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TB Minutes 2003-09-22
SPECIAL MEETING OF THE ITHACA TOWN BOARD MONDAY , SEPTEMBER 22 , 2003 @ 7 : 30 p . m . 215 NORTH TIOGA STREET , ITHACA, NEW YORK AGENDA 1 . Call to order 2 . 7 : 35 p . m . — Public Hearing — Regarding the Increase in Costs of Providing a Proposed Phosphorous Removal Project for the Sewage Treatment Plant in the City of Ithaca Serving the Town of Ithaca Pursuant to Article 12 - C of the Town Law 3 . Consider Conditioning Award of Contracts for Joint Sewage Treatment Plan Plant Phosphorus Removal Project Upon Receipt of Evidence of State Grant Funding Being Awarded for the Project 4 . Consider Approval of Public Interest Order regarding the Increase in Costs of Providing a Proposed Phosphorous Removal Project for the Sewage Treatment Plant in the City of Ithaca Serving the Town of Ithaca Pursuant to Article 12 - C of the Town Law 5 . Discussion of Youth Member to Conservation Board 6 . Consider Setting Special October 2003 Town Board Meeting 7 . Consider Approval of Agreement Providing for Traffic Control at Boynton Middle School 8 . Discussion regarding Draft Sidewalk Policy 9 . Report/presentation regarding traffic data analysis in conjunction with Transportation Plan and Sheriff ' s speed patrol program 10 . 2004 Budget request for continuation of Sheriff' s speed patrol program and elements of Transportation Plan 11 . Consider Approval of Speed Limit Reduction Request for East King Road 12 . Consider Approval of Speed Limit Reduction Request for Coddington Road 13 . Consider Approval of Speed Limit Reduction Request for Troy Road 14 . Correspondence a . 9/5/2003 Letter from The Country Club of Ithaca re Liquor License renewal b . 9/ 12/2003 Petition regarding 220 Tareyton Drive c .. 9/ 12 Letter from Karen Scott re Mutual Housing Association proposal 15 . Consider Adjournment TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Monday , September 22 , 2003 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION 2 . Of, IT _ TOWN OF ITHACA 215 N . Tioga Street, ITHACA , N . Y . 14850 TOWN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal. Location of Sign Board Used for Posting : Town Clerk's Office 215 North Tioga Street Ithaca , New York 14850 LEGAL ADVERTISEMENT : ORDER FOR PUBLIC HEARING IN THE MATTER OF INCREASING THE COSTS OF PROVIDING A PROPOSED PHOSPHORUS REMOVAL PROJECT FOR THE SEWAGE TREATMENT PLANT Date of Posting : September 9 , 2003 Date of Publication : September 11 , 2003 STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Tee-Ann Hunter, Town Clerk Town of Ithaca �0 Sworn to and subscribed before me this (�. , day of V 2003 LORI L OUIGLEY Notary Public, State of New York No. 01 OU6012333 Qualified in Tompkins County Commission Expires August' 20, 20. 0 4q ORDER FOR A PUBLIC HEARING: In the Matter of Authorising the Increase in . Costs of Providing a Proposed Phosphorus Removal Protect for the Sewage Treatment Plant in the City of Ithaca Serving the Town of Ithaca Pursuant to Article 11-C of the Town Law. At a Regulor Meeting of the Town Board of the. Town of Ithaca, -Tompkins County, New York, .held of 215 , North Tiogga Street, in Ithaca, - New York, on the 8th day of Sep- (ember, 2003, at 5:30 o'clock P.M. Prevailing Time. , PRESENT: Supervisor ' Catherine Valentino Councilperson Mary Russell ` — Councilperson David Klein Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Thomas Niederkorn ' Councilperson Will Burbank ABSENT* None WHEREAS, the Town Board of the Town of Ithaca on April 8, 2002, authorized, subject to a permissive 'refer- endum, the expenditure of, up to $ 1 ,681. 800.50, as the Town's share of the jointly funded project cost of $4, 115,00.00 for the construction and equipping of the . Joint Sewage Treatment Plant. Phosphorus Removal Im- provement Project at the sewage treatment plant in the City of Ithaca managed jointly with the Towns of Ithaca and, Dryden providing sewage treatment services for the Town-wide sewer im rovement; and _ WHEREAS, no referendum was requested, and accord- 1 ingly the Town consented to. the City of , lthaca soliciting bids for the project; arid' WHEREAS, the City of Ithaca has received bids for the work, and the cost of bids, together with other amounts re- lated to'the work, exceed :$4, 115,000; and WHEREAS, rather than reduce the scope of the project, and in order to provide for a reasonable contingency in the event unforeseen circumstances arise during the prog- ress of construction that would require additional funds, I the Town Board believes it advisable to increase by $333,500 the overall expenditure for the project, makingg a total authorized expenditure of $4,448,500 for such project, and increasing the authorized amount of the 9 share of such project payable by the Town by $ 136,097, r making the Town's total shore $ 1 ,817,897.60; and . WHEREAS, a supplement to the plan, report and map : = prepared by Stearns and Wheler, Professional Engineers, . relating to the increase in the cost of such improvement, has been duly prepared in such manner and in such detail. as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, and has . been filed in the office of the-Town Clerk where it is avail i able for public inspection; and r WHEREAS, the area of said Town determined fo be benefitted by said Joint Sewage Treatment Plant Phospho" y rus Removal Improvement Project consists--of the entire -, area of said Town excepting therefrom the area contained I within the Village of Cayuga Heights, and . • ' WHEREAS; it is now desired to calla public hearing; for the purpose of considering ,said increase iw cbsts of pro ter • viding the said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project, and the execution of any re- lated agreement, and to hear all persons interested in the _ subject thereof, all in accordance with :the provisions of Section 209 q of the'Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: t Section 1 . A public hearing will be held at 215 North Tioga Street, in said Town, on the 22nd ' day of Septem• � ' ber; 2003, at 7:35 o'clock P.M., to consider the pro" ' Posed increase in the cosh of providing said Joint Sewage ' Treatment Plant Phosphorus Removal Improvement Project. w , and to hear all persons interested in the subject thereof ' and concerningg the some and to take such •action thereon j as is required by law. Section 2. The Town Clerk of the Town of Ithaca, 3 Tompkins County, New York, is hereby authorized and di- rected to cause a copy of this order to be published once in The Ithaca 'Journal, and also to post a copy thereof on '. the Town Signboard maintained by the Clerk, not less,, than ten nor more than twenty days before the day desig- i noted for the hearing as aforesaid, all in accordance with .' ' the provisions of Section 209 q of the Town Law.' Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Supervisor Valentino, seconded by Coun cilman Klein, duly put to a vote on a roll call, which result" . ed as follows: Supervisor Valentino Voting.aye Councilwoman Russell Voting aye Councilman Klein , Voting aye Councilwoman Grigorov Voting aye Councilman Lesser Voting aye Councilman Niederkorn Voting aye _.' • - Councilman Burbank Voting aye The order was duly adopted: J/' Tee-Ann, Hunter, Town Clerk September 11 , 2003 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 SPECIAL MEETING OF THE ITHACA TOWN BOARD MONDAY , SEPTEMBER 22 , 2003 BOARD MEMBERS PRESENT : Supervisor Valentino , Councilwoman Russell , Councilman Klein , Councilman Lesser, Councilman Burbank . EXCUSED : Councilwoman Grigorov ,, Councilman Niederkorn . TOWN OFFICIALS AND STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Attorney for the Town ; Dan Walker , Town Engineer; Fred Noteboom , Highway Superintendent ; Jon Kanter ; Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager; Andy Frost , Director of Building and Zoning OTHERS PRESENT : Dave Auble , 610 Coddington Road . CALL TO ORDER : The meeting was called to order at 7 : 30 p . m . and Supervisor Valentino led the assemblage in the Pledge of Allegiance Additional Agenda Item No . 1 — Sale of Water to Ulysses Supervisor Valentino asked to add an additional item to the agenda . It is necessary to change the wording in the agreement for the sale of water to Ulysses . The agreement needed to be changed from a 10-year agreement to a 30-year agreement . The State would not approve funding for Ulysses if the project was only for 10 years and the borrowing was for 30 years . The board agreed to discuss the item at the end of the agenda . Agenda Item No . 2 - 7 : 35 p . m . — Public Hearing — Regarding the Increase in Costs of Providing a Proposed Phosphorous Removal Project for the Sewage Treatment Plant in the City of Ithaca Serving the Town of Ithaca Pursuant to Article 12 -C of the Town Law ( Attachment # 1 - Stearns & Wheler Letter , City of Ithaca Resolution , and Project Forecast ) Supervisor Valentino opened the public hearing at 7 : 35 p . m . Ms . Hunter had proof of posting and publication . Supervisor Valentino closed the public hearing at 7 : 36 p . m . Agenda Item No . 3 & 4 - Consider Conditioning Award of Contracts for Joint Sewage Treatment Plan Plant Phosphorus Removal Project Upon Receipt of Evidence of State Grant Funding Being Awarded for the Project & Consider Approval of Public Interest Order Regarding the Increase in Costs of Providing a Proposed Phosphorous Removal Project for the Sewage Treatment Plant in the City of Ithaca Serving the Town of Ithaca Pursuant to Article 12 -C of the Town Law Mr . Walker contacted Mr . Fabbroni for documentation guaranteeing the grant funding from the State . In turn , Supervisor Valentino received a letter from Mr. Fabbroni regarding the receipt of grant money by the City . Supervisor Valentino read the letter to SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 the board ( attachment # ) . In his letter, Mr . Fabbroni refers to a letter from Sharon Moore , which gives project numbers and not project names . Supervisor Valentino did not know if the phosphorus removal project was one of the projects listed in the letter . The amount given regarding each project did not match the funds for the phosphorus project . Attorney Barney added the reimbursement in the City resolution is incorrect . The Town 's share is listed as the reimbursement . Supervisor Valentino read the letter from Ms . Moore to the Board (see attached letter) . The letter explained the money had been allocated and set aside , but before the money can be received there needs to be a signed contract . The projects listed in Ms . Moore ' s letter are bond act contracts the City of Ithaca has with other municipalities . Supervisor Valentino felt it is important for the Town to pass a resolution conditioning award of contract for the project upon documentation that the City has been awarded grant money . Attorney Barney suggested a reversal of the agenda items . He thought the Town should authorize the project in a way that on the face of it allows the project to move forward . The board would then pass a resolution stating award of contract is conditional upon receipt of the grant money . Councilwoman Russell mentioned the Public Interest Order did not indicate the Town is not moving forward with the project if the bond act funding is not received . Attorney Barney responded it is typically done in that way . The project is authorized and then the contracts are reviewed . Frequently , there would not be a contract price at the time of the Public Interest Order . Supervisor Valentino felt the wording in the conditional resolution was pretty strong . Attorney Barney responded that the resolved specifies the project will not be funded until the Town receives the fully executed agreement between the State of New York and City of Ithaca . The worse that can happen is if the Town does not receive the information needed , then the Town can postpone the project until early 2004 and send it back out to bid . Stearns & Wheler and Larry Fabbroni are concerned that the bid might come in higher next year . The argument for the bid coming back high was because construction would be occurring in the winter and the cost of cement and other items are higher during winter months . Supervisor Valentino is not uncomfortable with putting the project off until 2004 . She feels the bids could come in lower . Mr . Walker explained there were eight bidders on the general contract . The City extended the bid date by one week to allow another contract to bid , which is questionable . Councilman Burbank asked how long the bids remain valid . Mr . Walker responded bids are valid for 45 days . 2 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 The board decided to pass the public interest order before the resolution conditioning award of contract upon evidence of State grant funding . TB RESOLUTION NO. 2003= 124; PUBLIC INTEREST ORDER In The Matter of the Proposed Phosphorus Removal Project For the Sewage Treatment Plant in The City of Ithaca Serving the Town of Ithaca to be known as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project for the Town of Ithaca, Tompkins County, New York pursuant to Article 12-c of The Town Law. At a special meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in the City of Ithaca, New York, on the 22nd day of September, 2003, at 7:30 o 'clock p. m . prevailing time . PRESENT. Supervisor Catherine Valentino Councilperson Mary Russell Councilperson David Klein Councilperson William Lesser Councilperson Will Burbank ABSENT. Councilperson Carolyn Grigorov Councilperson Thomas Niederkorn WHEREAS, the Town Board of the Town of Ithaca by Public Interest Order adopted on June 93 2003, authorized, subject to a permissive referendum, the expenditure of up to $ 1 , 681 , 800. 50 as the Town 's contribution towards the $4, 115, 000 cost of constructing a phosphorus removal facility at the joint sewage treatment plant in the City of Ithaca managed by the City jointly with the Towns of Ithaca and Dryden (the "Joint Sewage Treatment Plant Phosphorus Removal Improvement Project" sometimes also referred to as the "Improvement ') which Improvement is more fully described in the Public Interest Order adopted June 9, 2003, which description is incorporated into this resolution as if fully set forth herein; and WHEREAS, the Town consented to the solicitation of bids for the Improvement prior to the expiration of the thirty day period for applying for a referendum, conditional on no bids being accepted until the 30 day period had expired and no petition for a referendum was filed; and WHEREAS, the City of Ithaca solicited and received bids for the project; and WHEREAS, the costs of the bids, together with other amounts related to the work, exceed $4, 115, 000; and WHEREAS, rather than reduce the scope of the project, and in order to provide for a reasonable contingency in the event unforeseen circumstances arise during the progress of construction that would require additional funds, the Town Board believes it 3 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 advisable to increase by $333, 500 the authorized expenditure for such project and to increase the Town 's contribution towards the cost of said project by $ 136, 301 . 45; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on September 8, 2003, calling a public hearing to consider the authorization of the expenditure of the increased amounts for the Improvement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law and applicable provisions of the General Municipal Law, and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, the Improvement was previously determined to be an "Unlisted Action " pursuant to the laws and regulations of the Town of Ithaca adopted pursuant to the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation promulgated thereunder, the implementation of which as proposed, the Town Board determined on June 9, 2003, would not result in any significant environmental effects; and WHEREAS, the scope and nature of the project has not changed from that which existed at the time of the negative determination of environmental significance, only the cost, and thus the increase in the expenditure for the project does not result in any change that would require additional environmental review; and WHEREAS, it is now desired to authorize the increase in expenditures for the project; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Town Board of the Town of Ithaca as follows: Section 1 . It is hereby determined that it is in the public interest to make the improvement hereinafter described at the increased cost hereinafter set forth , and such sewer improvement at such increased cost is hereby authorized. The proposed area hereby determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The Improvement shall consist of construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream, adjacent to the final effluent channel at the sewage treatment plant located at 525 Third Street, Ithaca , New York, operated jointly 4 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 for the benefit of the City of Ithaca and the Towns of Ithaca and Dryden, together with associated controls, piping, and other structures. Section 3. The Town of Ithaca, subject to the approval of the voters of the Town of Ithaca if a referendum is requested, hereby authorizes an increase in the expenditure by the Town for its share of the cost of such previously authorized Improvement of $ 136, 601 . 45, making the total maximum amount authorized to be paid by the Town towards the cost of such Improvement $ 1 , 818, 101 . 95, as the Town 's share of the jointly funded project cost of $4, 448, 500. 00 for the construction, installation, and equipping of such project and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project " and all of such actions being authorized pursuant to Section 209-q of the Town Law. Section 4 . $4, 448, 500 is now estimated as the maximum cost for Project and $ 1 , 818, 101 . 95 estimated as the maximum amount of the Town 's share of the cost of the Project. Section 5. The plan for the financing of the Town 's share of the costs of the Project consists of payment from surplus funds of the Town of Ithaca Sewer Benefitted Area Account to pay for the costs of such renovation, expansion, construction and equipping costs. Section 6. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Section 7. It is not anticipated that the Town will finance the cost of such sewer improvement by the issuance of any bonds, notes certificates or other evidences of indebtedness of the Town, and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 8. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 9 . This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q . The question of adoption of the foregoing resolution and public interest order was, upon motion made by Councilwoman Russell, and seconded by Councilman Lesser, duly put to a vote on a roll call, which resulted as follows: 5 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 Supervisor Valentino Voting aye Councilperson Russell Voting aye Councilperson Klein Voting aye Councilperson Lesser Voting aye Councilperson Burbank Voting aye The resolution and public interest order was thereupon declared duly adopted. Councilman Klein asked if the Town was being too restrictive by requesting a fully executed agreement . New York State could take a long time to send out a contract .. Supervisor Valentino responded yes , the Town is being restrictive . She wants to push for the best evidence the Town is able get . Supervisor Valentino thought she would question the Fetter even if the right accounts were listed . Attorney Barney added the resolution could be reconsidered at a later time if appropriate evidence is given to the board . Mr . Walker stated Cayuga Heights has a signed contract with the State regarding an upgrade on their plant . It is not impossible to get a signed contract with proper documentation . Councilman Klein felt it was reasonable to leave the language in . Supervisor Valentino added it puts pressure on for good documentation . She felt it was better to be stronger and not weaker in what the Town wants from the City . Councilman Klein added there is a 30-day window . Supervisor Valentino added she explained to Mr . Fabbroni three weeks ago that the Town Board needed this information . The fax from Mr . Fabbroni was received September 22 , 2003 , the day of the board meeting . TB RESOLUTION NO. 2003- 125: CONDITIONING THE AWARD OF CONTRACTS FOR THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL PROJECT UPON RECEIPT OF EVIDENCE OF STATE GRANT FUNDING BEING AWARDED FOR THE PROJECT WHEREAS, the Town Board has, by public interest order adopted September 22, 2003, authorized an increase in the Town 's share of the cost of the Joint Sewage Treatment Plant Phosphorus Removal Improvement (the "Project') , subject to the possibility of a permissive referendum; and WHEREAS, the Town has authorized the Town 's involvement in the Project upon the understanding that the Project would receive grant funds from the State of New York in 'the total amount of at least $2, 775, 000 of which at least $ 1 , 134 , 142. 50 would be credited against the Town 's newly authorized contribution of $ 1 , 818, 101 . 95 making the actual final cost to the Town of $683, 959 . 45; and WHEREAS, the Town is not willing to fund the Project unless it has assurances from the State of New York that the grant funds will be provided for the Project; and WHEREAS, the Town is not willing to commit to funding the Project until the time period for the petition for a permissive referendum on the resolution and public interest 6 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 order authorizing the increase in expenditures for the Project has expired and no petition is filed, or if filed, the referendum is held and the resolution and public interest order is approved; NOW, THEREFORE, be it RESOLVED, that the Town will not pay any portion of the costs of the Joint Sewage Treatment Plant Phosphorus Removal Improvement until the following conditions have been met: 1 . The Town has received a copy of a fully executed agreement between the State of New York and the City of Ithaca pursuant to which the State of New York has committed to providing at least $2, 775, 000 in grant moneys from the 1996 Bond Act Funds towards the cost of the Phosphorus Removal Project; and 2. The adoption of the public interest order approving the increase in the authorized payments for the Joint Sewage Treatment Plant Phosphorus Removal Project is published and posted in accordance with applicable law, a period of 30 days has elapsed since the adoption of such public interest order, and no petition for a referendum has been received by the Town of Ithaca or, if received, a referendum has been held and the public interest order has been approved by the voters; and it is further RESOLVED, that no contracts for the construction of the Project be awarded until the above conditions have been met; and it is further RESOLVED, that the Town Clerk is hereby requested to transmit a copy of this resolution as soon as possible to the Mayor of the City of Ithaca and to the City of Ithaca Engineer. MOVED: Supervisor Valentino SECONDED: Councilman Klein VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Burbank, aye . Motion carried unanimously. Agenda Item No . 9 — Report/Presentation Regarding Traffic Data Analysis in Conjunction with Transportation Plan and Sheriff' s Speed Patrol Program ( Attachment # 2 - Transportation Plan Annotated Outline ) Councilman Lesser thanked the board for allowing the Transportation Committee time to present their past work . Ms . Tedesco , Planning Department Intern , has been working with the Transportation Committee on traffic data analysis . The Board allocated money for additional Sheriff' s patrolling and she has been documenting the additional patrolling activities . Volumes and speeds were tested prior to the additional enforcement period and then subsequent to it , two rounds of enforcement were done spring 2003 . Ms . 7 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 Tedesco has plotted this data . The committee looked widely at a number of key roads in the Town and the best way to present the data . The information was used to plan for the next round of enforcement . Mr. Kanter added the committee had been discussing transportation plan elements and part of the whole process of collecting and analyzing data for the transportation plan . Kevin Denton started putting the data together in 2002 . Ms . Tedesco gave the board an overview of the data collected . Materials were provided . to the board in their packet ( see attachment # ) . Pine Tree Road had extensive data taken . Eventually there will be a profile for every road in the Town of Ithaca . Attorney Barney inquired why the total number of speeders was larger than the total number of cars after the enforcement period . Ms . Tedesco explained that in order to show the data on the same graph , she divided the volume on the road by 10 . Attorney Barney added it indicates that the volume dropped drastically after the speed enforcement . Ms . Tedesco stated weather conditions and days of the week are not taken into account and that information will be provided in the final report . Mr . Kanter explained the special patrols worked on peak hours . Supervisor Valentino added it is hard to speed when there are a lot of cars on the road . Councilman Lesser agreed . The speed drops at the beginning of the rush period . Pine Tree Road is one of the more heavily traveled roads . The data is used to realize if the Town is going to have enforcement at that time , Pine Tree Road might not be the best place to do it because the volume restrains the speed of traffic . The committee is going to discuss changing the time or moving the patrols to another road where people are likelier to speed . During the initial round , the committee tried to cover a number of roads . Patrolling was limited in any one location . The committee is going to look at a more sustained process to have an impact . Supervisor Valentino felt it is important to be getting real data on traffic . It is cost effective because the Town is isolating areas and identifying where additional patrols are needed . The work the committee has been doing is great . The Town is fortunate to have hardworking interns that are able to dedicate time to the project . Mr . Kanter added that a lot of the data collection is done on the newly purchased traffic counters . The Highway Department has been installing them and providing Ms . Tedesco with the data . Staff is gaining the knowledge of how to use them . Councilman Burbank did not expect to be able to document response to the enforcement . He asked if the Town has studied literature that indicates how much enforcement is necessary to see a change . Mr . Kanter responded that this is new to the Sheriff' s Department as well . They have an inherent sense of where they think patrolling helps just from experience and accidents . The Town used some of the initial volume and accident information collected earlier to focus in on stretches of roads that are susceptible to safety issues . Research really has not been done on thresholds for 8 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 how much enforcement has to be done . Councilman Burbank assumes it would have been studied nationally . Mr. Kanter felt it works very well in places with on going patrolling , like Cayuga Heights . He thought the other part was with the competing need for County resources and shifting of funding away from the Sheriff' s Department . The committee thought the first step would be a demonstration program and to see if continued monitoring might help the board make decisions . Supervisor Valentino added the Sheriff' s Department was impressed with the information the Town had obtained . Councilman Lesser said the committee has not seen any systematic studies , but change takes perseverance . Ms . Tedesco pointed out the work that has been done so far has been to educate staff and the public . It is a working model of how to do it in the future . Councilman Lesser added it is factual data . The Transportation Committee is sending out a resident survey with the Newsletter to get public input . Supervisor Valentino hoped for a good return on the surveys . Councilman Klein asked if the Comprehensive Plan contained traffic data . Councilman Lesser responded it did . Councilman Klein asked if staff would be comparing old data with new data and looking from trends . Ms . Tedesco replied they do have data going back to 2000 on certain roads . The data is used where it is compatible . Ms . Hunter distributed the general outline from the Transportation Committee to the board . The plan was put together after the committee read plans from other communities around the State . It is a very comprehensive outline and the committee would like board comments . Agenda Item No . 5 — Discussion of Youth Member to Conservation Board ( Attachment # 3 - Letter from Conrad Istock with attachments ) Supervisor Valentino thought it is a good idea to encourage youths to serve on the Conservation Board , but had reservations about reserving a specific seat for a youth member . She asked if the local law would have to be changed to allow for it . Attorney Barney responded it is under the State Law governing Conservation Advisory Council . Youth members are addressed under Conservation Councils , but not Conservation Board . He was unsure if youth members applied to Conservation Boards as well . Supervisor Valentino asked if the board wanted to have a special seat for a youth member only , or to encourage the Conservation Board to fill at least one or more of their associate seats with interested youth . She would rather leave it open and not have a dedicated seat . Councilman Lesser would like to see youth participation , but was unsure if youths are more deserving of special treatment on the board . 9 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 The Town Board decided to encourage the Conservation Board to solicit youths for participation as associates, but would not create a specific youth member position on the board. Agenda Item No . 6 - Consider Setting a Special October 2003 Town Board Meeting Supervisor Valentino would like to hold a special meeting in October for more discussion on the 2004 budget and the upcoming developments on West Hill . The Town Board set a special meeting for Thursday, October 23, 2003, at 6:30 p . m . Agenda Item No . 7 - Consider Approval of Agreement Providing for Traffic Control at Boynton Middle School ( Attachment # 5 - Agreement ) The Town provides funding for the Sheriff' s Department to provide traffic control at Boynton Middle School . The cost for overtime has increase due to the new labor contract with the Sheriff' s Department . TB Resolution No. 2003 426: Authorize Supervisor to Renew Agreement with Sheriff's Deputy for Traffic Control at Boynton School RESOLVED, that the Town Board of the Town of Ithaca authorize the Town Supervisor to enter into an agreement with the Tompkins County Sheriff `s Department and Ithaca City School District providing a Deputy Sheriff at Boynton Middle School for morning traffic control during the discharge and pick-up of students at a total cost of $ 111000. 00)- $4, 500. 00 to be paid by the Town and $6, 500. 00 to be paid by the School District, such agreement to contain such terms as the Town Supervisor may approve, her execution of such agreement to be due evidence of such approval. MOVED. Councilman Lesser SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Burbank, aye . Agenda Item No . 8 - Discussion Regarding Draft Sidewalk Policy ( Attachment # 4 - Draft Sidewalk Policy ) Councilman Lesser explained the Transportation Committee realized the Town did not have a Sidewalk Policy addressed in the subdivision regulations . This has been brought on by some of the proposals before the Planning Board . The Committee discussed sources of funding . The first potential source of funding is a developer and the Town could require the construction of sidewalks as part of the project . The second source of funding would be to spread the cost over a large group . The committee realized that sidewalks for Coddington and Hanshaw Roads would be for a larger group of users 10 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 than just the residents . The committee questioned if it was equitable to expect the landowners to pay all the cost when a lot of the benefits would be distributed . The Transportation Committee wrote a draft policy , which provides a basis for deciding when it would be appropriate to expect the residents and the developer to build , and when it might be appropriate for the Town Board to consider spreading the cost over a larger group . The Committee also wanted to provide guidelines for the newly developed areas . It might help the Planning Board to decide whether or not it is appropriate to require sidewalks as part of a subdivision project . It would be easier for developers if they had some idea of under what circumstances the request for sidewalks would be more likely . The policy is intended to be guidelines . Mr . Kanter added the board was provided with a copy of the Sidewalk Ordinance adopted in 1992 . The Sidewalk Ordinance did not provide a lot of information . The Subdivision Regulations do not clearly define the requirements for sidewalks . He felt the Planning Board would like something that provides a specific statement of the requirements . The developer for the Danby Road subdivision would like to put in sidewalks , but is unsure of what kind of sidewalks should be developed and who would be responsible for maintaining it . It is clearly established that the subdivision should have sidewalks . This would provide guidelines to apply in that situation . Supervisor Valentino thought the draft Sidewalk Policy is very concise and provides good guidelines . Mr. Kanter added the policy would be going to the Public Works Committee and Planning Board for comments . Supervisor Valentino asked the board if they wanted to pass a resolution that adopts it as a policy for the Town , or as an ordinance . Supervisor Valentino preferred to make it a policy . Attorney Barney thought sections of the Town Law should be noted in the policy . He added it would be appropriate to use it as guidelines . Supervisor Valentino agreed . She suggested the Codes and Ordinances Committee review the draft policy . Mr . Kanter felt the Town Board could accept the concept of the guidelines so when the preliminary subdivision approval is granted for the Danby Road Subdivision , it can be conditional upon acceptance of the sidewalk . He does not think it will be standard in every subdivision , but it should be applied where appropriate . Supervisor Valentino asked if they should take a closer look the 1992 Ordinance and make sure the guidelines are consistent with it . Mr . Kanter suggested the Board consider adopting the draft Sidewalk Policy by resolution for an interim policy as guidance for subdivisions . The Transportation Plan will have specific detail about pedestrian and bicycle facilities to tie in with the sidewalk policy . Mr. Kanter offered to draft up a resolution accepting the concept of the sidewalk guidelines . The board agreed to adopt the guidelines by resolution at the next Town Board meeting . 11 I SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 Agenda Item No 11 — Consider Approval of Speed limit Reduction Request for East King Road Mr. Noteboom explained the speed limit reduction requests before the Board are from the Transportation Committee . The speed limit on East King Road is currently 45 mph and the request is for 40 mph . Councilman Lesser added the Transportation Committee would like to make the speeds with interconnecting roads more consistent . People have seemed to adopt the higher speed limit . An area wide speed limit would have a greater chance of the speed limit being adhered to than at present . The committee also tried to pick a number that would be most acceptable to the State . Supervisor Valentino asked if the County would have to apply or if the Town could do it directly . Mr . Noteboom responded the requests would need to go the County Highway Manager . The County makes gives their opinion of the request and then the requests are forwarded to the State . The State will take speed counts and count the driveways on the road . Supervisor Valentino stated she would like the rational behind the request included in the resolution . The Town will have a better chance of receiving the speed limit reductions if there is a good reason behind it . TB RESOLUTION NOR 2003427 • Speed Limit Reduction Request for East King Road Whereas : East King Road is a Tompkins County road within the Town of Ithaca; and Whereas: East King Road has seen significant development with the addition of many driveways entering onto roadway and; Whereas: There have been the addition of several intersecting roads and; Whereas: East King Road has steep grades and a school zone ; and Whereas. The Transportation Committee for the Town of Ithaca has requested of the Town Board of the Town of Ithaca for a speed reduction on East King Road, now there be it: Resolved: That the Town Board of the Town of Ithaca hereby request that a 40mph speed limit be established on East King Road from State Route 96B to Coddington Road. MOVED. Councilman Lesser SECONDED: Councilman Burbank 12 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 VOTE: Supervisor Valentino, aye, Councilwoman Russell, aye; Councilman Klein, aye, Councilman Lesser, aye ; Councilman Burbank, aye . Agenda Item No . 12 — Consider Approval of Speed Limit Reduction Request for Coddington Road TB RESOLUTION NO. 2003= 128: Speed Limit Reduction Request for Coddington Road Whereas: Coddington Road is a Tompkins County road within the Town of Ithaca; and Whereas: Coddington Road has had extensive development with the addition of many driveways; and Whereas. There has been extensive development on Coddington Road and the surrounding area, including the expanding childcare programs at Coddington Road Community Center; and Whereas: The roadway characteristics; including poor sight distances, sharp grades and turns, and an increase in the speed and number of vehicles combine to create a hazard; and Whereas: The Transportation Committee for the Town of Ithaca has requested of the Town Board of the Town of Ithaca a speed limit of 40MPH on Coddington Road from the Town of Ithaca Town line to Troy Road at the intersection of Coddington Road and Troy Road; now therefore be it Resolved: That the Town Board of the Town of Ithaca hereby request that a 40 MPH speed limit be established on Coddington Road from Troy Road to the Town of Ithaca town line . MOVED. Councilman Lesser SECONDED : Supervisor Valentino VOTE: Supervisor Valentino, aye ; Councilwoman Russell, aye; Councilman Klein, aye; Councilman Lesser, aye, Councilman Burbank, aye . Motion carried unanimously. Agenda Item No . 13 — Consider Approval of Speed Limit Reduction Request for Troy Road TB RESOLUTION NO, 2003= 129: Speed Limit Reduction Request for Troy Road Whereas: Troy Road is a Tompkins County road within the Town of Ithaca; and Whereas : Troy Road has had extensive development with the addition of many driveways, and 13 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 Whereas: The Deer Run development is nearly fully developed with additional development on East King Road; and Whereas: Troy Road has reduced speed zones surrounding it, as well as increased traffic; and Whereas: The Transportation Committee for the Town of Ithaca has requested of the Town Board of the Town of Ithaca a speed limit of 40MPH on Troy Road from the intersection of East King Road and Troy Road to the intersection of Coddington Road and Troy Road; now therefore be it Resolved: That the Town Board of the Town of Ithaca hereby request that a 40 MPH speed limit be established on Troy Road from East King Road to Coddington Road. MOVED: Councilman Lesser SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Burbank, aye . Motion carried unanimously. The Town Board decided to pass a similar resolution for a speed limit reduction request for Burns Road . TB RESOLUTION NO, 2003430: Speed Limit Reduction Request for Burns Road Whereas; Burns Road is a Town road with in the Town of Ithaca; and Whereas: The roadway characteristics; including poor sight distances, sharp grades and turns, and an increase in speed and the number of vehicles combine to create a hazard; and Whereas: South Hill Recreationway has an entrance on Burns Road with many pedestrians parking vehicles and using that entrance; and Whereas: The adjoining roads have speed limits of 45 MPH posted on them; and Whereas: The Transportation Committee for the Town of Ithaca has requested of the Town Board of the Town of Ithaca a speed limit of 40 MPH on Burns Road from Coddington Road to New York State Route 79; now therefore be it Resolved. That the Town Board of the Town of Ithaca hereby request that a 40 MPH speed limit be established on Burns Road from New York State Route 79 to Coddington Road. MOVED: Councilman Lesser 14 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye, Councilwoman Russell, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Burbank, aye. Motion carried unanimously. Additional Agenda Item No . 1 — Sale of Water to Ulysses ( Attachment # 6 - Copy of prosposed agreement ) Supervisor Valentino recapped that the Mr . Walker , Attorney Barney and herself had a meeting with the Town of Ulysses . Ulysses asked that the time of the agreement be amended . It is changing from a 10-year contract to a 30-year contract . Attorney Barney has put together a resolution that incorporates the changes Ulysses needs . The approval of SEQR is combined within the proposed resolution . TB RESOLUTION NO. 2003- 131 : Resolution for Consideration by Member Municipalities Re_gardin_q Agreement to Allow Sales to the Town of Ulysses WHEREAS, the Town of Ulysses ("Ulysses ') has approached the Town of Ithaca ("Ithaca " and the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission ') requesting that Ulysses be permitted to purchase water from Ithaca supplied by the Commission to service Water District Number 3 in Ulysses, a water district formed to alleviate a long-standing water potablity problem that has plagued the Hamlet of Jacksonville for many years, which water district would also provide water for other residents in the southern part of Ulysses; and WHEREAS, Ithaca has expressed willingness to provide such water if the other member municipalities of the Commission authorize Ithaca to so act by amending the intermunicipal agreement pursuant to which the Commission was formed and operates (the `Intermunicipal Agreement') , and WHEREAS, a proposed agreement so amending the Intermunicipal Agreement has been provided to this Board for review and consideration (the "Amendatory Agreement '); and WHEREAS, Ulysses as lead agency has conducted an environmental review of the proposed district and the provision of water to such district pursuant to Part 617 of the implementing regulations of the State of New York pertaining to Article 8 (State Environmental Quality Review Act or "SEQR ') of the New York State Conservation Law and has determined that creation of such district, the construction of the related water system, and the obtaining of water for such district would not have a significant effect upon the environment and could be processed without further regard to SEQR; and WHEREAS, at the time such determination was made it was not clear that Ulysses would be utilizing water from the Commission 's water treatment plant and other facilities; and 15 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 WHEREAS, now that it has been determined that Ulysses may need water from the Commission 's facilities, Ulysses has supplied to all the member municipalities of the Commission its original documentation supporting its initial determination and supplemental information indicating that the water may now come from the Commission 's facilities rather than the City of Ithaca 's facilities and has requested concurrence with its (Ulysses ) designation as lead agency and with its findings that there will be no significant environmental effect resulting from the supplying of water to the district by the Commission and Ithaca; NOW THEREFORE, IT IS RESOLVED, that this Board concurs with the designation of the Town of Ulysses as lead agency in the environmental review of the creation, construction, and supplying of water to Ulysses Water District Number 3; and it is further RESOLVED, that this Board, after review of the Full Environmental Assessment Form and related materials supplied by Ulysses, concurs with the finding of Ulysses that there is no significant adverse environmental effect by having the Commission supply water to Ulysses as proposed and sees no reason to disturb the findings so made by Ulysses in this regard; and it is further RESOLVED, that this Board approves the Amendatory Agreement submitted to this meeting authorizing Ithaca to sell water obtained from the Commission 's facilities to Ulysses and authorizes the signing of such Agreement on behalf of this municipality; and it is further : RESOLVED, that the officers of this municipality are authorized and requested to take such steps, and to execute such documents, as they, in the exercise of their reasonable discretion, deem necessary or appropriate in order to effectuate the intention of the foregoing resolutions . MOVED : Supervisor Valentino SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilman Klein, aye, Councilman Lesser, aye; Councilman Burbank, aye . Motion carried unanimously. Agenda Item No . 14 — Correspondence Councilman Burbank thought the letter the Town received from Karen Scott was close to an environmental review of the project (with the references to animal habitats ) . Mr . Frost noted the Board received a petition from residents of Tareyton Drive regarding 220 Tareyton Drive . There is a construction company at 220 Tareyton Drive and they have a permit . Supervisor Valentino added there were no violations on the property . Mr . Lucente has tightened up the security around the building . 16 SEPTEMBER 22, 2003 SPECIAL TOWN BOARD MEETING APPROVED NOVEMBER 6, 23003 Other Business : ,f Attorney Barney mentioned that Cirim September 22 , 2003 Town Board Meeting ATTACH ��a 2 One Remington Pa ri3e Stearns & Wheler, LLC Cazenovia, NY 13035 vironmental Engineers and Scientists tel. (315 ) 655 -8161 fax. (315) 655-4180 web. www.stearnswheler.com August 28 , 2003 Mr. Lawrence Fabbroni , P. E . Assistant Superintendent — Water and Sewer Division City of Ithaca Department of Public Works 510 First Street Ithaca, NY 14850 Re : Tabulation and Review of Bids for Construction Contracts Tertiary Phosphorus Removal Upgrade Project Ithaca Area Wastewater Treatment Plant City of Ithaca, New York S&W No. 10284 . 0 Dear Larry: ` In accordance with our Agreement, Stearns & Wheler has tabulated and reviewed the bids that were submitted for construction contracts in connection with the above-referenced project. Bids that were received and opened by the City Controller at 2 : 00 p .m. on Tuesday, August 19 , 2003 , are tabulated in Attachments 1 , 2 , and 3 , respectively. As shown, eight bids were received for Contract 1 — General Construction ; six bids were received for Contract 2 — Electrical ; and five bids were received for Contract 3 — Heating, Ventilating, and Plumbing. The number of bids that were received for each contract gives an indication that bidding was competitive . Low bids received for each of the three prime contracts are summarized as follows : Contract No. Low Bidder Total Bid Price 1 Patrick Concrete Constructors, Inc . $ 311747300 P. O . Box 188 Bloomfield, NY 14469-0188 2 Schuler- Haas Electric Corp . $ 3591600 250 Mt. Hope Avenue Rochester, NY 14620 3 King & King Mechanical , Inc . $ 107 , 600 16 Fairway Drive Auburn, NY 13021 1:\ 10000\ 10?84\WO P DPROC\LETiERS\FABNGH03 .do Stearns & Wheler Companies Connecticut NU-Viand Massachusetts New Ilampshire New York North Carolina Vir,inia Mr. Lawrence Fabbroni, P . E. August 28 , 2003 City of Ithaca Department of Public Works Page 2 The total of the low bids for all contracts is $3 ,641 ,500, which is just under 10 percent greater than our pre-bid construction cost estimate of $ 3 ,320,000 . We believe that the delay that was encountered in bidding the project is the main reason for the bids exceeding our pre-bid estimates . Our pre-bid estimates were prepared at the completion of design in October 2002 and anticipated that bidding would proceed such that a significant portion of construction could be completed during 2003 . Based on the current schedule, notice to proceed with construction will occur no sooner than September 2003 . This will require the General Contractor to perform concrete construction during cold weather conditions, which will require additional costs, in order to maintain the construction schedule. Attachment 4 provides a post-bid project cost estimate, which includes a suggested construction contingency allowance of 5 percent. In addition, the post bid estimate also includes a reduction of engineering design fees to reflect actual costs incurred. We have contacted representatives of each contractor who have indicated to us that they are comfortable with their bid and the scope of work for the project. In addition, we have reviewed the bid proposals that were submitted for conformance with the requirements of the bidding documents and have checked references for each low bidder. Based on this review, we find no cause or reason why the City of Ithaca should not award the contracts for construction to the above low bidders . Please note that our evaluation does not include an assessment of the financial status of the above contractors. If you have any questions or concerns regarding this matter, please do not hesitate to contact me . Very truly yours, STEARNS & WHELER, LLC Nicholas G . Hatala, P . E . , DEE Senior Project Manager NGH/jm Enclosures cc : Steve Thayer, City Controller, City of Ithaca (w/enc .) Gerald C . Hook, P . E . , Stearns & Wheler, LLC (w/enc . ) J \ 10000\ 10284\WORDPROC\LETTERS\FABNGH03 .doc C) O O O C v O O O O M tn 00 o ti h 0p N 00 ��• �. 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Lo cc cd En O Q A " G F Y ^ ^ b C v W C/] L W o �- �y /^�L U cq a. a d � � os m > a> v� 3 0 � o p N L p F C cz O Es3 0 ° z Ic: 03 cz axis C3 a fj r , L aF •L a on c C :fl � r a . o ° 0 O O en ON CID p O ~ y "� tn u z F pp N 69 4= C L C r cl > O x F" o , rt L ti b N b0 p„i O C C C N cp = o� CTS M p v O � N � C J1 fn M ON C an Cd U Q w d ro C O 'C v U t O p w Fy n o 00 •5 Larry Fabbroni - Post-Bid Cost EstimateAs Page 1 'e ATTACHMENT 4 POST-BID PROJECT COST ESTIMATE Tertiary Phosphorus Removal Upgrade Project Ithaca Area Wastewater Treatment Plant Subtotals Construction Costs Contract 1 - General Construction $ 31174,300 Contract 2 - Electrical and Instrumentation $ 359,600 Contract 3 - Heating, Ventilation and Plumbing $ 107,600 Subtotal (Construction Cost) _ $ 3 ,641 ,500 Allowance for contingencies $ 1821000 Total Construction Cost = $ 3 , 823 ,500 Fiscal, Legal and Engineering Costs Fiscal and legal costs $ 43 ,600 Design phase engineering services $ 346,400 Bidding and construction phase engineering services 1 $ 23530001 Total Project Cost = $ 4 448 500 A9000 # 2 9 . 2 DPW/Water and Sewer — Request to Amend Tertiary Phosphorus Removal Upgrade Project at IAWWTP - Resolution : By Alderperson Vaughan : Seconded by Alderperson Hershey WHEREAS , Common Council approved the Tertiary Phosphorus Removal Upgrade Project at the IAWWTP at its regular meeting on May 7 , 2003 in the amount of $4 , 115 , 000 , and WHEREAS , bids were opened on August 19 , 2003 and reflect a new post- bid project budget of $4 , 448 , 500 , and WHEREAS , the municipal owners collectively wish to move forward with this project , and WHEREAS , to date , $ 2 , 775 , 000 of the projected $4 ,448 , 500 project cost has been committed by the New York State DEC from 1996 Bond Act funds ; now , therefore , be it RESOLVED , That Common Council hereby recommends an amendment to Capital Project 409J Tertiary Phosphorus Removal Upgrade at the IAWWTP in the amount not to exceed $ 333 , 500 for a total project authorization of $4 ,448 , 500 , and be it further RESOLVED , That Common Council authorizes this project contingent upon action by all the wastewater plant partners committing their new post-bid fair percentage reimbursement shares of the net cost to the Joint Activity Fund in the following amounts : Net after Bond Act Municipality %o Project Total Reimbursement City of Ithaca 57 . 15 % $27542 , 317 . 75 $ 956 , 405 . 25 Town of Ithaca 40 . 87 % 11818 , 101 . 95 683 , 959 . 45 . Town of Dryden 1 . 98 % 88 , 080 . 30 33 , 135 . 30 $4 , 448 . 500 . 00 $ 1 , 6739500 . 00 and be it further RESOLVED , That Common Council hereby recommends financing this project through local BANs and permanent bonding under NYS Environmental Facilities Corporation , or in any such other manner as the City Controller, in partnership with the wastewater plant owners , may recommend within the Joint Activity portion of the City financing , and be it further RESOLVED , That Common Council hereby recommends no changes to the previously authorized engineering services agreement Amendment No . 1 for advertising and construction services related to this project in the amount of a cost not to exceed $ 235 , 000 , and be it further RESOLVED , That the award of the construction contract is contingent upon approval from New York State on an approved work plan and award approval . Carried Unanimously STATE OF NEW YORK COUNTY OF TOMPKINS SS : CITY OF ITHACA I , Julie Conley Holcomb , City Clerk of the City of Ithaca , do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Common Council of said City of Ithaca at a regular meeting held on the 3rd day of September, 2003 , and that the same is a complete copy of the whole of such resolution . IN WITNESS WHEREOF , I have hereunto set my hand and the Corporate Seal of the City of Ithaca , this 17th day of September, 2003 . 110 i / j alb J,r(ilie Conley Holc mb , CIVIC City Clerk City of Ithaca , New York - I ANDda Total Project Budget- Tertiary Phosphorus Removal Upgrade Contract 1 General Construction Mobilization, bonds, insurance, and general condition $ 2001000 Sitework $ 25 ,000 Process structure $ 111001000 Equipment $ 114001000 Process and yard piping S 1009000 Subtotal $ 2 , 825 , 000 Contract 2 Electrical and Instrumentation S 4107000 Contract 3 Heating, Ventilating, and Plumbing $ 85 ,000 Contingency S 1707000 Fiscal , Legal, and Engineering S 6251000 TOTAL PROJECT COST $4 , 115, 000 Total Revised Project Budget- Tertiary Phosphorus Removal Upgrade After 8/19/03 Bid Contract 1 General Construction $ 31174, 300 Contract 2 Electrical and Instrumentation $ 3591600 Contract 3 Heating, Ventilating, and Plumbing $ 1073600 Contingency $ 182 , 000 Fiscal, Legal, and Engineering $ 625 , 000 TOTAL REVISED PROJECT COST $ 4 ,448 ,500 y3;, 9 .. Project Funding Sources- Tertiary Phosphorus Project Total $ 4 , 115 , 000 Committed Bond Act Funding $ (2 , 771 ,000) Revised Local Remainder $ 1 ,344 ,000 Approximate Partner Shares $ 1 ,344 ,000 of total $4 , 115 , 000 City of Ithaca 57 . 15 % $ 768 , 096 of total $ 2 ,351 , 722 . 50 Town of Ithaca 40 . 87 % $ 549 ,292 . 80 of total $ 1 , 681 , 800 . 50 Town of Dryden 1 . 98 % $ 26 , 611 . 20 of total $ 81 ,477 The above figures give the best project forecast of the respective municipal shares of the total project cost that must be temporary financed and the range of costs that would remain as local shares to permanently finance . The project is on an eligibility list for Environmental Facility Corporation financing at 50% reduced interest plus administrative fees . A representative borrowing rate given present long term rates around 5 % would be an effective rate of 2 . 8 % on a 20 year bond payment schedule . Since the project will be constructed during 2003 , permanent financing should not be anticipated before early 2004 . Project Funding Sources- Tertiary Phosphorus Project Total $ 4 ,448 ,500 Committed Bond Act Funding $ (2 , 7751000) Revised Local Remainder $ 1 , 6739500 Approximate Partner Shares $ 1 ,673 , 500 of total $4 ,448 , 000 City of Ithaca 57 . 15 % $ 956 ,405 .25 of total $2 , 542, 032 Town of Ithaca 40 . 87 % $ 6839959 . 45 of total $ 1 , 817 , 897 . 60 Town of Dryden 1 . 98 % $ 33 , 135 . 30 of total $ 881070 .40 September 22 , 2003 Town Board Meeting ATTACHMENT # 2 t � DRAFT 8/29/02 TOWN OF ITHACA TRANSPORTATION PLAN Annotated Outline Preface The Town of Ithaca has for a number of generations utilized a Comprehensive Plan for directing Town policies , particularly as regards development planning . The current Plan ' establishes transportation as one of seven categories of ` goals, objectives, and recommendations ' for the Town . The overall goal for transportation is identified as , "To provide a transportation system that is safe, efficient, convenient and environmentally responsible . " Specific objectives include : 1 . Reduced need for cars 2 . Appropriate transportation network 3 . Appropriate accident prevention strategies . 4 . Minimal negative impacts on people and the environment from traffic , road maintenance, road construction , noise , exhaust, etc . 5 . Future developments designed to minimize adverse impacts . 6 . Promotion, protection and enhancement of agricultural and scenic resources along rural roads in the Town. A Transportation Plan was envisioned as a component of the overall Comprehensive Plan , but was never completed in synchrony with the other components of the Comprehensive Plan . This Transportation Plan satisfies that aspect of the Comprehensive Plan . It has the two general objectives of documenting current transportation use, and, utilizing available projections of future transportation needs , sets out policies and procedures for satisfying the Comprehensive Plan goals stated above . Like the overall Plan, the Transportation Plan is a "living document" which can and will be modified periodically to remain current. Road and trail maps and related documents are components of the Transportation Plan, although they will not in all cases be physically appended to the Plan . I . Introduction A . Situation of Town B . Population and demographics C . Employment and workforce D . Objectives The objective of this Transportation Plan is the identification and designation of specific policies and procedures for achieving the Comprehensive Plan ' s goal , ` To provide a transportation system that is safe , efficient, convenient and environmentally responsible . ' 1 Town of Ithaca Comprehensive Plan, Ithaca, N . Y ., Sept . 21 , 1993 . , Components of the Plan include : 1 . Safety planning Intersection design Patrolling Road and drainage design and maintenance Roadway buffers 2 . Alternatives to private auto travel Encourage and support public transportation Enhance bicycle and trail system 3 . Minimize impacts on neighborhoods (also includes #2) Identify and reserve future road and trail rights of ways Establish policy on channeling of traffic into arterials vs . dispersion over road system Develop appropriate traffic calming procedures 4 . Efficiency Project future transportation needs and develop/maintain system accordingly Establish systematic procedure for road maintenance Reconfigure road classification system according to use and community preservation II . Transportation Network A . Official Town highway map B . Jurisdiction/ownership of roads (advantages and disadvantages) C . Road classification D . Roadway safety Volume and speeds accidents E . Trail map Town State and County III . Regional/Inter-jurisdiction al Issues A . ITCT plan B . Integration and cooperation with surrounding communities IV. Transport Usage A . Origins and destinations Work related Non-work related B . Traffic volumes Available data C . Usage by vehicle class Truck Bus Private car � Y �u Bicycle and pedestrian D . Public transport E . Freight F . Bicycle and pedestrian V . Roadway Maintenance Policies and Procedures A . Construction standards B . Maintenance scheduling Surfacing Drainage C . Funding VI . Transportation Use Projections (Inc. Census Transportation Planning) A . Population growth trends B . Vehicle ownership trends C . Employment trends D . Shopping travel E . Residence locations VII. Transportation Issues A . Resident survey B . Problematic roads and intersections C . Special consideration areas • Heavy commuter traffic through neighborhoods (e . g . , Forest Home) • Character and speed changing roadways (e . g . , county roads like Hanshaw, Coddington) • Integrating land use/zoning considerations into transportation planning neighborhood scale shopping options • Neighborhood-sensitive design standards D . Identifying potential future roadways E . Encouraging substitutes to private cars VIII . Recommended Policies and Procedures A . Road construction and design standards B . Reconfigure intersections C . Road classification D . Bicycle Lapes and sidewalks E . Traffic OLa iing procedures F . Cooperation with State and County officials G . Additional patrolling of roads in the Town September 22 , 2003 Town Board Meeting ATTACHMENT # 2 TRANSPORTATION DATA Summary for the Town of Ithaca Town Board 22 September 2003 • The Highway and Planning Departments have been collecting data with traffic counters on Town roads . Once the data is downloaded onto a computer, it can be queried by several different attributes , the most useful being volume and speed . • Volume data alerts us to roads that may be carrying more traffic than optimal—for example , in a residential zone . Speed data is useful in determining when and where motorists speed in the Town , and can help the Police and Sheriff' s Department to use resources wisely . o Traffic volume data collection and analysis has been ongoing and utilizes data collected by the Town , but also data collected by NYS DOT and the County Highway Dept . The goal is to compile the average daily volumes for Town roads . o Recent speed analyses have been performed in conjunction with police traffic patrols . Town planning staff and the Sheriff' s department communicate on the date and location of patrols so data can be collected before , during, and after the patrols . The goal is to determine if police presence would educate motorists to remain within the speed limit . • By November 2003 , data will have been collected and analyzed for roads including : • Pine Tree Road • Caldwell Road • King Road • Snyder Hill Road • West Haven Road • Elm Street • Ellis Hollow Road • Sand Bank Road Coy Glen Road • Coddington Road The goal is to have baseline data for all Town roads . This type of data and analysis are being used by the Transportation Committee in several ways . First , it assists the Committee and Sheriff Department in determining where additional patrolling should be focused during the enhanced patrol and enforcement time frame . In addition , it will help the Committee to identify potential problem areas on our road system , and as part of the long range Transportation Plan perhaps to assist with recommended road intersections or other safety enhancements . l • Below is an abbreviated sample of the type of analysis performed on the data . Example : Pine Tree Road Data collected 9 - 17 April , 6 - 12 May, and 19-27 May 2003 General Statistics Speed Statistics Total Hours of Data Collected : 518 hours Speed Limit : 35 mph Total Number of Vehicles : 86 , 682 vehicles Definition of " Speeder" : > 45 mph Total Number of Patrol Hours : 12 hours Total Number of Speeders : 6 , 903 vehicles Percentage Speeding : 7 . 96% Mean Speed : 38 . 19 mph Standard Deviation : 6 . 35 mph The chart below shows the distribution or the speeds of all of the cars traveling past the data collection point over the course of 518 hours. It says that 895 vehicles traveled between 0 and 1.5. 5 mph, 219 traveled between 15. 5 and 20. 5 mph, and so on . The data are evenly distributed,, which means that two thirds of vehicles travel at speeds between 32 and 44 mph . Speed v. Frequency, Pine Tree Rd , 2003 9 -17 April , 612 May , and 19 -27 May 2003 40, 000 3674U 35 . 000 U aa)i 30,000 _ . _ . . __ .. _ _ . .... .. _ . 0 25 , 000 - 19611 19321 E 20, 000 _...... c 15 ,000 U C s a 10 ,000 _ _ ..... 1 4906 5 000 LL __._. 2943 n m ......_. 895 219 460 1203 455 169 100 70 I.0 �;:,,, 0- 15 .5 15 . 5- 20. 5- 25 .5- 30 .5- 35 .5- 40. 5- 45 . 5- 50. 5- 55 . 5- 60. 5- 65 . 5- 70. 5- 20 . 5 25. 5 30. 5 35. 5 40. 5 45 . 5 50 . 5 55. 5 60 .5 65 . 5 70.5 75 .5 Speed 2 The graph below shows the number of speeders and the volume on the road by hour and day. The time of the police patrol is marked with vertical lines. NUMBER of Speeders v. Volume/10, Pine Tree Rd, ONLY 9-17 April 2003 Speeders Total Volume / 10 o� 80 70 w 60 d u z50 ......... d o40 .... ... .. m E30 __ _ ....... ... ... . .. .. _ z 20 10 0 0 0 01 0 0'- 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 0 0: 0 0 0 0 0 0 0 0 0 0 0 0 0 0; 0 0 c5i 0 0 0 00 0 0 0 0. ; 000000 00000: 0000; 000! 0000! 0000000; 00 00000! 0000000. 00000' : 0' 0 0 0 OI O O O O O 0 0 0 0 O: 0 0 0 0 0 0 O: 0 0 0 0 0 0 0 0 0 0 0 0 0 0: 0 0 0 0 0 0 0 0 0 0 0 0 0 o e) o O; o 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0. 0 0 0 0 0 : oo- N �t co (V'. 'V Co N- !a m N: V- [O N V Co N V Co N V Co N 'V Co ('V V o0 [V 'ci e0 N C GO N V! aO CV 'V, 1301 N V Co N Nr Co N V (N CoN 4/9 , 4/10/03 , 4/11 /030 Fri . 4/12/03 , Sat . ! 4/ 13/03 , Sun . 4/ 14/03 , Mon . 4/ 15/03 , 4/ 16/03, 4/17 , . Wed . ! Thurs. Tues . Wed . Thurs . Date/Time J ° September 22 , 2003 Town Board Meeting ATTACHMENT # 2 Agenda a 1 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : CATHY VALENTINO AL CARVILL FROM : JONATHAN KANTER, DIRECTOR OF PLANNING RE : 2004 PROPOSED BUDGET — TRANSPORTATION COMMITTEE REQUESTS DATE : SEPTEMBER 9 , 2003 On behalf of the Transportation Committee , the following are requests for the proposed 2004 Budget. There are two separate requests : ( 1 ) to continue the Sheriff Patrol program in Account # A3310 . 402 , and (2 ) to add a new item regarding the Town of Ithaca Transportation Plan in a new Account # A3310 . 406 , both under a re-named category in the General Fund for "Traffic Safety and Transportation Planning . " The following are details regarding the two Budget requests : A3310 . 402 Sheriff Patrol Approved 2003 Budget : $95000 Proposed 2004 Budget : $ 10, 000 This is to continue for a second year the speed patrol and enforcement program with the Tompkins County Sheriff' s Department for enhanced patrolling in selected areas of the Town . The program was initiated in 2003 , and conducted so far at two different times on portions of targeted roads, including Pine Tree Road , Snyder Hill Road , Ellis Hollow Road, Coddington Road , East King Road , Hanshaw Road , and Forest Home Drive . The Transportation Committee and Town Highway and Planning staff has been working closely with the Sheriff' s Department in coordinating this effort . The Sheriff' s Department has combined resources of the Town of Ithaca with Aggressive Driving Funds made available by the Governor ' s Traffic Safety Council . A third round of patrolling is planned for this fall . Staff has been conducting traffic speed and volume data analysis to determine whether there are any observed correlations between the enhanced patrolling efforts and driver behavior in the affected areas . So far, the analyses are inconclusive because of the limited data available . Therefore , the Committee proposes to continue the enhanced patrol program in 2004 . The Sheriffs Department indicates that they are interested in continuing this program with the Town, and that the costs of the program will be somewhat higher in 2004 due to negotiated contract salary increases . The estimated cost of continuing the program in 2004 for a similar number of hours is $ 10,000 . This is based on approximately 180 +/- hours of total patrol time at an overall cost of $55 per hour. The program will involve continued data collection and analysis to help determine the effectiveness of the program . A3310 . 406 Transportation Plan Approved 2003 Budget : N/A Proposed 2004 Budget : $20, 000 The Town of Ithaca Transportation Committee has initiated a Transportation Plan, as was recommended in the 1993 Comprehensive Plan . The objectives in developing a Transportation Plan are to analyze existing and projected transportation issues and concerns , establish a baseline understanding of existing traffic patterns and volumes , provide an understanding of development patterns throughout the Town (and County) to insure adequate planning and coordination of transportation services, consider alternative transportation solutions, all intended to prepare a plan to meet current and future transportation needs and provide a guide for transportation decision-making . The Committee has already initiated a residents survey aimed at obtaining feedback on potential transportation issues in the Town , which will be included_in the fall issue of the Newsletter, and plans to follow that up with a public meeting (in late 2003 or early 2004) . The Transportation Committee applied for a transportation grant from the New York State Department of Transportation in 2002 to help fund the Transportation Plan , but applications for these funds was extremely competitive , and the Town ' s grant application was not approved . Meanwhile , the Committee has prepared an outline of Transportation Plan elements and has begun the process of preparing the Plan (refer to attached annotated outline , dated 8/29/02) . Many of the Plan elements can be prepared by Town staff, with some assistance from the Ithaca- Tompkins County Transportation Council ( ITCTC) . However, the Committee will need some additional technical assistance in certain key areas , such as collection and analysis of additional traffic data, intersection capacity analysis, and assistance with identification of alternative transportation solutions and recommendations regarding feasible alternatives . The hiring of a transportation consultant is likely for these additional services . Funding in the amount of $20 , 000 is being requested in the 2004 Budget, with an additional $ 10 ,000 anticipated in 2005 to complete the Plan . [Note: The previous grant application identified the need for approximately $31 , 000 in consultant services, not including the residents survey, which the Transportation Committee is now implementing on its own.] Technical assistance components of the Plan that may require consultant services include the following : • Collection of selected data (e . g . , updated volumes at selected intersections) • Data analysis (intersection capacities , accident patterns, safety issues) • Modeling land use/development scenarios for impact on transportation system • Analysis and interpretation of 2000 Census data relative to transportation issues • Identification of alternatives to address transportation issues/problems • Development of recommendations regarding transportation issues (e . g. , traffic calming in selected areas , road r-o-w design , incorporating pedestrian/bicycle facilities into the transportation system , intersection improvements , etc . ) i 1 Completion of the Transportation Plan is anticipated over the next two years (2004/05 ) . The above examples of consultant services will be defined in more detail as the Plan scope is fine- tuned . The Town will use either a Request for Proposals (RFP) or Request for Qualifications (RFQ) process to ensure the hiring of a qualified transportation consultant or consultant team . The Committee will utilize the local resources of ITCTC , Cornell University, and Town staff to the extent practicable . Please let me know if you have questions on any of the above . Bill Lesser, Sue Ritter or I would be glad to meet with either or both of you to discuss details of the 2004 Transportation Committee Budget requests . Att . cc : William Lesser Sue Ritter r September 22 , 2003 tin ATTACHMENT # 3 ° VUQ g August 8 , 2003 Ms . Catherine Valentino , Supervisor Town Board Town of Ithaca AUG 215 North Tioga street ! Ithaca , New York 14850 _ _ _ ATTEST ITHACA TOWN CLE9K Dear Ms . Valentino : I write on behalf of the Town ' s Conservation Board . At our meeting on August 7 we discussed the possibility and desirability of having one or more student members on the Conservation Board . The impetus for the discussion was the article (enclosed ) by Stacy Merola and Julie Voigtlaender in the Spring 2003 issue of the NYSACC News . We would like the Town Board ' s advice about whether this is something the CB and the Town should pursue , and if it is deemed desirable how we might proceed . It seemed to us during the discussion that a number of different options might be considered . 1 . It is not a good idea . 2 . One or more college or high school students might serve as Interns for one or more years . ( I ' ve added this option . ) 3 . One or more college or high school students might serve as Associate Members . 4 . One or more college or high school students might be Full Members with vote . We look forward to having the Town Board ' s thoughts about this matter. A response can be sent to me , but it might be more efficient to communicate with our Coordinator , Sue Ritter. Sincerely , ai44 �j Conrad Istock 213 Texas Lane , Ithaca , NY , 14850 e- mail : cai4 @cornell . edu NYSACC Spring 2003 New York State Association of Conservation Commissions Volume 29 No. 1 Balancing Representation on Conservation Advisory Councils Environmental Management Councils(EMCs)act as citi- Many EMCs and CACs have started to utilize this stu- zen-based advisory groups to county governments, dent population. The average CAC or EMC member is while Conservation Advisory Commissions(CACs)act well over thirty and is getting older by the day.Our or- as citizen advisory groups to city, ganizations need to begin to incor- town, and village governments. porate the next generations before Each organization is made up of ` == we start to lose membership, fund- interested citizens who conduct re- - ing,and support from the local com- search and provide advice and ex- munities.The world is changing ev- pertise on matters affecting local 9 eryday, and if we don't change with environments. Diversifying mem- s '' ' it, we will be left behind. bership on these local boards with an assortment of citizens can be 3 j An easy way to get more student in- challenging,but is no doubt essen- _ i�'� volvement is to work with your lo- cal to the advisory group's effec- cal school district - find a science tiveness. Many EMCs and CACs teacher willing to build the bridge are comprised of citizens who have between the students and your or- interests, and sometimes back- ganization. Get the students in- grounds,in planning,policy devel- volved with stream clean-ups and opment, and environmental sci- habitat assessments. There are also ences. The range of representation w:. colleges and universities where you can include environmental and en- can tap the local student body,which gineering professionals,academia, is usually very active. We cannot retired citizens, homemakers, and students. It is repre- stress enough the importance of getting students inter- sentation from the latter that is intriguing and of signifi- ested. They are the future of the environmental move- cant importance. ment. We need them to take the enthusiasm born in the 1970s and carry it into the 21st century. Representation on EMCs and CACs from local high schools,colleges,and universities provide fresh perspec- At the Broome County EMC, students can serve for up fives and enthusiasm about issues affecting our environ- to two years as student representatives. They are en- ment, and skills that can enhance the work of advisory dorsed by members of the Council,and approved by the councils.Students benefit from their involvement with County Executive and the Legislature.Student represen- advisory councils in a number of ways: they learn how tatives must be at least 16 years old, be residents of the to work in and with groups to achieve common goals; county (for EMC membership) or residents of the city, they learn that public participation in policy develop- town, or village (for CAC membership). They give the ment, planning and implementation is crucial to a board a fresh, new perspective on environmental issues community's well-being and sustainability; they learn in the region. to express good ideas, which sometimes are great ideas Stacy Merola respected by their peers,and they learn how to turn those Broome County EMC, Director ideas into action strategies.After all,these young people will become professionals in our communities, apply- Julie Voigtlaender ing knowledge and experience they have gained from Broome County EMC their duties with EMCs and CACs. Binghamton University Rep. 2 NYSACC news Spring 2003 1 An Environmental Romance Websites of Note In this issue we address our need to reach out to younger In keeping with our theme of members in our environmental community. So,NYSACC "Youth and the Environment,"our News is an excellent place to announce the engagement recommended websites target the of Steve Noble,a NYSACC Director for the past five years, initiatives and accomplishments of and Julie Voigtlaender, the Binghamton University stu- young people all over the world. dent representative on the Broome County EMC. • littp://wurw.iinepapac.org We all like a romance, especially an environmental ro- Website of the UN Environmental Program Youth mance. So here's the story of Steve and Julie. They both Advisory Council-includes aims and objectives and went to Kingston High School,but didn't know each other until they met on a school trip to Spain in 1998.Steve was youth environmental activities organized by country. participating in Ulster County's CAC' program, which involved high school students in stream monitoring and • http:/hvu�w.ec.gc.ca/sci_hnr/ working with local government"Julie joined the program Website of Environment Canada's Science Horizons Youth Internship Program-site offers promising young scientists hands-on experience working on environ- mental projects under the mentorship of experienced scientists and program managers. • littp://www.weact.org Website of Earth Crew Youth Project-provides oppor- tunities for Manhattan youth to learn about their ur- ban environment and enhance their community. The site contains activities,programs,GIS mapping,publi- cations, etc. • http://www.eartlicorps.org Website of Earthcorps,an organization based in Seat p _ whose mission is to create a global community throw ' local environmental service involving 18-24 year olds. ...� _ d The organization seeks to engage young people from Steve Noble and Julie Voigtlaender all parts of the world in service to the environment. in 1999.They shared environmental experiences,but were A Special Website just friends. We would like to highlight a special website: Graduation came and Julie went to SUNY Binghamton. http://wzvw.ens-nevis.com/ She is majoring in Environmental Studies with a concen- This environment news service includes daily en- tration in ecosystems,and minoring in Biology.Steve went vironmental information from all over the world.It to the College of Environmental Science and Forestry at has a youth environmental news desk which pro- Syracuse. He is an Environmental Studies major with a vides an opportunity for young writers to publish concentration on policy and management. Last summer I their stories on the internet. they both worked for the Kingston Department of Parks and Recreation,running an environmental education pro- gram for students ages 7-12.They kept secret the fact that they were dating until camp was over, feeling this was Arlene Kaufman, Editor professionally correct. Joy Squires, NYSACC President This summer, Steve and Julie will be running the envi- Newsletter Office NYSACC Office � 3 Andover Drive P.O. Box 1732 ronmental program again, due to its g reat success. They Port Jefferson Sta. Huntington, NY j are sharing the knowledge and experience gained from NY 11776 11743 both college and their involvement with EMCs/CACs 631-928-3277 631-368-6949 with the children they teach. I 631-331-4526 fax 631-368-4796 fax Both Julie and Steve feel that their involvement with local NYSACC News is published three times a year. CAC environmental commissions has given them a wonderful are encouraged to submit press releases, articles, foundation and has uided them towards their future ca- I artwork or photography to the editor. g For additional copies of NYSACC News and address reers in the environmental field. changes, contact the Newsletter office. L- — --- -- -- - — gY t:?C § 239-u CONSOLIDATED LAWS SERVICE ART 12-F ART 12-F 1 CASE NOTES the thirty-first da3 such legislative b, Under the above sections United States citizenship A town may not advance moneys to villages with commissioner of ei is a condition precedent for the appointment of a which it has established a joint narcotics guidance (g) In addition t, person to membership on the Henrietta Narcotic council, for maintenance thereof, in anticipation of Guidance Council, created by the Town Board of subsequent reimbursement therefor. 1971 Ops St responsibilities, co] the Town of Henrietta, Monroe County. 1971 Ops Compt File x#969. resolution of the h Atty Gen Aug 23. 2 . When authoriz Avon � 5 � may accept by gii ARTICLE 12-F property in the r. this this Conservation Advisory Councils and Conservation Boards provisions tional or u of of l § 239-x. Creation of conservation advisory council any lesser interest § 239-y. Designation of council as conservation board the purposes of th HISTORY: In addition, upoi Add, L 1970, ch 901 , eff May 18, 1970. legislative body t Article heading, amd, L 1971 , ch 1157, L 1972, ch 905, eff June 8, 1972. through negotiatic Schedule of sections, amd, L 1971 , ch 1157, eff Jan 1 , 1972. may be needed to CROSS REFERENCES: 3 . Such council This article referred to in § 239-x. members who shE County environmental management councils, CLS ECL § § 47-0101 et seq. the pleasure of si RESEARCH REFERENCES AND PRACTICE AIDS: legislative body i 45A NY Jur (Rev ed), Pollution and Conservation Laws § 13. appoint up to t% sixteen and twent: 4. The presiding § 239-x. Creation of conservation advisory council the local legislati 1 . The local legislative body of any city, town or village may create a council. The loc conservation advisory council, hereafter called the council, to advise in the member of said development, management and protection of its natural resources. Such requested . A vac council shall direct itself toward accomplishing the following: manner as an oril (a) Conduct researches into the land area of the municipality for which it The local legislat was created; members of the c (b) Seek to coordinate the activities of unofficial bodies organized for similar the members of t purposes and to cooperate with other official municipal bodies active in the mance of their d area of community planning for the particular municipality; from time to timt (c) It may advertise, prepare, print and distribute books, maps, charts, plans 5 . In the case wh And pamphlets which in its judgment it deems necessary for its work; charges and expt (d) It shall keep an inventory and map as defined in section two hundred for such council thirty-nine-y of this article, of all open areas within the municipality with the town outside the plan of obtaining information pertinent to proper utilization of such collected therefrc open lands including lands owned by the state, any other municipality 6 . To assist a cot within the state or by the particular municipality itself; request the depai (e) It shall keep an inventory and map of all open marsh lands, swamps and (a) prepare repot all other wet lands in a like manner, and may recommend to the governing of the council to body of the municipality a program for ecologically suitable utilization of all (b) prepare desci such areas; to be used and si (f) It shall keep accurate records of its meetings and actions and shall file an p (c) provide resea annual report with the local legislative body of the municipality on or before I (d) provide, on < 366 rl ART 12-F ART 12-F GENERAL MUNICIPAL LAW § 239-x ) 4 k the thirty-first day of December of each and every year. Once approved, s such legislative body shall forward a copy of this report to the state %e moneys to villages with ? commissioner of environmental conservation; a joint narcotics guidance (g) ;nt therefor. 1971 Ops St In addition to the foregoing, carry out any other duties, tasks, or thereof, in anticipation .: responsibilities, consistent with the objectives of this article, assigned to it by St ,� p�. ' - resolution of the local legislative body creating the said council . � 4 2. When authorized by resolution of the local legislative body, a council may accept by gift, grant, bequest, or otherwise, money or other personal ; ' property in the name of the municipality, for use in furtherance of the provisions of this act . A local legislative body may accept by gift, condi- t Boards Ki tional or unconditional, grant, devise or otherwise, real property in fee, or -.3 any lesser interest, including conveyance with limitations or reversions, for the purposes of this act. In addition, upon the written recommendation of the council the local legislative body may acquire by purchase in fee or any lesser interest, B, 1972. through negotiation or by condemnation, such real or personal property as may be needed to fulfill the purpose of this act. -' 3 . Such council shall consist of not less than three nor more than nine members who shall be appointed by the local legislative body and serve at 31 et seq. , the pleasure of such body for a term not exceeding two years. Such locgl legislative body may, notwithstanding any inconsistent provision of law, appomt� to two mem ers to t e council who are between the ages of sixteen and twenty-one 4. The presiding officer or chairman of the council shall be designated by ` the local legislative body from among the members so appointed to the llage may create a j council. The local legislative body shall have authority to remove any cil, to advise in the member of said council so appointed for cause, after a public hearing, if ral resources . Such requested. A vacancy shall be filled for the unexpired term in the same ving: manner as an original appointment. :ipality for which it The local legislative body may provide for compensation to be paid to the members of the council and may provide for the payment of the expenses of rrganized for similar the members of the council actually and necessarily incurred in the perfor- bodies active in the mance of their duties. Such council may appoint such employees as it may ity; from time to time see fit, all within appropriation made therefore. maps, charts, plans ! 5 . In the case where the local legislative body is a town board, such salaries, for its work; charges and expenses so permitted by an appropriation of the town board ection two hundred for such council shall be a charge upon the taxable property of that part of .e municipality with the town outside of incorporated villages and shall be assessed, levied and utilization of such collected therefrom in the same manner as other town charges. other municipality 6. To assist a council in carrying out its functions, powers and duties, it may request the department of environmental conservation to : i lands, swamps and (a) prepare reports outlining objectives, priorities and proposed relationships .nd to the governing of the council to the local legislative body; able utilization of all (b) prepare description of work to be undertaken, advantageous techniques to be used and suggested roles of council members; .ons and shall file an (c) provide research on conservation facts and procedures; cipality on or before (d) provide, on a consulting basis , technical and research assistance as may 367 fi � q} ,5ny- September 22 , 2003 Town Board Meeting ATTACHMENT # 4 ) SIDEWALK POLICY FOR THE TOWN OF ITHACA Draft 8/21 /03 I . NEWLY DEVELOPED AREAS A . Subdivisions with internal roads Considerations : • Children walk to school Current or likely future presence of numerous children in an environment where , in the absence of a sidewalk, many children can be expected to be present on the road shoulder • Bus stop within convenient walking distance • Connected to other sidewalks • Provide access to trail system • Safety for pedestrians If any item applies , then the Planning Board at its discretion may require the developer to include sidewalks with the development . Maintenance will be the responsibility of the homeowners , or the resident association unless other arrangements are made . B . On existing roads If a new sidewalk would result in a connection to existing sidewalks or sidewalk system planned by the Town of Ithaca , the Planning Board may require sidewalks as part of the development. Maintenance will be the responsibility of the homeowners fronting on the sidewalks unless other arrangements are made . H . PREVIOUSLY DEVELOPED AREAS A . Petition for establishment of a sidewalk benefit district On a positive vote of the owners of at least one half of the assessed valuation of all the taxable real property in the proposed benefit district . Maintenance will be the responsibility of the homeowners fronting on the sidewalks unless other arrangements are made . B . At Town expense On recommendation of the Planning Board and approval of the Town Board if at least three of the following conditions apply : 0 Within convenient walking distance to school , church or other place of regular public use , O Links existing or probable future sidewalks , 0 Existing or planned road shoulders inadequate for bicycles and pedestrians , 0 Proximate access to public transportation , ® Right of way is sufficient for existing/planned roadway plus sidewalk, or an easement can be reasonably obtained from adjacent landowner( s) . ® Planned sidewalk does not dead end without reasonable expectation of extension/connection in foreseeable future , ® Peak hour traffic volume is at least moderate , defined as 350- 500 vehicles per hour, and ® Shown as part of a town wide pedestrian circulation system in Town of Ithaca Transportation Plan . Maintenance will be the responsibility of the homeowners fronting on the sidewalks , unless other arrangements are made . ® Examples of Town and County roads with that volume of peak hour traffic includes Five Mile Drive , Ellis Hollow Rd . , Coddington Rd . (west of Juniper) , Judd Falls Rd . , Pine Tree Rd . , and Forest Home Drive , III . CONSTRUCTION SPECIFICATIONS Unless other arrangements are approved by the Planning Department, standard sidewalk construction shall exist of concrete four (4) feet wide . Where conditions apply, and if supported by owners of at least half the assessed value of real property in the benefit district , a . walkway may be substituted for a sidewalk . Compared with a sidewalk , a walkway will typically be set further from the road edge and will be more curvy, often being constructed of asphalt. Town Board Meeting September 22 , 2003 ATTACHMENT # 6 aj AGREEMENT y _ J AGREEMENT, made by and between the COUNTY OF TOMPKINS , a municipal corporation of the State of New York, having offices at 125 East Court Street, Ithaca, New York 14850 , hereinafter referred to as the "COUNTY", and the SHERIFF OF TOMPKINS COUNTY with an office at 779 Warren Road, Ithaca, New York 14850 , hereinafter referred to as the " SHERIFF", the ITHACA CITY SCHOOL DISTRICT with an office at 400 Lake Street, Ithaca, New York, 14850, hereinafter referred to as the "DISTRICT", and the TOWN OF ITHACA with an office at 215 North Tioga Street, Ithaca, New York 14850 , hereinafter referred to as the "TOWN" . WITNESSETH. WHEREAS , the DISTRICT and TOWN have requested that the SHERIFF provide a Deputy for traffic control at the Boynton Middle School ; and WHEREAS , the COUNTY has authorized the SHERIFF to supply a Deputy as is stipulated in this contract to the DISTRICT and the TOWN; and WHEREAS , the DISTRICT and TOWN are willing to share the costs of such Deputy NOW, THEREFORE , in consideration of the promises , covenants , and agreements contained herein, the parties agree as follows : 1 ) The term of this contract shall be from September 1 , 2003 through June 30, 2004 . 2) The SHERIFF agrees to provide a Deputy Sheriff for traffic control at the Lake and Cayuga Streets intersection on all school days during the period of 7 : 00 am to 8 : 00 am . 3 ) The DISTRICT will agree to pay the SHERIFF the sum of $ 6 , 500 and the TOWN will agree to pay the SHERIFF the sum of $ 4 , 500 making a total sum payable for such services of $ 11 , 000 . Said amount shall be payable in two equal installments , the first payment of $ 3 ,250 from the DISTRICT and $ 2 ,250 from the TOWN shall be payable within thirty (30) days of the execution of this agreement and the remaining $ 3 , 250 from the DISTRICT and $ 2 , 250 from the TOWN shall be due and payable June 15 , 2004 . Payment shall be submitted to the Tompkins County Sheriff, Attention : Sheriff, 779 Warren Road ; Ithaca, NY 14850 4) Liability clauses : i) The DISTRICT shall indemnify, hold harmless and defend the COUNTY, the SHERIFF, the TOWN, and their respective Officers, employees , agents and elected officials from and against any and all claims , damages , losses , liabilities, causes of action , costs and expenses (including reasonable attorneys fees) to the extent arising from or relating to any omission of duty, negligence or wrongful act of the DISTRICT, its employees , subcontractors or agents . ii) The COUNTY shall indemnify, hold harmless and defend the DISTRICT , the SHERIFF, the TOWN, and their respective employees, agents, and elected officials from and against any and all claims , damages , losses , liabilities , causes of action, costs and expenses (including reasonable attorney ' s fees) to the extent arising from or relating to any omission of duty, negligence or wrongful act of the COUNTY, the SHERIFF, either of their Deputies, employees, subcontractors or agents . Ili) The provisions of this section 4 shall survive the termination of this Agreement. 5 ) The relationship of the parties is that of independent contractors . No party nor any parties , employees and agents shall hold itself or themselves out as, nor claim to be, Officers or employees of the other party (except for the SHERIFF and his Deputies being Officers and/or employees of the COUNTY) and shall make no claim nor demand for, nor be entitled to , any right or privilege as an Officer or employee , including, but not limited to worker ' s compensation coverage, medical and unemployment benefits , social security or retirement membership benefits from the other party. 6) Each party shall timely obtain, at its own expense, all licenses or permits for the work to be performed under this contract, if any are necessary. 7) No party shall assign, transfer, convey, subcontract or otherwise dispose of this contract or their respective responsibilities to perform under this contract or their right, title , interest in and/or to the same, nor any part thereof, without prior written consent of all of the other parties . i 8) The compensation provided to the SHERIFF under this Agreement represents the total compensation that is due in connection with this matter. No other claims for benefits , salaries , fees or other remuneration of any sort (other then the indemnity set forth above) shall be due and owing to the SHERIFF or the COUNTY for the services set forth in this Agreement. 9) This Agreement represents the entire understanding between the parties and supercedes all prior negotiations , representations or agreements either written or oral . This Agreement may be amended only by written agreement signed by all parties . 10) The provisions of this Agreement shall be construed under the laws of the State of New York. The parties ' consent to the Agreement is indicated by the signatures below . Date : Tompkins County Date: Pet eskill, Tompkins unty heriff Date : � Itha City School District Date : Catherine Valentino, Supervisor, Town of Ithaca Town Board Meeting September 22 , 2003 ATTACHMENT # 5 AGREEMENT •: :.=s :k AGREEMENT, made by and between the COUNTY OF TOMPKINS , a municipal corporation of the State of New York, having offices at 125 East Court Street, Ithaca, New York 14850 , hereinafter referred to as the "COUNTY" , and the SHERIFF OF TOMPKINS COUNTY with an office at 779 Warren Road, Ithaca, New York 14850 , hereinafter referred to as the " SHERIFF", the ITHACA CITY SCHOOL DISTRICT with an office at 400 Lake Street, Ithaca, New York, 14850 , hereinafter referred to as the "DISTRICT", and the TOWN OF ITHACA with an office at 215 North Tioga Street, Ithaca, New York 14850 , hereinafter referred to as the "TOWN" . WITNESSETH WHEREAS , the DISTRICT and TOWN have requested that the SHERIFF provide a Deputy for traffic control at the Boynton Middle School ; and WHEREAS , the COUNTY has authorized the SHERIFF to supply a Deputy as is stipulated in this contract to the DISTRICT and the TOWN ; and WHEREAS , the DISTRICT and TOWN are willing to share the costs of such Deputy NOW, THEREFORE , in consideration of the promises, covenants , and agreements contained herein, the parties agree as follows : 1 ) The term of this contract shall be from September 1 , 2003 through June 30, 2004 . 2) The SHERIFF agrees to provide a Deputy Sheriff for traffic control at the Lake and Cayuga Streets intersection on all school days during the period of 7 : 00 am to 8 : 00 am . 3 ) The DISTRICT will agree to pay the SHERIFF the sum of $ 6, 500 and the TOWN will agree to pay the SHERIFF the sum of $ 4 , 500 making a total sum payable for such services of $ 11 , 000 . Said amount shall be payable in two equal installments , the first payment of $ 3 , 250 from the DISTRICT and $ 2 , 250 from the TOWN shall be payable within thirty (30) days of the execution of this agreement and the remaining $ 3 , 250 from the DISTRICT and $ 2 , 250 from the TOWN shall be due and payable June 15 , 2004 . Payment shall be submitted to the Tompkins County Sheriff, Attention : Sheriff, 779 Warren Road ; Ithaca, NY 14850 Mme` 4) Liability clauses : i) The DISTRICT shall indemnify, hold harmless and defend the COUNTY , the SHERIFF, the TOWN, and their respective Officers , employees , agents and elected officials from and against any and all claims, damages , losses , liabilities , causes of action , costs and expenses (including reasonable attorneys fees) to the extent arising from or relating to any omission of duty, negligence or wrongful act of the DISTRICT, its employees, subcontractors or agents . ii) The COUNTY shall indemnify, hold harmless and defend the DISTRICT, the SHERIFF, the TOWN, and their respective employees, agents , and elected officials from and against any and all claims, damages , losses , liabilities , causes of action, costs and expenses (including reasonable attorney' s fees) to the extent arising from or relating to any omission of duty, negligence or wrongful act of the COUNTY, the SHERIFF, either of their Deputies, employees, subcontractors or agents . iii) The provisions of this section 4 shall survive the termination of this Agreement. 5 ) The relationship of the parties is that of independent contractors. No party nor any parties, employees and agents shall hold 14 Lelf or themselves out as , nor claim to be, Officers or employees of the other party (except for the SHERIFF and his Deputies being Officers and/or employees of the COUNTY) and shall make no claim nor demand for, nor be entitled to , any right or privilege as an Officer or employee, including, but not limited to worker ' s compensation coverage, medical and unemployment benefits, social security or retirement membership benefits from the other party. 6) Each party shall timely obtain, at its own expense, all licenses or permits for the work to be performed under this contract, if any are necessary. 7 ) No party shall assign , transfer, convey, subcontract or otherwise dispose of this contract or their respective responsibilities to perform under this contract or their right, title, interest in and/or to the same, nor any part thereof, without prior written consent of all of the other parties . 8) The compensation provided to the SHERIFF under this Agreement represents the total compensation that is due in connection with this matter. No other claims for benefits, salaries , fees or other remuneration of any sort (other then the indemnity set forth above) shall be due and owing to the SHERIFF or the COUNTY for the services set forth in this Agreement. 9) This Agreement represents the entire understanding between the parties and supercedes all prior negotiations , representations or agreements either written or oral . This Agreement may be amended only by written agreement signed by all parties . 10) The provisions of this Agreement shall be construed under the laws of the State of New York. The parties ' consent to the Agreement is indicated by the signatures below . Date : Tompkins County Date : Pet eskill, Tompkins unty heriff Date : I.thl City School District Date : Catherine Valentino, Supervisor, Town of Ithaca Town Board Meeting September 22 , 2003 ATTACHMENT # 6 AMENDMENT TO AMENDED , SUPPLEMENTAL, RESTATED , AND CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING AND OPERATION OF AN INTER-MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM THIS AGREEMENT of municipal cooperation is made as of this day of 2003 , between the TOWN BOARD OF THE TOWN OF DRYDEN , Tompkins County, New York, on its own behalf and on behalf of all of the water districts located within the Town of Dryden that are legally served by the SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION ("SCLIWC") (hereinafter collectively referred to as " Dryden ") , the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York, on its own behalf and on behalf of the Townwide water benefitted area of the Town of Ithaca (hereinafter referred to as " Ithaca" ) , the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf of the water districts located within the Town of Lansing that are legally served by SCLIWC (hereinafter referred to as "Lansing Town " ) , the VILLAGE OF LANSING , Tompkins County, New York (hereinafter referred to as " Lansing Village " ) , and the VILLAGE OF CAYUGA HEIGHTS , Tompkins County, New York (hereinafter referred to as "Cayuga Heights " ) , all of the parties hereto sometimes collectively or individually referred to hereinafter as " Municipalities " or " Municipality " . WITNESSETH : WHEREAS , Dryden (then acting on its own behalf and on behalf of Dryden Water District 1 ) , Ithaca, Lansing Town (then acting on its own behalf and on behalf of McKinney's Water District) , Lansing Village and Cayuga Heights executed an Amended, Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and Transmission System as of June 5 , 1979 ; and WHEREAS , said agreement has been amended and supplemented on several occasions since its execution (the original agreement, the amended and restated agreement, and all amendments thereto hereinafter being collectively referred to as the " Intermunicipal Agreement " ) ; and WHEREAS , the Municipalities and the Southern Cayuga Lake Intermunicipal Water Commission as created by the Intermunicipal Agreement (hereinafter referred to as the "Commission ") have been approached by the Town of Ulysses ( hereinafter "Ulysses " ) requesting that the Commmission consider providing Ulysses with a supply of water from the Bolton Point Municipal Water System (hereinafter "BPMWS ") , and WHEREAS , the Municipalities and the Commission are in concurrence with the New York State Department of Health ' s support of the concept of regionalization of water supplies , and WHEREAS , the Municipalities and the Commission agree that a plentiful and high quality water supply is essential to the health of the general public , and ,°irne idnient to sscs mater ides; 11p80; Hal;fCB s'cGrr'c, September 22, 20033:=1OI t/ WHEREAS , the Bolton Point water treatment plant operated by the Commission has a New York State Department of Health approved water treatment capacity of 6 ,750,000 gallons per day and pumping and transmission capacity equal to or greater than said treatment capacity, and WHEREAS , the BPMWS has a current annual average daily demand for water of 2 , 5001000 gallons , and WHEREAS , the Commission is willing to share a portion of this current excess capacity with Ulysses subject to certain terms and conditions more fully set forth below ; and WHEREAS , the Commission realizes that efficiencies in pumping, treatment, and transmission can be increased by producing water at rates closer to system capacity and that increases in efficiency can help stabilize rates to customers of the Municipalities , and WHEREAS , the Intermunicipal Agreement currently contemplates water being provided from the BPMWS only to customers within the Municipalities ; and WHEREAS , the Municipalities and the Commission have determined that the Intermunicipal Agreement should be amended to permit sales of water to Ulysses ; and WHEREAS , the Municipalities , pursuant to the authority contained in Article 5G of the General Municipal Law of the State of New York and in Title 1 -A of the Local Finance Law and pursuant to the authority granted generally to municipalities and water districts , wish to authorize the ability to provide a total of 162 ,000 gallons per day of public water service to Ulysses until the water supply demand on the Commission ' s facilities reaches 75 % of maximum capacity; and WHEREAS , it is the intention of the Municipalities and the Commission that Ithaca contract for and oversee the construction of any water system improvements required to serve customers of Ulysses ; and WHEREAS , it is the intention of the Municipalities and the Commission that any completed and accepted public water system improvements within Ithaca ' s boundary serving Ulysses be operated and maintained by the Commission on behalf of Ithaca in accordance with the standards and requirements of the Commission , the Intermunicipal Agreement and/or any other agreements between the Commission and Ithaca ; and WHEREAS , it is the intention of the Municipalities and the Commission that any completed and accepted public water system improvements serving Ulysses located in Ulysses be operated and maintained by Ulysses or its governmental customers in accordance with the standards and requirements applicable to Ithaca and other Municipalities pursuant to the Intermunicipal Agreement, and all rules and regulations of the Commission ; and WHEREAS , the Municipalities wish to amend the Intermunicipal Agreement to reflect the foregoing circumstances and to set forth the terms and provisions of their agreement concerning authorization of the ability to provide public water service to Ulysses ; 2 Luendtrrent to Luennuuicipst/A,grfenreret-G(rsses mrttet sales; rrp80; ll;d,-_/CB scZric, September 4 7003 & 10RII NOW , THEREFORE, in consideration of the premises , the parties agree as follows : 1 . A new section , to be numbered 18A , is added to the Intermunicipal Agreement reading as follows : " 18A. Provision of Water to Town of Ulysses . Notwithstanding any other provision of this agreement, in so far as is permitted by law , the Commission may provide up to a maximum of 162 ,000 gallons per day of water to Ithaca for Ithaca to transmit to the Town of Ulysses (hereinafter "Ulysses") to supply water to parts of Ulysses upon terms and conditions satisfactory to Ithaca and the Commission , which terms , at a minimum, include the following : A . The member Municipalities will retain all rights provided by the Intermunicipal Agreement including the right to further amend and supplement the Intermunicipal Agreement. A possible future amendment or supplement to the Intermunicipal Agreement could increase or decrease the total flow allowable gallons per day to be transmitted to Ulysses . A decrease may become necessary in the event that the ability of the Commission to provide the amounts becomes questionable . B . Except as expressly modified by this section of the Intermunicipal Agreement, each of the terms and provisions of the Intermunicipal Agreement will apply to the sale of the additional water to Ithaca and to the relationship among the Municipalities in connection with same . Except as expressly amended by the terms and provisions of this section , all other terms of the Intermunicipal Agreement will remain in full force and effect and will be binding upon the parties hereto in accordance with the terms thereof. C . The maximum amount of daily gallons the Commission will provide for transmission to Ulysses will not exceed the amount set forth above without the consent of all of the member Municipalities . D . Provision of the water to Ulysses shall be subject to Ithaca and Ulysses entering into an agreement mutually satisfactory to each of them and to the Commission prior to any water service being provided to Ulysses . Such agreement must be approved by a majority vote of the Commissioners . E . Ithaca will be responsible for the quality of the water from the point it enters the Ithaca distribution system to the point at which it enters the Ulysses distribution system except to the extent Ithaca has contracted with the Commission to maintain its system and the failure of quality of the water is as a result of the Commission ' s negligence or wrongful willful act . 3 . mendnicnt toIn(ejmunicipal:1,97'ee•r nen t- t %r 'ssesnr atersal es,; rrp8Q' H',/,'fCBsdircc, September22, 20033:10P.1! F. Ulysses will be responsible for the quality of the water once it enters the distribution system of Ulysses or any entity authorized by Ulysses to receive same (e . g . a water district formed in Ulysses ) and for its quality throughout the distribution system once it leaves the Ithaca system. G . Ulysses and any entity distributing water supplied to Ulysses will operate their water systems in accordance with all United States Environmental Protection Agency, New York State Department of Health , New York State Department of Environmental Conservation , and Commission rules and regulations in effect. Without limiting the foregoing, Ulysses and/or the entities distributing water for the Ulysses (hereinafter collectively included in the references to "Ulysses") will adopt local laws regarding water connections, back-flow prevention , plumbing installations and similar matters as are required of the member Municipalities of the Commission . H . There shall be installed a master meter and shut- off valve at the Ithaca line at the point where the water line enters Ulysses , or at a location as close as possible to such point as is mutually agreeable to Ithaca, Ulysses , and the Commission . Such installation shall be made by Ulysses at the expense of Ulysses . Such meter shall be the basis for billing for water supplied to Ulysses . The Commission shall arrange to read such meter at agreed upon intervals , or, failing agreement, at quarterly intervals . I. The Commission reserves the right to suspend the supplying of water to Ulysses in the event Ulysses fails to comply with all applicable federal , state, and local laws , or the Commission ' s rules and regulations . J . Ithaca will be billed for water supplied to Ulysses by the Commission at the rate set forth in the water rate schedule annexed to the Intermunicipal Agreement, being the same rate charged to all municipalities by the Commission. Ithaca agrees to pay all of such charges in accordance with the Intermunicipal Agreement as if the charges were charges for service to customers in any Ithaca water district . Nothing herein is intended to preclude Ithaca from billing and collecting the same , or greater (within reason) , amounts from Ulysses . At the option of the Commission , a portion of the amounts received by the Commission for such water may be placed in a Capital Capacity Replacement Reserve Fund or similar fund established for the purpose of building additional water treatment and transmission capacity in the future . K. The parties reserve the right to change the Water Rate Schedule (Exhibit I to the Intermunicipal Agreement) by unanimous mutual agreement . If the Water Rate Schedule is changed , the amounts chargeable to Ulysses will be adjusted accordingly. 4 :1171end'alent to /ntcrnumicipaL. l ;rc emrut- L h ises rratersa/es.- np80; Heil:JCB sc6rrc. September 22,. 10033rd0Y,1/ L . Ithaca will determine the rate it charges Ulysses for water. M . Ithaca hereby guarantees to the other member Municipalities party to the Intermunicipal Agreement that Ithaca will pay quarterly all Commission bills delivered to Ithaca for water Ithaca supplies to Ulysses . N . In the event the capacity of the Commission ' s facilities or Ithaca ' s water system is diminished for any reason whatsoever, temporarily or long-term , any agreement with Ulysses shall include the agreement of Ulysses that water will be supplied first to the existing customers of the Commission member Municipalities before being supplied to customers of Ulysses . If necessary to provide water to the member Municipalities , the Commission and/or Ithaca may suspend supplying of water to Ulysses until the capacity is restored . O . Ulysses will not supply or resell any water obtained from the Commission ' s facilities to any third party municipality or other customer unless Ithaca and the Commission approve that supply and the terms of that supply in writing prior to the occurrence of any such re-supply or sale . P The term of the water supply agreement between Ithaca and Ulysses will not exceed thirty years . However, it may provide for the parties to attempt to negotiate an extension or renewal of the agreement if the parties are so advised . Q . Ulysses will indemnify and hold harmless the Commission and the member Municipalities , and their respective Commissioners, officers , agents , contractors and employees , from any and all losses , claims or expenses ( including experts fees and attorneys fees) arising out of the provision of water pursuant to this section except to the extent that it is found by a court of competent jurisdiction by final judgment after litigation that the loss was solely as a result of the negligence or willful wrongful act of the Commission . R . Should Ulysses request the Commission to perform services for its water district or customers , including such services as billing, repairs , maintenance , etc . , the charges for such services and the manner in which they will be provided shall be the subject of a separate agreement between the Commission and Ulysses , and the Commission Member Municipalities hereby authorize the Commission to enter into such an agreement with Ulysses . " IN WITNESS WHEREOF, the parties have executed this amendatory agreement as of the day and year above written . J • TOWN OF ULYSSES tc ;, r, 10 Elm Street Trumansburg, NY 14886 (607) 387-5767 Fax (607) 387-5843 July 10, 2003 SEP 19 2003 ATTEST _ Town of Lansing ITHACA TOWN CLS4lC Box 186 Lansing, New York 14882 Dear Mr. Farkas, It has become evident that possibility of the water supply for the Ulysses Water District # 3 will eventually be the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) . Under the original plan this was not the case and your municipality was not included on our list of interested/involved agencies at the time SEQRA review of the project was completed . Since your municipality is a member of the SCLIWC, and with the likelihood that the district water supply will eventually be the SCLIWC plant at Bolton Point, the Town of Ulysses is amending its list of interested/involved agencies to include your municipality. Enclosed are copies of all of the information regarding the Town of Ulysses SEQRA review conducted in August of 2001 for the formation of Ulysses Water District # 3 . We would appreciate any comments you have on the review for our records . If you need any more information please call the town clerk with your requests at 387-5767 . Sincerely, 1 C; 45 G TZL Doug Rustic , Ulysses Town Supervisor Draft TOWN OF ULYSSES S .E . Q . R. -WATER DISTRICT No 3 PUBLIC HEARING 8/14/2001 PRESENT : Supervisor Doug Austic, Councilpeople Carolyn Duddleston, Andrew Hillman, Sue Poelvoorde and Robert Weatherby, Town Attorney Bruce Wilson, and Town Clerk Marsha Georgia. Proof of Notice being furnished Supervisor Austic re-opened the adjourned public hearing of July 31 ", 2001 at 7 :40 PM. The engineer has addressed the questions and concerns that were raised at the July 31 st public hearing on Part I of the SEQR. Mr. Austic reviewed Part I - Project Information, of the S .E .Q .R. Full Environmental Assessment Form, and opened the floor for comments. Mr. Daniel Higgins asked if the Town has as a formal agreement with Bolton Point Water yet? Mr. Austic stated at this point the Town is dealing with the City of Ithaca and they have not gotten a formal agreement with Bolton Point at this time . Mr. Austic asked if there were any further comment. Hearing no further comments, Mr. Weatherby moved, seconded by Mrs. Duddleston to close the public hearing . Mr. Austic aye Mrs. Duddleston aye Mr. Hillman aye Ms. Poelvoorde aye Mr. Weatherby aye The public hearing closed at 7 : 55 PM. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : kl Confirming Lead Agency Status and Adoption of Negative Declaration WHEREAS, the Town of Ulysses Town Board is considering formation of the Town of Ulysses Water District Number 3 (The "Project"), and WHEREAS, the project is considered a "Type I Action" as defined by the State Environmental Quality Review Act (SEQRA) and the State Environmental Review Process (SERP); and WHEREAS, Part 1 of a full environmental assessment form (FEAF) was completed by the Town Engineers, Barton & Loguidice, P.C., dated June 11 , 2001 , and submitted to this Board for its review and consideration, in connection with the project; and WHEREAS, in accordance with 6 NYCRR Part 617.6 and SERP, a lead agency must be established for the purpose of conducting a SEQRA review of this project; and WHEREAS, at its regular meeting held on the 12'' of June, 2001 , the Town Board authorized preparation of the FEAF and declared its intention to assume lead agency status in this matter for purposes of SEQRA and SERP review processes; and WHEREAS, notice of such intention was made known to involved agencies, and they have indicated that they have no objection to the Town Board proceeding to serve as lead agency in this matter; and WHEREAS, the Town of Ulysses has identified potential areas of archeological concern within the project area and is actively pursuing archeological cultural resource surveys as recommended by the New York State Office of Parks, Recreation and Historical Preservation (NYS OPRHP), and that the Town of Ulysses will, if necessary, modify the project plans as the NYS OPRHP may require to ensure that the project will have no significant impact on cultural resources in the project area. NOW THEREFORE, BE IT RESOLVED AND DETERMINED, that it is confirmed that this Board shall serve as lead agency in the SEQRA and SERP review process for the Project; and it is further RESOLVED AND DETERMINED that this Board hereby adopts the Negative Declaration annexed hereto for the reasons set forth therein; and it is further RESOLVED AND DETERMINED, that legal counsel or the Town Engineers are hereby instructed to publish and circulate the annexed Negative Declaration in accordance with appropriate laws and regulations, and it is further RESOLVED, that the Supervisor, together with counsel for the Town and the Town Engineers are hereby authorized and directed to take all actions, serve all notices and complete all documents in order to give full force and effect to this determination. I hereby certify that the Town Board of the Town of Ulysses at its Regular Town Board Muting held August 14, 2001 adopted the foregoing resolution. Witness my hand and seal of said Town this Fifteenth Day of August Two Thousand and One. 4..s L. Georgia, Town k June 20, 2001 RE : Notice of Intent to Establish Lead Agency Dear Mr. Pursuant to the State Environmental Quality Review Act ("SEQRA") and 6 NYCRR 617 .6(b)(3xi), please be advised that the Town of Ulysses intends to establish itself as Lead Agency for the purposes of fulfilling the SEQRA requirements relative to the formation and installation of facilities of the Water District No. 3 . This district will be located entirely in the Town of Ulysses, Tompkins County, NY. The Project will include the installation of approximately 7. 5 miles of 8-inch, 10-inch and 12-inch water main, a new 250,000-gallon water storage tank and a booster pump station. Enclosed for your review, as required pursuant to 6 NYCRR 617 .6(b)(3)(i), is Part 1 of a completed Environmental Assessment Form which describes the proposed action. The form is completed with all information available at this time; additional information has been requested, but not yet received. An attachment is included explaining the status of any missing information. In accordance with 6NYCRR 617 .6(b)(3xi), all involved agencies must agree upon Lead Agency designation within thirty (30) calendar days of this letter. If you are in agreement with the proposed SEQRA Lead Agency Designation, then no response is required. In the event that you disagree with the proposed designation of the Town of Ulysses as Lead Agency for this proposed project, you must send written notice of said disagreement to the following address within thirty (30) calendar days of the date of this letter: Mr. Douglas Austic, Supervisor, Town of Ulysses, 10 Elm Street Trumansburg, NY 14886. All questions concerning this notice should be addressed to the undersigned. Very Truly Yours, Mr. Douglas Austic Supervisor Town of Ulysses Water District No . 3 SEQR/SERP List of Interested/ Involved A eg ncies Ralph Manna ( Gordon Behn Regional Permit Administrator Water Supply Section New York State Department of Environmental Bureau of Water Resources Conservation New York State Department of Environmental 615 Erie Blvd. West Conservation Syracuse, NY 13204-2400 625 Broadway Albany, NY 12233 V< harles Amento New York State Department of Health James W. Hanson Jr. Bureau of Public Water Supply Protection Commissioner, Tompkins County Planning Flanigan Square, 547 River Street, Rm. 400 Department Troy, NY 12180-2216 121 E. Court St. Ithaca, NY 14850 Aon P. Edinger egional Director, NYSDOT Region 3 Alice Cole 333 E. Washington Street mpkins County Public Health Director Syracuse, New York 13202 401 Harris B . Dates Drive Ithaca, NY 14850 . Thomas Kelly, President New York State Environmental Facilities Monika Roth Corporation Tompkins County Agricultural and Farmland 50 Wolf Road Protection Board Albany, NY 12205-2603 615 Willow Avenue /atherine NY 14850-3555 Robert C. Somers, PhD hief of Agriculture Protection Unit Valentino New York State Department of Agriculture and isor, Town of Ithaca Markets . Tioga St. 1 Winner Circle Ithaca, NY 14850 Albany, NY 12235 Alan J. Cohen, Mayor Ms. Ruth Pierpont City of Ithaca Director, Field Services Bureau 108 East Green Street New York State Office of Parks, Recreation and Ithaca, New York 14850 Historic Preservation Peebles Island PO Box 189 Waterford, NY 12205 -0189 ADDED TO LIST 7 / 6 / 01 PER REQUEST BURNARDO CANOVAS DORMITORY AUTHORITY 515 BROADWAY ALBANY , NY 12207 . r vim. • /►A►� State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose : The full EAF is designed to help applicants and agencies determine , in an orderly manner, whether a project or action e significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a proj at are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge Te environment or may not be technically expert in environmental analysis. In addition , many who have knowledge in one particular ar y not be aware of the broader concerns affecting the question of significance . The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature , yet flexible enough to allow introduction of information to fit a project or action . Full EAF Components : The full EAF is comprised of three parts : Part 1 : Provides objective data and information about a given project and its site . By identifying basic project data , it assists a reviewer in the analysis that takes place in Parts 2 and 3 . Part 2 : Focuses on identifying the range of possible impacts that may occur from a project or action . It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced . Part 3: If any impact in Part 2 is identified as potentially-large , then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑x Part 1 [E Part 2 E] Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information , and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: rR A . The project will not result in any large and important Wnpact(s) and , therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared . B . Although the project could have a significant effect on the environment, there will not be a significant effect for t Unlisted Action because the mitigation measures described in PART 3 have been required , therefore a CONDITION negative declaration will be prepared,* C . The project may result in one or more large and important impacts that may have a significant impact on the environmen , therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Town of Ulysses Water District No . 3 Name of Action Town of Ulysses , Town Council ' Name of Lead Agency Mr . Douglas Austic Town Supervisor Print or Type Nam,", f Res onsi 1 Officer in Lead Agency Title of Responsible Officer Signature of Re ponsible Officer in Lead Agency Signature of Pr parer (If different from responsible officer) 6 - 11 - 01 Date STF NY06015F. 1 PART 1 -PROJECT INFORMATION Prepared by Project Sponsor N E : This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. P complete the entire form , Parts A through E . Answers to these questions will be considered as part of the application for approval and m subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3 . It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation . If information requiring such additional work is unavailable, so indicate and specify each instance . NAME OF ACTION Water District No . 3 LOCATION OF ACTION (Include Street Address, Municipality and County) Trumansburg Road and others , T . Ulysses , T . Ithaca , Tompkins Count NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Mr . Douglas Austic 1607 - 387 - 5767 ADDRESS 10 Elm Street CITY/PO STATE ZIP CODE Trumansburg NY 14886 NAME OF OWNER (If different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Installation of approximately 9 . 2 miles of 8 " , 10 " and 12 " water main , , 000 ( approx ) gallon storage tank and booster pump station . P Complete Each Question—Indicate N.A. if applicable A Description Physical setting of overall project, both developed and undeveloped areas. 1 . Present land use : n Urban ❑ Industrial ® Commercial ® Residential (suburban ) Rural (non-farm ) Forest [x Agriculture Other 2 . Total acreage of project area: 12 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non -agricultural) ti acres 5 .. 5 _ acres Forested =;. 3_ acres 3 acres Agricultural (Includes orchards, cropland , pasture, etc. ) 3 acres 3 acres Wetland (Freshwater or tidal as per Articles 24 , 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres s acres Other ( Indicate type) acres acres 3 . What is predominant soil type(s) on project site? HUB , OaA , CfB , LbB a . Soil drainage: F�J Well drained % of site Ox Moderately well drained 40 , % of site nx Poorly drained 60 % of site b . If any agricultural land is involved , how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System ? 1 • 5 acres. (See 1 NYCRR 370 ). 4 . Are there bedrock outcroppings on project site? n Yes FXJ No a . What is depth to bedrock? 6 ( approx ) (in feet) STF NY06015F.2 15 . Approxiriate percentage of proposed project site with slopes : ❑x 0-10 % 100 % ❑ 10- 15% % ❑ 15 % or greater % 6 . Is project substantially contiguous to , or contain a building , site , or district , listed on the State or the National Registers of is Places? ❑ Yes 7 . Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes x 8 . What is the depth of the water table? 2 (in feet) 9 . Is site located over a primary, principal, or sole source aquifer? ❑ Yes © No 10 . Do hunting , fishing or shell fishing opportunities presently exist in the project area? ❑ Yes © No 11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered ? ❑ Yes 0 No According to Identify each species 12 . Are there any unique or unusual land forms on the project site? ( i.e . , cliffs, dunes , other geological formations) ❑ Yes © No Describe 13 . Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes ❑x No If yes , explain 14 . Does the present site include scenic views known to be important to the community? ❑ Yes ❑x No 15 . Streams within or contiguous to project area: UN—NAMED INTERMITTENT STREAMS a . Name of Stream and name of River to which it is tributary WILLOW CREEK , GLENWOOD CREEK , INDIAN CREEK 16 . Lakes, ponds, wetland areas within or contiguous to project area: a . Name PSS1 , Cayuga Lake b. Size ( In acres) < 1 , 42 , 000 ( total lake area ) 17 . Is the site served by existing public utilities? ❑x Yes ❑ No a) If Yes, does sufficient capacity exist to allow connection ? ❑x Yes ❑ No b) If Yes, will improvements be necessary to allow connection? ❑ Yes ❑x No 18 . Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA , Section 3 d 304 ? ❑x Yes ❑ No 19 . Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the EC Ind 6 NYCRR 617? ❑ Yes ❑x No 20 . Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes No B . Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate) a . Total contiguous acreage owned or controlled by project sponsor 12, acres. b . Project acreage to be developed : 1. 2 acres initially; 12 ` acres ultimately. c. Project acreage to remain undeveloped NA acres. d . Length of project, in miles: 9 • -2 _ (If appropriate) e . If the project is an expansion , indicate percent of expansion proposed NA % ; f. Number of off-street parking spaces existing NA ; proposed NA g . Maximum vehicular trips generated per hour NA (upon completion of project)? h . If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately I . Dimensions (in feet) of largest proposed structure 45_- , ieight; 31 width ; NA length . j . Linear feet of frontage along a public thoroughfare project will occupy is? NA ft. STF NY06015F.3 2 . 'glow, much natural material (i.e. , rock, earth , etc. ) will be removed from the site? 3034 tons/cubic-yards 3 . Will disturbed areas be reclaimed ? ® Yes No N/A a . If yes, for what intended purpose is the site being reclaimed ? Restoration to near original State b . Will topsoil be stockpiled for reclamation ? x❑ Yes No c . Will upper subsoil be stockpiled for reclamation? xx Yes E] No ow many acres of vegetation (trees, shrubs, ground covers) will be removed from site? • 5 acres. ill any mature forest (over 100 years old ) or other locally-important vegetation be removed by this project? F] Yes © No 6 . If single phase project: Anticipated period of construction 4 months, (including demolition ). 7 . If multi-phased : a . Total number of phases anticipated ( number). b . Anticipated date of commencement phase 1 month year, (including demolition ). c . Approximate completion date of final phase month year. d . Is phase 1 functionally dependent on subsequent phases? F1 Yes E] No 8 . Will blasting occur during construction ? Yes No 9 . Number of jobs generated : during construction 15 ; after project is complete 10 . Number of jobs eliminated by this project 0 11 . Will project require relocation of any projects or facilities? E] Yes x] No If yes, explain 12. Is surface liquid waste disposal involved? F] Yes © No a . If yes , indicate type of waste (sewage, industrial, etc. ) and amount b . Name of water body into which effluent will be discharged 13 . Is subsurface liquid waste disposal involved ? [:J Yes ® No Type 14 . Will surface area of an existing water body increase or decrease by proposal? ❑ Yes x0 No Explain 1 project or any portion of project located in a 100 year flood plain? ; Yes , ill the project generate solid waste? F] Yes 0 No a . If yes, what is the amount per month tons b . If yes, will an existing solid waste facility be used ? ❑ Yes E:J No c . If yes, give name ; location d . Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes No e . If Yes, explain 17 . Will the project involve the disposal of solid waste? ❑ Yes Fx-1 No a . If yes, what is the anticipated rate of disposal? tons/month . b . If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? F] Yes xx No 19 . Will project routinely produce odors (more than one hour per day)? E] Yes Ox No 20 . Will project produce operating noise exceeding the local ambient noise levels? Yes No DURING CONSTRUCTI ( 21 . Will project result in an increase in energy use? FxJ Yes ❑ No If yes, indicate types) electricity for pumping station 22 . If water supply is from wells, indicate pumping capacity gallons/minute . 23 . Total anticipated water usage per day 60 , 000 gallons/day. ( Average Day Water Consumption ) 24 . Does project involve Local, State or Federal funding ? Q Yes R No If Yes , explain NYS DWSRF STF NY06015F.4 25. Approvals Required : Submittal Type Date City, Town , Village Board Ox Yes F] No District Approval 7 - 01 City, Town , Village Planning Board F1 Yes []x No City, Town Zoning Board F1 Yes 1'-x'] No City, County Health Department 0 Yes [:] No Plan for Water Supply Approval 10 - 01 Other Local Agencies ® Yes FJ No ITHACA CITY & TOWN 10 - 01 Other Regional Agencies F-1 Yes j] No _ State Agencies NYSDEC Ox Yes [:] No Water Supply Approval 10 - 01 Federal Agencies F] Yes R No _ C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision ? F] Yes ❑x No If Yes, indicate decision required : n zoning amendment EJ zoning variance E] special use permit subdivision E] site plan E] new/revision of master plan E] resource management plan EJ other 2 . What is the zoning classification (s) of the site? Residential , Agricultural , Commercial 3 . What is the maximum potential development of the site If developed as permitted by the present zoning? NA 4 . What is the proposed zoning of the site? NA 5 . What is the maximum potential development of the site If developed as permitted by the proposed zoning ? NA 6 . Is the proposed action consistent with the recommended uses in adopted local land use plans? ® Yes No 7 . What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action ? Residential , Agricultural , Commercial 8 . Is the proposed action compatible with adjoining/surrounding land uses within a % mile? ® Yes o 9 . If the proposed action is the subdivision of land , how many lots are proposed ? ONE FOR TANK SITE a . What is the minimum lot size proposed? 10 . Will proposed action require any authorization(s) for the formation of sewer or water districts? ® Yes No 11 . Will the proposed action create a demand for any community provided services ( recreation , education , police, fire protection )? F] Yes nx No a . If yes, is existing capacity sufficient to handle projected demand? Fj Yes F1 No 12 . Will the proposed action result in the generation of traffic significantly above present levels? E] Yes No a . If yes, is the existing road network adequate to handle the additional traffic? ❑ Yes F1 No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them . E . Verification 1 certify that the information provided above is true to the best of my knowledge . Applicant/SponsorName ou as ustic Date 6 - 11 - 01 Signature Title Supervisor If the action is in oas Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment STF NY06015F.5 Part 2 — PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information ( Read Carefully ) •. In completing the form the reviewer should be guided by the question : Fiave my responses and determinations bee reasonable ? The reviewer is not expected to be an expert environmental analyst . • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold o magnitude that would trigger a response in column 2 . The examples are generally applicable throughout the State an for most situations . But, for any specific project or site other examples and/or lower thresholds may be appropriat , for a Potential Large Impact response, thus requiring evaluation in Part 3 . • The impacts of each project , on each site, in each locality, will vary. Therefore, the examples are illustrative an ( have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question • The number of examples per question does not indicate the importance of each question . • In identifying impacts, consider long term, short term and cumlative effects . Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact . b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact . If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1 . d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance . Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 . f. If a potentially large impact checked in column. 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By l . Will the proposed action result in a physical change to the project site ? Impact Impact Project Change ONO )MYES Examples that would apply to column 2 • Any construction on slopes of 15 % or greater, (15 foot rise per 100 ❑ ❑ ❑ Yes ❑ No foot of length), or where the general slopes in the project area exceed 10 % . • Construction on land where the depth to the water table is less than ® ❑ ❑ Yes E) No 3 feet. • Construction of paved parking area for 1 , 000 or more vehicles . ❑ ❑ ❑ Yes ❑ No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑ Yes ❑ No 3 feet of existing ground surface . • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑ Yes E) No than one phase or stage . • Excavation for mining purposes that would remove more than 1 , 000 ❑ ❑ ❑ Yes ❑ No tons of natural material ( i . e . , rock or soil) per year . • Construction or expansion of a sanitary landfill . ❑ ❑ ❑ Yes ❑ No • Construction in a designated floodway. ❑ ❑ ❑ Yes El No • Other impacts _CHANGE ON LANDS — CONSTRUCTION OF PUMP [ E) ❑ Yes ® No STATION , BUILDING & STORAGE TANK 2 . Will there be an effect to any unique or unusual land forms found on the site ? ( i . e . , cliffs, dunes , geological formations, etc . ) ® NO DYES Specific land forms : ❑ ❑ ❑ Yes ❑ No 2 3 IMPACT ON WATER Small to Potential Can Impact e 3 . Will proposed action affect any water body designated as protected ? Moderate Large Mitigate ( Under Articles 15, 24 , 25 of the Environmental Conservation Law, ECL) Impact Impact Project Ch Examples that would apply to column 2 ONO XXyES • Developable area of site contains a protected water body. D • Dredging more than 100 cubic yards - of material from channel of a ❑ Dyes ONO protected stream . ❑ D Dyes ONO • Extension of utility distribution facilities through a protected water body. ❑ ❑ • Construction in a designated freshwater or tidal wetland_ DYes ONO D K] Yes ONO ° Other impacts : ❑ ❑ Dyes ONO 4 . Will proposed action affect any non-protected existing or new body of water? ENO OYES Examples that would apply to column 2 • A 10 % increase or decrease in the surface area of any body of water El or more than a 10 acre increase or decrease. D DYes ONO • Construction of a body of water that exceeds 10 acres of surface area . ❑ D DYes ONO • Other impacts: D D DYes ONO 5 . Will Proposed Action affect surface or groundwater quality or quantity? nNO OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit_ D ❑ Dyes ❑ • Proposed Action requires use of a source of water that does not ❑ have approval to serve Proposed ❑ DYes ❑ P p ( project) action . • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ gallons per minute pumping capacity. DYes ❑ • Construction or operation causing any contamination of a water supply system. ❑ ❑ DYes ONO • Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which resent ) ❑ D Dyes DNo do not exist or have inadequate capacity. presently D ❑ DYes ONO • Proposed Action would use water in excess of 20,000 gallons per ❑ day. ❑ DYes ONO • Proposed Action will likely cause siltation or other discharge into an ❑ existing body of water to the extent that there will be an obvious visual ❑ DYes ONO contrast to natural conditions . • .Proposed Action will require the storage of petroleum or chemical products greater than 1 , 100 gallons . ❑ ❑ DYes ONO • Proposed Action will allow residential uses in areas without -water and/or sewer services . ❑ DYes ONO • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ DYes ❑ No require new or expansion of existing waste treatment and/or storage facilities . ° Other impacts : ❑ ❑ Dyes ❑ N 6 . Will proposed action alter drainage flow or patterns, or surface water runoff ? CNO AYES Examples that would apply to column 2 • Proposed Action would change flood water flows . ❑ El ❑ Yes ❑ No 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ agricultural land. ❑ Yes ❑ No • The proposed action would irreversibly convert more than 10 acres ❑ of agricultural land or, if located in an Agricultutal District, more ❑ ❑ Yes ❑ No than 2 . 5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ land management systems (e. g. , subsurface drain lines, outlet ditches, ❑ Yes ❑ No strip cropping); or create a need for such measures (e. g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ Dyes El No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources ? ONO ® YES ( If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B .) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ or in sharp contrast to current surrounding land use patterns, whether ❑ Yes ❑ No man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ aesthetic resources which will eliminate or significantly reduce their ❑ Yes ❑ No enjoyment of the aesthetic qualities of that resource . • Project components that will result in the elimination or significant ❑ ❑ screening of scenic views known to be important to the area . ❑ Yes ❑ No • Other impacts: TANK CONSTRUCTION ® ❑ ® Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 . Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO AYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially El ❑ [] Yes No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ Dyes ❑ No project site. • Proposed Action will occur in an area designated as sensitive for ® ❑ 3 3Yes ONO archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON OPEN SPACE AND RECREATION 13 . Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities ? Examples that would apply to column 2 ONO OYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑ Yes ❑ No • A major reduction of an open space important to the community . ❑ El ❑ Yes ❑ No lo Other impacts : ❑ 11 ❑ Yes E) NO NOISE AND ODOR IMPACTS "IED MYes ct Be 17 . Will there be objectionable odors, noise, or vibration as a result of the Proposed Action ? ONO XXYES e Examples that would apply to column 2 • Blasting within 1 , 500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely ( more than one hour per day).• Proposed Action will produce o eratin ❑ No ambient noise levels for noise ouPide of structu esceeding the local s � No • Proposed Action will remove na tural barriers that would act as a El ❑ noise screen. ❑ Yes DNo • Other impacts: ❑ ❑ ❑ Yes El No IMPACT ON PUBLIC HEALTH 18 . Will Proposed Action affect public health and safety? Examples that would apply to column 2 'ffNO OYES • Proposed Action may cause a risk of explosion or release of hazardous ❑ substances i.e. oil ❑ DYes 1:1 No ( ' , pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ DYes DNo form fi-e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ gas or other flammable liquids. ❑ ❑ Yes • Proposed action may result in the excavation or other disturbance ❑ ❑ Dyes within 2,000 feet of a site used for the disposal of solid or hazardous .waste. • Other impacts: ❑ ❑ 1:1 Yes ❑ No IMPACT ON GROWTH* AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 . Will proposed action affect the character of the existing community? ONO NYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ D DYes ❑ No project is located is likely to grow by more than 5 % . • The municipal budget for capital expenditures or operating services D D ❑ Yes ❑ No will increase by more than 5 % per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals . ❑ ❑ ❑ Yes ❑ No • Proposed action will cause a change in the density of land use. ❑ )MYes ❑ No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑ Yes ❑ No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑ Yes ❑ No (e. g. schools, police and fire, etc .) • Proposed Action will set an important precedent for future projects . ❑ ❑ ❑ Yes ❑ No • Proposed Action will create or eliminate employment. El ❑ Yes ❑ N El ❑ Yes ❑ 20 . Is there, or is there likely to be, public controversy related to potential adverse environmental impacts ? ENO O If any action In Part 2 Is Identified as a potential large impact or it you cannot determine the magnitude of impact, proceed to Part 3 1 Part 3 - Modified Evaluation of the Importance of Impacts The Town Board of the Town of Ulysses does not anticipate that the formation and construction of Water District #3 will result in potentially large adverse environmental impacts to the resources of the town in the long term, short term or cumulatively . The Board expects that the comprehensive plan and the ensuing update of the zoning ordinance, to implement the goals and objectives of the comprehensive plan, will set forth the direction and scale of future development in the town that will be in keeping with the rural agricultural atmosphere . Therefore, the changes that will likely result from the installation of municipal water in the town are expected to be moderate and in keeping with the character of the desired and expected growth . The following sections explain , for the general public , in more detail the responses to Part 2, Column 1 , Small to Moderate Impact for the features of the town ' s environment that will be impacted by implementation of Water District #3 , 1 . Impact on Land The proposed project involves the installation of underground water mains and above ground construction of a booster pump building and water tank. Placement of the water mains will occur primarily in state highway and town road rights of way . The booster pump building and water tank will occupy currently undeveloped land. The placement of the booster pump building and water tank will result in the long-term change from vegetated sites to built structures and impervious surfaces. The sites required for these structures are small and are not expected to have a significant or large adverse environmental impact on the greater area surrounding the sites. Any change in drainage on the two sites will be mitigated by proper construction and landscaping techniques such as the use of vegetated swales . As noted above, the installation of underground water main will occur primarily in highway right of way. The construction is expected to cross streams and areas that are seasonally wet. Thus the depth to the water depth will vary along the project. Proper construction techniques will be used to mitigate impact to water quality during ground disturbance for placement of the water mains. The areas where water main will be placed will be allowed to return to a vegetated state. 3. Impact on Water For all construction activities associated with the implementation of Water District #3 , proper erosion control measures such as silt fencing will be placed prior to ground disturbance and be maintained throughout construction to minimize the impact on area water resources from exposing subsurface soils . Raw soil will be planted and mulched as soon as possible after construction is complete. The installation of water main will result in construction through small pockets of designated or potentially qualifying federally protected freshwater wetlands. Construction will follow U. S . Army Corps of Engineers and/or New York State Department of Environmental Conservation prescribed methods for protecting the integrity of the wetlands . Surface elevations will be determined prior to the start of construction. Post construction , final grades will be returned to preconstruction levels. 1 10. Impact on Agricultural Land Resources The proposed project will install water mains along existing highway right of way. Several agricultural parcels exist along the proposed route where the only access to the parcel is from the highway . Access to the parcels will be limited during the placement of water main. The impact may be mitigated by the timing of construction and conferring with the area farmers prior to the start of construction . I .I . Impact on Aesthetic Resources The construction of the water tank will be the most visible feature of the implementation of the Water District #3 project. The tank will be in the view shed for many residents of the town and travellers along N .Y . S . Route 96. The change in the view shed is expected to be minimal and in keeping with the rural landscape of the town in that the style of tank resembles an agricultural silo, a feature that still exist in many areas of the town ' s landscape . 12 . Impact on Historic and Archaeological Resources A letter, dated June 8, 2001 , was sent to the New York State Office of Parks , Recreation and Historic Preservation requesting identification of any buildings, sites or districts listed on the State or National Registers of Historic Places contiguous to the project area. Per their recommendation, a Phase IA Archaeological Sensitivity Assessment was completed. That study recommended that a Phase IB field investigation be performed . The field testing will be performed in the near future and prior to the start of construction. While the Phase IA study recommended the field testing, it also suggested that cultural resources in the area will likely be unaffected by this project. However, if the field tests encounter cultural resources , a Phase II , Site Evaluation will follow to determine the integrity, limits, structure , function and cultural/Mstorical context of the archaeological site per the specifications set out in Standards for Cultural Resource Investigations and the Curation of Archaeological Collections in New York State by the New York Archaeological Council and adopted by the New York State Office of Parks, Recreation and Historic Preservation, 17. Noise and Odor Impacts The proposed project will generate noise above the local ambient levels for noise outside of structures . The nature of the impact will be short term, occurring only during the construction phase of the project. Impacts will be migitated to some extent by the construction schedule of day time hours and Monday through Friday work weeks . 19. Impact on Growth and Character of Community or Neighborhood The single most important reason to implement this project is the positive impact that it will have on many residents of the Town of Ulysses who have for many years struggled to have a safe and adequate supply of drinking water. Residents of the hamlet of Jacksonville have watched their community change from impacts of underground gasoline spills. Potential new residents drawn to the hamlet for its attractive rural community lifestyle are wary when they learn of the uncertainity of the quality of drinking water. The growth or change in character that may result from the installation of municipal water will be guided by the Town of Ulysses Comprehensive Plan and the new zoning ordinance , currently 2 under production . Through the planning process for both of the documents , the residents desire to maintain the rural agricultural atmosphere of the town has and will set the direction for future growth of the community . Large-scale developments are not in keeping with the character of the town and are not encouraged by the goals and objectives set forth in the comprehensive plan. Future developments that may result from the availability of safe and reliable drinking water will thus be in keeping with the scale of development that presently exists in the town. 3 12-12-79 (3/99)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number Date : 8- 14- 01 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 ( State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Ulysses Town Council as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared . Name of Action : Formation of Water District No. 3 SEQR Status : Type 1 n&/ Unlisted ❑ Conditioned Negative Declaration : ❑ Yes ❑✓ No Description of Action : Installation of approximately 9 . 2 miles of 8" , 10" and 12 " water main , 260 , 000 (approx . ) gallon storage tank and booster pump station . Location : ( Include street address and the name of the municipality/county . A location map of appropriate scale is also recommended . ) Trumansburg Road and Others , T. Ulysses , T . Ithaca and Tompkins County. SEAR Negative Declaration Page 2 of 2 Reasons Supporting This Determination : (See 617 . 7 (a )-(c) for requirements of this determination ; see 617 . 7 (d) for Conditioned Negative Declaration) The Town of Ulysses has considered the criteria listed on 6NYCRR 617 . 7 (a)-(c) in relation to the impacts that may be reasonably expected to result from this proposed project and has determined that it will not have a significant impact on the environment. In considering reasonable related long-term , short-term , and cumulative effects of potential consequences , the Town of Ulysses Town Council has determined that there will not be a substantial change in land use or intensity of use or that this project will attract a large number of people to a place for more than a few days . The proposed facilities will bring water service to established residential areas and is not expected to significantly increase residential density, nor is it expected to significantly decrease agricultural lands due to increased development. The Town of Ulysses has identified potential areas of archeological concern within the project area and has completed a Phase 1A Cultural Resources Survey as recommended by the NYS Office of Parks , Recreation and Historical Preservation (NYS OPRHP) and shall complete a Phase 1 B Cultural Resources Survey in accordance with the archeologist's and NYS OPRHP's recommendations. The negative declaration not withstanding , the Town of Ulysses will modify the project plans , if necessary, to ensure that this project will have no significant impact on cultural resources identified within the project area , as the NYS OPRHP may require . Additionally, the Town has determined that a portion of this project is contiguous to an agricultural district. This project is limited to sections immediately adjacent to the roadway, therefore minimal , if any, impact should occur to agricultural lands. The Town of Ulysses has prepared and filed a preliminary notice of intent with the New York State Department of Agriculture and Markets , and will file, not withstanding this negative declaration , a final notice of intent upon district formation . Therefore , the Town of Ulysses Town Council has determined that this Notice of Determination of Non-Significance is appropriate and that this proposed project is not expected to cause significant adverse effect on the environment. If Conditioned Negative Declaration , provide on attachment the specific mitigation measures imposed , and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information : Contact Person: Mr. Douglas Austic Address: 10 Elm Street , Trumansburg , NY 14886 Telephone Number: 607-387-5767 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to : Chief Executive Officer , Town / City / Village of ( See Attached) Other involved agencies ( If any) (See Attached) Applicant ( If any) Environmental Notice Bulletin , Room 538 , 50 Wolf Road , Albany NY, 12233- 1750 (Type One Actions only)