HomeMy WebLinkAboutTB Minutes 2002-12-09REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, DECEMBER 9, 2002
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Report of Tompkins County Board of Representatives
4. Report of Fire Commissioners
5. Persons to be Heard
6. 6:30 p.m. - Public Hearing for a "Local Law Modifying the Governance Provisions Related
to the Conservation Board and Amending and Restating Local Law Number 4 of the Year
1993 which Redesignated the Town of Ithaca Conservation Advisory Council as the Town
of Ithaca Conservation Board".
7. SEQR - A "Local Law Modifying the Governance Provisions Related to the Conservation
Board and Amending and Restating Local Law Number 4 of the Year 1993 which
Redesignated the Town of Ithaca Conservation Advisory Council as the Town of Ithaca
Conservation Board".
8. Consider Adoption of A "Local Law Modifying the Governance Provisions Related to the
Conservation Board and Amending and Restating Local Law Number 4 of the Year 1993
which Redisignated the Town of Ithaca Conservation Advisory Council as the Town of
Ithaca Conservation Board".
9. Consider Approval of Creation of Capital Project Fund for Burns Road Water Main
Extension
10. Consider Award of Contract for Burns Road Watermain Extension
11. Discussion of Proposed Town of Ulysses Water District #4 and Consent for Lead Agency
Designation
12. Consider Recommendation of Appointment of Lenore Durkee to the Tompkins County
Environmental Management Council (EMC)
13. 6:45 p.m. - Consider A Sketch Plan For A Development Proposal Involving The Rezoning
Of Portions Of Tax Parcel No. 37.-1-17.1 and No. 37.-1-18 at the Southwest Corner of
Danby and West King Roads, and Consider Referring Said Proposal and Rezoning
Request to the Planning Board for a Recommendation and Sketch Plan Review
^ 14. Consider Amendment to the Steams And Wheler Contract for the DEIS for the
Intermunicipal Sewer Project to Cover Cost of Archaeological Investigation and Other
Additional Costs.
15. Report on Phosphorous Removal Project at Ithaca Area Wastewater Treatment Facility
16. Consider Setting Public Hearing for Extension of the City of Ithaca Fire Department
Memorandum of Understanding
17. Consider Approval to Amend and Restate the Model Deferred Compensation Plan
18. Consider Commercial Insurance Coverage
19. Consider Adding Hearing and Vision Rider to Health Insurance
20. Consider Resolution of Appreciation for Mary Bryant's Years of Service
21. Consider Resolution of Appreciation for Charles Hulbert's Years of Service
22. Authorization for the Attorney for the Town to Prosecute Noise Ordinance Violations in
Town Court
23. Discussion of Town Historian and DeWitt Historical Society Contract
24. Discussion of Conducting a Dog Enumeration
25. NYS Association of Towns 2003 Training School & Annual Meeting
26. Consent Agenda
a. Approval of Town Board Minutes of November 7, 2002
b. Town of Ithaca Warrants
c. Bolton Point Warrants
d. Approval of Floating Holiday
e. Holiday Tree Pick Up Date
f. Set 2003 Town Board Meeting Dates
g. Appointment of Senior Typist
h. Authorization for Planning Intern
i. Approval of Dental Insurance Rates
j. Appointment of Water Treatment Plant Operator
27. Report of Town Officials
a. Town Clerk
b. Highway Superintendent
— c. Director of Engineering
d. Director of Planning
e. Director of Building/Zoning
f. Human Resource Manager
g. Budget Officer
h. Network/Records Specialist
i. Attorney for the Town
28. Report of Town Committees
a. Purchase of Development Rights Committee
b. Capital Planning Committee
c. Cayuga Lake Watershed Intermunicipal Organization
d. Codes and Ordinances Committee
e. Fire Contract Negotiating Committee
f. Personnel Committee
g. Public Works Committee
h. Safety Committee
i. Sewer Contract Committee
j. Special District Benefit Assessment Committee
k. Transportation Committee
29. Review of Correspondence
a. 11/17/02 Letter from Mayor Alan Cohen regarding Cost Sharing for Interceptors
b. 11/22/02 Letter from C. Valentino to Mayor's letter regarding interceptors
c. 11/25/02 Letter from Mayor Cohen regarding Cost Sharing for Interceptors
d. 11/08/02 Letter from NYS DEC re Accounting and Revenue Collection Problems
associated with conservation licensing program
e. Letter from Ithaca Youth Bureau Outing Staff
f. 11/8/02 Thank you letter from David Tyler re Cable Franchise Agreement
g. 11/22/02 Letter from James Seward re Capping the Cost of Medicaid
h. October 2002 Cayuga Heights Fire Department Monthly Report
30. Consider Executive Session to Discuss Personnel Issues
31. Adjournment
Regular Town Board Minutes December 9,2002
Approved January 13,2003
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, DECEMBER 9,2002 AT 5:30 P.M.
215 NORTH TIOGA STREET, ITHACA, NEW YORK
BOARD MEMBERS PRESENT: Supervisor Valentino, Councllwoman Russell,
Councllwoman Grigorov, Councilman Lesser, Councilman Burbank, Councilman NIederkom
TOWN OFFICIALS AND STAFF PRESENT: Tee-Ann Hunter, Town Clerk; John Barney,
Attorney for the Town; Dan Walker, Town Engineer; Fred Noteboom, Highway
Superintendent; Jon Kanter; Director of Planning; Al Carvlll, Budget Officer; Judy Drake,
Human Resources Manager; Andy Frost, Director of Building and Zoning
OTHERS PRESENT: Bob RomahdwskI, Ithaca Fire Department; Tim Joseph, Tompklns
County Board of Representatives; Josh Bennett, 305 Sunnyvlew Lane; Kenny RItter, 249
Coddlngton Road; John Hockzlmer, 222 Coddlngton Road; Peter Spen, 507 Triphammer
Road; Dave Auble
EXCUSED: Councilman Klein
CALL TO ORDER: The meeting was called to order at 5:30 p.m. and Supervisor Valentino
led the assemblage In the pledge of allegiance.
Agenda Item NO. 4 - Report of Fire Commissioners (Attachment #1 - written report)
Bob RomanowskI appeared before the Board with the monthly report from the Fire
Commissioners.
Agenda Item No. 3 - Report of Tompkins Countv Board of Representatives
Tim Joseph appeared before the Board with the monthly report from the Tompklns County
Board of Representatives.
Mr. Joseph told the Board he planned to appoint a Tax Policy Committee In 2003. The
committee would be charged with connecting with other local governments to talk about
changes In the tax structure to make the taxes more progressive and take the burden off
sales and property taxes. Changes would be taken to the State to "see If we can convince
them that there are some better ways to do taxation".
Supervisor Valentino reported on a meeting of Town officials regarding the State mandate for
a Hazard Mitigation Plan. The deadline for the plan to be In place Is 2003 with talk of
extending that deadline to November of 2004. Supervisor Valentino reported there was grant
money available and the Town Supervisors had discussed joining together to better their
chances of receiving it. The group had a preliminary discussion with Ed Marks of the County
Planning Department who Indicated this was not something that was high on his list of
priorities. The group Is meeting agalq on the 19"^ and Inviting Ed Marks, Steve WItcher, and
Lee Shurllff In an attempt to convince County Planning to move this project up on their priority
list. Supervisor Valentino stated the group would probably need to hire a consultant to help
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Regular Town Board Minutes December 9, 2002
Approved January 13,2003 ^
pull together a coordinated grant application. She stated Ed Marks would be the perfect
person to get all the parties coordinated and invited Mr. Joseph to attend the upcoming
meeting. ^
Agenda Item No. 5 - Persons to be Heard
Kenny Ritter, 249 Coddington Road
Mr. Ritter appeared to comment on the Time Warner franchise agreement. Mr. Ritter's
purpose in coming before the Board was to comment on what he perceived as a substantial
change in the way Pegasys will be structured. He stated that Pegasys used to have 5
stations, but pending implementation of the new franchise agreement there will be only three
stations. Channels 76 and 78 will be eliminated. Channel 76 currently broadcasts the
SCOLA programming which Is a series of news shows in the language of the host countries
and channel 78 Is one of the two public access stations. Mr. Ritter stated that these
eliminations were not mentioned during the public hearings and the draft contract he received
did not mention a reduction of service.
Councilman Burbank stated that SCOLA programming will not be eliminated, it will be shifted
to another of the Pegasys channels. Mr. Ritter was concerned that this will produce an over
crowded schedule.
Supervisor Valentino told Mr. Ritter that the City was really the "key player" regarding
Pegasys. Mr. Ritter stated the City agreement has not yet been signed and a public hearing
will be held on January 15.
In response to comments stating the Town was unaware of this reduction during negotiations.
Supervisor Valentino stated the Town was aware. When, during negotiations, it came down
to how much the Town would, for the first time, chip in for public access there was some
resistance to paying the extra amount. The Town was willing to chip in at a certain level and
it went back to the City to see how much they would be willing to fund.
Councilman Burbank shared Mr. Ritter's concern and stated he spoke with Steve Shay who
told him that typically cable companies will make the argument that they have more space
than they know what to do with. A negotiator, may buy that argument, but leave in the
contract a provision that if usage goes up to such a level that you create a traffic problem,
you expand out again. There was disagreement as to whether there would be added cost to
the Town for maintaining additional public access channels.
Supervisor Valentino recommended that since the City has not signed their contract, Mr.
Ritter should focus his energies there. Mr. Ritter stated he knew that, but wanted to make the
Town Board aware of the situation. Supervisor Valentino stated we were basically told that
we were going to be provided with essentially the same service. Attorney Barney added what
Time Warner told them was there would be reduced production times.
Agenda Item No. 10 - Consider Award of Contract for Burns Road Waterman Extension
(Attachment #2 - Bid List)
n
Regular Town Board Minutes December 9,2002
Approved January 13,2003
Supervisor Valentino reported that the bids for the Burns Road project had come in lower
than expected. Mr. Walker reviewed the bids with the Board. The low bidder, Dean Calice
bidding $81,339.00, has done other projects for the Town including one at Buttermilk Falte
and the Mecklenburg water main extension. Mr. Walker stated they had done good work.
While initially concerned about the low bid, he talked with the office manager who told him
they knew the bid was low, but they wanted the job to finish the year out. Mr. Walker
reported that it was about a 2 to 3 week job with a little restoration work in the spring.
TB RESOLUTION NO. 2002-193 - Authorization for Award of Contract for Burns Road
Water Main Extension
WHEREAS, The Town of Ithaca on December 5, 2002 received bids for construction of the
Bums Road Water Main Extension, and;
WHEREAS, The Town Engineer has reviewed the bids and qualifications of the bidders and
has determined that the low bid of $81,339.00 for the total project made by Dean
Calice Construction, is a qualified bid, and;
WHEREAS, The Town will establish a capital Project Fund for the Construction of the Bums
Road Water Main Extension and the Funds available are sufficient to cover the
cost of this construction contract, and;
WHEREAS, The Town Engineer has recommended the award of contract for construction of
the Burns Road Water Main Extension be made to Dean Calice Construction for
the amount of $81,339.00, now,
THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the award of the
contract for the construction of the Burns Road Water Main Extension be made
to Dean Calice Construction for the amount of $81,339.00, subject to final
approval of the contract documents by the Town Engineer and the Town Attorney.
MOVED: Councilman Lesser
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Agenda Item No. 9 - Consider Approval of the Creation of a Capital Project Fund for
Burns Road Water Main Extension
TB RESOLUTION NO, 2002-194 - Consider Creation of Capital Project Fund for Burns
Road Water Improvements
Regular Town Board Minutes December 9,2002
Approved January 13, 2003
r"
RESOLVED, the Town Board hereby authorizes the creation of a Capitai Project Fund
for the Burns Road Water improvements and the funding of the project from the Water Fund
Balance in the amount of $ 100,000.00.
MOVED: Councilman Niederkom
SECONDED: Councilman Burbank
VOTE: Supervisor Vaientino, aye; Counciiwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 12 - Consider Recommendation of Appointment of Representative to
the Tompkins Countv Environmental Management Council
TB RESOLUTION NO. 2002-195 - Appointment to the Tomokins County Environmental
Management Council
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby recommends
and requests that the Tompkins County Board of Representatives appoint the following
individual for the term of office indicated to serve as a Town of Ithaca Representative on the ^
noted council: |
TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL:
(two year term)
Barney Unsworth (Conservation Board member)
232 Renwick Drive
Ithaca, NY 14850
Term: January 1, 2003 - December 31, 2004
MOVED: Councilwoman Russell
SECONDED: Councilman Burbank
VOTE; Supen/isor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 11 - Discussion of Proposed Town of Ulvsses Water District #4 and
Consent for Lead Agencv Designation (Attachment #3 - Memo from John Kanter and
Letters) ^
!
Mr. Kanter reported the Town of Ulysses had been approached by three Dubois Road residents,
living just north of the Town of Ithaca boundary, and asked to connect to the Town's water
system with a 2" water-line. The Town of Uiysses sent us the documentation starting the SEQR
Regular Town Board Minutes December 9, 2002
Approved January 13,2003
process. Mr. Kanter had not yet seen an official request from Ulysses, but has been told by
Supervisor Austic that he was sending one.
Mr. Walker stated that, from a technical standpoint, the Town did have the capability to supply
the water. He further stated that the proposed small-diameter service line for the three houses
is fine. The houses had been in the original water district that Ulysses proposed, but were
eliminated when they scaled back the project due to cost constraints of running water down
Dubois Road to Wilkins and back up. These three households still had a significant need so
they petitioned the Town of Ulysses Board for creation of a water district.
The resolution before the Board is to designate the Ulysses Town Board as lead agency for
purposes of environmental review.
Supervisor Valentino asked if the Town of Ithaca would become an involved agency. Mr.
Kanter stated we might be considered an involved agency with the Town of Ulysses
coordinating the environmental review on our behalf. Mr. Kanter stated he had looked at
possible areas of concem. The three lots and the water line are not in an agricultural district,
although there is a substantial district around this area. Normally the thing the Town of Ithaca
would look at would be whether there would be any growth inducing impacts, based on the
zoning and uses in the area Mr. Kanter did not see that as an effect of the project.
TB RESOLUTION NO. 2002-196 - Concurrence of Lead Aaencv Designation of the
Ulvsses Town Board for the Ulvsses Water District Number 4
RESOLVED, that the Town Board of the Town of Ithaca concur in the designation of
the Town Board of the Town of Ulysses as the lead agency for State Environmental Quality
Review Act review of the proposed formation of, and installation of facilities by, Ulysses
Water District Number 4 to be located entirely in the Town of Ulysses. Tompkins County,
New York.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 6 - Public Hearing for a "Local Law Modifying the Governance
Provisions Related to the Conservation Board and Amending and Restating Local Law
Number of the Year 1993 which Redesionated the Town of Ithaca Conservation Advisory
Couneii as the Town of Ithaca Conservation Board (Attachment #4 - Public Notice. Local
Law and SEQR)
Supervisor Valentino opened the public hearing at 6:30 p.m. There was no one present to
comment and she closed the public hearing at 6:32 p.m.
Regular Town Board Minutes December 9, 2002
Approved January 13,2003 ^
TB RESOLUTION NO. 2002-197 SEQR: Proposed Local Law Modifying the Governance
Provisions Related to the Conservation Board and Amending and Restating Local Law
Number Four of the Year 1993 Which Redesianated the Town of Ithaca Conservation ^
Advisory Council as the Town of Ithaca Conservation Board
WHEREAS, this action is the enactment of a local law modifying the governance
provisions related to the Conservation Board and amending and restating local law number
four of the year 1993 which redesignated the Town of Ithaca Conservation Advisory Council
as the Town of Ithaca Conservation Board; and
WHEREAS, said proposed local law would include a new "Associate" category to
provide assistance to the Conservation Board and participate on committees, clarification
regarding appointment of a representative to the Tompkins County Environmental
Management Council, and other updates and clarifications regarding bylaws, committee
membership and voting, and other organizational and administrative matters; and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is
legislatively determined to act as Lead Agency in environmental review with respect to the
enactment of local laws; and
WHEREAS, the Town Board, at a public hearing held on December 9, 2002, has j—
reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and i
II for this action;
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and,
therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
MOVED: Councilwoman Grigorov
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman
Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn,
aye.
TB RESOLUTION NO. 2002-198 - Adopting a "LOCAL LAW MODIFYING THE
GOVERNANCE PROVISIONS RELATED TO THE CONSERVATION BOARD AND ^
AMENDING AND RESTATING LOCAL LAW NUMBER FOUR OF THE YEAR 1993 WHICH
REDESIGNATED THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS
THE TOWN OF ITHACA CONSERVATION BOARD"
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town on December 9, 2002, at 6:30 p.m. to hear all
interested parties on a proposed local law entitled "LOCAL LAW MODIFYING THE
Regular Town Board Minutes December 9, 2002
Approved January 13, 2003
GOVERNANCE PROVISIONS RELATED TO THE CONSERVATION BOARD AND
AMENDING AND RESTATING LOCAL LAW NUMBER FOUR OF THE YEAR 1993 WHICH
REDESIGNATED THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS
THE TOWN OF ITHACA CONSERVATION BOARD", 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 617 of the Implementing Regulations to Article 8 of the
Environmental Conservation Law (the State Environmental Quality Review Act ["SEQRA"]), it
has been determined by the Town Board that adoption of said proposed ordinance is an
unlisted action and that adoption of said proposed local law would not have a significant
effect upon the environment and could be processed without further regard to SEQR; and
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law
entitled "LOCAL LAW MODIFYING THE GOVERNANCE PROVISIONS RELATED TO THE
CONSERVATION BOARD AND AMENDING AND RESTATING LOCAL LAW NUMBER
FOUR OF THE YEAR 1993 WHICH REDESIGNATED THE TOWN OF ITHACA
CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION
BOARD," a copy of which is attached hereto and made a part of this resolution; and it is
further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local
law with the Secretary of State as required by law.
MOVED: Councilwoman Russell
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 13 - Consider Sketch Plan for a Development Proposal Involving the
Rezonina of Portions of Tax Parcel No. 37.-1-17.1 and No. 37.-1-18 at the Southwest
^ Corner of Danbv and West Kino Roads, and Consider Referring Said Proposal and
Rezonina Reauest to the Planning Board for a Recommendation and Sketch Plan
—t Review (Attachment #5 - Memo from J. Kanter)
Brian Clump, working for Engineer Gary Wood and Reagan Land Surveying, appeared
before the Board on behalf of Dave Auble. Mr. Auble was also present.
Regular Town Board Minutes December 9, 2002
Approved January 13, 2003
Mr. Clump told the Board that Mr. Auble Is proposing to subdivide a 15-acre piece of property
located at the intersection of West Kind Road and Danby Road. Mr. Auble wants to
subdivide the parcel into 8 lots: six would be single family residential, a seventh lot would
contain 16 apartment units configured into 4 buildings, and the eighth lot would be reserved
for future commercial use.
The subdivision boarders State parkland and has been designed so that the single family
housing boarders the parkland, then there are apartment units, and commercial along Danby
Road. Mr. Clump described this as a natural increase in density from parkland to
commercial. Mr. Clump reviewed the current zoning of the parcel with the Board. It is mostly
Business 0, with a small lot zoned Business D at the intersection of West Kind and Danby
Roads. There is an additional parcel zoned Multiple Residence located in the northwest
corner of the parcel
The subdivision is proposing to change lots 1 through 7 to Multiple Residence. Lot 8 would
remain as it is, mostly Business C with Business D at the intersection. There is a sanitary
sewer line that runs through the westerly portion of lot 8. The subdivision would connect to
that sewer line. There is also an existing water line north of West King Road. Mr. Clump
would propose connecting to that water line and extending a water line parallel to the
proposed road. The proposed road would be built to Town specifications with the intention of
dedicating it to the Town.
' 1 '
Regarding storm water management, Mr. Clump stated that there is currently a swale running
more or less through the center of the property. The developer would leave the swale as Is
and not alter the existing vegetation in or near that swale. They would create a storm water
management pond to the westerly side of the proposed road, which is the downhill side, to
mitigate any increased runoff and "any pollution control measures that need to take place".
In response to questions from Mr. Walker, Mr. Clump stated that 5 of the 6 single-family
homes would need individual grinder pumps.
Mr. Kanter told the Board that what was being requested at the evening's meeting was to
refer the project on to the Planning Board. A sketch plan discussion of the project Is a
tentative agenda item for the December 17**^ Planning Board Meeting.
Mr. Noteboom questioned a line running through the storm water management pond as
depicted on the plans. Mr. Clump stated that originally they were planning to have the pond
owned by lots 3 and 4. They have had discussions since the plans were submitted and
determined that it makes more sense to have the pond either dedicated to the Town or
included as part of lot 7. The reason for making it part of lot 7 is that lot 7 will be creating ^
most of the pollution and increased runoff. It is an issue that needs to be worked out.
Mr. Kanter stated he was putting together a memo regarding park and open space set-
asides. He gave the example that, if the pond is going to be dedicated to the Town, maybe a
larger piece of land could be dedicated to the Town, which would also have some parkland
potential. Councilwoman Grigorov stated that a large part of the original parcel was
conveyed to the State Office of Parks and questioned whether that might be in lieu of
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Regular Town Board Minutes December 9,2002
Approved January 13, 2003
parkland. Mr. Kanter stated that it is something the Planning Board could look at. He went
on to say that the project is proposed as a multiple residence development and, in addition to
the subdivision parkland reservation provision in the subdivision regulations, there is also a
^ provision in the multiple residence district of the zoning that says "an adequate recreation site
shall be provided within a multiple residence development". The intent is to serve the
residents of the development, not Just an open space purpose.
Supervisor Valentino stated that the requested zoning change is pretty much in line with what
is contained in the proposed Zoning Ordinance. Options under consideration are multiple
residential, low density residential, or a special land use district. Supervisor Valentino stated
that what was before the Board was to determine whether they would consider a zoning
change after review by and recommendation from the Planning Board.
Councilman Niederkorn stated that the proposed project is a pretty good example of what
"smart growth" is all about, with the concentration of dwellings around a commercial facility.
He stated if it is zoned for apartments, multi-family, that implies site plan approval. He stated
he presumed that site plan approval conditions might say, "this is the plan that has to be
builf. You might not have the potential for additional multi-family housing if the six single-
families aren't built.
Attorney Barney stated he and Mr. Kanter have had a bit of a disagreement whether to
rezone or create a Special Land Use District. Mr. Barney stated if you go to multiple
residence and somebody comes in later and wants to change one of the single family lots to
multiple residence, there's a presumed right to do so if It is zoned multiple residence. You
have site plan review, but you can't arbitrqriiy say at that point, "No, we're going to make you
stick with the single family". If you had the Special Land Use District and you built law around
the specific proposal then you do have a basis for saying, "no". Mr. Barney stated his
recommendation to zone the areas planned for single family homes in some way that makes
them single family, or two family, and not multiple residence.
Mr. Kanter stated he thought the low density residential zone would be workable because if
some of the lots didn't necessarily correspond to the size and dimensional requirements or
the R-30 low density zone, there could be ways through clustering to accommodate and
adjust some of those things.
Mr. Clump stated that he thought they would run into a problem with the road frontage on
several of the lots if it were zoned R-30. Mr. Kanter stated the Planning Board could be
requested to consider a clustering approach, which would allow them to vary I modify some
of the dimensional requirements of the R-30 zone.
Councilman Burbank asked if Mr. Kanter had been in touch with the State Park to make them
aware of the proposal. Mr. Kanter stated that communication would be one of the things the
Planning Board would do if the proposal was referred to them.
Councilman Lesser encouraged the Planning Board to consider the separate southeast lot as
part of the overall designation.
Regular Town Board Minutes December 9, 2002
Approved January 13,2003
Mr. Kanter stated one of the other things he is suggesting the Planning Board look at is the
Business D parcel and perhaps recommend eliminating the Business D designation because
changing that to the Business C zone is a proposal of the Codes and Ordinances Committee ^
Mr. Kanter stated there will be a discussion about whether the business zone will be
characterized as "neighborhood commercial" or "community commercial". The applicant is
suggesting that the future designation be "community commercial" whereas the Codes and
Ordinance Committee is recommending it be the smaller scale "neighborhood commercial"
zone. This is not part of the current proposal, but it is something that needs to be factored
into the whole discussion.
TB RESOLUTION NO. 2002-199 - Referral to Planning Board Regarding Proposed
Project at West King Road and Danbv Road
RESOLVED, that the Town Board refer the proposed site plan and zoning change for
the Dave Auble project at West King Road and Danby Road to the Planning Board for review
and recommendation to this Board; and it is further
RESOLVED, that the Town Board requests and concurs with, the designation of the
Planning Board as lead agency for review of the project under the State Environmental
Quality Review Act. r
MOVED: Councilwoman Grigorov
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Agenda item No. 14 - Consider Amendment to the Steams and Wheler Contract for the
DEIS for the Intermunicipal Sewer Project to Cover Cost of Archeological Investigation
and Other Additional Costs (Attachment #11 - E-Mail from Susan Brock)
Supervisor Valentino told the Board that she was asking them to pass the resolution in front
of them with the understanding that she still has some concerns about the cost and when the
dig will to take place. The Department of Environmental Conservation has said they are not
going to accept any of the results of a dig until at least April. Supervisor Valentino stated she
should have a good indication of where we stand on the intermunicipal sewer project and
what form it will take by the end of January. Although she is asking the Board to pass the
resolution tonight, there will be no action until some of the other things have been cleared up.
The cost estimate came from Steams and Wheler's subcontractor pertains to the actual
search for artifacts, the 1B. The 1A is a literature search, which has been completed. |
Supervisor Valentino stated that she did not have a problem with the cost estimate; the
problem is the bigger picture of when and how It is going to happen.
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Regular Town Board Minutes December 9,2002
Approved January 13, 2003
TB RESOLUTION NO. 2002-200 - Authorizing the Execution of an Agreement with
Steams and Wheler for Archeoloaical Investigation
^ WHEREAS, the Town of Ithaca, together with five other municipalities, is in the
process of evaluating a joint sewer project; and
WHEREAS, in connection with such project, the engineers for the project. Steams and
Wheler, have conducted a Phase 1A archeological Investigation; and
WHEREAS, said engineers have recommended that certain areas need to have
further investigation as Phase 1B archeological survey; and
WHEREAS, Steams and Wheler has quoted the cost of such Phase IB survey as not
more than $ 17,179 of which the Town of Ithaca would be responsible for one-sixth part, or $
2,864;
NOW, THEREFORE, be it
RESOLVED, that this Board authorizes the Town Supervisor or Deputy Town
Supervisor to enter into an agreement amending the contract with Steams and Wheler for the
joint sewer project to increase the fees and expenses payable pursuant to such contract by
not more than $ 17,179, and expanding the scope of work to include a Phase IB
archeological survey to conduct field investigations as necessary of (a) rear lot or property
lines where significant prior disturbance has not been recorded; (b) open field areas that have
not been disturbed; and (c) wooded areas, such agreement to be accompanied by, or
include, an agreement that the Town would be responsible for no more than $ 2,864 of such
additional costs; and it is further
RESOLVED, that such agreement or agreements be in such form, and contain such
terms, not inconsistent with this resolution, that the officer executing the same may approve
with the advice of the Town Director of Engineering and the Attorney for the Town; and it is
further
RESOLVED, that the Supervisor, Deputy Supervisory, and other Town Officers are
hereby authorized to take any other steps, provide any certifications, or engage in any other
actions, which may be necessary, desirable, or appropriate in order to effectuate the intention
of the foregoing resolution.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
11
Regular Town Board Minutes Decembers, 2002
Approved January 13,2003 ^
Agenda Item No. 15 - Report on Phosphorous Removal Project at Ithaca Area
Wastewater Treatment Facility (Attachment #6 - Memo from L Fabroni with Project
Budget and Funding) ^
Mr. Walker explained to the Board that as part of the Bond Act to clean up the Finger Lakes,
the owners of the Ithaca Area Wastewater Treatment Plant have committed to reducing the
phosphorous they discharge. They have developed a work plan for phosphorous removal
that has been approved by DEC. The design and bid specifications for the project have been
completed. The City will be the host agency for signing the construction contract. In
preparation for approving the project budget, Mr. Walker presented a report on where the
project stood.
The project cost as currently delineated is $4,115,000. There is a total of $2,771,000. that
has been committed by the bond act funds. Exactly where those funds stand, when they are
going to be paid back to us, and how they relate to the Intermunicipal sewer agreement are
questions in Mr. Walker's mind. He believes the money is there, but stated there are some
questions about when DEC is going to actually release it.
The Town's share of the local cost would be approximately $550,000. Again, we're in the
process of sorting out some of the Capital Funds at the Ithaca Area Wastewater Treatment
Plant and we have not actually determined if there will be one bond issued that all the p"
municipalities will help pay off, whether we will have to bond it ourselves, or whether we take |
it out of current sewer funds. Mr. Walker felt it was a fair share for the town to pay for the
benefit it will be to the lake.
Supervisor Valentino stated the Town will be responsible for some borrowing at some point
and she's in the process of trying to sort out our capital reserve funds and capital projects
and figure out exactly how much money is in there. She feels it's an important project and
the Town will have over 20 years to pay its share, so it's not going to be anything that is too
excessive.
Attorney Barney asked if the project was contingent on getting the State money. Mr. Walker
state, yes it was, which is one reason we are holding off right now, to find out exactly what
the schedules are.
Agenda Item No. 16 - Consider Setting Public Hearing for Extension of the City of
Ithaca Fire Department Memorandum of Understanding
Supervisor Valentino reported that tentative agreement has been reached with the City on the
new fire contract. She asked that the Board set a public hearing to extend the existing
Memorandum of Understanding through March 31, 2003 to allow time for the agreement to
go through the City's legal department and come before Common Council. ^
n I
TB RESOLUTION NO. 2002-201 - Set Public Heanna to Consider Entering into an
Extension of a Memorandum of Understanding with the Citv of Ithaca for the Provision
of Fire Protection and Emergency Services for a Portion of the Town's Fire Protection
District
12
Regular Town Board Minutes Decembers, 2002
Approved January 13,2003
RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall, 215 North Tioga Street, Ithaca, New York, on the 31®* day of December 2002, at
10:30 a.m. for the purpose of considering the execution of a memorandum of understanding
with the City of Ithaca for the extension of the contract with the City providing for fire
protection and emergency service for a portion of the Town's fire protection disfrict, said
extension to be through March 31,2003; and it is further
RESOLVED, that at such time and place all persons interested in such memorandum
may be heard concerning the same; and it is further
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal published in the City
of Ithaca, Ithaca, New York, said publication to occur not less than ten days before the day
designated above for the public hearing.
MOVED: Supervisor Valentino
SECONDED: Councilman Niederkorn
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. -
Agenda Item No. 17 ~ Consider Approval to Amend and Restate the Model Deferred
Compensation Plan
TB RESOLUTION NO. 2002-202 - Approval to Amend and Restate the Model Deferred
Compensation Plan.
WHEREAS, the New York State Deferred Compensation Board (the "Board"),
pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations
of the New York State Deferred Compensation Board (the "Regulations"), has promulgated
the Model Deferred Compensation Plan for Employees of the Town of Ithaca (the "Model
Plan") and offers the Model Plan for adoption by local employers; and
WHEREAS, The Town of Ithaca, pursuant to Section 5 and the Regulations, has
adopted and currently administers the Model Plan know as the Deferred Compensation Plan
for Employees of the Town of Ithaca; and
WHEREAS, effective January 1, 2002, the Board amended the Model Plan to adopt
provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 {"EGTRRA") as
they apply to the Model Plan and to adopt modifications that update certain administrative
provisions to accommodate prospective state-of-the-art methods and procedures; and
WHEREAS, the Board has offered for adoption the amended and restated Model Plan
to each Model Plan sponsored by a local employer in accordance with the Regulations; and
13
Regular Town Board Minutes December 9,2002
Approved January 13,2003
WHEREAS, upon due deliberation, the Town of Ithaca has concluded that it is prudent
and appropriate to amend the Deferred Compensation Plan for Employees of the Town of
Ithaca by adopting the amended and restated Model Plan; NOW, THEREFORE, BE IT ^
RESOLVED, the Town Board of the Town of Ithaca hereby amends the Deferred
Compensation Plan for Employees of the Town of Ithaca effective December 9, 2002, by
adopting the amended and restated Model Plan effective January 1, 2002, in the form
attached hereto as Exhibit A.
IN WITNESS WHEREOF, the undersigned have executed this Resolution in Tompkins
County, New York this December 9, 2002 and directed that it be filed as appropriate.
MOVED: Councilman Lesser
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Couricilman Niederkom, aye.
Agenda Item No, 18 - Consider Commerciai Insurance Coverage (Attachment # 7 -
Insurance Quotes)
Responding to questions asked by Councilman Klein regarding an increase in deductibles as a
way to lower the Town's commercial Insurance premiums, Mrs. Drake stated she had
investigated the effects of increasing deductibles and recommended increasing deductibles on
insurance for the public officials and possibly the property insurance. She recorhmended
against increasing the deductible on the automobile and Inland Marine insurance stating it would
not result in a significant savings.
TB RESOLUTION NO. 2002-203 - Approval of Commercial Insurance for 2003
WHEREAS, the Town of Ithaca has had Ithaca Agency for their commercial liability
insurance company since January 1,1999; and
WHEREAS, the Human Resources Manager has reviewed the three quotes submitted
by Ithaca Agency for the Town's insurance coverage for 2003;and
WHEREAS, the Human Resources Manager recommends continuing with Selective
Insurance as the insurance carrier;
Now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca hereby approves Selective
Insurance as the commercial insurance carrier for 2003 as quoted by Ithaca Agency at the
quoted $88,492.25.
14
n
Regular Town Board Minutes Decembers, 2002
Approved January 13, 2003
MOVED: Councilman Niederkorn
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 19 - Consider Adding Hearing and Vision Rider to Health Insurance
TB RESOLUTION NO. 2002-204 - Approval to add Vision/Hearing Rider to Health
Insurance Policv
WHEREAS, the Town's health insurance plan will change in January 2003 to
BlueCross / BlueShield's Blue PRO plan from Univera Health Care; and
WHEREAS, under Univera's coverage participants were able to have one vision exam
and one hearing exam per year at an office visit co-pay, however, this coverage is not
included as part of the Blue PRO plan; and
WHEREAS, a rider can be purchased to add vision and hearing coverage in the
following amounts at an additional cost per month per plan of: $1.92, individual; $3.94,
double; $5.64, family:
¨ Vision: 1 eye exam per calendar year at a $10 office co-pay and $60 allowance for
contacts or glasses.
¨ Hearing: $600 allowance for hearing aides for children under age 19 for a three year
period.
Now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the adding
of the Vision/Hearing Rider to the Health Insurance coverage at the additional cost to the
Town of $1.92 for individual policies, $3.94 for double policies and $5.64 for family policies
per month per employee, which would make the monthly premiums:
Was Now
Individual $245.38 $247.30
Double $503.52 $507.46
Family $723.40 $729.04
And be it further
RESOLVED, the Town Supervisor is hereby authorized and directed to sign the
contract extending health insurance coverage to include the vision and hearing rider upon the
advice of the Attorney for the Town and the Human Resources Manager.
MOVED: Councilwoman Russell
15
Regular Town Board Minutes December 9,2002
Approved January 13,2003
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 20 - Consider Resolution of Appreciation for Marv Brvanfs Years of
Service
Supervisor Valentino told the Board that after 16 years of service Mary Bryant will retire
December 31, 2002. She will be hired back part-time for a six month period. Supervisor
Valentino stated that they would be re-evaluating the position and how things might be
reorganized before replacing her.
TB RESOLUTION NO. 2002-205 - Resolution of Appreciation and Recognition of
Service for Marv Bryant
WHEREAS, Mary Bryant has worked for the Town of Ithaca In the Engineering Department
since December 1, 1986, and has provided her expertise and talents to the Town
continuously since that date; and
WHEREAS, during Mary's tenure she has served on the Special Benefrt Assessment
Committee, the Records Management Advisory Board and has acted as the fill in Deputy
Town Clerk whenever needed; and
WHEREAS, Mary's ability to be poised, professional and always courteous and helpful will
be missed by the Town, its residents and fellow employees; and
WHEREAS, Mary's sixteen years of devotion, and dedication will be remembered for years
by the Town; and
WHEREAS, Mary has chosen to retire from her employment with the Town effective
December 28, 2002; and
WHEREAS, the Town of Ithaca is indebted to Mrs. Bryant for her contributions and service
for the benefit of the Town and its citizens; and
WHEREAS, the governing Town Board wishes to express its appreciation to Mrs. Bryant,
upon acknowledgement of her decision to retire;
Now, Therefore, Be It
RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens
and employees, acknowledges the retirement of Mary B. Bryant as a Senior Typist; and |
expresses its sincere gratitude to Mrs. Bryant for her dedicated service to the Town and our
community.
16
Regular Town Board Minutes December 9,2002
Approved January 13, 2003
MOVED: Councllwoman Russell
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councllwoman Russell, aye; Councllwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Agenda Item No. 21 - Consider Resolution of Appreciation for Charles Hulbert's Years
of Service
TB RESOLUTION NO. 2002-206 - Resolution of Appreciation and Recognition of
Service for Charles Hulbert
WHEREAS, Charles Hulbert worked for the Town of Ithaca Highway Department from
February 12, 1962 through June 10, 1966 and continuously since May 3, 1979; and
WHEREAS, Charlie has provided his expertise and talent using construction equipment for
the Town for a combined 28 years of dedicated service; and
WHEREAS, Charlie's diligence for perfection in the art of moving earth will be impossible to
replace; and
WHEREAS, Charlie's devotion, distinction and great eye for seeing the grade will be greatly
missed by the Town, its residents and especially by fellow employees; and
WHEREAS, Charlie has chosen to retire from his employment with the Town effective
December 28,2002; and
WHEREAS, the Town of Ithaca is indebted to Mr, Hulbert for his contributions and service
for the benefit of the Town and its citizens; and
WHEREAS, the governing Town Board wishes to express its appreciation to Mr. Hulbert,
upon acknowledgement of his decision to retire;
Now, Therefore, Be It
RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens
and employees, acknowledges the retirement of Charles R. Hulbert as a Heavy Equipment
Operator; and expresses its sincere gratitude to Mr. Hulbert for his dedicated service to the
Town and our community.
MOVED: Supervisor Valentino
SECONDED: Councilman Niederkom
VOTE: Supervisor Valentino, aye; Councllwoman Russell, aye; Councllwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
17
Regular Town Board Minutes December 9, 2002
Approved January 13,2003 ^
Agenda Item No. 22 ~ Authorization for the Attornev for the Town to Prosecute Noise
Ordinance Violations in Town Court ^
Attorney Barney stated he had received a letter from the District Attorney forwarding to him five
or six noise violation cases to prosecute. When Attomey Bamey questioned the District
Attorney's office he was told they never prosecute local laws. Attorney Barney stated that, wile
this was news to him. It did seemed to be their policy. He was bringing this to the Board's
attention because it would be an additional expense for the Town. He intended to have Bill
Troy, a former New York City Assistant District Attomey, handle the cases. Attomey Barney told
the Board that there was also an open-burning case coming up through the Building and Zoning
office, which will require some of his firm's Involvement.
TB RESOLUTION NO, 2002-207 - Authorizing the Attorney for the Town to Prosecute
Violations of Town Local Laws and Ordinances, of the Uniform Fire Prevention and
Building Code, and of Other Laws of Local Concern
WHEREAS, the Tompklns County District Attorney has a policy of not prosecuting
violations of local laws and ordinances of municipalities such as violations of noise
ordinances, zoning ordinances, building codes, and other laws of primarily local concem; and
rWHEREAS, criminal proceedings have been Instituted In several Instances seeking j
enforcement of the Town's noise ordinance and enforcement of building code and other '
provisions relating to open burning; and
WHEREAS, It would be desirable for the officers enforcing such laws to have the aid of
the Attorney for the Town in connection with any court proceedings related to such charges;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes and
requests the Attorney for the Town, or any other attorney in the firm of Barney, Grossman,
Dubow and Marcus, to prosecute on behalf of the Town and the People of the State of New
York violations, not prosecuted by the Tompklns County District Attorney, of Town of Ithaca
local laws, ordinances, codes, and other laws of local concern, Including but not limited to
violations of the Town's noise ordinance, violations of the Town's zoning ordinance, and
violations of the applicable state building code; and it is further
RESOLVED, that the attorney(s) so acting on behalf of the Town be compensated in
accordance with the existing engagement letter between the Town and the firm of Barney,
Grossman, Dubow and Marcus in force for the year 2002, as the same may be modified or
replaced from time to time by further agreement with the Town.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Russell
18
Regular Town Board Minutes December 9,2002
Approved January 13, 2003
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Counciiwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
^ Agenda Item No. 23 - Discussion of Town Historian and DeWitt Historical Society
Contract
The Board reviewed the Town's existing contract with the DeWitt Historical Society and letters
from other communities regarding the duties of their Town Historian.
Ms. Hunter told the Board that the Town's current historian was resigning and it was probably an
appropriate time to re-evaluate the contract with the DeWitt and the functions of the Town
Historian. Ms. Hunter offered to function as interim Town Historian until the contract and
position were reviewed and a search was done for a qualified historian. Supervisor Valentino
supported that idea and stated she and Councilwoman Russell would work with Ms. Hunter.
Ms. Hunter stated that she would prepare a resolution for Board action at the December 3T
2002 meeting.
Agenda Item No. 24 - Discussion of Conducting a Doo Enumeration (Attachment #8 -
Memorandum from Tee-Ann Hunter)
Ms. Hunter reported that the Town had sponsored a meeting between Tompkins County
Town Clerks and SPCA Director, Nathan Winograd. The purpose of the meeting was to
discuss with Mr. Winograd problems Towns have been having with the SPCA. In its
contracts with municipalities, the SPCA is obligated to issue reminders to people who fail to
renew their dog licenses and, ultimately, tickets if they fail to renew. Tickets are not being
issued in a timely fashion and oftentimes served upon people who are no longer in violation.
The Town Clerk's office is proposing to write it's own tickets to be served by SPCA personnel.
Ms. Hunter told the Board that she had heard from New York State Department of Agriculture
and Markets that new legislation authorizing Towns to charge and retain a $5.00 fee for each
unlicensed dogs identified during an enumeration. The Board discussed possibly conducting ah
enumeration sometime in the future and how they might lead into that process with a campaign
to increase compliance. This could include an article in the Town Newsletter and a period of
"amnesty" as well as some evening and weekend hours.
Supervisor Valentino reported that the County had cancelled their contract with the SPCA for cat
control. The Town of Ithaca is now the only municipality in the County that has a current cat
control contract. The Board discussed the greater rabies threat posed by cats than by dogs.
Agenda Item No. 25 - NYS Association of Towns 2003 Training School & Annual Meeting
Supervisor Valentino polled Board Members and staff to see who was interested in attending
^ this year's Association of Town's Annual Conference. People were uncertain and formal
action was tabled until the year-end meeting.
Agenda Item No. 26 - Consent Agenda
19
Regular Town Board Minutes December 9, 2002
Approved January 13, 2003
TB RESOLUTION NO. 2002-208 - Consent Agenda Items (a) through (i)
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby ^
approves and/or adopts the resolutions for Consent Agenda Items (a) through (k) as
presented.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
TB RESOLUT/ON NO. 2002-208a - Town Board Minutes.
WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board
Meeting held on November 7, 2002 to the governing Town Board for their review and
approval of filing;
NOW, THEREFORE, BE IT RESOLVED, the goveming Town Board does hereby p—
approve for filing the minutes for the meeting held on November 7, 2002 as presented at the i
December 9, 2002 board meeting.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
TB RESOLUTION NO, 2002-208b - Town of Ithaca Warrants.
WHEREAS, the following numbered vouchers have been presented to the Ithaca
Town Board for approval of payment; and
WHEREAS, the said vouchers have been audited for payment by the said Town
Board; now therefore be it
RESOLVED, that the governing Town Board hereby authorizes the payment of the ^
said vouchers in total for the amounts indicated.
VOUCHER NOS. 5943 - 6120 r"
General Fund Townwide $118,051.04
General Fund Part Town $ 3,888.88
Highway Fund Part Town of Ithaca $ 31,118.09
20
Regular Town Board Minutes December 9, 2002
Approved January 13,2003
Water Fund $9,043.69
Sewer Fund $3,148.88
Hanshaw Rd Sanitary Sewer $2,350.00
Stone Quarry Road Reconstruction $2,304.37
Public Works Facility Reconstruction $ 602,657.25
Risk Retention Fund $424.00
Forest Home Lighting District $169.39
Glenside Lighting District $59.74
Renwick Heights Lighting District $83.66
Eastwood Commons Lighting District $175.02
Clover Lane Lighting District $20.09
Winner's Circle Lighting District $60.02
Burleigh Drive Lighting District $59.05
West Haven Road Lighting District $229.88
Coddington Road Lighting District $135.81
Trust &Aaencv $916.00
TOTAL $ 774.894.86
MOVED: Councllwoman Grigorov
SECONDED: Councllwoman Russell
VOTE: Supervisor Valentino, aye; Councllwoman Russell, aye; Councllwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
TB RESOLUTION NO. 2002'208c - Bolton Points Warrants.
WHEREAS, the following numbered vouchers for the Southern Cayuga Lake
Intermunicipal Water Commission have been presented to the governing Town Board for
approval of payment; and
WHEREAS, the said vouchers have been audited for payment by the said Town
Board; now, therefore, be it
RESOLVED, that the governing Town Board hereby authorizes the payment of the
said vouchers.
Voucher Numbers: 667-675
^ 678-738
740-741
Operating Fund $ 131,294.57
1998 SCADA Capital Project $ 9,212.00
TOTAL $ 140.506.57
21
Regular Town Board Minutes December 9, 2002
Approved January 13,2003
r
I
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell ^
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
TB RESOLUTION NO. 2002-208d - Approval of Floating Holiday for 2003.
WHEREAS, there is an annual poll conducted of all town employees to determine their
preference for the next year's floating holiday; and
WHEREAS, the majority of the combined employees of Town Hall, Highway, and
SCLIWC have indicated, Friday, December 26, 2003 as their preference for the floating
holiday; now, therefore, be it
r
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the Floating
Holiday for 2003 as Friday, December 26, 2003 as requested by the majority of the
employees.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
TB RESOLUTION NO. 2002-208e - Holiday Tree Pick Up
WHEREAS, the Town of Ithaca Highway Department will be picking up holiday trees
for the residents of the Town of Ithaca; now therefore be it
RESOLVED, that on January 13, 2003, the Highway Department will pick up holiday
trees for the residents of the Town of Ithaca.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
22
Regular Town Board Minutes December 9,2002
Approved January 13,2003
^ TB RESOLUTION NO. 2002-208f- Schedule of Year 2003 Town Board Meeting Dates
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
^ adopts the following schedule of meetings for the Town Board for the year 2003: The Town of
Ithaca Town Board meets the first Monday, following the first Tuesday of each month, with
the exceptions of those meetings related to the budget, year end, and conflicts of holidays.
TOWN BOARD MEETING
Monday, January 13, 2003
Monday, February 10, 2003
Monday March 10, 2003 _
MbhdayVApril 7, 2W3" .
Monday, May 12, 2003
Monday, June 9, 2003
Monday, July 7, 2003
Monday, August 11, 2003
Monday, September 8, 2003
Thursday, October 2, 2003
Thursday, November 8,2003
Monday, December 8, 2003
Wednesday, December 31, 2003
And be it further
RESOLVED, that all such meetings will be scheduled to commence at 5:30 p.m.,
except the December 31®* meeting which is scheduled to commence at 10:00 a.m.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
TB RESOLUTION NO. 2002'208a - Regular Appointment of Senior TvpisUTemporarV'
Part Time
WHEREAS, there is presently a vacancy in the full time position of Senior Typist in the
Engineering Department due to the retirement of Mary Bryant effective December 28, 2002;
and
WHEREAS, Mrs. Bryant would like to return working for the Town on a temporary part
time basis; and
23
Regular Town Board Minutes December 9, 2002
Approved January 13,2003 ^
WHEREAS, the Director of Engineering and Human Resources Manager have I
determined the need for Mrs. Bryant to return on a part time basis for a temporary period of
time;
Now, therefore, be It
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular
appointment of Mary Bryant as Part Time Senior Typist for the Engineering Department,
effective December 30, 2002; and be it further
RESOLVED, this Is a 30 hours a week position, at the hourly wage of $18.33, from
a.ccount.njJm.ber A1440,100, in Job CJassjflca^^^
RESOLVED, Mrs. Bryant Is appointed for a temporary period not to exceed 26 weeks,
with part time benefits except for Health Insurance, which will be paid 100% during this period
of time.
MOVED: Gouncilwoman Grigorov
SECONDED: Gouncilwoman Russell
VOTE: Supervisor Valentino, aye; Gouncilwoman Russell, aye; Gouncilwoman Grigorov, j
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
TB Resolution No. 2002- 208h - Authorization To Hire Temporary, Part-Time Planning
Intern
WHEREAS, the Planning Department has need of staff support to organize, analyze,
and map traffic and transportation related data, and other Information In support of the work
of the Town of Ithaca Transportation Committee, and
WHEREAS, the Planning Department has budgeted funds to cover the cost of having
a student Intern, and has received valuable technical support from previous Interns, and
WHEREAS, Kevin Denton Is a graduate student In Cornell University's Master of
Regional Planning Program, and did an outstanding job working as an Intern for the Planning
Department during the Summer of 2002, especially with respect to GIS mapping assignments
and the examination of transportation related data, and
WHEREAS, Kevin Denton will be available to work for the Planning Department during ^
Cornell University's winter break, for a period of approximately three weeks and up to 30
hours per week, starting around December 30*^ and ending by January 17^^. ^
I
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca
authorizes the Planning Department to hire Kevin Denton as a temporary, part-time Planning
Intern, to begin on approximately December 30, 2002 through January 17, 2003 at an hourly
rate of $10.00 per hour based on work for up to 30 hours per week. The total Is not to
24
Regular Town Board Minutes December 9,2002
Approved January 13, 2003
exceed $1000.00 and will be charged to Account # 88020.110. Benefits are limited to the
temporary, part-time status of this position.
^ MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
TB RESOLUTION NO. 2002-208i - Approval of Dental Insurance Plan.
WHEREAS, the Town Board of the Town of Ithaca wishes to enter into an agreement
with Guardian, to provide dental insurance for certain Town of Ithaca employees, retirees and
elected officials; and
WHEREAS, the Town Board has discussed the coverage and the 12% premium
increase as outlined in the renewal letter; and
WHEREAS, the Human Resources Manager requested alternatives of the plan and
rates in order to provide an option to the employees for a rate decrease; and
WHEREAS, the Human Resources Manager has discussed the alternatives of the
plan design with the employees and recommends decreasing the annual maximum to a
tiered incentive plan of $750/$1000/$1500, which will decrease the rates from the current
year's level; 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 Guardian to provide dental coverage for
certain Town of Ithaca employees, retirees and elected officials upon the advice of the
Attorney for the Town and the Human Resources Manager; and be it further
RESOLVED, the Town Board approves the recommendation of changing the plan
design from an annual maximum benefit of $1,500 to the tiered incentive plan of
$750/$1,000/$1,500; and be it further
RESOLVED, all participants are required to pay 100% of the monthly premiums, which
are $23.52 for individual coverage and $63.55 for family coverage.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
25
Regular Town Board Minutes December 9, 2002
Approved January 13, 2003
TB RESOLUTION NO. 2002-208i - Ratify Regular Appointment of Water Treatment
Plant Operator' SCLIWC,
WHEREAS, Blaise A. Wright has worked for the Southern Cayuga Lake Intermunlclpal
Water Commission as a Water Treatment Plant Operator provisionally since his appointment on
August 1,2000; and
WHEREAS, Blaise A. Wright has successfully completed the promotional exam for
Water Treatment Plant Operator; and
WHEREAS, Blaise A. Wright was appointed by SCLIWC at the December 5, 2002
commission meeting;
Now, therefore, be It
RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the
S.C.L.I.W.C. appointment of Blaise A. Wright as a Water Treatment Plant Operator, effective
November 15,2002; and be It further
RESOLVED, the wage for the said shall be $15.30 per hour, with full time benefits and
shall complete an eight week probationary period with no further action required If
successfully completed.
MOVED: Councllwoman Grigorov
SECONDED: Councllwoman Russell
VOTE: Supervisor Valentino, aye; Councllwoman Russell, aye; Councllwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman NIederkom, aye.
Other Business
TB RESOLUTION NO. 2002-209 - Amend the 2002 Commission Budget for the
Electrical Upgrade Project
WHEREAS, an electrical accident, caused by a contractor, at the Commission's
treatment facility on March 19, 2002 revealed that the facility's primary electrical and
electrical distribution system's protective fuses and current Interrupters were not properly
sized and the same systems were originally installed In accordance with the standards of a
now outdated National Electric Code, and
WHEREAS, the Commission desires to upgrade the primary electrical and electrical
distribution systems at Its treatment and raw water pumping facilities and bring those systems
up to 2002 National Electrical Code standards In order to better protect facilities from future
Incidents, and
26
Regular Town Board Minutes December 9,2002
Approved January 13, 2003
WHEREAS, the Commission has solicited and received public bids for the electrical
upgrades at the treatment and raw water pumping facilities, and
WHEREAS, the Commission could not anticipate the need for the electrical upgrades
and therefore did not include funds in the 2002 Operating Budget for the electrical upgrades,
and
WHEREAS, the Commission desires to finance the electrical upgrades from the
unreserved fund balance, and
WHEREAS, the Treasurer has reviewed the need to proceed with the electrical
upgrades and to amend the 2002 Commission budget and recommends theses actions to the
Commission, NOW, THEREFORE, be it
RESOLVED, that the Commission accepts the recommendations presented by the
Treasurer and hereby amends the 2002 Commission budget by authorizing $ 40,000.00 to be
transferred from the unreserved fund balance to the Operating Budget Line SW8330.418,
Equipment Maintenance.
MOVED: Supervisor Valentino
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye.
Water Resources Council
Supervisor Valentino distributed for Board review a proposal by the Water Resources Council
regarding two-cycle engines.
Agenda Item No. 27 - Report of Town Officials
Engineer's Report (Attachment -Memo from Dan Walker with construction cost
estimates)
Mr. Walker presented details of a plan for providing sewer to the 42-lot Southwoods
Subdivision approved in 1989. Mr. Walker asked the Board how much they would consider
spending to provide sewer to that area and how much negotiating he should do. Supervisor
Valentino asked that more research be done into the history of the project approvals and the
Board discussed whether the project should be referred to the Capital Planning Committee.
Supervisor Valentino stated the applicant wanted to start the project soon, "while the market
was hot". She felt they would not wait for the Town to go through a whole lot of figuring out.
Following discussion, the Board determined the project should be reviewed by the Capital
Projects Committee.
27
Regular Town Board Minutes December 9,2002
Approved January 13,2003
Councllwoman Grigorov asked and Mr. Walker assured her that he would not commit the
Town to anything In the course of his discussions with the applicant. Mr. Walker told the
Board that he would be putting effort to carefully checking the design that was approved In ^
1988 and If there are deficiencies he will make those concerns clear to the Health
Department. He further told the Board he would provide the applicant with the updated
standards and specifications with which we would expect them to comply.
Agenda Item No. 28 - Report of Town Committees
Purchase of Development Rights
Jon Kanter reported he thought they would be setting a closing date for the Agricultural
Easement sometime this week. Councilman Lesser asked If there were any plans for
publicizing the easement and Mr. Kanter stated now that they were getting close to the
closing they could begin thinking about that. Mr. Barney reported the current hold up was a
pending discharge on the mortgage the Fergusons hold on the property. Supervisor
Valentino wanted to clear any publicity Ideas with the Fergusons.
Cayuga Lake Watershed Intermunlcipai Organization
Councilwoman Grigorov reported Susan Brook came to the last 10 meeting and talked about
the sewer project.
The organization Is adding the canal area from Seneca Lake to the watershed. |
i
Councllwoman Grigorov reported that 158 wells In the Town of Ledyard are contaminated
with e-coli stating that all well that have been test have been polluted by the dairy farms.
Sewer Contract Committee
Supervisor Valentino reported the committee was looking at a "phase-in" proposal to get to a
complete partnership. The engineers are working on some proposals and costs for that. All
day Saturday meetings have been planned.
Dan Walker told the Board what they are considering doing Is Including the entire Town within
the Sewer Service area for the Ithaca Area Wastewater Treatment Plant. This would include
the Village of Heights. This would give the Town the option to put any amount of sewage Into
the plant. The Town already owns the capacity In the downtown plant and It is Mr. Walker's
recommendation that we get the entire Town Included In the potential service area.
Transportation Committee
The Committee met with Sheriff Mesklll in November and his department will be proceeding
with the special traffic patrolling, but It will not be until the weather Improves. There are some ^
details, such as how strict do we want to be, do we want to give warnings Initially, how much
prior notice do we want to give to people. There Is time to work out those details before
patrolling begins. Otherwise the construct of the agreement Is pretty well set. f"
They are now trying to contact the State Police to see If we can get some additional, no cost,
patrolling on the State Roads, which are the site of most of the accidents.
28
Regular Town Board Minutes December 9, 2002
Approved January 13, 2003
Agenda Item No. 30 - Consider Executive Session to Discuss Personnel Issues
On motion by Supervisor Valentino, seconded by Councilwoman Russell, the Board went into
Executive Session for discussion of personnel issues at 9:12 p.m.
On motion by Supervisor Valentino, seconded by Councilman Burbank, the Board returned to
regular session at 9:38 p.m.
Adjournment
On motion by Councilwoman Russell, the meeting was adjourned at 9:39 p.m.
Respectfully submitted,
Tee-Ann Hunter
Town Clerk
NEXT MEETING: December 31, 2002 at 10:00 a.m.
29
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Construction Cost for Burns Rd water line
0.G.DeVincentis and son Denims Const
Item Unit Amount Uml Cost Unit Cost {Total Cost Unit Cost {Total Cost
Lump Sum 1 $514,000.00 $19,162.00 $19,162.00 $3,300.00 $3.3UU.UU
I enance and Protection of Traffic Lump Sum 1 $1 $1,000.00 $3,000.00 $3,000.00 $11,000.00 $11,000.00
t ^ Dl Water Main in Pavement Lin Ft 1028 541,120.00 $42.00 $43,176.00 $41.00 $42,148.00
8 jh Dl Water Main in Vegetation Lin Ft 814 526,048.00 $33.00 $26,862.00 $34.00 $27,676.00
Wet Tap to 8 inch water main Each 1 $3 $2,800.00 $2,400.00 $2,400.00 $5,000.00
$3,700.00
$1,000.00
$5,000.00
Hydrant Assembly, installed and complete Each 4 $210,000.00 $2,700.00 $10,800.00 $14,800,00
8 inch gate valve, valve boxes and covers Each 1 } $1,500.00 $800.00 $800.00 $1,000.00
Washed Stone for Special Pipe Foundation Ton 200 $3,000.00 $16.00 $3,200.00 $18.00 $3,600.00
Long Service Connection Each 2 ! $4,000.00 $1,500.00 $3,000.00 $3,500.00 $7,000.00
Short Service Connection Each 4 {$4,000.00 $400.00 $1,600.00 $1,100.00 $4,400.00
Rock Excavation Cu Yd 50 $2,500.00 $60.00 $3,000.00 $100.00 $5,000.00
TOTAL 109,968.00 $117,000.00 $124,924.00
10% contigenr
GRANDlOTfi
ts
Item Unit Amount Unil Cost
Mobilization Lump Sum 1 $5 $4,500.00
Maintenance and Protection of Traffic Lump Sum 1 $1 $8,264.00
8 inch Dl Water Main in Pavement Lin Ft 1028 576,072.00
8 inch Dl Water Main in Vegetation Lin Ft 814 556,980.00
Wet Tap to 8 inch water main Each 1 $3 $2,700.00
Hydrant Assembly, installed and complete Each 4 $2 $9,200.00
8 inch gate valve, valve boxes and covers Each 1 : $900.00
Washed Stone for Special Pipe Foundation Ton 200 $2,400.00
Long Service Connection Each 2 : $3,000.00
Short Service Connection Each 4 ; $1,400.00
Excavation Cu Yd 50 $4,500.00
TOTAL 169,916.00
10% contiaem
GRAND TOT/
Attacihroent #2
Ibwn Board Meeting 12f9lQ2
%enc(a # i
Attachment # 3
Town Board tfeeting 12/9/02
^ TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO: TOWN BOARD
FROM: JONATHAN KANTER, DIRECTOR OF PLANNING
RE: TOWN OF ULYSSES WATER DISTRICT NO. 4 -
REQUEST FOR LEAD AGENCY CONCURRENCE
DATE: DECEMBER 2, 2002
The Town of Ithaca has received the attached notice from the Town of Ulysses (dated
Nov. 14,2002) regarding the Town of Ulysses intent to establish itself as lead agency
relative to the proposed formation and installation of facilities for Water District No. 4 to
be located entirely within the Town of Ulysses. The proposed water district would
include three lots (Tax Parcel No's. 33.-3-16, 33.-3-15, and 33.-3-14) just north of the
Town of Ithaca boundary at 3007, 3017, and 3029 Dubois Road. The project would
include the installation of approximately 600 feet of two-inch water line. The Town of
Ulysses has also provided additional materials, which are attached, including a Full
Environmental Assessment Form (EAF) Part I, a letter requesting the formation of the
water district from the households to be served to the Ulysses Town Board, a letter from
Dan Walker, Director of Engineering, describing the engineering aspects of the proposed
connection to the Town of Ithaca water system, a quotation for the estimated cost of
installation of the water line (to be paid by the households to be served), a location map
showing the parcels to be served, and a petition signed by the owners of the three parcels
requesting the establishment of the water district.
I have drafted a letter of response for the Board's consideration at the December 9^**
meeting indicating that the Town of Ithaca has no objection to the Town of Ulysses
establishing itself as lead agency to conduct the environmental review regarding the
proposed water district, and that the Town has no comments on the Full EAF at this time.
Several points relating to this suggested response are outlined below:
1) Agricultural District: None of the three lots proposed for inclusion in the water
district are located in a County Agricultural District, although most of the land
surrounding these parcels is in County Agricultural District No. 2. The Notice of
Intent provisions of Section 305(4) of the New York State Agriculture and Markets
Law do not apply to this proposal, since the proposed water line and district are not
located within the Agricultural District. It should be pointed out that there is an
abandoned orchard on the east side of Dubois Road across from the proposed water
district (Tax Parcel No. 32.-2-8.1) consisting of approximately 96.4 acres. The
proposed two-inch water line would not serve this or other nearby properties.
f ^
2) Zoning: The proposed water district and surrounding area are zoned "Residence
District" on the Town of Ulysses Zoning Map. The Residence District requires a
minimum lot area of one acre for properties on a private septic system. Permitted
uses include dwellings, churches, schools, libraries, gardens/nurseries, golf courses,
hospitals, nursing homes, cemeteries, kennels, and farms (which are exempt from the
zoning requirements). Each of the three parcels to be served by the proposed water
line contains an existing single-family house. The parcels range from 2.7 to 2.8 acres
in size.
3) Unique Natural Areas (UNA): The proposed water district is not in or adjacent to a
UNA. The Glenwood Ravine and Lake Slopes UNA 91 is approximately 2,000 feet
to the east and would not be affected by the proposed water line or district. The UNA
is considerably distant and downhill from Dubois Road and consists of wooded slopes
near Taughannock Boulevard.
4) Growth Inducing Aspects: The proposed two-inch water line would only be able to
serve the three lots proposed to be included in Water District No. 4. Any surrounding
areas that might be proposed for future public water service, such as the abandoned
orchard or other nearby undeveloped properties, would require an expansion of Water
District No. 4 and the installation of a larger water main.
The above considerations lead to the observation that the proposed water district would
not have any apparent significant environmental impacts that would be of concern to the
Town of Ithaca. The Town of Ithaca Town Board (and Bolton Point and/or the City of
Ithaca) would have to enter into an agreement to provide the water through the Town of
Ithaca water system to the proposed water district in the Town of Ulysses. Any of these
affected entities could potentially be involved agencies pursuant to the State
Environmental Quality Review Act (SEQR). Based on the above, it appears that the
Town of Ulysses Town Board is the appropriate agency to coordinate the environmental
review for this proposal. It is my understanding that the Supervisor of the Town of
Ulysses will be sending an official request to the Town of Ithaca Town Board for
connection to the Town of Ithaca water system in the near future.
Meanwhile, please feel free to let me know if you have any questions regarding this
matter.
Att.
cc: Douglas Austic, Supervisor, Town of Ulysses
, \
/ \
t i
f \
December 10, 2002
Supervisor Douglas Austic
Town of Ulysses
10 Elm Street
Trumansburg, NY 14886
Re: Water District No. 4 (3007, 3017 and 3029 Dubois Road)
Notice of Intent to Establish Lead Agency
Dear Mr. Austic:
Thank you for the Notice of Intent to Establish Lead Agency for the formation of the
above-referenced water district and the installation of facilities, including a two-inch
diameter service line, to serve the three residences listed'^above. The Town of Ithaca
Town Board acknowledges that the Town of Ulyssfe is the appropriate entity to conduct
and coordinate this environmental review.
The Town Board has no comments regardini^^^i^Environmental Assessment Form at
this time. Please keep us informed as d^tidls ^g^dif?g this proposal progress.
Sincerely,
Catherine Valentino, Supervisor
Town of Ithaca
Town of Ithaca Town Board
Daniel Walker, Director of Engineering
TOWN OF ULYSSES
^ 10 Elm Street
Trumanshurg, NY 14886
' \
(607) 387-5767
Fax (607) 387-5843
I ^
I l r-. - / 1
I i
attest
n"HACA T owfsj Clerk
November 14,2002
Cathy Valentino
Supervisor, Town of Ithaca
215N.Tioga St.
Ithaca, New York 14850
Dear Cathy,
Pursuant to the State Environmental Quality Review Act ("SEQRA") and 6 NYCRR 617.
(b)(3)(I), please be advised that the Town of Ulysses intends to establish itself as Lead
Agency for the purposes of fulfilling the SEQRA requirements relative to the formation
and installation of facilities of the Water District No. 4. The district will be located
entirely in the Town of Ulysses, Tompkins County, and N.Y.
The project will include the installation of approximately 600 feet of 2-inch water line.
Enclosed for vour revij^w. as required, is part I of a completed EAF which describes the
proposed action. The form completed with all information available at this time.
In accordance with 6NYCRR 617.6(b)(3)(I), all involved agencies must agree upon Lead
Agency designation within 30 days of this letter. However, due to the time of year and
the onset of inclement weather, we would appreciate a rapid response in order to allow
work to complete this year. If you are in agreement with the proposed SEQRA Lead
Agency Designation, then no response is required. In the event fiiat you disagree with the
proposed designation of the Town of Ulysses as Lead Agency for this proposed project,
you must send written notice of said disagreement to the following address within 30
days of this letter: Mr. Douglas Austic, Supervisor, Town of Ulysses, 10 Elm Street,
Trumansburg, N.Y. However, if at all possible we would appreciate a response by
November 27^*^"
All questions concerning this notice should be addressed to the imdersigned.
Very Tpi^Yours,
louglas Austic, Supervisor
617.21 SEQR
Appendix A
Slate Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action rnay be significant. The question of whether an action may be significant is not always easy to answer. Frequent* '
ly. there are aspects of a project that are subjective or unmeasureable; It is also understood that those who determine ( y
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important
DETERMINATION OF SICNIFICANCE-Type 1 and Unlisted Actions
Idenliiy the Portions of EAF completed for this project: Part 1 D Part 2 C'Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude apd importance of each impact, it is reasonably determined by the
lead agency that:
□ A. The project will not result in any large and important impactfs) and. therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.
□ B. Although the project could have a significant effect on the environment there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be prepared.*
G C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions
Ulysses Water District # 4
Name of Action
Ulysses Town Board
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency Title of Resp^^ible Officer
rs;
i \
Signature of Responsible Officer in Lead Agency Signature of Preparer Indifferent from responsible officer)
I o| 2. ^ I C ^
I *
i ( y
Date
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect
on the environment Please complete the entire form. Parts A through E. Answers to these questions will be considered
as part of the apphcation for approval and may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete Parts 2 and 3.
It IS expected that completion of the full EAF will be dependent on information currently available and will not involve
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION " ^ ! -j
TTIyqqpq Wa-hp-r ni g-F-ri A-f ^ A jLOCATION OF ACTION (Incluos SlfMl Addrsaa, Municipatlly and County) j
"3(107 . 3017 i—Dnbni q—Tnwn of Tnv«;c:pc: ronnfv of TnmnVinc
NAME OH APPLICANT/SPONSOR
Micheal Lunaer
BUSINESS TELEPHONE |
1 60"^ 272-1679
AOORESS 3017 Dubois Road j
CITY/PO
Ithaca
STATE 1 ZIPCOOE i
NY 1 14850 i1 NAME OP OWNER (If different)
BUSI
1
NESS TELEPHONE j
)
AOORESS
i
CITY/PO STATE ZIP CCCe |
OESCRIPTION OF ACTION 1
Formation of a water district and extend a 2 inch main from the Town
o<ff Ithaca line to service the district.
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: OUrban Glndustrial CCommercial ^^Residential (suburban)
:_jForest GAgriculture COther
2. Total acreage of project area: q ^ acres.
APPROXIMATE ACREAGE PRESENTLY AF
□Rural (non-farm)
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24. 25 of ECU
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type)
J. What is predominant soil type(s) on project site?
a. Soil drainage: GWell drained 100 % of site
fi . 7f^ acres
acres
acres
acres
acres
acres
acres
acres
TER COMPLETICN
R ,acres
acres
ac.'es
acres
acres
acres
acres
acres
□Poorly drained % of site
□Moderately well drained % of Site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of me nYS
Land Classification System? acres. (See 1 NVCRR 370).
^ Are there bedrock outcroppings on project site? □Yes gNo
a. What IS depth to bedrock? (in feet)
D. /Approximate percentage ot proposed project site with sloped: 00-10% 1 OH % 010-15% _________ %
* ' * • '* Ol5% or greater %
6. Is project substantially contiguous to. or contain a building, site, or-district, listed on the State or the National
Registers of Historic Places? OYes E]No ,
. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ^No
8. What is the depth of the water table? 5O''/ff0(\n feet) f \
9. Is site located over a primary, principal, or sole source aquifer? OYes j^No
10. Do hunting, fishing or sHell fishing opportunities presently exist in the proj^t area? ~OYes p^fNo
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
OYes jJ^No According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (I.e.. cliffs, dunes, other geological formations)
GYes JI^No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
GYes jj^No If yes, explain
14. Does the present site include scenic views known to be important to the community?
GYes pfNo
15. 5treams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within, or contiguous to project area:
a. Name KJok)^ ^ b. Size (In acres)
iXVes C.No ^17. Is the site served by existing public utilities?
a) If Yes, does sufficient capacity e.xist to allow connection? GYes GNo ' *
b) if Yes, will improvements be necessary to allow connection? GYes
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA.
Section 303 and 304? GYes ^No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL. and*6 NYCRR 617? GYes GNo
20. Has the site ever been used for the disposal of solid or hazardous wastes? GYes ppNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate) ^
a. Total contiguous acreage owned or controlled by project sponsor. _s3lL . acres.
b. Project acreage to be developed: acres initially; acres ultimately.
c. Project acreage to remain undeveloped acres.
d. Length of project, in miles: ^ DO ^ (|f appropriate) ,
e. If the project is an expansion, indicate percent of expansion proposed %;
f. Number of off-street parking spaces existing _ .; proposed
g. Maximum vehicular trips generated per hour —Ai4_ . (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially sB
Ultimately
1
/ \
i. Dimensions (in feet) of largest proposed structure height: width; length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. ^
3 _
tons/cubic yards
O
; ; etc.) will be removed from the site? f3. Will disturbed areas be reclaimed? JJOYes QNo Qn/a
a. If yes. for what Intend..J purpose Is the site being reclaimed? ^-iVbUU
b. Will topsoil be stockpiled for reclamation? 0Yes DNo
^ c. Will upper subsoil be stockpiled for reclamation? jSves ONo
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? cs
' '<'""v-pcr.ant vegetation be removed by this projec;?
6. If single phase profect: Anticipated period of construction months, (including demoiition)
7. If multi-phased;
a. Total number of phases anticipated L—(number).
b. Anticipated date of commencement phase 1 12. month Zoo 2. i _i. j
c. Approximate completion date of final phase /2- month ZOOZ-
d □Yes ^No. Is phase 1 functionally dependent on subsequent phases?
8. Will blasting occur during construction? GYes J^^No9. Number of jobs generated: during construction after project is complete
10. (Number of jobs eiiminated by this project11. Will project require relocation of any projects or facilities? . GYes jj|[iNo If yes. explain
12. Is surface liquid waste disposal Involved? GYes J(1no
a. If yes. indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged "
13. Is subsurface liquid waste disposal involved? CYes j^fNo Type^^4. *^«ll'U^ace area of an existing water body increase or decrease by proposal? GYes (Zno
E.xplam . T5. Is project or any portion of project located in a 100 year flood plain? GYes ^No
16. . Will the project generate solid waste? GYes [^|!noa. If yes. what Is the amount per month tons
b. If yes. will an existing solid waste facility be used? GYes GNo
c. If yes. give name .d. Will anv wastes not go into a sewage disposal system or Into a sanitary landfill?
e. If Yes. explain 'GYes jtlNo
17. Will the project involve the disposal of solid waste? GYes cWno
a. If yes. what is the anticipated rate of disposal? tons/month.
• b. If yes. what is the anticipated site life? years.
18. Will project use herbicides or pesticides? GYes ^No
19. Will project routinely produce odors (more than one hour per day)? GYes j^No
20. Will project produce operating noise-exceeding the local ambient noise levels? GYes
21. Will project result in an increase in energy use? GYes &5no
If yes . indicate typefs)
No
^ If water supply is from wells, indicate pumping capacity fjj gallons/minute.
Total anticipated water usage per day gallons/day.
Does project involve Local. State or Federal funding? GYes CBNo
If Yes. explain
dubmittai
Type Date
City, Town. Village Board □No
City, Town. Village Planning Board □Yes j}(no
City, Town Zoning Board □Yes JJ^No
City, County Health Department p(Yes □No
Other Local Agencies . QYes □No
Other Regional Agencies □Yes □No
Slate Agencies □Yes □No
Federal Agencies □Yes □No
7-^
( \
C. Zoning and Planning Information
1. Does proposed action Involve a planning or zoning decision! CYes CNo
If Yes. indicate decision required:
Czoning amendment Gzoning variance Cspecial use permit Dsubdivision Dsite plan
:-^ne\v/revision of master plan Gresource management plan Gother
2. What is the zoning classification(s)of the site?
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
-C2-
What is the proposed zoning of the site?j6±-
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [^Yes CNo
7. What are the predominant land use(s) and zoning classifications within a V4 mile radius of proposed action? ^ \
^
8. Is the proposed action compatible with adjoining/surrounding land uses within a V* mile? JfYes GNo
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ^Tes CNo
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? QYes (Sno
a. If yes. is existing capacity sufficient to handle projected demand? GYes GNo
12. Will the proposed action result in the generation of traffic significantly above present levels? QYes SS^No
a. If yes. is the existing road network adequate to handle the additional traffic? GYes CNo
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please dbcuss such impacts and the measures which you propose to mitigate or
avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge. *
Xpplicant/Sponsor Zz,/oO , »
Signature ^ Title '
If the action is in the Co^faTArea, and you are a state agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5
r
^ September 10,2002 j 'I NOV 2 7 2002
! !
\ TO: Members of the Town of Ulysses Board | L -
L,.
We, the residents of 3007, 3017 and 3029 Dubois Road, would like to
request the Town Board to approve the formation of a water district consisting of
the above addresses.
The following conditions would apply:
1. We will pay for all materials and installation costs.
2. The system will be installed to the specifications stated by the
Town of Ithaca Director of Engineering. (See attached copy)
3. We will maintain the system and assume all costs to repair the
system.
4. If at any time municipal water is installed at these addresses we
will connect to that system and pay ail tax surcharges.
5. The costs incurred in the project will be divided up equally
among the three households.
6. There will be no cost to the Town of Ulysses for this project.
Thank you for your consideration in what we believe is a very important
improvement to our homes.
Jaw Decker, 3007 Dubois Road
Michael Lungg^dl? Dubois Road
Teresa Hoppenrath, 3017 Dubois Road
Dorothy JenkV^^O Dubois Road
TOWN OF ITHACA
215 N. Tioga Street, Ithaca. N.Y. 14850
www.town.ithaGa.ny.us
TOWN CLERK 273-1721 HIGHWAY (Roads. Parks, Trails, Waler&Sewer) 273-1656 ENGINEERING 273-1747
PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-1704
September 6, 2002
( \
Mr. Michael Lunger
3017 Dubois Road
Ithaca, NY 14850
Dear Mr. Lunger: •
I have reviewed recent request for information on the avaiiability of water from
the Town of Ithaca water system on DuboisiRoad at the Town of Ulysses line.
The Town of Ithaca water main at that location is on the West side of the Road
and has sufficient capacity and pressure to serve the proposed 3 unit water
district in the Town of Ulysses.
It would be acceptable to the Town to provide water to this limited service area
by way of a 2" water tap at the Town line and the installation of a meter and
check yalve in a pit on the Town Line. Assuming that the health department
concurs, the three proposed services could be supplied by installation of a 2" PE
pipe main and PE services to each house. The Town would bill for water based
on the master meter readings and distribution and billing responsibilities for the
individual services and meters would belong to the water district to be formed.
The City of Ithaca currently supplies water to the Town of Ithaca in this area and
approval from the city would also be required. I understand that the City Board
of public works is willing to enter into an agreement with the Town of Ulysses for
water.
If you have any additional questions please call me.
i \
Daniel R. Walker, PE
Director of Engineering
,P & S Excavating, LLC
3225 Ag^rd Road
Wrumansburg, NY 14886
USA
Quoted to:
Mike Lunger
3017 Dubois Road
Ithaca, NY 14850
Quotation
Quote Number:
151
Quote Date:
Sep 7, 2002
Page:
1
Customer ID Good Thru Payment Terms Sales Rep
miklun 10/7/02 Net Due
Descriptioii Amount
job price to install water main and service lines as per Town of Ithaca specs.
.'o Include - service lines to 3007, 3017, and 3029 Dubois. Road
10,500.00
Subtotal
Sales Tax
Total
10,500.00
10,500.00
'pl^oyos^to
o
431 s123 s
2.80 Ac C
578 s
/<
/2.7
614 s
617 s
ITHACA ITHACA FIRE PROTECTION Dl^CT
11.113
1.02 Ac C
2.76 Ac C
2.90 Ac C
199.66
1111114
PETITION
; n I^OV 2 7 2002
TO: TOWN BOARD, TOWN OF ULYSSES. TOMPKINS COUNTY, NEVV YORK ~
Jack M. Decker, Michael G. Lunger, Teresa A. Hoppenrath and Dorothy Jenks,
the Petitioners herein, respectfully state as follows:
1. That Jack M. Decker is the owner of certain premises situate in the Town of
UlysseS; Tompkins County, New York, as more fully described in a deed from Jack M.
Decker and Magdalen Decker dated March 24, 1993 and recorded in the Tompkins
County Clerk's Office in Liber 696 of Deeds at page 150.
2. That Michael G. Lunger and Teresa A. Hoppenrath are the owners of certain
premises situate in the Town of Ulysses, Tompkins County, New York, as more fully
described in a deed from Michael G. Lunger dated September 9, 1993 and recorded in
the Tompkins County Clerk's Office in Liber 708 of Deeds at page 300.
3 That Dorothy Jenks is the owner of certain premises situate in the Town of
Ulysses, Tompkins County, New York, as more fully described in a deed from Teresa
M. Jenks dated February 22, 1984 and recorded in the Tompkins County Clerk's Office
in Liber 600 of Deeds at page 249.
4. That this petition is pursuant to Article 12 of the Town Law for the
establishment by the Town of Ulysses of a three (3) unit Water District upon the
aforementioned premises of the Petitioner.
5. Ti lat the Petitioners are the sole owners of all taxable real property situate
within the pi oposed district.
6. Tt'.e subject premises of the Petitioner are designated on the Tompkl; ss
County Tax Rolls as being Tax Parcel Number 33-3-14, Tax Parcel Number 33 -3-15
!
and Tax Parcel Number 33-3-16, and are situate wholly within the Town of Ulysses.
1
r .lanlJack M. Decker
Michael
Teresa A. Hoppenrath
Dorothy
7. That it is proposed that the water line for the servicing of the subject Water
District would run in a generally northerly direction from the water main located on the
westerly side of Duboise Road in the Town of Ithaca. A proposed permanent easement / s
allowing for the installation, repair, maintenance and replacement of said water line will
be executed by the said Petitioners herein. A copy of the proposed easement is
attached hereto and marked as "Exhibit 1". The Petitioner shall duly record the said
easement in the Tompkins County Clerk's Office at his own expense. A drawing setting
forth the location of the proposed easement is attached hereto marked "Exhibit 2" and is
incorporated herein by reference. The Petitioners agree to obtain and file in the
Tompkins County Clerk's Office a survey, made by a licensed surveyor, of the Waterline
as installed.
8. That the maximum amount expected to be expended in connection with the
construction of the subject water line is Ten Thousand Five Hundred Dollars
($10,500.00).
9. That the proposed Water District is a three (3) unit water district, in that the
only consumers of the water to be supplied pursuant hereto are the Petitioners.
IN WITNESS WHEREOF, the Petitioners have executed the Petition the
day of October, 2002.
/PjU,
1
/ 1
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) 88:
On the dav of October, in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Jack M. Decker, personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacities, and that by their signatures on the
instrument, the individuals, or the person on behalf of whjph the individuals acted,
executed the instrument.
i-JUUL.
BETSEY CQmrSubiic
PublsG, of Yerfc
Appointe?^ if? Cfrrijfjs Co.
OtfJCi^'^OiCO5O72270 .STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS: e.ph«s
On the ' 7^ dav of October, In the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Michael G. Lunger, personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacities, and that by their signatures on the
instrument, the individuals, or the person on behalf of which the individuals acted.
executed the instrument.
STATE OF NEW YORK )
COUNTY OF TOMPKINS)SS:
Notary ^
OualHied 1" TompkgsCommission Expires May ai.
On the/^ day of October, in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Teresa A. Hoppenrath,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individuals whose names are subscribed to the within instrument and acknowledged to
me that they executed the same in their capacities, and thafJ^yNjheir signatures on the^
instrument, the individuals, or the person on behalf of whldn the individuals act^
executed the instrument. / j
1/
STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS:
Jotaly Public^RiENE l/Cynch
On the day of October, in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Dorothy Jenks, personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacities, and that by their signatures on the
instrument, the Individuals, or the person on behalf of whic
executed the instrument.
individuals acted,
ry Public f ^
DARLENE L LYNCH
Notary Public, State of New York
No. 4771032
Qualified in Tompkins County
Commission Expires April
t \
S n r1 s 431 s142.80 Ac C O fJloOoSib
p
ip
<p
578 s
irsvv^-PROTECHON Dl^CT t\\
IA\
ITHACA FIRE\ ITHACA
2.76 Ac C11.113
}2 AcC
13
2.90 Ac C
199.66
5A' i
<9/ ^
WATER LINE EASEMENT
THIS INDENTURE made this day of , 2002, between
Jack Decker of 3007 Dubois Road, Ithaca, New York 14850, party of the first part
(hereinafter known as "Decker"), and
Michael Lunger and Teresa Hoppenrath of 3017 Dubois Road, Ithaca, New York
14850, parties of the second part (hereinafter known as "Lunger/Hoppenrath"), and
Dorothy Jenks of 3029 Dubois Road, Ithaca, New York, party of the third part
(hereinafter known as "Jenks").
WHEREAS, Decker is the owner of real property located in the Town of Ulysses,
Tompkins County on Dubois Road, known as tax parcel number 33-3-16, being the
same premises conveyed to him at Liber 696 of Deeds at page 150; and
WHEREAS, Lunger/Hoppenrath are the owners of real property located in the
Town of Ulysses, Tompkins County on Dubois Road, known as tax parcel number 33-3-
15, being the same premises conveyed to them at Liber 708 of Deeds at page 300; and
WHEREAS, Jenks is the owner of real property located in the Town of Ulysses,
Tompkins County on Dubois Road, known as tax parcel number 33-3-14, being the
same premises conveyed to her at Liber 600 of Deeds at page 249; and
WHEREAS, the parties desire to grant each to the other certain rights and
obligations for a water line for the mutual benefit of their respective properties and all
future owners thereof.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, receipt of which is herby acknowledge, the parties agree:
I '
i \
( ^
1. All parties grant and release to the other parties an easement for the purpose
^ of laying, maintaining, and operating a two inch (2") pipeline (the "Waterline") to be used
for the transportation and conveyance of municipal water from the north boundary of the
Town of Ithaca along the west side of Dubois Road as shown on the attached survey
map. All parties hereby also grant an easement of ingress and egress over the
easement area described herein for said installation, maintenance and repair.
The location of the Water line is shown on a survey map entitled"
dated 2002, made by , which survey is attached
hereto and made a part hereof.
2. The parties shall obtain all necessary permits and approvals for the
installation and operation of the Waterline and shall pay all expenses in connection with
the installation, maintenance, repair, and, if necessary, replacement of the Waterline.
The parties shall share said expenses equally. The party to whom said municipal water
was provided shall pay all assessments for the municipal water provided to such
property.
The parties hereby covenant that the surface of the easement area and any
> staging area shall be returned to the same condition as before any installation,
maintenance or repairs are commenced, including but not limited to replacing any
driveways.
3. The parties shall not obstruct, impede, or otherwise interfere with the
reasonable use of the Waterline, and no buildings or other structures shall be
constructed over the Waterline, except that driveways and/or roadways may be
constructed in the easement area.
4. If municipal water becomes available to the lands of the parties, and this
water district has not been extended, the parties or their successors in title agree to
petition to dissolve this water district.
5. Should this water district be dissolved, this easement shall terminate.
they executed the same in their capacities, and that by their signatures on the ^
instrument, the individuals, or the person on behalf of which the individuals acted,
executed the instrument.
f *
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) 38:
On the day of , in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Teresa A. Hoppenrath,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individuals whose names are subscribed to the within instrument and acknowledged to
me that they executed the same in their capacities, and that by their signatures on the
instrument, the individuals, or the person on behalf of which the individuals acted,
executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
On the day of , in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Dorothy Jenks, personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacities, and that by their signatures on the
instrument, the individuals, or the person on behalf of which the individuals acted,
executed the instrument.
( \
Notary Public
r^,
(
6. The rights and responsibilities herein set forth shall run with the land and shall
be binding upon the parties hereto, their respective grantees, successors, heirs,
executors, administrators and assigns.
IN WITNESS WHEREOF, the parties have signed this agreement as of the date
and year above stated.
Jack M. Decker
Michael G. Lunger
Teresa A. Hoppenrath
Dorothy Jenks
STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS:
On the day of , in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Jack M. Decker, personally
known to me or proved to me on the basis of satisfactory evidence to be the Individuals
whose nancies are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacities, and that by their signatures on the
instrument, the individuals, or the person on behalf of which the individuals acted,
executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS:
On the day of , in the year 2002, before me the undersigned, a
Notary Public in and for said State, personally appeared Michael G. Lunger, personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals
whose names are subscribed to the within instrument and acknowledged to me that
Attachment #4
Toiwn Board ffeeting 12/9/02
Local Law Filing yorkstate department of state^ 41 STATE STREET, ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Xounty—
of ITHACA
Tbwn -
VillagS,
Local Law No. -l.Q. of the year 20-9.?..
A local law ...MQDJFXING.THE..GOVE.MMCE..^ TO THE
(limrt Titiet
gQNSERVATION BOARD & AMENDING & RESTATING LOCAL LAW NO.
4 OF THE YEAR 1993 WHICH REDESIGNATED THE TOWN OF ITHACA
CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA
CONSERVATIO^^^
Be it enacted by the -TQWN..JBQAED
iSmmeo/LfgistaiiweBo^]^ ||^ U|C
-€1^^ ITHACA
Ibwn — as follows:
< County
—
Tbwn
Village ^
SEE ATTACHED
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS.239|Rev. 11/99) (1)
TOWN OF ITHACA f
LOCAL LAW NO. 10 OF THE YEAR 2002
A LOCAL LAW MODIFYING THE GOVERNANCE PROVISIONS RELATED TO THE
CONSERVATION BOARD AND AMENDING AND RESTATING LOCAL LAW NUMBER
FOUR OF THE YEAR 1993 WHICH REDESIGNATED THE TOWN OF ITHACA
CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA
CONSERVATION BOARD
Be it enacted by the Town Board of the Town of Ithaca as follows:
Whereas, the Town of Ithaca Town Board established a Conservation Advisory Council in
February 1990; and
Whereas, Section 239-y of New York State General Municipal Law states "The local
legislative body of any city, town or village, which has heretofore created a conservation advisory
council may, by resolution, redesignate such council as a conservation board provided such council
has prepared and submitted to the local legislative body the conservation open areas inventory and
map which are accepted and approved by the local legislative body as the open space index of the
municipality;" and
Whereas, the Town Board of the Town of Ithaca accepted and approved the December 1992
Open Space Report prepared by the Conservation Advisory Council as the Town of Ithaca Open
Space Index (the "Index") on December 7, 1992; and
Whereas, the Town Board by Town of Ithaca Local Law Number 4 of the year 1993
redesignated the Conservation Advisory Council as the Town's Conservation Board in accordance
with Section 239-y of the General Municipal Law, with certain changes in powers and procedures as
set forth therein; and
Whereas, the Town Board desires to amend Local Law Number 4 to change certain of the
governing rules related to the Conservation Board and to provide for the appointment of associates to
work with the Conservation Board as set forth below;
THEREFORE, BE IT FURTHER ENACTED that the remainder of Local Law Number 4 of the year
1993 be amended and restated to read as follows:
Section 1. Redesignation of Conservation Advisory Council as Conservation Board. The Town of
Ithaca Conservation Advisory Council is hereby redesignated as the Town of Ithaca Conservation
Board (hereinafter referred to as the "Board") to assist the Town of Ithaca in the development of
sound open space planning and assure preservation and protection of natural and scenic resources.
Section 2. Powers and Duties. The Board shall have the following powers and duties:
a. Those powers and duties set forth in General Municipal Law Section 239-y except as
\
(
Consen-ation Bom! Amendment & Restatement of Gowniing local /an; Hal: I VT8.0;JCB Ithaca Local Lajcs; December 10,2002 (11:42AM)
modified below.
b. The board shall review applications (such as, for example, applications for rezoning,
subdivision approval, site plan approval, special approval, fill permits or variances) received
by the Town Board, Planning Board, Zoning Board of Appeals, or other administrative body,
which seek approval for the use or development of any open area identified in the Index and
which application involves property or a project that is:
(i) A Type I action under the New York State Environmental Quality Review Act and
related regulations; or
(ii) Within or contiguous to a Critical Environmental Area or Unique Natural Area
designated by the appropriate governmental entity; or
(iii) Within an Environmental Protection Overlay District and requires a special approval
from the Town Planning Board or a variance from the Town Board of Appeals; or
(iv) Involves five or more acres of land; or
(v) Would create five or more building lots; or
(vi) Would be reasonably anticipated (based on recognized traffic generation guides) to
\ create fifty or more vehicle trips per peak hour.
c. The Board shall review any other applications that involve land identified in the Index upon
(i) The request of the Town Planner or Town Engineer and the concurrence of the Chair
of the Board; or
(ii) The concurrence of the Chair of the Board and the Chair of the entity receiving the
application.
d. The Board shall exercise any of the functions and responsibilities heretofore granted to the
Conservation Advisory Council in the Febmary 12, 1990 Town Board resolution that
established such Council.
e. The Board shall perform any duties assigned to it by resolution of the Town Board.
f. The Board may request the assistance of the Department of Environmental Conservation in
the preparation of any report.
g. The Board shall notify the Department of Environmental Conservation of its establishment
within thirty days of the adoption of this local law.
Section 3. Procedures Applicable to Review of Applications.
Consemtion Board A mcudmeut & Restatement of Gonrning local laty; Hal: \IT8.0:JCB Ithaca Local I^aivs; December 10,2002 (11:42Aj\0
a. The Chair of the Board shall be notified of all subdivision proposals, and applications for
rezonings, whether or not review is required pursuant to the provisions above, within five
days of receipt of same by the Town of Ithaca Planning Department. In addition, the Chair of
the Board shall be notified of any other application (special approvals, site plan approvals,
variances, fill permits, etc.) for which review of the Board is required by this local law within
five days of receipt of same by the Planning Department or other appropriate Town Official.
b. The Board, at its option, with concurrence of the Director of Planning, may decline to
perform a formal review on a specific project.
c. The Board shall have at least 15 working days to complete its review and shall submit a
written report to the referring Board or entity at least 5 working days before a project is to be
considered by the applicable entity so that Board recommendations can be included in the
referral entity's mailing.
d. Such report shall evaluate the proposed use or development of the open area in the context of
the Open Space Index and the land use planning objectives of the Town. The report may
make recommendations as to the most appropriate use or development of the open area and
may include preferable alternative use proposals consistent with open areas conservation.
e. A copy of the report shall be filed with the referring board or entity and made available for
public inspection at Town Hall.
f. Adequate staff time will be allocated to the Board to assist with the review. Such time will
be determined by the Director of Planning with input from the Chair of the Board and the
Chair of the referring entity.
g. Accurate summary records or minutes of the Board's meetings and activities shall be kept and
reported to the Town Board as requested. Such records shall be made available to the public
in accordance with the New York State Freedom of Information Law and any related local
laws and procedures.
Section 4. Membership.
1. The Board shall consist of no less than three (3) members and no more than nine (9)
members, appointed by the Town Board, who shall serve for terms of two (2) years. Any
person residing within the Town of Ithaca who is interested in the improvement and
preservation of environmental quality shall be eligible for appointment. Each member shall
be entitled to one vote. Approximately one half of the initial appointments to the Board shall
be made for a term of one year only, so as to create staggered terms such that approximately
one half of the Board shall be considered for appointment each year. Terms of office shall
commence (except when filling vacancies occurring other than on December 31) January 1
and expire December 31 following the next January 1. Appointments made other than on
January 1 shall be for the remaining unexpired term of the member being replaced.
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Conservation Boairl Amendment & Restatement of Gowmnig local taw; Hal: \VP8.0;JCB Ithaca Local Laws: December 10,2002 (11:42AM)
2. In addition, one or more associates may be appointed by the Town Board. An associate shall
be entitled to participate in meetings, discussions, and activities of the Board including its
committees, but shall not have the right to make, second, or vote on motions of the Board or
committee of the Board. The number of associates, if any, shall be determined by the Town
Board. If appointments of associates are made, the terms shall be as determined by the Town
Board but shall normally be for periods commencing January 1 and expiring December 31
following the next January 1. Persons to be considered for appointment as associates shall be
nominated by a majority vote of the entire Conservation Board. The rationale for having
associates appointed is to allow the Board to have the benefit of volunteer assistance, which
would be encouraged and recognized by the honorary status of associate. Associates would
be distingushed from other concerned citizens by their appointment as associates to the
Board and their participation in Board business either on a temporary basis, for a specific
project, or on a regular long-term basis.
3. One of the full members of the Board shall be recommended by the Town Board to
Tompkins County to be the Town=s representative to the Tompkins County Environmental
Management Council. The Conservation Board may make a recommendation in this regard
to the Town Board.
— Section 5. Officers.
/
N a. The Town Board shall annually appoint from the total membership of the Board a person to
serve as Chair of the Board.
b. The Board shall elect a Vice-Chair who shall assume the responsibilities of the Chair in the
absence of the Chair.
c. If both the Chair or Vice-Chair are absent from a meeting, the Board shall elect a temporary
Chair to conduct such meeting.
Section 6. Other Procedures and Reports. The Board
a. Shall receive staff and clerical assistance from the Town as the Town Board, upon the advice
of the Chair of the Conservation Board and the Director of Planning, may determine to be
necessary or appropriate;
b. May adopt its own rules, regulations, or bylaws for the conduct of its business provided that
the same shall not be inconsistent with the terms of this local law and provided further that
the same shall be subject to the approval of the Town Board before they become effective;
c. In order to accomplish its reviews, may create one or more committees made up of at least
three of its members to which the function of reviewing development applications may be
delegated. The vote of a majority of the members of such duly constituted committee shall
be necessary to forward any reports or recommendations to any referring entity.
Coasert<sdon Board Amendment & Bestatement of Governing heal law; Hal: \VP8.0;JCB Ithaca Local Laws; December 10, 2002 (11:42AM}
Section 7. Compensation and Expenses. The members of the Board shall receive no compensation
for their services as members thereof but may be reimbursed for reasonable and necessaiy expenses
incurred in performance of their duties within the appropriations made available therefor.
Section 8. Town Board Resolution. This local law shall be considered a resolution of the Town
Board for purposes of redesignation of the Conservation Advisory Board to a Conservation Board
pursuant to General Municipal Law Section 239-y. To the extent that any provision of General
Municipal Law Sections 239-x or 239-y are inconsistent with the provisions of this local law, the
terms of this local law are intended, pursuant to Municipal Home Rule Law 10 and other provisions
of law, to supercede those provisions insofar as they pertain to the Conservation Board of the Town
of Ithaca.
Section 9. Invalidity. If any provision of this law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain
in full force and effect.
Section 10. Effective Date. This law shall take effect immediately.
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(Complete the cerUficatlo., In the paragraph that applies to the Hling of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ^^ rs o
of the (Cbu«te)(City^(Town)(VHfege) of - of 20-.Q2....XQWOOABtoZ:;. ........T:. on-P.EC..9;;; 0002 V ^as duly passed by the{Name <f Legislative Body) * ^ ®^®™ance With thc applicable provlsions of law
"" ««^aPProval
of 20......
on y ; : - was duly passed by the(tfame of Legislative Body) »was (approved)(not approved)(repassed after
disapproval) by and was deemed duly adopted on 20....
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No
of the CCounty)(City)(Town)(Village) of of 20
- was duly passed by the
(Bame ofLegislative Body) ' 'and was (approved)(not approved)(repassed after
disapproval) by the c 1.1 . .
(Elective Chief Executive Officer*) • ^UCft lOCal IbW WaS SUboiitted
to the people by reason of a (raandatory)(perinissi ve) referendum, and received the affirmative vote of a m.iori. rthe quaiiried e ectois vo mg thereon at the (generai)(speciai)(annuai) election held on - "f « majonty of
accordance With the applicable provisions of law. , in
«?e«ndlr'"'"'" ""op"™ "ecnus. no valid peUtlon was filed requesttng
I hereby certify that the local law annexed hereto, designated as local law No
of the (County)(City)(Town)(Village) of of 20
on -yn '1 passed by the(Name of Legislative Body) »and was (approved)(not approved)(repassed after
disapproval) by the
(Elective Chief Executive Officer*) £.\i--- . OUCH lOCal laW WaS SUbjccl tO
permissive referendum and no valid petition requesting such referendum was filed as of 70
accordance with the applicable provisions of law. 20..-. , m
* Elective Chief Executive Officer means or includes the chief executive nrnrcs*.wide basis or, If there be none, the chalrpei^so'nVthe yutltne^Ivet^dr a county,the supervisor of a town where such ofilcer is vested with the power to approve o" eto local ll^sy/ordfuLnU.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No of 2 ^
qualified electom of such city voting thereon at the (special)(gei.eral) election held on M
became operative. —»
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. -
at'^e^era* Election MMunicipal Home Rule Law. and having -ceVved" the affimiatitie'^^^^^^^
voting at said general election, became operative.
arany other nuthorlzed form of final adoption has been followed, please provide an appropriate certincaUon.)
I further certify that I have compared the preceding local law with the original on file in th« nffini» » ri tu o ou
J ^
(Seal) n.i.- i^'TiODT^
im^Trttoriz^'TttXerof locnmy)'' Coo-sel, Thwn Attorney, Village Attorney or
STATE OF N8W YORK
COUNTY OF TDMPTTTN.c^
I, the undersigned, hereby certify that the foregoing local law contains the correct tevt •„.! ti.,. nhave been had or taken for the enactment of the local law aJne hereto. proceedings
Sigoaturc
j hu^' 4*^
County
of T^Wcr. ^
Town ,
""VtHage- ( (
Date
(3)
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,
Tompklns County, New York and 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 Joumal):
LEGAL ADVERTISEMENT:A LOCAL LAW MODIFYING THE GOVERNANCE
PROVISIONS RELATED TO THE CONSERVATION
BOARD AND AMENDING AND RESTATING
LOCAL LAW NUMBER FOUR OF THE YEAR 1993
WHICH REDESIGNATED THE TOWN OF ITHACA
CONSERVATION ADVISORY COUNCIL AS THE
TOWN OF ITHACA CONSERVATION BOARD
Location of Sign Board Used for Posting:Town Clerk's Office
215 North Tioga Street
Ithaca, New York 14850
> Date of Posting:
Date of Publication:
Monday, November 25, 2002
Wednesday, November 27,2002
.pv;
n 4-(.1% ^
Tee-Ann Hunter,
Town Clerk, Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF ITHACA )
nd
Sworn to and subscribed before me this day of 2002
Notary Public
LORILQUIGLEYNotary Public, State of New York
No. p1QU6012333
Qualified in Tompklns County
commission Expires August 20, goOCo
TOWN OF ITHACA
NOTICE OF
PUBUC HEARING
NOTICE is HEREBY GIVEN
Jnal o public hearing will be
held berore the Town Board
of the Town of Ithaca at 215
North Tioga Street, Ithaca,
New York, on the 9th day
of D^ember 2002 at 6:30
p.m. in order to consider, A
LOCAl LAW MODIFYING
THE GOVERNANCE FTIOVI.
SIONS RELATED TO THE
CONSERVATION BOARD.-
AND AMENDING' AND
RESTATING LOCAL lAw
NUMBER FOUR OF^E
YEAR 1993 WHTGH
RE DESIGNATED THE
TOWN OF ITHACA CON-
SERVATION ADVISORY
COUNCILAS THE ..TOWN;
OF ITHACA CONSlRVA-
TION BOARD, and -
FURTHER NOTICE IS »
HEREBY GIVEN that all per- t
sons at the aforementioned h
fime and place shall be af- F
forded the opportunity to i
voice their approval or op- &
position to soid local law. i
Copies of said propo^ lo- t
col tow are available'br ?
rwiew at the Town Clerk's |
onice at the above' address $■ f 1during regular office hours; * \
and f JFURTHER NOTICE IS % (HEREBY GIVEN that *individuals with visual ^impairments, hearing 'impoirments or other specim ;needs will be provided with !■assistance as necessary, ^upon request. Persons desir- l
ing assistance must make a '
request not less than.48hours prior to the time or the
public '
Hunter
Town ClerkDoted: November 25,2002November 27. 2002 - -
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□□□□□□□ Town Assigned Project ID Number
Town of Ithaca Environmental Review^ SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompklns County, NY ONLY
PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor
Town of Ithaca Town Board
2. Project Name
Local Law Modifying the Governance Provisions Related
to the Conservation Board & Amending & Restating Local
Law No. 4 of the Year 1993 Which Redesignated the Town
of Ithaca Conservation Advisory Council as the Town of
Ithaca Conservation Board.
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
Townwide
Tax Parcel Number: N/A
4. Is proposed action:
NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Local Law)
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans,
and other relevant items):
Enactment of a local law modifying the governance provisions related to the Conservation Board. The proposed
modifications include a new "Associate" category to provide assistance to the Conservation Board and participate on
committees, clarification regarding appointment of a representative to the Tompkins County Environmental ManagementCouncil, and other updates and clarifications regarding bylaws, committee membership and voting, and other
organizational and administrative matters.
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
*^6. Amount of land affected: N/A
Initially (0-5vrs) Acres (6-lOvrs) (>10 yrs) Acres
7. How is land zoned presently? N/A
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes X NO If no, describe conflict briefly:
9. Will proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other
Please Describe: N/A
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental
agency
(Federal, State, Local?) YES NO X
If yes, list agency name and permit/approval/funding:
12. Does any aspect of the proposed action have a currently valid permit or approval? YES ^NO_
If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor. Town of Ithaca
Signature and Date: v p.-.-
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PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary)
' A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local
YES NO X If yes, coordinate the review process and use the full EAF. ^
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste
production and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None anticipated.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly:
None anticipated.
C3, Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
Threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or
other Natural resources? Explain briefly:
None anticipated.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain
briefly:
None anticipated.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly: See Attached.
E. Comments of staff X CB other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant Each effect
should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic
scope, and (0 magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to
show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on
Attachments as necessary the reasons supporting this determination.
Town of Ithaca Town Board
Name of Lead Agency
Catherine Valentino. Supervisor
Name & title of Responsible Officer In Lead Agency
C "iutvx.
Signature of Responsible Officer in Lead Agency
er's Signaturedf different from ResPreparer's Signature(If different from Responsible Officer)
DATE:
Signature of Contributing Preparer
December 9, 2002
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Attachnient #5
Town Board Mseting Deoeniber 9, 200:
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO: TOWN BOARD
FROM: JONATHAN KANTER, DIRECTOR OF PLANNING
RE: AUBLE PROPERTY SITE DEVELOPMENT & REZONING
SKETCH PLAN DISCUSSION,
CORNER OF DANBY AND WEST KING ROADS
DATE: DECEMBER 2, 2002
The Town of Ithaca has received the attached request for consideration of zoning modifications
regarding David Auble's property consisting of approximately 15 acres at the comer of Danby
Road and West King Road. This is the remainder of the property retained by Mr. Auble after the
recent conveyance of a large part of his original parcel to the State Office of Parks, Recreation
and Historic Preservation as an addition to the adjacent Buttermilk Falls State Park. Attached is
a report prepared by Mr. Auble's consultant (dated Nov. 25,2002) summarizing the requested
zoning changes and the concepts for residential development of a portion of the site. This is
scheduled for a sketch plan discussion at the December 9*"^ Town Board meeting.
The Town Board is being asked to consider referring the sketch plan and rezoning request to the
Planning Board for a recommendation. A sketch plan review has tentatively been scheduled for
the December 17,2002 Planning Board meeting, pending the referral by the Town Board. The
Planning Board would be responsible for consideration of site plan approval, subdivision
approval, and a recommendation to the Town Board regarding the proposed zoning changes, and
the Town Board would be responsible for consideration of the enactment of the zoning changes.
As detailed in the applicant's report, the sketch plan proposal would consist of sixteen apartment
units in four buildings and six single-family residences on individual lots with a new road off of
West King Road that would be proposed for dedication to the Town as a public road. Most of
the site is currently zoned Business "C" with a small area of Business "D" at the intersection of
Danby and West King Roads and small areas of MR Multiple Residence. The apartment area
and six single-family lots are proposed to be included in a Multiple Residence zone, which
would give the Planning Board site plan approval authority over the entire residential
development. To accomplish this, about 7.8 acres would have to be rezoned from Business "C"
to MR Multiple Residence. The applicant has no current proposal to develop the remaining
Business-zoned portion of the site - this would be a future phase of development.
It appears that the above would be "Type I" actions pursuant to the State Environmental Quality
Review Act (SEQR), since the proposed development area is "substantially contiguous to (any)
publicly owned or operated parkland" and the proposal would change +/- 7.8 acres of Business
"C" zoned land to MR Multiple Residence (where residential uses are not currently permitted in
the Business zones), thus exceeding 25 percent of the threshold listed in 6 NYCRR Part 617 ^
Section 4(b)(2) - "the adoption of changes in the allowable uses within any zoning district,
affecting 25 or more acres of the district." If this is classified as a Type I action, the Town Board
may want to consider requesting that the Planning Board establish itself as lead agency to
coordinate the environmental review for the proposed actions.
tfiThe following are some discussion points for the Board^s consideration at the December 9
meeting:
Town's Revised Zoning Proposal and Alternative Zoning Possibilities: The applicant is
proposing MR zoning for both the proposed apartments and the single-family lots. The current
MR District permits single-family, two-family, and multi-family dwellings, and would allow the
development proposed in the sketch plan. The Town would benefit from the single-family lots
being in the MR zone in that each of the lots would be subject to site plan approval just as the
apartment portion of the development would be. A possible tradeoff would be that under the
proposed MR zoning, the applicant or a future owner would be able to propose a higher density
proposal on each of those lots, or even consolidate and redevelopment the single-family lots into
a larger apartment development. As an example, under MR zoning, each individual lot could
contain a one-family, two-family, three-family or even four-family building, provided that
sufficient parking and open space and buffer areas could be included. Or, the six individual lots
could be consolidated into one larger lot (approximately six acres), which could be developed
into as many as 50 or 60 apartment units (for illustrative purposes only).
An alternative to consider would be to limit the MR zoning to the proposed 16-unit apartment ^
development on 2.1 +/- acres, and rezone the six single-family lots to R-30/Low Density
Residential. This would limit the future development potential of these lots, but would also
remove the site plan approval authority, which the Town would have under MR zoning. The lots
would of course be subject to subdivision approval, but this results in much more general review
of site issues like grading, drainage, landscaping, buffering, and building layout and design,
unless the single-family lots were reviewed as a cluster subdivision, in which case site plan
approval could be built back into the process.
Another alternative would be to consider a Special Land Use District (SLUD) for the entire
fifteen-acre property. A potential problem with this approach would be that there is no proposal
yet for the future commercial phases of development, and SLUD's are typically designed around
very specific development proposals and have very specific zoning provisions to control site
development. The Business-zoned portions of the site already are zoned as such, and it appears
to be superfluous to enact a SLUD, when the residential and commercial components of site
development can be accommodated under existing zoning district provisions with some rezoning
adjustments.
A note of interest: The applicant's report indicates that the Town's proposed Zoning revision
shows the rear portion of the property and the southern frontage on Danby Road as "Low
Density Residential," with a smaller "Neighborhood Commercial" zone on the remainder of the
Danby Road frontage. Since that proposal, the Codes and Ordinances Committee has agreed to a i '
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change in that recommendation, whereby the revised Zoning Map (Nov. 26, 2002) now shows
MR Multiple Residence zoning for the rear portion of the site, and Neighborhood Commercial
along the entire Danby Road frontage (very similar to the zoning modifications requested by the
applicant).
Concents and Zoning for Commercial Development: The sketch plan report does not include any
indication of future development on the remaining commercially-zoned portions of the site. It
would be appropriate to add a discussion for the Planning Board's consideration at the December
17"^ meeting relating to concepts for future development in the commercial areas of the site.
This may actually be required in order to conduct the SEQR environmental review, at least on a
generic level.
While the applicant is not currently requesting any zoning change for the remaining commercial
zone, the report indicates that the developer proposes zoning the remaining Business "C" and
"D" areas as "Community Commercial" under the Town's revised Zoning. This would not be
consistent with the Town's current proposal for the area, which includes eliminating the Business
"D" zone, and designating the entire commercial area as "Neighborhood Commercial," which is
intended to serve nearby neighborhoods and to have generally smaller-scale development than
the "Community Commercial" zone. While this is not part of the current rezoning request, the
Boards should keep in mind what the future commercial zoning potential is on this site and how
this relates to the surrounding area. Staff recommends that the Town Board consider as part of
the current request changing the Business "D" zone to Business "C". In addition, the Town
Board could consider rezoning the small adjacent parcel to the south (Tax Parcel No. 37-1-18),
^ also owned by Mr. Auble and consisting of +/- 0.2 acres, from the current MR zone to Business
^ "C" if that parcel were to be consolidated with the larger commercial property. Staff suggests,
however, that the Town's Zoning Map revision proposal continue to show the commercial
zoning on the Auble site as "Neighborhood Commercial."
It should be pointed out that the most recent version of the revised Zoning draft eliminates the
previously proposed "hours of operation" provision in the Neighborhood Commercial zone
because such limitations would be problematic for some of the uses in the zone, such as
restaurants and motels, and that it would be more appropriate for the Planning Board or Zoning
Board of Appeals to consider hours of operation for some proposals during the site plan approval
or special approval process.
The applicant also appears to be concerned with the building size restrictions in the
Neighborhood Commercial zone. While individual buildings would not be permitted to exceed
7,500 square feet (or 10,000 square feet by special permit), the overall commercial floor space is
only limited by maximum lot coverage (30%), open space (minimum 30% useable open space),
maximum building height (38 feet or 2 to 2-1/2 stories), and parking (determined by type of use).
Therefore, the actual amount of floor space permitted in Neighborhood Commercial is not
limited by the building size restriction, but the intent is to design development at a small,
neighborhood scale, and not end up with "big box" types of development.
Overall Stormwater Management Plan: Staff has indicated to the applicant that an overall
stormwater management plan and sedimentation and erosion control plan will have to be
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prepared for this development site, factoring in the future development potential of the
commercial portion of the property. The sketch plan shows a proposed stormwater management
pond on Lots 3 and 4. A full stormwater analysis will have to be prepared to determine the best _
methods for controlling runoff and maintaining water quality on this site, and whether the
proposed pond will be adequate. This will also have to address how site development will
impact the stream that traverses the site and how adjacent areas will be affected.
Locating the stormwater management pond on two separate lots could be problematic. It might
be more appropriate to instead include the area of the pond with Lot 7, which includes the
apartment development, and assigning maintenance responsibility for the pond to the apartment
owner. Another option would be to separate out the pond area as a separate lot or as part of the
public road right-of-way, and include this area in the dedication to the Town. The Town would
have to agree to take on the ownership and maintenance responsibilities.
Proximitv of Buttermilk Falls State Park: State Parks recently acquired a large portion of Mr.
Auble's property for an addition to Buttermilk Falls State Park. The main purpose of the
acquisition was to provide a buffer between the park and future development along Danby Road.
State Parks officials will be consulted as this proposal progresses through Town reviews. At first
glance, the residential component of this sketch plan appears to be consistent with State Park's
goals to preserve the natural character of Buttermilk Falls State Park and minimize impacts of
adjacent development on the park..
Possible Board Actions at Dec. 9*'' Meeting:
• Consider referring zoning proposal to Planning Board for recommendation
• Confirm classification as "Type I" or "Unlisted" Action pursuant to SEQR, and if
Type I, consider requesting that Planning Board establish itself as Lead Agency to
coordinate the environmental review.
Meanwhile, please feel free to let me know if you have any questions regarding this matter.
Att.
cc: David Auble
Brian M. Klumpp, L.S.
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Attachment # 6
Tcfwn Board fating De.
To: Catherine Valentino
Mark Varvayanis
Alan Cohen
From: Lawrence P. Fabbroni, P.E.,L.S., Asst. Supt. DPW, Water & Sewer
Date: September 27,2002
Re: Wastewater Treatment Plant Phosphorus Reduction Project
As requested at the last SJS meeting attached please find the revised project budget for
the phosphorus reduction project at the wastewater treatment plant. Also please find the
corresponding project management budget for the construction phase of the work. It is
important that you incorporate budget authorization of this project into your current 2003
municipal budget discussions.
Draft final design documents will be available soon for your use as an exhibit in your
budget meetings and actions. You will have a full opportunity to submit comments for
the final design documents to be submitted to NYSDEC in October. We also are
expecting additional bond act monies to be awarded sometime in October. So if you
could initiate the project authorization with your boards in October, the final detail of the
remaining local share should be defined well in advance of your final budget meetings in
November.
I am available for any project clarification or presentation you might consider useful.
Total Project Budget- Tertiary Phosphorus Removal Upgrade
Contract 1 General Construction
Mobilization, bonds, insurance, and general condition $ 200,000
Sitework $ 25,000
Process structure $1,100,000
Equipment $1,400,000
Process and yard piping $ 100.000
Subtotal $2,825,000
Contract 2 Electrical and Instrumentation $ 410,000
Contract 3 Heating, Ventilating, and Plumbing $ 85,000
Contingency $ 170,000
Fiscal, Legal, and Engineering $ 625.000
TOTAL PROJECT COST $4,115,000
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Project Funding Sources- Tertiary Phosphorus
Project Total $ 4,115,000
Committed Bond Act Funding $(2,771,000)
Revised Local Remainder $ 1,344,000
Approximate Partner Shares
$1,344,000 of total $4,115,000
City of Ithaca 57.15% $ 768,096 of total $2,351,722.50
Town of Ithaca 40.87% $ 549,292.80 of total $1,681,800.50
TownofDryden 1.98% $ 26,611.20 of total $ 81,477
The above figures give the best project forecast of the respective municipal shares of the
total project cost that must be temporary financed and the range of costs that would
remain as local shares to permanently finance.
The project is on an eligibility list for Environmental Facility Corporation financing at
50% reduced interest plus administrative fees. A representative borrowing rate given
present long term rates around 5% would be an effective rate of 2.8% on a 20 year bond
payment schedule. Since the project will be constructed during 2003, permanent
financing should not be anticipated before early 2004.
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Project Management Budget - Construction Phase H
Bidding $ 24,800 t
Construction Administration $ 63,900
Shop Drawing Review $35,100
Resident Representative $ 55,700
Concrete and Soils Testing $ 10,600
Change Orders $ 7,900
Record Drawings $ 6,000
Operations & Maintenance
Manual $ 16,700
Plant Startup S 5,900
Guarantee Period Services $ 5,500
Project Closeout $ 2.900
Steams & Wheler
Cost Not To Exceed $235,000
City & WWTP Resident
Representative Services Already budgeted
TOTAL $235,000
t \
Attachment #7
Ibwn Board Meeting Deconber 9, 2002
Options for changing Deductibles for Commercial Insurance
Coverage
Current
Deductible
Proposed
Deductible
A
Propertv
Inland Marine
Comprehensive
$5,000
$500
$10,000
$25,000
$1,000
$5,000
nnualized
Savings
$500
$987
$382
$687
/*N
Auto
Comprehensive
Collision
Public Officials
$500
$1,000
$1,000
$3,000
$254
$1,200
Vehicles valued less than $3,000 would remain at $1,000 deduct.
$5,000 $10,000 $1,170
SELECTIVE SELECTIVEZURICH ST. PAUL(Prof, (fonneriyRUSSELLBOND CORIERICOVERAGES(expiring)(renewal)NYMIR Und.)Titan)ARROWHEADProperty$6,060$7,418$5,886.10$12,264.0Equipment BreakdowninciincI$1,021.90inciInland Marine$5,689($7,0^$8,912.20incICrime$582$685$0.00incIGeneral Liability$17,240$19,967$28,966.30$36,406.0Business Auto$24,582(^$28,2j^$12,642.30$25,530.0Umbrella$8,955(^12,8^$16,789.30$14,500.0Pesticides/Herbicides$711$711nocovincINY Law Enforcement FeeNY Fire Fee$30$29.64$31$36.25$31.00$24.34$31.00$153.30Quoted Package Total$63,878.64($7^667.2^$74,273.44$88,884.30OOP$200$250$275.00$250Public Officials Liability$9,293$11,285$12,844.70incIEmployment PracticesLiab. Ins.not quotednot quotednot quotedincICapital Contribution orMembership Mgt. FeeN/AN/A$5,202.62$195.00Quoted Total$73,371.64(^8.492!^1 $92,695.76$89,329.30Annualized Total$77,950TBDCrime - National Grange$3,274Not Receivedkeep Nat. GrangeNotes: Selective - There are endorsements pending that viriii reduce the 03-04 premiumNYMIR - the Inland Marine policy premium of $8,912.20 is broken down betweenAuto Physical Damage of $3,134 and Equipment at $5,778.
Attachment #8
-r Board Meet
TOWN OF ITHKA
215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
www. town. Ithaca, ny. us
TOWN CLERK'S OFFICE
PHONE (607)273-1721 FAX (607)273-5854
9, 02
TO:
RE:
MEMORANDUM
Town Board
FROM: Tee-Ann Hunter and Carrie Whitmore
DATE: December 4, 2002
Dog Contol
On November 20**^ we hosted a luncheon with area Town Clerk's and SPCA Director,
Nathan Winograd, to discuss dog control contracts and procedures. They will be
returning on the 18 of December for further discussion of ticketing procedures.
Attached is a copy of our letter to the SPCA regarding how the Town plans to proceed
with reminder notices and ticketing. Mr. Winograd will be attending the January Town
Board Meeting for discussion of the SPCA contracts.
One of the topics that was discussed at our November 20^*^ meeting was dog
enumeration. The Town of Groton is currently conducting one. It has been many
years since the Town has done an enumeration. Changes to the Dog Licensing Law
described in the attached letter from the State Department of Agriculture and Markets
allow municipalities to collect a $5.00 surcharge for any unlicensed dogs identified
during an enumeration. This money could possibly pay for a dog enumeration and we
offer the information for Board discussion.
Tee-Ann and Carrie
TOWN OF ITHACA
215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
www.town. ithaca. ny. us
TOWN CLERK'S OFFICE
PHONE (607)273-1721 FAX (607)273-5854
November 25, 2002
Nathan Winograd
Tompkins County SRCA
1640 Hanshaw Road
Ithaca, NY 14850
Dear Nathan:
Thank you for meeting with the Tompkins County Clerks last Wednesday. As
requested, following is how we would like to handle ticketing and reminder notices:
1. The Town of Ithaca will mail its own reminder notices and write its own tickets.
2. Tickets will be written by Town Staff and ready for pick up at Town Hall by the 5^*^
of each month.
3. The SPCA will serve all tickets and retum copies to the Town by the 15*^ of each
month.
We look forward to working with you and the SPCA to sen/e our residents more
efficiently. Please contact our office at the number above with any questions or
concerns that you may have.
By copy of this letter we are notifying the other clerks of how we plan to proceed. Thank
you again for taking the time to meet with the Tompkins County Clerks. We look
fon/vard to seeing you again on December 18^^.
Sincerely,
r\
Carrie Whitmore
Deputy Town Clerk
Co: Town of Caroline
Town of Danby
Town of Dryden
Town of Enfield
Town of Groton
Town of Lansing
Town of Newfield
Town of Ulysses
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
1 WINNERS CIRCLE
ALBANY, NEW YORK 12235
DIVISION OF ANIMAL INDUSTRY
518 457-3502
FAX 518 485-7773
November 21,2002
Notice To all Town Clerks:
New Dog Licensing Law Changes in 2002
The following law changes were made during the past legislative cycle. All are in
effect unless noted.
1. Mandatory age for licensing changed to four months. Dogs, which do
not leave the owner's property, do not have to be licensed until four months old. Rabies
vaccination may be administered after the puppy reaches three months of age. This law
provides one month to allow the owner to have their animal vaccinated prior to licensing.
The $3.00 Animal Population Control Fimd surcharge now will apply to all
unspayed/unneutered dogs over FOUR months of age on PUREBRED licenses.
2. $5.00 surcharge on dogs identified during an enumeration. The new
law authorizes a town to collect an additional $5.00 for dogs identified as unlicensed
during a dog enumeration. This fee is collected at the time of licensing and is in addition
to the statutory fee, local fee and the Animal Population Control Fee. The money is not
reported to the state but must be used for dog control in the municipality.
3. Number of exemptions increased. Three separate bills changed fee
exceptions for various classes of dogs.
SERVICE DOGS
A service dog is any dog which has been or is being trained to do
work for the benefit of a person with a disability provided that the dog is or will be
owned by that person, their parent , guardian or legal representative. Disability is now
the same definition as used in executive law as "a physical, mental or medical
impairment resulting from anatomical, physiological, genetic or neurological conditions
which prevents the exercise of a normal bodily function or is demonstrable by medically
printed on recycled paper
accepted clinical or laboratory techniques or a record of such an impairment or a
condition regarded by others as such an impairment."
DETECTION DOG
Detection dogs are also now exempt from license fees. This
includes dogs trained and used to detect "controlled substances, explosives, firearms,
cadavers, or school or correctional facility contraband." Search and rescue dogs are also
still exempt under the "Working Search Dog" classification.
THERAPY DOG
Effective January 1, 2003, "any dog which is trained to aid the
emotional and physical health of patients in hospitals, nursing homes, retirement homes
and other settings and is actually used for such purpose or any dog owned by a
recognized training center located within the state during the period such dog is being
trained or bred for such puipose".is exempt from license fees. The sponsor of this
legislation identified two institutes. Therapy Dogs International, Inc. and the Delta
Society, as training centers.
4. Monthly submission of reports of licensing. This move was to change
the 1979 law to conform to our current electronic transfer practices. It mandates that a
copy of all licenses or a record of all licenses (if filing electronically) be sent to the
department by the fifth of the month following the month of issue. The revision also
allows that a record of the license and not necessarily a copy be retained by the clerk.
This means that you may retain a "record" of all the information on a license on your
database. The department has been allowing these practices in the past; this change just
makes them legal.
If you have any questions on these changes please call us al (518) 457-2778 or
email @ pets@agmkt.state.nv.us.
5,DVM
Assistant Director
Attacihment #9 - Regular Board Meeting Deceniber 9, 2002
TOWN Or-KRK ' S MONTHLY REPORT Agenda # 2 7
TOWN OF ITHACA, NEW YORK NOVEMBER, 2002
PAGE 1
.. '^0 THE SUPERVISOR:
Pnr^usrr r.-". Section 21. Subd i or the Tofe'n Lav. • hereby seke the {oliovfinq staienient of all fees and laoneys received by (se
in ionnertion witri r office diirino the iRonth stated above, esceptino only sach fees and iaonevs the apriicaticr; and oavisent
oi ifhicii are otherwise provided for by law:
2002 SPORTING LICENSES
2003 SPORTING LICENSES
DECALS
5 MARRIAGE LICENSES NO. 02084 TO 02088 43.75
AGRICULTURE REPORT
COPY AERIAL PHOTOS
2 MISC. COPIES 0.80
COMPREHENSIVE PLAN
draft ZO maps (PER MAP)
draft ZONING MAP (EACH)
DRAFT ZO MAP SET
DRAFT ZO on nn
2 DRAFT ZO PACKAGE 30.UU
ENVIRONMENTAL REVIEW
EXECUTIVE SUMMARY ZO
2 MARRIAGE TRANSCRIPT 20.00
NOISE ORDINANCE
RETURNED CHECK - CLERK
RETURNED CHECK-TAXES
^ 1 RETURNED CHECK- W&S 5.00
; OPEN SPACE REPORT 1984
POSTAGE
park, open SPACE EXEC SUM
1 PARK OPEN SPACE FULL RPT 4.5U
SIGN ORDINANCE
SIX MILE CREEK REPORT
"'l SUBDIVISION REGULATIONS 3.00
'7 TAX SEARCH 35.00
USE OF PARKS & BLDG
WETLAND GUIDELINES
WATER & SEWER SEARCH
ZONING MAP
n "2 ZONING ORDINANCE 17.00
n ZONING ORDINANCE DRAFT
TOTAL TOWN CLERK FEES
A1555 65 DOG ENUMERATION - 55_.00
A15 56 f:=PCA CONTRACT —289 .07
A3 557 1. SPCA IMPOUND FEES .110.00
A2389 VOTING MACHINE FEE
^,1-^ A2530 GAMES OF CHANCE LICENSES
BINGO LICENSES
1 BINGO FEES 17,92 i7 qo
A2540 TOTAL A2540 —
REPORT
A2544
A2701
B2110
65
13
1
B2115
DOG LICENSES
REFUND PRIOR YEAR EXPENS
BUILDING PERMIT
BUILDING PERMIT EXTENSIN
FOUNDATION PERMITS
CERTIFICATE OF OCCUPANCY
TEMP. CERT, OF OCCUPANCY
USE PERMITS
OPERATING PERMITS
FIRE SAFETY INSPECTIONS
SIGN PERMITS
ZBA AREA & USE VARIANCES
ZBA ADDITIONAL MTG. FEE
ZBA SPECIAL APPROVALS
ZONING SIGN APPROVALS
TOTAL B2110
SUBDV. REV. INITIAL APL.
SUBDV. REV. PRELIM. PLAT
SUBDV. REV. FINAL PLAT
SBDV. REV. PLAN REAFFIRM
SITE PLAN INIT. APL. FEE
SITE PLAN PRELIM. PLAN
SITE PLAN FINAL PLAN
ADD. MTG. FEE AGENDA PRO
ASS. MTG. FEE P.H. PROCE
TOTAL B2115
1,465.00
100.00
51.50
240.00
300.00
75.00
130.Ov
1
2,„1_56,_50
75.00
Paid to Supervisor for General Fund
Paid to Supervisor for Part Town
Paid to County Treasurer for Dog Licenses
Paid to Ag & Markets for Dog Licenses
Paid to NYS Health Department for Marriage Licenses
Paid to State Comptroller for Games of Chance Licenses
Paid to State Comptroller for Bingo Licenses
7„71.04
2,231.50
81.43
__1. 00
56.25
Total Disbursements 3,151.22
DECEMBER 4, 2002 SUPERVISOR
STATE OF NEW YORK, COUNTY OF TOMPKINS, TOV/N OF ITHACA
TBE-AN!j HUHTBE, being duly s?forn, says tut she is the Clerk cf the TOP OF ITfiACA
that Che foregoing is a tali and true statefaerit cf all Fees and Honeys received by her during the isonth above stated.
exceptino miv >;uch Fe?s the accjj.^aticn and peyraent or which are otherwise provided for by law.
Suhscnhed ?nd syorr; before -"-e :.h.is
dav v£ if
Town Clerk
Town of Ithaca Town Board, December 9,2002
/ Highway Department Report for November 2002
\
Caldwell Road
The Pubic Works Committee discussed the safety of Caldwell Road due to a letter received
outlining a dangerous situation. The need to fix this road has been on the Town's project list for
some time, although we were hoping to wait until the Forest Home traffic calming study was
complete. We will put together a project proposal to have the Public Works Committee review.
We will keep the Transportation Committee apprised of the progress of this project. This project
will also have to be presented to the Capital Planning Committee to get it on our fiscal calendar.
Public Works Facility
The Public Works facility is making progress. We now have the truck bay enclosed, heated, and
lighted. The November 1,2002, completion of this portion of the building is still several weeks
away. This has been due to material and equipment delays. We have been able to occupy the west
wall bays with our plow trucks while we wait for completion. Work on the new building
sections—office, break room/conference room, mechanic's shop, and large storage bays—is
proceeding despite the cold weather.
Transportation Improvement Program
\
The Transportation Improvement Program (TIPS) is a five-year, fiscally constrained program of
surface transportation projects that will utilize Federal funds. The Town will be submitting a
proposal for consideration to be included in the 2003-2008 TIPS. The project we are submitting
will be on Forest Home Drive between the bridges. We are proposing a 2006 construction date.
The Town will need to provide 20 percent of the cost of the project, which has an overall estimated
cost of $300,000. We will be taking this to the Capital Planning Committee.
November Projects
The Town Highway crews have started a drainage project on Indian Creek Road. This is not a
priority project so the wintertime is a good time to work on it. We will be able to work on it as
time allows (since snow removal operations are a priority). We will be putting in pipes to enclose
the large ditches on the road.
Leaf collection has been a bit of a dilemma this year. As was stated last report, the leaves were not
falling from the trees this year. We extended the leaf collection with the leaf vacuum and the
bagged leaf pickup. Due to two water breaks and a couple of snowstorms, we still need to pick up
leaves.
f Snow removal started this month. Ithaca has received more snow in November this year than last
year. Cornell University reported 3.15 inches of snow in November 2002, and we had 2.15 inches
of snow in November 2001.
We had two water breaks in November—one was at 420 Winthrop Drive and the other at 104 j
Winston Drive.
We also worked with Bolton Point on confined space entry into one of their meter pits.
Projects for December:
1. Water and sewer maintenance.
2. Monitor and inspect construction at the Public Works Facility.
3. Maintenance at Town Hall.
4. Snow removal.
5. Finish leaf collection.
ghk
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Town Engineer's Report for 12/9/02
Town Board Meeting
GENERAL
Records Management
Engineering staff is continuing to work with existing record maps of the Town's water and sewer
systems to develop an electronic GIS record map. Student interns are continuing to transfer data from
the paper record maps and field notes to accurately locate Town facilities on the Arc View GIS.
Approximately 75% of Town sewer mains have been mapped and mapping of approximately 50% of
Water mains has been completed to date.
Park and Open Space
The Pew Trail final design has been completed and the design documents have been submitted to
NYSDOT for review.
Public Works facility
Construction is proceeding and the Town Engineer has been providing technical support on
construction inspection and contract administration. Change orders for the infia red heating system and
overhead door fi^ame repairs for the existing south side doors have been approved.
Tompkins County Emergency Management Planning Committee
The plan is nearing completion and a draft copy will be given to committee members in the near future.
Town of Ithaca Emergency Management and Fire Protection
Town staff is in the process of updating the Town emergency response plan.
EARTH FILL PERMITS
No earth fill permits were issued in November.
WATER PROJECTS
Integrated Water System
There has been no activity on the integrated water system in November. The Commission has
indicated a willingness to sell water to the City under a contractual relationship and that the Agreement
to provide Water Emergency Aid remains in effect.
The Town Engineer and Bolton Point staff have been meeting with the Cornell University Utilities
department to evaluate opportunities for cooperation.
The Town Engineering staff has completed a site survey and test borings for a proposed SCLIWC
tank on Cornell University Hungerford Hill Road property. Preliminary design is being completed
r^
TOWN ENGINEERS REPORT 12/9/02
I \
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in conjunction with the design of a South Hill Transmission line extension to provide water to the
West Hill and Inlet Valley water service area.
West Hill Water System
The Contract for replacement of the watermain behind the Biggs complex and the Hospital has been
awarded to G. DeVincentis & Son Construction Co., Inc. of Binghamton. The Contractor has
stockpiled pipe and has done layout work.
Several alternatives for a new water storage tank are being reviewed, including several sites on the
EcoVillage property. Site surveys and test borings have been completed and preliminary design is
underway for development of an engineering report with recommendations.
Bums Road Water Main Extension
The Bums Road project has been put out for bid with bids due on December 5. A resolution
recommending an award of contract is expected for the December 9 Town Board Meeting.
SEWER PROJECTS
Intermunicipal Sewer System
The Intermunicipal sewer Committee has been continuing to work on the Draft Agreement for
expanding the partnership in the sewer system. The Intermunicipal Sewer Group includes the three
existing partners in the Joint Sewer Subcommittee of the City of Ithaca, The Town of Ithaca, and The/
Town of Dryden, plus the three potential partners, which are the Village of Lansing, The Village of
Cayuga Heights and the Town of Lansing. The Draft Environmental Impact Statement has been
revised and has been submitted to DEC for comments.
Steams and Wheler have developed the final Design of the Phosphorus removal project at the Ithaca
Area Waste Water Treatment Facility. The Contract Documents have been prepared and are under
staff review for a recommendation of approval to the various approving boards.
West Hill Sewer System
The Contract for replacement of the sewer main behind the Biggs complex and the Hospital has been
awarded to G. DeVincentis & Son Constmction Co., Inc. of Binghamton. The Contractor has
stockpiled pipe and has done layout work. Sewer installation will start at the south end of the Job
near Candlewyck Apartments in December, dependent on weather.
South Hill Sewer Service Area
The Southwoods subdivision, approved in 1989 may start constmction in 2003 and part of the
project includes extending sanitary sewer mains. The project as originally approved included two
sewage pump stations and approximately 2000 feet of force main between the project and Troy
Road. The Town Engineer is evaluating an option to serve the project with a gravity sewer along
Coddington Road. This would eliminate a pump station and provide the additional benefit of serving^^
residents along Coddington Road north of E. King Road with sewer. ^ N
Eipt02I2
Daniel R. Walker Page 2 12/4/02
TOWN ENGINEERS REPORT 12/9/02
f
DEVELOPMENT REVIEW
PRI
Site work for the PRI Museum of the Earth is continuing with construction of the drive and parking
areas, along with building construction. The Town Engineering staff has been inspecting the site
periodically to ensure compliance with the approved site plan. The contractor has installed the
required sediment and erosion control measures and is maintaining them. No site related problems
have been noted.
ECOVILLAGE
EcoVillage is nearing completion on the site work and buildings for the Second Residents' Group.
Sediment and erosion controls have been maintained adequately during construction. Final site work
and landscaping will be completed as the Buildings are finished.
COLLEGE CIRCLE
College Circle Phase 3 Site construction is proceeding with mass grading. Road sub base and
building pad development is underway. The Storm Water Management plan for the site was
approved and is being inspected for compliance by the Engineering Staff. The Town of Ithaca will
be monitoring operation and maintenance of the storm water control system, and has authority by
agreement to ensure proper function. Excess excavated material is being transported to the old
Landstrom gravel pit in Danby and a site off of Coddington road near Brooktondale.
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BAKER INSTITUTE
The Town Engineering staff has been monitoring drainage work and sediment and erosion control
systems at the Baker institute expansion project which is nearing completion.
LINDERMAN CREEK PHASE TWO
Linderman Creek Phase Two is continuing with roadway construction and final grading. The Town
Engineering staff has been inspecting the site periodically to ensure compliance with the approved
site plan. The contractor has installed the required sediment and erosion control measures and is
maintaining them with frequent inspection and reminders fi-om the Engineering Staff.
Erpt0212
Daniel R. Walker Page 3 12/4/02
Planning Director's Report for December 9, 2002 Town Board Meeting
DEVELOPMENT REVIEW
November 5. 2002 Meeting:
Estey 3-Lot Subdivision, 344, 346 and 352 West King Road: The Planning Board
granted Preliminary and Final Subdivision Approval for the proposed three-lot subdivision
located at 344, 346, and 352 West King Road, Town of Ithaca Tax Parcel No.'s 35-2-6.2
and 35-2-6.4, Residence District R-30. The proposal is to subdivide two existing lots into
three new lots, each containing an existing house and road frontage. Charles & Mary Lou
Estey, Owners; Allen Warshawsky, Agent.
Sketch Plan - Linderman Creek Subdivision, Future Phases, Conifer Drive: The
Planning Board reviewed a Sketch Plan for the proposed Linderman Creek Subdivision
located north of the existing Linderman Creek Apartments off of Conifer Drive, Town of
Ithaca Tax Parcel No.'s 27-1-13.16 and 27-1-13.12, Residence District R-15. The four-
phase proposal includes a total of 78 single-family detached houses, 24 semi-detached
townhouses, and 64 rental apartments for the elderly. Conifer Realty LLC,
Owner/Applicant, John H. Fennessey, Agent. Timing of development of these phases is
unknown at this point.
Recommendation to Town Board, Local Law Modifying the Governance Provisions
Related to the Conservation Board: The Planning Board issued an affirmative
recommendation regarding a proposed Local Law modifying the governance provisions
related to the Conservation Board and amending and restating Local Law No. 4 of the Year
1993 which re-designated the Town of Ithaca Conservation Advisory Council as the Town
of Ithaca Conservation Board. The proposed modifications include a new "Associate"
category to provide assistance to the Conservation Board and participate on committees,
clarification regarding appointment of a representative to the Tompkins County
Environmental Management Council, and other updates and clarifications regarding
bylaws, committee membership and voting, and other organizational and administrative
matters.
November 19. 2002 Meeting: (Cancelled)
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following are accomplishments or issues that have been dealt with over the past
month.
SEOR Reviews for Zoning Board: Three new SEQR reviews for the Zoning Board were
done since the November report: (1) variance to permit the maintenance of an off-premise
sign advertising a day care operation on Evergreen Lane with said sign located at 105
Duboise Road (a variance for said sign was previously granted on June 25, 1997, with a
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five-year limitation), Residence District R-30, Jody and Jeffrey Boronkay, Appellants; (2)
use variance to permit the operation of a car rental business at Judd Falls Plaza, with five j
vehicles stored on site at one time, where such use and outdoor display of vehicles is not
permitted in the Ordinance, 350 Pine Tree Road, Business District "C", John Jackson,
Appellant, Scott Hamilton, Owner; and (3) variances to allow the construction of an
accessory building on a vacant parcel not containing a primary residence and where the
accessory building will exceed the permitted height (19 +/- feet proposed, 15 feet
permitted), 307 Bostwick Road, Residence District R-30, Thomas Bell, Appellant.
Codes and Ordinances Committee: The Committee met on November 20, 2002. The
Committee completed revisions to the draft Zoning text, including new definitions for
domestic animals and household pets. The Committee also agreed to add lakeshore zones
on the waters of Cayuga Lake within the Town of Ithaca in order to meet legal
requirements for the proposed regulations regarding docks and other off-shore structures.
The next Committee meeting is scheduled for Wednesday, December 18, 2002, where the
agenda will include distribution of the newly revised draft Zoning text, status of the Zoning
revision process, and discussion regarding work plan priorities for 2003 and beyond.
Preparation of the Generic Environmental Impact Statement (OBIS) for the Zoning
revisions is continuing, with completion of a draft anticipated for January 2003. Upon
acceptance of the draft GEIS, the Town Board would be asked to set a public hearing to
solicit public comments on the GEIS.
Zoning Revisions - Presentation for Cable Broadcast: Codes & Ordinances Committee j ^
members and staff met several times to organize a presentation of the proposed Zoning
revisions for taping for a cable television broadcast. Town Board member Burbank is
coordinating efforts with the County's cable producer for a taping of the presentation on
December 3, 2002. The goal is to have the presentation run a number of times on the
government access channel.
Transportation Committee: The Committee met on November 21, 2002 with
representatives from the County Sheriffs Office to discuss the possibility of contracting
for patrolling and enforcement services beyond what would normally be provided, to
address safety and speeding issues on certain roads in the Town. The Committee discussed
with the Sheriff data that has been collected and analyzed regarding accidents and
speeding, and identified several potential problem areas that might warrant special efforts
to modify drivers' behavior regarding speeding. Based on this meeting, the Committee
will draft a proposal for further discussion with the Sheriff. The next Committee meeting
is scheduled for Thursday, December 19, 2002.
ITCTC Planning Committee: The Ithaca-Tompkins County Transportation Council met on
November 19, 2002. The main agenda item was a presentation of the NESTS Transit
Study (NTPP - see next item below). There was a brief report on the status of the next
Transportation Improvement Program (TIP) update, which has a submission deadline of
December 13, 2002. The Committee voted to recommend a TIP amendment to include the
recently funded Phase 2 of the City of Ithaca's Cayuga Waterfront Trail. The next meeting ^ ^
is scheduled for December 17, 2002, which is a joint meeting of the Policy and Planning
Committees.
Northeast Transit Planning Project fNTPP): A public meeting was held on November 18,
2002 at 6:30 p.m. at the Women's Community Building. The consultants presented the
findings and recommendations of the study. The study recommends transit service
enhancements in five phases (immediate, near term, mid term, long term, and future). The
recommendations focus on improving service on existing routes, developing new routes,
improving connections between routes, passenger facility improvements, and applications
of new technology. Key recommendations include a new transit hub at Pyramid Mall, a
new park-and-ride lot at Bethel Grove Church on Route 79 to divert some traffic fi'om the
Pine Tree Road area, express bus service from the Mall to Cornell and Downtown, and a
new free circulator bus route serving all of the Lansing malls and one serving downtown.
Many other route changes or additions are also proposed. The final report will be available
in a few weeks, and will be available at the ITCTC website fwww.tomnkins-
co.org/itctc/ntpp.htmlL The report will include cost estimates, alternative funding
suggestions, and analyses of the benefits of the enhanced transit service.
Conservation Board: The Board met on November 7, 2002. Chair Donald Weir announced
his resignation due to relocating to another area. Agenda items included recommending
Lenore Durkee as EMC representative, a report on the 2002 Conference on the
Environment, and a review of the proposed local law modifying the governance provisions
/^\ relating to the Conservation Board (the Board recommended approval of the local law).
^ The Board approved the new modified boundary of the South Hill Conservation zone that
n was discussed with the Codes and Ordinances Committee. The Board finalized
recommendations regarding a proposed Conservation zone for the Coy Glen area.
Planning staff will assist with the preparation of a summary report highlighting the
rationale for this Conservation zone and documenting the proposed boundaries of the zone.
When completed, the report will be forwarded to the Codes and Ordinances Committee for
consideration. The next meeting of the Conservation Board is scheduled for Thursday,
December 5, 2002.
Cornell Lake Source Cooling Monitoring: Benchmark Environmental prepared a revised
draft report evaluating the Lake Source Cooling data and analyses available to date. Town
staff and Benchmark met with representatives from Cornell University and the Upstate
Freshwater Institute on November 20, 2002, to discuss the draft report. Based on this
discussion. Benchmark will revise the report and plans to present the findings of the report
at the January 2003 Town Board meeting, so that the Town can send recommendations to
NYS Department of Environmental Conservation (DEC) prior to March 2003, when
decisions regarding continued monitoring of the Lake Source Cooling system will have to
be made. Cornell officials indicated that, although the next Annual Report will not be
ready until April 2003, the 2002 data will be available in mid-December, and they will
make it available to Benchmark,
Agricultural Conservation Easement: Issues regarding the proposed easement have been
^ resolved, and the Attorney for the Town is in the process of reviewing the abstract of title
and making arrangements for the closing. There will be an update for the Board at the
December 9*^^ meeting if there is any additional information to report. j ^
Meetings with Ithaca College Regarding Development Review and Building Permit
Processes: Representatives from the Town of Ithaca and Ithaca College met on October 30,
2002 to discuss development and code review procedures and coordination, since several
key personnel changes have been made recently at the College. As a follow-up, the
Director of Building and Zoning and Director of Planning met with Ithaca College's
managers of facilities and buildings and grounds to discuss specific requirements regarding
building permits, code enforcement, site plan review, and other related subjects. Updated
code sections were given to the Ithaca College representatives.
Bums Road Water Main Extension: As a follow-up to the Town Board approvals at the
November 7, 2002 meeting regarding the Bums Road Water Main Extension, the Planning
Department prepared and distributed the necessary notifications for the Negative
Declaration of Environmental Significance, completing the requirements pursuant to
SEQRA.
PEZ Meetings: The Planning, Engineering, and Zoning/Building staff continues to meet
monthly to discuss development review and inspection coordination, and other subjects,
such as database development and maintenance. The next PEZ meeting is scheduled for
December 13, 2002.
Municipal Officials Association Planning Advisorv Committee: The Tompkins County ^
Municipal Officials Association met on November 19, 2002 and confirmed the
establishment of a Planning Advisory Committee (or Coalition). Although one of its short-
term tasks will be to provide feedback to Tompkins County in the preparation of the
County's Comprehensive Plan, the Committee's overall purpose will be to provide a fomm
for discussion of inter-municipal planning issues and to promote cooperative planning
efforts between the municipalities. Two representatives will be appointed by each
municipality. The Town of Ithaca reported that it would be willing to provide technical
assistance to the Committee to get it up and running.
Southwoods Subdivision: Representatives from the Engineering and Planning Departments
have met several times with a development team interested in developing the Southwoods
Subdivision on East King Road. This 43 - lot subdivision was approved in 1989, but
construction was never initiated. The subdivision extinguishment provisions would not
apply to this subdivision until 2005 because it was approved prior to 1995. Although a
general drainage analysis was done as part of the original approval process, it appears that
a more detailed stormwater evaluation and erosion and sedimentation control plan will be
required prior to the authorization of any construction on this site. A revised plan for
provision of public sewer and water is also being prepared. Another issue to be resolved
involves ownership and maintenance of the proposed retention pond. Staff will continue to
be involved in follow-ups regarding this development.
/ ^
^ Regular Meeting of the Ithaca Town Board
Monday, December 9, 2002
Human Resources Report for November 2002
Personnel Committee: No meeting held in November.
I attended SCLIWC's Personnel Committee meeting as they were discussing the
revisions to the joint personnel manual. The committee brought up a couple
differences they would like to review prior to passing the manual. One of the
concerns was that some of the policies say for the Town only and some are for
Commission only. They felt this would be confusing and could lead to they get
we get issues. Cathy and I explained the reasoning for having one manual and
discussed ways to improve the wording for policies that only one of the agencies
have. As this progress with the Commission any changes that are recommended
will be brought back to the Town's Personnel Committee for their
recommendation.
Safetv Committee:
The committee reviewed changes recommended by PESH inspector that were
further researched by Gail Kroll. The PESH inspectors returned for a visit and
where pleased with the corrections that were made by the Highway Department.
There were no incident reports to review in November.
f
Wellness Program:
The annual Wellness Fair was held November 14 . Between the three locations
there was a total of 35 participants out of the 68 full time employees. 30 of the
employees received the flu shot given by Blue Cross Blue Shield. The total cost
of running this fair was $512, which will be split between SCLIWC and the Town.
Wellness equipment has been ordered off the State contract, which is to be
delivered in December. A treadmill, elliptical machine, hand weights and some
other small items were purchased for a value of around $8,000. When discussed
with our workers' compensation risk manager he strongly suggested purchasing
equipment that would be industrial strength versus a home use level to reduce
the potential for injury. I will be creating a form to be signed by users of the
equipment that indicates that they are to be used on the individual's own time
and removing the Town's liability for injuries that occur.
Commercial Insurance:
Quotes for 2003 commercial insurance were received and reviewed with me by
Charles Gibson, Ithaca Agency. We also reviewed the options requested for
decreases in the Town's different deductibles. The option is to increase the
deductible levels.
A claim that was made doe to a vehicle being damaged do to road construction
this summer was denied. The claimant has notified me that he will be pursuing
his claim farther with the insurance company./
Personnel - Civil Service:
Letters to all the employees were sent out detailing their 2003 salary and the cost
for the Town associated with that salary.
Open Enrollment period for insurance changes was completed in November.
Two employees from Bolton Point took advantage of the Health Insurance buyout
program and two employees not currently on the Town's health insurance
enrolled. For 2003 all of the employees will have health insurance coverage
provided by the Town. Enrollment for Dental saw some fluctuating for next year
as 5 employees un-enrolled and only one new employee enrolled. This brings
our enrollment in Dental insurance down to 28 from 32.
Submitted By:
Judith C. Drake, PHR
Human Resources Manager
/ ^
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Town of Ithaca 2003 Budget page to be completed and posted this month.
In response to many requests to make the Town's website 800x600 display setting user-friendly, the montage of paintings
on the home page has been removed and a vertical scroll bar for the left menu has been added. All pages on the site will
eventually be modified to fit this display setting.
Network
Final design plans for the new Public Works Facility local area network are complete.
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Attachment #10
TOWN OF ITHACA
215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
www.town.ithaca.ny.us
TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273-1656
PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-1704 or (607) 273-5854
ENGINEERING 273-1747
ENGINEERING MEMORANDUM
TO:Town Board
DATE: December 9, 2002
FROM: Dan Walker, Town Engineer
SUBJECT: Coddington Road Sewer Proposal and Southwoods Subdivision
Southwoods subdivision is located on the south side of E. King Road between Coddington Road and
Troy Road and was approved by the planning Board in 1989. The 42 approved lots for the
subdivision have been platted and are assessed as separate tax parcels with an assessed value from
^ $2,700 for many of the lots up to $10,000. None of the infrastructure improvements have been
completed, and based on a planning board condition, no building permits may be issued until the
^ proposed road serving the lot is completed.
The owners now would like to proceed with the project. The Tompkins County Health Department
approvals for the subdivision and water and sewer plans have expired and new application is
required. The original plans for road construction are out of date and do not meet the current
standards, and a Stormwater management plan that meets current standards must be provided. The
owner is agreeing to build the roads to current town standards and will prepare the Stormwater
management plan.
The original sewer plan for the subdivision included gravity sewers in the subdivision that drained to a
sanitary lift station and PVC force main emptying into a second lift station that pumped sewage up to
the existing Town Sewer on Troy Road. The specifications of the pump stations and the 3" diameter
PVC force main do not meet the current standards recommended by the Town Engineer.
The Town Engineer would prefer to serve the South Woods Subdivision with a gravity sewer that
would run down E. King Road to Coddington Road and serve an additional 45 Parcels that are largely
developed. Several of the residents of this portion of Coddington Road have requested sewer service
over the past few years. After a preliminary survey of the Coddington Road Route, it was determined
that the topography would not permit a totally gravity system to connect to the existing sewer, and a
single low lift pump station would be required. Providing service to all the properties on this section of
^Coddington Road would require the sewer be installed on the east side of the road with a single low
.ift pump station and short force main.
A preliminary engineering estimate of the approximately 5200' sewer along Coddington road and was ^ ^
compared to an estimate of the 2300' King Road force main with 2 lift stations on the original plan.
The attached spreadsheet details the estimates with the following summary: ^
5200' Coddington Road sewer with 1 Pump Sta. $528,839.00
2300' King Road Force main with 2 Pump Sta. $390,137.50
Difference $138,701.50
The Owner of the property has provided a Contractors estimate for the construction of the King Road
Force main and pump stations based on the original engineering drawings. This estimate is $166,000
which is significantly lower than the Town Engineers estimate meeting a higher standard. The owner
has offered to pay this amount to the Town of Ithaca if the Town completes the Coddington Road
sewer.
Based on the Engineer's estimate for the Coddington Road sewer of $528,839.00 and the
contribution of $166,000 by the Owner of Southwoods the net estimated cost to the Town to Serve
the 42 lots at Southwoods and the 45 existing lots on King Rd. and Coddington Road would be
$362,839.
l:\Projects\Coddington Sewer\ENGlNEERlNG REPORT\Southwoods and COddington Road sewer memo.doc
( \
Sciarabba Walker & Co., LIT Financial
Certified Public Accountants Advisory
Street, Suite 402, Ithaca, NY 14850 Services
(607) 272-5550 ¨ Fax (607) 273-6357 ¨ www.sciarabbawalker.com A Division of
Member of International Group of Accounting Firms (IGAF) Sciarabba Walker & Co., LLP
December 5,2002 :
f
DEC 6 2002
Mr. Daniel Walker i l i |
Town of Ithaca I... ,. Or-li hiACA ' j
215 N. Tioga Street
Ithaca, NY 14850
Dear Dan,
As per our discussions on Tuesday, December 3,2002, the owners of Southwoods Subdivision
are offering $166,000 toward the town's cost of providing sewer improvements for the area
commencing on E. King Road, where their property is located, to the current sewer termination on
Coddington Road. The amount of their offer is considered the avoided cost relating to the
improvements which would have been made by them under the original subdivision plan which calls for
the sewer to be connected up to Troy Road and requiring 2 pumps to achieve this. Our contractor, S.
Hicks Excavation has priced out the original plan requirements and attached is his estimate.
It became apparent from the meeting that several steps need to be taken for this project to begin
i.e. Town approvals of the capital project to do this improvement, county approvals including
resubmission of plans for approval, drainage issues and most worrisome, the New York State
Agriculture approval to release this and other property from the agricultural district. As we discussed,
timing for putting these lots on the market is critical and having sewer available on Coddington Road
would be a great benefit to the Town and its property owners.
We also acknowledge that the project will realize some savings from the water line original
requirements since water pressures have been resolved since the project was originally approved.
However these savings are offset by the requirement for paved roads in the development versus the oil
and stone road originally approved.
We appreciate the spirit of cooperation demonstrated by our meetings to date and you have our
assurance that we intend to make this a quality housing development.
Please feel free to call if you have any questions.
Andrew J. Sciarabba, CPA
on behalf of Southwood Partners
cc: Joe Quigley
Bill Albem
J:/cltents/9330/town of ithaca lir
HICKS SEPTIC AND EXCA VATION
J. SCOTT HICKS, OWNER
13 WATERWAGONROAD
ITHACA, NY. 14850
Phont A fax: (607)273-0867
ESTIMATE
DEC 6 2002
• f >
NAME: Andy SciarabOa
Sciarabba, Waiker A CaJULP
200 E Btafftdo St., Suite 402
Ithaca, NY 14850
DA TE: December 2,2002
FAX: (607) 273-6357
JOS DESCRIPTION: South Wood Subdivision on King RtL, Ithaca
Installation of approx. 2,300ft of 3" forced sewer main with two lift stations, with two Ftygt pumps per
station (mode! mp3I02 duplex grinder pumps with 263 impellers and 5 horse 208 volt 3 phase motors).
Pump shall have capacity of 60 gallons per mlnitle as per engineer's specs.
TOTAL COST: 5166,000
ALL PERMITS ARE THE RESPONSIBIUTY OF THE LAND OWNER
Please rtote, if earth becomes undiggable and bigger tnachinery is necessary time and materials are an
extra cost Scheduled payments of regular draws wiU be arranged between land owner and conn-actor.
( \
Estimate valid for ^days
A uthorhed signature
Acceptance ofProtrosal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
Date:
Accepted by
FED. ID # 16-1349153
INSURANCE CERTIFICATE WILL BE MAILED OR FAXED UPON CONFIRMATION OF JOB.
i \
ca 'anw-j O I _J"3C I OOO^ J ^ J rtfk
Preliminary Engineering Estimate 12/9/2002 DRW
Coddinqton Road Sanitary Sewer Improvements
1
Gravity Sewer from Southwoods Connection With low lift Pumpstation on Coddington Road
Item #Item Description Unit Quantity Unit Price Extended Total
1 Mobilization Lump Sum 1 $8,000.00 $8,000.00
2 Maintenance and Protection of Traffic Lump Sum 1 $10,000.00 $10,000.00
3 8" PVC Sewer Under Pavement Linear Foot 1310 $37.00 $48,470.00
4 8" PVC Sewer Under Vegetation Linear Foot 3827 $35.00 $133,945.00
5 Short 4" Sewer Service Lateral Connection Each 25 $250.00 $6,250.00
6 Long 4" Sewer Service Lateral Connection Each 20 $3,500.00 $70,000.00
7 Connection to Existing Manhole Each 1 $500.00 $500.00
8 4' Diameter Pre-Cast Manhole 6-10'Each 16 $1,400.00 $22,400.00
9 Manhole Frames and Covers Each 16 $500.00 $8,000.00
10 Rock Excavation Cubic Yard 100 $242.00 $24,200.00
11 Special Gravel Backfill AOBE Ton 100 $24.00 $2,400.00
12 Special Stone Backfill AOBE Ton 100 $31.50 $3,150.00
13 6" Ductile Iron Force Main Linear Foot 501 $45.00 $22,545.00
14 Pump Station Lump Sum 1 $85,000.00 $85,000.00
15 Extra for Road Crossing Lump Sum 3 $5,000.00 $15,000.00
Total $459,860.00
15% contingency $68,979.00
Total Construction $528,839.00
Plan for Two Pump Stations and force main to serve Southwoods
Item #Item Description Unit Quantity Unit Price Extended Total
1 Mobilization Lump Sum 1 $8,000.00 $8,000.00
2 Maintenance and Protection of Traffic Lump Sum 1 $7,500.00 $7,500.00
3 Pump Station Lump Sum 2 $85,000.00 $170,000.00
4 6" Ductile Iron Force Main Linear Foot 2300 $45.00 $103,500.00
5 Extra for Road Crossing Lump Sum 2 $5,000.00 $10,000.00
6 force main Cleanouts each 4 $2,000.00
$2,500.00
$8,000.00
7 Connection to existing Sewer Manhole each 1 $2,500.00
8 Rock Excavation Cubic Yard 100 $242.00 $24,200.00
9 Special Gravel Backfill AOBE Ton 100 $24.00 $2,400.00
10 Special Stone Backfill AOBE Ton 100 $31.50 $3,150.00
total $339,250.00
15% contingency $50,887.50
Total Construction $390,137.50
Net Difference $138,701.50
Attachment #11
Regular Town Board Ifeeting Deceiriber 9, 2002
Dan Walker
^ ^ ^ ^ ^ of 1
I
vf
From: Susan Hajda Brock [broGk@clarityconnect.Gom]
Sent: Tuesday, November 26,2002 3:38 PM
To: Susan Blumenthal; Bud Shattuck; Dan Cogan; Dan Walker; David Hem'ck; Frank Moore; JoAnn
Comish; Jonathan Kanter; Karen LoParco; Larry Fabbroni; Larry FreslnskI; Mary Russell; Mayor Alan
J. Cohen; Mayor Donald Hartill; Pat Vaughan; Paulette Manos; Paulette Manos; Ron Denmark;
Supervisor Cathy Valentino; Supervisor Mark Varvayanis; Supervisor Stephen Farkas; Thys VanCorf
Walter Lynn; William J. Gray
Co: Jerry Hook; Noel Desch; Michael Hall
Subject: Phase 1B survey
Intermunlclpal Sewer Committee,
I've talked with Jerry Hook and at this point he thinks it's best If the municipalities authorize just the Phase 1B
Archaeological Survey. At a later date he'll present to the group additional costs for Chazen and for his own
services. He Is still talking with Chazen about its costs, and he will rework the Steams & Wheler costs to break
them down Into time already spent and future time projections.
The Phase 1B survey costs came In lower than originally anticipated and will be billed at actual costs not to
exceed $17,179. The consultant, CITY/SCOPE Cultural Resource Consultants, would do the survey as a
subcontractor to Chazen (which Is a subcontractor to Steams & Wheler). The Phase IB would be limited to the
following areas:
• rear lot or property lines where significant prior disturbance has not been recorded;
• open field areas that have not been disturbed; and
• wooded areas.
Based on the Phase 1A investigation, none of the proposed pump station sites would require further field
Investigation as part of the Phase 1B.
This expense was not part of the earlier contract or budget with Steams & Wheler for the EIS work. The cost can
be partially, but not completely, offset by an anticipated $10,000 decrease In expenditures for the Final EIS. The
earlier S&W contract budgeted $40,000 for the FEIS, and based on the effort that went Into the DEIS, we now
think that full amount should not be needed.
It Isn't clear to me whether the group wants to wait for all the munlclpai resolutions authorizing the expenditure for
the Phase IB before authorizing the work to proceed. Please let me know what you think.
Susan
This electronic mall transmission contains legally privileged and
confidential information Intended only for the person(s) named.
Any use, distribution, copying or disclosure by any other person
Is strictly prohibited. If you received this transmission In error,
please Immediately notify the sender by telephone at (607)
277-3995 (collect) or send an electronic mall message to
brock@clarltvconnect.com.
11/27/02
A TOWN OF ITHACA
TOWN BOARD
SIGN-IN SHEET
DATE: Monday, December 09, 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINT ADDRESS/AFFILIATION
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