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HomeMy WebLinkAboutTB Minutes 2002-05-13 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, MAY 13, 2002 at 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NEW YORK AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Board of Representatives 4 . Report of Fire Commissioners 5 . 6 : 00 p . m . — Persons to be Heard 6 . Set Public HEkaring for Revisions to City of Ithaca Fire Contract 7 . Consider Waiving Fee for US Army Reserve Use of South Hill Trail 8 . Update on Town Public Works Facility 9 . Discuss Integrated Sewer System Allocation of Capacity Proposal 10 . Discuss Possible Endorsement of Tompkins County Vital Communities Principles 11 , Consider Renaming Penny Drive to Penny Lane and Pinewood Drive to Pinewood Place 12 . Consider Approval of Noise Permit Application Form 13 . Discussion of Auctions Ordinance 14 . Approval of Cayuga Lake Watershed Intermunicipal Organization Call for Cooperation 15 . Consider Resolution on ADA Compliance for Town Hall Parking Lot 16 . Announcement of Filing and Availability of Ethics Disclosure Statements 17 . Consent Agenda a . Town Board Minutes b . Town of Ithaca Warrants C . Bolton Point Warrants d . Records Disposition List e . Attendance at SHRM Conference f . 2002 Budget Modification for Franchise Fee g . 2002 ,Justice Court Assistance Program Grant Application h . Planning Department Intern 18 . Report of Town Committees a . Agricultural Land Preservation Advisory Committee b . Capital Planning Committee C , Cayuga Lake Watershed Intermunicipal Organization d . Codes and Ordinances Committee e . Personnel Committee f . Public Works Committee g . Recreation Partnership h . Safety Committee i . Sewer Joint Subcommittee j . Sewer Contract Committee k . Special District Benefit Assessment Committee 1 . Transportation Committee 19 . Report of Town Officials a . Town Clerk b . Highway Superintendent C , Director of Engineering d . Director of Planning e . Director of Building and Zoning f . Human Resource Manager g . Budget Officer h . Network/Records Specialist L Attorney for the Town of Ithaca 20 . Review of Correspondence a . 4- 16-2002 letter from Representative Luster re State Archives funding b . 4-22-02 letter from Representative Farrell re State Archives funding c . 4-22-02 letter from Senator Kuhl re State Archives funding d . 4- 19-02 fax from Hamden Town Clerk , April Scheffler, re Computerized Conservation Licensing System e . Monthly Fire Department Reports f . 4-30-02 Fax from Larry Parlett re New York State Contract with MasterCard and Visa g . 5-2-02 e -mail from Gary Stewart Complimenting Town Web Site h . 05/ 1 /02 letter from Mr. Maureen Schmitt re Lisa Lane Drainage Ditch i . 05/01 /02 memo from Tompkins County Youth Bureau re Recreation Partnership Bylaws j . 5/01 /01 Memo from Kate Hackett re Water Resources Council Water Quality Strategy k . Cornell university Facilities Services Newsletter I . Senior Citizens Council Newsletter 21 . Consider Executive Session regarding Real Property Acquisition and Status of Bostwick Road Litigation 22 , Consider Adjournment Additional Agenda Items : 1 . Approve the Concept of Leasing Space on Christopher Lane Water Tank for Installation Independent Wireless One Leased Realty Corporation Communication Equipment . May 13, 2002 Town Board Meeting Approved 611012002 REGULAR MEETING OF THE ITHACA TOWN BOARD • MONDAY, MAY 139 2002 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NEW YORK THOSE PRESENT: Supervisor Valentino , Councilwoman Russell , Councilwoman Grigorov , Councilman Klein , Councilman Burbank , Councilman Niederkorn . OTHERS PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Town Attorney; Dan Walker, Town Engineer; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Town Planner; Al Carvill , Budget Officer; Judith Drake , Human Resource Manager; Barbara Blanchard , Tompkins County Board of Representatives ; Eric Mulivihill , WHCH ; Dooley Kiefer, Tompkins County Board of Representatives ; Byron Elias , Independent Wireless One . EXCUSED : Councilman Lesser; Fred Noteboom , Highway Superintendent (excused to work on area flooding) CALL TO ORDER : the meeting was called to order at 5 : 30 p . m . and the Supervisor led the assemblage in the Pledge of Allegiance . AGENDA ITEM NO . 3 — REPORT OF TOMPKINS COUNTY BOARD OF REPRESENTATIVES Representative Barbara Blanchard ( District 1 ) appeared before the Board to give the report from the Tompkins County Board of Representatives . Understand Our Budget Book — Ms . Blanchard delivered a copy of the County's Understand Our Budget booklet . Additional copies are available from County Administration and it is on the web . Paging System— Ms . Blanchard reported that , in August , the County decided the paging portion of the communications upgrade needed to be moved along on a faster track . The paging system is the thing that the Volunteer Fire people and Emergency Medical people " live and die by" , to get them together and alert them of their duties . Existing equipment is old , it cannot be replaced , and pagers are failing . A special project team , headed by Lee Shurtleff ( Director of Emergency Services) , was formed . The team made a presentation to the County Board and Ms . Blanchard brought a summary of the presentation . They hope to have a new paging system in place by the end of next year and have everybody on board with it . They will be making special arrangement with the Fire Companies and the OAmbulance Companies for the purchase of pagers . The County will be buying them in bulk and making time payment arrangements with these people . 1 May 13, 2002 Town Board Meeting Approved 611012002 911 Center — The location of the 911 Center has been moved from the South Hill Fire Station • to an area just to the east of the Crash Fire Rescue Building at the airport . The South Hill site was too constrained and they were driven to other areas because of the cost . Planninq Forum — There will be a Planning Forum sponsored by the Tompkins County Planning Office on May 29th from 5 : 30 p . m . to 7 : 00 p . m . Invitations were distributed . Ribbon Cutting for County' s Bostwick Road Highway Facility — Ms . Blanchard invited everyone to come to the ribbon cutting ceremony for the new facility on Monday, May 20 from 12 noon until 3 : 00 p . m . County Budget - Supervisor Valentino asked Ms . Blanchard to carry back a message regarding the County's contribution to the Joint Recreation Partnership . She stated that the partnership has worked very hard with the City to do a better job of budgeting and helped them discover where they had been wasting quite a bit of money . They have been asked to hold the line on their expenses , they have raised the fees considerably , programs that were not cost effective have been cut . The partnership has already worked very hard to bring those operating costs down to bare bones while still providing the programming for children . It would be about $9 , 500 , if the County decided to cut that by 20% . Ms . Blanchard asked that Supervisor Valentino have Nancy Zahler or some one from the partnership document that and get it to Dan Winch in Health and Human Services Committee , Ms . Blanchard reported that the County Board is planning on having each of the program committees work with their various department heads within the next month or so to go over . � what kinds of approaches the staff people might see as being most viable before they submit -_ their budgets to County Administration . They have never done this before . Having this information to the appropriate committee would be very important . There are plans for about three forums where the public will be able to come and participate in some kind of a discussion , to actually have an opportunity to weigh in on some of these decisions . Agenda Item No — Report of Fire Commissioners (Attachment # 1 ) Mr. Romanowski appeared before the Board with the Fire Commission ' s monthly report . Mr. Romanowski announced that he was resigning his seat as Chair of the Fire Commission . Paul Alexander will be Chair and Greg Kirkpatrick will be Vice Chair. Mr. Romanowski will • continue as a Town representative on that commission and liaison to the Town Board . 2 May 13, 2002 Town Board Meeting Approved 611012002 Aclenda Item No . 5 -- Persons to be Heard There were none Agenda Item No . 6_-- Set Public Hearing for Revisions to the City of Ithaca Fire Contract RESOLUTION We 2002-067 - Set Public Hearing Date for Consideration of Fire Contract with the Gity of Ithaca. 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 1 ot" day of June , 2002 at 6 : 30 p . m . for the purpose of considering the execution of a revised contract with the City of Ithaca for the provision of fire protection and emergency service for a portion of the Town 's fire protection district unless the Town Supervisor determines that the proposed contract is not yet in a form ready for action by the Town Board ; and it is further RESOLVED , that at such time and place all persons interested in such contract 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 Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . AGENDA ITEM NO . 7 = Consider Waiving Fee for US Army Reserve Use of South Hill Trail (Letter from Win. J. Fearn, U. S. Army Reserves - Attachment #2y Supervisor Valentino reported that the Town had received a request from the US Army Reserve to waive the Town fee for use of the South Hill on Sunday , June 9 , 2002 to march from Burns Road to Hudson Street or Coddington Road . Councilman Niederkorn asked if they would have exclusive use of the trail during that time . Supervisor Valentino replied that they would not . 3 May 13, 2002 Town Board Meeting Approved 611012002 Councilman Burbank expressed concern for casual users suddenly encountering uniformed soldiers . Ms . Hunter replied that the Reserves had been asked and agreed to post signs regarding their use of the trail at the trail entrances . Requiring them to issue a public notice to the newspaper was discussed and decided against . RESOLUTION NO. 2002-068 - Waiver of US ArmV Reserve Parks & Trail Application Fee and Security Deposit. WHEREAS , the US Army Reserve has applied for and been granted use of the South Hill Recreation Way on Sunday, June 9 , 2002 between 10 : 00 a . m . and 2 : 00 p . m . , and WHEREAS , the US Army Reserve is a governmental entity that provides protection to the public , and WHEREAS , their use of the trail on June 9th is part of a training exercise , now, therefore , be it RESOLVED , that the governing Town Board hereby waives the $ 25 . 00 use fee and the $75 . 00 security deposit . MOVED : Councilwoman Grigorov SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously. Agenda Item No 8 — Update on Public Works Facility Dan Walker reported that no petition requesting submission at a special election had been filed in response to Board approval of a resolution authorizing the renovation and expansion of the town public works facility , authorizing the expenditures of capital reserve funds for such purpose , authorizing the issuance and sale of serial bonds of up to $800 , 000 , and authorizing the expenditure of surplus funds for the balance of the costs of such project The final contract documents are under preparation . Due to design scheduling delays they were not ready for this meeting . Mr. Walker anticipates the final construction documents in hand in the next two weeks . He will bring those to the June 10th Town Board Meeting for approval of construction documents and authorization to put the project out to bid . He reported he understood Fred Noteboom had met with the architects in the afternoon and the 4 May 13, 2002 Town Board Meeting Approved 611012002 engineering and architectural estimates the Town has had to-date are still valid , about 1 . 7 million dollar construction costs . The Board will have the full set of drawings , the specifications , and the contract documents for authorization at the June meeting . Agenda Item No . 9 — Discuss the Sewer System Allocation of Capacity Proposal (Attachment #3 — Appendix B to the Intermunicipal Sewer Agreement, Average Daily Flow Information, Permitted Capacity Ownership Versus Current Capacity Usage) Supervisor Valentino reported on the ongoing negotiations for the integrated sewer system that would be expanded from the City of Ithaca , Town of Ithaca , Town of Dryden to also include Village of Cayuga Heights , Village of Lansing , and the Town of Lansing . Cayuga Heights currently owns its own sewer plant . They are willing to donate that plant to the system . Trying to figure out how to achieve that transfer and have all the parties that have been involved treated in an equitable way has been a little difficult . The Town of Ithaca , the Town of Lansing , they Village of Lansing , and to a very small degree the Town of Dryden all send sewage to the Cayuga Heights plant and pay " rate and a half" . The Village of Cayuga Heights has said they are willing to give the group their sewage treatment plant and give those that have been paying rate and a half credit for that rate and a half . This was a big move on the part of the Village of Cayuga Heights . Originally they were not sure they wanted to come into this at all . This is a major leap . Part of which has been figuring out how much excess capacity the various plants have . Dan Walker reviewed the attached Intermunicipal Sewer Agreement Appendix B Allocation of Capacity, supporting Average Daily Flow information , and the Proposed Permitted Capacity Ownership with the Board . Average daily flow measurements are based upon water use rather than sewer use because of the non -perfect-fluid nature of sewage . We have a longer history and more constant record of water meter readings and they are more consistently accurate . We are making efforts to see if we can improve the efficiency of the sewers' flow meters because that tells the true picture of what is going through the system . Following review of the attachments , Mr. Walker gave his recommendation that the Town give up 300 , 000 gallons per day of excess capacity by accepting this as additional volume of inflow and infiltration in the Cayuga Heights plant . This is as a bargaining chip with Cayuga Heights to encourage them to join in the partnership and in a general spirit of cooperation to bring the partnership together. In response to questions from Mr. Carvill and Councilwoman Russell , Mr. Walker stated that this arrangement would have no adverse fiscal impacts . 5 May 13, 2002 Town Board Meeting Approved 611012002 The Board authorized Supervisor Valentino to continue in this direction with assurance from Mr. Walker that the Town would retain sufficient capacity to meet Town needs for the next 20 years . AGENDA ITEM NO . 10 - Discuss Possible Endorsement Of Tompkins County Vital Communities Principles (Attachment #4 — Memo from J. Kanter and copy of Draft Principles)) Supervisor Valentino told the Board that the attorney for the City of Ithaca had recommended the addition of a disclaimer to the proposed resolution of support to protect against giving up some of their home- rule , land- use authority. She recommended the Town consider such a disclaimer. Attorney Barney concurred and proposed the following : " Resolved that by expressing support for the referenced principles , the Town does not in any manner suggest that the Town is surrendering or abandoning to the County or any other entity the right the Town has to adopt its own land use regulations . " Mr. Kanter and the other Board members did not agree and discussion followed . Attorney Barney expressed concern that within the principles there is room for many judgment calls . He recommended the Town make it known that by approving the principles the Town is not turning over those judgment calls to another governmental entity . Mr. Kanter did not share those concerns stating "that kind of all goes through State enabling legislation where the County can 't come in and take our authority from us" , and "if you want to get into it for political reasons that's the Board 's prerogative , but for legal reasons , I disagree with you " . In response to the suggested disclaimer, Councilman Niederkorn state "that is giving with one hand and taking back with the other. We either want to endorse these things in principle or not , and I don 't see any reason why we should say, well we agree with you but . " Councilwoman Russell asked what impact this will have on the Town ; will it only affect the County GML reviews ; and how it could impact our land use? Attorney Barney stated that the GML reviews are not inconsequential , we 've had a couple come back from the County recently that we 've had real concerns about , and when you have an adverse GML review it requires boards to act with a super-majority . Attorney Barney stated that he did not have a problem with the principles , they are policy not legal issues , but thought the Town might want to have a caveat that by doing this they are not opening the door for somebody to exercise a judgment that is contrary. Councilman Klein stated that " if the Planning Board got an adverse GML review right now, that review could be construed to be totally arbitrary because what are they basing it on . At lease we' re saying get yourself a set of principles . At least when you do those GML reviews you can look at something and say this is why it fits or doesn 't fit . " 6 May 13, 2002 Town Board Meeting Approved 611012002 Supervisor Valentino then recommended the following resolved : " Resolved that the Town of Ithaca hereby support , in principle , the proposed adoption " . Councilman Burbank moved adoption of the proposed resolution with no changes or additions . Councilman Niederkorn seconded that motion . RESOLUTION NO. 2002-069 - SUPPORT OF VITAL COMMUNITIES INITIATIVE DEVELOPMENT AND PRESERVATION PRINCIPLES WHEREAS , the Tompkins County Planning Department is seeking to promote a common vision for future land use and development in Tompkins County as part of their Vital Communities Initiative ; and WHEREAS , a series of Development and Preservation Principles ( Last Revised March 149 2002) have been generated through the Vital Communities Initiative after a comprehensive outreach effort to municipalities and civic and community organizations ; and WHEREAS , the Tompkins County Planning Department presented a draft of the Vital Communities Initiative Development and Preservation Principles at the November 8 , 2001 Town Board Meeting ; and WHEREAS , the Tompkins County Board of Representatives proposes to adopt these principles in order to : • continue a community dialog on the future growth of the County ; and • evaluate the land use impacts of County programs and decisions ; and • guide the preparation of a County Comprehensive Plan ; and WHEREAS , the Vital Communities Initiative Development and Preservation Principles are complementary of and consistent with the goals and objectives of the Town of Ithaca Comprehensive Plan (adopted September 21 , 1993) . RESOLVED , that the Town of Ithaca Town Board hereby supports the proposed adoption of the Vital Communities Initiative Development and Preservation Principles ( Last Revised March 14 , 2002) by the Tompkins County Board of Representatives . MOVED : Councilman Burbank ® SECONDED : Councilman Niederkorn 7 May 13, 2002 Town Board Meeting Approved 611012002 VOTE : Supervisor Valentino , nay; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The • motion was carried . Supervisor Valentino explained her vote stating , " Not on the principles , let me just say that . That on the legal responsibilities that I feel the Town has that we just passed over today. Agenda Item No 11 = Consider Renaming Pennv Drive to Pennv Lane and Pinewood Drive to Pinewood Place Penny Drive to Penny Lane Dan Walker explained to the Board that the project involving this road was adopted in two phases and the Board adopted two different names for the road : Penny Lane at one end , Penny Drive at the other. The far west portion of the road is called Penny Drive . , the portion coming off Abby Lane is called Penny Lane . The better recognized name is Penny Lane . Mr. Noteboom talked to residents and Penny Lane is what most of the deeds say. Pinewood Drive and Pinewood Place Dan Walker explained that this road , located in the northeast , was also adopted in two phases . The first block was named Pinewood Place , and the northern most part was named Pinewood Drive at the second acceptance of the Road . There 's a Pinewood Place at one end and a Pinewood Drive sign at the other end . Mr. Walker recommended naming the entire road Pinewood Place stating that all the people on the road have been using Pinewood Place . RESOLUTION NO 2002-070- Renaming Pinewood Drive to Pinewood Place. WHEREAS , 580 feet of Pinewood Drive was accepted as a Town highway in May 1972 ; and WHEREAS , an additional 520 feet of highway extending from Pinewood Drive was accepted as a Town highway in June 1976 as Pinewood Place ; and WHEREAS , currently all the addresses on both roads use Pinewood Place as the road name ; and WHEREAS , it would be desirable to avoid confusion by conforming the street name to the name used by the residents ; NOW, THEREFORE , BE IT RESOLVED , that on the recommendation of the Highway Superintendent , the Town Board of the Town of Ithaca does hereby rename the 580 feet of Pinewood Drive to Pinewood Place ; and be it further 8 May 13, 2002 Town Board Meeting Approved 611012002 RESOLVED , that pursuant to Section 64 (9 ) of the Town Law the Town Clerk shall , • within 10 days after the effective date of this resolution , notify the Tompkins County Division of Assessment , the Planning Board of the Town , the Tompkins County Clerk , the Tompkins County Engineer, and the Post Office Department of the United States of such re- designation ; and it is further RESOLVED, that the Town Highway Superintendent be directed to promptly arrange for a change in signage so that said segment of road is properly designated as Pinewood Place rather than Pinewood Drive on the effective date ; and it is further RESOLVED , that the Town Supervisor and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the change of name set forth above . MOVED : Supervisor 'Valentino SECONDED : Councilman Klein VOTE : . Supervisor 'Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . Councilman Niederkorn asked if the residents were aware of the pending name change and if anyone objected . Mr. Walker stated that the residents were aware and were in favor of the proposed name changes . RESOLUTION NO. 2002-071 "Renaming PennV Drive to PennV Lane. WHEREAS , a portion of Penny Lane was accepted in 1984 running from Abbey Road (which is now Lois Lane) to its eastern terminus ; and WHEREAS , 400 feet of Penny Drive was accepted in 1988 from the cul-de-sac to its present terminus ; and WHEREAS , Penny Lane from Lois Lane to the former cul-de-sac has been maintained by the Town for more than 10 years ; and NOW, THEREF=ORE , it is hereby RESOLVED , that on the recommendation of the Highway Superintendent , the Town Board of the Town of Ithaca does hereby approve the renaming of the 400 feet of Penny Drive to Penny Lane ; and it is further 9 May 13, 2002 Town Board Meeting Approved 611012002 RESOLVED , that the section of road between Lois Lane and cul-de-sac be approved • as a Town road with the road right-of-way being deemed the Town 's by use ; and it is further RESOLVED , that pursuant to Section 64 (9) of the Town Law the Town Clerk shall , within 10 days after the effective date of this resolution , notify the Tompkins County Division of Assessment , the Planning Board of the Town , the Tompkins County Clerk, the Tompkins County Engineer, and the Post Office Department of the United States of such re-designation of Penny Drive to Penny Lane ; and it is further RESOLVED , that the Town Highway Superintendent be directed to promptly arrange for a change in signage so that said segment of road is properly designated as Penny Lane rather than Penny Drive on the effective date ; and it is further RESOLVED , that the Town Supervisor and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the change of name set forth above . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . Agenda Item No 12 - Consider Approval of Noise Permit Application Form Supervisor Valentino presented to the Board a proposed Noise Ordinance Application Form , The Board made the following changes and additions : 1 . Place the form on Town letterhead to provide the Town address and phone number 2 . Include a space for the applicant's phone number(s) 3 . Add a certification line at the end of the application 4 . Add date property owner was notified and date property owner gave their approval The Board discussed notification of neighbors . The existing noise ordinance does not require notification of a specified surrounding area . The existing law requires only a public hearing . Attorney Barney stated he thought this was something the Board might want to leave a bit flexible due the varying density of possible locations throughout the town ; it is something that 10 May 13, 2002 Town Board Meeting Approved 611012002 can be raised at the hearing . It is more of a discovery question , who have you notified , more than you must notify somebody about this . • RESOLUTION NO . 2002-072 Approval of Town of Ithaca Noise Permit Application WHEREAS , the Town of Ithaca has a Noise Ordinance adopted August 7 , 1989 that contains a permitting procedure requiring an application to be filed with the Town Clerk, and WHEREAS, the Town Clerk's Office has created a Noise Permit Application to facilitate the permitting process , now , therefore , be it RESOLVED, that the Town of Ithaca Town Board hereby approves the Town of Ithaca Noise Permit Application form for use by permit applicants . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . Supervisor Valentino asked Mr. Bill Hilker if he was present regarding an agenda item . Mr. Hilker stated he was there about the request for Town water to Burns Hill . He told the Board he had heard there were concerns about his future use of the property with regards to water and he had come to talk about it . He wanted "to let the Town Board know he had no intention of subdividing" . Supervisor Valentino replied that it was not on the agenda for the meeting . She has requested that it be put on the agenda for the Public Works Committee and then back to the Capital Projects Committee . Additional Agenda Item No. 1 — Approve the Concept of Leasing Space on Christopher Lane Water Tank for Installation of the Independent Wireless One Leased Realty Corporation Communication Equipment (Attachment #5 — Letter and Proposed Lease Agreement)) Mr. Byron Elias , Wireless One , appeared before the Board . In response to questions from Councilman Burbank , Supervisor Valentino stated that there were similar existing agreements in the Town . • 11 May 13, 2002 Town Board Meeting Approved 611012002 Councilman Klein commented that , unlike the Sapsucker Woods location , this is in a neighborhood where the Town has been trying to fix up that site , re- landscape it , get it • cleaned up , no longer use it for a constant storage yard . Councilman Klein asked if the Town Board passes the resolution and the Planning Board and / or Zoning Board turn down the project , does the Town have to enter into a lease? Mr. Elias told the Board that even if the Town signed the lease , it is always subject to ZBA and Planning Board approval . In response to Supervisor Valentino ' s questions regarding traffice , Mr. Elias stated that , after completion of construction , vehicles ( pick up truck or van with a box on the back of it) would be taken on -site about once a month . Mr. Elias showed the Board a picture of the needed structure : a 9 'x12 ' concrete pad with metal boxes , like a refrigerator, on it . They will put a screen around it , anything we want . Wires will be either underground or above-ground to the tank and up the side of the tank to the antennae themselves . RESOLUTION NO 2002- 073 — Approve the Concept of Leasing Space on Christopher Lane Water Tank for Installation of Independent Wireless One Leased Realty Corporation Communication Equipment RESOLVED , that the Ithaca Town Board approves the concept of leasing space on the Christopher Lane water tank to Independent Wireless One Leased Realty Corporation to install wireless communications equipment . Such installation to be pursuant to a lease containing such terms as the Town Supervisor, with the assistance of the Attorney for the Town , may negotiate for submission to this board for final approve . Such lease to be subject to Independent Wireless One Leased Realty Corporation obtaining all requisite approval including approval of the Town Zoning Board of Appeals and Town Planning Board ; and it is further RESOLVED , that the Town Supervisor be authorized to negotiate a lease agreement with Nextel for final presentation to the Board for final approval . MOVED : Councilwoman Grigorov SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , abstain ; Councilman Niederkorn , aye . The motion was carried . 12 May 13, 2002 Town Board Meeting Approved 611012002 Mr. Barney and Supervisor Valentino told Mr. Elias that the company's attorney could contact • them to begins discussing the lease agreement . Agenda Item No. 13 - Discussion of Auctions Ordinance Ms . Hunter reported that during the codification process an Auctions Ordinance came to light that no one was aware of and no one is enforcing . Mr. Burbank and Mr. Niederkorn questioned the thinking behind the ordinance and remarked upon the hefty fee . Ms . Hunter asked the Board how they wanted to proceed : did the Town want to enforce the ordinance , or did they want to repeal it? RESOLUTION NO. 2002=074 = Set Public Hearing Date to Consider and Ordinance Repealinq the Ordinance Regulating Auction Sales BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York on the 10th day of June , 2002 for the purpose of considering an ordinance repealing the Ordinance Regulating Auction Sales enacted April 7 , 1955 ; and it is further RESOLVED , that at such time and place all persons interested in such contract 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 : Councilwoman Russell SECONDED : Councilman Klein VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . Agenda Item No . 14 on Approval of CaVuga Lake Watershed IntermunicipaI Organization Call for Cooperation (Attachment #6 — Letter from 10 and copy of agreement) 13 May 13, 2002 Town Board Meeting Approved 611012002 Mr. Carvill stated that the Town had budgeted $900 . 00 for this . Councilman Niederkorn asked if any of the municipalities with small budgets had complained about the flat $900 . 00 fee . Councilman Burbank expressed concern that the fee structure might not encourage participation . Councilwoman Grigorov, Town representative to that organization , stated that she thought some of the smaller communities had complained , but they had paid the $900 . 00 . She stated that some members were afraid that if a community gave more they would expect to have more influence , but the 10 was aware of the issue and may change the fee structure . The Board noted that a copy of the bylaws , Addendum B , was not included in the materials sent by the Organization . John Barney recommended , and the Board discussed , striking Paragraph Eight because of the missing bylaws . As part of last year's review of the bylaws , the Board had recommended the following change : the bylaws contained provisions for a certain percentage of the members of the 10 that were needed to change the bylaws ; per Attorney Barney, is not the Intermunicipal Organization that can change the bylaws , it is the municipalities that make up the 10 . RESOLUTION NO. 2002=075 — Authorization to Execute Cavuqa Lake Watershed Intermunicipal Organization Intermunicipal Agreement Regarding the Cayuga Lake Watershed Restoration and Protection Plan WHEREAS , the Town of Ithaca has participated in the Cayuga Lake Watershed Intermunicipal Organization and the Town ' s representative has been an active participant in the development of the restoration and protection plan , and ; WHEREAS , Carolyn Grigorov , the Town 's representative to the organization , has recommended the Town Board execute the agreement continuing the Town 's participation in the Cayuga Lake Intermunicipal Organization and pay the annual membership fee of $900 . 00 ; now, therefore , be it RESOLVED , that the Town Board of the Town of Ithaca authorize the Supervisor to sign the Cayuga Lake Intermunicipal Organization Agreement presented to this meeting , modified by deleting paragraph "eighth " referring to the modification of the by- laws ; and it is further RESOLVED , that the Town of Ithaca pay the membership fee of $900 . 00 to the Cayuga Lake Watershed Intermunicipal Organization . MOVED : Councilwoman Russell SECONDED : Councilman Klein 14 May 13, 2002 Town Board Meeting Approved 611012002 VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; • Councilman Klein , aye ; Councilman Burbank , abstain ; Councilman Niederkom , aye . The motion was carried . Agenda Item No. 1 = Consider Resolution on ADA Compliance for Town Hall Parking Lot Supervisor Valentino reported that she had been called to mediate with a Mr. John Reynolds who said the Town Hall parking lot was not in compliance with handicapped parking regulations . She had the mediation . The Town is not in compliance : we had six feet and it should be eight . Mr. Reynolds questioned whether 8 ' would be enough in light of the curb being there . The Town agreed to do a test to make sure the 8' would accommodate a van and a wheel chair. They did the test with a Gadabout van , which is wider than a private van . Everyone present at the test agreed that the eight-foot would work . Under the agreement we were to provide a videotape of the test . It was taken , but Supervisor Valentino was uncertain if it came out . Digital pictures were also taken . They came out well and will be supplied to Mr. Reynolds along with the videotape . Striping will be done and the arrow on the sign will be painted over to comply with the law . A sign for the wall needs to be done by May 31St One of the other requests Mr. Reynolds made during mediation was for the Town Board to pass a resolution requesting that the City replace the two handicapped parking spaces they took away outside of Town Hall during renovation of the building : one on Tioga Street , one on Buffalo Street . The handicapped space in the Town parking lot is for employees . There is no public handicapped parking on the street . Dan Walker reported the Town is proposing one in, front of the Post Office and one on Buffalo Street close to our entrance ramp . In response to another request made by Mr. Reynolds , Mr. Walker assured Supervisor Valentino that handicapped parking at the new Public Works Facility would be in compliance . Another, more troublesome , part of the mediation was that Mr. Reynolds wanted the Town to pass a resolution urging the City of Ithaca to bring their facilities into compliance . Board consensus was that this was an inappropriate request for the Town to make (not the Town 's jurisdiction ) and authorized Supervisor Valentino to advise the mediator. Mr. Reynolds also requested a press release from the Town in support of ADA containing a statement that people should be diligent in observing handicapped parking regulations . • Councilman Niederkorn recommended changing the wording in the proposed resolution : from " it appears that the City of Ithaca may have removed two handicapped" to "it appears 15 May 13, 2002 Town Board Meeting Approved 611012002 that two handicapped parking spaces may have inadvertently been removed" . He objected to • the accusatory tone . Mr. Barney redrafted the resolution . RESOLUTION NO. 2002-076 - Requesting the City of Ithaca to Restore Two On-Street Handicapped Parking Spaces in the Vicinity of the Ithaca Town Hall. WHEREAS , two handicapped parking spaces were removed from in front of the United States Post Office at about the time it was being converted to the Town Hall ; and WHEREAS , there continues to be a need for handicapped parking spaces to serve not only the Post Office but also the new Town Hall ; NOW, THERFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby requests the City of Ithaca to designate two additional handicapped parking spaces on North Tioga Street or on East Buffalo Street within a block of the Town Hall at 215 North Tioga Street ; and it is further RESOLVED , that the Town Supervisor and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the intent of the foregoing resolution , including submitting a copy of same to the Mayor of the City of Ithaca . MOVED : Councilman Niederkorn SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . Agenda Item No 16 - Announcement of Filing and Availability of Ethics Disclosure Statements Supervisor Valentino announced that , in compliance with the Town 's Ethics Law, the Ethics Disclosure Statements had been received and were on file in the Town Clerk's Office and available for public review. A public notice stating this will be published in the newspaper. The Board discussed the need to review the Ethics Law and Councilwoman Russell reported that she had obtained copies of model laws from the Association of Towns . 16 May 13, 2002 Town Board Meeting Approved 611012002 OTHER BUSINESS Municipal Officers Meeting - Supervisor Valentino reported that the next meeting is scheduled for May 2 .1 . Tompkins County Public Library - Cornell and the library are putting together a community read of the book Frankenstein . The Board authorized Supervisor Valentino to offer general Town support for a community read and possible use of Town Hall for community discussion . Request for 4-way Stop on Honness and Pine Tree - Supervisor Valentino reported the Town request for a 4--way stop was denied . Cayuga Heights Fire Department - Supervisor Valentino receives the department' s monthly report and it will be included in the Town Board correspondence folder. Supervisor Valentino reported that during negotiations for the fire contract , Cayuga Heights had voiced a reluctance to have the City of Ithaca be the first that they would call for mutual aid . This has to do with volunteer versus paid fire department stuff . A clause is in the contract that Cayuga Heights can use their judgment ; if they don 't call the City of Ithaca they have to provided written support for their choice . Cayuga Heights Fire Department did call the City of Ithaca as part of a recent garage fire in the Town and the mutual aid went extremely smooth . Everybody got along very well . New Building Codes - Mr. Frost reported that he had been at the Fire Academy for three days of training . The new code will be phased in beginning in July and be totally in effect by January of 2003 . Mr. Frost stated that , as far as he was aware , there would not be any impact on our local sprinkler ordinance . Councilman Klein asked that Mr. Frost confirm this . Agenda Item No. 117 ,- Consent Agenda RESOLUTION NO . 2002-077 - Consent Agenda Items , BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items . MOVED : Councilwoman Grigorov SECONDED : Councilwoman Russell 17 May 13, 2002 Town Board Meeting Approved 611012002 VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The • motion was carried unanimously. RESOLUTION NO . 2002-077a — Town Board Minutes of April 8 , 2002 WHEREAS , the Town Clerk has presented the minutes for the Town Board Meeting held on April 8 , 2002 to the governing Town Board for their review and approval of filing ; NOW , THEREFORE , BE IT RESOLVED , the governing Town Board does hereby approve for filing the minutes for the meeting held April 8 , 2002 as presented at the May 13 , 2002 board meeting . MOVED : Councilwoman Grigorov SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . The motion was carried unanimously . RESOLUTION NO . 2002-077b - Town of Ithaca Warrants. 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 . 4973 through 5096 General Fund Townwide $ 108 , 275 . 45 General Fund Part Town 16 , 005 . 82 Highway Fund Part Town 71 , 076 . 26 Water Fund 36 , 245 . 51 Sewer Fund 9 , 353 . 04 West Hill Water Improvement 21897 . 77 Fire Protection Fund 516 , 128 . 08 Risk Retention 213 . 00 Forest Home Lighting District 167 . 66 Glenside Lighting District 60 . 10 Renwick Heights Lighting District 84 . 16 18 May 13, 2002 Town Board Meeting Approved 611012002 Eastwood Commons Lighting District 175 . 67 Clover Lane Lighting District 20 . 18 • Winner's Circle Lighting District 60 . 10 Burleigh Drive Lighting District 61 . 80 West Haven Road Lighting District 231 . 08 Coddington Road Lighting District 136 . 49 TOTAL $ 7607961 . 09 MOVED : Councilwoman Grigorov SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . RESOLUTION NO . 2002-077d - Records Management Disposition Listing (Attachment #7 WHEREAS , THE Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the State Archives and Records Administration ( SARA) Records Retention and Disposition Schedule MU - 1 ; and WHEREAS , the Town Supervisor, Records Management Officer (Town Clerk) , and Department Heads have reviewed and approved the disposition of the said records ; now, therefore , be it RESOLVED , the governing Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA . MOVED : Councilwoman Grigorov SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The ® motion was carried unanimously. 19 May 13, 2002 Town Board Meeting Approved 611012002 Agenda Item No . 18 — Report of Town Committees Codes and Ordinances — There is a public meeting on the proposed zoning ordinance Thursday night at 7 : 00 p . m . Public Works — Discussed the water and sewer lines on West Hill and around the hospital and reviewed the Public Works Facility . Agenda Item No. 19 — Report of Town Officials (Attachment #8) Director of Human Resources — Judy Drake will be setting up a meeting with other Town Supervisors to discuss a health insurance consortium . Budget Officer — Mr. Carvill expressed his concerns regarding New York State Department of Environmental Conservation ' s automated hunting / fishing licensing program and the requirement of this program that the Town provide New York State with electronic access to Town of Ithaca bank accounts . The Board authorized Mr. Carvill and Ms . Hunter to further explore withdrawing from the program . Mr. Carvill told the Board he would be investigating information he had received from another Township regarding New York State Court Administration in companionship with counties are pushing for the elimination of Town Courts . Supervisor Valentino reported that Town mortgage tax revenue came in well ahead of the Town 's projections . The sales tax money was also very healthy this quarter. The Town has received the preliminary tax roles from the County and the Town has gained 33 million dollars in assessed value . RESOLUTION N0v 2002-078 - Clarification of Resolution No. 2002-051 Approval of Recreation Partnership By-Laws. WHEREAS , the phrase " By- Laws " was omitted in the body of Resolution No . 2002-051 approved March 11 , 2002 due to a clerical error; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Town Board approves the Recreation Partnership By- Laws in the form submitted and explained by the Town Supervisor at the March 11 , 2002 Meeting . MOVED : Councilwoman Russell 20 May 13, 2002 Town Board Meeting Approved 611012002 SECONDED : Supervisor Valentino • VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . The motion was carried unanimously . Agenda Item No. 20 — Consider Executive Session regarding Real Property Acquisition and Status of Bostwick Road Litigation (Attachment #9 — copy of letter from Peter N. Littman on behalf o;f the Montessori School) On motion by Councilwoman Grigorov , seconded by Councilman Niederkorn , the Board entered into Executive Session at 9 : 10 p . m . for discussion of real property acquisition and the status of Bostwick Road litigation . VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Motion carried . On motion by Councilman Klein , seconded by Councilman Burbank, the Board returned to regular session at 9 : 57 p . m . VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman . Burbank, aye ; Councilman Niederkorn , aye . Motion carried . RESOLUTION NO. 2002-079- Baldwin-Colle Land Acquisition. RESOLVED , that if the Town acquires the Pew Trail from Mr. and Mrs . Baldwin and Mr. and Mrs . Colle , and at the same time also receives a conveyance of the non -trail portion of the Baldwin -Colle premises to the Town , the Town will increase the purchase price of the non -trail parcel by an amount equal to the real estate taxes on all of the property payable by the seller during the year 2002 . MOVED : SECONDED : VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion was carried unanimously . ADJOURNMENT On motion by Councilwoman Russell , seconded by Councilwoman Grigorov , the meeting was adjourned at 9 : 59 p . m . 21 May 13, 2002 Town Board Meeting Approved 611012002 Respectfully submitted , Tee-Ann Hunter ' Town Clerk Next Regular Board Meeting scheduled for Monday, June 10 , 2002 at 5 : 30 p . m . 22 TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Monday , May 13 , 2002 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION Aoki u rW, (0C.0 ATTACHMENT # 1 X0/ / /7 �,E � ;�. T,s Gi � � 7ZO s tsC ;ei4 �; �� �,Q lic t ' c^Joc 'rv€ C-frl, cif145F la-1446x, //t/'ilJ,�j� Tf-fl• c �H T.s ti✓'�'�_' iZ' � i���� .�:'Sc '�/l iT .LA-S / r�i1�. ' .CSST d r� /;��"a/Ec'!3� � �C �i %J/ �S �i<1B� %5 ,�ii•r-L /G'G < /�i:%�iGf�:�'u� � jc•s ;;�kZ'�'- �- i: 7� ivy~ ii��4 D� /`1L"cr. �3 �-0irY�tr ti�5J.S rd.�dLLG"- C--'2,�('yi Qr.C�9 f-�i�- if7V9C-° '•.�.sE� ln6±rte-, / ��4" .� /�� ' �.CJ�I// G'J // � � �.✓ _ - �I�Kr�f/ � .Y/�P�IG./�4�(.s• . _ iIV��'�1 � �/L 1.•, �%I /� /`ry .G �S J, t`/ C /-iG �l s�+cisv? TiE'S, ), 7;X46 clA s' 7G x�� r�i�°,�rJ ' .�c�sst r tyrL iLli ie. 7'4f/S / /l,!i"c'.C�'.=� %�`fE':� C�/� ff<?:,� ,�C�I,C'S' .'�.Z%� �'S�C�t.�� /�r�i T%�S Ez>l iK .�6�%1.u� •� ;D:S%1:s'l`f ' '� A4r �t �c� '`•ter` 40-et>4;4 'J eL C d �'i 1/_!_<�/1ZA� [� t ?.� i�1�!%�'�%.ii�L.•s_/ �'. r /"/., � �i,�Ch' .,Si�{i�i N.�1-3� c�� L,r.� L_t:.. .��c � r �'�J �``i i��'i; D�j! ���fi�i1ti3 Cam /��iG� �i,�i ,t�.�3 %� t.! /CK ? C'L^r. %•�gE . � ��1�� a�+� 'si-�!� [��/'G %/i,%• `iliLL%<<C! � �' S�k• iS %��is CcJ�% 'SC° /� % ti• , CH44 : . �F 77�Z dor Air, Ct?Lr - edF�.T 45 //A/'_. cF'F %//e C�c�;vr� �i"et'rF.Y-/ i .�'l/� =t L ��/ rS IZ �' ' t�• scc-�S �E ;� /ti% . ti i'ar:S' i'� ioe ATTACHMENT # 2 MEMO DATE : May 7 , 2002 TO : Town Board FROM : Tee- Ann Hunter RE : U . S . ARMY RESERVE USE OF PARKS AND TRAILS The U . S . Army Reserve has asked for and been granted permission to use a portion of the South Hill Trail ( Burns Road to Hudson Street) on June 9 , 2002 from 10 : 00 a . m . to 2 : 00 p . m . Four groups of approximately 20 un -armed , uniformed Reserves will be marching . Pursuant to our local law, they will be charged a $25 . 00 fee with a $50 . 00 security deposit . Sergeant Bill Fearn of the Reserves has requested that the fees be waived ( letter attached) . While our Town Hall Use policy allows governmental entities to use the Town Hall free of charge , no such provision exists in our Parks and Trail Use Law. Under our existing law such a variance needs Town Board approval . Tee-Ann ATTACHMENT # 2 DEPARTMENT OF THE ARMY UNITED STATES ARMY RESERVE HEADQUARTERS , 2ND BATTALION , 389TH REGIMENT, 98TH DIVISION ( IT) 101 SUNRISE ROAD ITHACA , NEW YORK 14850 06 MAY 2002 SUBJECT: REQUEST FOR FEE WAIVER FOR PERMIT APPLICATION 1 . It is our understanding that our PERMIT APPLICATION for June 09 , 2002 has been approved . The approval is for use of the Walking Trail paralleling Coddington Road from Burns Road to trail head on Hudson Street or Coddington Road . 2 . We seek a fee waiver and security deposit for this use . As a U . S . Government entity , we do not have discretionary funds available . 3 . We anticipate four increments of twelve to fifteen personnel per increment at approximately thirty minute intervals . Therefore , there should be, no more than thirty personnel on the trail at any given time . We will be attired in our BDU ' s with Kevlars Helmets and Ruck Sacks . 4 . This is part of a conditioning exercise for our unit . We are a Drill Sergeant Unit, training new recruits at Basic Training . Part of this training includes marches of various lengths . This exercise of June 9th helps ensure our unit's mission will be successful . 5 . POC is William Fearn (sjwjfearn @juno . com) or Robin Eric (607) 2. 72-3515 . WILLIAM J . FEAR SFC , OPERATION T INING U . S . ARMY RESERVE gWI A ...` DRAFT APPENDIX B TO JOINT SEWER AGREEMENT DRAFT ATTACHMENT # 3 lntermunicipal Sewer Agreement Appendix B Allocation of Capacity Section 5 of the Joint sewer agreement specifies that capacity allocation is to be based on Master Sewer Flow meters and, if necessary, information from other appropriate system monitoring. A five year average peak flow will be used for capacity monitoring and will be reviewed annually as part of the budgeting process. To determine initial capacity allocation Capacity at IAWWTP has been allocated based on capital investment by the 3 original partners City of Ithaca 57 . 15 % 7 .430MGD Town of Ithaca 40.87% 5 .313MGD Town of Dryden 1 .98% 0.257MGD Capacity at VCHWWTP has been allocated on current usage by 5 municipalities as shown in TABLE 4. Annual usage has been based on Water meter flow readings (dry weather flows) Actual usage and excess capacity must take wet weather flows into account and an analysis of flows for the past 6 years for the IAWWTF is shown in TABLE 1 and the VCH plant is shown in TABLE 2 . Based on the data available the plant peaking factor has been estimated to be an aggregate ratio of 1 .4 times the average annual flow. Water meter readings and sewage flow meter readings for the year have been analyzed for a twelve month period and the aggregate average ratio of water meter readings to average annual flow in the IAWWTF has been estimated at 1 . 5 To calculate the existing use of the combined wastewater plants the 2001 peak flow values for Table 4 were computed based on water meter readings adjusted by the ratio of 1 .5 to generate average sewer flow for each municipality and the peak capacity used was determined by applying the 1 .4 peaking factor. DWalker Page 1 3/21 /02 TABLE .1 .0 ITHACA AREA WASTE WATER TREATMENT PLANT AVERAGE DAILY FLOW BY MONTH ( MGD) YEAR 1996 1997 1998 1999 2000 2001 JAN 6 . 25 7 . 91 9 . 18 5 .27 6 . 29 4 . 70 FEB 6 . 51 7 .40 8 .67 6 . 05 8 .68 6 . 30 MARCH. 7 . 16 7 . 20 9 . 11 7 . 33 8 . 12 8 . 58 APRIL 6 . 53 9 . 89 8 . 89 6 . 60 10 . 79 7 . 88 MAY 6 . 08 10 . 00 8 . 99 5 . 23 9 . 15 5 . 96 JUNE 5 . 17 6 . 35 6 .66 4 . 18 7 . 32 5 . 98 JULY 5 . 74 6 . 14 6 .69 4 .47 6 . 33 5 . 29 AUG 5 .25 6 . 39 5132 4 .74 5 . 63 5 .40 SEPT 5 . 57 7 . 00 6 . 13 6 . 84 5 . 85 6 .40 OCT 6 .89 7 . 37 5 . 82 6 . 17 5 . 85 5 . 80 NOV 7 .30 9 . 35 5 .31 4 . 84 5 . 17 5 .50 DEC 6 . 13 8 . 85 4 . 39 5 .67 4 . 57 5 . 80 6 . 22 7 . 82 7 . 10 5 .62 6 . 98 6 . 13 7 . 30 10 . 00 9 . 18 7 . 33 10 . 79 8 . 58 5yr AVG 6y' AVG ANNUAL AVG 6 .7 ; 6 . 64 PEAK MONTH 9 . 18 8 .86 Peak month/Annual Average = 1 . 36 1 .33 IAWWTF Flow Calculations for 2002 Budget Flow volumes based on Water meter readings City of Ithaca 130, 341 , 600 CF = 974 , 955 , 168 Gal = 2 .671 MGD Town of Ithaca 711490, 444 CF = 534 , 748, 521 Gal = 1 .465 MGD Town of Dryden 3 , 616 , 912 CF = 27 , 054 , 502 Gal = 0. 074 MGD n n am M I CD o ^ to m g ; vo m m N LL to N ai [7 471 (i 0 i0 OD O a) 0 3 tpn Z m no N O m LL m v N d' 30 LL m CO) n to n n h m N m n m `y O O n t7 at 0 3 n N O PNI C O N U7 p LL n d N O m v m m m C N d Q �_ n ; o n m Q v N R O O r a � O N N N d LL Q LL 3 N QI n N m N LL `y O O O O N O O O O O to O n W 0 to Pf r Q' 30 .- r r tU O N .- > 0 LL Q L_ m cn A O C O N 0 O N O N O O O at m h to y y O N t7 17 O L O m d d n O OD m N '� 3 O N cm m A co A O %6 t7 p N = 30 O to V LL 0 N O Cmo m O O m d m 3 t7 N O N p 3 O A O (n to O Qom' 0 r r N af 0 C O LL O LL 0 0 0 0 to A � to `y LL d O O O O O N CD m O m tD O v T Q 3 N N O N m d QQ � .- r r r y It tV LL Q L N A m m C n O N N M (D m v to N t0 d � d tD v UY m O d O N � CO) Q � 0 r J 30 d t7 LL LL a) O m N N of e v w y y o p .£ m n an' '� 3 tao', t°iD_ o m A t0 N Q' O r r r O '\ r LL 3 LL n r O N t7 LL O O O O O_ W m Q T y O O O O O O O O O m m O tD m N Td A N w 0 3 A N tQ/I N O A m r 0 m T m N Q O N N N Q CM N V N .- O _N LL N 3 O C O O t0 N O C m N N t0 O O at N N Q N LO N N N O N CO) C'1 `y d Q m (D O m v O ai 0 M N m t0 O t0 a q m an n to 3 N rn m O o to N a n A m f7 l9 n to O Q O N O N N Q 30 m O N y 0 LL LL - y T p E 3 ° cD ° D > N O N m v O Q r LL 3 T m 0 O 30 O U 3D _O 0 O OI LL O IL LL LL O LL LL LL 03 ty LL 2 v a 2 m u a Z m D . > T W T 0 L L Q V L Q U Q V CL = LL L - a t = a L_ = O J O O J r O O J O O 3 Z Q O C C Q O C C Q O C C Q U O a O O 0 0 O O T O O F- U F f- f- U H F H U H F- TABLE 2 .0 VCH WASTE WATER TREATMENT PLANT AVERAGE DAILY FLOW BY MONTH ( MGD) YEAR 1996 1997 1998 1999 2000 2001 JAN 2 . 15 1 . 92 2 . 68 1 .75 1 . 82 1 .59 FEB 1 . 99 2 . 13 2 . 56 1 .21 2 . 52 1 . 80 MARCH 2 . 32 2 . 31 2 . 52 2 .27 2 . 25 3 .29 APRIL 2 . 76 2 . 19 2 . 30 1 . 83 2 . 73 2 . 07 MAY 2 .61 2 . 14 1 . 95 1 . 39 2 . 30 1 .61 JUNE 1 .92 1 . 53 1 .66 1 . 25 1 . 92 1 .75 JULY 1 . 78 1 . 39 1 . 53 1 . 21 1 .47 1 . 57 AUG 1 . 86 1 . 28 1 . 32 1 .25 1 . 34 1 . 87 SEPT 1 . 83 1 .43 1 .45 1 . 56 1 .49 1 . 94 OCT 2 . 00 1 . 36 1 .49 1 .50 1 . 55 1 .48 NOV 2 . 33 2 . 06 1 . 38 1 . 52 1 .55 DEC 2 . 51 2 . 00 1 . 36 1 .65 1 . 59 ANNUAL AVG 2 . 17 1 . 81 1 . 85 1 . 53 1 . 91 1 .87 PEAK MONTH 2 . 76 2 . 31 2 .68 2 . 27 2 .73 3 .29 5yr AVG 6yr AVG ANNUAL AVG 1 .79 1 . 86 PEAK MONTH 2 . 66 2 .67 Peak month/Annual Average = 1 .48 1 .44 Evaluation of available capacity and Usage by Municipality 1 /24/02 DRW I Basis is Bill Gray Memo Dated 12120101 modified by analysis of water meter readings and flow meter readings TABLE 4 . 0 Allocation of Capacity MUNICIPALITY 2001 PEAK PEAK FLOW EXCESS FLOW CAPACITY CAPACITY ( MGD ) ( MGD ) ( MGD) City of Ithaca 5 . 800 7 .487 1 . 687 Town of Ithaca 3 . 812 5 . 355 1 . 543 Town of Dryden 0 . 168 0 .258 0 . 090 Cayuga Heights 0 . 640 0 . 950 0 . 310 Village of Lansing 0 . 820 0 .820 0 . 000 Town of Lansing 0 .230 0.230 0 . 000 11 .470 15 . 100 3 . 630 TABLE 5 . 0 Future Flows and Required Treatment Capacity Peak Flows in MGD MUNICIPALITY 2001 PEAK 2021 EST . 2021 EST . 2001 PEAK 2021 EST . FLOW ADDITIONAL PEAK FLOW FLOW EXCESS ( MGD ) FLOW CAPACITY CAPACITY City of Ithaca 5 . 800 1 . 280 7 . 080 7 .487 0 .407 Town of Ithaca 3 . 812 0 . 770 4 . 582 5 . 355 0 . 773 Town of Dryden 0 . 168 0 . 040 0 . 208 0 . 258 0 .050 Cayuga Heights 0 . 640 0 . 140 0 . 780 0 . 950 0 . 170 Village of Lansing 0 . 820 0 . 200 1 . 020 0 . 820 ( 0 . 200 ) Town of Lansing 0 . 230 0 . 570 0 . 800 0 . 230 (0 . 570 ) 1 ,1 . 470 3 . 000 14 .470 15 . 100 0 . 630 Modified DRAFT ( 4/19/01 ) DRW PROPOSED UNIFIED SEWER PARTNERSHIP PERMITTED CAPACITY OWNERSHIP VS . CURRENT CAPACITY USAGE MUNICIPALITY PLANT PERMIT % EXIST OWNED NEW % ANNUAL % O& M EXS CAP % EXS City of Ithaca IAWWTP 13 57 . 15% 7 . 430 49.53% 2 . 83 53 .78% 4.600 47 .23% Town of Ithaca IAWWTP 13 40 . 87% 5 .313 35 . 42% 1 .46 27 . 75% 3.853 39 .57% Town of Dryden IAWWTP 13 1 . 98% 0.257 1 .72% 0 .08 1 .52% 0. 177 1 .82% Town of Dryden CHWVITP 2 0.25% 0.005 0. 03% 0.005 0. 10% - 0.00% Town of Ithaca CHWV/TP 2 9. 80% 0. 196 1 . 31 % 0. 196 3.72% - 0 .00% Town of Lansing CHWWTP 2 7 . 90% 0. 158 1 . 05% 0. 158 3 .00% - 0.00% Village of Lansing CHWWTP 2 15 . 55% 0.311 2. 07% 0.311 5 .91 % - 0.00% Village Cayuga Hgts CHWWTP 2 66 . 50% 1 . 330 8. 87% 0.222 4 .22% 1 . 108 11 .38% 15 .000 100. 00% 5 .262 100.00% 9.738 100.00% NOTES : -The Village of Cayuga Heights would recognize the outside municipalities current usage as "ownership* of capacity. -The Towns of Ithaca and Dryden contribute their current "ownership" to the Town and Village of Lansing. -All flows are based on dry weather ( MGD). - Inflow and Infiltration is to be the responsibility of the individual municipality, not the WWTPs. ( not previously discussed) SCHEMATIC DIAGRAM OF TRANSMISSON (AS OF 12/31 /00) T/LANSING T/DRYDEN T/DRYDEN OWNED EXCESS USED OWNED EXCESS USED OWNED EXCESS USED 0. 158 - 0. 158 0.005 - 0.005 0 .257 0. 177 0.08 TRANSMISSION = 0 . 15E TRANSMISSION = 0 .005 TRANSMISSION = 0. 08 V/LANSING T/ITHACA T/ITHACA OWNED EXCESS USED OWNED EXCESS USED OWNED EXCESS USED 0. 311 - 0.311 0. 196 - 0 . 196 5 . 313 1 3,8531 1 .46 TRANSMISSION = 0.469 TRANSMISSION = 0.201 TRANSMISSION = 1 .540 V/CAYUGA HEIGHTS C/ITHACA OWNED EXCESS USED OWNED EXCESS USED 1 . 330 1 , 1081 0.222 7 . 430 1 4,6001 2 . 83 TRANSMISSION = 0. 892 TRANSMISSION = 4 . 370 VCH WWTP »» »> UNIFIED PARTNERSHIP «««< IAWWTP OWNED EXCESS USED I OWNED EXCESS USED OWNED EXCESS USED 2 .000 1 , 1081 0. 892 15 .000 9.738 5 .262 13 .000 8.630 4 .370 CAYUGA1AKE ATTACHMENT #4 TOWN OF ITHACA Agelda ` 0 PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JONATHAN KANTER, DIRECTOR OF PLANNING RE : SUPPORT OF VITAL COMMUNITIES INITIATIVE — DEVELOPMENT AND PRESERVATION PRINCIPLES DATE : MAY 85 2002 The Tompkins County Planning Department has been working for over a year on developing an outline of Development and Preservation Principles as part of their Vital Communities Initiative . County staff presented an earlier draft of the Development and Preservation Principles at the November 8 , 2001 Town Board meeting. The County Board of Representatives is now considering the adoption of these Principles. Before they act, they are interested in hearing from municipalities and the public regarding the Principles. I attended a public meeting on the Vital Communities Initiative Development and Preservation Principles held by the County on April 11 , 2002 . County staff indicated that adoption of the Principles by the County Board of Representatives could help guide the County in a number of areas in which they are currently involved, such as designing and building County facilities, focusing grant money for projects that are supportive of the Principles, providing regional coordination and assistance to municipalities for natural resource and open space issues that cross municipal borders, providing guidance to the Industrial Development Agency in economic development decisions, and guiding investments in County roads and transportation facilities. In particular, the County Planning Department is proposing to update the Tompkins County Comprehensive Plan (which was last prepared in 1975 and was never adopted by the Board of Representatives) . These Principles would provide the County with a basis to begin a Comprehensive Plan update. Staff has reviewed the Development and Preservation Principles (Last Revised March 14, 2002 - a copy is enclosed for the Board ' s review and consideration) and compared them with the goals and objectives stated in the Town of Ithaca Comprehensive Plan (adopted September 1993 - refer to pages III- 1 through III- 30) . In general , the Town ' s goals and objectives provide! strong support for the Vital Communities Principles. This review indicates that there are no apparent conflicts between the Town ' s Comprehensive Plan goals and objectives and the County ' s Vital Communities Principles . In fact, the two sets of statements are mutually consistent and complementary. Since staff is recommending that the draft resolution (enclosed for the Board ' s consideration) focus on a statement of support for County Board of Representatives ' adoption of the Principles, staff did not see the need to prepare a detailed comparison of the Vital Communities Initiative Principles with the Town ' s Comprehensive Plan goals and objectives, but suggests that Planning Board members skim through pages III- 1 through 1I1-30 of the Comprehensive Plan while reviewing the Vital Communities Initiative Principles . Also, since the Town has adopted the goals and objectives in the Comprehensive Plan, which in most cases, include more detail in the same subject areas as covered in the County Principles, staff did not think that it would be appropriate for the Planning Board or Town Board to adopt the Vital Communities Initiative Principles , but instead, to voice support for their adoption by the County. Some Town Board members may have had the opportunity to attend the May Bch Planning Board meeting, which included an agenda item on this same topic . The Planning Board adopted a resolution at that meeting supporting County Board of Representatives adoption of the Vital Communities Initiative Principles, and recommending that the Town Board consider a resolution of similar support. Meanwhile , please feel free to let me know if you have any questions regarding this matter. Encl . 2 DRAFT ' Last Revised March 14, 2002 Development and Preservation Principles Efforts are underway by public and private sector organizations throughout this community to guide change in a new direction, from downtown Ithaca development to village and hamlet revitalization to rural land protection . The Vital Communities Initiative builds on current efforts and seeks to develop a more comprehensive, community-wide approach . The Vital Communities principles have been developed to help guide governmental, private and non- profit groups in Tompkins County as they make decisions which influence land use patterns and quality of life in neighborhoods and communities throughout the County. Decisions such as where to site a housing development, what land to protect, or where to approve an economic development loan all have land use implications and impacts . When trying to envision life in the future, one thing is a givE!n : things will change . If past growth patterns give us an indication of future growth, the types of changes we could see include : Loss of population (and related loss of businesses and tax base) in the City and Villages; More new commercial and residential development along roads in the rural and agricultural areas; Increased traffic along rural roads and in the urban areas ; Increased taxes to pay for additional public services (e . g ., water, sewer, schools, police, fire, public transportation, and road construction and maintenance) ; Loss of vitality in traditional community centers ; Loss of agricultural lands, natural habitats, and open spaces • Increased amount of time people spend in their cars; Degradation of the quality and quantity of drinking water supplies, streams, and lakes . lanning for the future is the _ only way to preserve and enhance the characteristics and attributes of ompkins County that we most cherish, and to ensure that our communities remain healthy, vibrant, and vital communities. Principle 1 Build strong , cohesive neighborhoods and communities a ) Encourage the development of diverse communities that provide a mix of uses, a variety of employment options, social and recreational opportunities, and an assortment of amenities within walking distance of residential development. b) Enhance the quality of communities by improving the character of the built environment, including visually appealing architectural elements and streetscapes that encourage . pedestrian travel ; facilitate community interaction, and promote public safety . c) Preserve and enhance the distinct identities and historic character of existing neighborhoods, and encourage the development of new neighborhoods that possess their own special sense of place, through attractive design of public places ; proximity to schools, parks and other services ; and community festivals and events . page I of 4 Principle 2 Encourage nodal development patterns that build on existing infrastructure and population centers a ) Strengthen and enhance the City of Ithaca 's downtown area as the urban center of the County. b) Strengthen and enhance the villages and hamlets of the County as vital centers serving the rural population . c) Increase the amount and density of housing, office, and retail space in the central business districts throughout the County . d ) Use in-fill development to promote greater density by filling the existing "gaps" left by abandoned buildings, vacant parcels available for development, and land located behind existing development along roads. e) Save public, costs by directing new development to places contiguous to existing development where sewer, water, roads, and other necessary services already exist, or are planned as part of a comprehensive plan to accommodate projected growth . Principle 3 Promote choice and affordability in housing options a ) Provide for a variety of living experiences, including rural , suburban, small villages, big villages, and urban, each with its own distinct style and personality. b) Protect consumers' housing choices throughout the County by providing a mix of choices (i . e ., location, housing types, and neighborhood character) . c) Provide more affordable housing options for low-to-moderate income residents . d) Promote increased owner-occupied housing within neighborhoods in the County . Principle 4 Protect natural resources , green spaces , and recreational resources a) Preserve and protect open space, unique natural areas, wetlands, water and woodland resources, scenic views, areas of natural beauty, and the rural character of Tompkins County . b) Create, preserve, and enhance parks, hiking trails, active and passive recreation facilities, and historic resources ; . enhance public access to Cayuga Lake . c) Provide a system of interconnecting greenways and ecological corridors that connect agricultural lands, natural areas, and open space . d ) Protect water quality and quantity in the County's streams, lakes, and groundwater and consider the potential regional impacts on water supply and wastewater management for all proposed developments . e) Protect the areas where crucial aquifers are replenished and avoid new development in flood prone areas . _! A Principle 5 Promote agriculture , protect farmland , and protect the rural economy Protect prime agricultural soils and areas of contiguous agricultural activity . Enhance the viability of existing farming operations and agricultural businesses, and encourage new ones to be formed . c) Encourage development that is designed to preserve open space and valuable agricultural land . d ) Provide for a variety of formal and informal economic activities, such as private timber harvesting, agri- tourism , and home businesses, which support a rural way of life . Princip/e 6 Enhance development of a local economy that supports strong communities a) Concentrate appropriate commercial, industrial , and retail development onto relatively small amounts of land, in close proximity to housing and consumers, and in existing developed areas (through vertical growth, where suitable) . b) Support economic choices that employ local workers and provide family-supporting wages and benefits . c) Provide a climate where locally-owned businesses can flourish by enhancing the County's natural resources, arts and culture, lively urban core, and vital neighborhoods . Support tourism in the area by encouraging local institutions, businesses, and facilities to better plan and coordinate tourism related activities . Enhance the capacity of: existing water and sewer systems to accommodate commercial growth in the urbanized areas of the County . Principle 7 Promote a multi -modal transportation system that encourages economic health and community vitality a ) Enhance and promote the use of bicycles and walking as viable forms of transportation by providing public facilities, including multi-use trails, bicycle routes, and sidewalks . b ) Enhance transportation options that allow passengers to transfer easily and safely from one mode of transportation to another (e . g . , biking to bus service) . c) Ensure that development: occurs in a manner that maintains the function and safety of the road network in the area . d ) Provide affordable and accessible public transportation to important destinations among outlying nodes, the Ithaca urban area, and points outside the County . Enhance transportation options, including freight and air service, to support business development, while preserving the integrity of existing communities . Promote a transportation system that supports nodal, compact development patterns and reduces negative environmental impacts . page 3 of 4 r, • a 1 a VITAL COMMUNITIES OF TOMPKINS courm COMMENTS Public Meeting, April 11, 1002 May be returned to Tompkins County Planning Department, 111 E. Court St., Ithaca, NY 14850 naordnfI ATTACHMENT # 5 TEL 315 / 7360856 FAX 315 / 736-M WEB SITE httpllwww.pp mhg�rokaage.com PYRAMID BROKERAGE WEB SITE htlp//wwwjmk%vctcaw COMPANY New America International M qU A 587 Main Street �re NY.. April 29, 2001 Mills, New Yak 13417 syrac„se Rochmter AUvy The Honorable Catherine Valentino APR 3 0 2002 R w , CMWV Ithaca Town Supervisor 215 N. Tioga Street ATTEST Ithaca, New York 14850 ITHACAI CLERK RE : Christopher Lane Water Tank VIA : AIRBORNE NEXT DAY IWO AL53XC850 D Dear Supervisor Valentino : I would like to thank you for the opportunity to meet with me last week and for introducing me to Jonathan Kanter, Director of Planning and Christine Balestra Lehman, Planner. As per our conversation, I am currently working on a project for Independent Wireless One Corporation (IWO) the SPRINT PCS affiliate in New York State and a portion of New England . IWO is in the process of expanding the existing Sprint PCS network of digital wireless facilities for its customers in the Ithaca area. To provide this service, IWO requires the installation of multiple antenna sites over a given area to insure uninternipted communication for the users will be obtained while in that service area. To that end, Pyramid Brokerage Company' s Site Acquisition Team has been contracted by IWO to facilitate lease agreements for the IWO/ SPRINT PCS digital wireless telecommunication antennas . IWO ' s team of radio frequency engineers has determined that the Water Tank on Christopher Lane is an ideal location for the antenna (Water Tanks and tall structures are sought out for their already commercial use, elevation, and ease of antenna installation) . IWO , with respect to requests and preferences by the Town Board, will provide all technical aspects of installation and securing the site . IWO would pay the Town of Ithaca $ 14,400 per year payable in monthly installments of $ 1 ,200 for the use of the water tank . I have enclosed for your review the IWO standard lease agreement normally used in existing structure situations, the SPRINT PCS brochure Straight Talk on Wireless and the Community, an :Entry & Testing agreement and Questions about Wireless Antennas. Supervisor Valentino , during our conversation you stated that the Town Board has a meeting on May 13 , and my request for use of the tower should be in before then If you and the town board will look favorably on this request after your review of the enclosed material . In over 200 cities across: The United Stater Mexico Canada South America Europe Asia Pacific CONtNIERCIAL REAL ESTATE SERVICES , WORLDWIDE ONE OR MORE OFFICES OR INDIVIDUAL MEMBER OF AL Supervisor Valentino April 29, 2002 Page 2 I would ask that you and the town attorney review the Entry and Testing Agreement (E&T) and Lease as soon as possible so we can discuss any issues you or the other board members may have . I will call you in a few days to discuss your questions or comments and on behalf of IWO we thank you for your time and consideration of this matter. Thank you . ely Byro W. Elias, Associate Broker B WE/ Enc . : Standard Lease Brochures Entry & Testing Agreement FILE: AL53XC850 D SUPERVISOR V.UEXTIXO LTR I PYRAMID BROKERAGE COMPANY, INC . New America International 02/1/02 New York Version LEASE AGREEMENT Site Name . rTH,4 CA ��}�Zk ( '�" '� Cascade No. A LS J YC 2 S<0 Q 1 . Premises and Use. The undersigned ("Owner") hereby leases to Independent Wireless One Leased Realty Corporation ("IWO"), a Delaware Corporation , the site described on Exhibit A, together with easements for reasonable access thereto and to the appropriate, in the discretion of IWO, source of electric and telephone facilities (collectively, the "Site"). The Site will be used by IWO for the purpose of installing, removing, replacing, mo0ling, maintaining and operating, at its expense, a Communications Facility, including without limitation a personal communications service ("PCS") system facility, antenna equipment (inclusive of microwave dish antennas), cable, wiring, back-up power sources (including generators and fuel storage tanks), related fixtures and, if applicable to the Site, an antenna structure (collectively, the "Communications Facility"). IWO will use the Site in a manner which will not unreasonably disturb the occupancy of Owners other tenants. IWO shall have access to the Site 24 hours per day, 7 days per week. IWO shall have the right, at its sole cost, to survey or re-survey the Site; upon completion said surrey shall become Exhibit B to this Agreement and ccntrcl in the event of any discrepancies between it and Exhibit A. 2. Term. The term of this Lease! Agreement (the "Agreement") is 5 years (the "Initial Term"), commencing on the date both IWO and Owner have executed this Agreement ('Commencement Date"). This Agreement will be automatically renewed for four additional terms (each a "Renewal Term") of 5 years each, unless IWO provides (honer notice of intention not to renew at least 90 days prior to the expiration of the Initial Term or any Renewal Term. 3 . Rent. Until the earlier of (a) that date which is 30 days after the issuance of all permits and other approvals required for construction and use of the Site as a Communications Facility, and (b) the first day of the month following the commencement of the physical preparation of the Site, the rent will be a ene-time aggregate payment of $ 100.00, the receipt of which Owner acknowledges. Thereafter, rent shall be paid in equal monthly installments of S IZi' U ---- , partial months to be prorated, in advance. Rent for each Renewal Term will be the annual rent in effect for the final year of the Initial Term or prior Renewal Term, as the case may be , increased by FIFt151�0 percent (_1--5.0/0). 4. Title and Quiet Possession. Owner represents and agrees that (a ) it is the Owner of the property of which the Site is a part: (b) it has full right to enter into this Agreement; (c) eacti person signing this Agreement has the authority to sign ; (d) there are no liens, judgments , covenants, restrictions , easements or other impediments of title that would adversely affect IWO's intended use of the Site: (e) IWO is entitled to access to the Site at all times and to the quiet possession of the ;site throughout the Initial Term and each Renewal Term so long as IWO is not in default beyond the expiration of any cure period: and (f) Owner shall not have unsupervised access to IWO's Communications Facility. 5. Ass ignmenUSubletting. IWO shall have the right to assign, transfer, license or sublease this Agreement, in whole or in part, without notice to or consent of Owner. Additionally, IWO may mortgage, assign and/or grant a security interest in this Agreement or its Communications Facility to its mortgagees or other secured parties, including their successors and assigns (collectively, "secured parties"), provided such secured parties agree to be bound by the terms and conditions of this Agreement. In such event, Owner shall execute such consent(s) as may reasonably be required by the secured parties. Owner agrees to notify IWO and IWO's secured parties simultaneously of any default by IWO and to give the secured parties the same right to cure applicable to IWO. 6 . Notices. All notices must be in writing and given by U . S . mail, certified and postage prepaid , or nationally recognized overnight courier that regularly maintains records of items delivered. Notices to Owner shall be sent to the address listed in the signature section below. Notices to IWO shall be sent to: 52 Corporate Circle, Albany, New York 12203. Attn: Strategic. Counsel Group. Notices shall be effective upon receipt if delivered personally, the next business day if sent by recognized overnight courier service, or three (3 ) business days after being sent via certified mail. Either party may change its address by giving written notice to the other pursuant to this Paragraph. 7. Improvements. (a) Upon execution of this Agreement, IWO, its employees , agents and independent contractors shall have free ingress and egress to the property of •.vhich the Site is a part, to conduct or perform such surveys , inspections, subsurface soils tests, structural analyses, radio frequency drive tests, engineering tests and other tests or inspections which IWO deems necessary, in its sole discretion. IWO shall be responsible for any and all costs associated with said work- (b) IWO may, at its expense, make such improvements on the Site as it deems necessary from time to time for the operation and maintenance of the Communications Facility. IWO shall be responsible for obtaining, at its sole cost, any and all approvals necessary to permit construction, operation and maintenance of the Communications Facility. Owner agrees to cooperate with IWO with respect to obtaining any required approvals, and shall take no action which would adversely affect IWO's ability to obtain such approvals or use the Site for its intended purpose. Owner hereby consents to the filing of any applications by IWO that are necessary to obtain the required approvals , and agrees to join in, execute as co-applicant or otherwise authorize such applications in writing. (c) Title to IWO's Communications Facility and related improvements shall at all time remain personal to and vested exclusively in . IWO, regardless of whether or not same would be considered fixtures under applicable law. Upon termination or expiration of this Agreement, IWO shall remove its Communications Facility equipment and improvements and will restore the Site to substantially the condition existing on the Commencement Date, except for ordinary wear and tear and casualty loss. 8. Compliance with Laws. Owner represents that Owners property (including the Site) , and all improvements located thereon, are in substantial compliance with building, life!safety, disability, environmental and other laws, codes, rules and regulations of applicable govemmental authorities. IWO will substantially comply with all applicable laws relating to its possession and use of the Site. 9. Interference. IWO's Communications Facility shall not cause interference with other Communications Facility equipment located at the Site and lawfully operating on the Commencement Date. Likewise, Owner will not permit or suffer the installation of any future equipment which (a) results or will result in interference with IWO's Communications Facility, exceeds or will exceed applicable radio frequency emissions limitations, or causes or will cause structural problems, taking into account in each case IWO's then existing equipment and likely future equipment needs or (b) encroaches onto the Site. 10. Utilities. IWO will pay for all utilities installed and used by it at the Site. Owner will cooperate with IWO in IWO's efforts to obtain utilities from any icca :icn ,vhere service is available from the servicing utility, and shall sign , at no additional cost to IWO or the utility service provider, such easements, rights-of-way, licenses or other instruments as are reasonably required by the utility service provider to provide service to and from the Site and IWO's Communications Facility. 11 . Termination. IWO may terminate this Agreement at any time by notice to Owner without further liability if IWO does not obtain all permits or other appicivals (collectively, "approval") required from any governmental authority or any easements required from any third party to operate the Communications Facility, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Agreement, or if IWO , for any other reason , in its sole discretion , determines that it will not use the Site. Upon termination , all raid rent will be retained by Owner unless such termination is due to Owner's failure of proper ownership or authority, or such termination is a result of Owner's default. 12. Default. If either party is in default under this Agreement for a period of (a) 10 business days following receipt of notice from the non-defaulting Gar. / with respect to a default which may be cured solely by the payment of money , or (b ) 30 days following receipt of notice from the non-defaulting F ,;r; •.: ilh respect to a default which may not be cured solely by the payment of money , then, in either event, the non -defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to , the right to terminate this Agreement. If the non- monetary default may not reasonably be cured within a 30-day period , this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period and proceeds with due diligence to fully cure the default. 13. Indemnity. Owner and IWO each defends and indemnifies the other against and holds the other harmless from any and all costs (in reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site by the indemnifyin g excluding any portion of such claim, liability, damage, loss or expense that is attributable to the indemnified party under applicable comp negligence principles. The obligations under this Paragraph do not apply to any claims arising from the sole negligence or intentional able c duo indemnified party. The obligations under this Paragraph will survive termination of this Agreement. 14. Hazardous Substances. Owner represents that it has no knowledge of any hazardous substance or waste or other toxic or dangerous materials on the Site (collectively, "substance"). IWO will not introduce or use any such substance on the Site in violation of any applicable law. IWO shall defend, indemnify and hold Owner harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss arising from IWO's disposal of hazardous substances or wastes on the Site in violation of applicable law. Owner shall defend, indemnify and hold IWO harmless from any and all costs (including reasonable attomeys' fees) and claims of liability or loss arising from any disposal of hazardous substances or waste on the Site not caused by IWO and in violation of applicable law. The indemnity obligations under this Paragraph will survive termination of this Agreement. 15. Subordination, Non-Disturbance and Attornment. This Agreement is subordinate to any mortgage, deed of trust or other security interest now of record against the Site. However, promptly after the Agreement is fully executed, Owner will use diligent efforts to obtain a subordination, non. disturbance and attomment agreement reasonably acceptable to IWO from the holder of any such mortgage, deed of trust or other security interest. 16. Taxes. IWO will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by IWO within 60 days after receipt of satisfactory documentation indicating calculation of IWO's share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part 17. Insurance. IWO will procure and maintain commercial general liability insurance, with limits of not less than $ 1 ,000,000 combined single limit per cccurrence for bodily injury and property damage liability. IWO will provide Owner with a certificate of insurance showing Owner as additional insured, and providing that cancellation will not occur without at least 30 days prior written notice to Owner. Each party hereby waives its right of recovery against the other for any loss or damage covered by any insurance policies maintained by the waiving party_ Each party will cause each insurance policy obtained by it to provide that the insurance company waives all rights of recovery against the other party in connection with any damage covered by such policy. 18. Maintenance. IWO will be responsible for repairing and maintaining the Communications Facility and any other improvements installed by IWO at the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance is required due to the acts of Owner, its agents or employees, Owner shall reimburse IWO for the reasonable costs incurred by IWO to restore the damaged areas to the condition which existed immediately prior thereto. Owner will maintain and repair all other portions of the property of which the Site is a part in a proper operating and reasonably safe condition. 19. Miscellaneous . (a) This Agreement applies to and binds the heirs , successors, personal representatives, executors, administrators and assigns of the parties to this Agreement; (b) any sale or other transfer by Owner of all or any part of Owner's property (including the Site and IWO's easements) shall be under and subject to this Agreement; (c) this Agreement is governed by the laws of the state in which the Site is located; (d) If requested by IVVO, Owner agrees promptly to execute and deliver to IWO a recordable Memorandum of this Agreement together with any and all documentation necessary to record same in the applicable County Clerk's Office; provided, however, that all costs associated with preparation and recordation of such Niemoranda shall be paid by IWO; and (e) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder o Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable will not be affected, and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law, and (f) this Agreement (including the Exhibits ) consf the entire agreement between the parties and supersedes all prior written and verbal agreements , representations, promises or understandings be the parses. Any amendments to this Agreement must be in writing and executed by both parties 20. Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. This Lease Agreement may be executed in one or more counterparts, each of which shall be deemed an original. The following Exhibits are attached to and made a part of this Agreement: Exhibit(s ) A , B and OWNER: By: Its: S . S./Tax No. : Address: See Exhibit Al for continuation of Owner signatures Date: INDEPENDENT WIRELESS ONE LEASED REALTY CORPORATION By: John Stevens , Chief Technical Officer Date: Cayuga Lake ' Watershed Attachment # 6 Agenda # ] 4 INTERMUNICIPAL ORGANIZATION Intermunicipal Co - operation promoting protection of the watershed Cayuga County . April 3 , 2002 Aurelius (T) Aurora (V) To Cayuga Lake Watershed Intermunicipal Organization Members : Cayuga (V) Fleming (T) Y In .Uctober, 2001. Sylvia Hurlbut passed the chair of the IO to me and the IO moved from Genoa (T) the Town of I edyard to the Town of Dryden. I want to thank Sylvia Hurlbut, Town of Ledyard, "founding Chair of the I0, for her vision and hard work . The 10 is fortunate that Ledyard (T) she continues Stb b very actively involved. Scipio (T) Springport (T) We are once again: requesting your support of the work of the Cayuga Lake Watershed Summerhill (T) InteThi unicip.alliOrganization (I0) to protect our water resources. In 2002, we completed the watershed.rnanagement plan, called the Cayuga Lake Watershed Restoration and Union Springs VL.._`. . .. .. . .. Protection Plan (RPP) . Our current focus is to seek funding for the activities listed in the Venice (T) RpP, such as streambank and roadside stabilization to decrease erosion. We have several outstanding proposals . • NYS Department of State Local Waterfront Revitalization Program: $308 ,640 eca County requested 0 Great Lakes Coastal Watershed Restoration Program: $338,791 requested Jert (T) . US Environmental Protection Agency Environmental Education: $27,000 tte (T) . Great Lakes Aquatic Habitat Network and Fund: $3 ,500 Interlaken (V) All of these proposals will require local match, if funded. Your annual contribution to the Romulus (T) IO will be used towards the match requirements . Seneca Falls (T) In addition to requesting fees, we ask that you sign the new Call for Cooperation included Varick (T) with this letter, which targets implementation of the RPP as the primary task. The more municipalities formally represented on the 10 through the Call for Cooperation, the better chance the IO has for obtaining funding. Tompkins County The IO continues to be active in the watershed, even as we seek funding. In May of 2001 , Cayuga Heights (V) we participated in the Fall Creek Clean-up and we will participate again in May, 2002 . Freeville (V) On March 19, 2002, the Technical Advisory Committee of the I0, with the Cayuga Lake Dryden (T) Watershed Network, Cornell University, and Wells College, conducted a half-day workshop on current monitoring efforts and data gaps in the watershed. Scientists from Groton (T) universities, agencies, and consulting companies presented their current research projects Ithaca (C) and identified data needs with respect to watershed management. We hope the event will Ithaca (T) lead to improved research and shared findings . Many thanks in particular to Cornell Lansing (v) University, the Cayuga Lake Watershed Network, and Wells College for sponsoring and sing (T) organizing the event. Coming up in April, 2002, we are co-sponsoring two educational events with the Cayuga Lake Watershed Network, on erosion control and streambank ses (T) stabilization for municipalities and private landowners . 1099 Poplar Ridge Road, Aurora, New York 13026 Phone : (315) 364-5707 • Fax : (315) 364-5711 • Email : ledyard @aubcom.com Cayuga Lake Watershed INTERMUNICIPAL ORGANIZATION Intermunicipal Co- operation promoting protection of the watershed ayuga County ,urelius (T) I hope that you will continue both your financial contribution to the IO and your commitment as active member of the IO . Your expertise and your energy and time are ,urora (v) necessary for us to accomplish the tasks described in the RPP . 'ayuga (V) leming (T) Please feel free to contact me if you have questions or _( ormai�ton. 'Tenoa (T) Q U edyard (T) Sincerely, '�pio (T) . APR 3 0 2002 k � . pringport (T) (. , � lit.•^J Vim' �- ummerhill (T) Deborah G. Grantham ATTEST anion Springs (V) Chair, Cayuga Lake Watershed Intermunicipal Org rHA A TOWN CLERK enice (T) Deputy Supervisor, Town of Dryden 65 East Main Street Dryden, NY 13053 eneca County overt (T) ayette (T) iterlaken (V) omulus (T) meca Falls (T) arick (T) 'ompkins County ayuga Heights (V) -eeville (V) ryden (T) roton (T) I laca (C) :iaca (T) rasing (V) insing (T) lysses (T) 1099 Poplar Ridge Road, Aurora, New York 13026 Phone: (315) 364-5707 • Fax : (315) 364-5711 • Email: ledyard @aubcom.com Intennunicipal Agreement Regarding The Cayuga Lake Watershed Restoration and Protection Plan THIS AGREEMENT: entered into by the Town/City/Village of located in the County of WITNESSETH THAI. WHEREAS, each of the parties to this agreement has formally adopted the Cayuga Lake Watershed Management Plan, hereafter referred to as the Cayuga Lake Watershed Restoration and Protection Plan (the Plan), which will provide for the long term protection of waters of Cayuga Lake Watershed; and WHEREAS, the parties of this agreement, desire to form and send representatives to an organization called the Cayuga Lake Watershed Intermunicipal Organization, hereinafter referred to as the I0, that will administer and oversee the continuation of the planning process and the implementation of the Plan; and WHEREAS, the parties to this agreement desire to provide for the day to day coordination of the Plan; and WHEREAS, the IO will have ultimate authority over all municipal contributions and the dispersal of those funds; and WHEREAS, under Articie 5-G Section 119-o of the General Municipal Law of the State of New York, municipalities have the authority to enter into intermunicipal agreements and jointly perform services regarding subjects each separately has the power to perform; and WHEREAS, this intermwaicipal agreement is voluntary and will not be construed so as to interfere with or diminish any municipal powers, authority, or regulatory authority of any of the participating municipalities. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties to this agreement do hereby agree as follows: FIRST: This agreement supersedes all previous IO Cooperative Agreements SECOND: The participating municipalities will work together cooperatively in the decision-making process and share the leadership and ownership in continuing the planning' process and implementing the Plan. THIRD: Employees or contractors hired for the performance of the work under the Plan will be hired with no discrimination by reason of race, creed, color, sex, age, physical disability, or national origin. FOURTH: The participating municipalities will provide the necessary funding based on a formula attached in Addendum "A" to assist in continuing the planning process and implement the Plan. FIFTH: If the IO should cease to exist the funds still available will be returned to the parties to this agreement under the same formula originally gained. SIXTH: Through the continuation of the planning process and the implementation of the Plan the various benefits conveyed by Cayuga Lake and its watershed will be maintained or enhanced. i SEVENTH: That any party to this agreement may terminate its participation within the 10 at any time but must do so by notifying within thirty (30) days all other parties in writing of the determination, reasons for the termination, and the effective date thereof. Withdrawal from the agreement by one party shall not operate to terminate the agreement, which shall continue in full force and effect with respect to all other parties. V'De Hie E3 e Me NINTH: This agreement shall be for a one-year period commencing on the date of signature. TENTH: This agreement authorizes the IO to enter into contracts within the limits of, and subject to, the appropriations provided by the participating municipalities and other available secured funding sources. ELEVENTH: If any term or provision of this agreement or the application thereof shall, to any extent, be invalidated or unenforceable, the remainder of this agreement or the application of such term or provision, other than those to which it is held invalid or unenforceable, shall be unaffected thereby, and each term and provision of the agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the following parties through their Chief Elected Officials have executed this agreement. MUNICIPALITY DATE: County/Town/City/Village of BY: ` Signature Typed Name Title ADDENDUM A Each member :municipality will annually contribute a fixed sum amount to the normal operating budget of the Cayuga Lake Watershed Intermunicipal Organization (IO). The exact sum will be determined annually based on the projected operating cost for the upcoming year and the number of municipalities seeking membership. The current municipal contribution for the August 2001 — August 2002 operating year is set at $900.00. Attachment # 7 Inventory Worksheet For Local Government Records Government Name: _ �c � �'� i, , Department: zx — Contact Person: 0' MY r Phone Number: 7 3 / j, S ' -Location: rl Building: Pi . Z, Lid — Room: ' Shelf: Box #: Date Span: l 9 9 S Format: � ��,�► Other Format (if known) : ItIA Other Copies : _ a ,�L y�-� -�n ✓u .�� Description of Records : C1 av o l: VrTj SARA schedule for disposition: C c - Name of Verson Doing Inventory : �ri � �j - � c�- Date : Title : �c,c.-{ Adapted from SARA form Created 1 / 2002 by Gail C:63\ 63da to\highway\ form\ RecordsDisp Form Inventory Worksheet For Local Government Records Government Name : �i�-c �, G c�� �- Department: da 4 ,;0 /� v CMG Contact Person: " h : � Phone Number: 7 3 - l6 i-Z, Location: Buildin g: - � Room: Shelf: Box # : Date Span: / ��'� >J Format: Other Format (if known) : ? Other Copies: 7 Description of Records : L SARA schedule for disposition: Name of P,�rson Doing Inventory : cr ( ,i Date: Title : C�c-C �� Adapted from SARA form Created 1/ 2002 by Gail C:63\ 63data\ high way\ form\ RecordsDispForm Attachment # 8 rrc>WN CLERK ' S MONTHLY RBIPVC> 2 r Agenda # 1 9 OWN OF ITHACA , NEW YORK APRIL . 2002 0 THE SUPERVISOR : PAGE 1 pursuant to Section 27 . Subd 1 of the Town Law , I hereby make the followina statement of all fees and moneys received by me in connection with my office during the month stated above , excepting only such fees and moneys the application and payment of which are otherwise provided for by law : 2001 SPORTING LICENSES 2002 SPORTING LICENSES 4 . 00 10 MARRIAGE LICENSES NO , 02008 TO 02017 87 . 50 AGRICULTURE REPORT COPY AERIAL PHOTOS 26 MISC . COPIES 14 . 45 C014PREHENSIVE PLAN DRAFT ZO MAPS ( PER MAP .) DRAFT ZO MAP SET DRAFT ZO 1 DRAFT ZO PACKAGE 15 . 00 . _ ENVIRONMENTAL REVIEW EXECUTIVE SUMMARY ZO 3_ MARRIAGE TRANSCRIPT 30 . 00 NOISE ORDINANCE RETURNED CHECK — CLERK RETURNED CHECK — TAXES 1 RETURNED CHECK — W& S 5 . 00 OPEN SPACE REPORT 1984 OPEN SPACE REPORT 1997 POSTAGE SIGN ORDINANCE SIX MILE CREEK REPORT SUBDIVISION REGULATIONS 14 TAX SEARCH 70 . 00 1 USE OF PARKS & BLDG 20 . 00 WETLAND GUIDELINES WATER & SEWER SEARCH ZONING MAP 1 ZONING ORDINANCE 8 . 50 ZONING ORDINANCE DRAFT A1255 TOTAL TOWN CLERK FEES 254 . 45 A1555 76 DOG ENUMERATION _.- 76 _;00 A1556 1 SPCA CONTRACT _...... ...... . .3.86 945 A1557 1 SPCA IMPOUND FEES ...... . ,- _.._. . _ 50. ._00. A2389 VOTING MACHINE FEE A2530 GAME163 OF CHANCE LICENSES BINGO LICENSES 2 BINGO FEES 10 . 19 2540 TOTAI, A2540 1. 0- 6_ 1.9 A2544 7..6 , DOG LICENSES 15.2400. A2701 REFUND PRIOR YEAR EXPENS TOWN CLERK ' S MONTHLY REPORT APR I Itiota iclCouncilman PAGE 2 18_ BUILDING PERMIT 10 , 155 . 00 BUILDING PERMIT EXTENSIN 1 . FOUNDATION PERMITS 50600 CERTIFICATE OF OCCUPANCY 50 . 00 -- ---- 2._._ TEMP . CERT . OF OCCUPANCY 97 . 50 USE PERMITS _ _ . .4 OPERATING PERMITS 362 . 50 FIRE SAFETY INSPECTIONS 156 . 25 SIGN PERMITS 4_.... ZBA AREA & USE VARIANCES 320900 ----- ZBA ADDITIONAL MTG . FEE ZBA SPECIAL APPROVALS 400 . 00 _ -. _ _ ._... ._ ZONING SIGN APPROVALS B2110 TOTAL B2110 _11_, 591 . 25 SUBDV . REV . INITIAL APL . _ .. _.. _. SUBDV . REV , PRELIM . PLAT 4 . SUBDV . REV , FINAL PLAT 330000 SBDV . REV , PLAN REAFFIRM SITE PLAN INIT . APL , FEE SITE PLAN PRELIM . PLAN _- 1 . . SITE PLAN FINAL PLAN 100 . 00 ADD . MTG . FEE AGENDA PRO ASS . MTG . FEE P . H . PROCE B2115 TOTAL B2115 4300 0 Paid to Supervisor for General Fund 9. 29009 Paid to Supervisor for Part Town ... . .... _.. Paid to NYS DEC for 2002 Sporting Licenses 12052 . 00 Paid to County Treasurer for Dog Licenses _..._129 _ 9_45 Paid to Aa & Markets for Doa Licenses 27 . 00 Paid to NYS Health Department for Marriage Licenses _1_12 . _50__ Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Binqo Licenses Total Disbursements 13 , 270489 MAY 1 , 2002 c•c , �- y2�,cyr� SUPERVISOR STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA TEE -ANN HUNTER , being duly sworn , says that she is the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and Moneys received by her during the month above -stated , excepting only such Fees the application and payment of which are otherwise provided for by law . Subscribed and sworn to before me this Town Clerk day of 20 - Town of Ithaca Town Board, May 13, 2002 Highway Department Report for April 2002 1 Public Works Facility As you know, the Town Board gave approval of the preliminary design, set the budget, and authorized the architects to continue developing a final design . The thirty (30) day period for the public to petition for a referendum on the project will end May 8, 2002 . The project will go to the Planning Board on May 7, 2002 for the site plan approval and then to the Zoning Board of Appeals on May 20, 2002, for their special district approval . Due to certain circumstances, the final design will not be ready until May 28, 2002 . Final approval for the project will have to be at the June Town Board Meeting. Bidding will then start on June 11 , 2002—with the bids being opened on around July 2, 2002, and back to the Town. Board at the July 8th meeting for approval so construction can start 1 thereafter . Roads Renwick Drive Reconstruction : We started this project on April 22, 2002 . This is going along well . We have two crews working on the project. W. King Road Underground Drainage: We finished up the underground drainage on W . King Road during April and worked on ditching the upper section for better drainage . We will pave this section of W . .King Road later in the summer. Maple Avenue: We installed the fencing along Maple Avenue that was needed . We planted 38 flowering shrubs near the trail parking area . Suit Kote will be in on May 8, 2002 to fix the sidewalk. After that, this project should be complete . Other projects worked on in April include the semi-annual brush and leaf pick up . This consumed two weeks of the crews ' time . We worked with the Town of Danby on a seeding project for them, installed a culvert pipe for a new driveway, cleaned up a tree that blew down (on Maple Avenue) , and worked on sign maintenance . Parks and Trails We have begun our regular grounds maintenance program for the Town' s parks, trails, water tanks, and pump stations . In addition to keeping lawns mowed and trimmed, the grounds crew patrols and removes trash, applies fertilizer to turf grass and ball. fields, repairs .play equipment, stains park furniture , prunes trees as needed, trims shrubs, and takes care of all the little things that make our public spaces attractive and safe . Currently we mow a total of 13 acres of developed parks on a weekly basis . In addition, somewhat less frequent mowing along the 8 miles of various trails and walkways is done . The Public Works facility and Town Hall grounds, along with water tank sites, access roads, and pump stations are all part of our grounds crew duties . Future town parks are mowed at least once per year to maintain open areas. The grounds crew consists of two employees who work as a team, sharing the maintenance duties . We have larger crews do any construction or major work that needs to be donEk . Mowing starts mid to end of April and continues weekly until fall brush pick-up, which begins around the third week of October . We try to have fall clean ups done at all sites prior to this . Attached is a copy of our mowing sites checklist that includes all the sites our crew maintains . This checklist does not include all the roadside mowing we do, nor all the water transmission mains, sewer easements, future trail sections, and drainage easements which we mow with our boom / flail mower tractor at least once per year . Water and Sewer There were no water breaks during April . We did work on confined space . Due to most of the crews ' time being spent on brush and paving / drainage projects, not as much water and sewer (or parks and trails) work was done this month. We have started the landscaping for the Oakwood Tank and Hanshaw back lot sewer projects . The Town Maintenance worker with assistance of other Highway staff as needed worked on a number of projects at Town Hall, the Public Works Facility, and our water and sewer pump stations . Projects for May : 1 . Continue Renwick Drive drainage and paving work . 2 . Parks and trail :maintenance and finish spring cleanups at all sites . 3 . Water and sewer maintenance . 4 . Continue working on Public Works Facility design . 5 . Continue tree and shrub plantings at Hanshaw Road back lot sewer and Oakwood Tank projects . 6 . Maintenance at Town Hall . 7. Lawn restorations . 8 . Plantings at Forest Home sewer pump station . ghk Town Engineer 's Report for 4/8/02 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 beinor utilized to transfer data from the paper record maps and field notes to accurately locate Town facilities on the Arc View GIS. Park and Open Space The Engineering staff has been working with the Highway Department and Planning Department on the Hanna Pew Trail project. Plan development is being finalized and final design and construction documents are being prepared. The design at the Tudor Park end of the trail has been complicated by the slope and may require some additional Right of Way. Highway The Engineering Staff is continuing to provide technical support to the Highway staff for the development of plans for reconstruction of ;Renwick Road . Technical support has also been provided for development of drainage improvement plans for Winthrop Drive. Both of these projects are scheduled for construction this year. The Town Engineer has been working with the Highway Superintendent and Hascup Lorenzini Architects on the Public Works Facility improvements. The Engineering department completed the storm water management plan for the facility. 91 I /Emergency Operations Center Committee The County has determined that the cost for locating the Communications center at the Station 5 site is too high and is looking at other alternatives. Tompkins County Emergency Management Planning Committee The Town Engineer has been meeting with the committee that is drafting the Tompkins County Comprehensive Emergency Management Plan . The committee is nearing completion of the draft plan and a meeting for public officials has been scheduled for April 4, 2002 at 6 pm to introduce the document. A representative of the State Emergency Management Office will be attending the meeting to review the authorities and responsibilities that public officials have during major disaster or emergency events. Town of Ithaca Emergency Management and Fire Protection The Town of Ithaca has participated in training programs for Emergency Responsiveness and is in the process of updating the Town emergency response plan . EARTH FILL PERMITS . No activity has occurred on the City of Ithaca application for the proposed demolition and construction spoil disposal site on the Landstrom lot. No new permits were issued in February. WATER PROJECTS Integrated Water System Final project planning and design work on improvements for the integrated water system is on hold until completion of the revised SCLIWC agreement. TOWN ENGINEERS REPORT 4/8/02 West Hill Water System The Engineering Staff is continuing to work on plans and an engineering report for the part of the West Efill Water System behind the Biggs complex and the Hospital . Several alternatives for a new water storage tank are being reviewed and an engineering report with recommendations is being prepared Burns Road Water Main Extension The Town Engineer has prepared an engineering report and preliminary cost estimate for the extension of a watermain on the South end of Burns Road . Several residents on Burns Road who have poor quality and shortages of well water requested this project. 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 consultant developing the Environmental Impact Statement for the project delivered the first review draft of the DEIS to the sewer committee on March 22 and the committee members have been reviewing the document. • The Town Engineer has reviewed project data and cost information provided by the City of.Ithaca to evaluate the appropriate cost participation in the jointly used interceptor sewers. Stearns and Wheler have started the Design of the Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility with a design Team Kickoff Meeting on February 28 . The Town Engineer is representing the Town of Ithaca on the team and will be reviewing the design and contract documents as the project progresses . West Hill Sewer System The Town Engineering staff is in the process of completing the design and construction plan for replacement of the Trumansburg Road Hospital sewer line in 2002. At the request of a Town resident a preliminary evaluation of the cost and benefit to extend sewer along Trumansburg Road from Fire Station 5 to Hayts Road is being developed . The Town Engineer has developed a preliminary design and estimate for a sewer line along the North end of West Haven Road, which would serve possible frontage lots on land owned by Ecovillage . The Public works committee has reviewed the project and has; recommended that the construction of the sewer would benefit only the owner of the undeveloped parcel and that the Town should not construct it. The Town Engineer will provide technical assistance to Ecovillage if they want to pursue the project. Ecovillage has completed construction of the sewer extension to serve the Second Neighborhood . Upon receipt of record drawings and a' final easement description, acceptance of the facility as a Town of Ithaca Sewer main will be formalized . y i DEVELOPMENT REVIEW Site work for the PRI Museum of the Earth started in September. 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 . Project work has been shut down for the winter. LATB prep\April\Reports\ERP"I'0204 .doc Daniel R . walker Page 518102 TOWN ENGINEERS REPORT 4/8/02 Eco Villaee is continuing on the site work for the second resident grou with construction on the roadwa sand driveway. P Y Installation of the sanitary sewer system is also underway. Prior to the excavation work sediment control fence was installed below the construction area . Sediment and erosion controls have been maintained adequately during construction . The Town Engineer has been reviewing the College Circle proposal as part . of the Planning Board approval process. Particular areas of concern are the Storm Water Management plan for the site, which has been evaluated and designed by T.G . Miller P.C. The Town review of the project has resulted in a conclusion that the measures planned are appropriate and will control discharges from the site at or below current levels. Improvements to divert water away from properties that are currently experiencing problems are planned and construction will be monitored by the Town. These improvements will include facilities on Ithaca College property, which will work in conjunction with the College Circle drainage plan . The Town of Ithaca will be monitoring operation and maintenance of the storm water control system, and have authority by agreement to ensure proper function . The Water system is designed to Town of Ithaca standards and to ensure reliable operation and maintenance along with adequate fire flow, the Town Engineer is recommending that the System be Dedicated to the Town . The Town Engineering staff has done extensive review of the storm water management system for the Cornell University Precinct 9 athletic field proposal . Working with the Project Engineers the Town has provided watershed data for the East Hill/Snyder Hill Road/Pine Tree Road watershed sub area to ensure that drainage improvements would not increase problems that have occurred in the past. LATB prep\Apiil\Reports\ERPT020=.doc Daniel R . walker Pave ; Pave 5/S/02 Planning Director' s Report for May 13 , 2002 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board. April 2 , 2002 Meeting: Jacobs Two-Lot Subdivision , 136 Seven Mile Drive/ 182 Calkins Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 136 Seven Mile Drive and 182 Calkins Road, Town of Ithaca Tax Parcel No. 33 -2 - 1 . 2 , Residence Districts R-5 and R-30 . The proposal is to create a 5 . 36 +/- acre parcel (Tax Parcel No . 33 -2 - 1 . 21 ) , which contains a residence off of Calkins Road , and a 15 . 34 +/- acre parcel (Tax Parcel No . 33 -2- 1 . 22), which contains the mobile home park on Seven Mile Drive , out of the 21 +/- acre parcel . This subdivision follows existing parcel boundaries that did not receive Town subdivision approval . Paul A . and Linda S . Jacobs and Roland W. Fellows, Owners; Paul A. Jacobs, Applicant. A decision was adjourned to the April 16, 2002 meeting because the applicant was not present at the meeting. Lowe Two-Lot Subdivision, 136 Snyder Hill Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 136 Snyder Hill Road, Town of Ithaca Tax Parcel No . 61 - 1 - 12 . 1 , Residence District R- 15 . The proposal is to subdivide the 8 . 97 +/- acre parcel into a 4 . 83 +/- acre parcel and a 4 . 14 +/- acre parcel, which contains the existing house . John E . & Audrey M . Lowe, Owners/Applicants ; Lawrence P . Fabbroni, P .E. , L. S . , Agent. College Circle Apartments — Phase 2 , 1033 Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modifications in the approved site plan for development at College Circle Apartments located at 1033 Danby Road, Town of Ithaca Tax Parcel No. ' s 43 - 1 -2 . 2 and 43 - 1 -23 , Multiple Residence District. The proposed development includes the construction of 60 apartments that were previously approved by the Town in 1988 , with some proposed modifications to the parking, building layout and circulation. The proposal also includes a community center building, Ithaca College campus integration infrastructure and a request for additional apartment occupancy above that which was previously approved. Ithaca College proposes to enter into a long-term agreement with Integrated Acquisition and. Development to operate and maintain the College Circle Apartments as campus student apartment housing. J .M . S . Realty, Owner; Integrated Acquisition & Development Corp. , Applicant. Reconfirmation of Recommendation Regarding Linderman Creek Rezoning : The Planning Board reconfirmed their previous recommendation to the Town Board on the enactment of a local law rezoning +/- 15 . 266 acres from R- 15 Residence to MR Multiple Residence for the proposed Linderman Creek Apartments Phase 11 and III development, located on Conifer Drive off Mecklenburg Road, Town of Ithaca Tax Parcel No ' s . 27- 1 - 13 . 12 and 27- 1 - 13 . 16 . Estate of Anthony Ceracche and Home Properties of New York, Owners ; Conifer Realty, LLC, Applicant; John Fennessey, Agent . April 16, 2002 Meeting : Edward Marx, Commissioner, Tompkins County Planning Department: The Planning Board held a brief discussion with the new County Commissioner of Planning regarding planning issues of common interest. Jacobs Two-Lot Subdivision , 136 Seven Mile Drive/182 Calkins Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 136 Seven Mile Drive and 182 Calkins Road, Town of Ithaca Tax Parcel No . 33 -2- 1 . 2 , Residence District!s R-5 and R-30 . The proposal is to create a 5 . 36 +/- acre parcel (Tax Parcel No . 33 -2- 1 . 21 ) , which contains a residence off of Calkins Road, and a 15 . 34 +/- acre parcel (Tax Parcel No. 33 -2- 1 . 22) , which contains the mobile home park on Seven Mile Drive, out of the 21 +/- acre parcel . This subdivision follows existing parcel boundaries that did not receive Town subdivision approval . Paul A . and Linda S . Jacobs and Roland W. Fellows, Owners; Paul A . Jacobs, Applicant. Linderman Creek Apartments — Phase II and III , Conifer Drive off Mecklenburg Road : The Planning Board granted Final Subdivision Approval and Final Site Plan Approval for the proposed Linderman Creek Apartments Phase 11 and III development located on Conifer Drive (a private drive) , just off Mecklenburg Road, Town of Ithaca Tax Parcel No ' s. 27- 1 - 13 . 12 and 27- 1 - 13 . 16 , Residence District R- 15 . The proposal includes 96 apartment units (72 units to be built initially in Phase II, 24 units to be constructed in Phase 111) in twelve buildings on 14 +/- acres of a 45 +/- acre parcel . The proposal also includes a community building, access drives, parking, sidewalks , landscaping, and a recreation area including a pavilion and play structures . A bus stop and bus turn around area is proposed for the northern end of Conifer Drive . The proposed development would consist of affordable housing units with 36 of the units being handicapped accessible or handicapped adaptable . The applicant is also requesting to subdivide Tax Parcel No . 27- 1 - 13 . 12 into three lots and Tax Parcel No . 27- 1 - 13 . 16 into additional lots for ownership purposes . Approximately 57 acres will remain undeveloped initially, but will be retained by Conifer Realty f6r possible future residential expansion. Estate of Anthony Ceracche, Owner (Tax Parcel No . 27- 1 - 13 . 12) , and Home Properties of New York, Owner (Tax Parcel No. 27- 1 - 13 . 16) ; Conifer Realty, LLC , Applicant; John Fennessey, Agent. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following are accomplishments or issues that have been dealt with over the past month. SEQR Reviews for Zoning Board : No new SEQR reviews for the Zoning Board were done since the April report. Codes and Ordinances Committee : The Committee met on April 24, 2002 . Discussions focused on the revised draft of the Zoning text that had been completed by the Attorney for the Town and the upcoming public information meetings on the revised Zoning (scheduled for Thursday, May 2 y 165 2002 beginning at 7 : 00 p .m . and Saturday, May 18 , 2002 beginning at 9 : 00 a.m .) . The Committee agreed. on a modified boundary for the proposed South Hill Conservation Zone, as recommended by the Conservation Board, to be incorporated in the proposed Zoning Map . The Committee also approved the general provisions of an amended local law regarding functions and operations of the Conservation Board, and requested that the Attorney for the Town provide a draft amended local law for the Committee ' s review. The next Committee meeting was scheduled for Wednesday, May 8 , 2002 to organize for the upcoming public information meetings on the revised Zoning. [Note : Check out the Town website at www.town. ithaca .ny.us for materials relating to the revised Zoning, including a downloadable, printable version of the entire Zoning text, an easy-indexed version of the Ordinance, the Executive Summary highlighting significant changes recommended in the Zoning Ordinance with links to relevant sections of the Ordinance, and proposed Zoning maps highlighting proposed changes .] Capital Projects and Fiscal Planning Committee : The Committee met on April 10th and May 7th , 2002 , and made significant progress on reviewing and evaluating proposed sewer and water projects . The next .meeting was scheduled for May 21 , 2002 to review the agricultural easement program funding request and to prioritize future park and trail projects . Regional Sewer Project Draft Environmental Impact Statement : Town representatives continued involvement in Integrated Sewer Committee discussions regarding the Draft EIS for the Inter- municipal Sewer Project, particularly focusing on providing direction to the consultant on evaluating agricultural impacts and other potential growth impacts . Agricultural Land Preservation Program : Town representatives met with the owners of an agricultural property on West Hill on April 5th , 2002 , and reached conceptual agreement on the acquisition of an agricultural conservation easement. The Attorney for the Town is helping with some preliminary details, after which a formal agreement will be drafted for consideration by the Town and the property owners . ITCTC Planning Committee : The Director of Planning attended the April 23 , 2002 meeting of the Ithaca-Tompkins County Transportation Council . The Committee discussed several ongoing projects, including the completion of the County Freight Study and the NESTS Transit Study (see below) . The Committee approved a resolution supporting adoption of the County Vital Communities Initiative Development and Preservation Principles. The Committee recommended a TIP (Transportation Improvement Program) amendment by the City of Ithaca to initiate a design study for the Stewart Avenue Bridge as an emergency project to rehabilitate or replace the bridge , which has been identified by the State as having structural problems . The joint meeting of the Planning and Policy Committees is scheduled for June 18 , 20021 . NESTS Transit Study: The Director of Planning attended the April 9 , 2002 meeting of the NESTS Transit Study Client Committee (representing Bill Lesser, the Town ' s Client Committee member) . The consultants presented a summary report with the results of their Market Research Study, which included a detailed telephone survey. A public meeting will be scheduled in late May. 3 i Cornell Veterinary College Waste Management Facility: The Deputy Supervisor and Planning staff reviewed the Draft EIS for the Cornell Veterinary College Waste Management Facility and sent a letter with comments on the DEIS to the State University Construction Fund in a letter dated April 24, 2002 (copies were provided to Town Board members) . Local Waterfront Revitalization Plan (LWRP) — Steering Committee : The Director of Planning attended a meeting of the LWRP Steering Committee on April 23 , 2002 , and addressed issues that are being revised in the final draft of the Cayuga Lake Waterfront Plan, including boat speed limits on the lake, swimming at Stewart Park, and zoning. Revisions of the draft Plan will take through the summer, and the County will bring the draft back to municipalities when completed, at which point the environmental review process will begin. Pew Trail — Design Report : Planning, Engineering and Highway staff completed a preliminary design report for the Pew Trail and submitted it to the State . This is a formal requirement of the grant which will fund a major portion of the project. 4 P Regular Meeting of the Ithaca Town Board May 8 , 2002 Human Resources Report for April Personnel Committee : Attached are the draft minutes from the April meeting . I have been working on the edits of the Personnel Manual with goal to get the draft to the committee members at the May meeting so that it can be discussed at the June meeting . Safety Committee : The committee met to discuss the edits of the manual received back from the editor. There were only some minor changes made . The draft manual has been forwarded on to the Public Works Committee for review. The committee also reviewed a recent incident injury report to determine if all safety procedures were followed . No procedure recommendations were made at this point. Kristie Rice , Assistant Director of Building and Zoning , held annual .CPR refresher training for 5 Town Hall employees . Kristie is a licensed instructor and requires that we only pay for the books . She will also be offering CPR training for employees who need the initial training later this spring . At Town Hall we conducted our first fire drill for 2002 . At this drill we blockaded the employee entrance so that employees had to use a secondary means of exit. The Ithaca Fire Department did a walk through tour of the building and raised the concern of 2 stairwells in the basement that lead to no-where that should be addressed in some manner. This will be added to the next agenda . Training and DE3velopment : The municipal training group has been assessing leadership pre/post testing mediums . The desire is to develop a means of testing leaders for strengths and weaknesses , so that the leader knows what skills they need to work on and what skills they are already succeeding at . This will be very important as the group moves forward with leadership skill enhancing seminars . Al Carvill and Lisa Carrier-Titti have completed the necessary courses to receive the Excellence in Supervisory Management Certificate . The second season of the Excelling as a Supervisor Series began with 2 employees attending . NYS & Local Retirement System held a Regional Employer meeting at City Hall , Ginger Dame , Director, Member & Employer Services Bureau and Michael Clenahan , Assistant Director, spoke about changes that are occurring at the retirement system and the processes involved . They also encouraged Internet reporting of our monthly reports , which we have begun to look into with Williamson Law Book . SHRM of TC sponsored Paul Limmiatis from Bond , Schoeneck and King , who covered important cases regarding the Family Medical Leave Act. The most significant decision was recently handed down from the U . S . Supreme Court regarding the Ragsdale V . Wolverine World Wide , Inc . case . This decision disagreed with the Department of Labor' s ruling that if an employer does not notify the employee they qualify for FMLA then any time they take off will not go against the 12 weeks the law allows . This was a win for employers . Personnel — Civil Service : Probationary reviews were completed for Lori Quigley and Connie Clark as required to pass probation . No further action required by the Town Board . Workers ' Compensation : There was a new injury that occurred in April . The employee broke his right foot. He is scheduled to return to work by the second week in May. This accident resulted in 30 calendar days of lost time . Disability Insurance : The employee that went out on disability in March due to an accident at home returned to work with no restrictions in April . Health Insurance : Univera Health Care notified me that Excellus would be eliminating this division effective December 31 , 2002 . 1 have begun meeting with health insurance representatives to begin gathering plan information . A formal request for proposals will be sent out in June . Submitted By: Judith C . Drake , PHR Human Resources Manager n Draft Draft Draft Town of Ithaca Personnel Committee Meeting April 10 , 2002 12 : 00 noon Members Present: Supervisor Catherine Valentino ; Councilman Will Burbank ; Cindy Wasleff, Court Clerk ; Dani Holford , Senior Typist ; Larry Salmi , Heavy Equipment Operator; Don TenKate , Working Supervisor Absent : Councilman William Lesser Support Staff: Judith C . Drake , Human Resources Manager Others Attending : Paul Tunison and Larry Parlett, SCLIWC Call to order: 12 : 00 p . m . Agenda Item #2 : Review of minutes of March 13 , 2002 meeting . Approved as read . Agenda Item #3 : Persons to be heard : None Agenda Item # 4 : Follow up on Town Board discussion on Credit Course Policy Changes from draft that was discussed by the Town Board and Personnel Committee : ( 1 ) Town will pay tuition up front instead of reimbursing employee . (2 ) Employee would have to reimburse the Town if they are unable to attend (and can 't receive refund ) or don 't receive a "C" grade or better. ( 3 ) Employee has to commit to six (6 ) months of employment with the Town of Ithaca for each semester paid , unless waived by the Town Board or reimbursed to the Town (Judy will create a form to be signed by the employee ) . (4 ) Remove the sentence about a course or two — since it no longer pertains . Paul Tunison questioned department heads having discretion about time off because some will be more flexible then others . However, it' s their responsibility to know the constraints of the department. This policy doesn 't coincide with required training because if they don 't get a "C" or better we can 't ask the employee to reimburse employer. It was discussed that this policy would not be limited to undergraduate courses . 1 l Draft Draft Draft Agenda Item #5 • Follow up on Town Board discussion on Sick Pay Maximum : The Town Board verbally agreed to increase accrual maximum of sick time from 135 days to 165 days . This change will take place immediately . The change will be included in the revised Personnel Manual the Town board will consider later this year. Agenda Item' #6 : Other Discussion : Larry Parlett asked why the vacation buy back (currently only offered to Bolton Point employees ) can 't be paid out now instead of in November. Employees are losing their vacation time now when they hit their max . Judy explained that November was chosen because it falls after the summer vacation season and gives the employee extra money just before Christmas . Don TenKate asked if the Town would be considering this for the Town employees this year. Judy Drake explained not this year but for 2003 , since it wasn 't budgeted for in 2002. Don also asked when the maximum accrual for vacation is looked at. Judy explained the 1St of every month , no longer at the end of the year like previous plans . Paul Tunison wanted to know if Judy had received any new health insurance premium information . Judy has not received anything from Univera yet so meetings will be based on current rates . Adjourned : 1 : 00 p . m . 2 OF ITS F TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 www . town . ithaca . ny . us Network/ Record Specialist Report for Town Board Meeting May 13 , 2002 Web site : Mar & Apr TOI web site hits 1400 c 1200 0 1000 Ull. (D 800 p Mar CL r 600 April x 400 200 ■ 0 Home Gov't Services Information Community Pages The new Draft Zoning Ordinance has been added to the site . ( See snapshot of new page attached) New Zoning Information linl< on the home page acts as a menu to the various ways people can view the information. The 153 -page document can be downloaded and printed out. It ' s also indexed by categories for viewing. There is also search feature where the visitor can enter a term and search the entire document. Lastly, the executive summary is hyper linked to the maps that are mentioned in boldface in the document. Maps are posted on this page and also under the Map section of the Services page . The Tour of the Town project is underway and slated for completion in a few months . Network: Completed the Network Functional Specifications for the new Public Works Facility' s local area network. These specifications are based on speaking with Highway Superintendent Fred Noteboom and staff about their current and anticipated IT needs . The Network Functional Specifications will be the basis for the Network Technical Specifications, which will include equipment specifications, basic configuration recommendations and general cost estimates . espectfully submitted, isa B . Carrier-Titti etwork/Record Specialist Daft Zoning Page 1 of 1 TOWN OF ITHACA ZONING REVISIONS Welcome to this new section of the Town of j Ithaca website ! It is dedicated to the revisions ! Town of Ithaca and updates of the Town ' s Zoning Ordinance and Map. _ Revised Zoning Ordinance Acrobat The entire document is adobe Reader available for online viewing, printing or downloading using Adobe Reader format. You can obtain the free Acrobat ' �a Reader by clicking on the icon to the left. Click here to review an indexed copy of the proposed Zoning Ordinance . You may also search the document for specific terms of interest by clicking her y ±` An executive summary which explains the proposed changes is available by clicking here. MAPS (click title below to view map) Relevant Maps are available which Proposed Complete Existing Complete summarize the proposed changes in the current Zoning Ordinance by clicking the Conservation and Industrial , Light Industrial titles at the right. Agricultural Planned Development Medium , High Density Public information meetings be held at Town Commercial Residential Hall Thursday, May 16th at 7 : 30pm and Mobile Home Saturday, May 18th at 9oMam. Doors will Low Density Residential , Multiple Residential , open 30 minutes before the meeting for Lakefront informal viewing of maps . If you are unable to view the maps , a free Please feel free to call Jonathan Kanter, R reader is available for download by clicking Director of Planning, or any of the other Adobe on the icon at the left . Planning staff at 273 - 1747 if you have any questions . Back Thanks for checking the site ! Would you like to be notified when info becomes available ? enter email address OK is private by ChangeDetection http://www.town. ithaca.ny.us/New%20Zoning%2OPage . htm 5/8/02 2002 TAX COLLECTION RECEIVER OF TAXES MONTHLY REPORT AS OF APRIL 30 , 2002 TOTAL NO. OF TAX BILLS ON WARRANT : 5111 TOTAL TOWN WARRANT (LEVY) : $4,036,944.00 01 / 18/02 1ST PAYMENT : TOWN OF ITHACA SUPERVISOR $ 17500 ,000 .00 01 /29/02 2ND PAYMENT : TOWN OF ITHACA SUPERVISOR $ 2 , 536 ,944 . 00 TOTAL WARRANT COLLECTED BY JANAURY 29TH : 14 036 944.0 MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR: 01 /31 /02 JANUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 11570 . 89 05/31 /02 FEBRUARY THRU MAY PENALTIES AND $2 . 00 SERVICE CHRG $ 00 .00 IN LIEU OF TAX PAYAlirENTS: 03/05/02 - ELLIS HOLLOW APARTMENTS PAID IN LIEU OF TAXES $ 28 , 880 . 29 03/05/02 - PAID TO TOMPKINS COUNTY BUDGET/FINANCE - CK # 616 $ 6 , 112 . 50 03/05/02 - PAID TO TOWN OFITHACA SUPERVISOR - CK # 617 $ 1 ,354 . 20 03/05/02 - PAID TO ITHACA CITY SCHOOLS - CK # 618 $ 211413 . 59 04/23/02 - ITHACA ELM-MAPLE HOUSES PAID IN LIEU OF TAXES $ 47 , 521 .00 04/23/02 - PAID TO TOWN OF ITHACA SUPERVISOR (FIRE) - CK # 624 $ 71280 . 85 04/23/02 - PAID TO TOWN OF ITHACA SUPERVISOR (TAXES ) - CK # 625 $ 21393 .42 04/23/02 - PAID ITHACA CITY SCHOOLS - CK # 626 $ 37 ,846. 74 TOTAL TOMPKINS COUNTY WARRANT : J49633,628922 02/ 11 /02 1ST PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 31200 ,000 . 00 02111 /02 2ND INSTALLMENTS TO BE COLLECTED BY T . C . BUDGET $ 3725632. 70 03/05/02 2ND PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 130 ,000 . 00 03/20/02 FRANCHISES PAID TOMPKINS COUNTY BUDGET/FINANCE $ 280 , 529 . 19 04/03/02 3RD PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 75 ,000 . 00 04/03/02 ADJUSTMENT TO BILL # 3328 $ 330 . 16 04/23/02 ADJUSTMENT TO BILLS # 2211A & 2211B $ 2 ,759 . 25 04/23/02 ADJUSTMENT TO BILL # 4897 $ 1 . 92 04/23/02 ADJUSTMENT TO BILL # 4975 $ 263 . 53 04/23/02 ADJUSTMENT TO BILL # 4976 $ 134 . 26 04/23/02 ADJUSTMENT TO BILL # 4991 $ 3 . 84 04/23/02 ADJUSTMENT TO BILL # 4994 $ 91590 . 00 04/23/02 ADJUSTMENT TO BILL # 5059 $ 11342 . 60 05/01 /02 4TH PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 120 ,000 .00 06/01 /02 5TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 00 . 00 06/ 10/02 UNPAID WHITE SHEETS RETURNED TO T . C . BUD/FINANCE $ 00 . 00 BALANCE DUE TOMPKINS COUNTY WARRANT : $ _441 ,040.7 MISCELLANEOUS PAIMENTS TO TOMPKINS COUNTY BUDGETIFINANC'E: 102/11 /02 FIRST INSTALLMENT SERVICE CHARGES $ 18 , 554 . 83 02/ 14/02 FIRST INSTALLMENT SERVICE CHARGES $ 76 . 89 03/5/02 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 11514 . 49 04/03/02 MARCH INTEREST RECEIVER ' S CHECKING ACCOUNT $ 73 . 14 04/30/02 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 75 . 36 05/31 /02 MAY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 00 . 00 CC O W > 0 �[ o[ W N > W cc W p W LLI > o[ z O O O z 0 O O > W Z O a) Z W q* M N O U Ln o ao U c U (o r: ct L C) (c o m r r (A V) (h (O (G Lf) r N RCT F- LO (0 h H_ f- H oo F- O F- O F- r (n fA U rn N rn CF) O) !n UJ fn O N W N O (n o L[) Uf) LO LO U) U) (D (O a a (L a a apps _ pa4t a a4t W W WY WY Y YW WWYW �ewW a WY D 0000 U 00 Da 00aL) 0U N Tr� N CO M CD 00 (D O (D O N LO O TCY) 0) O M O 00 Oq�T CO M M .- LO 00 (D qq 00 o O N CO (D (O V T M 00 N LO 00 LO O (D O T 00 P ` O r, O (D O T Cr) N (D �t M M N N q 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . 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N N Qa) U) N Z r r Q cr F- Att`�acl; For Executive Session (May 13 , 2002 ) LAW OFFICE OF APR 1 5 2002 e..� 4•'. s i PETER N . LITTMAN 308 NORTH TIOGA STREET ----- -------J ITHACA, NEW YORK 14850 f ra, s : : ; r; .. ; ry : ^ ; = ; Pt TELEPHONE ( 607) 277- 7527 FAX ( 607) 275-9141 PETER N. LIT MANS 'ALSO ADMITTED IN • PENNSYLVANIA • CALIFORNIA J. ANTHONY GAENSLEN, of counsel e-mail address: plittman @centralnylaw.com April 12, 2002 Town of Ithaca Attn: Jon Kantor 215 N. Tioga St, Ithaca, New York 144850 Re : Town Park Land Dear Jon: As you know, the Montessori School of Ithaca has been attempting to purchase two adjacent parcels of real estate from Evan Monkemeyer. Unfortunately, Mr. Monkemeyer has decided not to sell these properties at the present time . One of the parcels has been designated as a "Town Park", and the Montessori School has a deeded right to use that 1 . 68 acre parcel , subject to the Town' s rights. Our school has a vision and detailed plans for an athletic field and other improvements, which were originally proposed for the Monkemeyer properties. The Town already has copies of the deed and the surveys of the land. On behalf of the Montessori. School of Ithaca, we are writing to open the door to the possibility of developing the 1 . 68 acre parcel as an athletic field for the nearly 200 students who attend the school . Our hope is that there can be some type of cooperation or joint project between the school and the Town, which potentially could be beneficial to all parties and to the residents of the Town. We look forward to an opportunity to meet with the Town Board or Planners to explore this possibility . Thank you for your time and attention. Je Very.-f ly n � d'"ete LiLi111fSt PNL : lvo cc : Montessori School