HomeMy WebLinkAboutTB Minutes 1998-05-11 TOWN BOARD MEETING
May 11 , 1998
5: 30 p.m. to 9:00 p.m.
AGENDA
1 . Call to Order.
2 . Pledge of Allegiance.
3. Report of Tompkins County Board .of Representatives.
4. Report of Fire Commissioners.
5. Consider question as to whether to investigate other contractual possibilities for Fire
Protection Services.
6. 6:00 p.m. = PERSONS TO BE HEARD.
a. Marcia Torrance, 110 Winston Drive.
b. Petition: Mecklenburg Community Residents.
7 . Review of Correspondence:
a . Leland and Margaret Carmichael - Water & Sewer Benefit Assessment.
b. Barbara Blanchard and Paulette Manos - Mecklenburg Road Traffic.
6, PETITION : Mecklenburg Community Residents.
8. PUBLIC HEARING : 6:30 p.m. ma To consider enactment of a, " LOCAL LAW FOR
THE CONSTRUCTION AND MAINTENANCE OF TELECOMMUNICATIONS
FACILITIES" .
9. Consider SEQR related to a, " LOCAL LAW FOR THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES" .
10. Consider adoption of a, " LOCAL LAW FOR THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES° .
Ratify Supervisor's directive setting a public hearing for consideration of a, " LOCAL LAW
AMENDING THE PROVISIONS OF LOCAL LAW NO. 1 OF THE YEAR 1998 TO EXTEND
FOR AN ADDITIONAL 75 DAYS THE MORATORIUM ON THE TB Mtg .
11 . ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES IN THE TOWN OF
ITHACA" .
TOWN BOARD MEETING PAGE 2 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Agenda - 5/11 /98
Page 2.
12 . PUBLIC HEARING : 6 :45 p. m. To consider a , ", LOCAL LAW AMENDING THE
PROVISIONS OF LOCAL LAW NO . 1 OF THE YEAR 1998 TO EXTEND FOR AN
1 .
ADDITIONAL 75 DAYS THE MORATORIUM ON THE ESTABLISHMENT OF ADULT
ENTERTAINMENT BUSINESSES IN THE TOWN OF ITHACK .
13. Consider adoption of a , LOCAL LAW AMENDING THE PROVISIONS OF LOCAL LAW
NO , 1 OF THE YEAR 1998 TO EXTEND FOR AN ADDITIONAL 75 DAYS THE
MORATORIUM ON THE ESTABLISHMENT OF ADULT ENTERTAINMENT
BUSINESSES IN THE TOWN OF ITHACA" ,
14. Consider setting public hearing date to consider enactment of a local law amending the
Town of Ithaca Zoning Ordinance Relating to Adult Entertainment Business.
15. Consider authorization to pursue grant applications under the State's Clean
Water/Clean Air Bond Act, and/or the Federal Farmland Protection Program in order to
consider implementation of a Purchase of Development Rights Program .
16. a. Consider ratification of cancellation of the May 7 , Special Town Board meeting in
order to conduct a public hearing to consider the proposed rezoning of a portion of
Tax Parcel No. 19-1 -5 on East Shore Drive for the Cornell University Lake Source
Cooling Project, to consider SEAR findings, related to such rezoning , and to consider
a proposed Local Law effecting such rezoning .
b . Consider setting Special Town Board meeting date to conduct a public hearing to
consider the proposed rezoning of a portion of Tax Parcel No, 19A1 5 on East Shore
Drive for the Cornell University Lake Source Cooling Project, to consider SEQR
findings, related to such rezoning, and to consider a proposed Local Law effecting
such rezoning.
c. Consider setting public hearing date to consider the proposed rezoning of a portion
of Tax Parcel No. 19-1 -5 on East Shore Drive for the Cornell University Lake Source
Cooling Project, to consider SEQR findings, related to such rezoning, and to consider
a proposed Local Law effecting such rezoning .
17 . Consider setting public hearing date to consider enactment of a local law amending the
Town of Ithaca Zoning Map rezoning a portion of Tax Parcel No. 27A A 1 . 2 located at
the intersection of Trumansburg and Bundy Road, from RA 5 Residence District to
Special Land Use District( SLUD ) , in conjunction with the proposed Sterling House of
Ithaca & Sterling Cottage (formerly Woven Hearts) development.
TOWN BOARD MEETING PAGE 3 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
TB Mtg . Agenda - 5/11 /98
Page 3.
18. Consider approval of application for a Flood Protection Grant through the Tompkins
County Soil and Water Conservation District,
19. Discuss report related to the Mecklenburg Road water main.
20. Discuss possible revisions to agreement with the City of Ithaca for Police Department
Jurisdiction on Town of Ithaca School District Properties.
21 . Consider proposed Recreation Partnership by-laws.
22 . Consider approval of job description for the Network and Records Specialist.
23. Consider present status of Public Officers' indemnity insurance.
24. Discuss proposed resolution authorizing and delegating certain powers and duties of
day-to-day administration and supervision to Town Supervisor.
25. Consider resolution of appointment of Planning Board member, and Zoning Board of
Appeals member.
26. Consent Items: Consider resolutions approving and/or authorizing the following :
a. Town Board Minutes - 3/30/981 4/13/98.
b. TOWN OF ITHACA WARRANTS .
c. BOLTON POINT WARRANTS.
d . Regular Appointment - Parks Maintenance Manager.
e. Authorization for rental of highway equipment.
f. Change in designation of polling place.
27. Report of Town Committees,
28. Report of Town Officials:
a. Town Clerk/Receiver of Taxes.
b. Highway Superintendent.
c. Director of Engineering .
d. Director of Planning .
e. Director of Building/Zoning .
f. Human Resources.
g . Budget Officer.
TOWN BOARD MEETING PAGE 4 MAY 11 , 1998
APPROVED - APPROVED .- APPROVED
TB Mtg. Agenda - 5/11 /98
Page 4.
29. Executive Session .
30, Consider ADJOURNMENT.
TOWN BOARD MEETING PAGE 5 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
TOWN OF ITHACA
TOWN BOARD MEETING
MAY 11 , 1998
5:30 P. M .
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New
York held at the Town Hall , 126 East Seneca Street, there were present;
PRESENT: Catherine Valentino, Supervisor; Carolyn Grigorov, Councilwoman ; David Klein ,
Councilman ; Ellen Harrison, Councilwoman ; Mary Russell , Councilwoman (arrived 7 : 35
p. m ., ) ; Edward Conley, Councilman ; John Wolff, Councilman .
ALSO PRESENT: Joan Lent Noteboom, Town Clerk; John C . Barney, Attorney for the
Town; Daniel Walker, Town Engineer; Fred Noteboom , Highway Superintendent; Jonathan
Kanter, Director of Planning ; Andrew Frost, Director of Building and Zoning ; Alfred Carvill ,
Budget Officer; Judith Drake, Human Resources Specialist.
OTHERS PRESENT: Yui Hasuike; Tommy McElwee; Robert Romanowski , Board of Fire
Commissioners; Richard Charsky, 137 Whitetail Drive;. Doria Higgins, 2 Hillcrest Drive; W. S .
(Lanny) Joyce, Cornell University; Shirley Egan, Cornell University.
Call to Order: The Supervisor called the meeting to order at 5: 32 p. m . , and led the
assemblage in the Pledge of Allegiance .
Agenda Item No: 3 - Report of Tompkins County Board of Representatives.
No report.
Agenda Item No. 4 - Report of Fire Commissioners .
Robert Romanowski - The Program Analysis Committee for the City will be meeting this
evening . They will be concentrating on budget and program justification.
The City now has a new aerial fire truck that cost about $1 million. This truck will replace
one that was twenty years, old.
Common Council has confirmed the appointment of the Regional Training Center Committee
which will be used for the entire area, and will pay for itself through training .
TOWN BOARD MEETING PAGE 6 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
The 175th celebration activities are underway. The Town of Ithaca may wish to make a
donation towards the celebration by placing an advertisement in the program . The
celebration dinner will be held at the Emerson Suites, Ithaca College on October 10, 1998.
A market survey for the No. 7 Fire Station has - been completed. This station will be sold to
increase budget funding. Labor and equipment costs keep rising . Ongoing recruitment of
volunteers is proceeding in order to help keep down costs.
Supervisor Valentino - We have received a request from the Fire Department to place an
advertisement in the program for the anniversary celebration . The Attorney for the Town can
advise us as to whether we can pay for such an advertisement. .
Attorney . Barney - What would the advertisement promote?
Supervisor Valentino - The advertisement . would say something nice about the Town's
participation with the City for fire protection .
Attorney Barney - The State Constitution says a Town should not use public monies for the
furtherance of private enterprises. Even though this is for a Fire Department, it would be a
"marginal' decision to spend money on an advertisement which could really be considered a
donation .
Supervisor Valentino - If the Town Board would like to place the advertisement, we should
do so through individual donations.
Attorney Barney - There 'are provisions in the law to promote the Town through a promotional
fund : I can research that possibility.
Supervisor Valentino - Would the Town Board be receptive to placing this advertisement if
the Attorney researches the law and finds it could be done through a promotional fund?
I was asked to write a letter about the, anniversary celebration of the first fire company. I
commented in the letter that the year this fire company was started, ( 175 years ago) , was
prior to the annexation of the City of Ithaca from the Town . This fire company was actually
formed in the Town of Ithaca.
The Town Board agreed to have the Attorney for the Town research this issue, and have the
advertisement placed if it were legal to do so.
Agenda Item No. 5 - Contractual Possibilities for Fire Protection Services:
Supervisor Valentino - We have talked about how expensive our contractual responsibilities
are for fire protection between the Village of Cayuga Heights and the City of Ithaca.
TOWN BOARD MEETING PAGE 7 MAY 11 , 1998
APPROVED - APPROVED - APPROVED .
Particularly, the City of Ithaca. Some board members thought we should investigate. other
possibilities.
Should we . think about hiring a consultant to study the feasibility of the $2 million we pay for
fire protection? Should we pursue this possibility and see what kind of consultants are
available?
Councilman Wolff - Are you talking about finding out what kind of consultants are available,
how much it would cost, and what information a consultant could provide?
Supervisor Valentino - Study whether we should have our own Fire Department, or whether
we should contract more services to the Village of Cayuga Heights.
Councilwoman Harrison - You would investigate the consultant services available and then
report to the Town Board?
Supervisor Valentino - Our contract with the . City of Ithaca expires in 1999. We need to
negotiate a new contract if we are going to continue this method of protection .
Councilman Klein - We should evaluate other options, especially for the cost of $2 million
each year.
Councilwoman Grigorov - The present system allows homeowners the opportunity to pay
less for their home fire protection insurance because we are serviced by a paid department
rather than by a volunteer fire department.
Supervisor Valentino - Having an all volunteer fire department would probably be very
difficult to accomplish .
Councilwoman Harrison - There are other services being provided by the City Fire
Department. I would be interested in an independent evaluation that has to do with funding
and services, how the Town's funds have been allocated and used . That seems to be a
large part of the concern . What are the services we are actually buying? How do those
costs compare to other communities who have the same types of contracts?
Attorney Bamey - Would the Town Board be interested in knowing how much it would cost to
operate our own Fire Department?
Councilwoman Harrison - That would have to be looked at.
Councilman Wolff - We shouldn't just look at the economic analysis because there are gains
by sharing services.
TOWN BOARD MEETING PAGE 8 MAY 111 1998
APPROVED - APPROVED - APPROVED
Councilman Klein - It may be possible for a consultant to help with the City negotiations in
terms of what we get for the money.
. Councilman Conley - The only step we will be taking now is to investigate if there are such
consultants, what it would cost, and what information they would provide?
Supervisor Valentino - See what kind of services . a consultant would offer and how much it
would cost. We then will bring that information back to the Town Board .
Councilman Klein - I believe the Town. Board looked into this possibility in the late 1980's.
There may be some information in the archives.
Attorney Barney - That was completed through an informal approach , and it was determined
a volunteer fire department was not feasible. At the time, the cost compared to what the
Town was paying was not cost effective.
Supervisor . Valentino - One of the reasons we are paying so much now is because we
discovered we were actually getting a bargain on the cost. The Town of Ithaca's , protection
and cost is approximately 32% of the Ithaca Fire Department's budget. The share of the
legitimate costs has been discussed and 1999 will be the final year the contract will bring us
to our 32% share.
Councilman Klein - We have to look at the assessed evaluation of properties protected when
doing the comparison, the number of response calls and where they are for.
Agenda Item No. 7 - Review of Correspondence.
a. Leland and Mary Margaret Carmichael - Request for information regarding appeal of
decision by the Water/Sewer Benefit Assessment Committee. Tax Parcel #58. -2-22 . 12. (See
Attachment #1 )
b. Barbara Blanchard and Paulette Manos - Mecklenburg Road traffic and speed limit.
(See Attachment #2)
Jonathan Kanter, Director of Planning - The Town has not requested a speed limit reduction
on this road from the New York State Department of Transportation ( NYSDOT) . We were
waiting until the development plans were approved to substantiate the population changes
that are projected. The County is probably prepared to move . ahead with the request to the
NYSDOT. The Town Board may feel it is now appropriate to make the request.
Councilman Klein - The State turned down the request in the past.
Director of Planning Kanter - That was before the current development discussions.
TOWN BOARD MEETING PAGE 9 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Supervisor Valentino - There may be a better chance of having the reduction granted now
that the Mecklenburg. Heights project has , been approved .
Councilman Conley - ' Didn't we consider a uniform request of speed limit reductions on all
State roads that come into the Town?
Fred Noteboom , Highway Superintendent - That issue was discussed at the Public Works
Committee, but it was not followed through.
Councilman Conley - If we are going to make a request for speed limit reductions we should
include any problems within the entire Town.
Councilwoman Harrison - It may be a good idea to consider what _ Councilman Conley is
suggesting by having a representative from DOT come to a Town Board meeting to hear our
concerns.
Councilman Conley - Route 79 down to the west hill is a treacherous road . The problem will
not go away and will probably worsen .
Supervisor Valentino - We should go ahead with the request for the reduction of speed on
Mecklenburg Road . We told the community once this project was approved we would do so.
It is hard to have one speed limit for all roads because of our topography.
Director of Planning Kanter - There may be another recommendation coming from the
Planning Board in conjunction with the Sterling House (formerly Woven Heart) project. They
will be recommending that the 45 m . p. h . speed limit going up the hill be extended .
Councilwoman Harrison - We have asked the DOT about reducing the speed limit on Route
96B and Route 366. It is a bigger issue than just this one road .
Councilman Klein - We should have the representative from DOT come to Town Board
meeting .
Highway Superintendent Noteboom - I can contact Barry Stevens from DOT and arrange a
time for him to come to the meeting .
Supervisor Valentino - We should have a plan before we ask for a representative to come to
our meeting.
The Town Board members agreed that the Public Works Committee would develop and
organize a plan for speed limit reduction requests to be presented to the NYSDOT.
TOWN BOARD MEETING PAGE 10 MAY 11 , 1998
. APPROVED - APPROVED - APPROVED
c. Mecklenburg Community Residents - Name of Mecklenburg Heights development.
Supervisor Valentino - Mr. Fennessey, Conifer Realty has informed me they are considering
a change in the name of the development. This is an issue that makes me concerned . If this
development proposed the construction of homes that cost $200, 000, the Town Board would
not see this petition. Thirty years ago when my husband and l moved to Eastern Heights we
were discriminated against in the same manner. I see this as a type of discrimination . I was
very disturbed about this letter.
See Attachment #3
Agenda Item No. 6 Persons To Be Heard .
Doria Higgins, 2 Hillcrest Drive, read a letter into the record regarding the Lake Source
Cooling Project, (see attached). Mrs. Higgins noted that she is making this statement
independently and that she is not aligned with any group.
Mrs . Higgins - There are a number of different scientists involved in ;the Environmental
Impact Statement and none of us are .qualified to evaluate it. Not even the people at the
Department of Environmental Conservation . (See Attachment #4)
a: Letter Marcia Torrence Property - Question as to the legality of a two-family residence
on 110 Winston Drive.
Supervisor Valentino - There seems to' be questions about why Mr. Frost requested the sink
be removed from the basement of this residence.
The Town Board received a copy of the resolution passed last year setting the policy for the
elimination of second dwelling units in existing buildings. The Board spent a great deal of
time discussing this issue at that time.
Councilwoman Harrison - Usually when someone designs a house they like to place a sink in
the recreation room. Is this a problem because there has been a violation? We are
enforcing this because it is an unusual circumstance?
Andrew Frost, Building/Zoning Officer - The concern is that a landlord , current owner, or
future owner can create an apartment by closing off doors, installing sinks, and .microwave
ovens.
Councilwoman Harrison - How is that any different than when someone builds a house and
puts a bathroom in the basement or recreation room?
TOWN BOARD MEETING PAGE 11 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Director of Building and Zoning Frost - The floor plan makes the difference. There have
been homes where there is a bathroom and a small kitchen, but the space is arranged so
that it is not conducive to set up a "home" .
Supervisor Valentino - Since the adoption of the resolution this system has worked very well .
This is the first instance where there has been a question to this extent. The resolution is a
tool for us to handle what was a very difficult problem .
Director of Building and Zoning Frost - The resolution allows me to "deviate in whole or in
part from the procedure set forth" . That is important. That provision allows me to make a
reasonable determination of why a sink or kitchen were in the space. Some residences have
a second kitchen for religious purposes. The floor plan keeps the elements of a separate
dwelling clear.
The home in question , in my mind , has too much of a private floor plan. It would be very
easy for someone to establish a second dwelling unit again.
Councilwoman . Grigorov - .When you look at a new house that is being designed, would you
object to having those facilities in the basement?
Director of Building and Zoning Frost No, there are many variables.
Councilman Klein - If someone had plans for a cellar with no habitable space, yet they
elected to have a small kitchen and bathroom, you would not necessarily deny the permit?
Director of Building and Zoning Frost - That has not happened before, but chances are I
would not deny them a permit.
Supervisor Valentino - We have found some illegal apartments in cellar spaces.
Councilman Klein - In the letter written to Mr. Bamberger you say, "a dwelling unit is a
habitable space that provides sleeping , cooking and sanitary" . If it is a cellar it is really not
" habitable" space no matter what is put there.
Director of Building and Zoning Frost - In this case there was an illegal space being used as
a dwelling unit.
Councilman Klein - If the kitchen and bathroom are for the convenience of the owner then
there should not be a requirement for removal , but if they are trying to use the space as an
illegal apartment they must be removed .
3
TOWN BOARD MEETING PAGE 12 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Attorney Barney - When these issues surface they are in the context of an existing illegal
use. Then the question becomes how to correct it, and how much do you require of the
owner to correct it. This policy was deemed to be the appropriate way to proceed.
The Town could, if the violation continues, issue a summons to appear in Town Court for
continued violations of the Zoning Ordinance. Getting the affidavit relieves the necessity for
enforcement, and offers some assurance that there is nothing physical in the space which
creates a second unit.
Councilman Klein - If a property owner disagreed with the decision of the Building/Zoning
Enforcement Officer they could appeal through the Zoning Board.
Attorney Barney - I am not sure if this, would be an automatic appeal under the resolution
setting the policy. The policy was established by the Town Board so you would probably
have to hear the appeal .
Director of Building and Zoning Frost - The Zoning Board appeals are based on the
application of the Zoning Ordinance. This does not fall under the Zoning Ordinance,
If Ms. Torrence (property manager) fails to comply, we can issue an appearance summons
for Town Court on the basis they are maintaining an illegal dwelling unit.
Agenda Item No. 11 - Ratification to Set Public Hearing, Local Law Adult Entertainment
Businesses .
Attorney Barney - The Codes and Ordinances Committee discussed that the time frame for
the moratorium on the establishment of Adult Entertainment Businesses through the enacted
local law was coming to a close. I have been working on additions to the Zoning Ordinance
which would govern the establishment of these businesses. It will take another two months
to finish that local law. The COC has recommended adopting a local law to extend the
moratorium for another seventy five days. The Town Supervisor set a public hearing date to
consider the extension after concurrence with the members of the board.
Resolution No. 73 - Ratification of Town Suaervisor's Directive, Public Hearing Date
Local Law Extending Moratorium on the Establishment of Adult Entertainment
Businesses.
BE IT RESOLVED, the governing Town Board of the Town . of Ithaca does hereby
ratify the directive of the Town Supervisor on April 29, 1998, that a public hearing be held at
the May 11, 1998 meeting of the t Town Board, at 6:45 p. m. , in order that the Town Board
may consider a, "LOCAL LAW AMENDING THE PROVISIONS OF LOCAL LAW NO. 1 OF
THE YEAR 1998 TO EXTEND FOR AN ADDITIONAL 75 DAYS THE MORATORIUM ON
THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES"
TOWN BOARD MEETING PAGE 13 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
MOVED: Councilwoman Grigorov, SECONDED: Councilman Klein. A vote on the resolution
resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman
Klein, aye, Councilwoman Harrison, aye, Councilman. Conley, aye, Councilman Wolff, aye.
Motion carried unanimously.
Agenda Item No. 114 .= Set Public Hearing Date, Local Law Amending Zoning Ordinance
Relating to Adult Entertainment Businesses :
Attorney Barney - This item is to set a public hearing to consider enactment of the final local
law.
Resolution No. 74 --Public Hearing Date, LOCAL LAW AMENDING' ZONING
ORDINANCE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES:
BE IT RESOLVED, the Town Clerk is hereby authorized and directed to advertise for
a public hearing to be held at the next regular meeting of the Town Board on June 81 1998 at
6: 15 p. m. , in order that the governing Town Board may consider a, "LOCAL LAW
AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATED TO THE
ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES IN THE TOWN OF
I THACA "
MOVED: Supervisor Valentino, SECONDED: Councilwoman Harrison. A vote on the
resolution resulted as , follows: Supervisor Valentino, aye; Councilwoman Grigorov; aye;
Councilman Klein, aye, Councilwoman Harrison, aye, Councilman Conley, aye; Councilman
Wolff, aye. Motion carried unanimously.
Agenda Item No. 25 = Appointment Planning Board Member2oning Board of Appeals
Member:
Joan Lent Noteboom, Town Clerk - I tried to word the proposed resolution to indicate this
was a correction of the inconsistencies in the terms of office: I have talked to. both Mr. Stotz
and Mr. Ainslee. They both wish to be appointed, and they understand the reason for these
appointments.
Resolution No. 75 - Appointment Planning Board- Member and Zoning Board of
Aaaeals Member:
WHEREAS, . the Town Clerk and Deputy Town Clerk have reviewed the� terms of office
for various officials appointed to the Planning Board and the Zoning Board of Appeals to
determine why there is an inconsistency in the consecutive order of the terms; and
TOWN BOARD . MEETING PAGE 14 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
WHEREAS, it has been determined that the original appointments of David J. Stotz to
the Zoning Board of Appeals, and James S. Ainslie of the Planning Board are inconsistent
with the consecutive order of the Terms of Office for their said boards; and
WHEREAS, the Town of Ithaca Town Board wishes to correct the inconsistencies in
the consecutive order of these Terms of Office, and
WHEREAS, Mr. David Stotz, Zoning Board of Appeals member, and Mr. James
Ainslie, Planning Board member wish to continue to serve in this capacity; now, therefore, be
it
RESOLVED, the governing Town Board hereby appoints the following individuals to
serve on the Planning Board and the Zoning Board of Appeals for the Term of Office
indicated.
Zoninci Board of Aaaeals Member.
David J. Stotz Term of Office: May 11, 1998 - December 31, 2002
4 Evergreen Lane
Ithaca, NY 14850
Plannin_ Board Member:
James S. . Ainslie Term of Office: May 11, 1998 - December 31, 2000
245 Hayts Road
Ithaca, NY 14850
MOVED: Councilwoman Harrison, SECONDED: Councilman .Conley. A vote on the
resolution resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye. Motion carried unanimously.
Agenda Item No. 24 - Authorization/Delegation Certain Powers & Duties of Town
Supervisor:
Councilwoman Grigorov - Is this a response to something that has happened .
Supervisor Valentino - This has to do with the need to postpone the public hearing for the
Lake Source Cooling Project, and some of the technicalities for advertising . This resolution
would make it easier to set dates.
Councilman Klein - What does this section of Town Law authorize?
TOWN BOARD MEETING .,PAGE. 15 MAY 11 , 1998
APPROVED - AIPROVED - APPROVED
Attorney Barney - Section 29( 16) of Town ' Law. Attorney Barney read that section of the law
to the Town Board.
Councilwoman Grigorov - Could you imagine a situation where the .Town Supervisor could
postpone a public hearing the Town_ Board wanted?
Supervisor Valentino - The resolution states that I would have to consult a quorum of the
Town Board before doing so.
Councilwoman Grigorov - It certainly makes sense to pass the resolution.
Attorney Barney - I should probably do some research on why it is necessary to formally set
the public hearing at one meeting for the next meeting . Some have to be done because. of
statutory regulations, such as for a special district. Semi-routine public hearings , may have
less formal requirements, but by. the passage of this resolution the board could give greater
credence to that.
Councilwoman Grigorov - Would the public hearing still have to be advertised a certain
number of days before it is held?
Attorney Barney - Yes, the legal time frame would still have to be met. For example, a local
law must be advertised ten days prior to the public hearing date.
Councilwoman Harrison - Suppose there were a different board situation in which the
Supervisor unilaterally decided to make ' decisions without agreement of the Town Board
members.
Town Clerk Noteboom - I do not think that could be done because the Town Clerk would be
able to monitor those situations. Part of the reason this came about was because the Town
Clerk had resolutions directing the advertising of the special meeting and the public hearing.
It put the Town Clerk in a "gray" area about asking that those notices not be published . The
Attorney advised .me that I was correct in noting that I was directed to advertise, but the
Town Supervisor has some autonomy in these areas and could cancel these meetings. I
requested this resolution be passed to eliminate this "gray' area.
Councilwoman Harrison - That is what is concerning me. We did . have a "check and
balance" system , and if we pass this resolution and something were to go awry would there
be a problem .
Attorney Barney - The resolution could state that the Town Supervisor could do so after
receiving the consent of the majority of the Town Board .
TOWN BOARD MEETING PAGE 16 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Councilman Klein - Does this become a standing resolution which outlives this, governing
Town Board unless it is rescinded?
Supervisor Valentino - Do you wish to have the Attorney for the Town research this in more
detail .
Councilwoman Grigorov - We could pass the resolution for now, and then have the Attorney
do the research and report back.
Supervisor Valentino - Actually, the resolution may be more restrictive than the law by
requiring the consent of a quorum of the Town Board.
Resolution No. 76 - Authorization and Delegation of Certain Powers .& Duties to Town
Suaervisor.
BE IT RESOLVED, pursuant to Town Law, Section 29(16), the Town Board of the
Town of Ithaca hereby authorizes and delegates , to the Town Supervisor powers and duties
of day-today administration and supervision of all town and special district facilities and
employees consistent with, and in furtherance of any and all State and Federal laws
applicable thereto, and with any and all local laws, resolutions or policies heretofore or
hereafter adopted by this Town Board, and, be it further,
RESOLVED, this authorization shall include responsibility for establishing dates and
times for any public meetings and/or public hearings as required by law including the
authority to change, alter, or cancel established meetings or public hearing dates, times or
locations to accommodate the public or board members who would otherwise be unable to
attend, after receiving the consent of a quorum of the Town Board members.
MOVED: Councilman Wolff, SECONDED: Councilwoman Grigorov. A vote on the resolution
resulted as . follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman
Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye, Councilman Wolff, aye.
Motion carried unanimously.
Agenda Item No. 23 - Status Public Officers' Indemnity Insurance :
Supervisor Valentino announced the postponement of this item until the June meeting.
Agenda Item No. 22 - Network Records Specialist Job Description :
Supervisor Valentino - We have been working on this job description to make sure it meets
the requirements we need.
Councilman Klein - Will we be able to find someone with these diversified skills?
TOWN BOARD MEETING PAGE 17 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Judy Drake, Human Resources Specialist - The County Civil Service Department has not
seen the description. The Town Board needs to approve it, then it is forwarded to the
County for review and approval . They are concerned we may be trying to put to many
diversified qualifications into one position .
Councilman Wolff - Was the language for this job description compiled from many others?
Human Resource Specialist Drake - Job descriptions from the County, along with some
obtained from the State Archives Records Administration . We took the best features from
several different descriptions to formulate this one.
Councilman Wolff - To what extent is the Library Research Grant and SARA requirements
related to the responsibilities of this position?
Town Clerk . Noteboom - It is hoped, the individual in this position would have knowledge of
computers and networking to help devise the indexing program and train staff to coincide
with the requirements of SARA. We expect this individual will help create guidelines for
electronic media records. This position is a large component of the Records Management
Program to insure whatever is created on the network meets legal requirements.
Supervisor Valentino - When we discussed this with other Department Heads we reached
consensus that records management is where this position should be centered. We need to
be cautious about following legal requirements as we develop the program .
I would like the Town Board to approve this job description so that it can be sent to the
County for review and approval .
Councilman Klein - Is there a salary identified for this position?
Town Clerk Noteboom - It was accounted for in the 1998 General Fund Budget for $ 15, 000
for six months .
Mrs . Drake - It would be considered as a Job Classification ° O" .
Town Clerk Noteboom - We also requested half of that salary, plus benefits, through the
Library Research Grant.
Human Resource Specialist Drake - After approval of the job description by the Town Board
it will be sent to the County. They can make recommendations for change, or approve it.
Then the Town Board will create a position , and then we will advertise to fill the position .
TOWN BOARD MEETING PAGE 18 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
We are going to ask the County to make a recommendation about the appropriate
classification and salary to compare it with other like positions.
Councilman Wolff - We talked about the need to have policies for computer hardware and
software. One thing lacking was having one person responsible for those things. This suits
that need very well . We were also not sure whether that would need to be a full time
position . We thought it would be a good idea to have the dual records management roll to
get the most value. We have managed to accomplish that very well with this position .
Resolution No. 77 - Approval Network and Records Specialist Job Description.
WHEREAS, in the 1998 budget in the Records Management personnel account there
was a 1/2 year position budgeted in order to create this new position; and
WHEREAS, the Records Management Advisory Board has reviewed I the attached job
description for the title of Network and Records Specialist and recommends it to the Town
Board for approval; now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the
recommended Network and Records Specialist job description; and be it further
RESOLVED, the Town Board directs the Human Resources Specialist to forward the
said approved job description to Tompkins County Civil Service for their approval.
MOVED: Councilman Wolff. SECONDED: Councilman Conley. A vote on the resolution
resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman
Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye.
Motion carried unanimously.
Agenda Item No. 8 Public Hearina : " LOCAL LAW FOR THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES" .
Supervisor Valentino opened the public hearing at 6.30 p. m. The Town Clerk had proof of
posting and publication.
Richard Charsky - I represent NYSEG. We operate two-way radios and. cellular phones in
our daily business. What might be in the local law that would impact NYSEG regarding the
maintenance of our facility?
Attorney Barney - This local law would have very little to do with NYSEG. This is directed
towards the construction of large tall towers. If NYSEG has transmitters now, this local law
would not have impact.
TOWN BOARD MEETING PAGE 19 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Supervisor Valentino closed the public hearing at 6:35 p. m. , and offered the floor to the Town
Board for comments.
Agenda Item No. 9. Consider SEQR related to a, " LOCAL LAW FOR THE
CONSTRUCTION AND MAINTENANCE OF TELECOMMUNICATIONS FACILITIES."
(See Attachment #5)
Resolution No. 78 - SEQR, "LOCAL LAW FOR THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES:
WHEREAS, this action is the enactment of a local law amending the Town of Ithaca
Zoning Ordinance relating to the construction and maintenance of telecommunication
facilities; and
WHEREAS, said proposed local law would provide standards through a special
approval process for the sitting, design, maintenance and removal of telecommunication
towers and related facilities within the Town of Ithaca, and
WHEREAS, this is an unlisted action for which the Town of Ithaca town Board is
legislatively determined to act as Lead Agency in environmental review with respect to the
enactment of local laws, and
WHEREAS, the Town Board, at a public hearing held on May 11, 1998. Has reviewed
and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this
action; now, therefore, be it
RESOLVED, that the Town of Ithaca Town Board . hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and,
therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
MOVED: Councilwoman Grigorov. SECONDED: Councilman Wolff. A vote on the resolution
resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye; Councilman
Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye.
Motion carried unanimously.
Short Environmental Assessment Form See Attachment #6.
Agenda Item No. 10 - Consider enactment, " LOCAL LAW AMENDING THE TOWN OF
ITHACA ZONING ORDINANCE RELATING TO THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES" :
TOWN BOARD MEETING PAGE 20 MAY 11 , 1998
APPROVED -APPROVED - APPROVED
Councilman Klein - We received a letter from a constituent who asked that these facilities be
banned from the town . We should include in the record that there are restrictions placed
upon banning these facilities by the federal government.
Attorney Barney - These facilities are public utilities , and there is a great deal of case law
that public utilities cannot be banned, but they can be regulated. The local law makes it a
requirement that they . have to identify themselves as a public utility in each application .
Presently, there are law suits presently which are addressing the question of whether or not
they are public utilities.
Councilwoman Grigorov - Are there pending law suits against municipalities who have
banned these facilities?
Director of Planning Kanter - The Telecommunications Act of 1996 says that municipalities
cannot ban these facilities, but they can provide reasonable regulations.
Attorney Barney - That act says we cannot unreasonably restrict the availability of these
facilities, including many things you cannot do, such as regulate over the FCC .
The Town Board instructed the Director of Planning to respond to a letter received from
Christiana Dean, Chair of the Agriculture Committee asking that the telecommunication
facilities be banned in the town. The response shall include an explanation of the federal
regulations described by the Attorney for the Town. Correspondance Christiana Dean . (See
Attachment #T)
Resolution No. 79 - Enactment. "LOCAL LAW FOR THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES -:
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 May 11, 1998 to hear all interested parties on
a proposed local law entitled "A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING
ORDINANCE RELATING TO THE CONSTRUCTION AND MAINTENANCE OF
TELECOMMUNICATIONS FACILITIES', 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
TOWN BOARD MEETING PAGE 21 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article
8 (State Environmental Quality Review Act ("SEQR') it has been determined by the Town
Board that adoption of said proposed local law would not have a significant effect upon the
environment and could be processed without further regard to SEQR; and
WHEREAS, the Tompkins County Department of Planning has, pursuant to General
Municipal Law Section 239-m, advised the Town that it does not disapprove such legislation
nor recommend any modifications thereof
NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca
hereby adopts said local law entitled, "A LOCAL LAW .AMENDING THE TOWN OF
ITHACA ZONING ORDINANCE RELATING TO THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATION FACILITIES" a copy of which is attached
hereto and made a part of this resolution; and it is further
RESOLVED, that the local law or an abstract or summary of same be published in the
Ithaca Journal as soon as. practicable after its adoption; 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.
RESOLVED, the governing Town Board of the Town of Ithaca does hereby adopt
Local Law No. 211998 a, "LOCAL LAW FOR THE CONSTRUCTION AND
MAINTENANCE OF TELECOMMUNICATIONS FACILITIES'; and, be it further
RESOLVED, the Town Clerk is hereby authorized and directed to advertise and file
the said local law as required by Town Law,
MOVED: Supervisor Valentino. SECONDED: Councilman Wolff. A roll call vote on the
resolution resulted in the following: Supervisor Valentino, aye; Councilwoman G►igorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye. Motion carried unanimously.
Agenda Item No. 12 as Public Hearing, " LOCAL LAW AMENDING THE PROVISIONS OF
LOCAL LAW NO. 1 OF THE YEAR 1998 TO EXTEND FOR AN ADDITIONAL 75 DAYS
THE MORATORIUM ON THE ESTABLISHMENT OF ADULT ENTERTAINMENT
BUSINESSES IN THE TOWN OF ITHACA" :
Supervisor Valentino opened the public hearing at 6, 45 p. m. The Town Clerk had proof of
posting and publication. As no one from the public came forward to be heard, the Supervisor
closed the public hearing at 6:45 p. m.
TOWN BOARD MEETING PAGE 22 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Agenda Item No. 13 . Consider adoption of a, " LOCAL LAW AMENDING THE
PROVISIONS OF LOCAL LAW NO. 1 OF THE YEAR 1998 TO EXTEND FOR AN
ADDITIONAL 75 DAYS THE MORATORIUM ON THE . ESTABLISHMENT OF ADULT
ENTERTAINMENT BUSINESSES IN THE TOWN OF ITHACA."
Resolution No. 80 - RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN
ADDITIONAL SEVENTY-FIVE DAYS A MORATORIUM FOR THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES:
WHEREAS, the Town Board of the Town of Ithaca adopted Local Law No. 1 of the
year 1998 providing for a moratorium on the establishment of adult entertainment businesses
in the Town for 90 days; and
WHEREAS, for the reasons set forth in the annexed local law it is necessary to extend
such moratorium for an additional 75 days to complete the study and legislation related to
such businesses; and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca
ratifying the decision of the Town Supervisor directing a public hearing to be held by said
Town on May 11, 1998 to hear all interested parties on a proposed local law entitled "A
LOCAL LAW EXTENDING FOR AN ADDITIONAL SEVENTY-FIVE DAYS A MORATORIUM
FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES'; and
WHEREAS, a notice of said public hearing was duly advertised in the Ithaca Journal;
and
WHEREAS, said public hearing was duly held on said date at the time designated in
said notice 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 Part 617 of the Implementing Regulations pertaining to Article
8 (State Environmental Quality Review Act ("SEQR') it has been determined by the Town
Board that adoption of said proposed local law is a Type II action and therefore not subject to
environmental review under SEQR; and
WHEREAS, the Tompkins County Department of Planning has, pursuant to General
Municipal Law Section 239=m, advised the Town that it does not disapprove such legislation
nor recommend any modifications thereof;
NOW THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca
adopts said local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL
SEVENTY-FIVE DAYS A MORATORIUM FOR THE ESTABLISHMENT OF ADULT
TOWN BOARD MEETING PAGE 23 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
ENTERTAINMENT BUSINESSES", a copy of which is attached hereto and made a part of
this resolution; and it is further
RESOLVED, that the local law or an abstract or summary of same be published in the
Ithaca Journal as soon as practicable after its adoption; 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: Councilman Conley. SECONDED: Councilwoman Grigorov. A roll call vote on the
resolution resulted in the following: Supervisor Valentino, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye. Motion carried unanimously.
Agenda Item No. 17 - Public Hearing Date, SLUD Proposed Sterling House of ,Ithaca &
Sterling Cottage :
Resolution No. 81 - Public Hearing Date, Local Law Amendin_g Zoning Map, Sterling
House of Ithaca 8 Sterling Cottage Development.
BE IT RESOLVED, the Town Board of the Town of Ithaca will conduct a public
hearing on June 8, 1998,. at 6:30 p. m. , at the Town Hall to consider enactment of a local law
amending the Town of Ithaca Zoning Map rezoning a portion of Tax Parcel No. 27441 . 2
located at the intersection of Trumansburg and Bundy Road, from R45 Residence District to
Special Land Use District (SLUD), in conjunction with the proposed Sterling House of Ithaca
& Sterling Cottage (formerly Woven Hearts) development; and be it further
RESOLVED, that the Town Clerk is hereby authorized and directed to prepare and
advertise such public hearing notice as required by law. .
MOVED: Supervisor Valentino, SECONDED: Councilman Klein. A vote on the resolution
resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye, Councilman
Klein, aye; Councilwoman Harrison, aye, Councilman Conley, aye, Councilman Wolf, aye.
Carried unanimously.
Agenda Item No. 18 - Grant Application, Tompkins County Soil and Water
Conservation District:
Daniel Walker, Director of Engineering - The Tompkins County Soil and Water Conservation
District has $35, 000 available to provide cost sharing for flood protection projects. The Town
has done a number of drainage projects, some of which are in place already, ( i . e.
Brandywine, Dewitt Pond , Christopher Lane) . There is another project in Eastern Heights on
TOWN BOARD MEETING PAGE 24 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Circle Lane that could be considered subject to erosion. These projects would allow
substantiation for the application to possibly receive $ 10, 000.
Mr. Noteboom and I will be preparing the application . The grant allows for a 50°x6 cost
sharing. . We already have the " in kind" services to offset the $ 10, 000 amount. There is no
guarantee the Town will be given the grant funding. The application deadline is June 15.
Councilman Klein - When will the decision of funding be made?
Director of Engineering Walker - Sometime in late June.
Highway Superintendent Noteboom - We will list each project for Storm Water Management
separately as applications.
Resolution No. 82 = Aiwroval of Grant Aaalication to Tomakins County Soil and Water
Conservation District:
WHEREAS, the Tompkins County Soil and Water Conservation District is offering
funding for flood water mitigation through a grant called Tompkins County 1998 Flood Hazard
Mitigation Program: and
WHEREAS, the funding through the said Tompkins County 1998 Flood Hazard
Mitigation Program is to be used primarily to minimize damages by future flood events; and
WHEREAS, the Tompkins County Soil and Water Conservation District will, after the
May 15, 1998 deadline, evaluate and make recommendations to the Tompkins County Board
of Representatives as to the final decision of funding through this grant; and
WHEREAS, the Highway Superintendent and the Town Engineer would like to make
application for this grant funding; now, therefore, be it
RESOLVED, the governing Town Board of the Town of Ithaca does hereby authorize
the Highway Superintendent and the Town Engineer to make application for grant funding
through the Tompkins County 1998 Flood Hazard Mitigation Program.
MOVED: Councilman Klein, SECONDED: Councilwoman Grigorov. A vote on the resolution
resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye; Councilman
Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye.
Motion carried unanimously.
Agenda Item No. 19 - Discussion, Mecklenburg Road Water Main :
TOWN BOARD MEETING PAGE 25 MAY 119 1998
APPROVED - APPROVED - APPROVED
Director of Engineering Walker - The construction of this project has been discussed at the
Public Works Committee meeting, and at the last Town Board Meeting . The preliminary
design was put together. The Mecklenburg Heights project is a driving force for this
construction. To serve the parcel , the contractor will have to build approximately 1200 to
1500 feet of water main, with an additional 700 feet, to connect to the City's main re-enforce
the loop. I have received a preliminary cost estimate of $205, 000. There has been
preliminary conversations with the City, but finalized details have not been submitted.
I 've found out some interesting information that what I thought was a nine inch water main
going across the whole field for the City was actually a four inch main. The City is talking
with the Fire Department because they had inadequate fire flow on Oakwood Lane and
Warren Place.
Supervisor Valentino - They also had pressure problems there.
Director of Engineering Walker - It is more of a fire flow problem because they have
adequate pressure. They do have surges. Currently, those properties in the City are served
by our Trumansburg Road water grid. This construction will provide a significant re-
enforcement to that grid for additional fire protection.
am going to see if we can get some money from the City for that final connection . This
may enter into our negotiations regarding transportation costs if we transmit water through
the City. That is all part of the on going evaluation .
I have not discussed the final design details or final cost amounts with Mr. Fennessey or any
representative from Conifer Real Estate. I had discussions with the engineer, and our
designs are compatible. The construction documents will be prepared within the next thirty
days to fit into the time frame of the developer. The developer's primary concern was that
the construction of this water main would be inconsistent with the completion of their project.
They do not want to delay occupancies. I will be bringing a full set of plans to the next Town
Board meeting , along with specifications for the Board to authorize the bidding.
Supervisor Valentino - What would be the Town's total cost if the City does not pay part of it?
Director of Engineering Walker - The Town's total cost will be approximately $ 125, 000 and
$150, 000 which is a high estimate. The developers have not submitted their, estimates of
what they are willing to contribute . Negotiations are ongoing, and Supervisor Valentino
should be involved. A meeting will be set up within the next week.
Supervisor Valentino - Is this be something the Town should be involved in?
Councilman Conley - It is well worth the opportunity. It would cost more if we do it later.
TOWN BOARD MEETING PAGE 26 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Director of Planning Kanter - The final site plans were submitted to the Planning Board for
their review. The plans will be considered at their June 2, 1998 meeting.
Supervisor Valentino - The board is ready to move ahead with this.
Agenda Item No. 20. Revisions to Agreement, City of Ithaca for Police Department
Jurisdiction on Town of Ithaca School District Properties.
Supervisor Valentino - .Peter Meskill , County Public Safety Committee held a meeting with
officials of the various police agencies. Mayor Cohen and the City Police Chief were unable
to attend . Since that meeting the Mayor and I have talked with the City Police and the State
Police.
The Mayor has talked with the Superintendent of Schools. They will be doing the D .A. R. E .
program . at no cost to Groton , or to us for the program at the Dewitt School . The other police
agencies have decided they do not have a problem with that because they do not have the
officers or the money to do provide the program . The Drug Awareness Resistance
Education ( D.A. R. E . ) program will go forward at no cost to the town.
I have researched some of the files when Ben Nichols was Mayor about the jurisdictional
problems. The police officers during the meeting mentioned there were no jurisdictional
problems. Police officers can take care of a problem outside of their jurisdiction. I
questioned that, because that was not my understanding. Can the police secure the scene?
Yes, they can do certain things. Can they be the actual arresting officers in a serious
situation? No, they cannot as far as I know. We still have those problems to resolve. We
are going to set up other meetings with different police officials.
The proposal is to have a community police officer at the schools on a regular basis to
interact with students. The best thing about the D .A. R. E program is that it helps stop drug
activity as young people get to know the friendly officers. Students actually talk to them
about problems they are dealing with. The officers handle them successfully. The school
district officials want a community officer in the Junior High . We are working with other
police agencies to try to get this into the school . The State Police troopers seem to be in
favor of that, but we still need to sort out the jurisdiction issues.
A news report today said there were " bomb scares" in the north country schools from
Syracuse to Skaneateles. There was also a bomb scare last Thursday at the Boynton
Middle School at 8: 05 a. m . . The school policy is to first call the Sheriff s Department. They
called the Sheriff at 8: 05 a. m. and 8: 17 a. m. . The. Sheriffs Department called the State
Police because they had no officers available to investigate . There was a twelve minute time
lapse before the call went to the State Police for them to respond. That afternoon there was
also a bomb scare at Dewitt School , and the building was evacuated .
TOWN BOARD MEETING PAGE 27 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Police officers have taken guns away from junior high students. The Cayuga Heights Police
Department and the Sheriffs Department have told me not to worry they can handle it, I do
not feel secure.
Councilman Klein - The Sheriff spoke "out of turn" , he really does not have the man power.
Supervisor Valentino - The Cayuga Heights Police Department is upset because they feel
we should contract with them. They are already contracting with the Sheriff to cover the
Northeast School , but they do not cover Dewitt. Dewitt is left on their own, along with the
Boynton Middle School to some extent.
Councilman Klein - Could Cayuga Heights Police provide coverage for a lesser cost than the
Sheriff?
Supervisor Valentino - We asked if they had any problems with this. They mentioned they
did not have any jurisdictional problems, but it was clear they did as the meeting
progressed .
I asked if they were bothered by this contract? Cayuga Heights responded, yes. The Town
is spending $ 19, 000 for those services to be provided by the City. I asked if they could
provide these services for less . They said they did not have enough officers to provide those
services.
Councilwoman Grigorov - Did this all start because we wanted to trade land with the City?
They wanted to annex that part of the Town of Ithaca, and we were not willing to do that.
When Mr. Kanter and I looked at the maps, it separated one part of the Town from another.
It did not seem to be in the . best interest of the Town to do that. It seemed the simplest
answer was to contract with the City Police Department and give them the jurisdictional
authority.
Supervisor Valentino - The negotiating has a long way to go. It is one of those things that
seem simple on the surface, but the more you look into it, the deeper the problem becomes.
The State Police mentioned that if they do not get enough calls the State cuts back on their
service. What started out to be a simple straight forward matter has turned into a huge
problem .
Councilman Conley - Is the City the only municipality who. has the D. A. R. E . program?
Supervisor Valentino - No, the State Police have a D .A. R. E. program . They have three
officers for their whole area. The Sheriffs Department has the D.A. R. E . program in a couple
of schools, but there is not enough man power. The D .A. R. E. program issue was resolved,
all were perfectly happy to let the City handle it.
TOWN BOARD MEETING PAGE 28 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Councilman Conley - The biggest benefit of the D .A. R. E . program is the contact between
police officers and children . It keeps them from getting involved in drugs, and teaches the
children the dangers of drugs. There are so many children who respect the police officers. I
think it is a great program .
Supervisor Valentino - The program is in all of the schools now.
Councilwoman Grigorov - We also need to wont' about the guns.
Supervisor Valentino - The D. A. R. E . program is the simplest part. When you have thirteen
and fourteen year old children being found with guns in the junior high schools your problem
is much more serious than whose feelings are hurt over jurisdictions. I intend to keep
pursuing this with the Town Board's support.
Agenda Item No. 15. Authonazation to Pursue Grant Applications Under the State's
Clean Water/Clean Air Bond Act, and/or the Federal Farmland Protection Program to
Consider implementation of a Purchase of Development Rights Program.
Director . of Planning Kanter - The materials were in the Board's packets describing the
Federal Farmland Protection Program grant. Since the adoption of the Park, Recreation ,
and Open Space Plan in December, we have been starting to think about how to set up the
Development Rights Program . The Development Rights Program seems to be of interest
and one that will take a lot of work. Assistant Town Planner George Frantz has been
working diligently to gather preliminary information for the Town Board to review. He had a
meeting with the Agriculture Committee on May 4, 1998. They discussed draft criteria for
prioritizing and identifying Purchase of Development Rights for properties.
We would like to get some direction from the Town Board as to what we should pursue in
grant monies under the Federal Program . There is a Clean Water/Clean Air Bond Act, but
that has an application deadline of June 3, 1998. The Federal Grant deadline of June 18,
1998, gives us an opportunity to do a more research and to review properties with willing
owners who wish to consider negotiating a Purchase of Development Rights Program .
The proposal is in the adoptive Park and Open Space Plan , but we do not have a Purchase
of Development Rights Program in place yet. We have a lot of preliminary information . to go
through to actually, set up some criteria priority rankings the Board will be happy with. The
Town Board could possibly enact a local law that will say exactly what this program will be
and how it will work. Nonetheless , we have an opportunity to receive some existing Federal
money.
Assistant Town Planner George Frantz - There are a number of programs across the
country that have been up and running for twenty years. We can take .their ideas and modify
them to fit specific conditions in the Town of Ithaca. Many programs use a point system to
TOWN BOARD MEETING PAGE 29 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
rank Purchase of Development Rights candidate parcels. . Points are awarded for meeting
specific criteria. The Planning Department has drafted , a set of criteria. The last week of
April , we randomly selected eight farmland tracts to apply the criteria to. The criteria
appears to work well with modifications.
We sent notices to thirty-six owners of farmland in the Town of Ithaca. They are . a
combination of farmers and farm land owners that rent their land . There were approximately
twenty people at the Agriculture Committee meeting when this was discussed .
There was support for the criteria with the outlined changes that were made. The farmers
felt a bias towards the larger farms and away from the smaller farms. Looking at the criteria
the ranking was becoming apparent that way. We should be giving fewer points for larger
farmland tracts and giving a few more points to the farmland tracts at the smaller . end of the
scale. We are finding there are smaller farms of twenty to thirty acres that do not get a lot of
points . They are too small to qualify for the participation in the County's Agricultural
Assessments District Program which means they lose automatically fifteen points in ranking .
We need to do something better to reflect the fact that a lot of our farms are actually fairly
small in the Town of Ithaca .
Supervisor Valentino - It will affect the saving of farmland if we treat the small farms equally
with the large farms. There is some advantage to having large tracts of space.
Assistant Town Planner Frantz - We will not be treating them equally. We should give less
bias towards the larger farms .
Director of Planning Kanter - For instance, if a smaller parcel had the best agricultural soils
in the whole Town we would not want to automatically exclude it.
Supervisor Valentino - Would we automatically exclude it?
Assistant Town Planner Frantz - No, but it would not be as competitive in the ranking
process.
Councilwoman Harrison - One of our purposes is to preserve agricultural lands for open
space and the views. There could be a twenty-five acre tract that might not be contiguous
with the general agricultural lands, but would still be highly desirable. I had mixed feelings
about the clustering potential . There are extra points given if you are adjacent to an already
protected parcel . On the other hand , this does not spread the benefits Townwide in terms of
Open Space, and other kinds of benefits.
Assistant Town. Planner Frantz - At this point everyone would start out at zero points .
TOWN BOARD MEETING PAGE 30 MAY 11 , 1998
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Councilwoman Harrison - Everyone would now, but I am not sure about the future to
concentrate it all in one place.
Assistant Town Planner Frantz - That is a good point. It is tough to say right now how that
particular variable is going to affect applications. For instance, we have five tracts that we
may negotiate with owners this year. They are actually spread out, so we would be, creating
three nodes of protected lands that are not contiguous. The people around them would get
points. It is tough to say in the long run how things will work out.
Councilwoman Harrison - I want the criteria. I am really excited about how things are going.
The criteria would end up being part of a local law?
Director of Planning Kanter We may have additional rules and regulations. For instance,
we would want to make sure it is clearly stated in regards to implementation by the board
that. would initiate a local law and administer it.
Assistant Town Planner Frantz - Another very good argument coming from the Agricultural
Committee was under the stewardship to include farms that are certified by the National
Organic Farmers Association . This will also help some of the very small farmers because
they are organic, tend to be very small operations, and have very small acreage . Where
they lose in size, they can still gain by adhering to the standards of the National Organic
Farmers Association . The three organic farms in the town can participate in the County's
Agricultural Assessment Program because the organic operation is part of a much larger
farm . This will help the organic farmers in the Town .
The `reaction of the Agriculture Committee and the farm community in general was cautious
optimism . The Agriculture Committee was not ready to adopt the criteria at their meeting, but
recommended that the Town move forward if there are farmers interested in selling
development rights this year. We may be able to get those properties signed on before the
grant application deadline. The farm community is very interested in this program, and are
waiting to see what will happen , but this will take approximately thirty-six meetings to
approach this program with owners. The program has to be approached as a "one on one"
situation , over the next several months. Once the farmers understand what it means. for
them , their options under the program , they would be more interested .
Councilman Klein - Once the Purchase of Developments Rights are purchased , does that
basically put the farm or farming tract on time lines?
Assistant Town Planner Frantz —These would be perpetual easements that would limit use of
the land to agricultural uses or open space. There are no rights left on the land to develop it.
Councilman Klein - If they go out of business could they sell the farm or a large tract?
TOWN BOARD MEETING PAGE 31 MAY 11 , 1998
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Assistant Town Planner Frantz - That is correct. There would be no development rights left
for the land.
Councilman Klein - Does this go along with the Zoning Ordinance, or are we dealing
subdividing farm tracts?
Assistant Town Planner Frantz - I don't know if it needs to go along with the Zoning
Ordinance, but it will be interesting to monitor and track the program that has to be set up in
terms of which properties are affected . The question of where lands are going to zoned
agriculturally enters this discussion as .to, what Codes and Ordinances will be looking at this
year. What you will be seeing is the criteria system taking into account whether the property
is zoned agricultural or not. Right now our definition of an agricultural zone is probably
different from what it is going to be by the end of this year or whenever we revise the Zoning
Ordinance. We need to have some kind of referencing system within the zoning, but it could
be part of the program implementation to clearly flag properties that have easements.
Councilman Klein - If an owner had a hundred acre parcel that the . rights were sold would be
perpetual easement. That owner could sell the entire track, but could he split it further?
Assistant Town Planner Frantz - That is not what the easement is saying . It deals with actual
development of the property, not the subdivision rights. The parcels could be sold .
Councilwoman Harrison - It can be subdivided , but they cannot construct a house on it.
Councilman Klein - Could they subdivide strictly for farm purposes or non developmental
purposes?
Director of Planning Kanter - Yes. This addresses the issues that the Codes and Ordinances
Committee talked about . in terms of agricultural zone, and how small the parcel can be
subdivided . This is not what the easement deals with , but it still needs to be discussed at
the Codes and Ordinances Committee.
Assistant Town Planner Frantz - At this point we have approximately four farmland owners
who may be interested in selling to the town for agricultural conservation easements. If we
start negotiating now, it may take until the end of the year to close on any easement.
The Federal Grant Application does not need the easement language for the application
process at this point. According to Natural Resources Conservation Service ( NRCS) staff,
the Town has to make a bon-a-fide offer that we would pay "X" dollars for development rights
for land pending formal appraisal .
Councilwoman Harrison - You must have done some negotiating with the dollar value before
applying?
TOWN BOARD MEETING PAGE 32 MAY 11 , 1998
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Assistant Town Planner Frantz - There is a very short time frame.
Councilwoman Harrison - What are the dates for the Federal dollars and the State dollars?
Councilman Klein - The Federal dollars deadline date is June 18, and the State dollars
deadline date is June 3.
Councilwoman Harrison - What percentage is the Federal grant?
Assistant Town Planner Frantz - The Federal grant is a fifty percent matching grant. The
Federal Grant Program is in its second . year of a two year program . The State Grant
Program has another three years.
Councilwoman Harrison - Is the State grant an annual one?
Assistant Town Planner Frantz - Yes, it is part of the Clean Water/Clean Air Bond Act.
Councilwoman Harrison - The State has similar requirements. Do you need to negotiate a
price?
Assistant Town Planner Frantz - The State requirements are actually a little more rigid .
Supervisor Valentino - How much money are we going to need to fund this program it all
comes together?
Assistant Town Planner Frantz - When the Board adopted the 1998 Budget, they allocated
$50, 000 for this program . There is a total of five parcels of land with approcimately 320
acres. The estimates of the development rights value is based on the County's Agricultural
District Program because the land is assessed at agricultural values . The County
Assessment Department estimates the value of the agricultural land . We simply take the full
market value in the assessment role, and do some subtraction . The total cost would be
approximately $ 1 , 000 an acre.
Councilwoman Harrison - What would be the total cost if all five of the farm owners
participated?
Assistant Town Planner Frantz - Approximately $3201000.00.
Councilwoman Harrison - In your discussions with the Agricultural Committee, did that kind
of dollar value seem low to them?
TOWN BOARD MEETING PAGE 33 MAY 11 , 1998
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Assistant Town Planner Frantz - Yes, but we were talking during the development of the plan
of paying approximately $800. 00 to $900. 00 an acre. The $ 1000 per acre is slightly higher,
but one of the parties is interested because with this program they may be able to acquire a
70 acre tract from another farmer. They see it as a way to increase their acreage.
Councilman Klein - We are only buying the development rights, so they can still use it to
make money.
Director of Planning Kanter - . They own it, control it, and can keep other people off it if they
want to,
Assistant Town Planner Frantz - It is a way to reduce the price of the farm land by
approximately forty or fifty percent.
Director of Planning Kanter - We are asking to be able to start talking with some of the
farmers and landowners to see if we can actually work out some preliminary possibilities for
the grant.
Supervisor Valentino - Will we need to secure bonding to pay for this?
Director of Planning Kanter - We can , but we do not have to. It is really a budget item . We
Ml need to 'get more figures for the upcoming year's budget. We have $50, 000 allocated
now f
, If we . nd out we are likely to get the grant, we will have to make . some decisions on
howto go about raising the towns matching amount.
Supervisor Valentino - It is probably unlikely that all the farm owners would participate. We
do not have budget worries for next .year, and we have $50, 000 to start with.
Town Budget Officer Carvill - If we receive fifty percent of that in a matching grant, at the
present we would be over $21 , 000 of prior year's planning and review application work. The
projects have been finished and the Town is entitled to those monies. We have brought that
into the fund . We need a resolution to add those additional revenues to this reserve.
Supervisor Valentino - The $ 160, 000 is the maximum we would have to expect, and I doubt
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that we would expect it. If we get to $50, 000 or $70, 000 this year, I will be surprised .
Assistant Town Planner Frantz - Do you want to talk about an installment program?
Attorney Barney - I do not think it can be done in New York.
Assistant Town Planner Frantz - Two months ago, I attended a seminar by Mr. Daniel
O' Connell . Two or three years ago he worked with the New York State Legislature to make
this approach legal in New York State.
TOWN BOARD MEETING PAGE 34 MAY 11 , ' 1998
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. Attorney Barney - The Constitution has a bonding ,prohibition against municipal governments
entering into arrangements where the principle paid in any one year is greater than double
the principle paid in any subsequent year or vice versa. It is hard to keep this type of project
from happening when someone says " bond" , and we will pay it off thirty years from now. You
are . required to pay principles each year and each year the fiscal payment must never be
less than fifty percent of the subsequent year. They recently changed that law to allow
typical mortgage payments, including interest, that results in a disperse principal .
Director, of Planning Kanter - We showed a bonding approach for comparative figures on the
last page.
Supervisor Valentino - At this point you are just looking for the Town Board to say go for it?
Agenda Item No. 16a. - Ratification of Cancellation of the May 7, Special Town Board
Meeting, Proposed Rezoning East Shore Drive, Comell University Lake Source Cooling-
Project:
Supervisor Valentino - The Town Board received a letter regarding some revisions .. signed by
Henry Doucy. I was not at . the Town Board meeting where the idea of , the over sight .
committee was discussed. Based on my information received from the committee, it is my
understanding that the Town of Ithaca Supervisor will choose a designator to serve on the
committee being formed by the County.
Councilwoman Harrison - Would such a committee be open to the public?
Supervisor Valentino - "Yes. °
Councilwoman Harrison - Would anyone from the public be free to go to that meeting if they
wanted to?
Supervisor Valentino - The County Committee would not be open?
Lanny Joyce - We talked about going to an EMC meeting annually. This group is not
intended to be open to any body who wants to come.
Supervisor Valentino - The public involvement would be through a meeting once a year. We
came to an agreement with Cornell for hiring this consultant and their willingness to pay an
amount not to exceed $50, 000 over five years for consultants to look at the data and give, an
analysis. It would be an independent analysis. The consultant would be someone the Town
would hire . Cornell would pay, and we could set up any kind of committee we want amongst
ourselves to work with that consultant.
TOWN BOARD MEETING PAGE 35 . MAY 11 , 1998
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Councilwoman Harrison - If the committee is not being formed by the County, but rather as
discussion group, why are we urging the County to do anything?
Attorney Barney The letter from Cornell was in response to issues raised by the Tompkins
County Environmental Council . Cornell's letter of April 23, 1998 was an effort to respond to
those concerns .
Councilwoman Harrison - 1 understand it has been superseded by these other letters.
Attorney Barney - It had not been superseded until we received the letter today. The letter is
saying , our offer and Cornell's offer of April 23, 1998 to have this group meet ', with three
people from the County EMC and the Technical Committee be expanded to add a fourth
member.
Councilwoman Harrison - If Cornell is setting up the discussion group, then Cornell would tell
us to appoint someone to the discussion group. The County has nothing to do with , that. If it
is the County setting up a discussion group, then the County can be urged to do it.
Attorney Barney - The County has some input in the issue because they have talked about
financing this project through the Industrial Development Agency (IDA) . This was, I think an
effort to ameliorate those concerns that were raised by the Tompkins County. So when they
say they are requesting the County, this approval has to be set up by an agreement with
everyone involved . Principally, the County, Cornell University, and now us.
Lanny Joyce - The County asked us to set up the group for them . We chose together who
was going to be there. They did not choose you to be there. You have invited yourselves
and we are going to ask if that is all right. We assume they will agree. Mr. Cope was at the
meeting and it sounded as if they were in agreement, but they do not have the official word
from EMC that this meets what the EMC wants to do, not the County. It is important to
recognize that it was the EMC that was interested in this, not the County.
Director of Planning Kanter - Suppose the Board of Representatives were interested enough
in this to establish this committee, would that fit into this scenario?
Councilwoman Grigorov - ,Why would they be involved?
Director of Planning Kanter - They are already involved because one of the representatives
is from the County Board . They are also involved in the IDA funding . They certainly are
interested in this process. The only question is whether they are interested enough to make.
it a standing county committee.
Councilwoman Harrison - I think Cornell is looking at it as their discussion group. It serves
the needs of the EMC, the County, and the Town .
TOWN BOARD MEETING PAGE 36 MAY 11 , 1998
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Attorney Barney - People representing those governmental agencies should review with
Cornell what their data is showing , and how they are going to keep us abreast of the current
developments. The thought was that it was not going to be a public forum where you would
have a number of people converging and asking questions, or making emotional appeals. It
should be an intellectual exercise to review what is going . on and how it is functioning . Then
those responsible people can report back to their respective legislative bodies.
Councilwoman Grigorov - It might help reassure the public that there is going to be some
kind of continual information provided.
Councilwoman Harrison - I understand the goals, the purposes, it all makes sense to me. I ' m
just confused as to the mechanics of the process.
Attorney Barney - It is presumed it is going to be an agreement between Cornell , the County
EMC , and the Town of Ithaca if we choose to participate and the other two parties allow our
participation . Cornell had some reservations about putting a town representative on the
committee, as they pointed out quite accurately, because we are only one of several
municipalities that are involved in this entire project. If the Town of Ithaca is entitled to a
representative, then the other municipalities will question their participation . Our response is
that the biggest single piece of this project is in the Town of Ithaca , and we have probably
the most significant permitting approval aspect of it in terms of the rezoning. I think everyone
is pretty much in agreement with the proposal as it is stated here. Although , I don't think we
really want to urge Tompkins County, we just wanted to ask.
Supervisor Valentino - Then we move onto the second aspect, the hiring of the consultant
and Cornell paying for that consultant, not to exceed $50, 000 per year. The letter has some
changes to it also. The changes are at the bottom of the first page, where it says " not to
exceed the $50 , 000 for the town to hire" the word qualified is in the original , Cornell took that
out. It says to " hire a scientist consultant. " Then consultants role would be to examine any
collected data. Which means not only Cornell' s data, but if we found data from another
source that we wanted this consultant to evaluate, it would allow that to be included.
Councilwoman Harrison - Are the reasonable intervals still included?
Supervisor Valentino - They took that out.
Councilwoman Harrison - I think that is to our advantage, because it is up to us to decide
what is reasonable.
Supervisor Valentino - The changing in funding reads, " Cornell will provide $20, 000 to be
held in escrow by the town. It will be made available to the town after issuance of the
various town permits and approvals, but before receiving the certificate of occupancy for the
TOWN BOARD MEETING PAGE 37 MAY 11 , 1998
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heat exchange facility. The town may pay the consultant from the escrow, then submit to
Cornell a copy of any invoice it has paid for such consultant. Cornell will reimburse the town
within thirty days of receipt of the invoice to maintain the escrow at $20, 000. Once total
consultant expenses exceed $30, 000, the town will deduct from future invoice, from the
escrow until the five year period expires or until the escrow account is consumed. At the end
of the five year period , all accrued interest on the escrow account and any remaining
unexpended balance will be returned to Cornell . " That is how it reads now.
Attorney Barney - Some of the changes were made because of some concerns Supervisor
Valentino and I talked about. I expressed them to Shirley Egan . I still have some concerns
about the language . relating to the consultant's role. It seems that the function is for the town
to have a consultant to investigate whatever the town feels appropriate. Not that it
necessarily be limited solely to collected data. For example, to examine if there ought to be
other data collected, to examine whether the process of collecting the data is meeting
scientific standards, and to advise the town . I would like an opportunity to broaden that. I 've
talked to Shirley Egan to explain this consultant is not simply a reviewer of data.
Director of Planning Kanter - The only thing we can do with the information from the
consultant is take it to the New York State Department of Environmental Conservation or the
public. If Cornell were not cooperative we would have no enforcement mechanism.
Attorney Barney - Circumstances come to mind where that would not be case. If the data
indicates Cornell is violating its SPDES Permit, I am not sure we could serve a claim .
Generally the most appropriate approach , if Cornell did not agree there is a problem and
does not take steps to rectify, would be to go to the EMC and say there was a problem. We
do not have legal authority once we rezone .
Supervisor Valentino - What does the Board think about what we have worked on to this
point?
Councilman Wolff - I am not sure it is going to satisfy the local critics.
Supervisor Valentino - Nothing is going to satisfy the local critics. We have to decide
ourselves.
Councilman Klein - If you recall , we went into the meeting following the Town Board meeting
with the suggestion of a three person panel . Through discussions we decided on the
independent consultant. I am satisfied that it does give . us some independent evaluation of
whether the project is performing as expected.
Councilman Wolff - Things need to be clear to the public. There is a notion that if there are
findings showing there has been an adverse affect on the lake that the appropriate party of
Cornell will ' actually respond and changes will be made.
TOWN BOARD MEETING PAGE 38 MAY 11 , 1998
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Councilwoman Grigorov That is not actually part of it. It says it would not direct the LSC
monitoring or its outcome. It would provide us with information .
Councilwoman Harrison - We are talking about issues independent of this. Mr. Wolff, what
are you thinking of?
Councilman Wolff - I do not have any specific thoughts in mind . I am just thinking that would
be something in conjunction with something like this.
Councilwoman Grigorov - I think we should think more of whether this is going to be actually
affected from what we want than satisfying someone who is going to be hostile no matter
what.
Councilman Wolff - To a large extent I think that is true . We give up the right to have any
authority.
Councilwoman Harrison - I think there are two aspects . One is responding to ` anticipated
public demands. The other, which I think is more legitimate, will there be an indication of
some kind of unforeseen negative impact. What is the commitment to remedy them? I don't
know what you can look for in that. I think that what John Barney was saying can happen, if
there is a . violation of the SPDES permit there are enforcement issues. The reality is when
you ; spend a million dollars on hardware and a whole system you may discover some
problems.
I think it is important that . there is some ability, which does not exist through_ our own
expertise, to have someone look at these things. I believe there will be a lot of people
looking at the results of this project regardless of what we do. But I think it makes sense for
us to do that. I don't know that there is anything that we can all look at and anticipate from
the beginning .
Councilwoman Russell - Maybe Mr. Joyce can discuss any conditions built into the SPDES
permit.
Lanny. Joyce - The permit does have a lot of complexity written into it. It is very unique. The
New York State Department of Environmental Conservation was very careful to write in a
huge amount of monitoring of the lake and the plant to make sure impacts could be seen
from taking data. In addition, the resource protection plan requires us to go into the water
sheds of Cayuga Lake to do work. If the project has an unforeseen problem or a . foreseen
problem that we don't believe will ever get big, we have to be able to do things like retrofit a
screen to the intake to prevent fish from coming in . We have to be able to retrofit a Shallow
Water (T) on the intake to bring water in from a shallow . depth in the winter. When shallow
water is used for cooling , that would also be screened .
TOWN BOARD MEETING PAGE 39 MAY 11 , 1998
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Finally we had to be able to extend the outfall if that were proven to be necessary. If the
data says the outfall should be in a different location we will , together with the New York
State Department of Environmental Conservation , re-evaluate the location of the outfall .
The New York State Department of Environmental Conservation has looked very closely at
the Environmental Impact Statement and the process we have gone through . They will
continue to look very closely at the data we will be taking and reporting to them each month
during the year: If the data shows something that is of a concern , then we will have to look
at those concerns and make any changes needed. The New York State Department of
Environmental Conservation has the venerable charge of protecting the resources.
Councilman Klein - Does this Town Board , or our citizens have a right to go to court against
the New York State Department of Environmental Conservation?
Attorney Barney - I suspect you would have that opportunity, either as the Town of Ithaca or
the Town Board to take that position . The town is clearly a governing agency. Perhaps
individual residents might have to show how they were aggrieved . In other words , if you do
not live on the lake it might be difficult to assert a claim .
Councilman Klein - Jonathan at the meeting we went to you showed me part of that SPDES
permit. I had not seen that before, it struck me that there are a lot of conditions in. it. I' m not
sure the public has seen it. If you read it , you see it is some thing that hasn't been issued
casually. There seems to be a lot of monitoring requirements and stipulations in terms of
compliance.
Lanny Joyce - That was mailed to every person who made a comment at the hearings or in
writing .
Director of Planning Kanter - There are data measurement requirements for all kinds of
things; dissolved oxygen, pH levels, temperature readings, different times of the year. It is
all there: Any Town Board member who wonders what is there and hasn't seen it may
receive a copy from my office.
Councilwoman Russell - I am unclear about Page 2 , the last sentence in the top paragraph ,
"The intent of this consultant review is not to direct the LSC monitoring" . I am not quite sure
what is meant by that.
Attorney Barney - I think it means 'the town does not regulate the inflow and outflow plan .
We regulate whether they can . build it there or not. The fact that we have an expert looking
at it, does not give us authority. Cornell wants to make very clear that we understand having
the expert does not give us authority to write them to say, for example, they shall reduce the
amount of water, or you shall take this action, or that action . We are not empowered to do
TOWN BOARD MEETING PAGE 40 MAY 11 , 1998
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that. We are empowered to - use the information we have for legal purposes, or to take it to
the New York State Department of Environmental Conservation and use it to pursue
problems.
Councilwoman Harrison - So it is our intent to influence the outcome.
Attorney Barney - There may be better ways to say it. We do not directly have authority, and
by consenting to have this consultant, they are not delegating us any authority.
Supervisor Valentino - I think- we have a few things from the letter we'd like to work on. I
think the town might also request that the consultant also collect data.
Councilwoman Harrison - The consultant will do what is necessary in order to evaluate the
impact of Lake Source Cooling .
Supervisor Valentino - We need to work on that, but I think we can have some arrangement
with Cornell . Are we willing to try to schedule a new public hearing? I want us to be
comfortable. This is a difficult issue because there is tremendous public pressure being
placed on all of us . I think regardless of what the public comes in here to say, we as a group
have to feel comfortable enough to schedule this public hearing and make a decision .
Attorney Barney - Can I just amplify it slightly? Just having sat through two of the public
hearings, there is a number of people who are very emotional about this issue. Perhaps with
good reason or not, but they tend to speak at some length and quite emotionally. I think you
would probably want to avoid having to go through the process more than once. Which
means, you should be fairly satisfied , subject to what the public says, with the content and
the language in this Special Land Use District before holding the public hearing . You should
also feel comfortable with the contents of the agreement and the other aspects of the project,
the park set a side, and this letter.
Supervisor Valentino - Why don't we discuss a good date for the public hearing.
Councilwoman Grigorov - But, all of these agreements need do be finalized .
Attorney Barney - I think the park set-a-side is pretty much finalized . We should check and
make sure we have everything together. I am emphasizing , I hope that all the board
members are satisfied as much as possible with the public hearing , the language of the
Special Land Use District, and the agreements. Being present at these public hearings, in
all candor, has not been a pleasant experience because of all the emotions involved . It is
probably only the third or fourth time in my life I have been called a "sleazy lawyer" . I just
wanted to explain what you may hear. For every ones sanity it is probably better to try and
to set the public hearing for one occasion .
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TOWN BOARD MEETING PAGE 41 MAY 11 , 1998
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Supervisor Valentino - It is not good for a persons emotional . well being to keep revisiting
this. I think it is just better to have one public hearing if at all possible.
Attorney Barney - There is a substantial change in the Special Land Use District language to
come through the process again . All the board members need to understand it and take a
good look at, let me know if there is some thing we need to change. If we change it after the
public hearing , we would have to hold another public hearing .
Councilwoman Harrison. - We know from the past public hearings , the information in the
newspapers, public access television , constituent letters what some of the issues and
concerns are. That doesn't mean we won't hear additional concerns at the public hearing .
I personally feel confident enough in the Cornell professors who were heavily involved in the
review of this. I happen to know these people, their expertise and their integrity. I can
certainly see where Mrs. Higgins would have a different outlook. She doesn't . happen to
know these people. She is appalled that the EIS comes from Cornell , but that is the way the
whole process always works. That is the system . It does have flaws as a system , I've
certainly been in Mrs. Higgins position and looked at an EIS and felt it was a self serving
document. I understand , to some extent, the misgivings of the process.
I ' m probably the person on the Town Board who is most like an environmental scientist.
There is no way I can review that and have a real sense about all of this like the scientists
who specialize in this field . I don't really know the answers. Again, I think the idea of an
independent analysis is : important, but I feel the committee set up by the Center for the
Environment provided that kind of independent analysis. Yes, they work for Cornell , but
they have a lot of expertise. There are many Comell employees who take on the University
Cornell in many ways. Given that, I feel there has been an independent analysis by experts
that we couldn't hope to duplicate. I feel it is important that the board agree with that, and if
the board doesn't, then now is the time for us to try to find someone to perform another
analysis before we have a public hearing .
One of the issue raised by people is the consideration of alternatives. The. alternatives are
not documented well in the EIS . The draft EIS went into more detail than the final impact
statement. That is not something that would be looked at if we hired an expert, that has
nothing to do with lake impacts. It is energy, and basic alternative issues . I assume that it is
something that will be raised as a question to us .
Supervisor Valentino - So you feel the alternatives have been covered .
Councilwoman Harrison - Reasonably. I would like to ask Mr. Joyce his opinion about them.
How comfortable is he with the documentation that exists?
TOWN BOARD MEETING PAGE 42 MAY 11 , 1998
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Lanny Joyce - In 1994, when we began the process of looking at Lake Source Cooling , we
had a parallel process of looking at all the available technologies referred to as conventional
alternatives. So even though they were considered conventional alternatives, we looked at
some pretty unconventional things. That is part of the reason Lake Source Cooling came out
as an idea. We don't just look at what plain solutions there are, we look at everything . The
alternatives that have been recently talked about are things that are absolutely part of the
mix of things looked at. In fact, early in our study of alternatives NYSEG participated and
funded some of the early work because they wanted to make sure we were giving the electric
motor driven alternatives a fair assessment.
We have an operating system that has won international awards for energy conservation and
innovative design . We know how to build "chiller' plants. We do know about those
technologies and we keep track of what is happening in the world of energy production and
cooling. Two things that have gotten a lot of attention in letters to the editor are ground
source cooling , and gas fired co-generation. I can try to do a quick explanation of those
since you probably hear about them from others.
The. ground source cooling idea is where you still use a refrigeration system , much like we
have now. Only instead of rejecting the heat to the air through a cooling tower, which is what
we do in our plants, you reject the heat to the ground from the refrigeration system . So
ground water alone is not cold enough to provide air conditioning. It is 55 to 60 degrees
depending on where you are in the water table. The refrigeration system will run water
through the hot side of the refrigeration system , much like we do now, but instead it would be
ground water.
We drilled wells in the ground and brought up about thirty thousand gallons of lake water per
minute. Water runs through your refrigeration system , through the hot side to get rid of the
heat. Now you have to do something with that water, you cannot put it in the storm sewer, or
in the creek; you have to inject it back into the ground. Can you imagine trying to get thirty
thousand gallons per minute of well water, drilled , up off campus. After that you have to put
it back into the ground again with injection wells. That kind of cooling really does not make
technical sense. It would cost almost as much as Lake Source Cooling , and much more than
chillers. It would only use a little bit less of electricity than chillers, because you are using
cooler water to get rid of the heat from the refrigeration cycle. You still have the refrigeration
cycle and some refrigerant that you have to deal with .
The other form of ground source cooling is done more typically in residential situations.
NYSEG had promoted that type for residential use. It is promoted in the environmental law.
That is where a single home owner drills wells into the ground , or digs huge trenches on
their property and lays a closed loop of plastic piping . Water flow that is going through the
hot side of the refrigeration system stays inside that plastic tubing . The heat gets transferred
to the ground just by ground water being around the outside of the plastic tubing . In those
cases you have one half of a mile of tubing for a residential system. Can you imagine how
TOWN BOARD MEETING PAGE 43 MAY 11 , 1998
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many miles Cornell would have? There would be an absolute field of wells or trenches, and
plastic tubing in .the ground . Again , technically it just does not make sense to have that size
scale up to a campus. Both of those technologies would be totally unique. No one has ever
tried to scale them up to that size, it would not make sense to do that.
Supervisor Valentino - How well is that documented in what the public has seen?
Lanny Joyce - It is documented in the response to comments in the public comment section .
Councilman Klein - I think the complaints are focusing on the alternative section of SEAR.
Lanny Joyce - That specific alternative seems to be a real focus to only few a people. The
other alternatives were looked at exhaustively. We looked very hard at all the engineering
alternatives, but it doesn't make sense to put a lot of technical information in them . It was
very important when we developed the scope of this document, that was done publicly, we
did it with input from the community. We focused very much in the EIS on the lake impact,
and did not try to load the Environmental Impact Statement with a lot of information about the
engineering alternatives.
We looked at all sorts of different conventional chiller technologies, screened those
technologies and zeroed in on what is referred to as the base case in the Environmental
Impact Statement. We described that as a combination of electric motor driven chillers. We
talked about what that would be, using cooling towers, and building more chill water plants
on campus because there is no room to house more chillers in our existing plant. We have
to build new buildings, it is described in the alternatives section . Does the EIS have a lot of
engineering studies in there, no, it does not.
Councilwoman Harrison - Those alternative studies have been done, they are just not in the
EIS , they are on a shelf in your office?
Lanny Joyce - Yes , I those could have been in the EIS, but then you really getting into a lot
of engineering that is necessary to study those alternatives which are difficult to explain in
simpler terms. Frankly, the technologies that make sense for Cornell are specific to us
because of the load profiles of our different electric, heating, and cooling use. We had to do
a complicated analysis of all utility needs to see what was the right fit for the base case.
Councilman Klein - What about all the pumping . The pumps are all down at the lake, and
you will be pumping two miles up hill . There will be a need for huge power driven motors to
push the water up hill .
Lanny Joyce - There is just about the same power driven pump energy in the Lake Source
Cooling design as there is now to circulate water. One interesting thing about Lake Source
TOWN BOARD MEETING PAGE 44 MAY 11 , 1998
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Cooling is we will be able to use large diameter pipes which have a lower pressure drop
because they produce a slower flow rate of water into the campus to feed out into the
existing distribution system.
Now we have plants on the perimeter which feed into the middle, so we are reversing the
way the water flows into the system . We did not end up with any significant change in the
amount of pumping . it takes to get the water to the loads . That is the beauty of a closed loop
of piping between us and the lake shore. All we have to do is move the water through the
pipe, we do not have to lift it up the hill . The water coming down the hill pushes the water
going up the hill . Because it is a closed loop we do not have to lift it from the lake shore
elevation up to campus. We just have to move it around in a circle and over come friction. If
we were to pump the lake water up to campus, then we would be lifting it the whole way and
it would require huge power driven motors for that. They will be large pumps, but they won't
be any bigger than what we have now in aggregating on campus.
Gas fire co-generation was mentioned in a letter to the town and letters to the editor. Co-
generation is something we do know. The definition is generating by burning a fuel . We are
burning fuel to heat the campus. We make steam for heating the buildings. Almost all the
steam made in the heating plant, which is about a billion pounds annually, is generating
electricity on its way out to the buildings. We currently co-generate fifteen percent of our
campus electricity use. People did not realize that when they wrote those letters, but it is
stated clearly in the EIS. We have a variety of technologies already in use to be an energy
efficient and cost effective business operation supporting the University's mission .
Co-generation is a cost effective mix. It is something we will continue to look at in the future,
but it is a different decision from Lake Source Cooling . It is just another way to make
electricity. It is a whole different decision than whether or not you eliminate electric use.
That is what we are talking about with Lake Source Cooling . It will drop by eighty percent,
you can't do that with any other form of energy generation .
Supervisor Valentino - During a public hearing we usually listen to what people have to say
and write down our questions, even if we know the answers to some of them , so that people
hear those issues.
Councilwoman Russell - One comment I have heard is that there is not good base line data
on the lake. The data being used is old data . Could you respond to that?
Lanny Joyce - Cayuga Lake is a well studied lake and with lots of data from the different
research projects which occurred through the years. We have probably created the most
new data in the last three years of the studies for the Environmental Impact Statement.
There is not as much research activity now as there was in the 1960's, 1970's, and early
1980' s. Cayuga Lake is certainly changing because of the pressures placed on it. We
TOWN BOARD MEETING PAGE 45 MAY 11 , 1998
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created a lot of good data on the lake that can serve as a base line. We will be taking some
additional data before the plant comes online to supplement what we have. Then at the
beginning, there will be at least four years of data when the plant comes on line. There will
be a great deal of base line data.
Councilman Klein - You are taking that data now?
Lanny Joyce - We have not started yet this year but we plan to, and we will take more data
next year. The year 2000 would be our first year of operation .
Councilwoman Grigorov - What did you mean there was less research after the early
1980's?
Lanny Joyce - There has been change in grant applications and grant money that is
available. There is definitely misconception in the minds of the public that Cornell just does .
research for the sake of doing it for its own operating budget. Research is a very competitive
process. We apply, like many others to get research dollars that do things like study lakes.
The New York State Department of Environmental Conservation actually funds research on
lakes. They had a part in the work that went on at the lake.
Councilwoman Harrison - It is fair to. say, though, regardless of the fact there is a fair amount
of data and monitoring required , that it will be very problematic to discern impacts. If any will
be subtle, I don't think any body is predicting we are going to see any major problem. We
already heard last year that there is a stench at the end of the lake. We had a' lot of people
complaining , and wanting to know the cause. If Lake Source Cooling had been in place then
it would have been blamed as the cause. . Fortunately, Lake Source Cooling wasn't in place
at that point. It is important to do monitoring and it is good there is baseline data, but the
reality is it is going to be hard to pinpoint things. It will be hard because the impact of Lake
Source Cooling is likely to be far smaller than the lack of sediment erosion controls .
Councilwoman Russell - It is a big lake and there are a lot of different impacts on it. It is
hard to figure out what the cause of those things are.
Lanny Joyce - I think that is part of the reason why Tompkins County developed the Water
Resources Council which hopefully look at the southern lake basin as a whole to see all the
issues. When people look at the data, that is what the EIS is all about, they will see Lake
Source Cooling will is an inconsequential part of the mix. There are a lot of "big players" out
there, and it is not hard to see where those are.
Councilman Wolff - Cayuga Lake is probably undergoing some changes now. Last summer
there were things happening unrelated to anything going on . Some of those changes might
be part of a natural cycle, some of it may actually be due to human activity. The point is, is
TOWN BOARD MEETING PAGE 46 MAY 11 , 1998
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someone able to speak to what the current state of the lake is. What are some of those
changes taking place?
Councilwoman Harrison - Are we aware of any current discreet trends?
Lanny Joyce - The biggest impact is from Zebra Mussels, the food change. Zebra Mussels
continue to make changes as they did in Seneca Lake. Authorities monitoring Seneca Lake
are certainly ahead of us in how we monitor Cayuga Lake with Zebra Mussels. Zebra
Mussels were in Seneca Lake for at least three or four years before they were noticed in
Cayuga Lake. Seneca Lake has a huge difference in water clarity compared to Cayuga
Lake. But it is a different lake. You can't really take what is happening in Seneca Lake and
automatically compare it to Cayuga Lake. They have different shapes, and different water
sheds. Many different things happening . The New York State Department of Environmental
Conservation is aware of the community concern , but it is the public who get action from
them .
Councilwoman Harrison - I think Nelson Harston who chaired the Cornell Working
Committee will be coming to the public hearing. The lake questions are the ones he would
be very good at answering.
Shirley Egan , Cornell - We will have our best consultant on these issues, Melissa Grand, at
the public hearing . I would like some guidance on how pro-active you want Cornell officials
to be at the public hearing. Councilwoman Harrison's question was really not so much that
you wanted to know about the alternatives, but whether you felt that there was enough
evidence showing this board had considered it.
Councilwoman Harrison - It may be beneficial for the Cornell officials to bring a list of the
studies which have done regarding the alternatives. How those fit into your earlier
deliberations.
Councilwoman Grigorov - I know this is going to be a very difficult public hearing.
Supervisor Valentino - As Chair, I am going to have to work hard to keep control at the public
hearing. The Mecklenburg Heights public hearing went quite well when we let everyone
have their say. We wrote down the questions that people had raised and then we asked the
towns people to address those questions and answer them. I thought that worked quite well .
We need to try that method at this public hearing. Let the people ask their questions, and
then address the questions at the end .
Councilwoman Harrison - It won't satisfy people, but it will satisfy ourselves and the record .
Supervisor Valentino - How many people came to the public hearing on this issue that the
Planning Board held?
TOWN BOARD MEETING PAGE 47 MAY 11 , 1998
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Male Voice - Eighteen or twenty.
Resolution No. 83 - Agenda Item No. 16(A) - Ratify Cancellation of Special Town Board
Meeting Date by Town Supervisor:
WHEREAS, at the April 13, 1998 meeting of the Town Board, Resolution No. 6311998
was adopted setting a Special Town Board meeting on May 7, 1998 at 5:30 p. m. , in order
that the Town Board could conduct a public hearing on the proposed rezoning of a portion of
Tax Parcel No. 194-5 on East Shore Drive, for the Cornell University Lake Source Cooling
Project, . to consider SEQR findings, related to such rezoning, and to consider a proposed
Local .Law effecting such rezoning; and
WHEREAS, the Town Supervisor upon consulting with a quorum of the Town Board
determined that additional information related to this Special Town Board meeting and the
public hearing was needed before both could be held; now, therefore, be it
RESOLVED, the governing Town Board does hereby ratify the directive of the Town
Supervisor made on April 29, canceling the Special Town Board Meeting scheduled for May
1 .
7, 1998, at 5.30 p. m. , for the purpose of conducting a public hearing on the said proposed
rezoning related to the Cornell University Lake Source Cooling Project.
MOVED: Councilwoman Harrison, SECONDED: Councilman Klein. A vote . on the motion
resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye; Councilman
Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye;
Councilwoman Russell, aye. Motion carried unanimously:
Agenda Item No. 16b : Set Special . Town Board Meeting Date - Public Heanna,
Proposed Rezoning East Shore Drive for the Comell University Lake Source Coolina
Proiect:
Resolution No. 84 - Agenda Item No. 16(B) Special Town Board Meeting Date:
BE IT RESOLVED, the Town Board of the Town of Ithaca. will hold a Special Town
Board meeting on Thursday, June 11, 1998 at 5:30 p. m. , in order that they may conduct a
public hearing on the proposed rezoning of a portion of Tax Parcel No 194-5 on East Shore
Drive, for the Cornell University Lake Source Cooling Project, to consider SEQR findings,
related to such rezoning, and to consider a proposed Local Law effecting such rezoning; and,
be it, further
RESOLVED, the . Town Clerk is hereby authorized and directed to prepare and
advertise notice of such meeting as required by law.
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TOWN BOARD MEETING PAGE 48 MAY 11 , 1998
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MOVED: Supervisor Valentino, SECONDED: Councilman Wolff. A vote . on the motion
resulted as follows: Supervisor Valentino, aye, Councilwoman Ghgorov, aye; Councilman
Klein, aye, Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye;
Councilwoman Russell, aye. Motion carried unanimously.
Agenda Item No. 16c. Set Public Hearing Date, Proposed Rezoning, East Shore Drive
Cornell ,University Lake Source Cooling Proiect:
Resolution No. 85 - Agenda Item No. 16( c ) PUBLIC HEARING DATE: Cornell
University Lake Source Coolin_a Project:
BE IT RESOLVED, the Town Board of the Town of Ithaca will conduct a public
hearing on Thursday, June 11, 1998, at 5:35 p. m. , at the Town Hall for the purpose of
considering the SEQR findings, and a local law rezoning a portion of Tax Parcel No. 194 -5
on East Shore Drive to a Special Land Use District for the Cornell University: Lake Source
Cooling Project; and, be it further
RESOLVED, that the Town Clerk is hereby authorized and directed to prepare and
advertise such public hearing notice as required by law.
MOVED:. Supervisor Valentino, SECONDED: Councilwoman Harrison. A vote on the motion
resulted as follows: Supervisor Valentino, aye; Councilwoman Ghgorov, aye; Councilman
Klein, . aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman Wolff, aye;
Councilwoman Russell, aye. Motion carried unanimously.
Agenda Item No. 21 . Consider proposed Recreation Partnership By-Laws.
Supervisor Valentino - Are there any comments about what has been happening at the
Recreation Partnership meetings?
Councilwoman Russell - The by-laws have been presented for review.
Supervisor Valentino - I had a meeting with Councilwoman Russell and Joan Noteboom , and
I have some concerns about the Recreation Partnership and the by-laws.
In one portion of the proposed by-laws it states, "The object . of the Recreation Partnership is
to provide residents of the nine partner municipalities with full and equal access to all of the
recreational programming offered by the Ithaca Youth Bureau" . That should say "by the
Partnership. " The Partnership is the one that is going to be authorizing programming .
1 am going to a meeting at the County Planning and Intermunicipal Cooperation Committee.
They are talking about changing the whole scope of the partnership which is something we
need to think about. The current contract will expire next year, and it has been mentioned
TOWN BOARD MEETING PAGE 49 MAY 11 , 1998
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that it should be changed to a county/city organization . The Town of Ithaca's funding
participation is significant. I think we have to think about other municipalities stepping up to
their obligation.
I have attended .these meetings , and think Councilwoman Russell and Mrs . Noteboom can
agree with some of the things that have. been happening. The Partnership has not had the
success we were hoping it would . Programs could be eliminated due to low participation .
We hoped this Partnership would begin to develop new and creative things for other
municipalities. There have been some nice successes in these programs that we have not
seen before, but there still are some disappointments.
Councilwoman Russell - Preliminary discussions at the Recreation Partnership meetings are
about merging the County and the City Youth Bureau. Some concerns involve funding from
outlying municipalities and how difficult that is. Mrs. Noteboom has mentioned budgeting
abnormalities that exist in the budget. We decided since they were not getting a response to
those concerns we would continue to bring them up. Those concerns will be put into writing
and submitted to the Board .
Town Clerk Noteboom - I spoke to Alice Green of the City Youth Bureau and asked for the
final version of the 1998 Budget. She is still trying to put that together, and after a committee
of the City looks at it with the actual expenditures from 1997 , she hopes to be able to send
that to me. Then Supervisor Valentino, Councilwoman Russell , and I agreed that I should go
over- the numbers to point out some of the abnormalities that could be discussed .within the
Partnership. We "oil then devise questions to ask the City and the County Youth Bureau .
One big question concerns their personal and employee benefits. . It does look like in a few
instances that the Partnership is totally paying through its budget for the salaries and
employee benefits of City Ithaca Youth Bureau staff. We had been assured last year that
was not the case, that it was a percentage based on the ratio of the Partnership.
Supervisor Valentino - It also looks like we were picking up some of the benefits for some of
the employees that had retired.
Town Clerk Noteboom - The Recreation Partnership Board does not have any committees at
this time. They are saying the Executive Committee should have the power , to act on all
matters which could not be readily deferred until the regular meeting of the whole board .
This means the Executive Committee could vote for the members at large and make
decisions on programming or employees.
Supervisor Valentino - * l do not see any need for them to have an Executive Committee with
a format of that authorization. It is not a group that .has to make decisions.
Town Clerk Noteboom - The Town of Ithaca has three representatives and the City, of Ithaca
has four representatives on the Partnership Board. We are the only municipality who has at
TOWN BOARD MEETING PAGE 50 MAY 11 , 1998
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least two thirds of their representatives present at meetings . The representatives from the
City usually do not attend . The Executive Committee has considered looking at the majority
sitting at that table. We pay the most of any of the other municipalities, outside the city.
Supervisor Valentino - I did not realize that the Recreation Partnership is not a separate
fund. The money goes into the General Fund of the City. If that money is not expended they
put it into the City fund instead of returning it to the Partnership: We are saying this is our
report and we think there are some real serious things that need to be identified.
Councilwoman Russell - We will have more information to bring before the board at the next
meeting .
Agenda Item No. 26. - Consent Resolutions .
Resolution No 's: 86(A)46(d) - Agenda Items No. 26(B)-26(e) - Consent Aa►enda Items:
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
approves and/or adopts the resolutions for Consent Agenda Items No. 26(b) - 26(e) as
presented and/or amended. Agenda Items No. 26(a) and 26(t) will be considered separately.
MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the
resolution resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye,
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye; Councilwoman Russell. Motion carried unanimously.
Resolution No. 87 - Agenda Item No. 26(A) - Town Board Minutes.
WHEREAS, the Town Clerk has presented the minutes for the special meeting held
on March 30, 1998, and for the regular meeting held on April 13, 1998 to the governing Town
Board for their review and approval for filing; and
WHEREAS, the governing Town Board has reviewed the said minutes, now therefore,
be it
RESOLVED, the governing Town Board does hereby approve for filing the minutes for
the special meeting held on March 30, 1998, and for the regular meeting held on April 13,
1998 with the amendments as presented during the May 11, 1998 meeting of the governing
Town Board,
MOVED: Supervisor Valentino; SECONDED: Councilwoman Harrison. A vote on the
resolution resulted as follows: . Supervisor Valentino, aye; Councilwoman Grigorov, aye,
Councilman Klein, aye, Councilwoman Harrison, aye, Councilman Conley, aye; Councilman
Wolff, aye; Councilwoman Russell. Motion carried unanimously.
TOWN BOARD MEETING PAGE 51 MAY 11 , 1998
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Resolution No. 86(a) Agenda Item No. 26(b) Town of Ithaca Warrants:
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.
Vouchers No. 471=594
GENERAL FUND TOWNWIDE: $31, 239: 98 WATER FUND: $451498.37
GENERAL FUND PART TOWN: $ 51624. 98 SEWER FUND: $ 21372. 94
HIGHWAY FUND PART TOWN: $52, 251 , 20 RISK RETENTION FUND: $ 191 . 27
MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the
resolution resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye; Councilwoman Russell. Motion carried unanimously.
Resolution No. 86(b) - A_aenda Item No. 26( c ) - Bolton Point Warrants:
WHEREAS, the following numbered vouchers 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.
Prepaid Voucher No: 215-229 $31; 906, 06
Water Fund Voucher No: 231-288 $76, 081 , 23
MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the
resolution resulted as follows: Supervisor. Valentino, aye; Councilwoman Ghgorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye; Councilwoman Russell. Motion carried unanimously.
TOWN BOARD MEETING PAGE 52 MAY 11 , 1998
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Resolution No. 86( c ) - Agenda Item No. 26 (d) Regular Aaaointment: of Parks
Maintenance Manager.
WHEREAS, Richard Schoch has worked for the . Town of Ithaca as part of
Highway/Parks Department since 1984 and as the Parks and Open Space; Manager since
July 1986 then during compliance with Civil Service his title was changed to Working
Supervisor; and
WHEREAS, Mr. Schoch requested to take the promotional Parks Maintenance
Manager competitive exam and was, therefore, provisionally appointed as Parks
Maintenance Manager January 1, 1998; and
WHEREAS, Mr. Schoch has successfully completed the competitive exam for Parks
Maintenance Manager, now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular
full time appointment of Mr. Schoch as Parks Maintenance Manager effective date of civil
service certification .4/3/98; and be it further
RESOLVED, an eight . (8) week probationary period applies and shall end. effective
May 29, 1998 with no further Town Board action required if there is successful completion of
this probationary period, and be it further
RESOLVED, the: said position shall be in job classification OM", at the 1998 hourly
wage of $ 17. 66, with full time benefits.
MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the
resolution resulted as follows: Supervisor Valentino, aye, Councilwoman Ghgorov, aye,
Councilman Klein, aye, Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye,Councilwoman Russell. Motion carried unanimously.
Resolution No. 86(d) - Agenda item No. 26(E) - Authorization for Rental of Hiahway
Eauiament.
WHEREAS, from time to time there is a need for the Highway Department to have
more equipment to handle additional tasks within the Town; now, therefore, be it
RESOLVED, on the recommendation of the Public Works Committee, the Town Board.
of the Town of Ithaca does hereby authorize the Highway Superintendent to rent equipment,
as needed, to be expended from the Highway Fund, Permanent Improvements, DB5112 or
General Repairs, DB5110 appropriation line items.
TOWN BOARD MEETING PAGE 53 MAY 11 , 1998
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MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the
resolution resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye;
Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilman
Wolff, aye; Councilwoman Russell. Motion carried unanimously.
Agenda Item No. 26tfl - Rescinding Resolution No. 71W/1998 and Designation of 1998
Polling Places :
Councilwoman Russell - They are talking about consolidating District 10. What is District
10?
Town Clerk Noteboom - District 10 was AXIOM and we are asking that it be combined with
another district at the South Hill Fire Station because AXIOM has said we could not use the
building after normal business hours. They want us to sign a million dollar liability insurance
contract, and proof of insurance. They were giving us all kinds of restrictions. They wanted
to know exactly how many parking spaces we would need throughout the day. How many
people were expected to be in the building? Board of . Elections said that the registration
numbers for this year could combine South Hill Fire Station with District 10 by putting in an
extra machine. There will be two machines at the South Hill Fire Station . We will only need
six inspectors instead of eight, which would save the Town about $ 1600 over the year. We
have had two districts before, but there was only one machine. Board of Elections assured
me that if we show two separate districts at South Hill there has to be two machines there. If
the numbers move, we could always put in a third machine.
Councilwoman Russell - It is . probably not relevant this year, but in a presidential election
year the college students turn out to vote . The last time District 11 was also at the South Hill
Fire, Station, I did not get a chance to vote in the Presidential election. It was the first time in
my life I did get to vote, and it was very upsetting . The lines were so long . I went back
several times during the day and also into the evening , but the people were out the door into
the parking lot. There was just not enough capacity.
Town Clerk Noteboom That was because during that Presidential election we only had one
voting machine. If the Board chooses next year to leave this as a district, then we would
make sure we would have the number of machines that are necessary. I talked with the Fire
Chief and he said they will accommodate us in any way they need to.
Councilwoman Harrison - There are two constraints to getting to vote. One is the machines,
and the other is people checking off their name.
Town Clerk Noteboom - One machine has four inspectors, but the election law allows us to
put two machines there with six inspectors.
Supervisor Valentino - Are the inspectors the people who oversee the machines?
TOWN BOARD MEETING PAGE 54 MAY 11 , 1998
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Town Clerk Noteboom - The inspectors are the ones that have you write in the book and
then use the voting machine.
Councilwoman Harrison - So is that also a constraint?
Town Clerk Noteboom - It could be if you only have six inspectors during a Presidential year.
The numbers this year only warrant having six inspectors.
Councilwoman Harrison - When you say six, does that mean there are three tables?
Town Clerk Noteboom - It means there will be six people. Three republicans and three
democrats will be overseeing the operations.
Councilwoman Harrison - How many individuals in a line could they be dealing with at one
time?
Town Clerk Noteboom - At least three.
Supervisor Valentino - We will be all right this year. We will have more inspectors in a
presidential .year.
Town Clerk Noteboom - Next year we will have to have at least eight election inspectors at
the South Hill Fire Station . We received a letter from BOCES saying they also want us to
sign an insurance liability form.
Resolution No. 88 - Agenda Item No. 260) - Rescinding Resolution No. 71(m)11998 and
Desidnation of 1998 Pollin4 Places.
WHEREAS, in conformity with Town Law it is necessary that the Town of Ithaca
designate the names and addresses of Polling Places for voting within the Town of Ithaca;
and
WHEREAS, on April 13, 1998, Resolution No. 71 (m), was adopted designating the
locations of the 1998 Polling Places; and
WHEREAS, The Ithaca Town Clerk, along with the assistance of the Tompkins County
Board of Elections has determined that it is appropriate to combine the location ' of Polling
District # 10 and Polling District #3 at the South Hill Fire Station, 965 Danby Road; and
WHEREAS, the consolidation of these district locations will result in an annual
savings of approximately $600. 00 to $800. 00 (depending on the number of election
occurrences); and
TOWN BOARD MEETING PAGE 55 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
WHEREAS, combining these two Polling Districts continues to keep the Town of
Ithaca compliant with Election Law; now, therefore, be it
RESOLVED, that the governing Town Board does hereby rescind Resolution No.
71 (m)11998 designating the 1998 Designation of Polling Places; and be it, further
RESOLVED, the governing Town Board does hereby designate the following list by
Districts of Polling Places, as the official Designated Polling Places for the year 1998; and be
it, further
RESOLVED, the said polling places are all in compliance with the Election Law and
are accessible to the handicap.
District # 1 - West Hill Fire Station, 1242 Trumansburg Road
District #2 - Veteran Volunteer Fireman 's Association, Inc. , 638 Elmira Road
District #3 - South Hill Fire Station, 965 Danby Road
District #4 - Reis Tennis Center @ Cornell University, 230 Pine Tree Road
District #5 - Hasbrouck Apartments Community Center, 121 Pleasant Grove Road
District #6 - B. 0, C. E. S. , . 555 Warren Road
District #7 - Cayuga Heights School, Corner East Upland & Hanshaw Road
District #8 - Boynton Middle School, 1601 North Cayuga Street
District #9 - B. 0, Co E. S. , 555 Warren Road
District # 10 - South Hill Fire Station, 965 Danby Road
District # 11 - Reis Tennis Center @ Cornell University, 230 Pine Tree Road
MOVED: Councilman Klein, SECONDED: Supervisor Valentino. A vote on the resolution
resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman
Klein, aye, Councilwoman Harrison, aye, Councilman Conley, aye, Councilman Wolff, aye,
Councilwoman Russell. Motion carried unanimously.
Agenda Item No. 27. Report of Town Committees,
Councilwoman Russell - The Incinerator Committee met during a marathon session over
Friday and Saturday to come up with management plans for handling all the different points
of waste training. We would then pass this information on to the consultants who are during
the study on the environmental and engineering aspects.
Councilwoman Harrison - The Transportation Committee met with some representatives from
the city to talk about High School coordination . The City still sounds like they are worried
that the politics are going to make it hard for them to do much .
TOWN BOARD MEETING PAGE 56 MAY 11 , 1998
APPROVED - APPROVED- APPROVED
Councilman Klein - The COC spent time on the adult businesses and cell towers. Now we
are back to other parts of the Zoning Ordinance . We did have a presentation from MRB on
the pre-schematic plan for the expansion of the highway facility. They came up with a large
estimate, probably more space than we really need . Superintendent Noteboom has given
them some new guidance. We tried to establish certain priorities in terms as to what was
necessary. A new date has been set for them to attend a Town Board meeting .
Supervisor Valentino - I wonder if we should do that. It seems like they are making a lot of
changes. I would rather have them talk to the Public Works Committee again .
Councilman Conley - We do have a Public Works meeting before the next board meeting . If
that meeting is satisfactory then we could put it on the June 8th agenda .
The Water and Sewer Special Benefit Assessment Committee mission is coming to closure.
They will be meeting on May 23rd . We will be able to simplify the very complex formula
based on frontage. The numbers seem to still work.
Attorney Barney - We went back to the plan formula as a result of a law suit. It was Evan
Monkemeyer's father. It was largely a frontage formula problem . He complained that the
frontage formula penalizes large landowners.
Councilman Klein - We have found it to be the opposite. I do not know if things have
changed in terms of more frontage, or if we just have more water lines. We are making very
good progress . We found that the frontage seems to be the fairest.
Councilwoman Russell - The only abnormality of the formula is for people who have a large
amount of frontage and not a lot of depth to their lot.
Supervisor Valentino - I think we are satisfied with the overall picture, but there are still some
things we have to deal with .
Councilman Klein - We have uncovered a lot of properties that are not on the list. There
were a lot of Cornell parcels that were not taxed . Even pennies could add up to a great deal
of money.
Councilwoman Grigorov - The Board of Assessment Review is meeting Thursday, and
Councilwoman Harrison will be going to that meeting .
Supervisor Valentino - Most of the things I am involved with are a part of tonight's agenda.
This week there is a meeting with the City and other municipalities to work out a Bulk Sale
Agreement with the City. Perhaps a partnership will be considered for the long term. I think
we have come up with some good numbers and a good proposal .
TOWN BOARD MEETING PAGE 57 MAY 11 , 1998
APPROVED -APPROVED - APPROVED
Councilwoman Russell - The sale of what?
Supervisor Valentino - The sale of water to the City. Their plant . may eventually be out of the
water business . Those negotiations have had their ups and downs, but I think the
Commission has come up with a good proposal . The research done on what it costs to
produce water has back fired for them in regards to my attempts to get them to lower the
water rate from $2 . 55. They realize now that we could easily lower rates for water if we sell
to ourselves at $ 1 . 80.
Director of Engineering Walker - We are accumulating approximately $200, 000 per year for
capital projects that were budgeted, but never done. We also finished paying off $500, 000
in bonds.
Supervisor Valentino - We should see a substantial reduction in the rate that we have to pay
for water next year. We will have to translate what we charge our customers. This is
something we need to look at. We have been having difficulties making changes in the
original agreement. The Town of Lansing is still unwilling to go with some of the work
Shirley Raffensperger and her Committee have tried to generate to make it more accessible
as we move into the future on who is going to pay future capital costs.
The Town of Ithaca paid fifty-two percent of the original costs. The present surplus available
now ; is a little over $2 ,000, 000. About $1 . 2 . million is what the Town of Ithaca has put in . So
any formula that we do in the future has to recognize the amount of money that the Town of
Ithaca has contributed . I told the Commissioners they need to go back and look at the
agreement. We have made some changes in the agreement, and how we do some things .
We need to update the agreement to show all the changes we have made to date. I told
them if we can not reach an agreement on changing the allocation for future capital projects
the Town of Ithaca will not agree to any changes that were not fair to us. We will request
that they go back to the original agreement and return the excess fund balance to each
partner. Hopefully, that will push the Town of Lansing to think a little bit.
Agenda Item No. 28. Report of Town Officials :
a. Town Clerk/Receiver of Taxes - (See attachment #8)
b. Highway Superintendent (See attachment #9)
Superintendent Noteboom - I would like to comment on the Human Reserves Coalition . I
have passed out a report to all the Town Board Members. There was a number of people
who worked on this from the community. The report shows some effects of our economic
well-being .
c. Director of Engineering - (See attachment #10)
y TOWN BOARD MEETING PAGE 58 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Director of Engineering Walker - The NESTS Public Meeting will be held Saturday, May 16,
at the Dewitt Middle School . You will be able to see what has been going on with the study.
There have been some follow up discussions with Ithaca College. Supervisor Valentino and
I are meeting with the new president, Peggy Williams, and the Facilities Director, Tom Salm,
on May 20th , to continue discussions in regards to the Ithaca College Master Plan process
and other issues.
d. Director of Planning - (See attachment #11 )
e. Director of. Building/Zoning - (See attachment #12)
F. Human Resources. - (See attachment #13)
g. Budget Officer.
Town Budget Officer Carvill - The Supervisor asked that the Capital Project Budget for the
Town Hall be increased to up to $2 , 000, 000. We will have an estimated $ 1 , 948, 000. 1 think
the budget will fall short of that goal by about $22 , 000 or $25, 000. But I am still trying to
push for $2 , 000, 000.
Councilman Klein - The Post Office has not even started the design for their portion of the
building . They have to complete the design , bid the reconstruction , and before we can even
start our work. Optimistically, we are at least six months away from beginning our project.
Town Budget Officer Carvill - During the closing of the 1997 financial reports from December
31 , 1997 and going back to January 1 , 1996, we discovered a cash adjustment of $ 161 , 000.
For all of 1997 it was impossible to identify what the adjustment was for. As the year closed ,
this adjustment presented itself in the Water Fund . After talking with the Supervisor, and
after hours of internal auditing, it proved to be related to the Capital Project on West Haven
in 1994.
What was exposed were the expenses for the sewer line which were never recorded on the
financial records. The Auditors were given all my review work, and they have agreed. and
isolated the expense. However, with the nature of the way water and sewer monies will be
collected there was an adjustment made to correct for an incorrect entry of a bond in the
Water Fund , Once the audit is complete, there will be $ 100, 000 that will have , to be
transferred from sewer to water. I made the adjustment in 1996 only to water because that is
where it showed up on the books. This has been a massive adjustment to correct the cash
figures and the appropriate expenses.
TOWN BOARD MEETING PAGE 59 MAY 11 , 1998
APPROVED - APPROVED - APPROVED
Supervisor Valentino - It has been a long process to get those books neat and clean. I think
this is the last adjustment that the auditors looked at. It has taken over a year to correct.
Town Budget Officer Carvill - The auditors have finished the 1997 audit. I had a meeting
with them last Friday and they delighted with the internal workings.
Agenda Item No. 29. Executive Session :
Motion made by Supervisor Valentino, seconded by Councilwoman Grigorov to enter into
Executive Session to discuss Land Acquisition and Pending Litigation. Motion carried
unanimously. The Board entered into Executive Session at 9: 37 p. m.
Motion made by Councilwoman Harrison , seconded by Councilman Wolff to resume regular
session. Motion carried unanimously. The Board resumed regular session at 9: 58 p. m.
Agenda Item No. 30. Adioumment:
As there was no further business to come before the Town Board a motion was made by
Councilwoman Harrison , seconded by Supervisor Valentino to adjourn . Motion carried
unanimously.
LP
Supervisor Valentino adjourned the meeting at 9: 58 p. m .
Respectfully submitted,
9 m
"J"
Joan Lent Noteboom,
Town Clerk
*NEXT REGULAR MEETING - June 8, 1998 at 5: 30 p. m .
**Minutes Transcribed by Carrie L. Coates.
' JOAN LENT NOTEBOOM Agenda 7v .
of tr,� Town Clerk/Receiver of Taxes
F Town of Ithaca
126 E. Seneca Street
Ithaca, NY 14850
(607) 273- 1721 , Fax (607) 273-5854
April 30, 1998
Leland E. Carmichael
Mary Margaret Carmichael
122 Pine Tree Road
Ithaca, NY 14850
Re: Town of Ithaca Tax Parcel #581-2-22. 12
Water & Sewer Benefit Assessments
Dear Mr. and Mrs. Carmichael ,
Supervisor Catherine Valentino asked that I respond to your correspondence dated April
19, 1998, in which you request information as to how to appeal the decision related to the
referenced matter. Your appeal can be made by either writing a letter to the Town Board,
or by attending their meeting to address the members during the "Persons to be Heard"
section .
The next regular meeting of the Town Board will be held on May 11 , 1998 at the Town Hall,
126 East Seneca Street. The "Persons to be Heard" section is scheduled for 6:00 p. m. If
you wish to attend this meeting and address the Town Board, please be so kind as to let
me : know so that I can inform the members of your attendance.
Sincerely,
or La�
Joan Lent Noteboom
Town Clerk
cc: Town Board
Attachment # 1
61 1
122 Pine Tree Road _
Ithaca , NY 14850 N OF IT AC
April 19 , 1998
Mr. Daniel R . Walker , P . E .
Town of Ithaca Engineer
Town of Ithaca
126 East Seneca Street
Ithaca , NY 14850
Re . Town of Ithaca Tax Parcel # 584 - 2 - 22 . 12
Dear Mr. Walker,
Thank you for your letter of April 16 concerning the assessment
for water and sewer charged against the tax parcel listed above on
the 1998 tax bill . This was in response to our letter of January 8 ,
1988 .
We wish to appeal the decision of the Town staff and Benefit
Assessment Committee . Please tell us the procedure to do this . Do
we request a hearing ?
This is a property without access to public water and sewer. This
land is undeveloped acreage , vacant , no buildings , no street frontage ,
no road, and no access to water or sewer service .
This land should be considered under
#4 " Parcels with no Road or with Undeveloped Acreage with Water
and /or Sewer Service not Readily Available . "
"Annual charge of $ 0 . 02 /M for water and $ 0 . 01 M for sewer, of full
assessed valuation . "
The assessed value of this property is $ 11 , 600 . This means that
the taxes should be $ 0 . 232 ( twenty three cents ) for water and
$ 0 . 116 ( twelve cents ) for sewer. This gives a total water/sewer
tax per year of thirty five cents . The water/sewer tax that we have
been charged and paid for 1988 is $ 350 . 88 , i . e. , $ 350 . 00 too high .
Please write to us to tell us how to appeal ur decision .
Sincerely yours ,
Mary 1,l�larg et Carmichael Leland
armiciael
cc : Ms . Cathy Valentino , Town Supervisor
TOWN OF ITHACA
18 21
W Yoe
126 EAST SENECA STREET , ITHACA , N . Y. 14850 v
TOWN CLERK 273.1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-i 704
April 16, 1998
Mary. Margaret Carmichael
122 Pine Tree Road
Ithaca, New York 14850
Re: Town of Ithaca Tax Parcel # 58. -2-22. 12
Dear Mrs. Carmichael:
In response to your question regarding the benefit assessment for water and/or sewer charged
against the listed tar parcel on the 1998 tax bill, the assessment has been checked by Town staff and
reviewed by the Benefit Assessment Committee. The results of the review indicate that the benefit
assessment charged to your parcel is correct for 1998 taxes and there will be no adjustment to the
assessment charged.
The benefit charge for this parcel was calculated in accordance with the "Town of Ithaca Water
and Sewer Benefit Formula" adopted September 8, 1981 , a copy of which is attached. The funds
generated by this special district benefit assessment are used to pay for the costs of capital improvements
for the water and sewer system. All properties in the Town of Ithaca are charged an assessment for water
and/or sewer based on the benefit received by the property. Parcels with direct access to water and sewer
are assessed a number of units based on occupancy, with 1 unit charged for each residence unit, i.e. , single
family home or apartment, or by lot size with 1 unit charged for 100 400t lot width. Properties without
access to public water and sewer are considered benefited to a much lesser extent and are charged $0.02
per thousand dollars of the assessed value of the property.
The benefit assessment charged on the tax bill does not include charges for water and sewer
usage. Properties having facilities actualh connected to the water and/or sewer mains receive a quarterly
bill based on the current water and sewer rate. The revenues produced by quarterly water and sewer
billing are used to cover the costs of management, maintenance, production, treatment, distribution,
collection, operation, and repair for water and sewer systems.
The quarterly billing is through the Southern Cayuga Lake Intermunicipal Water Commission
which is jointly owned and administered by the Towns of Ithaca, Dryden, Lansing, and the Villages of
Cayuga Heights, and Lansing.
If you wish to consolidate your property, the procedure would be for you to go to the Tompkins
County Assessment Office at 128 E. Buffalo Street.
I hope that this explanation has answered the questions and addressed your tax billing concerns.
If you have any further questions, please do not hesitate to call (607) 273 - 1747.
y yon,
Daniel R Walker, P.E.
Town of Ithaca Engineer
Woo 4
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A�RAtEO
CITY OF ITHACA
10e EAST GREEN STREET
ITHACA, NEW YORK 14950
COMMON COUNCIL April 8 , 1998 TELEPHONE: (607) 274-6570
Fernando de Aragon , Director
Ithaca-Tompkins County Transportation Council
121 East Court Street
Ithaca , NY 14850
Dear Mr . de Aragon :
We are writing to request assistance from the ITCTC in
addressing a serious traffic problem in our neighborhood .
The area in question is Route 79 ( Mecklenburg Road ) as it
enters the City on West Hill . There is a steep curve
compounded by a downhill transition at this location ; two
conditions that result in unsafe speeds . It has been
recognized as a problem area for years , as minutes of the
City ' s Board of Public Works will verify . This is also
considered to be a problem in the Town as recorded at recent
public hearings on the Mecklenburg Heights housing
development .
There may be several ways of attacking this problem but one
that is specifically being requested is a gradual decrease in
the speed limit . The current situation provides for no
transition in . speed going from 55 in the Town of Ithaca to 35
in the City . Signage of this type has been requested in the
past but to no avail .
As elected representatives from the " City side " , we
respectfully request aR opportunity to present this problem
to the ITCTC Planning Cor=ittee at the April 21 meeting in
the hopes of achieving some immediate relief for our
constituents and increased safety for those traveling the
road .
Very truly yours ,
101&Z 6
Mfr
Barbara Blanchard Paulette Manos
District 1 - City of Ithaca ward 1 - Councilperson
County Board of Representatives Common Council
Attachment # 2 �
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The Town Board of Ithaca
126 East Seneca Street April 17, 1 g98
Ithaca , NY 14850
Dear Town of Ithaca Board Members :
This letter is to inform you of the concerns of many Mecklenburg Community
residents regarding the name selected for the new development on Route 79,
just outside of the city limits.
We are not objecting to the development itself but only to the choice of a
name - "Mecklenburg Heights " . We realize that the developer was probably
unaware of the possible confusion this choice of names may spawn , given
that the hamlet of Mecklenburg is nine miles away !
The appending of the word " Heights " usually connotes proximity to another
Population center, a topographic feature , etc. . More appropriate name
choices could have included " Ithaca Heights " . Someone unfamiliar with our
area could at least find his way to the general geographic location.
We are aware that some folks like to call Route 79 "Mecklenburg Road
ofcourse using that reasoning Route 79 could also be called Bennettsburg or
Burdett Road. Better still , us folks in Schuyler County should by the same
token call 79 , Ithaca Road . Makes sense here, but confusing to everyone
else. Route 228 goes to Mecklenburg, too ; should we start calling 228
Mecklenburg Road " ? Our election board wisely chose to go by the US Postal
Service ' s advice: use the standard names of roads. Thus those folks living
on Route 79 have " Route 79 for an address and we know where they 1 ive.
The unfortunate choice of "Mecklenburg Heights " as a name has also been a
source of jokes , some not very flattering, about our nice community of
Mecklenburg.
We would like to make a suggestion to the Ithaca Town Board: Would you
make a recommendation to the developer that he find another, more rational
and less confusing name for his housing complex ? With so many
complexities in all of our lives , why are we intentionally adding another
problem ? Thankyou for your consideration.
Attachment # 3
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John Fenne Je April 29 1998
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Suite i 0 1
890 Seventh North Street
Liverpool , NY 13088
Deer Mr. Fennessey ,
Attached is a letter to the Town Board of Ithaca regarding the proposed
name for your planned development %,&rest of the City of Ithaca .
Although the - mailing addresses of many of the 94 petition signers are not
" Mecklenburg " We all consider ourselves to be part of this rural community.
We belong to or support the Mecklenburg Volunteer Fire Company and the
Mecklenburg Church. Despite our varied and very busy lives and different
addresses , we remain a tight - knit community when it comes to supporting
community issues . It was not necessary to encourage the petition . signers :
Everyone wanted to sign ; some e ,tren came to my door upon hearing I had a
copy Of the petition .
We hope you will consider our request seriously and find a name more
suitable than " Mecklenburg Heights " for your proposed development which is
nine Miles away from Mecklenburg . We are joined by many Ithacans who
also think this is an inapt choice of names.
Thankyou .
Sincerely yours ,
Irene Brown
To: The Tompkins County Board of Reps
The Town of Ithaca Board
The Planning Board of the Town of Ithaca
r Gf �
From : Doria Higgins , 2 Hillcrest Drive , Ithaca , New York
Date: May 11 , 1998
1 am speaking only for myself in this matter, and lam not allied with any group .
As I am sure you know, expertise in not just one but in a number of sciences would be
necessary for any one person to fairly evaluate the accuracy and thoroughness of the
entire Environmental Impact Statement ( EIS) for the Cornell Lake Source Cooling
Project (LSC) . It is my understanding that none of the members of the three boards
(each of which is an "involved agency") to whom this memo is addressed has such a
wide range of expertise , nor do you cumulatively have such expertise.
At least one of the members of each board has said that he/she recognized his/her
incompetence to fairly evaluate the EIS and therefore they were trusting the Cornell
scientists or the NY Department of Environmental Conservation ( DEC) , the "lead
agency," to be doing a competent job .
You don't need any special training to know that this would be a naive and faulty basis
on which to approve the EIS or the Findings Statements for it from either the DEC or
Cornell . *
Such a basis for your decision would be a regrettable abdication of your responsibilities
to your constituents in a matter which is of great importance to our community. As a
former lawyer at DEC once said , "The advocate is not an unbiased person . All the
advocate wants is to have the action approved . You shouldn't take the word of the
advocate for the value of the action ."
One of the first lessons one is taught in the study of scientific methodology is to evaluate
the data , not to just take the word of the scientist for what he has found . In speaking to
members of the community about the LSC I have been dismayed by how many have
said , "Oh , the scientists at Cornell know what they are doing ," or "I trust Cornell ."
We know Cornell scientists have made some dreadful errors in the past. The 1998 State
budget just passed allocated $5 .2 million of taxpayers money to undo the environmental
While Cornell hired Stearns & Wheler, a firm in Cazenovia, to prepare the EIS, Stearns &
Wheler subcontracted four Cornell research associates, all of whom were on Cornell's Technical
Review Committee for the project.
over, please . . .
Attachment # 4
Higgins, May 11, 1998, to the three Boards, 2
damage caused by the radiation disposal site near the airport and more taxpayers
money may be needed before the damage is contained . I have heard that DEC also has
a bad track record for approving projects which have had destructive effects. And a year
or two ago Governor Pataki drastically reduced the staff of DEC in spite of a worthy
resolution passed by the Tompkins County Board of Reps urging him not to do so.
Today the reduced staff of DEC is extraordinarily overworked .
As a resident of the town and of the county, I respectfully urge you (because neither you
nor your staffs are equipped to judge the accuracy of the EIS or the Findings
Statements) to hire an outside unbiased consultant firm to properly evaluate the
competency and thoroughness of the EIS for the Cornell Lake Source Cooling Project
and the Findings Statement issued by DEC . And I urge you not to make your respective
decisions about the project until that outside evaluation has been made.
There is no need that the LSC be implemented immediately since Cornell has laid in a
very large stockpile of CFC's , their present chiller refrigerants , production of which was
stopped by Federal mandate as of January 1 , 1996 , after a slow phase-out since April
19909 It would seem prudent to spend a few tax dollars now rather than possibly
spending much more later to clean up after the LSC if it should prove to be damaging to
the lake . `
TOWN OF ITHACA
LOCAL LAW NO . 4 OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
RELATING TO THE CONSTRUCTION AND MAINTENANCE OF
TELECOMMUNICATION FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . The Zoning Ordinance of the Town of Ithaca as re-adopted , amended , and
revised , effective February 26 , 1968 , and subsequently amended, . be further amended as follows :
I . Article I , Section 1 , is amended by adding a new paragraph 47 reading as follows :
" 47 . A " Telecommunications facility " is any commercial equipment used in connection
with the provision of two-way wireless communication services , including cellular
telephone services , personal communications services , and private radio
communications services , regulated by the Federal Communications Commission
in accordance with the Telecommunications Act of 1996 and other federal laws .
A telecommunications facility shall include monopole , guyed , or latticework
tower(s) , as well as antenna(s) , switching stations , principal and accessory
telecommunications equipment and supporting masts , wires , structures , and
buildings . "
II . Article XIII is amended by adding a new section 70A reading as follows :
" SECTION 70A . Telecommunications facility .
1 . Purpose . The purpose of these supplemental regulations is to promote health,
safety , and the general welfare of the residents of the Town of Ithaca ; to provide
standards for the safe provision of telecommunications consistent with applicable
federal and state regulations ; to minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and future towers
and the use of existing tall buildings and other high structures and by encouraging
alternative technologies that would minimize the need for multiple towers ; and to
minimize adverse visual effects from telecommunications towers by requiring
careful siting , visual impact assessment , and appropriate landscaping .
2 . Special Approval and Variance Required . No telecommunications facility shall
be erected in any district unless and until the person seeking to erect same shall
have obtained a special approval from the Board of Appeals after favorable
recommendation and site plan approval from the Planning Board in accordance
with this section and the other provisions of this ordinance governing issuance of
Attachment # 5
Telecomm. 11, wp5l l ith llocallaw, 05114198 12:36pm
special approvals and site plan approvals . If the proposed height of the
telecommunications facility exceeds the permitted height of structures in the
zoning district in which the facility is proposed to be located, a height variance
from the Board of Appeals shall also be required .
39 General Criteria. No special approval or renewal thereof or modification of a
current special approval relating to a telecommunications facility shall be
recommended by the Planning Board or authorized by the Board of Appeals
unless it finds that such telecommunications facility :
(a) is necessary to meet current or reasonably expected demands for services ;
(b) conforms with all federal and state laws and all applicable rules or
regulations promulgated by the Federal Communications Commission (the
" FCC " ) , Federal Aviation Administration : (the " FAA " ) , or any other
federal agencies having jurisdiction;
(c) is considered a public utility in the State of New York;
(d) is sited , designed and constructed in a manner which minimises (i) visual
impact to the extent practical and (ii) adverse impacts upon migratory and
other birds and other wildlife ;
(e) complies with all other requirements of this Ordinance , unless expressly
superseded herein;
(f) is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility .
(g) when including the construction of a tower, such tower is designed to
accommodate future shared use by at least two (2) other
telecommunication service providers . Any subsequent location of
telecommunication equipment by other service providers on existing
towers specifically designed for shared use shall not require a new or
modified special permit if there would be no increase in the height of the
tower . However, the additional equipment will require site plan review .
4 . Co-Location . The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities . Any special
approval application, renewal or modification thereof shall include proof that
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reasonable efforts have been made to co-locate within an existing
telecommunications facility or upon an existing structure . The application shall
include an adequate inventory report specifying existing telecommunications
facility sites and structures exceeding seventy-five per cent (75 % ) of the height
to the proposed tower within the search range of the cell grid . The inventory
report shall contain an evaluation of opportunities for shared use as an alternative
to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility
cannot be accommodated on existing telecommunications facility sites in the
inventory due to one ( 1 ) or more of the following reasons :
(a) the planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures , considering
existing and reasonably anticipated future use for those facilities ;
(b) the planned equipment would cause radio frequency interference with
other existing or planned equipment, which cannot be reasonably
prevented ;
(c) existing or approved telecommunications facilities or other structures do
not have space and cannot be modified to provide space on which
proposed equipment can be placed so it can function effectively and
reasonably ;
(d) other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures ;
(e) the property owner or owner of the existing telecommunications facility
or other structure refuses to allow such co-location.
5 . Dimensional Standards .
(a) A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower and any
attached antennae . The entire fall zone may not include public roads and
must be located on property either owned or leased by the applicant or for
which the applicant has obtained an easement, and may not, except as set
forth below , contain any structure other than those associated with the
telecommunications facility . If the Facility is attached to an existing
3
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structure , relief may be granted by specific permission of the Zoning
Board of Appeals on a case-by-case basis if it is determined by such Board
after submission of competent evidence , that the waiver of this
requirement will not endanger the life , health, welfare or property of any
persona In granting any . such waiver, the Board may impose any
conditions reasonably necessary to protect the public or other property
from potential injury .
(b) All Telecommunications Facilities shall be located on a single parcel .
(c) All Telecommunications Facilities shall comply with the setback, frontage ,
minimum lot size , and yard standards of the underlying zoning district and
the fall zone requirements of this article . To the extent there is a conflict,
the more restrictive provision shall govern. The size of the leased or
owned lot , together with any land over which the applicant has obtained
an easement, shall be , at a minimum , sufficiently large to include the
entire fall zone . All lots leased or owned for the purpose of construction
of a tower as part of telecommunications facility shall conform , at a
minimum, to the lot size requirements of the underlying zoning district or
the size of lot necessary to encompass the entire fall zone (to the extent
easements for any part of the fall zone that extends outside the minimum
lot sized permitted in the zoning district have not been obtained) ,
whichever requirement results in a larger lot .
(d) Notwithstanding provisions to the contrary of any other article of this
ordinance , the front, side , and rear yard requirements of the underlying
zoning district in which a telecommunications facility is erected shall
apply not only to a tower, but also to all tower parts including guy wires
and anchors , and to any accessory buildings .
6 . Lighting and Marking .
(a) Towers shall not be artificially lighted and marked beyond the
requirements of the FAA .
(b) Notwithstanding the preceding paragraph, an applicant may be compelled
to add FAA-style lighting and marking , if in the judgment of the Planning
Board or Zoning Board of Appeals , such a requirement would be of direct
benefit to public safety and would not unduly adversely affect residents . of
any surrounding property .
4
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70 Appearance and Buffering .
(a) The use of any portion of a telecommunications facility for signs ,
promotional or advertising purposes , including but not limited to company
name , phone numbers , banners , streamers , and balloons is prohibited .
(b) The facility shall have the least practical visual effect on the environment,
as determined by the Planning Board and Zoning Board of Appeals . Any
tower that is not subject to FAA marking as set forth above shall
otherwise :
(i) have a galvanized finish, or shall be painted gray above the
surrounding tree line and gray or green below the tree line , as
deemed appropriate by the Planning Board , or
(ii) be disguised or camouflaged to blend in with the surroundings , to
the extent that such alteration does not impair the ability of the
facility to perform its designed function.
(c) Accessory structures shall maximize the use of building materials , colors ,
and textures designed to blend in with the natural surroundings .
(d) Each application for a proposed facility shall be accompanied by a State
Environmental Quality Review ( " SEQR" ) Full Environmental Assessment
Form ( " EAF " ) . A Visual Environmental Assessment Form (Visual EAF)
shall be required as an addendum to the Full EAF . Either the Planning
Board or the Board of Zoning Appeals may require submittal of a more
detailed visual analysis based on the results of the Visual EAF .
(e) The facility have appropriate vegetative buffering , satisfactory to both the
Planning Board and Board of Zoning Appeals , around the fences of the
tower base area , accessory structures and the anchor points of guyed
towers to buffer their view from neighboring residences , recreation areas ,
or public roads . The Planning Board or Zoning Board of Appeals may
similarly require screening adjacent to waterways , landmarks , refuges ,
community facilities , or conservation or historic areas within common
view of the public .
(f) Without limiting the requirements of the preceding paragraph , existing on-
site vegetation shall be preserved to the maximum extent possible , and no
5
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cutting of trees exceeding four (4) inches in diameter (measured at a
height of four (4) feet off the ground) shall occur in connection with the
telecommunications facility prior to the granting of special approval and
site plan approval . Clearcutting of all trees in a single contiguous area
exceeding 20 , 000 square feet shall be prohibited .
(g) Either the Board of Zoning Appeals or the Planning Board , or both, may
require additional information, such as line-of-sight drawings , detailed
elevation maps , visual simulations , before and after renderings , and
alternate tower designs to more clearly identify adverse impacts for the
purpose of their mitigation.
(h) Equipment or vehicles not used in direct support, renovations , additions
or repair of any telecommunications facility shall not be stored or parked
on the Facility site .
8 . Access and Parking :
(a) Access ways shall make maximum use of existing public or private roads
to the extent practicable . New access ways constructed solely for
Telecommunications Facilities must be at least twelve ( 12) , but no more
than twenty-four (24) ft. wide , and closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion potential .
(b) The road surface (driveways) shall be centered within access ways and
shall not comprise more than 60 % of the width of the access way .
(c) Parking areas shall be sufficient to accommodate the usual number of
service vehicles expected on the premises at any one time . Space off of
public highways shall be provided (not necessarily in parking areas) to
accommodate the greatest number of service vehicles expected on the
premises , at any one time .
(d) Driveways or parking areas shall provide adequate interior turn-around ,
such that service vehicles will not have to back out onto a public
thoroughfare .
9 . Security .
(a) Towers , anchor points of guyed towers , and accessory structures shall
6
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each be surrounded by fencing at least eight (8) ft . in height, the top foot
of which may , at the discretion of the Planning Board in deference to the
character of the neighborhood , be comprised of three-strands of barbed
wire to discourage unauthorized access to the site . The Planning Board
may waive the requirement of fencing if, in its discretion, it determines
that other forms of security are adequate , or that, by reason of location or
occupancy , security will not be significantly compromised by the
omission, or reduction in size , of the otherwise required fencing .
(b) Motion-activated or staff-activated security lighting around the base of a
tower or accessory structure entrance may be provided if such lighting
does not project off the site . Such lighting should only occur when the
area within the fenced perimeters has been entered .
(c) There shall be no permanent climbing pegs within fifteen ( 15) feet of the
ground of any tower .
(d) A locked gate at the junction of the access way and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles . Such gate
must not protrude into the public right-of-way .
10 . Engineering and Maintenance .
(a) Site plans for all Telecommunications Facilities must be bear the seal of
a professional engineer licensed to practice in the State of New York.
Every facility shall be built, operated and maintained to acceptable
industry standards , including but not limited to the most recent , applicable
standards of the Institute of Electric and Electronic Engineers ( " IEEE " )
and the American National Standards Institute ( " ANSI " ) .
(b) Every Facility shall be inspected at least every second year for structural
integrity by a New York State licensed engineer . A copy of the inspection
report shall be submitted to the Zoning and Building Code Enforcement
Officer . Any unsafe condition revealed by such report shall be corrected
within ten days of notification of same to the record landowner on which
the facility is constructed . The time period for correction may , on
application of the landowner or owner of the facility , be extended by the
Zoning Board of Appeals if it is impracticable to complete the correction
within said ten days and if there is no imminent danger to life , limb , or
other person' s property . If the unsafe condition is not corrected within
7
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the applicable time period , or if the required inspection is not provided to
the Town the special approval for construction of the facility may , after
a hearing by the Zoning Board of Appeals on at least ten days ' prior
notice to the landowner of record given by certified mail , return receipt
requested , or other equally effective manner of providing notice , be
revoked by such Board . Revocation may occur only if the Board finds
either (a) that the required inspection has not been provided or (b) that
there is an unsafe condition which poses a risk of bodily injury or
significant property damage . Upon such revocation, the facility shall be
removed or dismantled to the point of removing all unsafe conditions .
(c) A safety analysis by a qualified professional must accompany any special
permit or site plan application, renewal thereof or modification, for the
purpose of certifying that general public electromagnetic radiation
exposure does not exceed standards set by the FCC or any permit granted
by FCC .
(d) The municipality , at the expense of the applicant, may employ its own
consulting assistance to examine the application and related documentation
and make recommendations as to whether the criteria for granting the
special approval have been met, including whether the applicant' s
conclusions regarding need , co-location, safety analysis , visual analysis ,
and structural inspection, are valid and supported by generally accepted
and reliable engineering and technical data and standards .
110 Removal .
(a) At the time of submittal of the application for a special approval for a
telecommunications facility , the applicant shall submit an agreement to
remove all antennas , driveways , structures , buildings , equipment sheds ,
lighting , utilities , fencing , gates , accessory equipment or structures , as
well as any tower(s) dedicated solely for use within a telecommunications
facility if such facility becomes technologically obsolete or ceases to
perform its originally intended function for more than twelve ( 12)
consecutive months . Upon removal of said facility , the land shall be
restored to its previous condition, including but not limited to the seeding
of exposed soils .
(b) At the time of obtaining a building permit, the applicant must provide a
financial security bond for removal of the telecommunications facility and
8
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property restoration, with the municipality as the assignee , in an amount
approved by the Planning Board, but not less than fifty thousand ($50 , 000)
dollars .
(c) At times of modification of the special approval , the Planning Board may
adjust the required amount of the financial security bond to adequately
cover increases in the cost of removal of the telecommunications facility
and property restoration.
12 . Application . The application for a special approval for the construction of a
telecommunications facility shall include , without altering any other application
requirements set forth in this Article or elsewhere in this ordinance :
(a) A completed project application form in such detail and containing such
information as the Town Planning Board or Zoning Board of Appeals may
require .
(b) Completed EAF and Visual EAF .
(c) Site plan in accordance with the requirements for site plans generally , and
if more detailed , in accordance with the site plan requirements of this
section including , without limitation
(i) The exact location including geographic coordinates of the
proposed telecommunications facility including any towers , guy
wires and anchors , if applicable ;
(ii) The maximum height of the proposed facility , including all
appurtenances ;
(iii) A detail of tower type , if any , including engineering drawings
from the tower manufacturer (monopole , guyed , free-standing , or
other) ;
(iv) The location, type and intensity of any lighting on the tower ;
(v) Property boundaries and names of all adjacent landowners ;
(vi) Proof of the landowner' s consent to the erection of the facility and
agreement to abide by the ordinance if the applicant is not the
9
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landowner ;
(vii) The location of all other structures on the property and all
structures on any adjacent property within one hundred feet of the
property lines , together with the distance of these structures from
any proposed tower;
(viii) The location, nature and extent of any proposed fencing ,
landscaping and screening ; and
(ix) The location and nature of any proposed utility easements and
access roads or drives .
(d) Agreement that the applicant will negotiate in good faith with any .
subsequent applicant seeking to co-locate a telecommunications facility on
the initial applicant ' s structures . This agreement shall commit the initial
applicant and landowner and their respective successors in interest to :
(i) Respond in a timely , comprehensive manner to a request for
information from a potential shared-use applicant.
(ii) Negotiate in good faith for shared use by third parties . .
(iii) Allow shared use if an applicant agrees in writing to pay
reasonable charges for same .
(iv) Make no more than a reasonable charge for shared use , based
upon generally accepted accounting principles . The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning , project administration, land costs , site design,
construction and maintenance , financing , return on equity , and
depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing
electromagnetic interference or causing uses on the site to emit
electromagnetic radiation in excess of levels permitted by the FCC .
(e) The agreement for removal of the facility referred to above .
(f) Copies of all documents submitted to the FCC or any other governmental
10
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agency having jurisdiction.
(g) Any applicable application or other fees , including any deposits required
by the Town for application to the costs of any consultants retained by the
Town as provided above .
13 . Miscellaneous .
(a) Any special approval or site plan approval granted hereunder shall be
valid only for the dimensions and number of structures for the
telecommunications facility contained in original application as so
approved . Any subsequent changes or modifications shall require a new
application for same following the procedures set forth in this section.
(b) In considering the application, both the Planning Board and the Zoning
Board of Appeals may , if the application is granted, impose such
reasonable conditions as either body may deem necessary to minimize any
adverse impacts of the facility or its construction, or to assure continued
compliance with the terms of this ordinance . Any conditions
recommended by the Planning Board relating to the special approval shall
be included by the Board of Appeals in any special approval granted by
such Board . Any waiver that is given by the Planning Board pursuant to
the terms of this section may be reviewed and modified by the Board of
Appeals .
Section 2 . Partial Invalidity . If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not, affect any other provisions of this local law
which shall remain in full force and effect .
Section 3 . This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal .
11
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable .)
(Final adoption by local legislative body only .)
I hereby certify that the local law annexed hereto, designated as local law No . 4 of 1998
of the (qaMIW)(t�bIZ)(Town)(ARJW) of TTHACA was duly passed by the
TOWN R04RD
on MAY 11 193fL, in accordance with the applicable provisions of law.
Tame of Legislative ody
2 . (Passage by local legislative body with approval , no disapproval or repassage after disapproval
by the Elective Chief Executive Officer' .)
I hereby certify that the local law annexed hereto , designated as local law No . of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19
ective Chief Executive Officer• —2
in accordance with the applicable provisions of law.
(Final adoption by referendum .)
tereby certify that the local law annexed hereto , designated as local law' No. of 19
he (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
me of Legislative Body
disapproval) by the on 19_. Such local law was
Elective Chief Executive Officer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special )(annual) election held on
19 , in accordance with the applicable provisions of law.
4 . (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum .)
I hereby certify that the local law annexed hereto , designated as local law No . of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)( not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_. Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
in accordance with the applicable provisions of law.
ective Chief Executive Officer means or includes the chief executive officer .of a county elected on a
unty- wide basis or, if there be none , the chairman of the county legislative body, the mayor of a city
or village , or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances .
( 2)
7
1 Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County , NY ONLY
PART I - PROJECT INFORMATION (To be completed by A pplicant or Project Sponsor)
1 . Applicant/Sponsor: 2. Project Name : Local law relating to
construction & maintenance of I
Town of Ithaca Town Board t
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map ) :
Townwide
Tax Parcel Number: ,
4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? X I
5. Describe project briefly: ( Include project purpose, present land use, current and future
-construction plans, and other relevant items) :
Enactment of a local law amending the Town of Ithaca Zoning Ordinance
relating to the construction and maintenance of telecommunication facilities .
The proposed local law provides standards through a special approval
process for siting , design , maintenance and removal of telecommunication
towers and related facilities .
(Attach secarare sheet( sl if necessary to adecuataiv descrit:e the orccesed prciec.J
mount of land affected : Initially (0-5 Y rs)TownX. 1p (s-10 Y rs) _ Acres (> ' I 0 Y rs) Acres
7. How Is land zoned presently? I
Various zoning districts townwide .
8. Will proposed action comply with existing zoning or other existing land use restrictions ?
YES X NO If no, describe conflict briefly:
9. Will proposed action lead to a request for new :
Public Road? YES NO �_ Public Water? YES NO Public Sewer? YES NO
10. What Is the present land use in the vicinity of the proposed project? Residential Commercial I
Industrial Agriculture Park/ Forest/Open Space _ Other
Please Describe: Local law would apply to lands townwide .
11 . Does proposed action Involve a permit, approval , or funding, now or ultimately from any other
governmental agency (Federal, State, Local ) ? YES NO X
if yes, list agency name and permit/approval/funding :
12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO X
If yes, list agency name and permit/approval . Also, state whether It will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWL.EEDGE
pplicanvSponsor Name ( Print orb T) /e�),: Catherine Val enti no f SU12eryi snr
gnature : CZ t u /'.ICJ.JC.'✓ Date :
Rev. 8/92
Attachment # 6
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary.)
A* . OQes proposed action exceed any Type I threshold in 6 NYCRR , Part 617. 12 or Town Environmental Local Law?
YES NO If es , coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6?
YES NO X If no , a negative declaration may be suoerseded b another involved agency, if any,
C. Could proposed action result in any adverse effects associated with the following:
(Answers may be handwritten. If legible)
C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste
production and disposal , potential for erosion, drainage or flooding problems ? Explain briefly:
None anticipated .
C2. Aesthetic, agricultural , archaeological, historic, or other natural or cultural resources? Community or
neighborhood . character? Explain briefly:
None anticipated .
C3. Vegetation or fauna, ish , shellfish , or wildlife species , significant habitats, unique natural areas, wetlands , or
threatened or endangered species ? Explain briefly:
None anticipated .
C4. The Town's existing 'plans or goals as officially adopted , or a change in use cr intensity of use of land or other
natural resources ? Exclain briefly:
None anticipated .
CS. Growth , subsequent development, or related activities likely to be induced by he proposed action ? Explain
briefly :
None anticipated .
C6. Long term , short term , cumulative , or other effects not identified in C1 - CS ? Explain briefly:
None anticipated .
C7. Other impacts (including changes in use of either quantity or type of energy) ? Explain briefly:
None anticipated .
to, Is there, or is there likely to be , controversy related to potential adverse environmental impacts?
YES NO X If yes , explain briefly:
E. Comments of staff X CB other attached. (Check as applicable, )
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect Identified above, determine whether it is substantial, large, important, or otherwise
signiflcanL Each effect should be assessed in connection with its (a) setting (te. urban or rural) ; (b) probability of occurring;
(c) duration; (d) irreversibility; (a) geographic scope; and (Q 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.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined , based on the information and analysis above and any supporting
documentation , that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary the reasons supporting thi determin tion.
Tbwn of Ithaca Tbwn Board
Name of Lead Agency Prep is Signature ( If different from Responsible Officer)
Catherine Valentino , Supervisor
Name & Title of Responsible Officer in Lead Agency Signature of Contributing Preparer
Date :
Signature of Responsible Officer in Lead Acenci
. Town Board Meeting 5/ 11 /98
Agenda Item No. 9
SEAR : Proposed Local Law, Amending Zoning Ordinance
Construction and Maintenance Telecommunications Towers
Resolution No. 78
WHEREAS , this action is the enactment of a local law amending the Town of Ithaca
Zoning Ordinance relating to the construction and maintenance of telecommunication
facilities; and
WHEREAS , said proposed local law would provide standards through a special
approval process for the siting , design ; maintenance and removal of telecommunication
towers and related facilities within the Town of Ithaca, and
WHEREAS , this is an unlisted action for which the Town of Ithaca town Board is
legislatively determined to act as Lead Agency in environmental review with respect to
the enactment of local laws; and
WHEREAS , the Town Board , at a public hearing held on May 11 , 1998 . Has
reviewed and accepted as adequate the Short Environmental Assessment Form , Parts
and II for this action ; now, therefore, be it
: RESOLVED , that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and ,
therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact
Statement will be required .
MOVED: Councilwoman Grigorov
SECONDED: Councilman Wolff
DATED: May 11 , 1998
Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilman Klein , aye ;
Councilwoman Harrison , aye; Councilman Conley, aye; Councilman Wolff, aye .
Carried unanimously.
r
1
Joan Lent Noteboom , Town Clerk
Agenda Item No . 8
` i �
5 �
In
Buttermilk Farm � L O ` i li r
APR
C
330 West King Road C8 rU
Ithaca , New York 14850 f
April 18 , 1998 ' H:= 'a
i
Jonathan Kanter
Director of Planning
126 East Seneca Street
Ithaca , New York 14850
Dear Jon .
I am writing in response to your request for comments on the Town ' s
proposed local law regarding telecommunication facilities . Clearly
the Codes and Ordinances Committee has worked hard to research and
draft a local law , I commend their efforts .
The Planners , Town Board , various committees , and citizens of the
Town of Ithaca spent several years carefully considering the
quality of life we wanted in the Town well into the next century .
As you know perhaps better than anyone in the Town , these decisions
were carefully encoded into the Comprehensive Plan and the Open
Space Plan adopted by the Town . Together we have decided . to work
toward promoting and maintaining a Town which embraces the quality
of life provided by expanses of green space , peaceful vistas , and
carefully planned moderate levels of development .
My family used to enjoy such a quality of life day and night on our
farm within the Town . Several years ago a cellular phone tower
( " telecommunication facility " in today ' s parlance ) was built across
the valley on West Hill ( in the Town of Enfield , which has not made
the same commitment the open space as has the Town of Ithaca . ) That
one phone tower radically altered the nighttime atmosphere of our
farm . Instead of looking across the valley at the comforting
barnyard and house lights of other farms and homes , our nighttime
vista is trashed by the omnipresent blinking red lights of that
phone tower . We have considered plantings which would return the
our former peaceful nighttime vista and country atmosphere , but
none could be designed which would leave our daytime view while
blocking this hideous nighttime offense . Nighttime visitors to our
farm invariably exclaim some variation of the following remark .
" What a shame that tower is over there . Otherwise this would feel
like country . " We have made major sacrifices in our family life to
be able to develop and maintain this farm which benefits everyone
in the Town by maintaining a peaceful country vista , yet we have no
protection from other people ( indeed , other farmers ) , selling or
leasing their land for a phone tower which trashes which
significantly reduces our quality of life .
According to the draft local law currently being considered by the
Town , only the few contiguous neighbors have any say when a phone
tower is being reviewed . The thousands of people whose nighttime
peace is shattered by blinking lights would have no voice in such
decisions .
Attachment # 7
The proposed local law attempts to mitigate negative visual impact
by regulating the amount and size of trees that could be cut
down , requiring maximum use of existing towers ( which would
presumably intensify the ugly blinking I see every night across the
valley ) and requiring some minor landscaping . These niceties do not
begin to address the real issue here , which is .
Is the Town of Ithaca willing to acquiesce to a landscape and
skyscape dotted with blinking towers , or are we truly
committed , as the Comprehensive Plan states , to conserving
large tracts of open space with forests , farms , and peaceful
country vistas ?
I am not among the many people who have unquestioningly embraced
the convenience and fun of cell phones . I believe we will soon see
documentation of increased auto accidents due to these phones , and
one day may well see data showing increased incidence of cancer in
people living near these towers , just as an unbiased review of the
data link several types with the electromagnetic radiation emitted
by high tension lines .
In the last decade , a few municipalities in the U . S . bucked the
then-prevailing notion that nuclear waste posed no hazard ; they
courageously passed local laws banning or severely restricting the
transporting of nuclear wastes across their roads . Gradually others
followed their leadership to protect local citizens . I am asking
the Town of Ithaca to take comparable leadership on the
telecommunication issue .
We do not need to bow to bullying by the Federal government or
pleading of a few local landowners and businesses on the
telecommunication facilities issue ; we can instead choose to uphold
the Town ' s excellent Comprehensive Plan by sending out a clear
message that the Town of Ithaca does not welcome these towers .
These are my own opinions , I did not convene a meeting of the Town
Agriculture Committee to review the draft local law since the Town
appears to have sent the same mailing to all members of the
committee .
Best regards ,
Christiana Dean , Chair
Town of Ithaca Agriculture Committee
Agenda Item No, 28(a)
Town Clerk's Monthly Report
Presented : " Town Board Meeting - May 11 , 1998
Town Clerk: The Town Clerk and the Deputy Town Clerks, Mary J . Saxton and Debra
Kelley attended the New York State Town Clerks Association 16th Annual Conference
from April 19-22 , 1998, Deputy Kelley attended the Notary Public Instructional Class
and took the Notary Public examination . During the conference many interesting and
educational sessions were held related to the duties and responsibilities of the Town
Clerk's office . The session topics with a brief description are listed below:
Committee on Open Government - Presenter: Executive Director, Robert Freeman .
Concerns related to " Public Access to Records of State and Local Agencies" , including
the latest information on the release of electronic records . Attended by: Town Clerk
Noteboom , Deputy Saxton , Deputy Kelley,
Dog Licensing Updates - Presenter: Jo Amy Guild , Unit Manager NYS Department of
Agriculture and Markets . Addressed the new aspects of the spay/neutering program ,
concerns regarding the basics of dog licensing , and electronic transferring . Attended
by: Deputy Saxton , Deputy Kelley,
Practicing Safe Notary in the '90's - Presenter: Justice Alfred E . Piombino . Simulated
situations to receive practical tips on minimizing legal liability when performing notarial
acts , fraud prevention techniques , and other helpful suggestions. Attended by: Town
Clerk Noteboom . All received a free copy of the publication , "Notary Public Handbook,
A Guide for New York".
Sports Licensing and Revenue Accounting - Presenter: Peg Sauer, Department of
Environmental Conservation . Session provided information and updates on the
conservation licenses and reporting procedures and problems. Attended by: Town
Clerk Noteboom , Deputy Saxton , Deputy Kelley.
Racing and Wagering - Presenter: Edward J . Martin , Executive ,Director, NYS Racing &
Wagering ; Darryl Meissner, Regional Director. Addressed questions related to Bingo,
Games of Chance, and Raffles licensing and reporting . Attended by: Town Clerk
Noteboom , Deputy Saxton , Deputy Kelley,
Vital Records ( Marriages) - Presenter: Peter Carucci , Director NYS Department of
Health . Session addressed problems , areas of concern , and reporting of marriages .
Particularly the confidentiality of the license and what information from licenses can be
disclosed under the Freedom of Information Law. Attended by: Deputy Saxton .
Town Clerk Basics - Presenter: Alice Hunt, Victor Town Clerk. Session offered
assistance in coping with the widespread scope of responsibilities . First session dealt
with Meetings, Minutes , & Indexing . Second session dealt with cash accountability,
Attachment # 8
petty cash , vouchers , records management, and questions . Attended by: Town Clerk
Noteboom , Deputy Kelley.
NYT Working with Local Governments = Presenter: Tom Milner, NYT Project Director
and Anne Marie Rainville, Local Government Project Coordinator. The class presented
the latest information on the development and facilitation of new applications for state
and local government transactions . The NYT is a secure information network that will
link all government agencies in New York State together. It is an "intranet" for use by
State and Local governments as well as certain not-for- profit organizations that do
business with government in New York State. The NYT will offer users a core set of
applications such as e-mail and Internet access .
New York State is building a fiber optic network alongside of the New York State
Thruway, extending into the major metropolitan areas of the State . Construction of the
network will be completed in early 1998. The network forms the foundation of the NYT.
Through negotiated contracts , Sate and Local government agencies will be able to
lease communications lines to connect to the NYT and join this cooperative. Attended
by: Town Clerk Noteboom , Deputy Saxton ,
Rolling Classroom , Capitol Tour: We were transported by bus into Albany to tour the
Capitol, and the Legislative Office Building . After our tour of the Capitol we were taken
to a reception at the Governor' s Mansion .
Records Mana4ement : The Records Management Advisory Board met on April 28.
The Board reviewed and made revisions to the job description for the ' Network Records
Technician . This job description is being presented to the Town Board at their May 11 ,
1998 for review and consideration of approval .
The Board agreed that all records will be reviewed and inventoried during the summer
months. The Records Management Officer has arranged with Suzanne Etherington ,
SARA Regional Advisor to assist in a one day in-house seminar for all staff during the
month of June.
Ms Etherington , the Town Clerk , and Deputy Town Clerks will review methods for the
review, disposition , and inventorying of records. The plan is to schedule for disposition
any out dated records , and prepare all other files for the move to the new Town Hall .
Instruction will also be given on how to identify records and files as to their value , i . e .
historical , permanent, copies . Also, staff will instructed on how to catalog any newly
created records so that we do not move them unnecessarily.
Tax Collection : The collection of the 1998 billings will be turned over to Tompkins
County the first week in June . Since the end of the month of May is on a Sunday, we
will be accepting payments on June 1 , as payments made for May without any
additional interest or penalties .
'TOWN CT_. T? RK �: MO .N : CI37:.. Y R .1_a1. > C7R '1.`
TOWN OF ITHACA , NEW YORK APRIL , 1998
TO THE SUPERVISOR : PAGE 1
Pursuant to Section 27 , Subd 1 of the Town Law , I hereby make the following statement of all fees and moneys received by me
in connection with my office during the month stated above , excepting only such fees and moneys the application and payment
of which are otherwise provided for by law :
1997 SPORTING LICENSES
1998 SPORTING LICENSES 7 . 00
1 MARRIAGE LICENSES NO . 98006 TO 98006 8 . 75
AGRICULTURE REPORT
COPY AERIAL PHOTOS
1 MISC . COPIES 7 . 50
COMPREHENSIVE PLAN
ENVIRONMENTAL REVIEW
1 MARRIAGE TRANSCRIPT 10400
NOISE ORDINANCE
RETURNED CHECK - CLERK
RETURNED . CHECK - TAXES
1 RETURNED CHECK — W&S 11 . 00
OPEN SPACE REPORT
POSTAGE
SIGN ORDINANCE
_ SUBDIVISION REGULATIONS
7 TAX SEARCH 35 . 00
WATER & SEWER SEARCH
3 ZONING ORDINANCE 25 . 50
A1255 TOTAL TOWN CLERK FEES 104_75
A1555 70 DOG ENUMERATION @ $ I . 00 70900
A1556 SPCA CONTRACT 355_48
A1557 1 SPCA IMPOUND FEES 50 . 00
A2530 GAMES OF CHANCE LICENSES
1 BINGO LICENSES 195 . 00
BINGO FEES 18 . 37
A2540 TOTAL A2540 213__37
i
A2544 70 DOG LICENSES@ $ 2 . 00 140 - 00
Paid to Supervisor for General Fund _____933 . 60
Paid to NYS DEC for 1998 Sporting Licenses ___ _103 _, 0. 0
Paid to County Treasurer for Dog Licenses __ 125_52_
Paid to Ag & Markets for Dog Licenses 36 . 00
Paid to NYS Health Department for Marriage Licenses
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Bingo Licenses __ _ 292 . 50
Total Disbursements 1 , 501 . 87
MAY 5 , 1998 �nt +, � v�v� cY SUPERVISOR
STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA
JOAN LENT NOTEBOOM , being duly sworn , says that she is the Clerk of the TOMB OF ITHACA
that the foregoing is a full and true statement of all Fees and Moneys received by her during the month above stated ,
excepting only such Fees the application and payment of which are otherwise provided for by law .
Subscribed and sworn to before me this a ,., a. ' / e—ke L �.1
� ' Town Clerk
_ _4L day of f _ 19 Mary J. Saxton
`l ry Public, State of New York
Registration #01SA5044003
C� m Qualif[ed in Tinge CountV
Notar Pub c /Councilman " Commission Expires
Sheet2
Town Clerk Fees 1998
Monthly Reports
Town Clerk Fees Dog Enumeration SPCA Contract Dog Impound Fees Bingo Dog License Apport . Totals
A1255 A1555 A1556 A1557 A2540 A2544
January $ 118.75 $ 98.00 $ 450.35 $ - $ - $ 196.00 $ 863. 10
February $ 208.65 $ 72.00 $ 327.30 $ 50.00 $ 8.03 $ 144.00 $ 809.98
March $ 178.80 $ 103.00 $ 560.98 $ 30.00 $ 63.09 $ 206.00 $ 19141 .87
April $ 104.75 $ 70.00 $ 355.48 $ 50.00 $ 213.37 $ 140.00 $ 933.60
May
June
July
August
September
October
November
December
Year to Date $ 610.95 $ 343.00 $ 19694. 11 $ 130.00 $ 284.49 $ 686.00 $ 39748.55
Receiver of Taxes - Monthly Report
Presented 5/11 /98
Page 2.
1998 In Lieu of Taxes
Due: Groff Associates, Ellis Hollow Elderly Housing $ 19629913
Ithaca Elm- Maple Houses , Inc. $ 2 , 681 . 05
TOTAL IN LIEU OF TAXES ESTIMATED TO BE RECEIVED: $ 4, 310 . 18
Received : Groff Associates , Ellis Hollow Elderly Housing $299013675
(Town Portion - $ 1 , 528 . 75 , School Portion - $21 , 381 . 96, County Portion - $6103. 04)
* In Lieu of Tax Elm - Maple Houses , Inc. , is unknown until received in April/May.
Payment based upon gross basic rents , calculated by HUD.
Total Tompkins County Warrant . $ 41047931146
Warrant Payments to Tompkins County:
2/10/98 1st Payment 1998 Warrant $20500, 000 . 00
2/18/98 2"d Payment = 1998 Warrant 900000600
3/5/98 . 3rd Payment - 1998 Warrant 1051000. 00
3/25/98 4th Payment - 1998 Warrant 257000. 00
4/10/98 5th Payment - 1998 Warrant 30, 000: 00
4/ 17/98 6th Payment - 1998 Warrant 409000000
5/6/98 7th Payment - 1998 Warrant 55, 000 . 00
Balance Due Tompkins Co. Warrant. $11202931146
Misc. Payment to Tompkins County:
2/13/98 First Installment Services Charges $309511877
3/5/98 Interest Receiver Checking - February 909498
4/10/98 Interest Receiver Checking - March 4830
5/6/98 Interest Receiver Checking - April 36 . 07
$31 , 506. 62
Agenda Item No. 28(a)
1998 TAX COLLECTION
RECEIVER OF TAXES
April 1998 - Monthly Report
Presented May 11 , 1998
1998 Tax Warrant - Town of Ithaca
Total Town Warrant (Levy) . $317089360.98
General Fund Levy - $ 1 , 005 , 450 . 98 Water Fund Levy - $ 464 , 360 . 00
Sewer Fund Levy - $ 598 , 179 . 00 Fire District Levy - $ 1 , 6289612900
Lighting Districts Levy - $ 119759000
Total Payments for Warrant to Town of Ithaca Supervisor: $3 , 7089360. 98
TOTAL WARRANT BALANCE DUE: $ -0-
Miscellaneous Payments to Town Supervisor.
1
1 /31 /98 Receiver Checking Account - Interest January $ 346 . 51
2/28/98 Receiver Checking Account - Interest February 2738
4/10/98 . Receiver Checking Account - Interest March 1 . 73
5/6/98 Receiver Checking Account - Interest April 1 . 12
Total : $ 376. 74
3/5/98 Int . & - Penalties on Tax Bills - February $ 1368. 84
4/9/98 Int . & Penalties on Tax Bills - March 1018. 41
5/6/98 Int. & Penalties on Tax Bills - April 3041 . 43
Total : $ 5428. 68
Total No . of Tax Bills on Warrant : 5 , 124 Total Tax Bills Processed : 4, 474
Total Collections - April 1998 $929246682
Agenda Item 28b
HIGHWAY DEPARTMENT'S MONTHLY REPORT, APRIL 1998
TOWN OF ITHACA TOWN BOARD MEETING, MAY 11, 1998
Highway Sulerintendent' s
The Safetv Committee had an organ ona
izatil meeting on April 2, 1998. The Committee
has decided to meet every other month ort the first Thursday. The Committee designed
a " Potential Safety Hazard" form so that employees can voice their concerns. The
Committee will review these concerns at each meeting, along with other safety issues.
Deputy Highway Superintendent' s
During April, the Highway/ Parks crews started working on the Eastwood Commons
project. Other Permanent Improvement projects include reinforcing the stream bank on
Burns Road and putting in underground drainage on Elm Street Extension. We spent
288 hours of time on the Eastwood Commons project, 185 hours of time on the Burns
Road project, and 253 hours of time on Elm Street.
April 13, 1998, commenced the semi-annual brush and leave pick up . This took 518
hours of time to complete this task.
Other projects, such as hauling materials, patching roads, etc., took 547 hours of time.
We spent 115 hours of time on routine sewer maintenance and 235 hours of time on
routine water maintenance. These totals include lawn repairs from previous water and
sewer breaks .
We spent 278 hours of time on machinery maintenance.
Parks Maintenance Manager' s
Mowing was begun earlier than normal and our bikeways were trimmed back prior to
leafing out. This took 69 hours .
Lawn restorations at several park sites were done, requiring 22 hours .
The Community Service Alternate Program planted 100 trees at the Eastern Heights
basketball court and 180 native wildflowers at the Crescent Place ramp to the South Hill
Trail. Coordinating these projects took 4 hours .
Repairs to Winner' s Circle Trail and work to correct drainage problems below Pearsall
Place on South Hill Trail took 36 hours .
Attachment # 9
.✓ Agenda Item 28b
Routine maintenance tasks rounded out the month, totaling 279 hours.
May Projects
1 . Continue working on Eastwood Commons project.
2. Work on Honness Lane Drainage. project.
3 . Hauling materials
4. Misc. Training's
5 . Finish lawn restorations and seeding jobs.
6. Continue mowing and ball field maintenance.
7. Replacement plantings at several sites.
8 . Paint stripes on basketball courts.
9 . Finish Winner's Circle Trail relocation.
10. Right-of-Way Mowing.
ghk
Town Engineer's Report for 5/11/98
Town Board Meeting
DEVELOPMENT REVIEW
Sanctuary Drive
Monitoring of drainage and sediment control measures continues. Will be coordinating with Highway
Superintendent to have developer clean road ditches and restore disturbed areas during the spring of 1998 .
Ithaca College
Construction of the HSHP and the Music Center building improvements continue to be monitored for
stormwater management impacts. The restoration grading plan for the excavation spoil area has been
prepared and reviewed as part of the recreation center site plan review. Final construction plans for the fill
area will be submitted and reviewed by the Town Engineer prior to issuance of a building permit for the
Recreation Center.
Ithacare
Court Street Companies, the General Contractor, has continued with site construction. Phase 11 erosion
and sediment control improvements are in place as the mass earth work is nearing completion and the site
drainage improvements are being installed. Final site restoration is expected to be complete in early
summer.
Mecklenburg Heights
Final design will require additional detail and coordination with the City of Ithaca and State DOT to ensure
that down stream drainage systems will not be adversely effected. Water supply improvements are under
design. and the Town Engineer is preparing plans for installation of a watermain along Mecklenburg Road
wich will serve the project site and several other properties in the Town. The plan includes a connection to
the City of Ithaca watermain near the intersection of Hector Street and Warren Place. This will reinforce
the water supply to City parcels that are served from the Town' s Trumansburg Road tank zone, and serve
as a backup line to the Trumansburg Road water main.
Sterling House and Cottage, Trumansburg Road at Bundy Road
The Town engineer has been reviewing the preliminary site plans and engineering details for the proposed
adult care facilities to be located on .a portion of the Perry Farm (Shalebrook Subdivision). The project is
incorporating a storm water management system including a detention basin to control runoff from the
project site. The proposed project also includes construction of water and sewer system improvements.
The Town Engineer has been working with the developer' s engineer to develop the water, sewer and
drainage plans in compliance with Town requirements.
EARTH FILL PERMITS
Five Mile Drive, Immaculate Conception
No activity on the site during February. The Contractor has indicated that the final grading and site
restoration will be completed as soon as the spoil is dry enough to be worked effectively.
Attachment # 10
TOWN ENGINEERS REPORT 5 / 11 / 98 ' PAGE 2
FLOOD CONTROL CHANNEL REHABILITATION PROJECT
No activity on the site during January. Final site cleanup and restoration will be completed in the Spring of
1998 .
WATER PROJECTS
The Town Engineer is continuing to work with the City Engineer and SCLIWC member municipal
engineers on the engineering evaluation to include the entire water infrastructure for the area. The City and
SCLIWC are evaluating water supply options for the City.
The Buttermilk Falls Road Water Main replacement is substantially complete, with final site restoration
planned for May.
The Town Engineer is completing the design and engineer' s estimate for an 8" watermain
improvement on Mecklenburg road which will be installed in cooperation with the Mecklenburg
Heights development .
SEWER
The Buttermilk Falls Road Sewer extension is substantially complete, with only site restoration work
remaining to be completed in May.
STORMWATER
Development of the Townwide watershed evaluation is continuing. Base maps were developed utilizing
the digital planimetnc map.
Processing of the field data and development of the watershed model for the Northeast Ithaca area is
underway. The model will result in recommendations for drainage improvements that will be incorporated
into the 1998 work plan.
A preliminary evaluation of the data and watershed analysis indicates that infrastructure improvements for
stormwater management will be primarily capacity improvements for the existing road drainage system.
Some stormwater detention may be recommended prior to additional development of the area. The Town
Engineer is evaluating the large undeveloped parcels in the area for potential stormwater management
facility sites.
TOWN ENGINEERS REPORT 5/11 /98 PAGE 3
TOWNHALL
The schematic design process for the renovation of the Tioga Street Post office is continuing. The
schematic layout has prepared by the Architect and modified several times after review by the department
heads and staff. Staff has had an opportunity to visit the HOLT&C offices which have work space very
similar to the proposed town hall space. A project budget is being prepared by the Budget Officer and
Town Engineer. This budget is based on the original estimates provided by the Architect and will be
updated as the project progresses.
C IRPTSENGRIERM805.REP
Agenda Item # 28(d)
Planning Director's Report for May 11 , 1998 Town Board Meeting
DEVELOPMENT REVIEW
The following are actions that were considered by the Planning Board.
Cornell University Lake Source Cooling Project, 983 East Shore Drive
The Planning Board at its April 7, 1998 meeting continued consideration of
approval of its Statement of Findings regarding Cornell University's proposal to
construct a chilled water plant and a proposed route for chilled water lines in
conjunction with the Lake Source Cooling Project, and adopted its Statement of
Findings at that meeting. Actions before the Town of Ithaca Planning Board include
the referral from the Town Board requesting a recommendation from the Planning
Board regarding the proposed rezoning of the site of the proposed chilled water
plant from Business District "E" to Special Land Use District (SLUR), as well as site
plan approval and subdivision approval for the project, located at 983 East Shore
Drive on a 3.12 + / - acre portion of Town of Ithaca Tax Parcel No. 19-1 -5, Business
District "E" , and additional lands within the Town of Ithaca affected by the pipeline
route. The Planning Board then held a public hearing April 7th to consider
Preliminary Site Plan Approval, Preliminary Subdivision Approval, and .a
Recommendation to the Town Board regarding the proposed rezoning and after
closing that public hearing, approved all of the above actions.
[Note: The Town Board had tentatively scheduled a public hearing for May 7th to
consider the rezoning request, but that hearing was postponed by the Supervisor in
order to work out some remaining details with Cornell regarding the Lake Source
Cooling project. A new hearing date will be set at the May 11th Town Board
meeting (refer to Agenda Item No. 16) .]
Sterling House of Ithaca & Sterling Cottage (formerly Woven Hearts), Trumansburg
Road and Bundy Road
The Planning Board considered a revised Sketch Plan at the April 7, 1998 meeting
with regard to the proposed rezoning, subdivision and site plan approval for the
proposed construction of two buildings, one a 46 unit - 53 bed assisted living facility
(approximately 28,800 + / - square feet), and the other a 32 unit - 36 bed
Attachment # 11
Alzheimer /memory-care facility (approximately 18,800 + /- square feet), to be
known as Sterling House of Ithaca and Sterling Cottage (formerly Woven Hearts)
respectively, including parking, landscaping and other site improvements, to be
located on 8.24 +/ - acres at the intersection of NYS Rte. 96 /Trumansburg Road and
Bundy Road, Town of Ithaca Tax Parcel No. 27-141 .2, Residence District R-15.
Richard and Mary Perry, Owners; Pioneer Development Company, LLC, Applicant;
Michael J. Villa,. Agent.
The Planning Board then at its April 21 , 1998 meeting, as Lead Agency in regard
to the environmental review, issued a Negative Determination of Significance of
Environmental Impact for the Sterling House of Ithaca & Sterling Cottage
project, thus determining that an Environmental Impact Statement would not be
necessary.
Ithaca College Fitness Center, Danby Road
The Planning Board granted Final Site Plan Approval at the April 7, 1998 meeting
for the proposed construction of a 41 ,712 +/- square foot fitness center, consisting of
exercise and aerobic rooms, offices, locker rooms, and two gymnasiums, situated
just south of Eastman Hall . and immediately adjacent to the outdoor swimming pool
on the Ithaca College campus, located off of Danby Road /Rte. 96B, Town of Ithaca
Tax Parcel No. 41 -1-30.2, Residence District R-15. Ithaca College, Owner/ Applicant;
R. O'Brien, HOLT & C Architects, Agent.
Modification of Condition, Westwood Hills Cluster Subdivision, 132 Woolf, Lane
The Planning Board, at its April 21 , 1998 meeting, granted a modification of
Condition 2(b) of Final Subdivision Approval regarding buffer setback area, which
was granted on October 6, 1987, for the Westwood Hills Cluster Subdivision, in
order to permit a deck addition to a home at 132 Woolf Lane, Town of Ithaca Tax
Parcel No. 23-1 -11 . 114, Residence District R-15. Daniel Hammer and Wendy
Hobbie, Owners /Applicants; Don Crittendon, Crossmore Law Office, Agent.
Recommendation to Town Board regarding a Proposed Local Law Relating to the
Construction and Maintenance of Telecommunication Facilities
The Planning Board , at its April 21 , 1998 meeting, issued a positive
recommendation to the Town Board regarding the enactment of a proposed Local
Law Amending the Town of Ithaca Zoning Ordinance Relating to the Construction
and Maintenance of Telecommunication Facilities.
2
Cornell University Precinct 9 Athletic Fields, Pine Tree Road (behind Tennis Center)
The Planning Board considered a Sketch Plan at the April 21 , 1998 meeting for the
proposed construction of additional athletic fields and facilities at Cornell
University's Precinct 9, located behind and adjacent to the Reis Tennis Center off of
Pine Tree Road on Tax Parcel No's 60-1 -5, 60-1-8.2, 604-9. 1 , 604 -9.2, and 60-1 -18.
Possible new facilities, as described in the "Precinct 9 Planning Study Preliminary
Report," October 1997, include two soccer fields, one multipurpose field, a changing
facility, six indoor squash courts, an outdoor horse show ring at the Equestrian
Center, and the addition of up to 106 new parking spaces in front of the Equestrian
Center.
CURRENT PLANNING DEPARTMENT PROTECTS
The following are significant accomplishments or issues that have been dealt with over
the past month.
SEOR Reviews for Zoning Board :oard : Four (4) SEQR reviews for the Zoning Board were
completed, including the following: (1 ) Wittmer, Lisa and Michael: request for special
approval and variance to add a dwelling unit in the basement of an existing non-
conforming single-family residence, 11 Renwick Heights Road, Residence District R-15;
(2) Ithaca College : request for special approval and height variance for proposed
Fitness Center (described under Planning Board actions above), Danby Road,
Residence District R-15; (3) Schruben, Lee: request for special approval and variances to
enlarge an existing non-conforming single-family house, 869 Taughannock Boulevard,
Residence District R-15; and (4) Montessori School: special approval for an addition on
the School Annex, also variance for parking space in front yard, 117 East King Road,
Residence District R- 151
Codes and Ordinances Committee: The Codes and Ordinances Committee met on
April 15, 1998. The Committee discussed the draft study and proposed local law on
Adult Entertainment Uses, and continued review of the draft of the proposed Lakefront
Residence Zone. The draft study on Adult Entertainment Uses was reviewed, and COC
recommended that adult uses should be permitted only in the LI Light Industrial zone,
with a distance separation restriction of 250 feet from adjacent residential zones,
schools, parks and churches, to minimize the secondary impacts of adult uses on those
adjacent areas . The study is being revised based on that recommendation. Adult uses
would appear to be limited to two LI zoned areas in the Inlet Valley area of the town .
The Planning Board will be considering a recommendation on the study and draft local
law at their May 19th meeting . The Town Board is being asked to consider setting a
public hearing (possibly for the regular June 8th meeting) to consider enactment of the
proposed local law regulating adult entertainment uses . COC also recommended
extending the moratorium on adult uses, which expires on or about May 9th in order to
3
allow sufficient time to complete the study and revise the draft local law. Extension of
the moratorium is scheduled to be considered by the Town Board at the May 11th
meeting.
The remainder of the meeting focused on continued discussion of the proposed
Lakefront Residence zone, and in particular, what kind of building and structural
limitations should be applied to the shoreline area . It is anticipated that this first round
discussion of the Lakefront zone will be completed at the May COC meeting. A revised
version of the Agricultural zone was distributed and will be discussed at the May
meeting, which is scheduled for May 20, 1998.
Town of Ithaca - Cornell University Transportation Committee: The Committee did not
meet in April . The next meeting is scheduled for May 11 , 1998 at 1 :00 p .m . Agenda
items will include: follow-up discussion regarding intermunicipal coordination of
bicycle plans and, in particular, the City of Ithaca's Bicycle Plan; follow-up discussion
on the scheduled installation by NYSDOT of the Caldwell Road traffic signal;
discussion of the City of Ithaca' s proposed residential parking permit system; and a
report on the recent meeting with NYSDOT regarding their proposal to replace the
Route 366 bridge at Pine Tree Road . [A copy of the memo from the Town Board to the
City regarding the Bicycle Plan, dated April 20, 1998, is attached. ]
Northeast Subarea Transportation Study (NESTS) : Working Group members have
completed individual meetings with community groups, businesses and institutions to
get further input on transportation problems and issues affecting the study area. The
April 30th meeting focused on developing statements of goals and objectives, and
additional data regarding traffic volumes was presented by Creighton Manning
Engineers . A joint Client Committee-Working Group meeting is scheduled for May 14,
1998 at 5 :30 p .m . to discuss the status of the project. A special public meeting is
scheduled for Saturday, May 16, 1998, at the DeWitt Middle School from 9: 00 a .m . to
12:00 noon, to report on the status of the NESTS project and to obtain further input
from the public on transportation issues and priorities in the study area (refer to
attached flyer) .
ITCTC Planning Committee: The Ithaca-Tompkins County Transportation Council
Planning Committee met on April 21 , 1998 . The following items were discussed :
upcoming Triphammer Road reconstruction in the Village of Cayuga Heights (will
include sidewalk, bicycle lanes, turning lanes at Kendall and Winthrop Drive) ; an
update of the NESTS study; a draft county-wide road construction map showing
scheduled projects; a map showing proposed changes in the Federal-aid road system;
and a discussion of a draft report entitled, "Ecology and Urbanism," by Joan Bokaer
and John Schroeder, proposing ways to revitalize the Ithaca urban area and facilitate
public transit. The next meeting is scheduled as a joint Policy / Planning Committee
meeting on Tuesday, June 16, 1998, at 2:00 p. m.
4
APA Conference , Boston: The Director of Planning attended the American Planning
Association (APA) Conference in Boston, Mass . , from April 4th through 8th, . 1998. It
was an extremely worthwhile conference with a wide range of seminars and programs.
Among the sessions attended were : Citywide Institutional Planning and Zoning
(several communities discussing experiences with master plans and zoning for
universities, hospitals and other institutions); Regional Planning at the Century's End (a
commentary on the status of regional planning in the U.S. and how it has been applied
successfully in several areas, including Cape Cod, Mass., Maryland, and Lake Tahoe);
Gaining Acceptance for Higher Density Housing (how the perception that higher
density housing means lower quality design, more crime, etc, can be avoided) ; Rural
Change and Metropolitan Fringe (a discussion of the forces shaping rural changes in
America and Australia); Boston Waterfront Revitalization (a presentation on the success
of the Boston Harbor cleanup, which has been the basis for new and revitalized public
open space on the waterfront); Introduction to Desktop GIS for Planning Directors (an
overview of the ArcView GIS program through sample applications - note: ArcView is
one of the GIS programs used in our Planning Department); and Boston Civic Design (a
walking tour of downtown Boston, including a range of buildings and open space
design and the roles of the Boston Redevelopment Authority and the Boston Civic
Design Commission in reviewing plans for new development in the city) . In addition
to notes and materials collected from individual sessions, "Proceedings of the 1998
National Planning Conference" are available for inspection in the Planning
Department.
NYS Preservation League Conference , Ithaca : The Town Supervisor and Director of
Planning worked together to prepare a presentation and slide show regarding the
town' s process for finding a new town hall site and the process of working out an
agreement with postal officials to purchase the Tioga Street Post Office as a new Town
Hall and leaseback a portion to the Postal Service as a "postal store ." The presentation
was made at the NYS Preservation League Annual Conference held in Ithaca on
Saturday, May 2, 1998 . Other sessions were also attended, including the statewide
preservation awards ceremony held in the State Theater, which was just officially
acquired by Historic Ithaca .
Filename: 17p1an\ townbd \ tpre0598.mem
5
OF rr� 0 P)7
TOWN OF ITHACA
,�, � a 126 EAST SENECA STREET, ITHACA , N . Y . 14850
TOWN CLERK 273-1721 HIGHWAY 273-1650' PARKS 273-a035 ENGINEERING 273-1747 PLANNING 273- 1747 ZONING 273-1783
FAX ( 607) 273- 1704
April 20 , 1998
TO : City of Ithaca
FROM : Carolyn Grigorov , Acting Supervisor on behalf of the Town of Ithaca
RE : CITY BICYCLE PLAN
The Town of Ithaca supports the adoption of measures to provide for
enhancing the environment for bicycle use in our area . We have taken a
number of steps to implement this goal in the Town including adoption of a
Park , Recreation and Open Space plan that includes bicycle paths ,
construction of some paths , commitment to funding the continued implemention
of the plan , and incorporation of paved shoulders along roads where feasible
in order to accommodate bicycles on our roadways . The goal is to serve both
recreational and transportation needs of bicyclists .
To provide for bicycles , we need to work across municipal boundaries . We
are thus pleased that the City is addressing bicycle use and we are
supportive of the adoption of a bicycle plan by the City . We had the
opportunity to review the draft plan some months ago when Jon Meigs from
the City Planning Department met to discuss it with representatives of the
Town and Cornell at a meeting of a standing Town / Cornell Transportation
Committee chaired by Board member Ellen Harrison .
The' Town is supportive of the draft and its adoption . The committee did ,
however , note a need for improved coordination between the City and adjoining
municipalities . There are several sections where bicycle routes shown in
thel City feed onto streets in Cayuga Heights or the Town which are shown in
the; draft plan as bicycle routes but for which there are no current plans
to enhance bicycle use ( and which currently are not conducive to safe
biking ) . Similarly , there are routes where there may be bicycle
accommodation in the Town or ChV but which then hit City streets which are
not conducive to safe biking .
A meeting to coordinate the efforts of the Town , Cornell , the City and CHV
regarding bicycles would probably be very useful . At the March 17 , 1998
meeting sponsored by the City to review the draft plan , in talking to
several City people it was suggested to Ellen Harrison that Steve Ehrhardt ,
Joanne . Cornish and David Kay along with representatives of CHV , the MPO and
DOT be invited to a meeting of the Town / Cornell Transportation Committee to
discuss this .
Please consider this an invitation to those people and / or others from the
City to attend a meeting of the Town / Cornell Transportation Committee
tentatively scheduled for May 11 from 1 - 3 p . m , in the Conference Room at
Cornell Transportation Services on Maple Ave . We anticipate also inviting
representatives of CHV , the MPO and possibly DOT . The Town Planning
Department will be in touch to finalize the date and time .
We look forward to this opportu : ity to work together towards coordinated
bicycle planning .
Page 1
s
Distribution list :
Jon Kanter , Cathy Valentino
Thys Van Cort , Alan Cohen , Joanne Cornish , Steve Ehrhardt , Dave Kay
Ron Anderson , Brendt Cross
Bill Wendt
Fernando de Aragon
Page 2
Northeast Subarea Transportation Study
Public Meeting #2
Saturday, May 16'h ♦ 9 =42pm
DeWitt Middle School Cafeteria
560 Warren Road, (across from BOCES), Ithaca
The Northeast Subarea Transportation
Study (NESTS) focuses on an area that
includes parts of the towns of Ithaca,
Lansing Dryden, Caroline and the
!
a
Village of Cayuga Heights . The
• . {: objective of the study is to address
r
safety, efficiency, access and congestion
! for all modes of travel (auto, truck,
T of 4 transit, pedestrian and bicycle) .
Please come to the public meeting to�
" ♦ Meet the citizen working group and
,:
- - TO" - the consultants
::
I •- �;� �;•� � ♦ See what probl ems and issues have
been identified
♦ Contribute ideas about other
problems
AGENDA
9 : 00 - 9 :45am Welcome and Study Overview ,
9 : 45 - 11 : 30am Informal work groups focused on different geographic regions
within the study area (you may circulate between groups)
11 : 30 - 12 : O0pm Concluding remarks, next steps
For more information contact
Ithaca-Tompkins County Transportation Council, 2745570
TOWN OF ITHACA
REPORT OF BUILDING PERMITS ISSUED
FOR THE MONTH OF APRIL 1998
YEAR TO DATE
TYPE OF PERMIT YEAR # OF PERMITS AMOUNT q AMOUNT
SINGLE FAMILY ATTACHED 1998 0 0 0 0
RESIDENCES 1997 0 0 0 0
SINGLE FAMILY DETACHED 1998 0 0 6 4109000
RESIDENCES 1997 1 50.000 3 230.000
1998 0 0 0 0
TWO FAMILY RESIDENCES 1997 0 0 0 0
1998 3 37,241 5 163,241
RENOVATIONS 1997 2 14,700 6 519258
1998 0 0 1 800
CONVERSIONS OF USE 1997 0 0 1 29500
1998 2 28,800 3 439800
ADDITIONS TO FOOTPRINT 1997 3 1259287 4 155,287
1998 0 0 0 0
MULTIPLE RESIDENCES 1997 0 0 1 2009000
1998 1 Remodel Suite L in Cayuga Pro&zional Ctr 207000 4 1272050
BUSINESS 1997 2 199500 6 1609500
1998 0 0 0 0
AGRICULTURAL 1997 . 0 0 0 0
1998 0 0 0 0
INDUSTRIAL 1997 0 0 0 0
1998 0 0 2 619,500
EDUCATIONAL 1997 1 2,400,000 1 2,400,000
MISCELLANEOUS 1998 0 0 9 80,545
CONSTRUCTION 1997 4 389841 15 130,666
TOTAL NUMBER OF 1998 6 867041 30 19444,936
PERMITS ISSUED 1997 13 216489328 37 3,330.211
TOTAL FEES 1998 6 290 30 2.630
RECEIVED 1997 13 11900 37 2.575
Date Prepare!: May 4, 1998
Dani L. Holford
Building/Zoning Departrnent Secretary
Attachment 412
- 2
CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 7
East Shore Drive - renovate bathroom.
1 Hanshaw Road - 14' x 16' room addition.
3. 6 Tareyton Drive - existing two family dwelling.
4. 138 Indian Creek Road - 636 square foot room addition - temporary.
5. 50 Gray Road - new two bedroom, single-family dwelling - temporary.
6. 326 Stone Quarry Road - change door to window.
7. 23 Marcy Court - finish basement.
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1998 - 36
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 1997 - 38
INQUERIES/COMPLAINTS INVESTIGATED TEO MONTH - 8
1 . 114 Salem Drive - building code - no violation found.
2. 175 Snyder Hill Road - property maintenance - pending.
3 . 654 Coddington Road - building code - pending.
4. 113 Ridgoaest Road - building code - no violations found
5. 827 Elmira Road - zoning violations - pending.
6. 703 Hudson Street Extension - noise - pending.
7. 330 Pine Tree Road - zoning - no violation found.
8. 29 Renwick Heights Road - building code - pending.
VPineRoad - building code - abated.
2. 124 Haller Boulevard - building code - pending.
3 . 171/173 Bundy Road - building code - no violation found.
From February 1998:
1 . 803 Coddington Road - building code - pending.
2. 611 Elmira Road - building code - pending.
From January 1998:
1 . 110 Winston Drive - building code - pending.
From October 1997:
1 . 1447 Trumanssburg Road - building code and zoning violation (illegal apartment) - pending.
From Sepjemlxr 1997:
1 . 119 Woolf Lane - building code - pending.
From July 1997:
VRoad - occupancy - pending
Road - zoning and building code - pending legal action.
U94-F1
1 . 132 Forest Home Drive - building code - pending state hearing on 9/ 19/46 - variance granted - fire alarm installed - exterior stairway pending.
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1999 a 23
TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1997 - 11
TOTAL FIELD VISITS THIS MONTH - 85
Uniform Building Code - 55
Local Law and Zoning Inspections - 19
Fire Safety - 7 (2 churches, 2 motels, I day care, 1 business, 1 apartment [3 units])
Fire Safety Reinspections - 3 ( 1 day care, 1 church, 1 apartment)
Fire/Emergency Occurrences - 1 (house [fireplace])
Fire Occurrence Rehmaction - 0
TOTAL FIELD VISITS YEAR TO DATE, 1998 - 392
TOTAL FIELD VISITS YEAR TO DATE, 1997 - 324
s
A L
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
WEDNESDAY, APRIL 8, 1998
7: 00 P. M.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday. April 81
1998, in Town Hall, 126 East Seneca Street. (FIRST Floor, REAR Entrance, WEST Side), Ithaca, N . Y . ,
COMMENCING AT 7 :00 P. M ., on the following matters :
APPEAL of Lisa and Michael Wittmer. Appellants, requesting a special approval from the Zoning Board of
Appeals under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance. to be permitted to add a
dwelling unit in the basement of an existing non-conforming single- family residence at I 1 Renwick Heights
Road. Town of Ithaca Tax Parcel No. 17-3 -20, Residence District R- 15 . Said property is non -conforming
� a. since it is less than the required 100- foot lot width (having 75 feet) and less than the required 15 .000 square
�
�SO feet lot area (having approximately 11 .23 ' square feet). Additionally, a variance from the requirements of
Article XIII, Section 57 of the Zoning Ordinance is also requested since said section limits non-conforming
building tots to only single- family residences.
APPEAL of Ithaca College. Appellant. Robert J. O' Brien. Agent, requesting a special approval from the
Zoning Board of Appeals under Article IV, Section 11 , Paragraph 3 of the Town of Ithaca Zoning
Ordinance, to be permitted to construct a 30,'_38 y square foot fitness center on the Ithaca College Campus.
GcG� c� Vea, at 953 Danby Road. Town of Ithaca Tax Parcel No. 41 - 1 -30.3, 42- 1 - 13 . 1 , Residence District R- 15 . A
variance from the requirements of Article IV, Section 11 , Subparagraph 6 is also being requested as the
proposed building will be 45 = feet high (38400t height limit).
APPEAL of Lee W. Schruben, Appellant, requesting a special approval from the Zoning Board of Appeals
under Article XII, Section 54 of the Town of Ithaca Zoning Ordinance, to be permitted to enlarge a non-
conforming building/lot at . 869 Taughannock Boulevard. Town of Ithaca Tax Parcel No. 25-2-25 . Residence
District R45 . Said enlargement consists of modification to an existing single-family home with the
N&C�o�.cn t a addition of new first and second story space. Said building/lot is non-conforming, in part, as the house is
currently over the south side yard property line ( 15 foot setback required) and 9 ± feet from the north side
lot line. A building height variance under Article IV, Section 11 , Subparagraph 6 of said ordinance may
also be required as said proposal may approach a building height of approximately 48 ± feet (38 foot height
limitation) .
APPEAL of the Montessori School. Owner, Peter Demjanec. RA, Agent, requesting a special approval from
the Zoning Board of Appeals under Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be
permitted to enlarge a school located at 117 East King Road, Town of Ithaca Tax Parcel No. 43-2-7,
Residence District R- 15 . A variance from the requirements of Article XIII, Section 69 of said ordinance is
also requested as additional automobile parking spaces will be located within the required front yard (25
feet from the road right-of-way line). Additionally, 5 parking spaces will be provided, while 10 are
required.
Said Zoning Board of Appeals will at said time. 7:00 p. m., and said place, hear all persons in support of
such matters or objections thereto. Persons may appear by agent or in person . Individuals with visual or
hearing impairments or other special needs, as appropriate. will be provided with assistance, as necessary.
upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time
of the public hearing.
Andrew S. Frost
Director of Building and Zoning
273- 1783
Dated: April 1 , 1998
Publish : April 3 , 1998
OF 17,
TOWN OF ITHACA
126 LAST SENECA STREET, ITHACA , N . Y. 14850
� Y
t N CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-1704
Town Board Meeting 5/11 /98
Agenda Item No. : 28 (f)
Human Resources April Report
Safety Committee :
The first meeting of the said committee was held April 2 , 1998 at the Highway
Facility . The committee reviewed a committee summary that was developed by
Fred Noteboom to aid the committee and give us a place to begin .
Recommendations were made to improve the wording and organization of this
summary . The committee established a meeting schedule for 1998 . Per Gail
Kroll , Highway Administrative Assistant, the Town Board has received a draft
copy of the April minutes .
Training :
Computer classes at the Tompkins Cortland Community College Extension
Center were held in April . The classes offered were Intermediate Excel 5 . 0 ,
Intermediate Word 6 . 0 and a review of Windows '95 . In May Introductory Access
. 2 . 0 will being given . It is my suggestion that we don 't need to hold town wide
training like this any more , but that if a person needs training that we look for
classes that they can join based on their individual needs .
Warren Road Crossing :
As requested by a selection of parents of students of Dewitt Middle School and
our Crossing Guards for Warren Road , I set up a meeting at the school to
discuss the problems occurring on Warren Road . Those in attendance included
parents , crossing guards , Dewitt and Northeast Principals , NY State Police
Sergeant Abruzzo , Sheriff Guest, T . C . Highway Manager Hungerford , Supervisor
Valentino , Highway Superintendent Fred Noteboom and myself. Attached is a
copy of the items discussed at this meeting . The greatest . concern for all that
were involved is the safety of the children trying to cross Warren Road . There
was a second meeting scheduled for May 4 , 1998 .
Attachment # 13
Health and Dental Insurance :
I had a meeting with Michele Bruce , PHP , to discuss their Dental Program . The
premiums that were quoted are only a savings for the employees of $ 1 . 32 per
month . The coverage is very similar to BC/BS except that there isn 't a
participating provider listing . The participants would go to the Dentist of their
choice and then would need to submit a claim to PHP to be reimbursed based
on PHP' s allowances . Ms . Bruce will be getting back to me on the comparison of
their allowances versus Blue Cross Blue Shields allowances . I have also asked
her to quote us premiums based on including orthodontics .
I have also met with Alan Ziegler, Direct Reimbursement Benefit Plans , which
would be a self funded dental plan . Mr. Ziegler will be getting back to me with
more information based on our actual use . This type of plan would , need to be
discussed further with Al Carvill , Budget Officer, since we would control the pay
outs for claims . I will discuss further with Mr. Carvill as I get more information .
I have contacted the State Civil Service Department to obtain information
pertaining to the New York State Health Insurance Program which is called the
Empire Plan . The premiums would be a decrease compared to Blue Cross Blue
Shield ' s premiums . However, the participating provider listing for the Tompkins
County area has a lot fewer providers than Blue Cross Blue Shield .
I plan on continuing . to compare Health and Dental Insurance Plans in order to
improve upon the coverage we offer now .
Human Resources :
Joan Noteboom and I worked on the Network and Records Specialist job
description for the Records Management Advisory Boards approval . The
process for approval of this job description is 1 ) RMAB approval and
recommendation to Town Board 2 ) Town Board approval 3 ) Tompkins County
Civil Service approval 4 ) start advertising/recruiting for position. The advisory
boards' goal is to have the position filled by July 1998 .
In regards to the human resources office I will continue the normal day to day
requirements .
Submitted By :
Judith C . Drake
Human Resources Specialist
Warren Road School Crossing Meeting , April 6 , 1998
The following is the list of items that was explained have already happened :
1 . Double solid lines painted on road in school zone area
2 . Coordinated blinking lights to the correct time of day (were out of
synchronization )
3 . Town Supervisor has requested State Police and Tompkins County Sheriff to
place a car at that location in the morning and midafternoon to slow' cars
down . This has been happening but is not available on a everyday basis .
41 Town Supervisor has discussed with the Town Justices about maximum fines
for speeding tickets given in a school zone . They explained that they
have always given the maximum fine for tickets in these. areas .
5 . The Ithaca City Police Department placed the "Smart Device" between the
blinking light and the cross walk for a few days in March .
6 . Will continue to have State Police and Sheriff vehicles cover the area
whenever possible . .State Police have purchased a laser gun which allows
them to give out more speeding tickets .
The following is the list of the problems discussed :
1 . Blinking light on Hanshaw Road side is too close to cross walk and cars can 't
get slowed down in time .
2 . Drivers might not know when to start slowing down . (Coming 'off 45-55 mph
zone into school zone in a short distance )
3 . There has been instances of a driver stopping for Crossing Guard and then
other cars behind that car going out and around the stopped car.
4 . School bus drivers not driving the correct speed in the school zone area .
50 Cars coming from Hanshaw Road slow for cross walk and then speed up
through rest of school zone.
6 . Children and other people crossing at different busy times of the day when a
crossing guard is not there .
7 . Children crossing by other driveway and not at crosswalk.
8 . Parents dropping off their children on BOCES side of road , then these kids
have to try to cross not at the crosswalk location .
9 . The drivers are the same ones that have been and will be passing through
this area , so they know it is a school zone and how fast they should be
driving .
10 . Drivers passing through area "zoned out" because of work or other things .
11 . On Winthrop Drive there is no stripping on crosswalk.
12 , On Winthrop Drive the signs only indicate pedestrians crossing and not a
school crossing . Need to add school zone signs .
Page 1 of 2
•
The following is the list of proposed solutions :
1 . Rumble strips on road to slow drivers down .
Problem : May divert drivers attention from road signs because don 't know
why rumble strips are there or wondering if problem with car. Also
dangerous for walkers and bikers because strips have to be brought all
the way to the shoulder of the road .
20 Increase publicity when police give out a lot of tickets in that area . Try to
make it known to drivers that that area will be highly patrolled . Example:
Cayuga Heights is known for giving tickets for even a couple mph over the
speed limit.
3 . Keep posing maximum fines for speeders in the school zone areas .
4 . Move blinking light farther away from crosswalk so drivers have more notice .
5 . Increase the signs that warn drivers they are coming into a school zone.
6 . An elevated walk way or tunnel so that the traffic isn 't interrupted and the
children aren 't in danger of getting hit.
Problem : Other protection dangers to be considered .
70 Hire a traffic engineer to assess the area for possible solutions .
80 Have school district enforce to Ithaca City school bus driver that they have to
drive 15 mph with their yellow blinkers on in school zones to slow cars
down .
9 . Have school send out letters to parents explaining procedure for drop off, and
remind them of the dangers of speeding through a school zone .
10 . Get stop-stop paddles with blinking lights on them for crossing guards or a
portable traffic signal .
11 . Stop light signal at cross walk location with Pedestrian crossing light that
would trigger the stop light.
Problem : People still crossing at other places than crosswalk.
12 . For coverage during crossing guards time : Crossing Guards are to call
highway after 6 am to ask for a replacement. An extra set of vest and
paddle will be stored at Dewitt Middle School Office in case someone . at
school has to fill in on a last minute notice .
13 . Ward Hungerford suggested trees and bushes for "traffic calming'?
14 . Have a feasibility study done for short and long term solutions .
Next Steps:
1 . Ward will contact Dave Willower, Ithaca City School District Facilities Director.
2 . Ward and Fred will work on the cost of some of the possible solutions .
3 . A list of problems , solutions and costs will be mailed out to group prior to next
meeting .
4 . Have group meet again , Monday , May 4 , 1998 at 4pm at Dewitt Middle
School Office .
Page 2
4� OFIr
C TOWN OF ITHACA
0t , n o4� 126 EAST SENECA STREET, ITHACA, N . Y. 14850
� Y
TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-1704
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Joan Lent Noteboom, 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 signboard of the Town Clerk of the Town of Ithaca and the notice has
been duly published in the official newspaper, (Ithaca Journal) :
LEGAL NOTICE : NOTICE OF PUBLIC HEARING Local Law for the Construction
and Maintenance of Telecommunications Facilities.
Location of Sign Board Used for Posting : Town Clerk' s Office
126 East Seneca Street
Ithaca, NY 14850
LEGAL ADVERTISEMENT
Date of Posting : Friday, April 24 , 1998
Date of Publication : Friday, April 24, 1998
Town Clerk, Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
Sworn to and subscribed before me this iP 7Z/ day of 4rlr t 19c)k .
qty. ✓L6 ;� ,..�
Notary At"ie o'iNew York
Registration #01SA5044003 '
Qualified in Tloga Coun
My Commission Expires � !� ''
JOAN LENT NOTEBOOM Mary J . Saxton , Deputy Town Clerk
Town Clerk/Receiver of Taxes o�� °F1r�r Deborah A. Kelley, Deputy Town Clerk
E. >
own of Ithaca
26 E. Seneca Street
thaca, NY 14850 (607) 273- 1721 , Fax (607) 273-5854
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Joan Lent Noteboom, 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) :
NOTICE OF ADOPTION OF LOCAL LAW AMENDING THE TOWN OF ITHACA
ZONING ORDINANCE RELATING TO THE CONSTRUCTION AND MAINTENANCE
OF TELECOMMUNICATION FACILITIES.
Location of Sign Board Used for Posting : Town Clerk' s Office
126 East Seneca Street
Ithaca, NY 14850
LEGAL ADVERTISEMENT
Date of Posting: Friday, May 15 , 1998
Date of Publication : Mo. i May 11 %
Town Clerk, Town of Ithaca
STATE OF NEW YORK }
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
Sworn to and subscribed before me this c day of , 1922z.
Not ry ublic
Mary J. Saxton
aiary Pilblic, State of New York
Racis ;: ation #01SA5044003
Qualified in Tloga Coun y
4mmmission Expires 3�s
i
TOWN BOARD MEETING
June 8, 1998
5: 30 p.m. to 9 : 00 p. m.
AGENDA
1 . Call to Order.
2 . Pledge of Allegiance.
3. Report to Tompkins County Board of Representatives.
4. Report of Fire Commissioners.
5. Review of Correspondence:
a. Christiann Dean, Buttermilk Farm.
6. 6:00 p. m. - PERSONS TO BE HEARD.
7, 6: 15 P. M. - PUBLIC HEARING : To consider a, " LOCAL LAW AMENDING THE TOWN OF
ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT. "
8, Consider SEAR related to a, " LOCAL LAW AMENDING THE TOWN OF ITHACA
ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS . "
9. Consider adoption of a, " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING
ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS . "
10. 6:30 p.m. - PUBLIC HEARING : To consider a, " LOCAL LAW TO AMEND THE ZONING
ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) FOR
THE STERLING HOUSE ASSISTED LIVING UNIT AND THE STERLING COTTAGE
DEMENTIA UNIT ON BUNDY ROAD AND NYS RTE . 96 OWNED BY ALS-NORTHEAST,
L. L. C . "
11 . Consider adoption of a, " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO
PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE ) FOR THE STERLING
HOUSE ASSISTED LIVING UNIT AND THE STERLING COTTAGE DEMENTIA UNIT ON
BUNDY ROAD AND NYS RTE . 96 OWNED BY ALS- NORTHEAST, L. L. C . "
12 . 7:00 p.m. - PRESENTATION/DISCUSSION : MRB Group, Highway Department facility
renovations.
13. Consider acceptance of location of the park, utilities, and park access road right-of-way for the
subdivision of the Perry property for the Sterling Cottage & Sterling House of Ithaca project.
14. Consider present status of Public Officers' indemnity insurance.
15. Consider approval and authorization to enter into an agreement with the Prepaid Health Plan
to provide dental insurance coverage to certain Town officials, employees, and retirees.
16. Consider approval of plans and specifications, and authorization to solicit bids for the
Construction of the Mecklenburg Road water main.
17 . Set public hearing date to consider a local law amending Local Law No. 17/1992 , a " LOCAL
LAW AMENDING LOCAL LAW NO . 1 /1984 REGULATING THE USE OF . PUBLIC SEWERS
AND DRAINS, PRIVATE WASTE WATER DISPOSAL, THE INSTALLATION AND
CONNECTION OF BUILDING SEWERS , AND THE DISCHARGE OF WATER AND
WASTES INTO THE PUBLIC SEWER SYSTEMS , THE TREATMENT AN PRETREATMENT
OF INDUSTRIAL WASTES , AND PROVIDING FOR THE INSPECTION OF SUCH
FACILITIES . . . "
18. Set public hearing date to consider a local law amending Local Law No. 18/1992 , a " LOCAL
LAW AMENDING LOCAL LAW NO . 1 /1984", to establish revised pollutant limitations.
19. Consider approval of Capital Projects Fund Budget for the new Town Hall .
20. Consider contingencies related to the purchase offer for the new Town Hall .
21 . Ratify submission of NYS Historic Preservation Grant by the Town Supervisor for the Town
Hall/Post Office Rehabilitation Project.
22 . Consider authorization for Barney, Grossman , Dubow & Marcus, Attorneys at Law to defend
the Town in the McNeil lawsuit regarding Mecklenburg Heights.
23. Consider letter of agreement with Cornell University regarding land use and consultants.
24. Consent Items: Consider resolution approving and/or authorizing the following :
a. Town Board Minutes - May 11 , 1998.
b. TOWN OF ITHACA WARRANTS.
C, BOLTON POINT WARRANTS .
d. Approval for filing , SCLIWC 1997 Independent Auditor's Report.
e. Abolishment of Working Supervisor position in the Highway Department.
f. Approval Cornell University Federal Work Study Agreement.
g . Approval of extension of part time Planning Intem employment.
h. Approval West Haven Road Lighting District refund .
I . Approval of administration plans for Confined Space Entry and Hazardous
Materials Response Plan .
25. Report of Town Committees.
26. Report of Town Officials:
a. Town Clerk/Receiver of Taxes.
b. Highway Superintendent.
C. Director of Engineering .
d. Director of Planning.
e. Director of Building/Zoning .
f. Human Resources.
g. Budget Officer.
27 , Consider EXECUTIVE SESSION ,
28. Consider ADJOURNMENT.
Additional Agenda Items :
1 . Consider approval to create Network/Records Specialist position .
2. Consider approval of permanent appointment of Account Clerk Typist for the Southern
Cayuga Lake Intermunicipal Water Commission, (SCLIWC) .
31 Consider approval of provisional regular appointment and salary increase for the Water
Treatment Plant Operator Trainee, SCLIWC .