Levine
Vote: Ayes: Leary, Levine, Engman, Hunter, DePaolo and Goodman
Absent: Horwitz
5:45 p.m. Public Hearing Regarding a Noise Permit for St. Catherine of Siena's
Festival on September 17t" and 18tn
Mr. Engman opened the public hearing at 5:45, there was no one wishing to address
the board at this time and the public hearing was closed.
TB RESOLUTION No. 2011-137: Approval of a Noise Permit for St Catherine of
Siena Parish Festival
WHEREAS a noise permit application was submitted by St Catherine of Siena Parish
Festival on September 17t" from 11 am to 9 pm and September 18t" from 11 am to 6
pm,
WHEREAS, a public hearing was duly held at the September 12t", 2011 meeting of
the Town Board
Therefore be it
RESOLVED, that the Town Board approves a Noise Permit for the function on said
date at said time.
Moved: Bill Goodman Seconded: Rich DePaolo
Vote: Ayes: Leary, Levine, Engman, Hunter, DePaolo and Goodman
Absent: Horwitz
AGENDA ITEM Highway Superintendent's Presentation of Highway
Machinery and Equipment
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Mr. Engman explained that this is a state requirement and Mr. Weber gave a brier
over view. (Attachment #1) There were some questions regarding particular items
which Mr. Weber described.
AGENDA ITEM 5:50 P.M. Public Hearing regarding a Local Law amending
Chapter 250 of the Town of Ithaca Code, titled "Vehicles and Traffic," to
prohibit parking seasonally along Penny Lane and Lois Lane
Mr. Engman opened the public hearing at 5:52 p.m.
Paul Chamandy presented the signed petition (filed in Petitions as required by law)
He felt that they did their due diligence with 94% of the households in the area in
favor. They also posted 35 public hearing notices in the area. They realize there will
be some disadvantages to themselves also but the pros far outweigh the cons.
Ralph Thompson submitted an email from another resident and additional photos
(Attachment #2) which show the groups of young people which illustrates the number
of cars that would be needed.
Jennifer Loven talked about speeders and drunkenness that makes it unsafe for her
children to walk around.
Donald Austin who stated that although he is a city resident, he came to support the
residents of Penny and Lois Lanes because of the disrespect that is happening and
the destruction of the property and hopes that closing the parking area they use will
help reduce the problem.
Brie Johnson spoke about her concerns for her safety because there are a lot of
young males who harass the residents, litter and trespass.
Mr. Engman closed the public hearing at 6:02 p.m. and brought the matter back to
the board.
Mr. Levine noted that there was a typo on the draft local law which stated that the
timeframe would be May 1 St to October 31 St. Discussion followed. It was decided
that it should say May 1 St through September 30t" and the since the change is
substantive, another public hearing will have to be held. The mover and seconder
withdrew their motions and a new public hearing was set for the study session.
(Subsequently, the public hearing was moved to the October regular meeting)
Ms. Hunter asked about the unintended consequences such as responsible people
not being able to park and enjoy the public access to the trail. Mr. Engman agreed,
stating that we would have to wait and see the extent of the consequences, adding
that he has talked extensively with the City to provide responsible parking areas for
people that would not cause the same problems and yet give people reasonable
access but they are not interested.
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Ms. Ritter asked about exceptions for service vehicles and the like and Mr. Engman
responded that he spoke with the Sheriff's Department and they stated that they
would be reasonable regarding service vehicles and legitimate uses.
Mr. Levine assured the residents present that they did not need to come to that
public hearing, the board was in favor of passing the legislation and the additional
public hearing is to correct a typographical error.
Mr. Engman congratulated the neighborhood for the way they went about getting the
petition and the law.
AGENDA ITEM Sale of Surplus Items (added)
RESOLUTION NO. 2011-138: Sale of Surplus Items-Public Works Department—
2001 Volvo Dump Truck
WHEREAS: the Town of Ithaca has a 2001 Volvo Dump Truck; and
WHEREAS: through the approval of the 2011 budget, the Town Board authorized
the purchase of a new dump truck, and
WHEREAS: based on data from Auction Companies relative to comparable sales
and the "Blue Book" value, and
WHEREAS: the Town of Ulysses would like to purchase the 2001 Volvo Dump Truck
for $20,000.00; 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 RESOVED: that the above described equipment be transferred to the
Town of Ulysses for the price identified, with the money from the sale going into the
Cash Reserve—Highway Equipment (DB230) account.
Moved: Eric Levine Seconded: Bill Goodman
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz Motion passed unanimously
AGENDA ITEM Consider Sale of Property on East King Road
Changes were made to the SEQR form, the SEQR resolution and the resolution
approving the sale to reflect the correct tax parcel, the need for a SEQR and the
determination of a negative impact. The resolutions were reviewed and minor
grammatical changes made also.
TB 9-12-2011
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TB RESOLUTION NO. 2011- 139: SEQR: Proposed Sale of Town Land on East
Kinq Road to the Elizabeth Ann Clune Montessori School of Ithaca.
WHEREAS, this action is the sale of Tax Parcel Number 43.-1-3.21, a+/- 1.7
acre parcel of land owned by the Town of Ithaca and located off E. King Road, to the
Elizabeth Ann Clune Montessori School of Ithaca; and
WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town
Board is acting as lead agency in an environmental review with respect to this action;
and
WHEREAS, the Town Board, at a meeting held on September 12, 2011, has
reviewed and accepted as adequate the Short Environmental Assessment Form,
Parts I and II for this action, prepared by Town Planning staff; now, therefore be it
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with Article 8 of the
Environmental Conservation Law and 6 NYCRR Part 617 New York State
Environmental Quality Review, for the above referenced action as proposed, based
on the information in the EAF Part I and for the reasons set forth in the EAF Part II,
and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Rich DePaolo Seconded: Tee Ann Hunter
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz
TB RESOLUTION NO. 2011- 140: Approval of Sale of Town Land on East Kinq
Rd to the Elizabeth Ann Clune Montessori School of Ithaca.
WHEREAS, the Town has for years been trying to address various parcels of land
that, for various reasons have come into the possession of the Town, even though
the Town has no need or use for such lands; and
WHEREAS, the Town has identified that one such piece of land is located on East
King Road, being part of Town of Ithaca TPN 43.-1-3.21 and
WHEREAS, the Town has previously examined the nature and use of such land, has
examined the value thereof, including, but not limited to, consultation with appraisers
and realtors, and the Town Board has determined that: (i) these lands constitute
excess lands for which there is no current governmental or public use; (ii) these lands
constitute excess lands for which there is no future or foreseeable uses planned; (iii)
the shape, title, restrictions, and location of such lands establishes that there is no
viable public market for such lands; (iv) pursuant to Town Law §64, the Town is
authorized to sell such lands as hereinafter authorized; and
TB 9-12-2011
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WHEREAS, such action is an unlisted action under SEQRA and the town board has
on September 12, 2011 issued a negative determination of environmental
significance for the action; and
WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Ithaca
has hereby
RESOLVED AND DETERMINED, that there is no current, planned, or potential future
governmental or public use for such excess land, and that there is no viable private
market for such except to adjacent owners; and it is further
RESOLVED AND DETERMINED, that the affected parcel of land to be sold include
TPN 43.-1-3.21; and it is further
RESOLVED, that the Town Supervisor be and hereby is authorized, after the running
of the statutory permissive referendum period, to sell such lands at private sale to
Elizabeth Ann Clune Montessori School of Ithaca upon the following terms and
conditions:
1. A payment of $30,000 to be paid to the Town, plus
2. Town attorney fees to date of $1,067.50 to be paid to the Town, plus
3. All closing costs including any additional attorneys' fees, abstract of title,
property survey (if needed) and other closing costs to be paid directly by
Montessori, plus
4. A first option for the Town to buy the property back at a cost of $30,000 in
2011 dollars (adjusted for inflation) should Montessori ever decide to sell the
parcel, and
5. in all cases also reserving to the Town the right to reject any Town final sale
or transfer to the Montessori School; and it is further
RESOLVED that the proceeds from this transaction are to be placed in the Open
Space Plan Reserve Account and
RESOLVED, that this Resolution be and hereby is made subject to a permissive
referendum, and the Town Clerk is hereby directed to file, post, and publish a Notice
of Permissive Referendum as required by law.
Moved: Eric Levine Seconded: Rich DePaolo
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz
AGENDA ITEM Discuss and Consider Ethics Law Revisions and Appeal of
Ethics Board Determination
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Page 7 of 15
Mr. Engman gave an overview of the appeal stating that there is one employee that
does not wish to disclose their residence because they feel because of their decision
making function at the town, they may be subject to harassment. The Ethics Board
rejected that saying that the public has the right to know to make sure there is not a
conflict of interest, but, that it is not their decision because the form is approved by
the Town Board and if an exclusion or change is going to be made, it needs to be
made at the Town Board level. Mr. Engman reported that there was a great deal of
discussion both at the Ethics Board and Operation Committee meetings and there
are a lot of pros and cons. Mr. Engman asked if there was anyone else that wanted
to add to the background. So, the question is whether the Board wants to insist that
all employees fill out the form as we have now, or do we want to exclude an
individual or class of individuals?
Mr. DePaolo started the discussion by noting that home addresses are available from
a number of sources and secondly, whether a portion of the address could be
redacted which might provide some cover.
Mr. Engman added that the other wrinkle is that the Ethics Board would like the law
to be changed in the section that asks for property ownership to be listed if owned
anywhere in the County as opposed to the current "contiguous with the town
boundary" because of the many intermunicipal projects etc that are done now.
Ms. Leary agreed with that, stating that when this law was originally drawn up, the
focus was elected or appointed positions, not employees and that is where the
question comes up and we could not ask for that information.
Ms. Terwilliger noted that the deputies would have to fill out all the information
because they act in the stead of the appointed or elected person. Ms. Leary noted
that she was only talking about elected or appointed officials. Ms. Terwilliger noted
that she was not applying the correct terminology. She also added that in her five
years at the Town, no one has ever asked to see the forms.
Mr. Engman restated the question at hand which is whether this one person should
be required to put their home address.
Mr. Levine felt that it would be fine to list not in the town but on file with the town and
he would like to find a way to do this.
Mr. DePaolo was uncomfortable granting individual exceptions and should consider
something along the lines of Ms. Leary's thought that would provide a certain degree
of protection but not bring down an iron curtain on someone wanting to see if there is
a conflict of interest.
Ms. Hunter talked about other ways to ensure a review by the Ethics Board but not
have to have a resident jump through hoops. Ms. Drake restated her statement
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Page 8 of 15
saying that she felt it was important for the Ethics Board to know the information but if
someone was concerned about their address being out there, it shouldn't be.
Mr. Engman responded that the Ethics Board discussed that but felt that it is not the
Ethics Board who is going to initiate a question of ethics, it is going to be a member
of the public, and if they don't have access to the information, then how do they know
it is a potential conflict of interest. He felt that there needs to be a comprehensive
solution where you either exclude whole categories, but excluding one person is not
logical or appropriate. He added that there is a time frame for ruling on an appeal.
Discussion followed. Mr. DePaolo asked about the foilability of the address and Ms.
Terwilliger responded that she talked to Bob Freeman about redacting the address
and he said that you could not, unless it was an unwarranted invasion of privacy and
he basically said if you did, why have the form. Ms. Terwilliger also stated that she
has five days to respond and if there was a know complaint or harassment on file,
she could refuse the FOIL request on those grounds.
Ms. Leary stated that the pool of people required to fill out the form needs to be
revised. Especially now when there is so much animosity toward government
employees we should require property ownership but not specifically home address.
Do not make employees put a home address on a public document.
Discussion followed looking at the current law and its requirements. Mr. Goodman
was in favor of changing the form since it is not required in the law stating that it does
not require the home address. Ms. Terwilliger noted that under the property
ownership, it does ask for the type of property such as primary residence, rental,
vacation etc. Ms. Leary felt that should be changed also and Ms. Terwilliger
responded that the Ethics Board felt that was important. Mr. Engman added that a lot
of things asked for on the form are not specifically mentioned in the law. He felt it
was fine to change who is covered by it or what is to be on the form, but the appeal is
what is before the board now.
There was some discussion on the affect of not providing the address while the law
and/or form are revised.
Ms. Leary moved to grant the appeal, Mr. Levine seconded. Mr. DePaolo asked how
we are going to deal with the changes that we might want to see, and he suggested
that we extend the appeal and the Board table the resolution and refer it back to the
Operations Committee and state that this is without prejudice to the appellant and the
appeal shall be continued until the law and the form are reviewed and any
subsequent changes made. Discussion followed.
Mr. Engman asked whether the board wanted to vote on the motion in front of us or
table it and send it back to Operations Committee for further review and extending
the appeal. Ms. Leary reiterated that right now the employee is in violation and she
felt strongly it should be dealt with now; the rest of the board felt that extending the
time for review is acceptable. Mr. DePaolo stated that waiting is cleaner she is not
TB 9-12-2011
Page 9 of 15
going to be compelled to do anything unless or until the form is revised and the
decisions made by the Town Board.
Mr. Engman moved to table the resolution and instruct the Operations Committee to
take a look at this law and come back with recommendations for the next Town
Board meeting. Mr. DePaolo seconded. The appeal shall be continued until the law
and the form are discussed and determined by the Town Board.
Ms. Leary argued that it should not go back to the Operations Committee because it
has already rendered a decision and there is not enough representation of the Board
at it. Mr. Engman stated that there are three Board Members on the Committee and
Mr. Levine stated that they specifically did not make a recommendation on the appeal
because they felt it was the Town Board's job. Ms. Leary thought the board should
take it up at the Study Session and Mr. DePaolo looked at it as a new direction for
the Operations Committee to look at such as the job classifications required.
The vote was 5 to 1 with Ms. Leary noting no and Mr. Horwitz absent.
The next Operations Committee is scheduled for October 5t" so the item will be on
the October 17t" Town Board meeting.
AGENDA ITEM Consider Referral of Zoning Change for Conifer Senior West
Hill to the Planning Board for Recommendations
Mr. DePaolo made minor clarifying changes to the resolution.
TB RESOLUTION NO. 2011- 141: Refer Rezoninq from Medium Densitv
Residential (MDR) to Multiple Residence (MR) for the Conifer West Hill Senior
Apartments Proiect to the Planninq Board for a Recommendation
WHEREAS, Conifer Realty LLC is proposing to develop a+/- 4.84 acre portion of an
existing 35 acre parcel currently owned by Cornell University, Tax Parcel No. 24-04-
05.2, located on West Hill Drive, off from Trumansburg Road/State Route 96, for
development of a 72-unit apartment building to serve low to moderate income
seniors, and
WHEREAS, the proposed apartment building was initially referred to the Planning
Board by the Town Board, June 7, 2010, as part of a larger planned development
proposal and considered for rezoning to a Planned Development Zone (PDZ), but
was removed from consideration when the withdrawal and indefinite postponement of
other elements of the proposal forced the abandonment of the PDZ concept, and
WHEREAS, Conifer Realty LLC submitted a request to the Town Board for a
rezoning to Multiple Residence (MR), February 2011, and at the March 7, 2011 Town
Board meeting the majority of the Board voted to consider the rezoning and directed
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Page 10 of 15
town planning staff and the attorney for the Town to draft a local law to create such
rezoning, and
WHEREAS, the Town Board at its meeting on June 27, 2011 discussed proposed
language for the local law establishing the MR zone, and agreed to use language
from the 2006 Conifer Village Ithaca Senior Living Community as a framework and to
include architectural and siting requirements, and requested the Attorney for the
Town to prepare such a draft for the Town Planning Committee, and
WHEREAS, the Planning Committee reviewed and discussed the draft local law for
establishing the MR rezone at its meetings on July 14, 2011, August 11, 2011, and
September 1, 2011, and
WHEREAS, the Planning Committee at its meeting on September 1, 2011
recommended that the Town Board consider possible referral of the draft local law for
the MR rezoning to the Planning Board for a recommendation and in-depth review of
the senior apartment development proposal, therefore, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby refers consideration
of the proposed draft "Local Law Amending Chapter 270 of the Code of the Town of
Ithaca to Rezone a Portion of the Tax Parcel 24-04-05.2 located off of N.Y.S. Route
96 from Medium Density Residential to Multiple Residence (Conifer West Hill Senior
Housing Development)" to the Town of Ithaca Planning Board for a recommendation
and in-depth review of the Conifer Realty LLC senior apartment development
proposal.
Moved: Rich DePaolo Seconded: Bill Goodman
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz Motion passed unanimously
AGENDA ITEM Consider Authorizing the Town Supervisor to Execute
Certain Easements, Encroachment Licenses, and Stormwater Operation,
Maintenance and Reporting Agreements
Mr. Engman explained that these type of routine items come up and there is no
official authorization in place right now.
TB RESOLUTION NO. 2011 — 142: Authorizinq the Town Supervisor to Execute
Certain Easements, Encroachment Licenses, and Stormwater Operation,
Maintenance and Reportinq Aqreements
Whereas the Town routinely enters into certain easements granted to the Town,
encroachment license granted by the Town, and Stormwater Operation, Maintenance
and Reporting agreements for routine matters such as, but not limited to, the
placement and maintenance of public and private sewer and water lines,
TB 9-12-2011
Page 11 of 15
encroachments into Town easements, and the construction, operation and
maintenance of private stormwater facilities, and
Whereas such easements, licenses and agreements as listed above are often
required by the Town Planning Board as conditions of approval for a project, and
they are often reviewed by various Boards, Committees, the Attorney for the Town
and/or department heads, and
Whereas such matters as listed above require a Town official's signature,
Now therefore be it
Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to execute on behalf of the Town, until the 2012 Organizational Meeting
of the Town Board, water, sewer, stormwater and access easements granted to the
Town, and Stormwater Operation, Maintenance and Reporting agreements, where
such easements, licenses and/or agreements are required by the Planning Board as
conditions of approval for a project, and
Be it Further Resolved that the Town Board of the Town of Ithaca hereby authorizes
the Town Supervisor to execute on behalf of the Town, until the 2012 Organizational
Meeting of the Town Board, encroachment licenses granted by the Town where
structures encroach into Town easements or property, provided the licenses require
the removal of all or any part of the encroachments as the Town in its sole discretion
deems necessary for the exercise of the Town's rights or to respond to an emergency
or other circumstance, and
Be it Further Resolved that these transactions hereinafter be added to the list of
annual contracts for consideration at the Organizational Meeting of the Town Board.
Moved: Rich DePaolo Seconded: Bill Goodman
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz Motion passed unanimously
AGENDA ITEM Consider Approval for the Town's Portion of a New Heavy
Rescue Truck for the City of Ithaca Fire Department
Ms. Hunter noted that it would be nice if the Town had some say in the specifications
of equipment ordered or some type of checks and balance. Mr. Engman agreed that
it is somewhat on faith because you have to depend on the professionals. Ms.
Hunter thought it would be good to get an assessment of the equipment and the
actual needs if we ever get the opportunity.
TB RESOLUTION NO. 2011-143: Ithaca Town Board Approval for the Purchase
of a Heavv Rescue Truck bv the Citv of Ithaca
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Page 12 of 15
WHEREAS the Town of Ithaca has entered into a Contract for Fire Protection with
the City of Ithaca for the provision of fire, hazardous material and emergency medical
incident response by the City of Ithaca Fire Department within the Fire Protection
District of the Town of Ithaca and
WHEREAS the Contract for Fire Protection specifies that the Town of Ithaca shall
pay a proportion of City of Ithaca Fire Department's capital expenses in excess of
$100,000 per capital item, with the proportion of the Town's contribution determined
by calculation specified within the Contract, currently estimated to be 33% of the
capital expense and
WHEREAS the Town Supervisor has received communication from the City of Ithaca
informing him of the proposed acquisition by the City of Ithaca Department of a new
Heavy Rescue Truck, as replacement of a 1990 Heavy Rescue Truck, at a final cost
of $880,000.00 and requesting contributory payment by the Town of Ithaca
Now, therefore, be it
RESOLVED that after discussion the Town Board agrees that such fire protection
equipment be acquired by the City of Ithaca Fire Department and approves the
purchase of a new Heavy Rescue Truck by the City of Ithaca and be it further
RESOLVED that the Town Board approves the contributory payment in an amount
not to exceed $300,000.00 as the Town of Ithaca's share under the terms of the
Contract for Fire Protection between the Town of Ithaca and the City of Ithaca and be
it further
RESOLVED that the Town Board approves, authorizes and directs the Town Finance
Officer to record the appropriate budgetary amendment in the amount of $300,000.00
to establish funding to meet this expense or arrange for bonding at the appropriate
time and be it further
RESOLVED that a certified copy of this resolution be forwarded to the Mayor and
Acting Fire Chief of the City of Ithaca.
Moved: Herb Engman Seconded: Tee-Ann Hunter
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz Motion passed unanimously
AGENDA ITEM Consider Resolution of Support for Tompkins County
Broadband Committee
This was a request from Ric Dietrich and was his wording. It does not require any
funds or commitment from the Town, just a vote of support in their effort to secure a
grant.
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TB Resolution No. 2011-144: Support for Tompkins Countv Broadband
Committee's Attempt to Secure Grant Fundinq for Rural Broadband Access
WHEREAS the Town of Ithaca has many residents who may not have access to
affordable broadband and
WHEREAS the Tompkins County Broadband Committee is applying for a grant to
assess the needs of rural residents in the County and
WHEREAS these monies would go a long way toward helping the committee's efforts
in achieving its ultimate goal of affordable and effective high speed internet access
for rural communities.
Therefore be it
RESOLVED that the Town Board does hereby support and endorse the efforts of the
County's Broadband Committee in securing a grant from the Community Foundation.
MOVED: Eric Levine SECONDED: Tee-Ann Hunter
VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo
Motion passed unanimously
AGENDA ITEM Continue Discussion Regarding the West Hill Study
Ms. Hunter noted that she will not be able to attend the meeting but wanted to make
sure that the idea of feasibility of moving forward with some of the anticipated land
use map and the infrastructure constraints are looked at. There is a waterfront
redevelopment proposal in the works that would preclude a bridge over the inlet and
she would like those things to be discussed and looked at.
AGENDA ITEM Consider Consent Agenda Items
TB RESOLUTION NO. 2011-145: Consent Aqenda
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby
approves and adopts the following Consent Agenda items:
a. Town of Ithaca Abstract
b. Bolton Point Abstract
c. Approval of Minutes of August 22, 2011 -- Pulled
d. Appoint Account Clerk Typist for SCLIWC
Moved: Bill Goodman Seconded: Herb Engman
Vote: Ayes: Levine, DePaolo, Engman, Goodman, Hunter, and Leary
Absent: Horwitz Motion passed unanimously
TB 9-12-2011
Page 14 of 15
Minutes
Mr. DePaolo was concerned that the expanded role of the Deputy Town Supervisor
was not fully explained in the minutes, mainly not mentioning the expanded
managerial function of the Deputy. Mr. Engman agreed and suggested different
wording. Ms. Terwilliger agreed, stating that she would listen to the audio again and
resubmit the minutes at the next meeting.
Subsequent change:
Deputy Supervisor — Mr. Engman explained that he has discussed with Mr.
Goodman expanding the role of the Deputy Town Supervisor with Mr.
Goodman attending more meetings, being available to fill in for Mr. Engman
when necessary, learning more about management and supervision of staff
and the other administrative responsibilities of the town. Mr. Engman
proposed taking 20% of his salary in the administrative line and there would be
no net change in the budget. Similar to what Cathy Valentino and Mary
Russell did in the past. He asked the Board to let him know their thoughts or
comments.
Report of Town Officials
Mr. Solvig handed out a flyer from CARDI regarding the tax cap and reviewed it
although it was confusing. Mr. Solvig thought they were using a 30 month average
which may hurt us.
Ms. Ritter noted that the Agriculture and Farmland Protection Plan will be discussed
at the study session and the digital copy is large and you will not be able to make
notes and she has hard copies available.
Mr. DePaolo reported that there has been a mini breakthrough in his attempt(s) to
schedule a meeting with the City so he is hopeful something will happen soon.
Report of Town Committees — None
Intermunicipal Organizations
Review of Correspondence
Ms. Hunter noted a few items from the correspondence folder asking if the board
wanted to comment on the County Agricultural District up for review. Mr. Engman
thought we had already sent our comments via the Ithaca Beer proposal and Ms.
Ritter noted that this district is on South Hill and Ms. Teeter is coming to the Planning
Board in October and if Board members are interested they could attend and
comment then.
Ms. Hunter noted a request from another town requesting support for less restrictive
guidelines on growth which is the opposite of what we think so Mr. Engman stated he
just ignored it.
TB 9-12-2011
Page 15 of 15
Upon motion and a second, the meeting was adjourned at 7:53 p.m.
Respe^ulto-aubmjt^
Pauiette Terwilliger
Town Clerk
) !
TOWN OF ITHACA
TOWN BOARD
SISN-IN SHEET
DATE: September 12, 2011
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE /RRJA/TADDRESS/AFFILIATION
ICQ \e.NlMN| V_)vl
p 1 f /yl/n ^1 \1 f^A., U1 ' J n J
9^ /ifjWY zj{J.
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TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, Town Clerk of the Town of Ithaca, Tompkins County, New York, being
duly sworn, say that the following notice has been duly posted on the sign board of the Town
Clerk of the Town of Ithaca and the notice has been duly published In the official newspaper,
Ithaca Journal:
ADVERTISEMENT:NOTICE OF PUBLIC HEARINGS
St Catherine of Siena Noise Permit
Amending Chapter 250 of the Town Code regarding Prohibiting
Parking Seasonally on Penny Lane and Lois Lane
Date of Publication: 8/29/2011
Location of Sign Board Used for Posting:
Date of Posting: 8/29/2011
STATE OF NEW YORK)
COUNTY OF TOMPKINS)
TOWN OF ITHACA)
• TOWN OF ITHACA
• PUBUC HEARING
i NOTICE
•- Hearings will be held during
the Town Board Meeting
heW on September 12.
2011 at 215 N. Hooa St.,
Ithaca to receive pubkc
: comrrients regarding:
i 5:45 p.m. A rwiee permll
3 for St. Catherine of Siena
11 Festival on September 17th
• &18th.2011 and
S;50p.m. A Local Law
amending Chapter 250 of
. iheTowoof Ithaca Code, ti
ded "Vehicles and Traffic*
to prohibit parWng season-
•I ally iong Penny Lane and
Lois l^ne
Information on the above is
available at the Tovsn
Clerk's office,
Paulette Terwilliger
" Town Clerk
Dated: Auousi 29. 2011
SS:
^ dblMjalH
Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca, NY 14850
Paulette Terwilliger
Town Clerk
Town of Ithaca
Sworn to and subscribed before me this 29^^^ day of August, 2011
Public
> i
Debra DeAuglstlna
Notary Public - State of New Ytefc
No.0tDE6148035
Qualified in Tompkins Coun
My Commission Expires June 19,
AGENDA #10
Town of Ithaca
Department of Public Works
To: Ithaca Town Board
From: James Weber, Highway Superintendent/Director of Public Works
Re: Inventory of Highway Machinery and Equipment
Date: September 12, 2011
As Part of the 2012 Budget request, I am proposing the following vehicle replacement
and new equipment:
3 small trucks (#14, 67, 24)$120,000 HighwayAVater/Maintenance
Rubber tire Excavator (#36)$270,000 HighwayAV ater/Sewer
Tool Cat Utility Vehicle (#54)$60,000 Highway/Parks
Chipper (#72)$55,000 Highway/Parks
Grasshopper Mower $20,000 Parks
3 Emergency Radio's $1,650 Highway
New Leaf Vacuum $35,000 Highway
New Power Screen $75,000 Highway/Stormwater
New Infrared Machine $22,000 HighwayAV ater/Sewer
New Crack Fill Machine $38,000 Highway
As Part of the 2012 Budget request, I have identified the following costs for vehicle and
equipment maintenance: These numbers have not changed from FY2011
• Highway/Machinery $70,000
• Parks $18,000
• Water $10,000
• Sewer $10,000
• Engineering $1.000
$109,000
TOWNOFITHACAPUBLICWORKSDEPARTMENTVEHICLEANDEQUIPMENTREPLACEMENTDraft1—’U10-WheelerDESCRIPTIONPURCHASEMLPRICE2001VolvoSingleAxledumptruck2007Volvo10-wheeldumptruck88102,000.00140,073.002002Sterling10-wheeldumptruck8121,496.00$250,000$325,000.002004Volvo10-wheeldumptruck8134,664.00$250,000.00$325,000.00Trade-In20102011201220132014201520162017201820192020$275,000.0013713152561T4T10T11482091811141719636510126066676962162321242009International10-wheeldumptruck8199,000.00$300,000.002012International10-wheeldumptruck8215,743.00$225,000.00SpecialtyTrucks/Frailers1996FordAeromax(Purchasedusedin2002)1222,000.00X2000GMCT7500LeafPacker(purchasedused-2010)1534,950.001990RedRiverTrailer2033,885.001989Lando--Danby’sTrailer**15$55,000.002009Sure-TracTrailer159,506.00$15,000.00MediumDutyTruck2006FordF750MediumDutydumptruck1071,662.00$100,000.002006InternationalDumptruck1059,445.00$85,000.002009FordF750Dumptruck1087,222.00$100,000.00F4501997FordF-450SuperDuty(FlatBed)1526,493.00$45,000.002011FordF4504X41Tondumptruck745,689.00$65,000.00F3502006FordF3504x4UtilityTruck734,980.00$42,000.002001Dodge350StakeRack(StateBid)1023,754.00$40,000.002010FordF350lTondumptruck724,932.00$40,000.002006FordF350OneTon1025,731.00$42,000.002005FordF-3502x4One-tonUtility1022,954.00$42,000.002008FordF-350OneTonDump726,372.00$45,000.00F250:2002FordF-250Pickup4x4(includesplow)524,215.00X2008FordF250CrewCabpickup1018,241.00$30,000.002005FordF-2504x4Pickupw/plow526,944.00$15,000.00$45,000.00X2008FordF-250pickupwithplow(TradeDown)628,927.00$50,000.002008FordF-250pickupwithplow(TradeDown)628,927.00$40,000.002004FordF2504X4ExtendedCabwithplow527,828.00XX2011FordF2504X4ExtendedCabw/plow631,789.00F1502003Ford4x4ExtendedCab(StateBid)1021,037.00X2011FordF150w/surveybox1531,159.00Jeeps,Cars,andVans2001DodgeVan1016,167°°I$25,000002005ChevroletExpressVan719,070.00J$40,000.00P:\Administration\Inventories\2011UpdatedVehiclelnventery,xlsPage39/8/2011
TOWNOFITHACAPUBLICWORKSDEPARTMENTVEHICLEANDEQUIPMENTREPLACEMENTDraftPURCHASEaPRICESmallEquipment2002CarMateTrailer(Junk)102,024.001994CustomWater&SewerTrailerNA10,335.001990OwensOfl-7000Trailer152,634.002010GracoLineStriperNA3,525.002001CustomTrailer102,300.001993OwensTrailer*151,500.00$4,500.002003Mid-AtlanticTrailer153,621.002005WellsCargoTrailer154,250.00Loaders2010JohnDeere624KFront-endLoader15135,500.0012006JohnDeere644Front-endLoader15173,900.00{2010GehlSkid-SteerLoader1025,977j$40,000.002001BobcatModel863HSkid-SteerLoader1031,266.001S42,000.00TractorsandMowers2003NewHollandMowerTractor4WD1048,281.00$55,000.001985JohnDeereTractorMower/Broom1017,000.00528,000.002001JohnDeere4200UtilityTractorpLusattachments1019,341.00S30,000.002009KubotaUtilityTractor325,955.00S32,000.002003JohnDeere1445FrontMower(Statebid)312,605.00$18,000.002005GrasshopperMower(gas)w/attachments***310,116.00$18,000.002009GrasshopperMower(diesel)312,711.00S20,000.00Rollers•1972RubberTiredRollerNA8,000.002001IngersollRandVibratoryRoller(Purchasedused1576,463.00$120,000.002006DynapackRoller(used)1013,500.00$30,000.00Sackhoe2008NewHollandBackhoe1054,445.00$100,000.001997CaseBackhoe4x41065,907.00$10,000.00$90,000.00ChipperandLeafVacuum2002OBDLeafVacuum1017,150.00$25,000.0020010DBLeafVacuum1017,150.00$25,000.001997BrushBanditEXP250Chipper1018,261.00$40,000.001998BrushBanditEXP280Chipper1023,997.00$55,000.002007SalscoModel813Chipper1030,133.00$50,000.00DESCRIPTIONTrade-In201020112012201320142015201620172001JeepCherokee718,886.002006JeepLiberty714,711.002003JeepLibertySport4x41518,337.00$28,000.002002ChevroletVentureVan1516,369.00$30,000.002004DodgeIntrepid(Statebid)714,875.002005JeepCherokeeLaredo1518,087.00$30,000.002011FordEscape4X4XLT1519,549.00201820192020Vehicle#jP:\Administration\Invcnlories\201IUpdatedVehiclelnventery,xlsPage39/8/2011
TOWNOFITHACAPUBLICWORKSDEPARTMENTVEHICLEANDEQUIPMENTREPLACEMENTDraft36374043475457387073747577787981TOTALforyearandpendingUL10PURCHASEPRICE$693,000.00(“lehicle#8212011MobarkChipperMiscellaneousEquipmentDESCRIPTIONTrade-In20102011201220132014201520162017201820192020I°,°°•°°IIIIIII1997BadgerExcavator15156,900.00$270,000.001997ChampionGrader(Statebid)2087,330.00$150,000.002004GradeallWheeledExcavator(Purchasedused)*1592,000.00$150,000.001999DaewooExcavator15101,422.00$10,000.00$160,000.002006CatDozer1058,715.002007ToolCatUtilityvehicle(includesspreader&atlachments)339,296.00$60,000.002010FinnT-75Hydroseeder1525,750.002010ReincoMulcher1520,495.00l997AtlasCopcoAirCompressor2010,549.00S20,000.00ShoulderMachine(purchasedused)NA2,300.002004SECASewerJet1548,484.00$70,000.002006PipehunterSewerVacuum8to1050,664.00$15,000.00$80,000.002004WackerGenerator2033,707.002004WackerGenerator2033,707.001966RoyerShredder-Mixer(purchasedused)NA7,500.002007Godwin6Pump2526,012.003,561,058.00TotalfortheYear$-$339,500.00$523,000.00$475,000.00$808,000.00$494,000.00$312,000.00$570,000.00$293,000.00$575,000.00$395,000.00BuyifmoneyleftafterlargepurchasesReplacement/Purchasewithanotherusedpiece.***KeepforTuteloParkasballileLdgroomerAdditionalEquipmentPending2012OBDLeafVacuum35,000.00$35,000.002012PowerScreen75,000.00$75,000.002012Infrared22,000.00$22,000.002012CrackFill38,000.00$38,000.00TOTAL$170,000.00[‘:\Adrninistration\Inventories\2011Updatedvehiclelnventory.xlsPage39/8/2011
Received 8/25/11
Dear Ralph:
I am a commonland residence.
k','Cc h ^ I
PX'^tAW
The gentleman resides at 100 Penny Lane asked me to sign on the petition sheet for supporting the change of
the parking regulation along Penny Lane and Lois Lane. And I signed it for supporting the work he said that he is
work together with you to promote.
Since I will have a friend coming to visit Cornell in Sept. from Far East, the plan is not completely set yet,
therefore, I am not sure I would be able to attend the Town Meeting in Sept. to give my testimony and support as
invited by the gentleman from 100 Penny Lane. Therefore, I will share my experiences of what happened to me
from those outside of the community people who parked on our street and caused our security concern;
so that you may share with the Town council and cited as my statement, during the meeting, if needed.
(1) There was one time, when I was walking along Penny Lane for exercise towards west around the area of the
blocks of #90's in commonland, there were 4-5 people coming out from the Six Mile Creek area and walked to their
car parked at Penny Lane near where I was. I walked by them naturally not even looked at them, but they started
to laugh at me and teasing me. I kept on walking to avoid any confrontation. However, after they got into their
car, they drove by me and shouted loudly at me to threaten me. It is quite unpleasant for such disturbance of
street peace as well as my right.
(2) There was another day, when I was walking along Penny Lane near the blocks of # 40's in commonland, 1 saw
a group of motorcyclists with loud and heavy motorcycles running on Penny Lane from the blocks of #90's in
commonland towards the east. They ran fast towards me and past me going to the direction of the block #1 in
common land, then turned around and past me again. It is obvious to me that they were showing off. However, it is
not safe for such ride on this kind of street.
Many thanks for your kind effort with the other party of commonland led by 100 Penny Lane. Wishing you the
best for every success in this case.
Richard