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HomeMy WebLinkAboutTB Minutes 1998-06-08 TOWN OF ITHACA TOWN BOARD MEETING JUNE 8.q 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 (arrived 5: 55 p. m. ); Ellen Harrison, Councilwoman (excused 9: 00 p. m. ); Edward Conley, Councilman , Mary Russell , Councilwoman . EXCUSED: John Wolff, Councilman. ALSO PRESENT: Joan Lent Noteboom, Town Clerk; John Barney, Attorney for the Town; Daniel Walker, Director of Engineering ; Fred Noteboom, Superintendent of Highways; Jonathan Kanter, Town Planner; Andrew Frost, Director of Building and Zoning , Al Carvill , Budget Officer, Judy Drake, Human . Resource Specialist. OTHERS : Bob Romanowski , Town of Ithaca Fire Commissioner; Eric Shuler, 118 Homestead Circle; Lauren Stanforth , Ithaca Journal ; Susan McCutcheon, 157 Enfield Falls Road; Ruth A. Miller, 216 Enfield Falls Road ; Kelsey McCutcheon, 157 Enfield Falls Road ; Erica Eisenstein, WHCU ; Doria Higgins, 2 Hillcrest Drive; Elsie McMillan , 812 Elmira Road; Robert R. Sprole, 2 Leslie Lane; Jack Clancy, New York State Parks; Fran Brown, Main Street, Trumansburg; Jane E . Hardy, 215 Enfield Falls Road; Fred Wilcox, 109 Juniper Drive; Beth Farr, 5 Hackberry Lane; Sandra Knewstub, 179 Calkins Road; Lorraine Moran, 4 Hackberry Lane; Amanda Zerilli , 177 Pearsall Place; Ann Nolan, 154 Pearsall Place; Barbara Mobbs, 272 Enfield Falls Road; Richard Junge, 3180 Dubois Road; Carolyn Wells, 214 Enfield Falls Road; George Wells, 214 Enfield Falls Road ; Rose Marie Belfort, 402 Hudson Street; Gail H . Kroll , 562 Trumbulls Comers Road; Tom Farrell, 151 Enfield Falls Road; Ryan Farrell , 151 Enfield Falls Road; Patti Farrell , 151 Enfield Falls Road; Richard Boronkay, 150 Pearsall Place; Susan Strauss, 305 Hudson Street; Leah Carlson, 146 Whitetail Drive; Nikki Lama, 107 Regency Lane; Clayton Moore, 104 Enfield Falls Road; Susan Moore, 104 Enfield Falls Road; David Borden, 227 Enfield Falls Road; Donald Miller, 635 Hudson Street; Fay Gougakis, P. O. Box 6764; Barbara Bartholomew, 171 Calkins Road; Peg Wells, 214 Enfield Falls Road ; M. Janet Cheele, 231 Enfield Falls Road ; Dick Perry, 1138 Candlewick Drive; Connie Bruno, 178 Calkins Road ; Carl Sgrecci ; 1130 Trumansburg Road; Zach Shulman , 417 Hudson Street; Liz Medaglion 417 Hudson Street; Michael Villa, Pioneer Development; Phil Runkel , Nixon, Hargrove, Devans, & Doyle; Marty Aman,' MRB Group, P . C . ; Joseph Argenta MRB Group, P . C . ; . Peter De Graff, 151 North view Road; Jane C . De Graff, 151 North view Road. Call to Order: The Supervisor called the meeting to order at 5:40 p. m. , and led the assemblage in the Pledge of Allegiance. Agenda Item No. 4 - Report of Fire Commissioners. TOWN . BOARD MINUTES L PAGE 5 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED lRobert Romanowski I have correspondence on both the 175 Anniversary Celebration and the proposal from the Ithaca Veteran Volunteer Association to house historical artifacts. The Fire Chief is working on a long term agreement with the Ithaca Veteran Volunteer Association to house and display the 1896_ steamer. Various legal and building considerations are being addressed. Zoning considerations with building permits from the Town of Ithaca will be needed. The Ithaca Veteran Volunteer Association would like to build a safe, secure facility to house this important piece of Ithaca's fire fighting history. The Town of Ithaca assistance will be greatly appreciated . The Ithaca Veteran Volunteer Association wants to spend up to $20, 000 building a facility. It will have a glass enclosure that is secure and has climate control . The 175 Anniversary Celebration planning is proceeding. It is very slow receiving funding . Entities do not have extra discretionary funding. The first of the banners went up in Downtown Ithaca on the overpass. The Program Analysis Committee had their conclusion meeting on May 11 , 1998. Council members only asked for additional information related to comparisons between Ithaca Fire Department and other communities. The Common Council will have the Commissioner representing the Ithaca Fire Department submitting regular reports. Some Occupational Safety and Health Act (OSHA) requirements have been received. "Two in, two out" means if two fully equipped fire fighters enter a hazardous environment, an additional two fully equipped, fire fighters must be standing by outside to be instantly available in case something happens. If four are sent in, four must be equipped outside. A new respiratory protection standard must be written to cover all aspects of care, maintenance and training on self contained breathing apparatus, the tanks. These regulations have a compliance date of October 8, 1998. These are Occupational Safe and Health Act (OSHA) requirements that must be done, they are expensive and time consuming . Last e-mail and internet training, all interested Ithaca Fire Department Volunteers can now be assigned a personal e-mail address so they , can find department information on the internet and subscribe to other departments on-line list server. It is another way to get information to active Ithaca Fire Fighters. Budget considerations are being considered. Capital projects will be looked at for new trucks and new equipment. Supervisor Valentino - We would be interested in getting some information about the cost of other fire departments. Robert Romanowski - Absolutely. (See Attachment #1 ) Agenda Item No. 5 - Review of Correspondence. TOWN BOARD MINUTES PAGE 6 JUNE 811998 APPROVED : APPROVED - APPROVED - APPROVED a. Christiann Dean Buttermilk Farm - Letter regarding farm lands and the cost of farming in the Town, and the status of vacant land on the comer. of West King Road and Route 96B . Councilwoman Harrison Yes, I thought it was very interesting . It is an exciting opportunity. What she brings up in regards to the zoning on the comer of West King Road and 96B is very important and relevant. Councilwoman Grigorov - She is counting on us buying her Payment of Development Rights ( PDR). I think we should encourage her all that we can. Councilwoman Russell - Can we perhaps do two things. One refers to the Codes and Ordinances Committee looking at map issues and the zoning issue regarding that comer. We can also ask the Planning Department to look at what she is proposing and how the criteria for PDR might apply. Director of Planning Kanter - We already have that property identified on the preliminary criteria. We could have a meeting with Christiann Dean and the Planning Staff to see what her ideas are. Supervisor Valentino - I wanted to see what individual responses about this might be. She is looking for encouragement, maybe we could send her a letter explaining how, supportive the Town Board is and that we want to work with her. Councilwoman Harrison - The only thing that makes me uneasy about that is what we have discussed for that comer has been quite at odds with what she would like to see. I would hate to lead her.on and say we are going to do everything we can then be unable to do so. Supervisor Valentino - I can have a meeting with her and convey what we really can do. Director of Planning Kanter - I think the enthusiasm should be for the opportunity to reserve the large track of farmland. Councilwoman Harrison - I think we could reassure her that when we revise the zoning we could definitely consider this area. We could let her know about the potential zoning issue. Agenda Item No. Am Consider Status of Public Officers' Indemnity Insurance. Supervisor Valentino - Attorney Barney did you want to add to the letter you sent us explaining the concerns. Attorney Barney - I do not have anything to add, but I can answer any questions. Supervisor Valentino - After reading your letter it seems that we could update this local law to more clearly reflect the indemnity the Town will provide. Agenda Item No. 15 - Approval and Authorization to Enter into Agreement with the Prepaid Health Plan. Dental . TOWN BOARD MINUTES PAGE 7 JUNE 89 1998 APPROVED - APPROVED = APPROVED - APPROVED Supervisor Valentino - Judy Drake our Human Resource Specialist is here to answer any questions ou might have. This coverage would be in addition to the health, another option. It is not the dental insurance we already have. Ms. Drake - We already have the Blue Cross Blue Shield Plan. PHP has been working on a new dental plan. We will be receiving the contracts tomorrow. The premiums are a few dollars more than the Blue Cross Blue Shield, -but it does allow coverage for orthodontic care, which we do not have now. It allows coverage for children up to the age of 25 if they are still in school . Blue Cross Blue Shield only provides benefits up to age 18. There are some extra benefits. Councilwoman Russell - How much more is the plan? Human Resource Specialist Drake - The Individual Plan per month is $0: 89 more, and the Family Plan is $ 1 . 89 more a month . Councilwoman Russell - Is it restricted to using certain dentists. Human Resource Specialist Drake - Our Blue Cross Blue Shield is with a participating provider. With this plan there are no participating providers. You can go to the dentist of your choice. With most dentists you have to pay and send in the claims to the insurance company. PHP would reimburse you. Some people can set it up with their dentists to make monthly payments, or wait until the insurance comes back. So you can go to any dentist or orthodontist you want. Councilwoman Harrison - Does it cover up to a maximum amount. Human Resource Specialist . Drake - It has the same basis as Blue Cross Blue Shield. Preventive care, dental care, and they cover 100% of some and 80% of others. It is all 100% of the maximum allowed. Supervisor Valentino - The employees pay 100% of this. Resoludon No. 89 - Consider Approval of Prepaid Health Plan Dental Contract. WHEREAS, the Town Board of the Town of Ithaca wishes to enter into an agreement with the Prepaid Health Plan to provide dental insurance coverage to certain Town of Ithaca officials, employees and retirees; and WHEREAS, the Town Board has reviewed and discussed the proposed agreement for the period July 1, 1998 through December 31, 1998; now therefore be it RESOLVED, the Town Board of the Town of Ithaca . does hereby authorize and direct the Town Supervisor to enter into an agreement with the Prepaid Health. Plan to provide dental insurance coverage for certain Town of4thaca officials, employees and retirees upon the advice of the Attorney for the Town and the Human Resources Specialist; and be it further TOWN BOARD MINUTES PAGE 8 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED RESOLVED, all Town of Ithaca officials, employees and retirees who choose to participate in the said dental insurance coverage plan shall pay 100% of the monthly dental insurance premium. MOVED: Supervisor Valentino, SECONDED: Councilwoman Grigorov. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye, Councilman Conley, aye, Councilwoman Russell, aye. Carried unanimously. Agenda Item No. 6 - Persons to Be Heard. Doria Higgins, 2 Hillcrest Drive - Lanny Joyce's article in Saturday's paper that was so misleading as to be inaccurate. I consulted with a lawyer from the New York State Department of Environmental Conservation about it this afternoon. I wondered if Cornell University could be in legal jeopardy because it was so misleading . I think it is important for you to hear some other things. In general , the appendix chapters in the Environmental Impact Statement provide the actual data on which the assertions in the main body of the Environmental Impact Statement are made. Appendix C13, " Phosphorous Budget Analysis, Southern Cayuga Lake, " this is about Mr. Joyce saying "no, Phosphorous will not hurt anything. It is just clean , clear, cool water that comes up. " Supervisor Valentino - Wouldn't it be more appropriate for you to make these comments at the public hearing on Thursday, June 11 , 1998? Mrs. Higgins - It may be, but because of the article in Saturday's paper I would like to let you know. What you are saying makes sense, but Lanny Joyce has a whole different agenda. Supervisor Valentino - I feel that Mr. Joyce should be available to respond. Mrs. Higgins - Why? The community cannot respond to what Mr. Joyce was saying. I do not know what the situation is with the Journal , but every reader of the Journal has read that, including the board . Attorney Barney - Didn't you also have an article in the Journal? Mrs. Higgins - I had a small article, I did not have a back page. Attorney Barney - I think the issue is whether this should be dealt with now. Mrs. Higgins - I would just like to say one thing. Mr. Joyce's article and Cornell University have done a disservice because it was not factual . I understand you called a member of the Save the Lake, and were very pleased with a new monitoring system that was going in. The 1968 pamphlet said once the utrophication process has started , which phosphorous and silt have caused, is irreversible the damage is done. Monitoring is not really going to help things, This Cornell University process is an irreversible one-way street. Once they have spent their millions, they are not going to pull back. The monitoring can find something wrong, and if they go to New York State Department of Environmental TOWN BOARD MINUTES PAGE 9 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED Conservation it is evaluated and they go back to Cornell University. . Cornell University has six months to reevaluate if something is wrong , not remedy what is wrong . In other words, monitoring is not going to help the situation. Supervisor Valentino - What pamphlet are you referring to? Mrs. Higgins - Seventeen Cornell scientists and the Research Association in 1968 wrote a pamphlet against the . then proposed Nuclear Power Plant. That is much more powerful than Lake Source Cooling. Many arguments they made against the Nuclear Power Plant still pertain to the Lake Source Cooling Project. They said was once the process has started, reversing it is almost impossible. I have the exact quotation in the handout for you . These are things that are going to happen and once they have started there is nothing much you can do to stop it. Please think of your constituents, do not think of Cornell University because I think they are really devoted to it. A Harvard University professor pointed out years ago when talking about Scientific Methodology, "the experimenter tends to contaminate the data because he wants to prove his points" . These are honest responsible people, but they have blinders on . All they are seeing is what they want to see. Please listen to your constituents, represent them and not Cornell University, Supervisor Valentino - Thank you , Mrs. Higgins, for the information. It will give us a chance to review it before Thursday. (See Attachment #2) Agenda Item No. 17= Public Hearina Date. "LOCAL LAW AMENDING LOCAL LAW NO. 111984 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 AND PRETREATMENT OF INDUSTRIAL WASTES, AND PROVIDING FOR THE INSPECTION OF SUCH FACILITIES..." : Resolution No. 90 - Public Hearing Date - Amendment to Local Law No, 1711992 Regulating the Use of Public Sewer Systems: 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 July 13, 1998 at 6: 15 p. m. , in order that the governing Town Board may consider a local law amending Local Law No. 1711992 a, "LOCAL LAW AMENDING LOCAL LAW NO, 1 OF THE YEAR 1984 REGULATING THE USE OF PUBLIC SEWER 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 AND PRETREATMENT OF INDUSTRIAL WASTES, AND PROVIDING FOR THE INSPECTION OF SUCH FACILITIES AND THE ENFORCEMENT OF THIS LAW WHICH AMENDMENTS CONFORM LOCAL LAW NO. 1 OF THE YEAR 1984 WITH RECENT EPS AND DEC REGULATORY CHANGES". TOWN BOARD MINUTES PAGE 10 JUNE 8, 1998 APPROVED = APPROVED - APPROVED - APPROVED MOVED: Supervisor Valentino, SECONDED: Councilman Conley. A vote on the motion resulted as follows: Supervisor. Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,. aye; Councilwoman Harrison, aye; Councilman Conley, aye, Councilwoman Russell, aye. Carried unanimously. Agenda Item No. 18 - Public Hearing Date to Consider a " LOCAL LAW AMENDING LOCAL LAW NO. 1 /1984 : Supervisor Valentino - We have been revising and working on this within the Sewer Joint Subcommittee ( SJS) for quite sometime. Does anyone have a problem with setting the date for the two public hearings? We have two separate resolutions but we can discuss them together. We are finally getting clear language and wording to proceed. Resolution No. 91 - Public Hearing Date - Amendment to Local Law No. 1811992 Reyulatin_y the Use of Public Sewer Systems And Revised Pollutant Limitations: 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 July 13, 1998 at 6:30 p. m. , in order that the governing Town Board may consider a local law amending Local Law No. 1811992 a, LLOCAL LAW AMENDING LOCAL LAW NO, 1 OF THE YEAR 1984 REGULATING THE USE OF PUBLIC SEWER 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 AND PRETREATMENT OF INDUSTRIAL WASTES, AND PROVIDING FOR THE INSPECTION OF SUCH FACILITIES AND THE ENFORCEMENT OF THIS LAW TO ESTABLISH REVISED POLLUTANT LIMITATIONS". MOVED.' Supervisor Valentino; SECONDED: Councilwoman Harrison. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Carried unanimously. Agenda Item No. 16 Plans and Specifications, and Authorization to Solicit Bids for Constructing Mecklenbum Road Water Main . Director of Engineering Walker - The specifications I have need a " little polishing" . I did not prepare a SEAR for this. Supervisor Valentino - So we need to defer this. Councilwoman Harrison - Does this relate to the re-paving? Director of Engineering Walker - " No, " This is the water main extension . Councilwoman Harrison - So the fact that we have a law suit pending, does not change things? TOWN BOARD MINUTES PAGE 11 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED Director of Engineering Walker - This water main is a connection between the existing 12 inch water main and the City of Ithaca water main. It is something we have been looking at doing for some time. Councilwoman Harrison - I know the advantages, but part of the reason we were doing it at this juncture was related to the possible contributions towards the project. Director of Engineering Walker - I have no problem with deferring it for a longer period to see if the law suit creates a situation . Again , I feel it is a needed project and we have funding for it. Supervisor Valentino - Since everything is not ready we will defer it until July. Agenda Item No. 21 - Ratify Submission NYS Historic Preservation Grant. Town Hall/Post Office Rehabilitation Proiect: Supervisor Valentino - We have to include a resolution with the grant application. I would especially like to thank Director of Planning , Jonathan Kanter. I put him in charge of this project and basically said, "tell the rest of us what we need to do to get this done" . All the staff deserve thanks because they all helped work on it. Mr. Kanter worked long hours and got the project completed on time. He deserves the credit. The application requests funding of $500, 000. Councilman Conley - When is the notice of award? Director of Planning Kanter - Not until September or October. Supervisor Valentino - We cannot solicit bids until we hear about the grant, but that doesn't seem to be a problem. Councilwoman Grigorov - Do we have to pay the monies first and get reimbursement through the grant? Councilman Klein - We cannot start construction until approval, but the design work can be done. Supervisor Valentino - We have gotten much of the work done. The grant is not delaying us. Resolution No. 92 Authorization for Town Supervisor to Apply to New York State for a Historic Preservation Grant Post OffuaelTown Hall Rehab Proiect: BE iT RESOLVED, that Catherine Valentino, as Supervisor of the Town, of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, and/or Title 3 of the Clean Water/Clean, Air Bond Act, in an amount not to exceed $500, 000, and upon approval of said request to enter into, and execute a project agreement with the State for such financial assistance to the Town of Ithaca for the "Ithaca Post Office Rehab" project for reuse as the Town of Ithaca Town Hall. TOWN BOARD MINUTES PAGE 12 . JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED MOVED: Supervisor Valentino, SECONDED: Councilwoman Harrison. A vote on - the motion resulted as ollows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Carried unanimously. Agenda Item No. 22 - Authorization for Bamev, Grossman, Dubow & Marcus, Attomevs at Law to Defend, McNeill/Mecklenburg Heights Lawsuit: Resolution No. 93 - Resolution Authorizina Barney, Grossman, Dubow & Marcus to Represent Town Board in the McNeill - Mecklenb= Hei_ahts Article 78 Proceeding: RESOLVED, that the Town Board of the Town of Ithaca hereby retains the firm of Barney, Grossman, Dubow & Marcus to represent it in connection with the proceeding brought pursuant to Article 78 of the Civil Practice Law and Rules against the Town Board by Keith McNeill, et. ai, requesting a declaration that the Local Law No. 3 of the Year 1998 be annulled; and it is further RESOLVED, that the payment. for said services be at the previously agreed hourly rate as invoiced quarterly by said firm for the services performed. MOVED; Councilman Conley, SECONDED: Councilwoman Gngorov. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, abstain; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye, rMotion carried. Additional Agenda Item No. 1 - Create Network/Records Specialist Position : Supervisor Valentino - The Tompkins County Personnel Office reviewed the job description for this position and said it was find. We can advertise the position upon approval . it has been set up within the pay scale range we anticipated. Resolution No. 94 - Creation Network / Records Specialist Position: WHEREAS, the Town Board of the Town of Ithaca at the May meeting approved the recommended job description for the Network/Records Specialist position; and WHEREAS, the said approved job description was sent to Tompkins County Department of Personnel for civil service approval and has received such approval; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the creation of the position of Network/Records Specialist; and be it further RESOLVED, the said position . shall be classified as a X" in the Town of Ithaca 's job classification listing, and the said position shall be a full time position at 37. 5 hours a week with full time benefits. TOWN BOARD MINUTES PAGE 13 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED MOVED: Supervisor Valentino, SECONDED: Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Carried unanimously. Additional Agenda Item No. 2 - Permanent Appointment, Account Clerk Typist for (SCLIWC): Supervisor Valentino - This person has completed her probationary period. The Commission is recommending that she be made a member of the permanent staff. Resolution No. 95 - Permanent Appointment and Salary Increase for Account Clerk Typist-SCLIWC. WHEREAS, Deanna Hibbard was appointed as an Account Clerk Typist by SCLIWC on December 22, 1997 from the Civil Service Eligible List; and WHEREAS, she has successfully completed her probationary period; and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission on June 4, 1998 approved this permanent appointment and salary increase; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the approval , of the regular permanent appointment of Deanna Hibbard as an Account Clerk Typist for SCLIWC effective June 22, 1998; and be it further RESOLVED, Ms. Hibbard will receive an increase in her 1998 salary of $1, 000. 00 effective June 22, 1998. MOVED: Supervisor Valentino, SECONDED: Councilman Conley. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye, Councilwoman Harrison, aye, Councilman Conley, aye, Councilwoman Russell, aye. Carried unanimously. Agenda Item No. 11 = Adoption " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) FOR THE STERLING HOUSE ASSITED LIVING UNIT AND THE STERLING COTTAGE DEMENTIA UNIT ON BUNDY ROAD . AND NYS RTE. 96 OWNED BY ALS NORTHEAST. L. L.C." (See Attachment #3) Resolution No. 96 - THE LOCAL . LAW PROVIDING A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE1 FOR THE .STERLING HOUSE ASSISTED LIVING UNIT AND THE STERLING COTTAGE DEMENTIA UNIT ON BUNDY ROAD AND NYS RTE. 96 OWNED BY ALS-NORTHEAST, Lo L, C. TOWN BOARD MINUTES PAGE 14 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public Baring to be held by said Town on June 8, 1998 to hear all interested parties on a proposed local law entitled "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 AL&NORTHEAST, L. L. C. " and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof,• and WHEREAS, pursuant to Part 16 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) the Town of Ithaca Planning Board was determined to be lead agency in considering the environmental significance of the proposed Sterling House Projects including the environmental effects of the proposed site plan and rezoning; and WHEREAS, the Town Planning Board, after consideration of the various application materials made a determination of negative environmental significance; and WHEREAS, pursuant to Section 617. 6(b) (3) (iii) such determination of significance is binding on the Town Board; and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to effect the requested rezoning, particularly as it provides an opportunity to provide housing the aged and persons whose faculties may continue living on their own increasingly difficult; NOW THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "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 AL&NORTHEASE, L. L. C. ; a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law book of the Town of Ithaca, and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in the Ithaca Joumal and by filing a copy of said local law with the Secretary of State of the State of New York. TOWN BOARD MINUTES PAGE 15 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Roll call vote carried unanimously. Agenda Item No. T - PUBLIC HEARING. " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS:" Supervisor Valentino opened the public hearing at 6: 15 p. m. The Town Clerk had proof of posting and publication. Supervisor Valentino - There are quite a few of people here to speak to this ' issue. It is usually our policy not to put time limits on the length of time someone speaks. Please give everyone an opportunity to speak. If someone else has covered your points, you do not need to reiterate them. Lets just try to cover all the issues to receive your questions and concerns so that we can address them. Councilwoman Russell - Would it be appropriate for Mr. Kanter to explain what the local law does and does not do? irector of Planning Kanter - I think many months ago the Town Board asked the Codes and rdinance Committee to look into the possibility of adopting legislation regulating Adult ntertainment Businesses. The recent events in nearby Hamlet of McLean probably triggered the interest in Groton . When looking at our Zoning Ordinance we discovered there were no regulations dealing with Adult Businesses. Without any . specific restrictions such businesses could come into town, propose locating anywhere, and be able to go to justify their location in the town. That started us thinking about what these businesses are really all about. What is different about them that would require some kind of regulation other than the obvious? We found out based on recent U . S . Supreme Court rulings, that a study is necessary in order for a municipality to enact regulations on these kinds of uses. The first thing we did was collect numerous examples of these types of studies. Our study is dated May 8, 1998, Adult Entertainment Use Study for the Town of Ithaca. We collected them not only from around New York State, but all around the country. Doing a study provides justification for regulating the secondary impacts of Adult Businesses. The Supreme Court has said that municipalities cannot totally prohibit such uses within their boundaries, but that we can regulate them based on the secondary effects of those kinds of uses. The kinds of secondary effects typically found associated with these uses are impacts on neighborhood and community character, depreciation of property . values, traffic, noise, parking , glare, lighting , and an increase in police activity. JFince there were no adult businesses in the Town we had to rely on other municipal studies to find ut what the secondary impacts were. We collected about 50 examples of studies from around the TOWN BOARD MINUTES PAGE 16 JUNE 811998 APPROVED - APPROVED - APPROVED -APPROVED country; including Boston , New York, Los Angeles, and a number of New York municipalities. The C wn of Islip, Long Island is probably the one most like the Town of Ithaca. We took a close look at the Town of Ithaca, what kinds of neighborhoods do we have, what types of areas within the boundaries might be appropriate for these kinds of uses. The Codes and Ordinances Committee first looked at the industrial zone that is located on Danby Road, a large area of land that includes the AXIOM facility. It would probably allow a number of these uses if they were allowed in that zone. It also was very close to Ithaca College and other school uses. The Codes and Ordinance Committee recommended looking at the light industrial zones that were in the outlying areas of the town, for the most part. We looked at light industrial zones predominantly in the southern part of the town. Off Elmira Road where there are two zones. One zone is on the THERM property in the south hill area. There are three zones, given the, set back restrictions, which are included in the draft local law that would permit the location of Adult Entertainment Businesses. There are a few light industrial zones in other parts of the town that were so small the distance set back requirements would not permit those uses in them. After looking at those issues, the Codes and Ordinance Committee looked more specifically at what type of legislation might be appropriate. Attorney Barney - The draft defines Adult Entertainment Businesses. We will not be to descriptive as lthere are young children here. The local law sets regulations in relation to sexual oriented types of activities. The activities include peep shows, book stores, motion picture theaters, massage parlors, and restaurants. It prohibits those uses in the town with the exception of the areas mentioned by Mr. Kanter. Distance limitations are also set in the zones that these businesses would be permitted. They cannot occur within 150 feet of a highway right-of4ay line, nor 250 feet from any other zoning district. ' Adult Entertainment Businesses cannot occur 250 feet from any public parks, school, or church . Even within the light industrial zones where they can occur, there are set back requirements. It also sets up a minimum criteria for parking. Mr. Kanter was correct when he said nude dancing is considered under law as an expression of free speech. It is a constitutionally protected activity. However, over the years there has been some allowed erosion over. the issue. It has been said you could regulate it because places that have nude dancing create other types of effects that. are not beneficial to surrounding properties. You can regulate them not because of the actual activity, but because of what may flow from that activity existing in that location. When looking at the THERM property, if you take the set back lines, you have a very small sliver of land in the middle of the property that would actually qualify. It was looked at and determined . that it was highly unlikely someone would sell a small strip of land out of the middle of the THERM property for that use. If THERM were used as another activity in the future, it is most likely the property would continue to be used as a manufacturing facility, or the entire property would be used in some sort of TOWN BOARD MINUTES PAGE 17 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED development. While the THERM property, could technically allow the use, it is highly unlikely that it uld happen. The other problem, you cannot exclude these uses entirely from the town. If you cannot exclude them entirely, where will you allow them? The legal cases that have up held regulations limiting them have involved bigger cities. In New York City for example, which had the leading case on this issue, they upheld the regulation on the theory that 16% of the land area could . take one of these types of operations. Under the law adopted in New York City there remains 16% of the land area available for an Adult Entertainment Business. The law we have drafted and are proposing does not have anywhere near 16%. It might be A 6% of the area in the Town of Ithaca. We have done something we are not entirely sure will be upheld under the case law that have dealt with this issue, but we hope that it will . Acienda Item No. 10 - PUBLIC HEARING : "LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL ' LAND USE DISTRICT (LIMITED MIXED USE) FOR' THE STERLING HOUSE ASSISTED LIMING UNIT AND THE STERLING COTTAGE DEMENTIA UNIT ON BUNDY ROAD AND NYS RTE. 96 OWNED BY ALS-NORHTEAST, L. L.C." Supervisor Valentino opened the public hearing at 6:30 p. m, The Town Clerk had proof of posting and publication. Supervisor Valentino postponed the public hearing until the discussion of Agenda IItem No. 7 was completed. Ag- enda Item No. 7. - PUBLIC HEARING, Adult Entertainment Businesses, Continued : Attorney{ Barney - I think we really get into these two areas that represent less than 1 % of the area in the Town of Ithaca. Even with the local law I have a concern about the fact that we have narrowed it down to :such, a small area of the town : I think the Town Board would welcome people suggesting where these could be located. However, they must be located somewhere in the town. Supervisor Valentino - We can tell people a location has a small likelihood of this happening, but people are still going to be concerned. Since the potential locations are adjacent to an R-9 residential zone and in that zone there is a 500 foot set aside instead of 250 foot set aside, the problem would be eliminated. Attorney Barney - I think you might better . say in the two light industrial zones located on Elmira Road. I would rather say we are not going to include the THERM property. Identifying the two light industrial zones would be better. Councilwoman Russell - Would we have to separate those light industrial areas from each other? Attorney Barney - I think you could just identify them. We would have to rewrite the ordinance to say ,that it is permitted in the two light industrial zones. One located on Route 13, and the other located on Route 96131 TOWN BOARD MINUTES PAGE 18 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED Supervisor Valentino - That is a significant change and we would have to have another public hearing . That is something we have thought about to take care of that. Clayton Moore, 104 Enfield Falls Road - Observing the conversation , you are eliminating one of the light industrial areas. On what basis are you eliminating it? There are two other light industrial, and there has been no discussion about eliminating those. 1 would like to know why you are proposing eliminating one of the three spots without any discussion about the other two. Attorney Barney - I think the answer would be the intensification of real residential property and the residential uses surrounding the THERM property. Mr. Moore - What are the statistics? We need to know what the statistics are. You can sit there and say that it is more dense, but statistically it might not be. Supervisor Valentino - I suggest before we really decide, we should hear from all persons who wish to be heard. Susan Mc Cutcheon, 157 Enfield Falls Road - I just have two questions and my husband has a statement to read. The first time anyone found about this proposed law was in the Ithaca Journal on June 5, 1998. According to the report the board has been working on this since February 9, 19981 why were the land owners of these light industrial zones not personally notified of the pending changes? I spoke with the owner of Erhart Propane Gas this morning, he knew nothing about the zone changes. If you did not happen to read the newspaper, you would know nothing about this. Don't you have to notify the owners of the land that we are talking about? It does not seem like a very good way to conduct such a major change. Supervisor Valentino - Legally, we are not required to do so. There was a legal notice published in the newspaper and posted on the Town Clerk's bulletin board as required by law. Councilwoman Harrison - One of the things we discussed at the Codes and Ordinance meeting was how to get information to the public in the best way. Part of the reason there was good coverage in the Ithaca Journal was because we went out of our way to urge them to do that. Supervisor Valentino - It has been in the media from time to time since January because I have been on the radio and there have been some little articles in the paper. There was more notice and information provided than what was in Friday, June 5, 1998's article. Ms. Mc Cutcheon - I never heard of it before Friday, June 5, 1998: 1 then went around door to door in my neighborhood and explained what was going on. Very few people were aware of it. I called the Regional Director of the park, the owner of Erhart Propane did not know about it. Mr. Mancini the owner of the other light industrial area did not know about it. Supervisor Valentino - The Town Board members were the ones that set up the press coverage. TOWN BOARD MINUTES PAGE 19 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED Ms . Mc Cutcheon - This is a big issue, the owners at the very least should know about. In the study you recommend reducing the buffer zone from 500 to 250 feet when in all the studies you looked at, the bare minimum buffer zone was 500 feet. In fact, in one case there was a 2000 foot buffer zone. 1 think your main goal is to protect the families around these areas. It seems a funny thing to cut back on. Councilman Klein - I think we . discussed that very thing. I think none of these zones was that large and if we had stayed to the 500 400t set back, there literally would not be any land left to house the facilities. Based on our legal advice that would really run contrary to the case . law. Ms. Mc Cutcheon - So you are going to sacrifice the people that are around there so that you can fit in these areas? Attorney Barney - Where would you have the Town Board allow them. Let us assume you have to allow 1 % of the land of the town for these uses. Ms. Mc Cutcheon - I hope your question is to the people that are here, you asked how many people from South Hill were present: I hope the people from South Hill are also concerned about the other areas. I : personally would not wish this on anyone. I think it is a very difficult thing to decide. I think you have to notify your constituents that this big ,change is occurring . I think it needs a lot more work and more looking into. I agree you have looked at this since February, but I do not think it is long Irnough . Amanda , Zerilli , 117 Pearsall Place - I do feel for all of the other people, and for me it is nice for others to say they are concerned about the third area specifically. I felt the same way. I read it in the paper Friday, June 5, 1998. Fortunately, South Hill has an association that met Saturday and they gave out information . My husband was there so I got the information. I thought this was the most absurd place to put adult entertainment. THERM has been a good neighbor and all of us felt the board was probably thinking that it is unlikely, but I have a six-year-old daughter and I am not willing to, take that little bit of risk. I look at that area and I see lots of families. I see a nature trail that young women feel comfortable walking and running on. If you put an adult zone near there, women are not going to feel free to use all of that land. You have Ithaca College, I imagine you did not wants it at the AXIOM area because it is very visible to parents. You also have lots of young Ithaca College women walking up Hudson Street late at night 'going home. Again, Hudson Street is the only access you would have. I do not want to reduce the feelings others have for their areas, and I would stay to listen to everything involved there. I look at the THERM property and I think that it is one of the least likely areas for having adult entertainment. Elsie McMillan, 812 Elmira Road - This is the first time I have to say that I am ashamed to say I am a member of the Town of Ithaca. I am really upset about this. I have been at work Cornell for a reunion all weekend or I would have had something written and prepared for all of you. I now understand better, thanks to the explanation of the legal reason for doing this. The , ultimate motive is to safe guard . I would like an explanation of what in the article in Friday's paper was accurate and what was Wot. Apparently the map was not accurate. I have heard from some people who came around that he map did not indicate the correct part of the property. TOWN BOARD MINUTES PAGE 20 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED Director of Planning Kanter - The map was showed only the generalized location , the study identified the specific parts of those light industrial areas. Ms. McMillan - I was unable to get the study because I had no knowledge of this until I read Friday's paper. I am sure there has been information in the paper, but I do not read every word in the Ithaca Journal . Councilwoman Harrison - I think the map shows the entire zone, and what is not clear is how the set back requirements narrow it. I think the map is showing those zones accurately. Supervisor Valentino - It just does not show the actual area that would be allowed for the Adult Entertainment because of the set backs. Ms. McMillan - My immediate reaction , and I recognize that immediate actions are not accurate, was that I felt betrayed that the Town Planning Department is writing off the Elmira Road. I had heard that third . hand and did not give it a second thought. It seemed at odds with what I was hearing on the Agricultural Committee about wanting to keep open space. Director of Planning , Kanter - I would like to say on the behalf of the Planning Department as Director of Planning that is absolutely not true. Nobody would have said anything like that in my department. tmsMcMillan ou have to be very careful about third hand information . - I did not give it credence until I saw this in the paper and thought maybe it was right. You said you welcomed alternative suggestions, and now that I know there is a lawsuit involved with Mecklenburg Road, I suppose that is not an option because of that. Kuma's is out on Mecklenburg Road, and that is adult entertainment. Isn't that a good zoning ploy to keep,, things together? Supervisor Valentino - That is in Enfield . Ms. McMillan - I know that, but isn't there some part of the Town of Ithaca near there so you can keep all the adult entertainment in one area. Isn't that one of the things you like to do? Have you considered anything other than light industry, it sounds to me you are being hampered because you are only considering light industry, and there are only two zones? Councilwoman Russell - What zone would you consider? Ms. McMillan - Maybe the agricultural zone. You could have all kinds of set backs if you had a farmer that wanted to sell the middle of a field. I did not get a sense that anybody had considered anything else. Councilwoman Harrison - I think we certainly have thought about other things. 1 think suggestions from you about other things is why we are here. So your suggestion is to consider a location that in some sense , by being remote, is less likely and will have less impact. TOWN BOARD MINUTES PAGE 21 JUNE 81 1998 APPROVED - APPROVED - APPROVED - APPROVED Susan Strauss, 305 Hudson Street - When you asked for people to raise their hands this evening to indicate if they were from South Hill , I raised my hand . However, you could not know by my single hand that I am representing the South Hill Civic Association. Of the membership that was at our meeting Saturday morning, where many expressed concern expressed about the THERM property in particular, but also the concept in general . We have worked hard over the years to preserve the quality of life there. I sense from the comments that you made that you do have concerns about the quality of life and realize that this is a Town of Ithaca issue. It does affect the residents in the city as well . It is not just the possibility that someone would choose to purchase that property. Easy access from Cornell University and Ithaca College would make it a desirable location. I would really encourage you to pursue the avenues that you have already started exploring through conversations this evening to eliminate the THERM property from being considered. Take into consideration the excellent suggestions made to try to locate this. The Attorney for the Town referenced percentages of acreage that a town or city has to devote to adult entertainment. Did I misunderstand that statement? Attorney Barney - Only that the leading case from the top court of the State of New York involved the City of New York. A number of cases have struck these regulations down leaving a large void. The whole purpose of adopting a regulation is to, at some sacrifice to a small area of the town, provide protection for the town. The case held the regulation valid, but one of the supporting points raised was that it did not so unduly restrict it because it allowed 16% of the land area to have those types of uses. Ms. McMillan - So there is nothing legally that talks to a specific percentage. Attorney Barney - We only know that 16% seems to be all right. We do not know if less than 16% is. As a conservative . lawyer it "seems 1 % is probably marginal . From a legal standpoint, not from a personal; or moral standpoint, I prefer to see a larger percentage be available because sustaining in court would be easier. The practical aspect, and the feeling of the board is to keep it as minimal as possible.- Zach Shulman, 417 Hudson Street - I am a town government's neophyte. The question lays in what Attorney Barney was just talking about. If there are adequate spots in the city which the town surrounds, I would think the case law, or a judge would probably consider that to be adequate access for people who wanted to set up a place in the town. So if there is no available zoning in the town, but there was a lot of available zoning in the city, given the closeness of proximity, it would probably but upheld . Attorney Barney - The cases have been very specific, it is each municipality. You cannot say that because the municipality next door has ample adequate space for it we can prohibit it entirely. Mr. Shulman - It is much different from the New York City setting. New York City is a five-borough city. Attorney Barney - The question still remains that if you limit it to a fraction are you running a risk. TOWN BOARD MINUTES PAGE 22 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED I inMr. Shulman - If you eliminate it completely though there is access the city. Attorney Barney - That does not work. There are cases that say you cannot rely on the people next door to provide the space for the municipality. Councilwoman Harrison - Suppose you prohibit the use in the town or made it totally unrealistic in some fashion and someone wanted to locate an Adult Entertainment Business, what risk would there be if the court declared our law null and void. Fay Gougakis, Fall Creek - I have been interested in this matter for a very long time, ever since the Siren's opening which was discussed in Saturday's paper. I am actually very happy that this has come forward because I don't like it when someone lies to another person about having a restaurant, and then turns it into a strip club. I think it only goes to show what these businesses are trying to get away with in a community. Siren's establishment 'is an . example of how people do not care about community. This is a very important issue and a very important decision . I feel the decision should not be made tonight. I saw a documentary where they talked about strip dancing . It is a very big industry now. We all know it is not just going to be topless dancing unless you get someone who is so sincere that they hold true to that. Sirens' is that example. Their licence should have been taken away because , they lied. The businesses target college institutions because college students can make easy money. ' So they want to locate in college areas. The Siren's location is very good for that business. It apparently gets a lot of business. They are really targeting women with very little money, unless here is a woman out there who really wants to do it. It victimizes women. Please take that seriously about locating near colleges and neighborhoods . I was born in New York City. I was only a couple blocks from 42nd Street. I have seen what these businesses do. They multiply. If you give them a good piece of land, you are not only going to have one establishment, but many more. I grew up with this. It is filthy and the drugs are there. I think the residents have a very valid concern. I think you should listen to the people. If you are going to put this in areas where people are going to be disturbed, it should not be allowed. Personally, I do not feel they should be allowed if a community does not want to allow it. It is really sad that we have these kinds of businesses and that we allow them and give them rights. I think you should not make a vote now, listen to the people. Do not put Adult Entertainment Businesses anywhere people will complain. It might take another two years, but you have seen what Siren's has done. I do not want that repeated. John Clancy, Finger Lakes State Parks Regional Director - I would like to thank Mr. Kanter for spending time at our office Friday to explain this .situation : Having sat on the other side of the aisle, in an elected office in years past, I know how difficult it is to deal with some of these issues. I think have to speak for a moment in the " not in my back yard" mode. I am sorry I do not have a suggestion for a better location . The State park authorities are concerned about the two light industrial zones located very close to two of our excellent State Parks, Buttermilk Falls and Robert H . Tremain. The park experience is TOWN BOARD MINUTES PAGE 23 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED one that attracts entire families to wholesome recreation opportunities for everyone, including young children. State Parks also play a key role in attracting tourists to Tompkins County. Tourism is the second largest industry in New York, after agriculture. I read predictions that that may change in years to come and tourism may become the largest industry in the state. Locating Adult Entertainment Businesses in close proximity to two of Ithaca Is State Parks seems to contradict the existing use of the area and could lead to a decline in visits by families. Consider also that the parks are in operation at night and allow a considerable camping experience. I would urge the board to consider the possible impact of this zoning change on our parks, on family recreation and on the image that the Town of Ithaca wants to project to visitors. We are especially concerned about the provision in the proposal that allows Adult Entertainment Businesses to be located only 250 feet from park lands. We hope you will consider increasing that distance to at least 500 feet. (See Attachment #4) Jim McCutcheon , 157 Enfield Falls Road - Two of these sites are in my back yard . I am not comfortable with that. (See attachment #5) Tom Farrell , 151 Enfield Falls Road - I was looking at your proposed ordinance. It showed an increase in crime rates, traffic, etc. I thought there would be provisions in the ordinance for the $community to be compensated for these increases. Additional Sheriffs Patrol , State Police, perhaps decreases in our property taxes because our property values would be going down. Unfortunately it is not here. . The board has been talking about this for many months, unfortunately, not until you have pointed to some places on the map, then people wake up. There is the bike trail for people who hike and walk between the City of Ithaca down to Buttermilk Park and to Tremain Park. I know other areas, and I am sure you have looked at them. The agricultural areas, Route 79 out towards South Hill . They do not have any commercial growth, maybe they need some. There is a lot of space across . from the hospital . Unfortunately, those areas are probably in your back yards and it would bother you more having them there than in our back yards. Jacob Pultz, (Owner Turbacks Restaurant) - I own the property adjacent to the proposed zoning . I do not appreciate having these kinds of people and this kind of operation next to my restaurant. Considering the crime factor, drugs, sex, and. rock and roll . I agree with Mr. Farrell and Ms. McMillan that we can find different zoning , maybe agricultural . I believe everyone has their right to do what they want to do, but this kind of thing has always been negative. I spent twenty years in New York City. I have seen what it has done to neighborhoods. They just push people from one area to another until they do not have anywhere to go. I believe everyone should have their way. Put them in the back of a twenty acre lot, but keep them away from my restaurant. Jane Hardy, 215 Enfield Falls Road - We have lived on the Enfield Falls Road since 1956. 1 noticed Erhart Gas was listed on the map as a light industrial zone. The only reason Erhart Gas is in a light TOWN BOARD MINUTES PAGE 24 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED industrial zone is because the zoning lines were already . in place when Erhart Gas was there. In a sense that area was not chosen to be an ideal place for light industrial . I certainly second everything r. Farrell said about the property value potentially going down . We already have a noisy situation with police vehicles using their sirens back and forth on Route 13. Anymore of that type of activity would not improve our neighborhood area. I also second Mr. McCutcheon's points about the amount of money and the value that we have put into the parks to make them appropriate family facilities. The Town of Ithaca prohibits people living in trailers. Trailer parks are not allowed in the Town of Ithaca , but Adult Entertainment Businesses are. . I do understand the board's difficult position . I also second Ms. McMillan Is thought about looking at areas that are really isolated, but I have no information that you have looked at it. I also appreciate the opportunity to talk to you about my concerns. There is no question that this is a difficult decision and I trust the board will make the right one. Supervisor Valentino - We do have trailer parks in the Town of Ithaca. Don Miller, 635 Hudson Street - I have lived here for forty years. I moved from Syracuse because I did not like what was going on there. I would like to make two suggestions to where Adult Entertainment Businesses could be permitted . One is a swamp and the other is a land fill . I think those would be two ideal spots to locate these facilities. You have to live on South Hill , Hudson Street during the week, (Thursday through Sunday) and see the students coming up the hill at 3: 00 a. m. They are not very quiet. They do make a lot of noise. S o you are up watching them throw their open bottles in your lawn . That is s fine, I can live with that. However, I cannot live with the other type of thing where people are going to these places late at night, coming out drunk. It is open to prostitution . It is open to students who can put themselves through college by striping and I have heard of this being done in Syracuse. We do not need that. Rose Belfort, 402 Hudson Street - I have a day care center, and I would like to speak a little on behalf of the neighborhood association . We are under a lot of pressure on South Hill right now. I bought my house for $92, 000 in 1990. 1 have put more than $ 10, 000 worth of work into it and I just had it appraised and it is only worth $86, 000. If we put any Adult Entertainment on South Hill , it will destroy a historic neighborhood . This is a beautiful street and it is already deteriorating from student use. The association is really stressed to find ways to work with the student problem . If you dump another thing on the neighborhood , it will just be terrible. Lorraine Moran , 4 Hackberry Lane - I am here to join in with others about my opposition about the Inlet Valley, Elmira Road site. The site would be right between two State Parks. The second reason is that there are many neighborhoods with families and children in this area. Some of these include the Waldorf School of the Finger Lakes. There is a significant neighborhood on Caulkins Road , the Glenn site neighborhood, the Seven Mile Drive area, and the neighborhood on Route 327 . Two hundred fifty feet off the road way means daily visual exposure to these businesses. That is simply not far enough. The entry to Ithaca from the south really means family, children, tourists, campers, and all persons traveling by car into Ithaca from the south. They all would have immediate visual exposure to these Adult Businesses. I would just like to thank the board for being pro-active in 3 TOWN BOARD MINUTES PAGE 25 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED heir attempt to deal with this matter. I hope you will reconsider the Inlet Valley Site. (See ttachment #6) Bob Sprole, 7 Leslie Lane - My residency has little to do with the issue. I am president and Chairman of the Board of THERM, Inc. As such , I own all of the land they are discussing at THERM . I have paid for that land over the past 50 years. We never purchased that land with the intention of having adult entertainment. I want to assure our neighbors around us. I am also a little disappointed that I was unaware of the movements toward these lands changing by the Town Board without any discussion with me, the owner of the land. I suspect that of all the lands under consideration , I am probably the only one who is a single owner of the land . I only read about this in the Ithaca Journal . I have had since then had the chance to review the report. I appreciate the need to zone this activity because if not they will come in without zoning. I can also understand the type of zoning that you have done after looking at how it was zoned . That the access is probably going to be expensive and perhaps almost prohibited . Rest assured , it is not my intention to sell my 3. 3 acres of land to allow any adult usage in that area. I promise that to the residents. My usage of that land is for the benefit of THERM and for the benefit of the South Hill area. I would not want to disrupt it. The nature trail used is still owned by a good percentage by THERM. We gave that to the town for use as a town trail . That is the activity that we encourage. I heard the one suggestion from someone to perhaps exempt the THERM parcel from the discussion. I certainly would not argue with that kind of exemption . I can only assure that a buyer proposing that usage would not happen as long as ,I own it. My son is in the business with me now, and I am sure he will continue that philosophy beyond my years. Ann Nolan , 154 Pearsall Place - l would like to say I really appreciate seeing so many of my neighbors supporting our opinion on what is going on . I can understand why you need to do what you have to do. I am very happy about Mr. Sprole's comment. It means a lot to me. I do have a 9- year-old little boy, and I am a single mom . I walk that nature trail every day. I do not think Mr. Sprole knows how much that means to me. Please decide carefully. David Gordon , 227 Enfield Falls Road - I would just like to express my empathy to everyone in the room , including you good folks, trying to deal with a "no win" situation. A few years ago before Carl Sagen became sick, my wife and I had the good fortune in being invited to dinner by him . During the conversation I asked him what the deciding factor was for him to leave Harvard and come to Cornell University. What was it about Cornell University? He said it was not Cornell .University. It was because after one of the Cornell University activities he was driven to Buttermilk Falls and then to Tremain Park. That was his deciding his factor. Carolyn Wells, 214 Enfield Falls Road - I have lived on Enfield Falls Road for twenty years. We chose the area because it was rural and because we knew our family would be happy here. Now we have grandchildren who are there. Our grandchildren go on a bus to school everyday passing the area where you are speaking. They are two young boys and I feel we do not need that sort of thing in our lives. We have a wonderful community on Enfield Falls Road with twelve or fifteen children in TOWN BOARD MINUTES PAGE 26 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED he area who are all elementary to college age. It is just heartbreaking to think that a lovely rural rea would ever be subjected to this sort of thing. I am hoping you will guard every moment of your inking and really, truly think of all of us. We are going to have to face the consequences if the wrong decision is made. I just wish the law could be worked around a little more and somehow we could be assured extra precautions would be taken if ever applications were submitted. Susan Struass, 305 Hudson Street - If in the eventuality that some place, somewhere has to be identified , I certainly hope it is not any of the areas we have talked about this evening. I just wonder about the kind of possible zoning requirements that can be put on certain things. Like the signs, lighting, and no liquor license allowed at the same place where this kind of activity occurs. So the town might have the place for it, but it could be so undesirable in the eyes of anyone interested that they would choose to put it some place else. Supervisor Valentino - We have been talking about those types of issues also. Barbara Mobbs, 272 Enfield Falls Road - I noticed not . so long ago Ithaca chased out Walmart because it was so close to Buttermilk Falls and what it would do the park. I am close to Robert Treman Park and an adult entertainment place seems . a like a much worse situation. In others words, Walmart looks really good . Another location could be a barge out in the middle of Cayuga Lake. ane DeGraff, 151 Northview Road - I heard on the radio about approving two places that would be near Newfield and the other near the THERM site. I did not hear anything more and would like to ow what that was about. I had heard you were looking for a place away from churches or schools. However, two churches are near there with a school down the street. Supervisor Valentino - We have some options. One of those options is to do nothing. That means we would be faced with someone wanting to put and adult entertainment site anywhere in the Town of Ithaca. We would have very little control over that. The other option is very difficult to deal with . That is to pass a local law siting specific areas where this kind of business could be. In our discussions of the two options, doing nothing was a very poor option because destroying neighborhoods or putting them anywhere did not seem like an option we could accept. On the other hand, we knew that by going ahead and siting areas we would be faced with the problem we are facing now. Ms. Mobbs - I am just trying to understand the reasons for mentioning . that particular spot. Supervisor Valentino - We had to find some areas in the town . Ms. Mobbs - The area does not meet the criteria of no churches, schools, or housing . Councilwoman Harrison - The proposal in the law would restrict adult entertainment to the light industrial zones in the Town of Ithaca. Then we would provide further restrictions by saying it cannot be a certain distance from school , churches, roadways, etc. The light industrial . districts were TOWN BOARD MINUTES PAGE 27 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED elected because it seemed those areas would have the least impact on residents and residential ones. I think we are hearing a lot this evening that we need to discuss and think about. Ms. Mobbs - I am here to say that is definitely a residential area. Councilwoman Russell - We consider the possibilities to be very remote for that particular part of the light industrial zone. Councilwoman Harrison - We thought it would meet the letter of the law without being a significant likelihood. Councilman Conley - I thought that about the selection of the THERM site. Now I know Mr. Sprole would never want Adult Entertainment Businesses there. There is no other way to gain access to the land any way. I thought that would be a safe place to put it. Ms. McMillan - The article in the paper said it was likely the board was going to vote on this tonight. I would certainly hope you are not going to, and that there would be more opportunity for us to write .letters, and voice our thoughts. Councilwoman Harrison - We knew it would take some time to complete. We have a moratorium in place. What is the farthest extent of time allowed under that moratorium? Attorney) Barney - The moratorium extends just beyond the Town Board- meeting in July. Councilwoman Harrison - The moratorium is in place through the July meeting, so we could make a decision and adopt a law. We would have to have another public hearing, but we could still make a decision at that meeting if we had another local law drafted. I would think on the basis of good faith , we have had a public hearing the issues have been raised, we could substantiate that reasoning. Mr. Moore - If I were on the Supreme Court, I would not agree with their decision. I do not think there are many people in the room that would. To me it is a fundamental issue, it is a flaw in the process. My wife and I lived in the mid west and we did not like where we were living . So we decided to move somewhere else, we selected Ithaca. We came here a year and a half ago, and we did not have jobs but we knew we wanted to live in Ithaca. One of the reasons is that "we do not roll over and play dead when these issues come along" . Yet the Supreme Court said that we had to have free speech. I think that is a bunch of garbage. I do not accept it and I think it is worth fighting against. I have discovered there are patterns in these meeting. We have zoning and then we have an issue like this come up. We do not want to change the map so we want to take what, we have, and insert the problem into the map. Maybe we do not want to change the map because it takes too long, maybe it costs a. lot of money. We have light industrial because when we zoned we did not want the people who were already there to be out of compliance. The criteria for establishing adult entertainment was based on the studies and they indicate you have to have at least 500 ft of setback. You have light industrial areas that will not allow for 500 feet. You should have eliminated them. We do not have any place to allow them . TOWN BOARD MINUTES PAGE 28 JUNE 89 1998 APPROVED - APPROVED - APPROVED APPROVED lWe need to start the whole thing over again . You are at a point where everyone has come before u and said "do not vote tonight, keep the process going" . Do that, this is a major issue across the country. No one buys this free speech stuff about these places. It is just not true. We need to fight it. If we have to have adult entertainment because the Supreme Court says so, lets put in the Town of Ithaca where everyone can agree that is where it should be. The board - Where is that? Mr. Moore - The answer is we do not know. We need more information to find out. We should not look at the map we have today. We have to think about changing the map. Ms. Zerilli - Go to those neighborhoods because you can't see light industrial on a map. The neighborhood is residential despite what the map says. THERM has been a wonderful neighbor. We feel like a neighborhood because our children can play on the hill right outside the front of THERM.. Whatever it says, make sure you go and look at these places and make sure the description in your mind matches the map. Supervisor Valentino - 1 am going to close the public hearing and bring it back to the Town Board for consideration . I think we have heard a lot of good comments. Petitions were given to the Town Board against Adult Entertainment - See Attachment #7. The Supervisor closed the public hearing at 7:36 p. m. The Town Board took a short recess until 7:42 p. m. Agenda Item No. 110 --- Continued : PUBLIC HEARING. " 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." : Supervisor Valentino reopened the public hearing at 7:43 p. m. Phil Runkel , Attorney; Nixon, Hargrave, Devans & Doyle - I am here tonight with Michael Villa from Pioneer Development. I believe Mr. Villa has been before this board and the Planning Board a number of times to discuss this project. We are pleased to make a presentation to the board if they would like us to. Supervisor Valentino closed the public hearing at 7.44 p, m. , as no other persons came forward to be heard. Supervisor Valentino - The Town Board has had an opportunity to review the proposal . I would like to hear comments from the members. Councilman Klein - We have already received a lot of information , but l would like to see a brief resentation . TOWN BOARD MINUTES PAGE 29 JUNE 89 1.998 APPROVED - APPROVED - APPROVED - APPROVED Michael Villa , Pioneer Development - We are proposing a Special Land Use District for two facilities. One is a 46-unit, 53 bed Assisted Living Facility, and the other is a 32-unit, 36 bed Alzheimer Memory Care Facility. ' Pioneer was started in the late 1970's as a development company. We are a multi faceted company that constructs malls and hotels, and provides property management. I am in health business and we do health related facilities. In this case, we are doing assisted living facilities. We have a joint venture partner, Alternative Living Services (ALS) out of Brookfield, Wisconsin . They have been in the assisted living operation as far back as 1981 . They operate more than 240 facilities across the country in 25 different states. We have several facilities now running. Alternative Living Services operates the facilities in the joint venture. They complete a market study before going into an area to see what the need is. Ithaca was found to have a need. We are requesting a change of zoning to a Special Land Use District. I did bring additional material depicting some other areas along Trumansburg Road. Mr. Villa presented a map ' to the board showing the other uses along Trumansburg Road, Councilwoman Grigorov - I was wondering about the cost to the patients. Mr. Villa - There is a $500 admission's fee. The cost is on a monthly basis. We interview people to determine their need. There are four levels of care ranging from very independent too almost a hospice care. The dollar amount is based on the amount of care. Councilwoman Grigorov - What would the range be? Mr. Villa ;- The range will probably be from $ 1700 up to $2800 depending on the level of care. The monthly rent takes care of your bathing , laundry, and food. Councilwoman Harrison - This proposes subdividing a small piece from a large parcel? Mr. Villa - It is 8. 24 acres. Director of Planning Kanter - That is the newest version of the subdivision plat. Mr. Kanter explained the proposed subdivision area by using a map. Councilwoman Harrison - The park reservation define itself as part of this if we approve the change in zoning? Director of Planning Kanter - It is a part of the subdivision process. It really is not part of the rezoning process. The Planning Board is addressing it in the subdivision approval process. Councilwoman Harrison - We are to approve the rezoning and the Planning Board will approve the Subdivision and Site Plan, and the park reservation would be a part of that? Attorney Barney - It is the location of the park you need to accept. TOWN BOARD MINUTES PAGE 30 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED Councilwoman Harrison - The balance of the property, setting aside that park area is anticipated - to satisfy the entire large parcel? Often in our zoning rules we address percent building coverage, and percent of impervious area . I did not see that, it looked as though in this particular amount of acreage as if there is a very high percentage of surface rendered pervious between the buildings, parking lots and roadways. I would be interested in that since we have been talking of certain water resource issues. One thing is to detour storm water, the quality of water relates significantly to where it is coming from. Attorney Barney - We do not specifically articulate that in this local law, but anything that is not covered by this local law then becomes governed by the residence RA 5 district limitations. It does specifically say that in paragraph 3. It is not directly addressed by language in this local law, it is governed by the general RA 5 regulations. Director of Planning Kanter - Mr. Frost said 20% is building coverage. At this point the only way we address other impervious surfaces is through . Open Space. We are addressing that in our new ordinance. Councilwoman Harrison - Does this meet the 20%? Director' of Planning Kanter - No it does not exceed 20% . Councilman Klein - Do you know what your site coverage is? I Mr. Villa - We had to do that for the Site Plan . Councilwoman Harrison - If the zoning laws change, are things that are approved now even if they are not built, grand-fathered with RA 5 rules as when approved? Attorney Barney - It would have to comply with what was originally instructed. If we redid our ordinance, one of the things we would have to do is go through the Special Land Use Districts. Councilwoman Harrison - What if we kept the R-15 zone, but we changed some rules? Attorney Barney - Then it would be governed by the RA 5 rules when it was approved. There are exceptions. This fixes the rules in affect when the building permit was issued. If they came in later and wanted to expand , and the rules had changed , then they would have to go by the current rules. Councilwoman Russell - What is the status of the Planning Board resolution which asked for the New York State Department of Transportation to re-stripe Route 96 as a " no passing zone" with a reduced speed limit? Director of Planning Kanter - That is a follow up we will have to check into. Town Clerk Noteboom - The Town Board discussed that issue at their May 11 , meeting . On Page 5 of those minutes it says the Town Board agreed the Public Works Committee would develop and TOWN BOARD MINUTES PAGE 31 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED organize a plan for speed limit reduction requests to be presented to the New York State Department of Transportation representatives at a Town Board meeting. There was no resolution for this one request to be made. Director of Planning Kanter - You might want to consider doing a separate resolution making that request to the New York State Department of Transportation after the rezoning. Councilwoman Russell - It says the Public Works Committee would develop and organize a plan for speed limit reduction requests. Supervisor Valentino - This also talks about the signs and line stripes. We need to look at every thing . Director of Planning Kanter - I have a response to the question on coverage. On parcel A, Assisted Living Facility, the building coverage would be about 15.6% , and for B it is 10. 8% . These are basically one-story buildings. Agenda Item No. 13 - Location Park, Utilities, Park Access Road Right-Of Way for Subdivision of Penn Property for Sterlina House and Cottage. Director of. Planning Kanter - We just received the revised survey plat. This goes back to the original Shalebrook Subdivision. The Perry property had in the past development proposal , ( Perry Lane development, and second phase Joseph Place) , a total of 23 lots. We are now looking at the subdivision of the remaining Perry Farm of about 8. 2 acres for the Sterling House and Sterling Cottage development. As part of this we are trying to put into place this larger community park area that we have been talking to the Town Board about. At the same time we have put into place this other 9. 5 acre community park on the Sgrecci property to the south . We have the possibility of assembling a fairly large community park area. In the earlier approvals there was a "tot lot .' identified to be a 46, 000 square foot play ground. It was to be accessible by access strips through the develop lots, and through the Riley Drive right-of-way. Mr. Kanter showed the park sites on another map. Director of Planning Kanter - There is the possibility of a future through road right-of-way from Mecklenburg Road to Bundy Road providing access to the proposed Community Park area. The Riley Drive portion would come through the Perry Farm. What this plat is showing for the proposed park area is about 11 . 5 acres to be conveyed to the Town of Ithaca. When the surveyor laid this out, he also showed a . 5 acre strip that is labeled as " Proposed Parcel to be Conveyed to the Town of Ithaca Only if, Access of the Park Cannot be Obtained Through the Sgrecci Lands. " If we go along with that approach, we have this 11 . 5 acre site without immediate access to the park access road. We (Cathy Valentino, John Barney, Richard Schoch, Dan Walker, Jon Kanter) went out to the Perry arm and met with Mr. Villa, Mr. Sgrecci , Mr. Perry, and Mr. Tyler ( Perry's Attorney) . We talked TOWN BOARD MINUTES PAGE 32 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED about this and came up with some suggestions . on how to put this together. Most suggestions were different from what ended up being on the survey map. The total acreage for the future park should be in the range of about 14. 5 acres. We agreed to that, and the 14. 5 acres would include the area shown on the map, called " Future Town Park Access" . That is shown from the end of Riley Drive to the south part of the site. We decided that was in the future and that part of the site probably will not get developed with residential lots for quite some time. We would consider accepting that as part of the acreage for the park parcel . When the surveyor started looking, at the actual area along the center line of the creek, which seems to be a logical area to delineate the park, it turned out that the trapezoidal between the creek, the future road and the other Perry boundaries came out fairly larger than the 14. 5 acres. The trapezoidal area is not now shown as part of the park site. It is probably in the range of 3. 5 acres. We have the proposed "tot lot" shown and we said that would be a good idea. We can accept the "tot lot" that was supposed to be a part of the original Shalebrook subdivision and keep that separate from the considerations of this future park area . The "tot lot" is about 1 . 4 acres. When we were at the site we talked about the possibility of the town sharing in some of the cost in surveying the areas related to the proposed park. That is what the letter from Mr. Sgrecci dated June 2, 1998 refers to. It includes a breakdown of cost estimates put together by T. G . Miller. It basically identified three different parks. The portions that dealt with the future park area might appropriately be paid for by the town . We did not make any commitments, but we said it was probably a good likelihood that the Town Board would be willing to consider paying those costs directly related to the north and west boundaries of this particular park area. The south and east boundary were the same as the exterior Perry boundary, which had to be done as part of the plat. Councilwoman Harrison - What makes the shape a trapezoid? Director of Planning Kanter - The creek. The original idea was to . bring it all the way down the creek to the road. But as it turned out, there was 3. 5 .acre difference. So the line was basically dropped straight down and then over. Councilwoman Harrison - How many acres is the part indicated as brown on the map? Director of Planning Kanter - About 1 . 7 . Councilwoman Harrison - Why are we accepting that as park, a road is not park. Director of Planning Kanter - We are considering it as park access. Councilwoman Harrison - They are going to need an access road to the rest of their land anyway. Director of Planning Kanter - Eventually, if it were going to be developed. TOWN BOARD MINUTES PAGE 33 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED Councilwoman Harrison - That does not make me very happy. It is not very logical . Director of Planning Kanter - We were trying to come up with a way of putting together this park area and access to it. Supervisor Valentino - The future road, if and how they have it developed, might not be in our long term interest. Councilwoman Harrison - We have a fair amount of control over that through the subdivision and development process. If they are going to put a road in , we have a lot of control over where it ends up going and how it connects. I agree that we want that control . I don't think we should give it up. I just do not see a road as park land . Director of Planning Kanter - We are trying to figure a way of providing immediate direct access to the park site without calling it a public road right-of-way in the sense of a public road serving residential development. Councilwoman Harrison - In the event there is development on the rest of the parcel , which seems likely overtime, the road becomes part of the road way for that development. At least that quantity of land then becomes park land reserved out of the development. I can understand it is a " place holder" for now, but I do not see that 1 . 5 acres of road qualifying as the recreational in park land . Director of Planning. Kanter - The original 14. 5 acre calculation, (the total 11 . 5, 17, and the . 5 acre strips) did not come out to the 14. 5, it came out 13. 7 . Leaving it . 8 acres short of the total . So if nothing else, I think we need to figure out a way to make that different. Councilwoman Harrison - If we took the . 8 acres that it is still short, and the 1 . 8 acres of that roadway we are getting fairly close 3. 0 +/- acres . I would like the understanding that eventually that would be a road for the development. Councilwoman Grigorov - Can you clarify why we are not asking for a road right-of--way now? Do we not have that right because the whole subdivision is not being developed at this point? Why is it important then to have that access right now? Director of Planning . Kanter - Do you want the proposed park area now? Councilwoman Harrison - We are not planning to develop it at this time. Director of . Planning Kanter - The question is if you want the park area now, don't you want to somehow have access to get to the park area . Councilwoman Harrison - An easement or a right-of-way, as Councilwoman Russell suggested , we do not need to build it today. TOWN BOARD MINUTES PAGE 34 JUNE 89 1998 APPROVED - APPROVED = APPROVED - APPROVED r. Villa - I just would like to add part of the reason the Perry's had agreed to do what you are calling the roadway and we are calling part of our park set-a-side is that based on what we are purchasing , 8. 24 acres, the Perry's need to set-a-side 10% . That is . 8 acres. The town wanted to see a park. They are giving all land up front without any further development on the rest of the parcel . By town law, I believe they are not required to do any of that until such time as you go through and develop the parcel . We had talked about it and it does give the town access to a large park area . There is nothing to say someone couldn't purchase the property and develop it. They would connect to that road itself. This does give you access now to do what ever you might want to do with the park. Director of Planning Kanter - We certainly would not want to designate that park access road as park land because that would mean you would have to go to the State Legislature to eliminate it as a park area. Supervisor Valentino - We are looking at the location of the park utilities and the park access road right-of-way. That is what we are looking at tonight. Councilwoman Russell - Where would the road be that we had thought about originally. The one that would blend through Perry and over to Mecklenburg Road . Director of Planning Kanter - The gray and brown areas on the map show the alignment of that road on the sketch plan . Mr. Villla - The Perry's have agreed that this could go in right now and that we could pay for it later. To make up the difference we will add on along the south boundary. That would give you the total 14. 5 acres. The Perry's are willing to give up the area below now in exchange for survey costs. Councilwoman Harrison - What are our options if we decided it is a good thing to have this large park parcel , it is at a good location , but the roadway still wouldn't connect to Mecklenburg Road even though it would be headed in that direction? We do not need access to that park now, we are not planning to develop it now, but we want to reserve it now. What are the opportunities to reserve some kind of right-of-way, easement, or access without actually building, constructing and taking ownership of the road right-of-way? Attorney Barney - I assume that is what we are discussing . Councilwoman Harrison - Well then, I am confused . If we are not planning to acquire it, why would it count as acreage that we are acquiring for the park? Attorney Barney - I think the theory is by us reserving it the Perry's are giving it up, they no longer have ownership. Councilwoman Harrison - Clearly an access road is necessary to develop the parcel and clearly it would make sense. . TOWN BOARD MINUTES PAGE 35 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED Attorney Barney - That was the question I gave you the answer to. Councilwoman Russell - We do not want that to be park land. Councilwoman Harrison - We are accepting it under this scenario. We are accepting it in lieu of a park. I just cannot accepting making a road into a park. Mr. Villa - It is not just accepting it in lieu of a park, it is part of accepting all of it now, rather than a piece later. Councilwoman Harrison - So we should accept less because we are getting it now? Councilwoman Russell - Later we would not have to accept this as park land . Councilwoman Harrison - I think what Mr. Villa was saying is that they would not have to be giving over this amount of park land at this time because they are not developing the rest of the parcel . Mr. Villa - If the Perry's gave up what was necessary right now, it would . 8 of an acre. If the Perry's go ahead and sell the property to someone else you could still bring the same theory of where you want it. The developer may want to build condominiums rather than having the park along the creek. That is the choice the Town Board gets to make. We thought in talking and planning with Mr. Kanter lhs i would be a nice area. Councilwoman Harrison - I clearly agree, I think it is an advantage. I am not sure I am willing to trade off what is roadway that some one is going to have to build at some future time anyway. Why that should be counted as part of the park set-a-side does not sit well with me. Councilwoman Grigorov - A developer might not even care about having the road there. Supervisor Valentino - I have seen it happen to us in the past. Where we had ideas , for roads development came in and soon it was developed all over. I do not want to see that happen here. This road , for a lot of reasons, is a very important road . I like the way we have all worked together on this, that park parcel is magnificent land. To keep it all together in one big piece is a wonderful bonus for the town . I feel the proposal is fair and reasonable. I think that we have worked a long time trying to come to a conclusion that we can all agree on . Councilman Klein - Who would eventually build that road? Supervisor Valentino - Hopefully a developer. Councilman Klein - Can a developer build their road on our land? Attorney Barney - We will not own the land, we will only have the use. Councilman Klein - It will only be an easement. Will we take title to the park then? TOWN BOARD MINUTES PAGE 36 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED lAttorney Barney - "Yes. " Councilman Klein - So we will have title to the park, the brown area on the map indicates where there is going to be an easement that runs with the land. So that even if it is sold we control the easement assuming the Planning Board will be consistent and follow through with that alignment. As that parcel is developed the town is not obligated to build it? Councilwoman Harrison - If we have an easement how does that insure where a developer will decide to put the road. How does that solve the problem of seeing parcels where the roads have not gone where we wished they would go? What kind of control can we place on where the roads would go? Director of Engineering Walker - If we complete the transportation portion of the Comprehensive Plan , and mapped out future road locations, we have it laid out on an official basis. Director of Planning Kanter - We want to put it on the official map, but we do not have one right now. Councilwoman Harrison - If it were on the official map, would the Planning Board deny locating a road not defined in that location? Director of Engineering Walker - -Either that or they would have to evaluate it very carefully and then come back to the Town Board to have the official map revised . Councilman Klein - If the easement is shown on the deed you cannot build it. It is an encumbrance on the land . Attorney Barney - Two things give control aside from the official map if that gets done. . One is you have the easement. We have the control over anyone that is going to be developing , they ' will have to take that easement into account. It would be unrealistic for them to put another road in when they have to leave this space out for the easement. The second thing , you have your own planning and review process of any subdivision. Logical questioning during subdivision review would occur. They would ask why a developer was showing a road when there is already an easement with an access road to the park. Councilwoman Harrison - Couldn't they ask that same question if there were not an easement? This is the area that makes sense for a road , why don't you show a road here? Director of Planning Kanter - We probably could ask to have the plat labeled as possible future road right-of-way. Councilwoman Harrison - We don't have ways to see, that the road takes place. ,Supervisor Valentino - Don't we need the easement just to get in there now. TOWN BOARD MINUTES PAGE 37 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED . Barney - We do not know how it is going to play out with. Sgrecci on the other side of that I If we take a piece of land , as your Attorney, I would strongly urge you to take a legal right to get ItAttorney o that land. An easement gives you that legal right. If that land is never developed but you want to put a park there at some point, you would have the ability for the public to be able to get to that park land to use. Director of Planning Kanter - We had not previously indicated that the Town would be interested or willing to pay for the "tot lot" survey. That was associated with the past subdivision years ago. We did talk about cost sharing for the other elements. Also, the possible solution of adding this access strip and the remaining . 8 acres is something that I would recommend we do regardless of the question of the survey costs. Again , we need something that gives us definite immediate access to that easement. We cannot have an easement and not know we are going to have a park area. The remaining . 8, to 1 . 0 +/- acres that is missing from the 14. 5 acres, I think needs to be added on somewhere. The two parks should be there regardless of the question of the survey funding. The question of the survey costs for the "tot lot" is something we need to treat separately from this portion. If we add this . 5 acre, which I would recommend, plus the . 8 acre area we should have the 14. 5 acres. That leaves a gap in the area of about 2 . 3 to 2 . 5 acres between the creek and the park area. Councilwoman Harrison - So we are getting an easement for 1 . 7 acres, instead of getting 1 . 7 acres for a park with the advantage of looking for the road . Wee are getting the entire parcel now as opposed to pieces later. Attorney Barney, could you imagine a legal mechanism in which one might say, " if and when the development proceeds and a road is put in to access development, that 1 . 7 acres would put a place holder on the road to become due to the town for recreational purposes"? Attorney Barney - I think it could be done . Councilwoman Russell - I am assuming we have an ordinance that explains the 10% set aside. Director of Planning Kanter - It is the subdivision regulation and in the State Law. Councilwoman Russell - Are we violating our own regulations if we accept less than 10% . Director of Planning Kanter - " No. " It is up to 10% . Supervisor Valentino - At this point we are looking at the acceptance of the location. Director of Planning Kanter - "Yes, we do not have to decide the survey costs" . Supervisor Valentino - The park access road right-of-way is what we are considering accepting tonight. Councilman Klein - Is Riley Drive the upper part of that road? Have they accepted that? TOWN BOARD MINUTES PAGE 38 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED t irector of Planning Kanter - Much of it up to the preliminary plat is from Riley Drive down to this rea (pointed to on the diagram). Councilman Klein - Do we have to tie these together? In the absence of Riley Drive does this piece mean something? Attorney Barney - We are not including Riley Drive in any acreage. Councilwoman Russell - How long is Riley Drive and the easement together? Attorney Barney Jo the extent you are putting a park at the end of it, it would be beyond 1000 feet after the park. Supervisor Valentino - Is the 1000 foot mandated? We talk about that issue when there , is a subdivision and fire regulations? Councilwoman Harrison - So if someone wanted to develop along it, they could not? Attorney Barney - Not without a secondary means of access. Councilwoman Harrison - What would that mean? Attorney Barney - Well it depends. If the road goes all the way through to Mecklenburg Road, you have two means of access, one from each end. If the Sgrecci piece is developed , then you no longer have a cul-de-sac. If you do have a cukde-sac then you have to either waive your 1000 foot requirement or require a secondary road. Either emergency access or as a secondary road . Supervisor Valentino - Depending on how they do the subdivision there might be a loop . Councilwoman Russell - Where was the possible access to the Mecklenburg Heights park from the city side. Mr. Kanter showed where the access would be on the diagram. Supervisor Valentino - Are we ready to vote on accepting this as outlined . Councilwoman Harrison - What are we actually accepting? Supervisor Valentino - We are considering the acceptance of the location of the park. Councilman Conley - We did not talk about the utilities. , Supervisor Valentino - Do we need to? TOWN BOARD MINUTES PAGE 39 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED Director of Engineering Walker m The utility drawing shows the drainage and erosion detail , C-1 . The access to water is off Bundy Road. There are two parcels and they need a fire hydrant location in the general vicinity of the island between the two buildings and the parking lot area . The developers are going to be extending an 8 inch water main to a point near the property line. The Water main will come to a point just in front of the Sterling House. There would be two service points taken off of that. The town would own the water main up to this point and there would be an easement for the water service to the second building. That gives the fire :hydrant location in the parking lot to the east of the main lot for Sterling House. The sewer line will come from Trumansburg Road near the southern property line, a manhole just below the Perry's house. That will all be dedicated to the town . The Perry's would have access to that sewer. That will also give us a point of access for extending up the hill further if there was more development on the hill . The sewer main back to the property line and up to the Sterling House would all be built to 8 inch sewer . standards. The town would accept that. That eliminates any maintenance problems between the two possible different owners. The town would own the sewer. Councilwoman Russell - Would they build it? Director of Engineering Walker - They would build it to our standards and we would take care of maintenance. That eliminates any problems in the future if the two parcels were ever sold . Supervisor Valentino - Do we have a map with the two locations on them? Director of Engineering Walker - No, but we have in the files the utility plan, dated 5-15-98; prepared by T. G. Miller Engineers. Supervisor. Valentino - We had another proposal that we talked about today. Mr. Kanter you are the one that really knows the details. We talked about the town paying for the full survey costs in exchange for dedicating the entire area below the creek as park land. Director of Planning Kanter - It was something that we talked about, it is an idea. Supervisor Valentino - If we pay the full survey costs to repair it, in exchange we would get the whole parcel below the creek. Director of Planning Kanter - It was just an idea. Mr. Runkel - That was over the phone when we thought there was substantially less acreage in the triangle. We made the offer and then we withdrew the proposal and we have offered to make the 14. 5 acres the way Mr. Villa described. Supervisor Valentino - So you have withdrawn that offer? Director of Planning Kanter - My recommendation is the 14. 5 acres would be basically built as we had already talked about . The determination of the "tot lot" is a separate issue, including a decision TOWN BOARD MINUTES PAGE 40 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED about the $890. 00 survey. I thought if it were agreed the issue could be resolved now, but I guess you will have to talk more about he survey costs. Supervisor Valentino - At this point we are talking about what we had just talked about during this discussion. Councilwoman Russell - We do not have to decide about the survey costs. We can accept the park. Supervisor Valentino - We can accept the park and the access road, and talk about the survey costs later. If we accept that as outlined tonight, we get the minimum we want to get. Director of Planning Kanter - You probably want to ask the applicants if that 14. 5 acre proposal that I am making is acceptable. If not, then there is no point in accepting it. Mr. Villa's suggestion was what I said, but it also includes paying for the "tot lot" survey. Mr. Villa - Let me clarify. We will make up the 0. 5 acre difference if the town pays for the "tot lot" survey. Director of Planning Kanter - That is what I am saying, I will not recommend. Mr. Villa - We would give this up now, (referring to the 0. 5 acre parcel on the map) in exchange for the. "tot lot" survey. Director of Planning Kanter - That is what I am saying , I do not recommend that the Town Board do that because we should be getting that 14. 5 acres up front. Mr. Runkel - That is all right, we are willing to talk about the "tot lot" survey separately. We are willing to give the strip and any addition acreage rounding out to only the 14. 5 acres, will come from the easterly most portions. Director of Planning Kanter - In other words adding about . 8 acres just west of that. Supervisor Valentino - Out line it again, what are we talking about? It is adding that strip of land and the cross patch. Councilwoman Grigorov - So that is 14. 5 acres. Director of Planning Kanter - It is 14. 5 acres if you count the area (showing on map). That is what the proposal is. Councilman Klein - The "tot lot" and the survey costs will be discussed later. Director of Planning Kanter - The acceptance of the area of the "tot lot" is part of the resolution tonight. The question of paying for the survey is a separate issue. TOWN BOARD MINUTES PAGE 41 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED Mr. Runkel - What about the survey costs for the park? During our discussions we thought the town would consider paying those survey costs. Attorney Barney - Whose discussions are you talking about? Mr. Runkei - My understanding was there were to be some suggestions that the town would consider paying, at minimum , the survey costs associated with the park parcel . Attorney Barney - I think that was with the understanding that we were getting 14. 5 acres as a park. We are not getting that. You are still holding back the 1 . 7 acres for the easement. Councilwoman Harrison - What are we actually talking about, the survey of the town park parcel? Director of Planning Kanter - My recollection was that we agreed to accept the area of that round park area to be counted towards the 14. 5 acres; and that we would consider paying the appropriate costs of the surveying that would relate to the town's. portion . We did not commit to anything. That was part of what we discussed. . If your questions are about whether it is legitimate to count that easement strip towards the acreage, that is something you will have to decide. That is not something that I can decide. Attorney Barney - We were also discussing getting the right to the road. It was not until the survey came back that was disclosed as a considerably larger piece. Director of Planning Kanter - That is correct because. when the original conceptual survey was done, it was just assumed that, the whole area below the creek would be part of the creek. When they did the more detailed survey, that turned out not to be the case. Councilwoman Harrison - In general , the survey would be done by the applicant. That is how in many other cases it was done. Director of Planning Kanter - Normally, if it was something associated with that subdivision plat. Councilwoman Harrison - The survey for the only piece pertaining to the park would be $800, from 1 C . The field survey to set the park lot monuments. Attorney Barney - I do not think we want to set the monuments. There was a concern about setting monuments on what is basically farm land . Mr. Runkel - My understanding was the total cost associated with the surveys would be around $1500, exclusive of setting any monuments, but with the larger parcel and the "tot lot. " Councilwoman Harrison - If we say the "tot lot" is not part of what we are talking about, then what do you think it is? TOWN BOARD MINUTES PAGE 42 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED. Director of Planning Kanter - The "tot lot" is 1F and G , a survey for that would be approximately $980. Councilwoman Harrison - So we are down about $600. Mr. Runkel - Our contractor felt since we were willing to give up such a large parcel of the farm so far in advance of it being developed that it was reasonable to ask for participation in paying the survey costs. The total park survey costs would be around $2500, without the monuments it brings it down around $ 1500. Supervisor Valentino - This did not turnout to be as clear as we thought it was going to be at this point. Maybe we are not in a position tonight to compile a resolution . Councilwoman Russell - I would just accept the park. Supervisor Valentino - We need to accept the park. Attorney Barney - If you do nothing with respect to the survey, theoretically the obligation to survey rests with the applicant. Councilman Klein - We just learned about this tonight. Supervisor Valentino - Why don't we just do the acceptance of the park and the easement for the right of way as outlined tonight? We can continue the discussion of the costs at a later date. We need a motion to accept the park location , the utilities, and the park road access as outlined on the map. Attorney Barney - Just so we are clear, we are accepting the park as shown on the map entitled "Survey Map Showing Lands of Richard and Mary Louise Perry" , dated May 19, 1998; plus whatever amount of acreage it takes to bring the total acreage inclusive of the portion of Riley Drive previously , accepted as modified by deleting the reference to reserving out the sixty foot strip to the park land with the understanding that strip is to be conveyed. The utilities are to be accepted as shown on the map entitled Sheet C2 Utility Plan dated May 15, 1998, Resolution No. 97 =Acceptance Location - Roads. Utilities, & Park Access Road Ri_aht-of-Way Peny. Property Subdivision - Sterling Cottage & Sterling House. BE IT RESOLVED, the governing Town Board hereby accepts the location of the park and park access road right-of-way for the subdivision of the Perry property for the Sterling Cottage and Sterling House, as shown on the map entitled, "Survey Map Showing Lands at Richard and Mary Louise PeW, dated May 19, 1998, submitted to the Town Planning Department except that the area shown as "Parcel to be conveyed to Town for Park Land" shall be modified by extending the west line t estward so that the total acreage to be conveyed to the Town, inclusive of the acreage in the asement area from the south end of "Riley Drive" to the "Park" is 14. 5 acres, and except that the ap shall also be modified by deleting the notation that the sixty foot strip running east and west to TOWN BOARD MINUTES PAGE 43 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED the south line of the "Park" is to be conveyed only if access is not obtained from the Cerrache parcel, it being understood that such strip is to be conveyed to the Town in fee; and, be it further RESOLVED, to the east the utilities are to be accepted as shown on the map entitled, "GC2 Utility Plan" dated May 15, 1998, MOVED: Supervisor Valentino, SECONDED: Councilwoman Grigorov. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Carried unanimously. Aaenda Item No. 23 - Letter of Agreement, Cornell University, Land Use and Consultants. (See Attachment #8) Councilwoman Harrison - We have a new draft I have not really reviewed. Attorney Barney - I haven't either. There are a number of issues that need to be addressed. Supervisor Valentino - I think the way I would tike to go through the proposals and see what we think 1 Is consistent. Councilwoman Harrison - I have different memories of the way things went, but I do not find anything here that is unacceptable. Our attorney may see it differently. I remember it as 99 years not 50, but 50 is still a long time. I remembered we talked about it and everyone said what difference did it make. I thought most of it was acceptable the way it was. Attorney Barney - Ninety-nine to fifty is puzzling, we all recalled that clearly. There is a fair amount of language that is confusing. Changing the time that we get this, about six months after it is fully . operational, I do not know what "fully operational" means. I think I would like that tied in for a specific time when the town issues a Certificate of Occupancy. There is a reference in here that somehow this thing is going to terminate if Cornell University stops the operation of the lake source cooling facility at some point in the future. That was never discussed as far as i know. I did not think we had agreed to that. The identification language has been changed, and I have a problem with that because it is saying that if Cornell University does something off the property and we are sued because somebody is coming to our park we no longer get the benefit. I do not think that is really what we want to happen, particularly since Correll University is going to be responsible for the main driveway. There are several issues like that which are best addressed lawyer to lawyer. I received this late in the day and I did not get a chance to go through it. Councilman Klein - Does it have any bearing on our Thursday, June 11 , 1. 998 hearing? Attorney Barney - I do not know how to answer that. Supervisor Valentino - I think the land use issue is the biggest problem in it. TOWN BOARD MINUTES PAGE 44 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED ttomey Barney - My understanding was we wanted to have this resolved before you have the only public hearing you are going to have on this project. Supervisor Valentino - I do not want to have another public hearing . So my preference is for us to have this resolved before the Thursday public hearing with Cornell University. I would rather just have us work through the issues. Councilman Klein - Do we have any time limits on that? This agreement is not a local law. Attorney Barney - This is the letter of agreement, and there is also , the agreement about the consultant. We have to finalize them in a manner that both sides are ready to sign something. Supervisor Valentino - If the board is willing Attorney Barney and I could work with representatives from Cornell University to try to resolve the problems we have all identified before Thursday. We have been to the meetings so I think it is pretty clear what we have talked about. 1 do not have any real problems with the agreement about the consultant. Councilman Klein - Could you highlight the difference between your May 8, 1998 and June 8, 1998 letters, because I cannot see any difference. Henry Doney, Cornell University m I believe Attorney Barney suggested language changes in Section 2, Paragraphs 2 and 3 under, the "with one exception" . There was some language that Attorney Barney used that sort of described the charge you might have for your consultant, but the way it was described Cornell University representative did not believe it was appropriate to be misunderstood. I clarified a couple of things in the non substantial section, in the next to the last paragraph. Mr. Barney thought the last sentence did not make sense so I restructured it so it would be more clear. We believe we have restructured what we discussed before, and what Attorney Barney transmitted to us. Attorney Barney's reactions from May 11 , 1998 were just incorporated into the letter. Attorney Barney - Some of the changes in the language I suggested, but a fair amount went in with, significant changes. Supervisor Valentino - I think it looks like what we had talked about. I think the park parcel we need talk about more. Mr. Doney - I think we agreed with the general idea. I agree with Attorney Barney that there is no reason why we cannot get to the vote on that. Ms. Egan has written a twenty-five point explanatory letter. I think we are accepting most of the things. It is true there was an indemnification clause we had in there before, Attorney Barney changed it to something else. Attorney Barney - She limited the indemnification to anything that happens on the property. Mr. Doney - We are limited to the reserve. TOWN BOARD MINUTES PAGE 45 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED lAttomey Barney - "Yes, but you also have other responsibilities there and those responsibilities impact us. Supervisor Valentino I think we all need to set down together and discuss this. Agenda Item No. 12 - PRESENTATION/DISCUSSION : MRB Group, Highway Department Facility Renovations. Marty Amen, Project Manager - I would like to give you a quick overview of what MRB was hired to do by the town. We . were hired to inventory existing equipment, employee areas, . administration, and highway functions while keeping in mind future growth potential . We were charged with going through the existing buildings, doing a review for ADA purposes and State Building and Fire Code reasons. We looked at the sizes of the existing buildings for comparison with what would be required with the projected growth requirements. Upon completion of those we reviewed the cost with the Public Works Committee and went through the initial findings. I give Superintendent Noteboom a lot of credit, , one thing he did first was invite his employees to a meeting with us. They gave us some valuable input. We took this input to the office and prepared layouts that we brought back and would address the program needs as we saw them based upon the growth projections. In addition , we have prepared some preliminary budget estimates for the various options. We brought this back to the Public Works Committee. What you see tonight is the refinement of the original project program with the limitations of the budget. With the input from the Highway employees we refined the program to a manageable one. Joe Argentia, Project Architect - We developed a program of space. needs based on a discussion of what activities. would be conducted at this facility. What was in surplus that needed to be stored. We identified the space needs for each function; such as the Administrative Assistant needs a desk, chair, and file cabinet. That was done for each activity. Our initial recommendation was to have almost 37, 000 square feet of space to accommodate the needs. We cut back on that amount and began redefining how things are going to be done and how they are going to be looked at. We looked to see where we could combine some functions. That is what is being presented this evening . 4 The activities in the trailer will be combined into the main building. The building will have to be brought up to code, including ADA accessibility. Especially everything new, whether it is in a renovated space or additional space. Requirements were met related to money and for future expansion. We did not want to eliminate the possibility of adding a females to the workforce, so we needed to increase those areas also. Currently, . the amount of space you have between the building, trailers, and self storage is a total of 15, 000 square feet. A great deal of the materials and equipment are stored outside and are starting to deteriorate. The hope is to save some costs in the long run by housing those items under cover. TOWN BOARD MINUTES PAGE 46 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED e reworked much of the existing space, and provided additional new space for the other activities hat need to be contained. Mr. Argentia - Currently in the existing facility there is an administrative area, break room. The break room doubles as a lunch room and a conference room . There is a utility room, a men's and women's restroom . There is a maintenance bay, one drive in , and one bay that also serves as the office for the maintenance employee and provides limited storage. The remainder of that space is to store vehicles, and doubles as a wash bay. . The ventilation is extremely poor, not only for fumes, but for humidity. As a result of that you experience a number of condensation problems such as rust on the facade, the roof is starting to deteriorate, and insulation is soaked. It has created a number of problems in the existing space. We took those spaces and tried to find out where we could add on to try to. accommodate some of the future needs. We also wanted to address the needs of the staff that you have now and bring the building up to compliance with the code. Mr. Amen - There will be three basic upgrades throughout the existing structures. There will be additional storage for salt on site. There have been some discussions about sharing the county storage facilities and utilizing that through additional trucking. This storage building is enough to store the equivalent for one year's supply of salt. That is approximately an additional 1000 tons. toan here is a covered out door storage building proposed that will give some flexibility for storage of the ss critical items. Some of the smaller trucks and equipment that does not require heated storage be stored there. There will be electrical access for heaters. In addition, Mr. Noteboom has requested some covered storage for top soil and, the coal pit. These were project elements that have been proposed with the expansion of the main building. They add much needed flexibility into the day to day working operationss. There would be a new maintenance bay. The existing maintenance facility is a single bay. One piece of equipment in the bay at the present time ties up the work. This proposal shows two bays for vehicle maintenance. It will allow Mr. Noteboom and his employees to get in a larger piece of equipment, undertake a lengthy repair, and at the same time move in and out additional equipment in . the second bay. We also had some additional storage room shown immediately north of the proposed maintenance bay. That will house the sewer back hoe, a large piece of equipment recently acquired. It gives flexibility in handling some of the more awkward pieces of equipment that need to be in storage. There will be .upgrades to the existing facilities. The program costs include repairs to the roof. There are electrical upgrades, heating , ventilation, and air conditioning . One of the .big problems that exists in a highway garage, from a health and safety standpoint, is proper ventilation. The system there now is not sufficient to provide the air changes required . We believe this is a real hazard for the workers if it is . not corrected. The proposed upgrade would not only include new ventilation systems for the new facilities, but upgrades to the existing facilities. TOWN BOARD MINUTES PAGE 47 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED The heating system is the right type of system , but there is no local service representative to offer maintenance. Mr. . Noteboom has had a hard time trying to get representatives to the facilities to address repairs. It is a radiant heat type of system. There is natural gas to, the site. Radiant heat is the most efficient way to heat large open spaces such as this. It heats directly onto the equipment. The equipment picks up that heat and radiates onto the workers also. If we were to propose using the same type of system for the large storage areas we would upgrade the existing heating system in the old bay to have a reliable system. Within the existing office and administrative office we would go to a hydro type system. The hot water system that is in place would have to be expanded. Councilwoman Russell - Is that electric radiant heat? Mr. Amen - It is gas fired natural gas. The radiant heat comes from suspended ceiling units that directs the heat down. Councilwoman Russell - Are they separate units. Mr. Amen - There are two types of units, from one end it is a long tube that is fired with the gas. It heats the whole tube. Mr. Argentia - We are trying to find ways to provide some heat around the vehicles so they don't freeze up. Councilwoman Grigorov - How would the exhaust work? Would it be on all the time, or only when they turned on the vehicle? Mr. Argentia It is a sensor system. If a vehicle is running it would have a hose hooked up to it for the exhaust. With the other system the entire space is ventilated . Mr. Amen - There are two systems. The Global works off the center with a localized drop. Mr. Argentia - It is similar to what is in a gas station . garage. They run a tube out the door, basically the same type of system . Councilman Conley - Is it always from an overhead hose, or are they sometimes on the floor? Mr. Amen They can be on the floor, but we are proposing the overhead. We do not want to disrupt the slab in the existing system. Mr. Agrentia - We are also trying to keep natural ventilation . Mr. Amen - There are proposed a couple of budget options. The overall program, all of the buildings and improvements shown , total approximately $1 : 1 million . It has been suggested . that an option would be to proceed with the covered storage and salt building as alternates on the bid. The could be bid to obtain prices to see how they fit in the overall package . Then we could decide on how to proceed . TOWN BOARD MINUTES PAGE 48 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED In addition, the upgrades to the main building have cost estimates of about $175, 000. Supervisor Valentino - That is without the wash bay. The wash bay brings it up to $840, 000. Councilwoman Russell - The wash bay seems very expensive to me. Mr. Amen - It is a specialized environment for washing. You have to accommodate, for the larger vehicles. It is climate controlled and has high ventilation requirements. Mr. Argentia It has to be maintained to at least 60 degrees so that they can work on drainage and accommodate any salts and sludges. The size is to handlelthe snow plows. Mr. Amen - Besides the budgetary constraints there are some limitations because of the site. We have refined the building layout to a maximum expansion of the existing building without major site upgrades. We have grade elevation changes that require a lot of earth work r to the west. This proposal works within the budget constraints, and also allow you to maximize your site. Councilwoman Russell - It started with 15, 000 square feet, and you are ending with how much? Mr. Amen - There would be a total 32 , 000 square feet. Councilwoman Russell - How much do we have budgeted for this project? Superintendent Noteboom We presently have approximately $50, 000 from this year's budget, and $22 ,000 encumbered from , last year's budget, our maintenance money. Mr. Amen - We do not know if we can receive money from the Capital Project Fund which as been accuring interest. Mr. Argentia - The $725, 000 proposal is the minimum that makes sense. Salt storage and sharing space with the County is still unknown. The alternates, as mentioned, can be stand alone projects later on. The covered outdoor storage is really a three-sided pole barn. That could also be done later. The technical work rehabilitating the existing facility and building an expansion is something that needs to be done together. It really might be a reasonable project to undertake: Supervisor Valentino and Alfred Carvill , Budget . Officer looked into the dollars needed if debt were incurred, including what could be done without affecting other town operations. Supervisor Valentino - We have not come to any conclusions at this point. We are still looking at some modifications in the project. We talked about postponing the salt storage. We might be able to reduce that cost by looking at something like the Butler Building. I think if we did the main portion we would probably need a $600, 000 bond . ,Attorney Barney - For how long a period of time? TOWN BOARD MINUTES PAGE 49 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED 1Mr. Carvill - We have a couple of options. One was a fund over a twenty-year period , renewable each year, and each year budgeting a portion to pay down the principle. That might relieve pressure of completion while eliminating debt as quickly as possible. Attorney Barney - A bond for more than five years. Town Budget Officer Carvill - Probably a ten year Bond Anticipation Note (BAN ) . Mr. Frost - You mentioned bringing some things up to the building code compliance. Is there a major portion that you have determined to be non-compliant with code? If so, on what basis? Mr. Argentia - Many are related to accessability issues for new uses because we are shifting the spaces within the existing building. They would have to be built to current standards. Supervisor Valentino - This is the first presentation and we have a great deal more to discuss. We wanted the Town Board to see the proposal thus far. We are not looking for any real recommendations at this point. If you have ideas or suggestions, we would like to hear them. The Highway facility is getting to the point where it really needs to have some major work done on it. Mr. Amen - The ventilation is a serious issue, I am sure we will gain energy saving measures even with the additional space. The break room and rest rooms are inadequate. Having one equipment repair bay limits the efficiency of the mechanical shop. Supervisor Valentino - Even with a bond of $600, 000, if everything stays equal , we can probably do a project like this without a serious impact on our tax rate. Councilman Conley - If we got the Historic Preservation Grant for the Post Office, does that mean we can do more work? Supervisor Valentino - It means we do more work and it reduces our cost. Councilman Conley - If we got the grant, we may have a little more . Supervisor Valentino - We can not count on that at this point. We do not know what other kind of constraints we might have. Our. overall indication is that unless there is a serious reversal in our sources of revenues we could probably do this without having a serious impact on our tax rate. Attorney Barney - It does not matter what the original BAN is, you cannot advertise it beyond five years. Councilwoman Harrison - Does it require a referendum if we are going to use serial bonds? ,Attorney Barney - If you are going to finance it for a period of over five years. Councilwoman Russell - Do you have an idea of when this issue will again be discussed? TOWN BOARD MINUTES PAGE 50 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED Supervisor Valentino - We will have to wait until the new Town Hall issue is finalized . Agenda Item No. 9 - " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESS." Supervisor Valentino - We heard enough interesting comments from people of things to consider, that I do not feel we should approve this local law tonight. We need to rethink some issues presented . If we decide not to take action tonight, we have to set a date to consider extending the moratorium. Attorney Barney - I think we can extend the moratorium it for another couple months. Director of Planning Kanter - The last extension was for seventy five days. Supervisor Valentino - Could we do another seventy five days? If we set a public hearing for our July meeting to extend the moratorium , the final local law may not get done until September. Councilwoman Grigorov - We do not have to go that long, we might get it done sooner. 'Councilman Conley - Maybe we should ask the Codes and Ordinances Committee to discuss it again based on what we heard this evening. Councilwoman Grigorov - Did the Planning Board make site visits to the industrial zones? Fred Wilcox, Planning Board Chair - I am not aware that any members of the Planning Board visited the site. Councilwoman Grigorov - I did not really know where the people who spoke lived in relation to what we would have to decide about the industrial zones . _Supervisor Valentino - Why don't we try to put together some dates to visit those sites. ? Director of Planning Kanter - Do you want to look at the light industrial sites, or do you want to start considering a . totally different possibility? Attorney Barney - You would be able to create an "adult enterprise only zone" . Just pick an area of the town . Supervisor Valentino - Do we want to consider the light industrial zones, or do we feel that might still be a good idea and that we need to look at it closer? Councilwoman Grigorov - I think it still might be a good idea . I do not see any better ideas. Councilman Conley - In an agriculture zone you can keep it a minimum ten acre site, a thousand feet rom the road. TOWN BOARD MINUTES PAGE 51 JUNE 811998 APPROVED - APPROVED = APPROVED - APPROVED JAttorney Barney - You need to be careful , while you can regulate them , you cannot make it impossible. Supervisor Valentino - Let's make some site visits of what we have already proposed. At the Codes and Ordinances Committee meeting , we can talk about other alternatives. I think everyone agrees that we do not want to do anything. Anything is not an option . Councilman Conley - Does anyone know what the District Attorney is doing as far as trying to find out what is considered prostitution? Attorney Barney - The problem is looking at the operation, for the District Attorney to come out and say it is a gray area, suggests to me we cannot have a gray area. Councilman Conley - Someone along the way will decide. Supervisor Valentino It does not impact on this zoning. It may impact on some restrictions that we want, for example lap dancing. Councilwoman Russell - I feel we are not going to be able to put this zone anywhere without having a more comprehensive package; time, place, and manner restrictions. Supervisor Valentino - I agree with Councilwoman Russell . I think we really need to look at those. Resolution No. 98 Extension of Moratorium 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 July 13, 1998 . at 6.00 p. m. , in order that the governing . Town Board may consider a, "LOCAL LAW AMENDING THE PROVISIONS OF LOCAL LAW N0. 1 OF THE YEAR 1998 TO EXTEND AN ADDITIONAL 90 DAYS THE MORATORIUM ON THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES". MOVED: Supervisor Valentino, SECONDED: Councilman Klein. A vote on the motion resulted as follows: Supervisor Valentino, aye, Councilwoman Ghgorov, , aye, Councilman Klein, aye, Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Carried unanimously. Agenda Item No. 19 - Approval of Capital Projects Fund Budget for the New Town Hall. Supervisor Valentino - The budget shown is our starting point. In order to expend funds from the monies put aside for the project we need to establish a budget. Mr. Carvill - The resolution is presented in draft form. The cumulative amount available is $ 11913, 700. We are taking $ 1 . 7 million out of the reserve to establish a formal Town Hall Renovation and Construction Capital Project. TOWN BOARD MINUTES PAGE 52 JUNE 811998 APPROVED = APPROVED -APPROVED - APPROVED Supervisor Valentino - This would be a starting budget. There are going to be changes and adjustments. Councilman Klein - Do you think the total budget would be $ 1 . 7 million? Director of Engineering Walker - The total budget would be $1 . 9. The. historic preservation could push it closer towards $2 million . Councilman Klein - But that is if we get the grant? Where does the budget stand without the Historic Preservation grant? Mr. Carvill - We held ourselves to the $ 1 . 7 to establish the project. The probable cost is about, or will exceed $2 million even though the Town Board resolution shows that it cannot exceed $2 million. However, the preliminary numbers indicate it probably will Supervisor Valentino - Our current budget is $ 1 . 7 million and that is our goal . I think some soft costs could probably change. This budget does not include some things it would probably need. When everything is done, depending on the . grant, we will definitely be a little over $2 million . I think our target is not to be more than $ 1 . 8 million. Hopefully, we can reduce some costs. , Director of Engineering Walker - The design fees are actually the Schematic Design Contract that is already in place: They have done most of their tests. The architectural fees would be the final design and contract documents. Supervisor Valentino - There will be some things that we may or may not do. Director of Engineering Walker - We may be able to build the parking lot and do some maintenance items using our own staff and resources. Resolution No. 99 - ESTABLISHMENT OF CAPITAL PROJECT FOR TOWN HALL RENOVATION & CONSTRUCTION. WHEREAS, at the Town Board meeting of September 13, 1993 the then Town Board established under Resolution No. 255, a CAPITAL RESERVE FUND" to FINANCE THE COST OF ACQUISITION OR CONSTRUCTION OF TOWN HALL BUILDINGS, INCLUDING A NEW TOWN HALL', and WHEREAS, since that time each succeeding Town Board has continued to Budget, fund and diligently invest available cash in this reserve fund. To date this fund has accumulated $ 1, 913, 700; and WHEREAS, the Town Supervisor and the Town Budget Officer respectfully, present the following proposed budget establishing and funding said capital project; BUDGETARY TANSACTION TOWN BOARD MINUTES PAGE 53 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED CAPITAL RESERVE FUND DEBIT HA511 Appropriated Reserve $ 11700, 000 CREDIT. HA960Appropriabons $ 1, 700, 000 HA9950. 901 Transfer to Town Hall - Capital Project Fund $1, 700, 000 BUDGETARY TRANSACTION ITHACA TOWN HALL CAPITAL PROJECT FUND DEBIT H510 Estimated Revenue $ 10700, 000 H5031 Local Resources, Inter-fund Transfer from $ 1, 700, 000 Capital Reserve CREDIT: H960 Appropriations $ 1, 700, 000 H1620. 201 Legal 81000 H1. 620. 202 Survey 11200 H1620. 203 Design Fees 28, 800 H1620. 204 Architectural Fees 145, 788 H1620. 211 General 83, 566 H1 620. 212 Demolition 37, 786 H1620. 213 Parking Lot 13, 496 H1620. 214 Landscaping 51217 H 1620. 215 Masonry & Concrete 153, 565 H 1620. 216 Interior Fabrication & Construction 3151984 i H1620. 217 Roofing 1 1 103, 892 H1620. 218 Windows & Doors 81, 109 H1620, 219 Elevator 52, 520 H1620. 220 Mechanical & Electrical 668, 996 and, WHEREAS, it pleases this goveming Town Board to proudly establish and appropriate funding for renovation and construction of the former US Postal Service Building, placed under contract May 1, 1998, as the future ITHACA TOWN HALL" this fund is to be entitled, Ithaca Town Hall Capital. Project Fund'; now, therefore, be it RESOLVED, that this governing Town Board approves the establishment of said Capital Project Fund. This governing Town Board also directs and authorizes the Town Supervisor and Budget Officer to establish all financial accounts of record necessary for a separate self balancing fund. MOVED: Supervisor Valentino, SECONDED: Councilman Conley. A vote on the motion resulted as , follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Carried unanimously TOWN BOARD MINUTES PAGE 54 JUNE 81 1998 APPROVED - APPROVED - APPROVED - APPROVED A genda Item No. 20 - Consider Contin encies Related to the Purchase Offer for the New Town Hall. Supervisor Valentino - This relates to further negotiations about the contract contengencies with the Postal authorities. Attorney Barney - I would suggest this be something Supervisor Valentino, Mr. Walker and I work on to make the revisions. Director of Engineering Walker - We could provide an updated status of this at special meeting on Thursday. Councilwoman Russell - What is it? Director of Engineering Walker - It is contingencies in the contract for things like the abstract and surveys. For example, the surveys are supposed to be done by the end of the week. Councilwoman Russell - So it is not all things that you disagree with? Director of Engineering Walker - These are things we have to do before the contract is signed . Attomey Barney - What we have to do is compile a list. Supervisor Valentino - As soon as the contingencies are completed the Postal Officilas will have their architects start working on the design. Director of Engineering Walker - I have a meeting with their architects on June 17, 1998 to talk about coordinating the mechanical systems. Agenda Item No. 24 = Consent Items: Consider Resolution Aaarovinal and/or Authorizing the Followina : Resolution No. 100(6) Town of Ithaca Warrants. WHEREAS, the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment; and WHEREAS, said warrant has been audited for payment by the Town Board; now therefore be it RESOLVED, that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant. VOUCHER #'s: 595-710 General Fund - $71, 252. 06 TOWN BOARD MINUTES PAGE 55 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED General Fund Part Town $5, 6640 49 Highway Fund - $55, 247. 02 Water Fund - $ 12, 582. 41 Sewer Fund - $ 1211557. 70 Lighting District Funds - $ 1, 146. 88 Debt Service Fund - $600. 00 Risk Retention Fund - $ 155. 42 MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye, Councilman Conley, aye; Councilwoman Russell, aye. Motion carried. Resolution No. 100( C 1 Bolton Point Warrants. WHEREAS, the warrant with the following numbered listing of vouchers for Bolton Point, Southem Cayuga Lake Intermunicipal Water Commission (SCLIWC) has been presented to the Town Board for approval of payment; and WHEREAS, said warrant has been reviewed and audited for payment by the Town Board; RESOLVED, that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrants. VOUCHER #'s: 2302 289-302 $69, 969. 83 303-356 $46, 407, 09 MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye, . Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion carried. Resolution No. 1QM Southern Cayuga Lake Intermunicipal Water Commission 1997 Independent Auditor's Report. WHEREAS, the governing Town Board has received the Financial Report for the year ended December 31, 1997 for the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) from the independent auditing firm of Sciarabba Walker & Co. , LLP, Certified Public Accountants; and WHEREAS, Town Law requires that the said report must be made available for public inspection at the Town Clerk's Office; now, therefore be it TOWN BOARD MINUTES PAGE 56 JUNE 891998 APPROVED - APPROVED - APPROVED - APPROVED RESOLVED, that this governing Town Board does hereby approve and accept for tiling the SCLIWC Independent Auditor's Financial Report for the fiscal year ending December 31, 1997; and, The it further RESOLVED, this governing Town Board does hereby authorize and direct the Town Clerk to advertise that the said report is available for public inspection at her office as prescribed bylaw. MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion carried. Resolution No. 100(E) - Abolishment of Position of Working Supervisor - Park Construction. WHEREAS, Richard Schoch who was filling the position of Working Supervisor - Parks Construction has met all the requirements to be promoted permanently as a Parks Maintenance Manager; and WHEREAS, the Highway Superintendent and the Human Resources Specia list have determined that the classification of Working Supervisor - Parks Construction is no longer needed; now, therefore be it RESOLVED, the Town Board . of the Town of Ithaca does hereby abolish the Civil Service Classification of Working Supervisor - Parks Construction in job classification "M" effective June 8, 11998. MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion carried. Resolution No. 100(" m Approval of Cornell University Federal Work Study Agreement. WHEREAS, the Town Board approved participation in the Cornell University Community Work Study Program on March 9, 1998 by adopting Resolution No. 54(h); and WHEREAS, Resolution No. 54(h) also approved the cost of participating in the said program during the year 1998; and WHEREAS, the said program provides student interns with a valuable work experience while providing the Town of Ithaca with valuable technical support; and WHEREAS, Cornell University has requested that the Town of Ithaca .enter into a Federal Work Study Agreement to provide this same program participation in a manner that coincides with Comell University's fiscal calendar year, (7/1/9& 5130199); and TOWN BOARD MINUTES PAGE 57 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED WHEREAS, the Town Board has reviewed and discussed the proposed Federal Work Study Agreement; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby authorize and direct the Town Supervisor, upon the advice of the Attorney for the Town and the Human Resource Specialist to enter into the Cornell University Federal Work Study Agreement; and, be it further RESOLVED, Cornell University will cover 75% of the hourly wages and 100% of the employment expenses of this program, and the Town will be responsible for the other 25% of the hourly wages; and it is further RESOLVED, the cost of participating in the said program for the year 1999 shall be reviewed and approved during the 1999 Town Budget process. MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion carried Resolution No. 12KG) = Authorization to Extend Temporary. Part Time Planning Internship Through Summer 1998. WHEREAS, the Director of Planning has recognized the need for additional staff support for the Planning Department during the summer, and WHEREAS, the Planning Department has budgeted funds to cover the cost of having student interns and has traditionally hired temporary interns to provide them with valuable work experience while the Town of Ithaca has received valuable technical support from the interns, and WHEREAS, Irene M. Lekstutis, a graduate student at Cornell University, . has worked for the Town of Ithaca as a temporary , part-time planning intern since February 1998, and has demonstrated competency, and a positive attitude in . the projects to which she has been assigned, and possesses the qualifications necessary for appointment to this temporary, part time intern position, now, therefore, be it RESOLVED, that the Town Board of the Town of Ithaca authorizes the Director of Planning to extend the temporary, part time Planning Internship for Irene M. Lekstutis from June 1 through August 28, 1998, at an hourly wage of $8. 00 based on approximately 15 hours a week, for up to a 13 week period. The total is not to exceed $ 1, 600. 00 and will be charged to Account #B8020. 110 (Student Interns). Benefits are limited to the temporary, part time status of this position. MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Conley, aye, Councilwoman Russell, aye. Motion carried. Resolution No. 1001H) - Approval of Administrative Plans for Confined Space Entryand Hazardous Materials Response, TOWN BOARD MINUTES PAGE 58 JUNE 89 1998 APPROVED - APPROVED - APPROVED = APPROVED WHEREAS, the Highway/Parks Department, along with the Public Works Committee has reviewed. the Confined Space Entry Plan and Hazardous Materials Response Plan; now, therefore be lit RESOLVED, that on the recommendation of the Public Works Committee and the Highway Superintendent(Safety Officer the Confined Space Entry Plan and Hazardous Materials Response Plan be approved. MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as hollows: Supervisor Valentino, aye; Councilwoman Gngorov, aye; Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion carried. Agenda Item No. 24 (a) - Town Board Minutes - May 11 , 19980 Councilwoman Russell - I have some corrections for myself and from Councilwoman Harrison. I will give them to the Town Clerk, Supervisor Valentino - I have some corrections also. We could approve them with the understanding that we would make those adjustments. Resolution No. 100(A) - Town Board Minutes - May 11 , 1998. WHEREAS, the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held on May 11, 1998 to the Town Board for their review and approval; and WHEREAS, the Town Board has reviewed the said minutes; now therefore be it RESOLVED, that the Town Board does hereby approve and adopt the said minutes as amended by Supervisor Valentino and Councilwoman Russell as the official minutes of the Town Board for the regular meeting held May 11, 1998, MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye; Councilwoman Grigorov, aye, Councilman Klein, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion carried Resolution 's No. 100(A)-100(H) - Consent Agenda Items No. BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and or/adopts the resolutions for Consent Agenda Items No. 24(A)-24(G), and 24(1) as presented and/or amended. Agenda Item No. 24(H) is removed from consideration. (See Attachment #9) TOWN BOARD MINUTES PAGE 59 JUNE 89 1998 APPROVED - APPROVED - APPROVED - APPROVED MOVED: Supervisor Valentino, SECONDED: Councilwoman Russell. A vote on the motion resulted as follows: Supervisor Valentino, aye, Councilwoman Grigorov, aye, Councilman Klein, aye, Councilman Conley, aye; Councilwoman Russell, aye. Motion carried. Agenda Item No. 26 Report of Town Officials. a. Town Clerk/Receiver of Taxes - See Attachment #10. b. Highway Superintendent - See Attachment #11 . c. Director of Engineering - See Attachment #12. Councilwoman Russell - I want to make sure we will see the bids before the next meeting for the proposed Mecklenburg water main . Director of Engineering Walker - I was not here Friday, and got a little behind. Ms. Bryant typed them , but I have not had a chance to review them yet. Supervisor Valentino - They will be on the July agenda. Mr. Walker Do you want the general conditions? 1 was not going to make copies for all of the board members unless you want them . They will be here for review, but if you want a full set I will give them to you . Councilwoman Russell - I would just like to make sure we have the full set at our disposal . What are we required by law to have reviewed before we do this? Attorney Barney - Plans and specifications. Director of Engineering Walker - We are looking at the technical aspects of what it means to join all of the water systems together; Cornell University, the City and Bolton Point. We have group sessions now, and next week we will be meeting with the policy makers to review issues. I think the City is not going to want to rebuild their water plant. We had an interesting discussion today. If they did not rebuild their water plant they would not need the water shed anymore. I heard Bill Gray say he was figuring on the, maintenance costs of the water shed as one of their costs of providing water. Nevertheless, they do not use it to provide water anymore, so it should not be part of their water function. They said it was part of their costs when buying water. Councilwoman Grigorov - I thought one reason it was unlikely they would give that up was because it helped in having a redundant supply system. A backup supply of water in case something happens to Bolton Point. Director of Engineering Walker - Right, but their plant is at such a point that they cannot just close it and expect to bring it back up, it is old . The second source we are discussing with Cornell is that TOWN BOARD MINUTES PAGE 60 JUNE 8, 1998 APPROVED - APPROVED - APPROVED - APPROVED they would pay off their capital costs. They have never had a shortage. That might be a better alternative. Their plant is in better condition and has been renovated recently. However, they have potential contamination problems because of not having a reservoir stream . They could impact it quite fast by what happens in the water shed. As a secondary supply, it makes sense. We may want to utilize their system to produce water to feed South and East Hill . Supervisor Valentino - If we do not use the City plant, we have a fair amount of excess storage in our system already. Director of Engineering Walker - The City put a lot of pressure on the SCLIWC to decide immediately whether or not we could sell them water. That was six months ago. Now they realize they have time, they are not going to rush things, they are going to go through a thorough analysis. Supervisor Valentino - Suddenly their plant is not failing anymore. Director of Engineering Walker - Most of the City Common Council feels they would not mind eliminating the plant because of the costs. It needs a new index structure. I do not know if they feel they need a lot more storage, but they spend a lot of money each year cleaning the sediment trap. Supervisor Valentino - The talks look very encouraging at this point. d. Director of Planning - No Report. Supervisor Valentino explained that Mr. Kanter did not have a report due to his work on the Historic Preservation grant for the new Town Hall. e. Director of Building2oning - See Attachment #13. L Human Resources - See Attachment #14. g. Budget Officer - See Attachment #15. Mr. Carvill - Our budgeted revenue expenses remain in alignment and are consistent with the budgetary intents that were passed in November for 1998. Also, our review of cash for the Highway Fund has been conducted between the Supervisor and myself. All cash is adequate. The short and long term investments have generated a rate benefit of nearly one and a quarter percent more than anticipated. The average cash investment is $ 162, 000 at a rate of 5. 3% for an average term of 105 days. If we were to annualize this, the basis translates into more than $8, 000 of annual interest earnings every time a $200, 000 investment is turned over. There were three specific tasks, among others, the Town Supervisor laid out . for me when I took this position. I am now at the point where I can report on them. The review of the Planning and Development fees has been an ongoing area. With the assistance of Mr. Kanter and Planner Balestra, our search has taken us back to the year 1991 . A separate fund has been implemented to become known as the Planning Review and Application Fund. This fund has been included with the TOWN BOARD MINUTES PAGE 61 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED monthly financial reports . By isolating and identifying these accounts we have added $22 , 000 worth of reimbursements to the town , $ 19, 000 has been deposited to the General Part Town. The General Operating Fund has realized a reimbursement of $3, 000 for prior years engineering costs. As part of examining the accounts for the Review and Application Fees the question pertaining to outside engineering services for other municipalities has also been identified. Certainly looking towards the1999 fiscal and budgetary year our examination and consideration for billing of such services and for the use of town equipment becomes a gray fiscal question . We have conducted the last test in the Street Lighting Inventory. Since February, the Highway Superintendent and I have been working with an outside utility owner. This owner has conducted and completed an inventory list of all of our street lights, (types and location). Armed with this information , we have had the opportunity to meet with the NYSEG representative Don Reynold. Mr. Reynold is going to provide us with a cost analysis at no expense to the town for converting mercury vapors and adding high pressure sodium. A present estimate of savings is indicated to be approximately $2600 a year with this conversion . Councilwoman Russell - Is there a cost of the conversion? Mr. Carvill - I believe that under the NYS Utilities and Regulations, NYSEG is responsible to convert no more than five a year. If we want to convert more there might be some cost incurred. The cost benefit may be significant, versus the excess billing charges. There may also be a rebate back three years. What the outside utility owner indicates to us is that we have been over billed and overcharged within the last six years. We need to review the overall effective savings. Supervisor Valentino - We had a meeting with our auditors to finalize the 1997 Audit. It went very smoothly. We feel comfortable that they looked at the items we wanted reviewed more closely. How to deal with our debt service is now clearly .identified . I think that when you see the final report you will see a format that is easier to understand and identify. We also talked about getting a proposal from them for conducting an audit of the Town Justices' . We really need to look at the record and bookkeeping of our Justices. Town Clerk Noteboom - On June 17, 19981 am turning the tax collection process for the year over to the County with our final payment. The correction of one tax problem was corrected. They have again requested that I turnover my bank statements to them . I would like to inform the Town Board that I will not be complying with their request. There is no reason they would , need to see those statements since all monies have been paid and showing receipt to. them. The law does not require that I disclose the statements. I will let them know that if their auditors need them in the future they can file a FOIL statement to request them. Councilman Klein - Why would they make the request. Town Clerk Noteboom - They want me to audit the interest I received on the Receivers checking account. They claim the interest earned in the month of January should be paid to them based on a pro-rated basis of the portion of the County taxes on the bills paid during the month. The interest TOWN BOARD MINUTES PAGE 62 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED earned in the month of January' s is the towns, because Real Property Tax law requires that the town receive all tax monies before submission of any funds to the County. Supervisor Valentino - We go through this every year, and they still expect us to pay them the interest. Additional Agenda Item No. 3 - Approval of Regular Appointment/Salary Increase for the Water and Treatment Plant Operator Trainee, SCLIWC. Human Resource Specialist Drake - This is Blaise Wright. Director of Engineering Walker - He was a Distribution Operator and went back to a probationary period because of a change to a different classification . Human Resource Specialist Drake - They have a different system than we do. He still is provisional . He has not taken the Civil Service exam but he has completed 26 weeks as a Water Treatment Plant Operator. By SCLIWC standards that makes him no longer a probationary employee. Henan get benefits , but under Civil Service he is still provisional . Supervisor Valentino - He is still probationary. Human Resource Specialist Drake - Once you are provisional your probation does not start until you, have passed and have been appointed off a Civil Service List. I explained to Mr. Parlett that he will still have to go through another probationary period once he has passed the test and is appointed. Supervisor Valentino - I would like to defer consideration of this matter. Agenda Item No. 27.= Consider EXECUTIVE SESSION. Motion made by Supervisor Valentino, seconded by Councilwoman Grigorov to enter into Executive Session to discuss pending litigation , carried unanimously. The Board entered into Executive Session at 10: 32 p . m . Motion made by Supervisor Valentino, seconded by Councilwoman Grigorov to resume regular session , carried unanimously. The Board resumed regular session at 10:40 p. m . Agenda Item No. 28.= Consider ADJOURNMENT. As there was no further business to come before the Town Board a motion was made by Supervisor Valentino, seconded by Councilman Conley to adjourn . Motion carried unanimously. Supervisor Valentino adjourned the meeting at 10:40 p. m . Respectfully submitted , 9'loajnLent Noteboom, Town Clerk TOWN BOARD MINUTES PAGE 63 JUNE 811998 APPROVED - APPROVED - APPROVED - APPROVED *NEXT REGULAR MEETING - July 13, 1998 at 5: 30 p. m . "Minutes Transcribed by Carrie L. Coates. JOAN LENT NOTEBOOM ' Mary J . Saxton, Deputy Town Clerk own Clerk/Receiver of Taxes o4, °F1T� Deborah A. Kelley, Deputy Town Clerk N � wn of Ithaca �' 4 6 E. Seneca Street �� ` 0 Ithaca, 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 TO PROVIDE A SPECIAL LAND USE DISTRICT FOR THE STERLING HOUSE ASSISTED LIVING UNIT AND THE STERLING HOUSE COTTAGE DEMENTIA UNIT ON BUNDY ROAD AND NYS RTE. 96 OWNED BY ALS- NORTHEAST, L. L.C. Location of Sign , Board Used for Posting : Town Clerk's Office 126 East Seneca Street Ithaca, NY 14850 LEGAL ADVERTISEMENT Date of Posting : Friday, June 19, 1998 Date of Publication : Tuesday, June 23, 1998 Town Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SSG . TOWN OF ITHACA ) Sworn to and subscribed before me this .Zq�6k day of _ Mn 42. , 19 Notfryq5ublic Notary Publlc State of New York Reglstratlon 401SA5044003 Ouallfled In Tloga County My Commiselon ExPlres JOAN LENT NOTEBOOM Mary J . Saxton , Deputy Town Clerk Town Clerk/Receiver of Taxes o�4 of 124, Deborah A. Kelley, Deputy Town Clerk Town of Ithaca 126 E . Seneca Street Ithaca, 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 It and the notice has been duly published in the official newspaper, ( Ithaca Journal) : NOTICE OF PUBLIC HEARING : In order that the Town Board may consider a, " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP REZONING A PORTION OF TAX PARCEL NO. 27=1 -11 .2 LOCATED AT THE INTERSECTION OF TRUMANSBURG AND BUNDY ROAD, FROM R-15 RESIDENCE DISTRICT TO SPECIAL LAND USE DISTRICT (SLUD), IN CONJUNCTION WITH THE PROPOSED STERLING HOUSE OF ITHACA & STERLING COTTAGE (formerly Woven Hearts) DEVELOPMENT. 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 : Monday, May 1111 , 4Q98. lz*4L o Coal m� mO, Town Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this a 6 ".k day of w , 194K. N Ma J. Sexton Notary Public, State of New York Registration #01SA5044003 Qualified In Tioga Co my My Commission Expires 0 S 1 CITY OF ITHACA V=� ,rt 310 West Green Street Ithaca, New York 14850=5497 z � OFFICE OF THE FIRE CHIEF �PoRAO Telephone : 607/272- 1234 Fax: 607/272-2793 To: IFD Active Volunteer Personnel Regarding: Support of the 175th Anniversary of the Ithaca Fire Department and Rescue Steamer & Chemical Co. # 2 Rescue Steamer & Chemical Co. #2 and the Ithaca Fire Department are celebrating our 175th anniversary during the year of 1998. On July 11th, 1823, 30 men of the then hamlet of Ithaca, New York joined together to form the first volunteer fire company which was the beginning of the Ithaca Fire Department. The first piece of equipment was a hand drawn pumper. When it arrived in Ithaca it had a #2 painted on it. Thus, the first volunteer company became known as Rescue Steamer & Chemical Co. #21 Today, 175 years later, the Ithaca Fire Department continues our mission of "Saving Lives and Protecting Property ". The Department is made up of 8 volunteer Companies, 64 career firefighters, plus office staff, two ladder trucks, 7 engines, one rescue vehicle, and several smaller vehicles. Our 175 year history is important to recall and preserve; our future is important to prepare for. In commemorating this important anniversary this year, our goal is both to celebrate the Ithaca Fire Department's rich history of community service, and to help support the Ithaca Fire Department as we move into the. 21st Century. As an active volunteer member of the Ithaca Fire Department, we hope you will show your support of this effort and be part of this important milestone for the department by purchasing an Ad or listing in the 175th Anniversary Program Book. Thank you for your consideration of this request. The Program Book Committee 175th Anniversary of Company # 2 and the Ithaca Fire Department June 2, 1998 Attachment ill �99rg - Our 175' Year of Saving Lives and Protecting Property "An Equal Opportunity Employer with a commitment to workforce diversification . " -�f••" w CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 � f z !� C� �..•�.. .,,, 1�� OFFICE OF THE FIRE CHIEF Telephone : 607/272- 1234 Fax: 607/272-2793 07 MAY 98 Mr, Lyle Neigh 321 S . Titus Avenue Ithaca , New York 14850 Re : 1896 Steamer Dear Lyle : Per our discussion , you indicated to me that the Ithaca Veteran Volunteer Firemen's Association ( IVVFA) is considering creating a space to house the 1896 Steamer at their facility at 638 Elmira Road . As described , the space would be a glassed enclosure added to the front of the building . The enclosure would be such that control of temperature and humidity would be possible . As you know, one of the reasons the Steamer was moved from its space at Central Fire Station was to allow us the ability to assess its current condition and to determine what would be required to preserve it , or even restore it. This work is (still) in progress , . and there is continued interest on the part of many people in doing the right thing to preserve this important part of the Ithaca Fire Department's heritage . Given our discussions , I can say that I am supportive of the IVVFA's efforts and would be agreeable to the Steamer being stored and displayed at the IVVFA facility on a long term basis . Also as we discussed , the Board of Fire Commissioners will have the ultimate say here . Appropriate documents detailing the arrangements for this would need to be agreed to and executed prior to relocation of the Steamer to other than Ithaca Fire Department premises . The struggle to preserve our heritage while facing the challenges of the future is not an easy one . Stewardship of our past is important to me and I am glad to have this offer from the Ithaca Veteran Volunteer Fireman ' s Association to work with . Sincerely yours , Bria H . Wilbur Fire Chief cc: Board of Fire Commissioners " T . Dorman M . Irish R . Wheaton 1998 - Our 175'' Year of Serving Lives and Protecting Properly "An Nyual ( ) ppnrtunin F. mpimcr with a commitment to worktirrcc diversification . - Statement on Cornell Lake Source Cooling Project , . to Town of Ithaca Town Board , June 8, 19989 by Doria Higgins The Zoning Ordinance of the Town of Ithaca, as stated in the December 3, 1 §97 revised edition , is "For the purpose of promoting the health , safety, morals or the general welfare of the community, and. . .to secure safety from : . .danger." There is no it can be accurately argued that the Cornell Lake Source Cooling Project ( LSC) is for the good of your community. And there is no way it can be accurately asserted , based on the data now available , that it will not harm Cayuga Lake and therefore harm our community: The article in Saturday's (June 6) Ithaca Journal written by the Cornell spokesperson for the project is misleading to the point of being inaccurate; and if any of you were persuaded by it, the article has done a real disservice to our community. EIS Conclusion About the Effect of Additions of Phosphorus on the Southern Area of the Lake From LSC Are Generally Based. on Assumptions In general the appendix chapters in the Environmental Impact Statement ( EIS) for the LSC provide the actual data on which the assertions in the main body of the EIS are made. Appendix Chapter C- 1. 3 "Phosphorus, Budget Analysis , Southern Cayuga Lake" constantly uses terms such as "estimated ," "assumed," "these data. . .are less certain ." For instance, on page 6, after presenting in previous pages data on phosphorus in the waters of the southern end of the lake , the heading for Section 4 reads, "Impact of Uncertainties in Loading Estimates on Calculation of LSC Impacts ' (underlining added) . The first sentence in that Section reads, "Changes in any of these assumptions have the potential to alter the conclusions of the relative impact of the LSC on Cayuga Lake's phosphorus budget." Small Increments Can Eventually Be Hazardous The Cornell argument in the main part of .the EIS and in discussion seems to be that because the input of phosphorus from other sources (such as the Cayuga Heights and City of Ithaca Wastewater Treatment Plants and runoff from the surrounding hills) is so much larger than the estimated "34 percent" average from LSC that therefore the , addition of "7 percent average" from LSC is harmless, and doesn't matter. Two Cornell Professors, Dr. Norman Dondero, Retired Professor of Applied Microbiology, and Professor Zellman Warhaft, Professor of Mechanical and Aerospace Engineering, both speaking of other matters, have warned of the potential hazards of incremental additions , no matter how small those increments may be. Professor Warhaft, speaking recently at The Bookery, said , "Small changes of certain qualities can mean a lot." The estimated "3 to 7 percent' of . phosphorus the EIS says will be added to the souther end of the L lake may not be L harmful if added to the present percent of phosphorus but if added month after month and year after year it may become disastrous. In a 1968 pamphlet put out by 17 Cornell professors and research associates to protest the proposed nuclear power plant they pointed out that not only was eutrophication (the aging and eventual dying) of Cayuga Lake even then proceeding faster than had been thought Attachment # 2 page 2, June 8 statement but that "It is important to bear in mind that effects of eutrophication (caused by the addition of substances like phosphorus and silt) are usually irreversible ." Some Temperature Effects of LSC Not Dealt With in EIS One important effect discussed in the 1968 Cornell pamphlet was the year round impact on the lake of the temperature changes of the outflow water of the Power Plant1hen proposed (admittedly of a much larger effect on the lake than LSC) . While it is true that the outfall water in the LSC is estimated to ' be cooler in the summer months than the temperature of the water to which it is being added , the outfall water will be warmer than the water to which it is added in late fall , all winter and early spring . The effect of this lake warming is not examined at all in the LSC EIS. According to the 1968 Pamphlet written by Cornell scientists, 'The continued addition of heated water throughout the winter will cause `summer' stratification to begin earlier. The amount by which cooling will be retarded and warming advanced require complex calculations." Later they say, "Because stratification will start sooner and last longer, the lake's growing season will be extended at both ends, with a higher rate of biological production ." While one of those Cornell scientists has called the effects of LSC "trivial" compared to the power plant and also to the ongoing runoff from hills and wastewater plants , the basic premise remains a valid factor to be evaluated , and that has not been done in the EIS. Bolton Point Community Drinking Water Plant You should remember that although the LSC intake pipe is located at a much lower depth than the Bolton Point intake pipe , and is about a mile west of the Bolton Point ' pipe, the LSC intake pipe is pretty much on the same east/west line as is the intake pipe for our drinking water. It is noteworthy that in all the graphs and maps and sketches of the LSC project there is none that shows both Bolton Point and the LSC intake pipe. The nearest such is Figure C- 16=2 in the Appendix, which shows Esty Point, located next to Bolton Point, and the LSC intake pipe which is drawn almost but is not exactly (according to the scale) 2 miles long . Monitoring First of all, the LSC project is truly to all intents and purposes a one-way street. It is unlikely that Cornell will pull back after the 50-70 million dollars has been spent. L if destructive elements are discovered , the "evaluation" and "reevaluation" and plans for remedial measures can go on for ever. The Stream Protection and State Pollutant Discharge Elimination System (SPDES) permit for the , LSC stipulates that sampling data be collected for some types of phosphorus on a weekly and for other types on a monthly basis — for some during the summer only and for others year round. But otherwise the legal specifications are only that the samples be taken in a very large area defined by all of the lake south of an east/west line from McKinneys Point on the east shore to a point onthe west shore near the Ulysses/Ithaca Town Line, and that a written plan of how the samples are to be collected be given to DEC . page 3. June 8 statement I understand that there are plans for . Cornell to pay an outside firm to conduct the monitoring. The basic, inescapable fact is that if destructive effects are discovered ' it will probably not be possible (as pointed .out in the 1968 Cornell pamphlet) . to undolhe damage . Please don't delude yourselves into thinking that "monitoring" can protect your community. As spelled out in SPDES, "Should water quality of the discharge area. . .be proven to have deteriorated because of the addition of the Cornell LSC outfall , the outfall ', location and discharge parameters must be reevaluated . . . . If reevaluation of the outfall is required , Cornell has six months to determine causes and present the methods for ceasing further lake detriment . and for restoring problems created by the LSC outfall ." Note that the permit does not say six months to remediate the problem but six months to present a method to fix the problem ! Remember what the 17 Cornell scientists said back in 1968. "It is important to bear in mind that the effects of eutrophication are usually irreversible." If what they then said is true , by the time any damage . done by LSC is identified it will be too late Wdo anything about it! Please do not let yourselves be intimidated by Cornell or DEC . Please do not place Cayuga Lake in possible jeopardy Please do not vote to approve whatever resolutions need to be passed by you to implement the project. 1058 Signatures Saying Cornell Should Not Be Allowed to Construct the Proposed Lake Source Cooling ' Project Presented to the Town of Ithaca Town Board , June 8 , 1998 Herewith petitions with 1058 signatures of visitors to and . members of our community who are concerned about the possible detrimental effect of the Cornell Lake Source Cooling Project ( LSC) and who don 't think Cornell should be allowed to . experiment with the ecosystem of Cayuga Lake : The phrase in the third paragraph , "which has stirred up contaminants . . ,.from the lake bottom ," was based on the sentence in the LSC Environmental Impact Statement:..'The project area includes . . .the lake bottom sediments underlying these waters , within which and on which the aquatic intake and outfall pipelines will be placed . . . `(Chapter 1 page 1 -4) (underlining added) and on, -the drawing Figure ES-2f at the ' end of the Executive Summary, which shows the intake pipe resting on the bottom of the lake. However, it is now bur understanding that the statement on page 1 -14 that "the intake structure has been designed to minimize the potential scouring of 'the • lake bottom . . ." and that the sketch in Vol . IV Appendix C- 17 showing an intake structure about 21 feet wide and 16 feet :high with the intake pipe about 6 feet off the bottom of the structure is the accurate description of how the intake pipe will lie . The validity of the petition is not challenged by this clarification_ since . mandatory monitoring for the addition of phosphorus and chlorophylla-a in the water from the lake bottom to the outfall area is one of the conditions set by the Department of Environmental Conservation in its "approval" of the project. � r tit Handed in by Doria Higgins , 2 Hillcrest Drive, Ithaca, NY 14850 273-6450 T11e5 e s�sh � E�„ vcs " V( b � eh , g � f'� ered (7y vwc dt`Pt Lr gwVrj d t PETITION TO DENY CORNELL UNIVERSITY PERMISSION TO CONSTRUCT THE PROPOSED LAKE SOURCE COOLING PROJECT IN OUR LAKE Cayuga Lake is a source of joy and beauty and spiritual solace and fun for our community. Cornell should not be given permission to make a $55 million experiment on our lake . It is a community lake . It is not possible to accurately predict the effect the proposed project will have on the lake. Not enough is known about the many variables involved (including sewage and heat) , much less the interaction of those variables. Global warming is now accepted as a fact by the world scientific community. We cannot accurately predict the effect of pumping back (to a shallower and warmer end of the lake) , at the rate of 30,000 gallons per minute , lake water which has stirred up contaminants such as sewage and fertilizers from the lake bottom . Even now, the smell of sewage on some days is grossly offensive at Stewart Park. We know siltation at the southern end of the lake is on the increase. We know undesirable runoff from surrounding hills is on the increase . Because the production of CFCs was stopped by Federal mandate January 1 , 1990, Cornell and every other institution in the country must choose alternate methods of air conditioning. But Cornell should not be allowed to experiment with the ecology of our lake . Signature Printed Name Address 1 . /•'ll.�-�L� ,2 - ��a.0 C MAAivN S , 0 A JL .� yY �vi�� oi� C t,70 AD . iri1 /1Cr1 ( ', le 4. =t-(_ u � - y ,yss~v /ztiv e ! o S S a u 6 90 (00Za,.vh, W It_4I �r� � V I 15 �MIAMWS16u26 17mCA 00y, � `f8 1 1 QMA s P rao e turn petitions to LSCP, 2 Hillcrest Drive, Ithaca, NY 14850. For more petitions call 273-6450. Make copies of this petition, if you wish, to hand out to others. TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 1998 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. Be it enacted by the Town Board of the Town of Ithaca as follows : . Section 1 . The Zoning Ordinance of the Town of Itli'aca as ° readopted, .amended and revise effective February 26, 1968 , and subsequently amended; '.be further amended as . follows : 1 . Article II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the listed permissible districts thereunder to include a district designated as " Special Land Use District No. 10. " 20 The uses permitted in Special Land Use District ' No. 10 are : (a) Two multiple-family dwellings as follows : (i) One multiple-family dwelling consisting of no more than 46 dwelling rooms with associated bath facilities which shall house at . least no more than 53 beds , aggregated with central dining , kitchen, activity, administration, and maintenance areas , and other related community service `space, and (ii) A second multiple family dwelling consisting of no more than 32 dwelling rooms with associated bath facilities which shall house no more than 36 beds, aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space. (b) Subject to site plan approval by the Planning Board, the following accessory uses are permitted : (i) off-street garage or parking spaces for the residents of, employees working at, and visitors to the permitted facilities. (ii) accessory buildings such as storage sheds, refuse Attachment # 3 woven.hts, wp5lithllocallaw May 28, 1998 1 :53pm enclosures, pavilions , gazebos , and other similar small buildings. (iii) common recreational areas including walkways, sitting areas, courtyards , parks , community gardens, and other similar outdoor recreational facilities. (iv) any municipal or public utility structures necessary to the provision of utility services for the permitted facilities . (v) signs, as regulated by the Town of Ithaca Sign Law, 36 Any use in this district shall be governed by all of the requirements, including side yards, setbacks , building coverage , building height, and similar requirements , of a Residence District R- 15 , except as the same may be specifically modified by the terms of this local law. 4. Consistent with the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No . 10 shall be subject to the following conditions : (a) The exterior design, specifications , and plans for all buildings and , design, specifications, and plans for all other improvements to be constructed on the premises and all the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan , the Planning Board shall employ the same considerations it would employ in approving the site plan pursuant to Article IX and Section 78 of the Town of Ithaca Zoning Ordinance. (b) Building permits shall be- required for any construction , including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (c) Any construction for which a permit is granted shall comply with this local law and all other applicable laws, codes, ordinances, rules and regulations. (d) The area being rezoned to Special Land Use District No . 10 shall 2 woven.hts, wp5lithllocallaw May 28, 1998 1 :53pm not be subdivided into more than two parcels . Any subdivision of the area so rezoned shall be accomplished in compliance with all applicable subdivision regulations, ordinances, rules , and statutes . (e) The dwelling rooms in this Special Land Use District No. 10 shall be occupied by adult persons requiring assisted living services or adult persons suffering from dementia, alzheimer disease, or other similar disabling conditions. (f) The operation of the facilities in this Special Land Use District shall comply with all applicable federal, state , county, and local statutes, rules and regulations related to the operation of facilities providing assisted living services and/or care for persons afflicted by dementia and like conditions . (g) There shall be provided at least two parking spaces for every three dwelling rooms, except that the Planning Board may reduce required number of spaces by no more than 25 % in accordance with the criteria set forth in Section 38 , subparagraph 1 of the Zoning Ordinance as amended by Local Law No. 10 for the year 1993 except that there need not be a finding that the occupancy of the building or buildings is intended to be a multiple use. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. 5. Any significant revisions to the Preliminary Site Plan, submitted to the Planning Board May 5 , 1998 , shall be submitted to and be approved by the Planning Board before issuance of any building permits. In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits . Section 2. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 10 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. 3 woven.hts, wp5lithllocallaw May 28, 1998 1 :53ptn Section 3 . Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty- six months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this local law, whichever is earlier, any building permit shall lapse , the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this local law shall terminate and the zoning shall revert to that in effect prior to the adoption of this local law, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this local law, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Special Land Use District by this local law. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will not have " materially commenced" unless, at a minimum, (i) a building permit, if required, has been obtained; (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site ; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. i Section 4. Any violations of the terms of this local law shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in Section 268 of the Town Law of the State of New York. Each week' s continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself and its agencies all remedies and rights to enforce the provisions of this law, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this law fails to comply with any of the provisions hereof. Section 5 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 6. This law shall take effect 10 days after its publication. 4 woven.Hts, wp5litkllocallaw May 28, 1998 1 :53pm SCHEDULE A DESCRIPTION OF PROPERTY TO BE REZONED TO SPECIAL LAND USE DISTRICT NO, 10 ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town of Ithaca, County of Tompkins, and State of New York, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the southwesterly line of Trumansburg Road - New York State Route 96 with the southerly line of Bundy Road; thence north 82 degrees 22 minutes 0 seconds west along the southerly line of Bundy Road 238 . 05 feet to a point; thence south 7 degrees 59 minutes 28 seconds west 337 .41 feet to a point; thence south 37 degrees 0 minutes 32 seconds east 247 .49 feet to a point; thence . continuing in the same direction an additional distance of 141 . 85 feet to a point; thence south 82 degrees 0 minutes 32 seconds east 329.03 feet to a point; thence north 50 degrees 32 minutes 53 seconds east 315. 55 feet to the southwesterly line of Trumansburg Road, New York State Route 96 ; thence north 40 degrees 29 . minutes 44 seconds west along the southwesterly line of Route 96 369 . 21 feet to a point; thence north 34 degrees 44 minutes 6 seconds west along the southwesterly line of Route 96 a distance of 169.41 feet to a point or place of beginning. Said premises are shown as " Proposed Parcel A" and " Proposed Parcel B " on a map entitled " Preliminary Subdivision Plat" made by T. G. Miller, P. C. Engineers and Surveyors, dated; 3/9/ 1998 on Sheet , SK-2, a copy of which map is on filed in the Town of Ithaca Planning Department. 5 eeAT'otc vT j I I New York State Office of Parks, Recreation and Historic Preservation OKSTATIE Finger Lakes Region — PO Box 1055 , Taughannock Park Road , Trumansburg , New York 14886- 1055 607-387-7041 FAX 607-387-3390 Regional Commission: George E. Pataki, Governor Beverly C. Anania, Chair Bernadette Castro, Commissioner Rowland Stebbins III John C. Clancy, Regional Director James Wyckoff I ClementGranoff June 8 , 1998 Linda Jackson i i I Ms , Catherine Valentino , Supervisor Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Dear Supervisor Valentino : I The Finger Lakes State Park Region is concerned with the impact thel proposed amendment to your zoning law dealing with adult entertainment businesses might have on Buttermilk Falls and Robert H . Treman State Parks , i i Two of the light industrial zones . where adult businesses would be per - mitted are located very close to Buttermilk Falls and Robert H . Treman , respectively . In addition , the proposed Black Diamond Trail runs through the area and will connect all four Tompkins County State Parks . The park experience is one that attracts entire families , providing ! wholesome recreational opportunities for everyone , including young children. State Parks play a key role in attracting tourists to .Tompkins County . Tourism is the second largest business in New York State , I Locating adult businesses in close proximity to two of Ithaca ' s state parks seems to contradict the existing use of the area and could lead to ! a decline in visits by families to the parks . . i I . urge you to carefully consider the possible impact of this zoning change on our parks , family recreation and the image the Town of Ithaca wants to project to visitors before making a final decision . We are espe - cially concerned with the provision" in your proposal that allows adult businesses only 250 feet from parklands , and hope you will consider in - creasing that distance to at least 500 feet . Thank you for the opportunity to comment on the proposed zoning amend - ment . j i Sincerely , FINGER LAKES STATE ' PARK , RECREATION AND HISTORIC PRESERVATION REGION John C . Clancy Regional Director I JCC : ts Attachment # 4 An Equal Opportunity/Affirmative Action Agency 0 printed on recycled paper i r 7 June 1998 To : The Town 'Board of the Town of Ithaca Re: Adult Entertainment Use Zoning Having read the adult :entertainment use study prepared by the .town Planning Department it is apparent that a great , deal of time , research and consideration have gone into locating possible adult use sites: The very act of choosing one- or more sites is a decision to sacrifice one or more i neighborhoods to the evils that are so well documented in the report. These include increased crime, loss of business for neighboring commercial businesses, blighting of commercial and residential areas, and decline in 'property values'. The departments report begins by recognizing Ithaca as an area of "unique natural beauty, with gorges and waterfalls, state parks, nature trails and Cayuga Lake. " I have been raising my family in the Inlet. Valley neighborhood, one of the proposed adult use sites, and recognize that with the exception of Cayuga Lake we have all of the { attractions that the planning department is dedicated to .preserve. In the years that we have been herewe have watched the state spend millions, of dollars on playing fields, parking lots, picnic areas and landscaping to make both Treman State Park and Buttermilk Falls State Park places where families and school groups can picnic, swim, camp; hike, . and discover nature; as well as attract tourists to our community from all over the country . % The Town itself has future plans to-conned these parks with bicycle paths. Considering the large investment that has been made in developing the. Inlet Valley as `a recreation area it is counterproductive to place adult entertainment areas at the proposed sites. The most southerly site appears to be within, 500 feet of the Treman Park camping area, and the more northerly site on Rte. 13 is directly: across from the proposed bicycle path. Almost daily we can open the newspaper to headlines of rape, abduction, and child abuse. I don't know what type of individual may frequent an adult entertainment establishment. But as parents, Susan and I are very uneasy with the thought of some deviate leaving a peep show , and cruising one of the parks where children are riding bikes and walking to swimming areas. There may be no good sites for adult entertainment establishments - But adult entertainment•and that provided by the state parks are two very different types of recreation which are incompatible. The parks' are already here - at great taxpayer expense. Respectfully submitted, es R. N4cCutcheon, DDS san R McCutc eonG 3(AAJ3 Ply Attachment # 5 Catherine Valentino Supervisor, Town of Ithaca 126 E. Seneca Street Ithaca, New York 14850 Dear Ms. Valentino and Town Board Members: I am writing to express my opposition to zoning the light industrial areas of the Inlet Valley along Route 13 for potential adult entertainment businesses. These are :my reasons/concerns: l ) This location is right between two of this regions most beautiful NYS parks, Buttermilk and Tre man. ., A great deal of money and effort has gone into making these parks attractive for tourism in this area as well as for local use.. 2) There are in fact many neighborhoods of families and children in this immediate area. These include the following: The Waldorf School of the Fingerlakes, The Calkins road Neighborhood, The Glenside Neighborhood, The Seven Mile Drive area and the Neighborhood up Route 327 3 ) The zoning document indicates these businesses would need only be 250 feet off the roadside which means daily visual exposure for all of the above people - Families and children, Tourists and Campers and all persons traveling by car into Ithaca from the South. In closing I want to commend the board for its attempt to be proactive in this matt er. I also want the board to more carefully review its site selection and reconsider this Inlet Valley site. Sincerely, Lorraine Moran 4 Hackberry Lane Ithaca, New York 14850 Attachment # 6 We , the undersigned , are very much against zoning the li ght industrial areas of the Inlet + Valley for adult entertainment business . we have ' an established neighborhood where we . are tryim.g to raise our children with good likid values s NV Ao Ya�„� i� r,- j le0o erns ��� jQ� 9 q n Ke ,, n Q. 1i ► � � A h v 3 l , Attachment # 7 -June 7 � IGgg 11je ur,,c�a.�.�� r�c� � o�� �/ e�,� rnuc..4, nn� n wILla -(an -es . �,� �yhy m. 0.. Dav-CA n � ce A^A 7 ;Pig mod . :Tag - LM L6 �7#FIte, CQ CJi r <z � Loo Ira 0 rem do ci lot IS 1a ''3 X51 do odd 1PO du L9 Toy) )w kiodopp 0 1 by I Polk do odd �� SIIAN 15 r �( � n ' JUN 81998 CORNELL I014V P 0r tflIP,(iA U N I V E R S I T Y e na nsrr rresr vasn srn raininer-. € Facilities & Campus Services Utilities Department Telephone: 607/254-4790 Lake Source Cooling Project Fax: 607/255-5377 Humphreys Service Building lake_source @comell.edu Ithaca. New York 14853-3701 A summary of the study of conventional central cooling alternatives for Cornell Introduction This summary of central cooling alternatives for Cornell University was prepared to help explain and' amplify information in the final Environmental Impact Statement (EIS) prepared for the Lake Source Cooling (LSC) project. Cornell owns and operates one of the most energy-efficient and cost-effective large or district chilled water systems in the world. The university has won state, national and international awards for the system. Members of its utilities department staff have published and presented papers on the system in international society publications, and chaired technical proceedings for those societies . When people in the air-cooling industry need advice and guidance on "how to do it, " they often turn to Cornell ' s staff for answers. It was the men and women of this staff who studied Lake Source Cooling (LSC) and all other chilled-water alternatives at Cornell . Extensive analysis covered all reasonable alternatives to Lake Source Cooling, including those that have been mentioned by the public in recent weeks. Each alternative was held to the same standards of LSC . Were they environmentally attractive? Technologically feasible and practical ? Economically efficient? Did any approach LSC in terms of using a naturally renewable resource to reduce dependence on chemical refrigerants and substantially decrease use of fossil-fuel energy? Cornell carefully and thoroughly investigated reasonable and feasible alternative cooling technologies, and presented its findings in detail in the final EIS (see Chapter 4, Alternatives) . This detail was deemed appropriate and adequate by the DEC, which was the lead agency. The SEQR regulations require the EIS to include a "description and evaluation of the range of reasonable alternatives . . . which are feasible." [emphasis added] Thus, there is no SEQR requirement that unreasonable or non-feasible alternatives be presented. That is, if an alternative could be eliminated early in the analysis as unreasonable due to high cost, non-feasible scale, high adverse environmental impact, or other factors, the SEQR regulations do not require the applicant to keep pursuing that alternative with further analysis or presentation in the EIS . Attachment # 8 Summary of cooling alternatives for Cornell June 8 , 1998 Page 2 These alternatives included chillers in individual buildings (versus. central chillers), and chillers with varying compressor technologies (centrifugal, reciprocating, and rotary screw). New centrifugal compressor chillers in a combination of sizes and plant locations, with constant and variable speed motors, proved to be the next, or second most energy efficient and cost effective solution to LSC. Cornell engineers and consultants investigated many other technologies to provide energy input to the chillers in addition to. motors driven. by, steam turbines, gas turbines, and reciprocating engines. The overall energy efficiency provided by these technologies is not a significant improvement over purchasing electricity from the utility. The overall energy efficiency and extremely high purchase price and maintenance costs of these energy input devices eliminated them early. in our analysis . Another technology eliminated early in the analysis was an absorption chiller. This is a heat-driven (gas-fired or steam-fired) chiller technology using' a toxic chemical (lithium bromide) as the refrigerant. This technology uses the most energy of any considered, which, together with its highpurchase and maintenance costs made it a very poor choice. A number of other technologies were mentioned by the involved agencies or by the public during the adequacy and public comment periods of the EIS review process. These technologies included. • wind power to generate electricity for chillers • solar power to generate electricity or heat for chillers • hydrogen fuel cells to generate electricity for chillers • electroluminescence, and • ground-sourced heat pump cooling Wind and solar power and hydrogen fuel cells are somewhat common in the popular literature about energy but, as the comment responses stated, they are not reasonable or feasible and cannot be considered as real alternatives to LSC. Electroluminescence is not applicable at all because it involves the generation of light. Ground-sourced cooling, which was discussed in the public comment responses in the final EIS , has received more interest recently. Recent letters to the editor of the Ithaca Journal also have discussed various technologies for generating electricity with cooling as a by-product, with the accompanying conjecture that this would be less expensive for Cornell or more environmentally friendly than LSC. This conjecture is 'incorrect and cogeneration with cooling as a by-product is not a reasonable alternative to LSC. Any currently available method of cooling other than LSC would involve refrigeration and other energy-producing or energy-consuming technologies similar to what is currently in use. No , feasible alternative to LSC can eliminate more than 80% of the current energy usage, while relying on a renewable resource. In addition, LSC is designed to last 75 years, twice the life of conventional alternatives.. Only LSC can provide these overriding benefits. Summary of cooling alternatives for Cornell June 8, 1998 Page 3 Many individuals have asked about the energy required to move the closed loop of chilled water I I between the campus and the lake-shore heat-exchange facility. Because the piping is closed (the water going down the hill pushes the water going up the hill) and optimally sized (to minimize ,friction on the inside of the piping), the energy required is less than one-fifth of that needed for conventional chillers . This may not be intuitive at first glance, but moving water through piping over long distances actually is a very common and energy efficient way to move heat energy. Steam or engine driven chillers Over the last 50 years, water-chilling equipment has been developed for nearly every application and energy input that industry has demanded. Chillers today can be purchased with constant or variable speed electric motors, steam turbines, and natural gas or oil-fueled reciprocating engines . These methods of providing energy input to the refrigeration machines to run a compressor are simply variations on a basic design that utilizes a significant amount of energy derived from non-renewable fossil fuels. The compressor is .the heart of any refrigeration system and consumes the majority of the energy for the total system. Cornell has investigated all of these chiller designs over the last decade as chillers and cooling capacity were added to the central campus chilled-water system. Faced with the need to make major changes to the system due to the phase-out of current CFC refrigerants, rising energy use and costs, increasing cooling needs, and aging equipment, Cornell investigated these alternatives again in addition to Lake Source Cooling. The best solution for Cornell ' s cooling needs was found to be a combination of constant-speed and variable-speed electric motor-driven chillers. This alternative was examined by. multiple consulting engineering firms for comparison with LSC and is summarized in the final EIS in Chapter 4 (Alternatives) . As noted in the introduction, absorption-cooling technology was investigated and eliminated from further consideration . This type of chiller utilizes a chemical, refrigeration cycle that is heat , driven instead of compressor driven. It is applied only where the heat used to run the chiller is extremely low in cost or value relative to electricity. It is applied most often in urban areas where electricity costs are higher, or in applications where large quantities of waste heat are available. Neither is the case for Cornell, eliminating further need to examine this very costly and energy-hungry technology, which uses many times the energy of compressor-driven chillers. Ground-sourced heat pump cooling Ground-sourced heat pump cooling (or ground-source cooling), a technology discussed in the public comment responses in the final Environmental Impact Statement (EIS), is not scalable to the large size needed for the Cornell campus. The very large quantities of ground water and space required are simply not feasible. To date, this technology has been applied only to systems capable of handling up to one-tenth of Cornell's existing needs, and is normally applied to homes in warm climates where heating and cooling can be combined in one system. Summary of cooling alternatives for Cornell June 8 , 1998 Page 4 Ground-sourced heat pumps work like air conditioners, using electricity and chemical refrigerants. Ground-sourced systems can be more efficient than typical residential/light commercial cooling systems because they use the earth, or water in the earth, as the place to deposit the heat removed. But they are not necessarily more efficient overall than Cornell's present system, which uses a combination of electricity, cooling towers, thermal storage, and the cooler nighttime air. They are certainly not more efficient than LSC. A ground-sourced system would be less friendly to the environment than either Cornell's present cooling system or LSC . Some ground-sourced systems use an aquifer capable of huge water withdrawal rates. Such aquifers are not available on East Hill . In the absence of a huge well field, ground-sourced systems can be either horizontal, with the piping buried in shallow trenches, or vertical, with the piping going down to and back from a large number of drilled holes, typically 200 to 500 feet deep. These earth-coupled systems use water or other coolant as a "heat sink" inside piping in the ground. How long would a horizontal trench have to be to handle Cornell ' s cooling load? About 600 miles, with about 1 ,200 miles of plastic pipe. That would mean almost a thousand acres devoted to burying the pipe. Boring closed-system holes into the ground instead would involve drilling about 7,000 holes, for a total of 320 miles of bored depth, and with the same 1 ,200 miles of plastic pipe stuffed in some 300 acres. The environmental impacts of clearing that land and digging five-foot deep trenches every few feet clearly are not acceptable. Therefore, it was determined from the outset that the appropriate scale for ground-sourced systems is impracticably small . For instance, the largest ground-sourced cooling system built to, date is only a tenth the size of Cornell ' s current cooling need. Ground-sourced cooling wouldn ' t save any energy over LSC. The pumping power required by LSC is much less than the pumping power required for a ground-sourced system. This stands to reason because LSC uses about 7 miles of large pipe for both the chilled water and lake water systems versus 1 ,200 miles of small tube for a ground-sourced system. In addition, the ground is simply not cold enough to produce cooling without a compressor. That is the inherent advantage of LSC . The lake is cold enough to eliminate the need for compressors or heat-pumps. This is not possible with any other alternative. The net effect is that LSC is nearly three times more efficient than a ground-sourced system, with far less environmental impact. Contrary to some assertions, ground-sourced cooling was discussed in the final EIS (page 28 of the response to public review comments) . Ground-sourced cooling is simply not a viable alternative to either conventional cooling or Lake Source Cooling. It and many other patently non-feasible options did not warrant any further discussion . Ground-sourced heat-pumps are appropriate for small systems in warmer climates . They are not a feasible or reasonable alternative here. Summary of cooling alternatives for Cornell June 8 , 1998 Page 5 Cogeneration and cooling ' Cogeneration is a term used to describe a system that makes more than one product from the combustion of fossil fuels, typically electricity and heat. This is a technology that has been in use since the first central electricity generating plants were built in this country. Because Cornell has always been interested in managing its energy use, it has been cogenerating electricity since 1937 while it heats the campus. The present facility was built in 1986 and generates about 10% of the electricity used by the campus. Cornell has evaluated and will continue to evaluate further cogeneration in the future. Since 1986, it has been evaluated at least five times as part of regular long term utility planning, including using waste heat to drive steam turbine driven cooling or absorption cooling. Due to the current high prices of natural gas and deregulation in the electric generating industry, it would be unwise for Cornell to pursue further cogeneration at this time. With or without further cogeneration at Cornell, LSC is an outstanding project because it eliminates energy-consuming chillers and associated equipment, and all of their purchase and maintenance costs, energy consuming equipment, and space needs. The elimination of 80% of the energy used for cooling results in an associated reduction in the combustion of fuels and their impacts on the environment. LSC makes sense environmentally and financially, independent of the decision to pursue cogeneration. Lake Source Cooling pumping energy The overriding benefit of LSC is in elimination of the chiller, its compressor and especially the energy needed to run the compressor. LSC can provide cooling with 80% less total energy on an annual basis, utilizing a renewable resource — the deep cold waters of Cayuga Lake. The only energy used in LSC is the energy required to move water. The lake water is pumped with very low pressure energy through the lake water piping and the heat exchangers. The campus chilled water is pumped with a higher pressure energy through five miles of closed-loop pipe to and from the campus. The closed-loop design of the chilled-water piping eliminates the need to pump the water up the hill , allowing the water coming down the hill to help force water up the hill . The pumps only need to overcome the friction of the water inside the pipes. In addition, the pump energy input decreases dramatically with decreasing flow (one half flow requires only one eighth the energy input) . This makes the average energy input much less than the peak, since flow will vary with the cooling needs of the campus. The distance between the lake shore and the center of campus does not create a severe pump-energy penalty to overcome friction inside the pipes when the , piping is sized properly. In Cornell ' s design, the piping has been sized to optimize energy use with first cost, hence the use of 42-inch pipe. As the piping enters the campus, it ties into, existing 15 miles of looped distribution system at five locations, to distribute the capacity of LSC throughout the campus . Although overall pumping energy for LSC at peak is higher than for the chiller alternative, elimination of the chillers by LSC results in the 80% reduction annually in energy use to provide cooling. Summary of cooling alternatives for Cornell June 8 , 1998 Page 6 Summary The New York State Environmental Quality keview (SEQR) regulations require the EIS to clearly and thoroughly- present the reasonable and feasible alternatives to the project being proposed in a way that is understandable to the general public. Study and presentation of alternatives that are not reasonable or feasible or presentation of unnecessarily complex analyses are discouraged. Cornell followed the regulations carefully and thoroughly in developing the draft EIS including the optional public Scoping step to ensure that all the issues of interest would be covered, and agreed to doubling the time period for public review. The study and presentation of alternatives was adequate and appropriate to evaluate conventional chiller based cooling technologies against Lake Source Cooling, a technology with clear and overriding benefits. , If you would like further information, please feel free to contact the utilities department and the project team at Cornell , University through the LSC information call line (607) 254-4790 or email at "lake.source@comell .edu." Agenda Item 24i on ine fj I ' s ace Entry Written Plan' Wayne Sincebauorh October 1997 Attachment # 9 ADOPTED BY TOWN BOARD ON 6 / 8 / 98 - RESOLUTION N0 . 100 (h ) Confined Space Entry--Written Plan I . POLICY The Town of Ithaca is committed to provide a safe and healthful work enyironrnent for our entire staff. In pursuit of this endeavor, the following written program is in place to first identify any Permit-Required Confined Spaces (PRCS) and to eliminate or control hazards associated with PRCS operations . This program is in accordance with the Occupational Safety and Health Administration' s (OSHA) Permit-Required Confined Spaces Standard, Title 29, Code of Federal Regulations 1910. 1,46 . II . RESPONSIBILITIES The Water and Sewer Maintenance Supervisor is responsible for the overall implementation and maintenance of any written program or any . certification concerning the requirements of the PRCS Standard at our facility. The Water and Sewer Maintenance Supervisor is responsible for evaluating the workplace to determine if any permit spaces are present. The Water and Sewer Maintenance Supervisor will be responsible for determining if a PRCS program is required, or if the permit space can be reclassified as a non-permit space, or if alternative procedures can be used. The Water and Sewer Maintenance Supervisor is responsible for ensuring that all affected personnel are properly trained and that refresher training is given. Personnel who may be included are any authorized entrants, attendants, entry supervisors, on-site rescue team members, and employees who may potentially enter the space. The Water and Sewer Maintenance Supervisor. will ensure that rescue and emergency services have been informed of any permit-required confined spaces in the Town of Ithaca and have been given access to the spaces for drills, training, etc . The Water and Sewer Maintenance Supervisor will ensure that all equipment needed for safe entry into anv permit spaces and non-permit spaces is available and in proper working order . Confined Space Entry--Written Plan Page 3 The following hazards may exist in the locations , listed below: Hazardous atmosphere, engulfineytt, acid fall hazard. 11 . Pressure Reducing Valve Vault at '250, 2129, and 371 Stone Quarry Rd . 12. Pressure Reducing Valve Vault Renwick Drive, Renwick and Devon Rd . 13 . Pressure Reducing Valve Vault Northview Rd., 348 Coddington Rd. 14. Pressure Reducing Valve Vault Mitchell Street , across from 909 Mitchell St, 15 . Pressure Reducing Valve Vault East King Rd., 117 East King Rd, 16 . Pressure Reducing Valve Vault Elm Street Ext., 564 Elm St. Ext. 17. Pressure . Reducing Valve Vault Remington Rd., east off East Shore Dr. 18 . Pressure Reducing Valve Vault Ridgewood Rd., east off Wycoff Rd . IV . PREVENTION OF UNAUTHORIZED ENTRY If permit spaces are identified at our work site, the Water and Sewer ` Iaintenance Supervisor will inform exposed or potentially exposed employees of the existence and hazards . The method that will be used will be posted danger signs at each permit space reading " Danger--Permit-Required Confinded Space--Do Not Enter" with the exception of manholes . It has been determined by the Water and Sewer Maintenance Supervisor that the permit spaces identified at our work sites rill be entered by our employees only upon following all entry permit requirements . ' Personnel have been trained that no one is to enter confined spaces in the Town of Ithaca without prior approval and permit from the Water and Sewer tilaintenance Supervisor, Safety Officer, or Town Engineer at any location described on the above list. V . PERMIT-REQUIRED CONFINED SPACE (FRCS) Safe entry procedures have been developed for each permit space at our facility. These procedures specify the proper methods and equipment necessary to conduct the entry operation in a safe manner. A Permit Space Entry Procedure Worksheet has been completed for each permit space and they are located at the Torn of Ithaca Highwav/ Parks Facility, 106 Seven Mile Drive, Ithaca, NY. The Town' s written PRCS Program addresses the following elements for each permit space entered: C• Confined Space Entry--Written Plan Page 5 The training program will include the duties of each team member as listed below : Authorized Entrant Know the hazards associated with the permit space and their effects. Properly use the equipment required for entry. Maintain a continuous means of communication with the attendant. Alert the attendant in the event of an emergency. Evacuate the space if an emergency occurs Attendants Know the hazards associated with the permit space and their effects. * Maintain an accurate account of the authorized entrants . Remain at their assigned station until relieved by another attendant or until the permit space entry is complete . Monitor conditions in and around the permit space. Summon rescue and applicable medical services in the event of an emergency. Perform non-entry rescue procedures . Perform appropriate measures to prevent unauthorized personnel from entering. the permit space. Entnj Supervisors Know the hazards associated with the permit space and their effects. Verify that the safeguards required by the permit have been implemented. M Verifv that rescue services are available and that means for summoning them are operable . * Cancel the written permit and terminate the permit space entry when required. Remove personnel who are not authorized to enter the permit space during entry operations. J Periodically, determine that the entry operation is being performed in a manner consistent with the requirements of the permit space entry procedures and that acceptable entry conditions are maintained . Rescue Personnel x See Hazardous Material Emergency Response Plan for the City- of Ithaca and Town of Ithaca for information on rescue personnel. Confined Space Entry--Written Plan Page 7 Documentation of the training . The following is a list of employees who have been equipped and trained to serve as authorized entrants at our facility. Wayne Sincebaugh , Lovell Safety course 1992, multiple refresher course and study since then. Erik Whitney, Lovell Safety course 1992 & 1997 Charles White, trained by Wayne Sincebaugh on January 15, 1997. David Boves, trained by Wayne Sincebaugh on January 15, 1997, Eric Griffin, trained by Wavne Sincebaugh on January 15, 1997 The following is a list of employees who have been equipped and trained to serve as attendants : Wayne Sincebaugh , Lovell Safety course 1992, multiple refresher courses and study since . Erik Whitney, Lovell Safety course 1992 & 1997 Charles White, trained by Wayne Sincebaugh on January 15, 1997. David Boves, trained by Wayne Sincebaugh on January 15, 1997. Eric Griffin, trained by Wayne Sincebaugh on January 15, 1997. The following is a list of employees who have been trained to serve as entry supervisors : Wayne Sincebaugh, trained by Lovell Safety Management on 1992, multiple refresher courses and study since and developed Town of Ithaca .'.itten Plan. Danial Walker, trained by Lovell Safety Management on 1992 & 1997 Erik Whitney, trained by Lovell Safety Management on 1992 & 1997 Charles White, trained by Lovell Safety Management on 1997 DC, TOWN OF ITHACA'S RESPONSIBILITIES WITH CONTRACTORS When contractors are involved in permit space entry work at our workplace, the Water and Sewer Maintenance Supervisor will inform them of the following information and coordinate any entry operations . • The location of the permit spaces at our facility and that entry into these spaces is only allowed through a permit space program or alternative procedures or space reclassification. • Our rationale for listing the space as a permit space such as any identified hazards and our experiences with the particular space . Confined Space Entry--Written Plan Page 9 resuscitation (CPR) . At least one of these members must - hold current certification in first aid and CPR. The Water and Sewer Maintenance Supervisor will ensure that rescue team members will practice rescue techniques at least annually from the actual or similarly configured spaces . The Water and Sewer Maintenance Supervisor has made arrangements with the Ithaca City Fire Department for off-site rescue and emergency services and they have consented to provide this service. The Town of Ithaca has informed the Ithaca City Fire Department of the hazards they may encounter if they are summoned. The Water and Sewer Maintenance Supervisor has also provided access to the rescue service so they can evaluate the permit spaces to develop appropriate rescue plans and practice rescue operations . If rescue and emergency services are needed, the following procedures will go into effect: Name of Rescue Service: Ithaca City Fire Department, 911 or 273-8000 . Name of Emergency Medical Service : Bangs Ambulance, 911 or 273-8000 . XII TRAINING Training must be given to each employee who has access or potential access to a permit space . The amount and type of training needed will depend on the individual' s duty assignment. For example, some employees may only be required to know the existence, location, and danger posed by a permit space. Others would need considerably more training if they are members of a PRCS team. Still others would need training as it pertains to the type of entry procedures used (i.e. : alternative procedures or reclassifying to non-permit space procedures) . The overall intent of this training is to give employees the understanding, knowledge, and skills necessary for the safe performance of their assigned duties in relation to the permit spaces of concern. Four basic categories have been set up to train employees based on duties and potential exposure : Awareness Training: Awareness training for employees potentially exposed to permit spaces can be satisfied by providing them with the specific information contained in sections III and IV of this document. Confined Space Entry--Written Plan Page 11 0 Documentation of the elimination of the hazards. If the elimination of the hazards or verification of the elimination requires employees to enter the space, then a full PROS program is needed. 0 Training employee on the hazards associated with the space (Le., mechanical chemical, atmospheric) and the methods needed to eliminate the hazards such as : Isolation techniques Lockout/ ragout Disconnection and misalignment of pipes Double block and bleed Blanking and blinding Removal of engulfment hazards Elimination of hazardous atmosphere by draining, inerting, purging cleaning, venting 0 Training employees on the use of entry equipment used including ladders, ground fault circuit interrupters for electrical equipment, etc . 0 Personal protective equipment (e. g., gloves, hard hat, boots, etc. ) including its use, limitations, and required maintenance. 0 A review of the completed written certification form with the employee entering the space . 0 The requirements of Section VII must be reviewed with the employee(s) . 0 Inform employees that any procedures such as welding, cleaning with a chemical, etc. would negate the reclassification and convert the space back to a permit space. 0 Any conditions which may make it unsafe to remove entrance cover. 0 The need for prompt guarding of the entrance opening. 0 Atmospheric testing equipment including its use, method of calibration, and maintenance . 0 Atmospheric testing protocol. Oxygen, combustibles, toxins Pre-entrv, frequent or continuous testing Check all levels of the space. 0 Procedures the employee will follow if a hazard is detected . 0 The evaluation process to be used for re-entry if a hazard is detected or the individual vacates the space and returns some time later. 0 Awareness training to recognize other potential hazards in or around the space . 0 The documentation of the training. XIII . PERMIT REQUIRED CONFINED SPACE PROGRAM REVIEW Within one year of any entry operation, the Water and Sewer Maintenance Supervisor will conduct a review of the program using the canceled entry Town of Ithaca Permit—Required Confined Space Program Appendix F ( smh ) ermit Space Location : Town of Ithaca Sewer Access Structures (manholes) Hazards : Acceptable Entry Conditions : Outside these limits employee to evacuate structure. Oxygen Deficiency or Enrichment 19 . 5 - 23 . 5% Flammable Substances -- --Methane --Other explosive gas or vapor (LEL )< 10% . Toxic Substances --H2S (hydrogen <35 ppm - 8 hour PEL sulfide) < 10 ppm- 8 hour PEL --Carbon Monoxide ngulfinent Check sewer is clear and free of blockages. all Hazard <4 ' Depth of structure. Required - Equipment . Oxygen, CO, H2S and Combustible Gas Meter Forced-Air Ventilation Adequate Length of Hose for Ventilation Retrieval System (full body harness, tripod, winch) Personal Protective Equipment (splash-proof goggles, latex gloves) Radios for Communication Cellular Phone to summon rescue services. Method to Prevent Unauthorized Entry : All town employees are trained that no access structure be entered without authorization from Water and Sewer Maintenance Supervisor for any reason ! Specific Space Entry Procedures : Have Water and Sewer Maintenance Supervisor obtain and complete entry permit for desired location. Refer this written entry program for procedures to follow. Town of Ithaca Permit - Required Confined Space Program ties : Know hazards, use equipment properly, communicate with attendant, and alert attendant of any hazards, exit quickly if ordered to do so . Attendant's Name(s) : Wavne Sincebaugh Dan Walker Erik Whitney Chuck White David Boyes Duties : Know hazards of space, behavioral effects of hazards, keep tract of number of entrants, remain outside of space during entry, communicate with entrants, monitor activities outside space, summon rescue and emergency medical services, take actions to keep unauthorized entrants away from space, perform non-entry rescues, and do no other duties while monitoring entrants . Entry Supervisor's Name(s) : Dan Walker. Erik Whitney Wayne Sincebaugh Chuck White uties : Know hazards of the space, verify that acceptable entry conditions exist, terminate entry operations, verify that rescue service is available, remove unauthorized persons from area, and ensure acceptable entry conditions are maintained at appropriate intervals. Air Monito 'r's Name(s) : Wavne Sincebaugh Chuck White Erik Whitney Duties : Know hazards of the space, know acceptable entry conditions, know how to properly calibrate, use, maintain, and understand limitations of the air sampling device, know how to properly interpret the results obtained from the device . Entry Permit: Entry Supervisor will provide entry permits for PRCS operations . The entry supervisor authorizing entry will complete all entry permits . Upon cancellation of the entry permit by the entry supervisor, the entry permit will be returned to Water and Sewer Maintenance Supervisor. . Procedures for t mmonina escue and ergency y Town of Ithaca Permit—Required Confined Space Program Appendix F ( spsta ) ermit Space Location :Town of Ithaca Sewer Access Structures (Pump P .tation and Valve Pits) Hazards : Acceptable Entry Conditions Outside these limits employee to evacuate structure. Oxygen Deficiency or Enrichment 19 , 5 - 23 . 5% Flammable Substances -- --Methane --Other explosive gas or vapor (LEL )< 10%. Toxic Substances --H2S (hydrogen <35 ppm - 8 hour PEL sulfide) < 10 ppm4 hour PEL --Carbon Monoxide Electrical Power terminated at panel disconnect switch. gulfinent \ Configuration Entrapment Power terminated to pumps as above. Valve closed and tagged out of service during operation. Fall Hazard <4 ' Depth of structure. Required Equipment : Oxygen, CO , H2S and Combustible Gas Meter Forced-Air Ventilation Adequate Length of Hose for Ventilation Retrieval System (full body harness, tripod, winch) Personal Protective Equipment (splash-proof goggles, latex gloves) Radios for Communication Cellular Phone to summon rescue services. Lockout/Tagout Kit Method to Prevent Unauthorized Enta : t It town employees are trained that no access structure be entered without authorization from ter and Sewer Maintenance Supervisor for any reason ! Town of Ithaca Permit - - Recxuired Confined Space Program . Wayne Sincebaugh Erik Whitney Duties : Know hazards, use equipment properly, communicate with attendant, and alert attendant of any . hazards, exit quickly if ordered to do so . Attendant's Name(s) : Wavne Sincebaugh Dan Walker Erik Whitney Chuck White David Boyes Duties : Know hazards of space, behavioral effects of hazards, keep tract of number of entrants, remain outside of space during entry, communicate with entrants, monitor activities outside space, summon rescue and emergency medical services, take actions to keep unauthorized entrants away from space, perform non-entry rescues, and do no other duties while monitoring entrants . Entry Supervisor' s vame(s) : Dan Walker. Erik Whitney Wayne Sincebaugh Chuck White Duties : Know hazards of the space, verify that acceptable entry conditions exist, terminate entry operations, verify that rescue service is. available, remove unauthorized persons from area, and ensure acceptable entry conditions are maintained at appropriate intervals. Air Monitor's Name(s) : Wavne Sincebaugh Chuck White Erik Whitney Duties : Know hazards of the space, know acceptable entry conditions, know how to properly calibrate, use , maintain, and understand limitations of the air sampling device. know how to properly interpret the results obtained from the device . Entry Permit : Entry Supervisor will provide entry permits for PRCS operations. The entry supervisor authorizing entry will complete all entry permits . Upon cancellation of the entry permit by the entry supervisor, the entry permit will be returned to Water and Sewer Maintenance Supervisor. frocedures for unimoning Town of Ithaca Permit - Required Confined Space . Program ulti-Employer Permit Space Entry Operation? Yes X No If yes, develop procedures to coordinate entry operation. ) On occasion City of Ithaca Water and Sewer Department assist during an operation. During this time the city employee is under the authority of entry supervisor for the Town of Ithaca and is required to follow all Town confined space entry procedures. Measures taken to close entry portal and return the space to normal operating conditions : Attendant will ensure all entrants have vacated the space by checking their names off the entry permit. The entry supervisor will verify that the entry operation is complete and terminate the entry permit. The entry supervisor will also check to ensure that the entry portal is replaced properly and that the space is returned to normal operating conditions . Town of Ithaca Permit - Re fired Confined Space Program Ved ic S ace Ent Procedures : e Water and Sewer Maintenance Supervisor obtain and complete entry permit for desired location. Refer to this written entry program for procedures to follow. 2) Isolation Procedures. a) If next to highway be sure all required traffic signs and barricades are deployed. b) \otiffi- Southern Cayuga Lake Intermunicipal Water Commission as to work to be performed on water system. Request assistance in closing vales and cutting electrical as required. Taa all vales, pumps, and equipment out of service during operation. 3 ) Remove entrance cover--allow to ventilate for 5 - I0 minutes. 4) Have attendant conduct air monitoring using calibrated equipment. Test for: a) Oxv2en b) LEL c) Carbon monoxide d) Hvdrogen sulfide If hazardous atmosphere exists, perform forced air ventilation until hazard is gone and then continue for ration of operation. 6) Check and set up equipment required for operation including tripod, personal protective equipment and communication equipment. Have authorized entrant wear personal full-body harness with line attached to fall protection device when depth or height exceeds four (4) feet. 7) Have entry supervisor inspect operation and provide authorization for entry. Post completed and signed entry- permit near entrance for employees to review. 8) Conduct additional pre-entry test and have attendant conduct continuous monitoring for duration of entry operation. 9) Complete work and ensure all authorized entrants have exited from the space. 10) If necessary disinfect tank and/or piping as required. 11 ) Notify entry supervisor for cancellation of the entry permit. 12) Return space to normal operation. 2 Town of Ithaca Permit - Reguired Confined Space Program try rmit : Entry Supervisor will provide entry permits for PRCS operations . The entry supervisor authorizing entry will complete all entry permits . Upon cancellation of the entry permit by -the entry supervisor, the entry permit will be returned to Water and Sewer Maintenance Supervisor, and filed in the confined space log_ Procedures for Summoning Rescue and Emergency Services : Rescue services will be provided by Ithaca Fire Department. Attendant can summon by cellular phone by dialing 911 or by radio calling fire one direct channel 5 . Multi-Employer Permit Space Entry Operation? Yes X No= If yes, develop procedures to coordinate entry operation. 1 ) On occasion Southern Cayuga Lake Intermunicipal Water Commission personnel assist during an operation. During this time these employees are under the authority of entry supervisor for the town of Ithaca and are required to follow all Town confined space entry procedures, easures taken to close entKy portal and return the space to normal operating. conditions : ttendant will ensure all entrants have vacated the space by checking their names off the entry permit. The entry supervisor will verify that the entry operation is complete and terminate the entry permit. The entry supervisor will also check to ensure that the entry portal is replaced properly and that the space is returned to normal operating conditions . 4 Sheetl HOT WORK PERMIT Permit space location: Purpose of entry: 1 ) Hot work to be performed: Grinding Electrical spark-producing equipment Specify Type Cutting Heating Welding Type of Welding ( Locate cylinders outside the permit space) Brazing or Soldering Space Heater ( note: Heater must not be taken into spaces. Fresh warm air should be blown in when needed.) Other sources of ignition 2) Specify nature of work to be performed. 3) Pre-Entry atmosphere testing? YES NO 4) Flammable / combustible gas or liquid present? YES NO Flammable / combustible residue present? YES NO Combustible dust present? YES NO 5) is ventilation provided? YES NO General Mechanical Localized Exhaust Is the ventilation equipment intrinsically safe YES NO 6) Has space been isolated? YES NO Paoe 1 Appendix R - Training Log Emnlovee Name Training Date Assigned Duties Dan Walker Lovell saftey (OSHA) 10 Hrs. 10/1997 Entry supervisor, Attendant, Entrant . Erik Whitney Lovell saftey (OSHA) 10 Hrs. 10/1997 Entry supervisor Attendant, Entrant Wayne Sincebaugh Lovell saftey (OSHA) 30 Hrs, 1992 Entry supervisor, attended Multiple Refresher Courses for PRCS Attendant, Entrant 1992-1998 - 1997-98 Studv and Develop PRCS for Town of Ithaca Charles White Lovell saftey (OSHA) 10 Hrs. 10/1997 Entry supervisor, Attendant, Entrant David Boyes Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant, Entrant Toby Brown Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant, Entrant Scott Dean Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant . Tim Eighmey Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant Eric Griffin Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant Charlie Hulbert Lovell saftey (OSHA)10 Hrs. 10/1997 Attendant , Entrant Jeff Hulbert Lovell saftey (OSHA)10 Hrs. 10/1997 Attendant , Entrant Ray Manning Lovell saftey (OSHA)10 Hrs. 10/1997 Attendant , Entrant Ed Merrick Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant tilonty Mouillesseaux Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant Larry Salmi Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant Ken Seamon Lovell saftey (OSHA)10 Hrs. 10/1997 Attendant , Entrant Rich Tenkate Lovell saftey (OSHA) 10 Hrs. 10/1997 Attendant , Entrant APPENDIX Q - ENTRY PERMIT FORM ENTRY PERMITcm*um k= iwi ATMOSPHERIC TESTING RECORD CONDITION ACCEPU'A.LE 11M PRE-EMRY RMINGS E+iaT REaL'i1+GS (dacalq) ('l .:ie) Qect-rq) r xi (Read"ung) Gael I;rte I r.e) Gv ZOEN EXPLOSIVE(GAS/VAPOR) < 10% U L EXPLOSIVE DUST < U: (S FL hi-15,4) CWON MONOXIDE . SO ppe HYDROGEN SULFIDE )Opp, 0 i rR °AI:,RDS (e.g. HEAT STRESS) RAIME(S) or INITIALS OF TMU iouNG EQUIPMENT USED TYE SEAL No. TYPE - - EdTRYAUTHORIZATION ENTRY AUTHORIZED BY: NAME TIME SIGNATURE DATE POST ENTRY PERMIT AT ENTRANCE TO PERMIT SPACE ENTRY CANCELLATION ENTRY CANCELLED BY: NAME TKE SIGNATURE DATE REASON FOR CANO31A1101t O EtY *dm Campleted a P�d�ed G�ddian Ane (Spry it Agenda Item 24i U' AZA ]c) D 00 U.is MAT. ERIALS Eolr7 / / EA"\ LA. .NJ 11 / S 1 VE.... EN AlAs(AiR ES Attachment # 9 ADOPTED BY TOWN BOARD ON 6 / 8 / 98 - RESOLUTION N0 . 100 (h ) Table of Contents Page I . Purpose 1 II . Pre-Emergency Planning and Coordination 1 III . Personnel- Roles and Lines of Authority 1 IV. Emergency Recognition 2 V. Response , 3 a. Alert and Notification 3 b . Communications 3 C , Protective Actions 3 c VI . Critique of Response 6 VII . Training and Exercises 6 ATTACHMENTS Appendix A (Equipment List) This plan works in conjunction with the City of Ithaca and Town of Ithaca's Emergency Response Plan Page 2 Jecome involved in rescue or mitigation. The appropriate Fire Service agency will be immediately otified . In the event that the Highway Department personnel must temporarily take charge of an incident, Incident Command will be transferred to a Fire Service Officer, Environmental Officer, or other appropriate agency as soon as practical . The Highway Department personnel will confine their activities to those described herein, and will not engage in activities outside of the scope of their training. The policy for the Highway Department personnel When confronted with a hazardous materials incident is to: 1 . Attempt to safely assess hazards that are present in this situation whenever possible, keeping in mind the personal safety of department personnel, as well as the safety of others who may be present. 2. Immediately report the situation to the dispatcher and request that the local Fire Department and Police agency be notified . Implement traffic and crowd control procedures when necessary. Carry out an evacuation of the immediate area if the situations too critical to await emergency services personnel. IV. EMERGENCY RECOGNITION AND PREVENTION The Highway Department personnel, in the performance of their assigned duties, shall remain alert to the possibility of a hazardous materials incident. When encountering traffic accidents, personnel must be alert to evidence of hazardous materials, including placards, unusual vehicle configurations, obvious leaks, and similar signs that indicate a possible hazard . When working with hazardous materials, or with others who are using hazardous materials, department personnel will remain alert to the possibility of an accident. The Highway- Department will maintain current Materials Safety Data Sheets (MSDS) for all hazardous materials which are use by employees, and shall train employees according to the Hazardous Material Communication Standard (HazCom) . The Highway Department personnel are to maintain an awareness of which industrial or other cilities within their jurisdiction routinely manufacture or use hazardous materials . Page 4 d . Avoid inhalation of all gases, fumes, and smoke even if no hazardous material is apparently involved. e . Never eat, drink, or smoke in the area of a possible hazardous material release . 2. Hazard identification a . If first on the scene, attempt to assess the situation at a distance . If binoculars are available, use them to read the placard identification number. If possible, identify any labels, placards, container shapes, shipping papers, and information on the vehicles and contents from the driver without subjecting yourself to any safety hazards. If there is no placard, or the placard is not visible, the vehicle could still contain hazardous materials . b . Refer to the U.S. Department of Transportation Emergency Response Guidebook for information of hazards from the materials involved . C . Inform the dispatcher of the situation, relaying as much information as you know to be fact, and continuously update that information as changes occur. d . If emergency personnel are at the scene, obtain information on the nature of the hazardous materials from them. 3 . Emergency Medical Treatment and First Aid a . Cautiously determine if any injured required rescue and take appropriate action if possible. Leave rescue to emergency services personnel except in extreme cases. NOTE : Without protective clothing, you may not be able to assist anyone without becoming a victim yourself. If you or anyone becomes contaminated or exposed, report this immediately to your dispatcher and to arriving emergency personnel. Isolation or treatment may be required. b . Request emergency medical personnel to respond, even if there are no apparent injuries . Medical assistance should be available as a precaution. ' J Page 6 Decontamination may be as simple as the removal of shoes or boots, or more extensive removal of clothing combined with washing, chemical neutralization, or medical treatment may be required . If contamination is a serious problem, the Fire Service will be responsible for establishing a decontamination station. VI. CRITIQUE OF RESPONSE A Critique of the incident will be conducted at the close of all operations. The critique will be conducted according to policies set forth in Attachment VI, Fire Service Response Plan. The Highway Department personnel shall be debriefed by their supervisor, immediately following the incident. This debriefing will focus on: a. Summary of response activities (who did what) . b. Safety and health issues (are there any injuries, chemical exposures or effects, need for decontamination etc.) C , Immediate problems (lost/ damaged equipment, follow-up of investigation) . VII. TRAINING AND EXERCISES All Highway Department personnel who may be called upon to respond to a hazardous materials incident will be trained as required by OSIER regulations in hazardous materials awareness. Training courses shall be conducted through courses offered by NYS OFPC, other governmental and private concerns . The Highway Department will participate in at least one hazardous materials emergency drill or exercise per year. 11 1990 Kuril 11 • l lil 1 �kN �) l l 1 l4"Fill I ' i� l: ul? Cr�}5t � 1 `) i 'arla 12 1990 Dodge "IB7KM26ZOLS753700 Pickup A71316 Parks "13 1996 lord 1Ton 2FDKF38G7TCA61851 Dum p C39980 Highwa 14 1991 Dodge 1B7KM2628MS338416 Pickup A83603 Engineering 15 1991 Dodge 1B7KIv126Z4MS316574 Pickup A83525 Highway 16 1996 Ford 2FTEF14NOTCA44271 Pickup C45620 Hi hway 18 1989 Dodge 1 Ton 1B6MJC34KOLE2A3298 Dump A57546 Highway 19 1995 4x4 Ford 1 Ton 2FDKF38FOSCA69280 Dump C59884 Parks 20 1995 Oldsmobile 1G3AJ85M8S6410749 Car 037757 Planning 24 1995 Ford AFTEF14N8SNB52114 Car C37760 Engineering 26 1997 Ford 3FTHF26G6VMA59754 Car 059897 Engineering 27 1994 Ford Aerostar 1FMCA11U2RZB27144 Car C29422 Engineering 28 1993 Jeep Cherokee 1J4FJ27S7PL572809 Car A97511 Zoning 29 1994 Jeep Cherokee 1J4TF27SORL245908 Car C31729 Zoning 30 1993 Loader 644G DB644GD5421919 Equipment C14195 Highway 311979 DJ Dozer 312069T Equipment None Highway 32 1978 Loader 930 41K8123 Equipment B26792 Highway 33 1994 Case Backhoe JJG020884 Equipment C29419 Highway 35 1985 JD Mower/ Broom 1,02150A541719 Equi pnunt BI 6920 I- lighwa 36 1997 Badger 970100 Equipment C37843 Highway 37 1997 Champion Grader X027425X Equipment Highway 38 1972 RT Roller 1249) Equipment A97258 Highway 39 1988 Vib Roller V150002U510233 Equipment None Highway 40 1994 Boom Mower JJE090�959 Equipment C31740 Highway 41 1987 Mower 935 Equipment None Parks 42 1982 JD Tractor 650 Equipment None Parks 44 Leaf Vac Equipment None Highway 45 1989 Leaf Vac Equipment None Highway 46 1996 Leaf Vac 264686 Equipment None Highway 47 1997 JD Mower F932 MOF932X160058 Equipment None Parks 48 1997 Case Backhoe JJG0210379 Equipment . .Highway T1 1982 Eager Beaver 112TXT201CA200006 Trailer A97265 Highway T2 1994 Custom Trailer 47625 Trailer C31721 Engineering T3 1990 Owens OTT7000 10WOTTH26LW015133 Trailer A61815 Parks T4 1982 Snowco Trailer Trailer BI 6929 Parks T5 1994 Sewer Jet Trailer None Engineering T6 Shoulder Machine Equipment None Highway T7 1993 Trailer IOWATPJ29PW016997 Equipment C53955 Paris T8 1987 Chipper 3910 Equipment None Highway T9 1997 Chipper 11300 Equipment None Highway T10 1997 Air Com ressor Ec Equipment None Engineerin T11 1998 Vacuum System 1J9111728WC124172 Equipment 066310 En ineering Revised 12/ 97 j Agenda Item No . 26(a) Town Clerk's Monthly Report Presented : Town Board Meeting = June 8, 1998 Town Clerk: The Deputy Town Clerks have been working with Alfred Carvill , Budget Officer and Larry Parlett , SCLIWC reviewing and reorganizing the processes of collecting the water and sewer payments. Customer inquiries and concerns related to partial payments and collection are being analyzed to develop a more efficient and less time consuming process for all . Normal activities and functions were performed . Records Manaaement: The Records Management Advisory Board met on May 26, and began discussions on the establishment of policies and procedures related to electronic media transmissions , (e-mail , web page, internet) . The Board reviewed the City of Buffalo Network Systems Use Policy and User Agreement , The Town Clerk will use this agreement as a model to begin writing the policy for the Town of Ithaca . The model agreement defined many interesting points that had not previously been considered when analyzing electronic media records: Examples - Recreational use by employees . Software , program downloads. Limited access. Monitoring and review of transmissions. Violations of use. The mandatory Records Management Staff Training Sessions will be held on June 23rd . There will be a morning session from 9: 00 a . m . to 11 : 00 a. m . ; and an afternoon session from 1 : 00 p. m . to 3: 00 p . m . The sessions will be identical and will provide all employees with instruction on the use of the MU- 1 Disposition Schedule, and conducting an inventory. Suzanne Etherington , SARA Regional Advisor will be providing the training . Barbara Kretzmann , Conservator has begun restoration of the historical books which were identified in the New York State Library Grant Application . Even though we have not received official notification of any grant award , monies were placed in the 1998 General Fund Budget to pay for the restoration . Ms. Kretzmann will be taking photographs of the books and documents prior to the restoration . Tax Collection: The 1998 Tax Collection season is coming to a close . The collection process will be turned over to Tompkins County shortly after all accounts have been balanced . The Tentative Assessment Roll has been received for the tax year 1999. Attachment 410 AGENDA 1126a T OWN C L E R K ' S MO NT H L Y R E P O R T TOWN OF ITHACA , NEW YORK MAY , 1998 TO THE SUPERVISOR : PAGE 1 Pursuant to Section 27 , Subd I 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 5 . 00 11 MARRIAGE LICENSES NO . 98007 TO 98017 96 . 25 AGRICULTURE REPORT COPY AERIAL PHOTOS 5 MISC . COPIES 23 . 15 COMPREHENSIVE PLAN ENVIRONMENTAL REVIEW MARRIAGE TRANSCRIPT NOISE ORDINANCE RETURNED CHECK — CLERK RETURNED CHECK—TAXES 1 RETURNED CHECK— W&S 11 . 00 OPEN SPACE REPORT POSTAGE SIGN ORDINANCE 1 SUBDIVISION REGULATIONS 3600 17 TAX SEARCH 85 . 00 WATER & SEWER SEARCH 8 ZONING ORDINANCE 68 . 00 A1255 TOTAL TOWN CLERK FEES 291 . 40 A1555 78 DOG ENUMERATION @ $ 1 . 00 78 . 00 A1556 1 SPCA CONTRACT 371 . 80 A1557 1 SPCA IMPOUND FEES 100000 A2530 GAMES OF CHANCE LICENSES BINGO LICENSES BINGO FEES 16 . 16 A2540 TOTAL A2540 16 . 16 A2544 78 DOG LICENSES @ $ 2900 156 . 00 Paid to Supervisor for General Fund 1 , 013 . 36 Paid to NYS DEC for 1998 Sporting Licenses 86 . 00 Paid to County Treasurer for Dog Licenses 129 . 70 Paid to Ag & Markets for Dog Licenses 33900 Paid to NYS Health Department for Marriage Licenses 123 .75 Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses Total Disbursements 11385981 JUNE 1 , 1998 SUPERVISOR STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA JOAN LEST 101180Ott, being duly sworn, says that she is the Clerk of the TONS OF ITHACA that the foregoing is a full and true statement of all Fees and Honeys 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 Mary J. Saxton fL ccw�. Notary Public, State of New York gail,2 Town Clerk J 5+ day of lg rl jualiffed in Tolle Couty My Commission Expires � c 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 $ 291 .40 $ 78. 00 $ 371 .80 $ 100.00 $ 16. 16 $ 156. 00 $ 11013.36 June July August September October November December Year to Date $ 902,351 $ 421 . 00 1 $ 29065. 91 $ 230. 00 $ 300.65 $ 842.00 $ 4,761 .91 i Pa e 1 1 � rr r : fa Agenda 26 ( a ) T N8W YORK MAY 29 3A TOWN OF ITHACA „E S= OF LEARNING THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, N . Y. 12230 NEW YORK STATE LIBRARY DIVISION OF LIBRARY DEVELOPMENT May 19, 1998 Joan Lent Noteboom Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Dear Mr./Ms. Noteboom I regret to inform you that your 1998/99 Discretionary Grant application was not among those selected for funding by the New York State Program for Conservation and Preservation of Library Research Materials. Eighty- seven applications were received this year, requesting approximately one million dollars in assistance. As you know only $500,000 is available for awards each year. Every proposal was read by two outside reviewers, in addition to being read by the Conservation/Preservation Program Administrator. Reviewers provided a general overall rating of each proposal, as well as a rating for each of the evaluation criteria established by the law and regulations. If you would like a summary of the reviewers' ratings and comments on your proposal, please make your request in writing before October 31 , 1998. We will prepare these summaries as quickly as possible, but due to staff shortages in our office you should expect to receive them within four to six weeks of the date of your request. I hope you will continue your conservation/preservation planning during the coming year and consider submitting an application to our program in the future. You remain on our mailing list and will receive the 1998/99 Discretionary Grant Guidelines & Application when they are available later this year, as well as announcements of other Conservation/Preservation Program activities. Sincerely, OF Barbara Lilley Program Administrator Conservation/Preservation Program Agenda Item 26b HIGHWAY DEPARTMENT'S MONTHLY REPORT, MAY 1998 TOWN OF ITHACA TOWN BOARD MEETING, JUNE 811998 Highway Superintendent' s The Eastwood Commons and Honness Lane projects have been going well . The only obstacles we have been encountering have been the underground utilities . The utility companies (gas, electric, phone, and cable) have been working with us on a regular basis to help move any pipes or cables that are in our way. Utilities really slow down the process of underground work. The machinery we have can dig rapidly, but when we get to an area where there is a gas pipe or electric line buried, we are required to dig by hand two feet either side of the utilities to locate it. If the utilities are mis-marked, it requires more manual digging to locate them. The residents' in the Eastwood Commons and Honness Lane areas have been very cooperative. We have had an overall positive relationship thus far, in spite of the dust and noise. We really appreciate this . The Corp . of Engineers will be in Ithaca on June 17. The Town and City of Ithaca will join them for their annual inspection of the Flood Control System. The Northeast Subarea Transportation Study (NESTS) Committee had a public meeting to present information that they have gathered to date. It was also another opportunity for the public to have input. There were only about 15 people in attendance. The NESTS regular meeting was May 28, 1998 , At the meeting, goals and objectives were discussed . A separate Committee will meet to bring together the divergent opinions . Deputy Highway Superintendent' s During May the balk of the time was spent on two Permanent Improvement Projects: Honness Lane and Eastwood Commons . We spent 670 hours of time on Honness Lane and 1 ,055 hours of time on East Wood Commons . Currently, we are replacing catch basins on Strawberry Hill Road, Harwick Drive, and Wildflower Drive. We are also putting underground drainage in on both sides of Honness Lane. We are hoping to have the base asphalt on the Eastwood Commons project in mid-June. We would like to have Honness Lane' s asphalt recycled by the end of June. We have to wait at least 10 days before going over the base asphalt. We started road side mowing in May. This, along with tub grinding, took 92 hours of time . The severe storms on May 31 , 1998, required us to use 8 hours of time for emergency clean up . Attachment # 11 4 ' Town Engineer's Report for 6/8/98 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, is nearing completion of site construction. Phase II erosion and sediment control improvements are being maintained. Final site restoration is expected to be complete in early summer. Mecklenburg Heights Final site design has been reviewed and is acceptable to the Town Engineer. Construction will be coordinated with the City of Ithaca and State DOT to ensure that down stream drainage systems will not be adversely effected. Water supply improvements have been designed and the Town Engineer is preparing construction documents for Mecklenburg Road watermain which will serve the project site and several other properties in the Town. The plan includes a connection to the City of Ithaca watenmain 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 Trunansburg Road water main. Sterling House and Cottage, Tr niansburg Road at Bundy Road _ The Town engineer has reviewed 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. Drainage plans have been reviewed by the NYSDOT and County DPW. EARTH FELL PERMITS Five We Drive, Immaculate Conception No activity on the site during May. 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. FLOOD CONTROL CHANNEL REHABILITATION PROJECT Final site cleanup and restoration will be completed in the Spring of 1998. The annual COE and DEC inspection of the project is scheduled for June 17, 1998. Attachment # 12 h , TOWN ENGINEERS REPORT 6/8/98 PAGE 2 WATER PROJECTS The water tank painting contract has been issued and the contractor plans to start work by the first of July with the work being completed within 6 weeks. 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 final site restoration has been completed and the project is being closed out with final payment. The Town Engineer has completed the design and engineer' s estimate for an 8" watermain improvement on Mecklenburg road which will be installed in cooperation with the Mecklenburg Heights Bid documents are being prepared for the project. SEWER The Buttermilk Falls Road Sewer extension final site restoration work has been completed in May, and the project is being closed out with final payment. STORMWATER Development of the Townwide watershed evaluation is continuing. Base maps were developed utilizing the digital planimetric 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. TOWNHALL The schematic design process for the renovation of the Tioga Street Post office is basically complete. With acceptance of the Purchase Offer by the Postal Service, the boundary survey has been ordered, and conditions of the offer are being completed. The Town Engineer is coordinating with the Post Office's architect to develop a construction schedule. The Town Engineer provided project schedule and cost data for the application for an Environmental Bond Act grant for historic preservation. A project budget has been prepared by the Budget Officer and Town Engineer, which will be updated as the project progresses. Final design and a construction schedule will be established as soon as a firm date for closing is set. C•IRMSENGRIERM806.REP TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF MAY 1998 YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # 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 23,000 4 253,000 1998 0 0 0 0 TWO FAMILY RESIDENCES 1997 1 175,000 1 1759000 1998 1 200,000 6 363,241 RENOVATIONS 1997 2 37700 8 54,958 1998 1 Add basement apartment 39000 2 39800 CONVERSIONS OF USE 1997 1 3,000 2 59500 1998 1 62000 4 49,800 ADDITIONS TO FOOTPRINT 1997 2 75,600 6 2309887 1998 0 0 0 0 MULTIPLE RESIDENCES 1997 1 8,2439000 2 89443,000 1998 0 0 4 127,050, BUSINESS 1997 1 14,000 7 174,500 1998 0 0 0 0 AGRICULTURAL 1997 0 0 0 0 1998 0 0 0 0 INDUSTRIAL 1997 0 0 0 0 1998 1 IC Gannet Library replace windows & heating system 19100,000 3 1 ,719,500 EDUCATIONAL 1997 4 771 ,869 5 371719869 1 17' x 33' inground pool 91500 1 720 sq ft attached garage 61000 I Remove metal Ridley building 5, 100 1 24' x 26' detached garage 59000 1 12' x 26' outside wood deck 49000 I Add shower and relocate laundry 1200 I Repair fire damage 15^000 MISCELLANEOUS 1998 7 45,800 16 126,345 CONSTRUCTION 1997 3 22,900 18 153,566 TOTAL NUMBER OF 1998 11 19354,800 41 29799,736 PERMITS ISSUED 1997 16 9,3321069 53 1296629280 TOTAL FEES 1998 II 1 ,950 41 49580 RECEIVED 1997 16 5,965 53 8,540 Date Prepared: June 1 , 1998 Dani L. Holford Building/Zoning Department Secretary Attachment X613 -.r 3 VWiknsMtonve - building code - pending. From October 1997: 1 . 1447 Trumansburg Road - building code and zoning violation (illegal apartment) - pending. From 5SImIlber 1997: 1 . 119 Woolf Lane - building code - pending. From July 1997: 1 . 527 Warren Road - occupancy - pend ng- From May 1995: 1 , 1152 Danby Road - wning and building code - pending legal action From March 1994: 1 , 132 Forest Home Drive - building code - pending state hearing on 9/19/96 - variance granted - fire alarm installed - exterior stairway pending. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1998 - 38 . TAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1997 - 17 FIELD VISITS THIS MONTH - 98 Building Code - 58 Law and Zoning Inspections - 29 Fire Safety - 0 Fire Safety Reiospections - 8 ( 2 multiple dwellings, 2 motels, 2 day care, I church, 1 business) FirelEmergency Occurrences - I (Coyote Loco) Fire Occurrence Reinspections - 2 TOTAL FIELD VISITS YEAR TO DATE, 1998 - 400 TOTAL FIELD VISITS YEAR TO DATE, 1997 - 424 TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 1998 - 4 TOTAL SIGN PERMITS YEAR TO DATE, 1997 - 2 ZONING BOARD OF APPEALS 1 MEETING, 4 CASES, AGENDA ATTACHED Town Board June 8 , 1998 Agenda Item No. 9 (40 Human Resources Report for May, 1998 Workers' Compensation : Our experience mod for last year (7/ 1 /97 - 6/30/98 ) was 1 . 29% which was our highest rating in the past 10 years . Our experience mod for this year (7/1 /98 6/30/99 ) will be . 1 . 09 % . This 20 point decrease is due to a couple of expenses cases dropping off from the calculation and that we had no reportable cases in 1997 . By increasing our safety awareness and by paying for first aid claims through the Risk Retention fund we will continue to decrease our experience mod . By the 1997 state law any company that has a experience mod over 1 . 20 % has to go through a safety evaluation like we went through last year. I have also heard from Lovell Safety Management that this years dividend check will be about $28 , 000 which is $3000 more than last years . Personnel : In the beginning of May Keith Christoffersen turned in his letter of resignation effective June 3 , 1998 . This position has been advertised and Andy Frost, Supervisor Valentino and I have begun the interview process . We are expecting to make final decisions by the middle of June in order to have the candidate start the beginning of July. Health / Dental Insurance : PHP sent me a comparison of PHP's versus Blue Cross Blue Shields' maximums paid for certain procedures . PHP' s came out to be higher than BC/BS's . It has been decided to offer PHP Dental Plan for 6 months to see if the employees like the plan . Some of the benefits of this plan over BC/BS ' are : 1 . Students enrolled up to age 25 instead of age 19 . 2 . There is no participating provider listing so enrollee can see any Dentist that they like . 3 . The maximum allowable charges are greater. 4 . Orthodontics care is covered up to age 19 with a $ 1000 lifetime max. per child . 5 . The calendar max . is $ 1500 instead of $ 1000 The main disadvantage is that the employee has to pay the dentist first and then send in claim forms to PHP . We are running an open enrollment period now for effective July 1 , 1998 . Attachment # 14 a Personnel Committee : Finished the review of the Tompkins County, City of Ithaca and the Town of Owego' s labor contracts for a comparison to our benefits . A full report of this comparison will be discussed at the June 16 , 1998 Personnel Committee Meeting . Human Resources Office : I redid the Performance Review on Excel instead of Form Tools , to bring the form up to date . Have sent the performance reviews out to the Highway Superintendent and will be sending them on to the other Depart ment Heads the first week of June . The performance reviews are to be completed and returned to me by July 1 , 1998 . Supervisor Valentino and I have met with Larry Parlett and Kevin Kauffman of SCLIWC to start a job classification scale like the Town has . Supervisor Valentino and I have also started reviewing the 1999 salary budgets in comparison to the 1995 Town Board approved Wage Scale . Have done other duties as needed or required . Respectfully Submitted By: Judith C . Drake , Human Resources Specialist TOWNgCA REVENUE and EXPENSE SUMMARY FOR THE PERIOD ENDING MAY 319 1998 --- - - - FUND DESCRIPTION GENERAL GENERAL HIGHWAY WATER SEWER CAPITAL PART-TOWN PROJECT REVENUE rt rt BUDGET $ 11378, 627 $ 569, 463 $ 11171 , 900 $ 13570,960 $ 11837, 663 $ - ACTUAL 112659606 89, 183 2101249 8241491 985, 435 47,350 rt OVER (UNDER) $ (113, 021 ) $ (480, 280) $ (961 , 651 ) $ (746, 469) $ (8529228) $ 47, 350 Un % EARNED 91 . 8% 15. 7% 17. 9% 52. 5% 53. 6% 0. 0% % UNEARNED -8. 2°x6 -84. 3% -82. 1 % 47. 5% -46. 4% 0. 0% EXPENSE BUDGET $ 15918855 $ 769, 644 $ 11396, 303 $ 11757, 467 $ 1 , 616, 475 $ - ACTUAL & ENCUMBRANCE 593, 658 272, 789 6861409 865, 901 588, 286 - OVER (UNDER) $ (998, 197) $ (496, 855) $ (709, 893) $ (891566) $ (110281189) $ - • EXPENDED 37. 3% 35. 4% 49. 2% 49. 3% 36. 4% 0. 0% • UNEXPENDED -62. 7% -64. 6% -50. 8% -50. 7% -63. 6% 0. 0% ESTIMATED FUND BALANCE BEGINNING BAL@ 1 /1 /98 $ 726,807 $ 357176 $ 550,218 $ 7851660 $ 100201817 $ 19871 , 192 . ACTUAL and ACCRUED ADD: REVENUE 1 ,265, 606 89, 183 2101249 824,491 985,435 47, 350 LESS: EXPENSES 5631457 244, 799 495, 223 7338892 5691286 - ENCUMBRANCES 30, 201 27, 990 191 , 187 1321009 18,768 - ENDING BAL@5/31 /98 $ 113983755 $ 1731570 $ 74, 058 $ 7441250 $ 114181198 $ 1 , 918, 542 CASH and CASH EQUIVALENTS CASH ON HAND @5/31 //98 $ 255 683 $ 135, 185 $ 115, 449 $ 132 274 $ 881 327 $ 4,842 INVESTMENTS @5/31 /98 $ 1 , 206, 000 $ 60, 000 $ 100, 000 $ 715,000 $ 5501000 $ 1 , 913, 700 TOWN F T ACA REVENUE and EXPENSE SUMMARY FOR THE YEAR ENDED MAY 31 , 1998 --FUND DESCRIPTION RISK FIRE LIGHTING DEBT TRUST & PLANIREVIEW RETENTION PROTECTION DISTRICTS SERVICE AGENCY APPLICATIONS REVENUE BUDGET $ 11 , 200 $ 1 , 876,012 $ 11 , 759 $ 1 , 018, 600 - ACTUAL 10, 727 1 , 862 931 11 , 857 587, 831 - - OVER (UNDER) $ (473) $ (13,081 ) $ 98 $ (430, 769) % EARNED 95. 8% 993% 100. 8% 57. 7% 0.0% 0.0% % UNEARNED 4. 2% -0. 7% 0. 0% -42. 3% 0. 0% 0. 0% EXPENSE BUDGET $ 3, 700 $ 9863782 $ 13,300 $ 1 , 018, 285 $ - $ - ACTUAL & ENCUMBRANCE 497 9801782 6,723 588, 141 - - OVER (UNDER) $ (3, 203) $ (6, 000) $ (6, 577) $ (4303144) $ - $ - • EXPENDED 13. 4% 99. 4% 50. 6% 57. 8% 0. 0% 0. 0% • UNEXPENDED -86.6% -0. 6% -49. 4% -42. 2% 0. 0% 0. 0% ESTIMATED FUND BALANCE BEGINNING BAL @1 /1 //98 $ 321934 $ 741 $ 23888 $ 5,209 ACTUAL and ACCRUED ADD: REVENUE 101727 1 ,862,931 110857 587,831 - - LESS: EXPENSES 497 9800782 61723 588, 141 - ENCUMBRANCES - - - - - ENDING BAL @5/31 /98 $ 43, 164 $ 882, 890 $ 8,022 $ 4,898 CASH and CASH EQUIVALENTS CASH ON HAND @5/31 /98 $ 31164 $ 11490 $ 80022 $ 231 ,815 $ 409 $ 8, 122 INVESTMENTS @5/31 /98 $ 40, 000 $ 875, 000 $ - $ - $ - $ - TOWN OF ITHACA CASH SUMMARY OF SAVINGS and CHECKING FOR THE MONTH ENDING MAY 31 1998 FUND AMOUNT GENERAL - OPERATING $ 2559683 GENERAL - HIGHWAY 42 GENERAL - KENDALL RESERVE 99 GENERAL PART-TOWN = OPERATING 135, 185 GENERAL PART-TOWN - GRANTS, DEV & IMP RES 76 GENERAL PART-TOWN , REVIEW FUNDS 89122 HIGHWAY - OPERATING 115,449 HIGHWAY - EQUIPMENT RESERVE 822 WATER 1329274 SEWER 8819327 CAPITAL PROJECT RESERVE 43842 RISK RETENTION 3, 164 FIRE PROTECTION 1 ,490 FOREST HOME LIGHTING DISTRICT 1 ,488 GLENSIDE LIGHTING DISTRICT 625 RENWICK HEIGHTS LIGHTING DISTRICT 297 EASTWOOD COMMONS LIGHTING DISTRICT 11133 ! CLOVER LANE LIGHTING DISTRICT 251 WINNER'S CIRCLE LIGHTING DIS T RICT 422 BURLEIGH DRIVE LIGHTING DISTRICT 498 WEST HAVEN RD LIGHTING DISTRICT 11995 CODDINGTON RD LIGHTING DISTRICT 10158 TRUST & AGENCY 409 DEBT SERVICE 49898 TOTAL $ 115519751 Page 1 TOWN ' OF ITHACA CASH SUMMARY OF CAPITA RENOVATION & CONSTRUCTION RESERVE CERTIFICATES OF DEPOSIT @ 5131198 $ 1 ,913,700.00 ADD: EXPECTED INTEREST EARNINGS ON CERTIFICATES THRU 1111199 44,931 .00 TOTAL BUILDING RESERVE CASH $ 1 ,958,631 .00 Page 1 TOWN OF ITHACA INVESTMENT REPORT BY FUND FOR THE MONTH ENDING MAY 3191998 ACQUISITION TERM ANNUAL MATURITY INVESTED ESTIMATED ( DAYS) RATE DATE PRINCIPAL EARNINGS GENERAL FUND 417198 62 5.40% 618198 3029000 29809 4/7198 97 5.40% 7113/98 1102000 11601 4/7/98 125 5.40% 8110198 103,000 11931 5118198 65 5.36% 7/22/98 25,000 242 5118198 65 5.36% 7/22198 219000 203 5129198 45 5.30% 7/13/98 400,000 21650 5129198 73 5.35% 8/10198 145,000 11573 5/29/98 102 5.40% 918198 100,000 19530 TOTAL $ 11206,000 $ 129539 GENERAL FUND - KENDALL RESERVE 5118198 65 5.36% 7122198 $ 20, 100 $ 195 GENERAL PART-TOWN FUND 514/98 42 5.40% 619198 $ 60,000 $ 378 GENERAL PART-TOWN FUND - GRANTS 5118/98 65 5. 36% 7/22198 $ 51 ,300 $ 496 HIGHWAY FUND 5129198 45 5.30%0 7113198 $ 1009000 $ 663 HIGHWAY FUND - EQUIPMENT RESERVE 514198 42 5.40% 619198 $ 73,000 $ 460 WATER FUND 514/98 36 535% 618198 250,000 19338 514/98 155 5.40% 1016/98 1259000 21906 5129198 45 530% 7/13/98 2259000 19491 5/29198 102 5.40% 9/8198 115,000 11760 TOTAL $ 715,000 $ 71494 Page 1 of 2 TOWN OF ITHACA INVESTMENT REPORT BY FUND FOR THE MONTH ENDING MAY 31 , 1998 ACQUISITION TERM ANNUAL MATURITY INVESTED ESTIMATED ( DAYS) RATE DATE PRINCIPAL . EARNINGS SEINER FUND 514198 36 5.35% 618198 450,000 21408 514198 155 6.40% 618198 100,000 21325 TOTAL $ 550,000 $ 41733 CAPITAL PROJECT FUND 2113/98 220 5.40% 9/21198 1259000 41125 3/17198 181 5.40% 9114198 1869000 5,050 3/17/98 272 5.45% 12/14/98 189,000 71783 4/7198 69 5.40% 6/15198 205,700 . 29129 4/7198 99 5.40% 7115198 264,000 3,920 514198 105 5.40% 8117198 231 ,000 31638 514198 154 5.40% 1015198 200,000 41620 5118198 98 5.41 % 8/24198 150,000 21209 5118198 175 5.41 % 1119198 1689000 49418 5/18/98 238 5.46% 1 /11199 195,000 7,039 TOTAL $ 19913,700 $ 449931 RISK RETENTION FUND 5129198 102 5.40% 9/8198 $ 401000.00 $ 612 FIRE PROTECTION FUND 2/6198 157 5.40% 7/13198 650,000 15,308 5113198 61 5.30% 7113198 2259000 21021 TOTAL $ 875,000 $ 17, 328 TOTAL INVESTED PRINCIPAL @5131198 $ 59187,800 TOTAL ESTIMATED INTEREST EARNINGS S@5/31 /98 $ 86,036 Page 2 of 2 TOWN OF ITHACA SUMMARY OF INTEREST EARNINGS FOR THE PERIOD ENDING MAY 31 , 1998 FUND EARNINGS GENERAL $ 24,690 GENERAL HIGHWAY SAVINGS 228 GENERAL - KENDALL RESERVE 381 GENERAL PART-TOWN 49106 GENERAL PART-TOWN - OPEN SPACE RESERVE 1 , 140 HIGHWAY 4,764 HIGHWAY - RESERVE 1 ,576 WATER 159342 SEWER 24, 173 CAPITAL PROJECT - RESERVE 47,350 RISK RETENTION 727 FIRE PROTECTION 29919 FOREST HOME LIGHTING DISTRICT 18 GLENSIDE LIGHTING DISTRICT 8 RENWICK HEIGHTS LIGHTING DISTRICT 5 EASTWOOD COMMONS LIGHTING DISTRICT 18 CLOVER LANE LIGHTING DISTRICT 3 WINNER'S CIRCLE LIGHTING DISTRICT 6 BURLEIGH DRIVE LIGHTING DISTRICT 7 WEST HAVEN RD LIGHTING DISTRICT 23 CODDINGTON RD LIGHTING DISTRICT 14 DEBT SERVICE 290 TOTAL YEAR TO DATE EARNINGS $ 127,787 BUDGETED 1998 148,400 EARNINGS OVER (UNDER) BUDGET $ (20,613} PERCENT OF BUDGET EARNED 86% Page 1 of 1 r TOWN OF ITHACA REVIEW OF BANK COLLATERAL AS OF MAY 31 , 1998 SAVINGS and CHECKING $ 105511751 INVESTMENTS, 511870800 TOTAL CASH ON DEPOSIT $ 69739,551 FDIC INSURANCE (1001000) FMV COLLATERAL ON DEPOSIT 80391 ,746 OVER (UNDER) COLLATERALIZED $ 1 ,552,195 Page 1