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Home My WebLink AboutTB Minutes 2006-05-08Regular Meeting of the Ithaca Town Board Monday, May 8, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, New York 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Dick Booth 4. Report of City of Ithaca Common Council 5. Report of Fire Commission 6. 6:00 p.m. - Persons to be Heard and Board Comments 7. Discussion of Town Board and Committee Priorities 8. 6:45 p.m. - Town of Ithaca Storm Water Management Plan Annual Report to NYS DEC - discussion and opportunity for public comments and questions 9. Consider Authorizing Supervisor to Sign Agreement to Create the Stormwater Coalition of Tompkins County 10. 7:00 p.m. - Public Hearing regarding Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions 11. SEQR - regarding Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions 12. Consider Adoption of Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions 13. Consider Setting a public hearing regarding a local law amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in conservation zones 14. Consider Authorizing the Abandonment of a Portion of the Former Ithaca Owego Turnpike to Adjacent Landowners 15. Consider Request of Tompkins County Department of Emergency Response to Waive Site Plan Review and Zoning Variance Fees 16. Consider Approval of Bid and Purchase of New Crawler Dozer 17. Consider Approval of Bid and Award of Contract for Trumansburg Road Tank Renovation Project 18. Consider Approval of Budget Modification and Establishment of Capital Project for Trumansburg Road Tank Renovation Project 19. Consider Authorization for the Town of Ithaca Highway Superintendent to enter into shared arrangements with other municipalities to borrow or lend machinery, equipment, supplies and services 20. Consider Acknowledging Filing of Ethics Disclosure Statements 21. Introduction and Discussion of Westhaven Preserve Management Plan 22. Continued Discussion of Wind and Alternative Energy Options 23. Consider creation of a study group in intermunicipal cooperation and consolidation 24. Consider Approval of Appendices to Protocol and Procedures Manual 25. Discuss Changing July Town Board Meeting Date 26. Consider Appointment to Cayuga Medical Center Corporate Board |*1 27. Consider Approval of Temporary Wage Increase Court Clerk 28. Consent Agenda a. Town of Ithaca Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Create Senior Account Clerk Position e. Appoint Senior Account Clerk f. Appoint Project Assistant 29. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning e. Budget Officer f. Manager of Human Resources g. Network/Records Specialist h. Recreation and Youth Coordinator i. Attorney for the Town j. Receiver of Taxes i 30. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Board Policy and Protocol d. Capital Projects and Fiscal Planning Committee e. Codes and Ordinances Committee f. Ethics Committee g. Personnel Committee h. Public Works Committee i. Recreation and Human Services Committee - Discussion j. Records Management Advisory Board k. Safety Committee I. Transportation Committee 31. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee c. Joint Youth Commission d. Lake Source Data Sharing e. Pegasus Oversight Committee f. Recreation Partnership g. Special Joint Committee (Sewer) h. Southern Cayuga Lake Intermunicipal Water Commission i. SPCA monthly report for January 2006 32. Review of Correspondence a. 3/23/2006 email from K. Borgella re Northeast Ithaca Walkability Study b. 4/7/2006 letter from L. Shurtleff re proposed communication tower at Ithaca College c. 4/14/2006 letter from New York State Department of Transportation - reduction in speed limit on Game Farm Rd not appropriate at this time d. 4/17/2006 letter from F. Vanek re bus shelter at EcoVillage e. 4/19/2006 email petition submitted by Susan Riha re drainage problem on Maplewood Drive f. 4/20/2006 email from C. Schmitt re Noise Ordinance g. 4/25/2006 email from E. Fontana re Ithaca City School District Courtesy Bus and Child Safety Zones h. 4/26/2006 letter from D. Gross re improvements to Judd Falls Walkway i. 5/1/2006 note from R. Romanowski re appointment to Fire Commission j. 5/1/2006 letter from J. Lorincz re bicycles on East Hill Plaza sidewalk k. 5/2/2006 email from R. Kellogg re inlet valley cemetery I. 5/3/2006 letter to E. Bullard re Empire State Pride agenda 33. Consider Entering into Executive Session to Discuss Pending Litigation 34. Consider Adjournment Additional Agenda Item 1. Discussion of Sales Tax Exemption on Clothing May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Regular Meeting of the Ithaca Town Board Monday, May 8, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 THOSE PRESENT: Supervisor Valentino; Councilman Burbank; Councilman Engman; Councilman Stein; Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Fred Noteboom, Highway Superintendent; Daniel Walker, Director of Engineering; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager; Susan Brock, Attorney for the Town; Susan Ritter, Planner EXCUSED: Councilman Cowie; Councilwoman Gittelman OTHERS PRESENT: Dick Booth, Tompkins County Legislature; Bob Romanowski, Fire Commission; Robin Korherr, Common Council; Tim Joseph, Tompkins County Legislature; Steve Whicher; Tompkins County; Rich Dipaolo, South Hill; Robert Holt, Director of Public Safety at Ithaca; Steve Ehrhardt, Juniper Drive; John Greggs, Pleasant Street CALL TO ORDER Supervisor Valentino called the meeting to order at 5:30 p.m. and led the assemblage in the Pledge of Allegiance. Agenda Item No. 3 - Report of Tompkins County Legislature - Dick Booth Dick Booth appeared on behalf of the County Legislature and reported as follows: For the last few years, the Legislature has given Steve Whicher, County Administrator, parameters for preparing the County Budget. The County is moving closer to giving Mr. Whicher the parameters for the 2007 budget. In the last two years, the basic parameter has been that the County tax levy should not increase. It has lead to two tax rate decreases over the last two years. The renovation and construction of the towers for the County 911 Communications Project is beginning and the goal is to have the project complete in 2007. Mr. Booth feels the project will serve the well being of County residents in many ways. He thought that it might behoove the County, the Towns, and the City to have a discussion about the need for ordinances to prevent people building facilities that interfere with the facilities. The County is spending $20,000,000 on the communications system and it seemed to Mr. Booth that they do not want other facilities interfering with the communications system. Mr. Booth reminded the Board that the Hilton Garden Inn disrupted the County's communication system several times during its construction. Tall facilities in strategic places may cause problems and it should be discussed to deal with the issue. The Legislature is in the process of adopting a 20-year capital plan. It is currently in preliminary draft form. The plan talks about many things, but it looks toward eventual decisions on 3 major types of buildings for the County: a new health department on West Hill 1 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 or downtown, decision on Public Safety Building (enlargement of the jail), the Center of Government (county office needs that need to be met). The County recently received a draft j of the affordable housing report. The City is currently commenting on it and comments are being accepted through the end of May. The report has significant numbers in terms of projected housing units needed and the difficulties of many residents being able to afford housing. Mr. Booth reported the Legislature is beginning a discussion about what to do with the number of deer in Tompkins County. There are no quick fixes, but it is a serious problem. Any strategy is likely to be expensive. There have been several discussions in different committees about the Avian Flu threats. If such an event were to occur, the County and its communities will face a whole set of challenges never met before. They had some frightening discussions with the County Health Director and head of Emergency Services. There are a lot of questions that they just have not had to think about before. For example, is it possible, desirable, and legal to assign County employees to other responsibilities in the case of an emergency. There are questions with the unions if that were to happen. Mr. Booth offered to answer any questions the board may have. Councilman Burbank asked Mr. Booth to talk a little bit more about what would be happening in terms of the deer. He wondered who was doing it. Mr. Booth responded that they just decided to start discussions through the Planning Committee. He heard that one of the ! ) experts at Cornell and people at the Cooperative Extension have information to share. There are a series of strategies out there and none of them are close to foolproof. Some raise politically difficult questions. Mr. Booth thought that in a number of communities the best way to deal with deer is to shoot a number of deer, which is not an easy sell. It is not a discussion that is going to come to closure anytime soon. Councilman Stein asked if the deer problem was worse in Tompkins County than in other counties. Mr. Booth thought that the problem was probably similar in surrounding areas. Councilman Engman reported having glanced at the housing study and thought it was superb. He did not remember seeing the role of employers in housing addressed in the study. Councilman Engman wondered if that was going to be dealt with. Mr. Booth explained that the study was an assessment of the need. It is not a strategy document, but does suggest some broad strategies. There are many potential contributors to deal with the issue and the report is not that. The report is to get a handle on the numbers of anticipated needs. Mr. Booth was disappointed that the study did not try to assess the impact of Cornell and Ithaca College on the housing markets. He thought that you really needed to take a look at what student populations are doing to affordability. Councilwoman Leary asked if there was surveillance of the deer to see if chronic wasting disease entered the population. Mr. Booth did not know. Any discussions will have to closely i | involve the Department of Environmental Conservation. A County or Town government cannot deal with the problem without close involvement of DEC. May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Supervisor Valentino commented that there have been meetings with different municipalities about forming a Council of Governments. They are moving ahead with the County and City being involved with a health insurance consortium. She thought that it could turn out to be one of the most exciting things they do together going forward and wondered what Mr. Booth thought about it. Mr. Booth has not been to any of the meetings and has not heard an update in recent months. He thought that it made sense and should be explored. Supervisor Valentino thanked Mr. Booth for his report. Agenda Item No. 4 - Report of City of Ithaca Common Council Ms. Korherr appeared on behalf of Common Council and reported as follows: A group of Ithaca College Communications students agreed to take on a public awareness campaign for the City along the lines of pedestrian safety. They did a phenomenal job of creating a multi-media presentation (television, radio, newspaper, pamphlets) and set a timeline to begin implementation. The students branded Ithaca as a City that takes steps towards a safer Ithaca. Common Council adopted, through resolution, the National Incident Management System, which is a comprehensive emergency management planning tool. Prior to that the Fire Department and other City agencies were trained in ICS (Incident Command). The Department of Homeland Security actually requires a municipality that applies for or requests reimbursement on a grant to be NIMS compliant. They actually gave the City a deadline of September 1, 2006 and the City is doing their best to comply with the training program. Discussion came up in committee that some Town of Ithaca staff might benefit from the training as well. Tom Dorman is the contact person for training. Common Council unanimously approved the resolution to establish a joint study group to investigate shared services between the City and the Town. Ms. Korherr thought that would be a fascinating committee and that a lot of good would come out of it. Capital Project No. 445 was amended for the Cayuga Waterfront Trail. It approved slightly increasing the costs of a study to evaluate that phase. Councilman Engman asked if it was phase 3. Ms. Korherr responded that it was phase 3. The cost came out to be $50,000 in excess of what was budgeted. Councilman Burbank asked if the Mayor has made appointments to the Joint Town City Shared Services Committee. Ms. Korherr said that appointments have not been made. Councilman Burbank wondered what mediums would be used to implement the campaign put together by Ithaca College students. Ms. Korherr explained that every media type has a piece that can be utilized immediately. It includes public service announcements for the Ithaca Journal and radio stations. There is a television piece. It was all-inclusive. The City is grateful that Ithaca College was able to take on the project because it would have cost them a lot of money to put it together themselves. May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 nSupervisor Valentino asked Ms. Korherr if she was on the committee looking at the taxi j ordinance. Ms. Korherr responded that she is on the Taxi Operations Review Committee. The Committee has met and they have a lot of work to do. The City ordinance is much more detailed than the Town's. She thought that the rates are a key piece to the project. They are looking at establishing zones, meters, a single rate per mile and evaluating all the options. Supervisor Valentino thought it would be good to coordinate to have the same ordinance. Supervisor Valentino thanked Ms. Korherr for her report. Supervisor Valentino brought the Board's attention to correspondence in the Board packet. Mr. Romanowski's appointment to the Ithaca Board of Fire Commissioners expires June 30, 2006 and he has written the Town stating he is willing to be reappointed. It will be on the June Board agenda. Agenda item No. 5 - Report of Fire Commission (Attachment #1) Mr. Romanowski appeared on behalf of the Fire Commission and read his monthly report to the Board. Items not in Mr. Romanowski's written report: Mr. Romanowski commented that Ms. Korherr talked about the National Incident Management program. It will be reviewed and presented for adoption on a quarterly basis. I The Ithaca Fire Department continues to support an 8 county collaboration of hazardous material teams. (Formerly known as Central New York Regional Hazardous Materials Team Consortium). They meet regularly to collaborate training, resources and response capabilities. No one department or area would have to bear the brunt of trying to control a hazardous material incident. The City of Ithaca is considering an alternate use of the area on the west side of the Inlet adjacent to the Cass Park pool for the installation of dockage for use by transient and City of Ithaca owned watercraft. It is still in the discussion stage, but might impact future planning for the fire department's marine rescue unit. The City has undertaken a local action plan to reduce greenhouse gases. They are considering a proposal to reduce greenhouse gas emissions from the government operations. The plan recommends the City set a goal to reduce greenhouse gas emissions to 20% below 2001 levels by 2016. It includes steps to achieve the goal. The Fire Chief is appointing a task group to study the report and develop initiatives suitable for the department to consider. The City workforce is in the process of taking National Incident Management Systems training. Depending upon job function and title, most employees are obligated to take one or | more components of the training. The Fire Department is heavily involved with the organization of the training. May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilman Stein asked what any agency could do to significantly reduce the production of greenhouse gases. Mr. Romanowski responded it could be done by the kind of vehicles the agency uses and energy conservation. Agenda Item No. 6 - Persons to be Heard and Board Comments Zachary Ford, Student Body President Elect at Ithaca College Mr. Ford appeared before the board to introduce himself as student body president elect at Ithaca College. Mr. Ford and his cabinet hope to create a revolution in the way that the community of Ithaca and Ithaca College interact. They are hoping that the community and the student body can build a direct relationship. There has been a lot of communication between the administrators at Ithaca College and the local residents, but they really hope to open the lines of communication directly to the students. Mr. Ford wanted to introduce various ideas to the Board that they are going to be investigating and talking about throughout the next year. One of the things Mr. Ford is hoping to do on the students' behalf is better network the off-campus student population. Keep them informed of what is happening and better educate them about ordinances of the City and the Town. One of their big ideas is to create social programs in the community that bring students and local residents together in a fashion that is not to discuss something that is a problem or an issue, but to interact socially and get to know one another. At the same time, they want to hold "Town Hall" meetings where discussions can happen about what life is like in the community without there being a specific problem instigating the meetings. He would also like to open up dialogue between the governmental structures. Mr. Ford invited board members to come to student government meetings held Tuesday evenings at 8:15 p.m. He also hopes that they can come to the Town Board to ask questions and keep lines of communication open. Mr. Ford commented that there have been a lot of issues in the past and they cannot start over with a clean slate, but they can look at where the situation is and how relations are now and do their best to work from there. He is looking forward to working with the Town Board, Common Council and community residents. Supervisor Valentino thanked Mr. Ford for coming before the board. Councilman Stein stated that he has been working with Councilwoman Leary on the proposed noise ordinance. He thought that what Mr. Ford is doing is commendable and would be happy to meeting with him to answer any questions he might have. Mr. Ford thanked Councilman Stein and commented that he also spoke to Common Council on Wednesday and did not realize at the time the impact he was making because he did not realize no one had done it before. Mr. Ford is looking fon/vard to a new relationship between Ithaca College students and the community. Councilman Engman asked for Mr. Ford's contact information. Mr. Ford gave the board his contact information. May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Supervisor Valentino mentioned that she received a phone call from Peggy Williams' Ms. Williams will be setting up a meeting to discuss issues and Supervisor Valentino would be | ! pleased to hear from people what things should be talked about at the meeting. Ram Mackesey, City of Ithaca Ms. Mackesey appeared before the Board to encourage them to pass the proposed noise ordinance. She has lived on South Hill for over 30 years and has seen a tremendous change. It is a difficult situation because they love having students in the neighborhood, but the problem is the noise and other situations that occur. People have sold their houses because they could no longer abide the noise. One situation occurred where a street sign was thrown through a plate glass window of a 70-year-old woman. She is sure the board has heard similar stories from Town residents. Ms. Mackesey was before the board to say the changes in the noise ordinance and the cooperation by Ithaca College has made a sea change in the neighborhood. It is quite remarkable. She thought what they were doing with the students was approving their behavior by not taking action. The students have responded tremendously well to this when it was brought to their attention. Ithaca College has also played a very active role. It is wonderful to see people like Mr. Ford taking leadership roles and they look fon/vard to it. She thinks that the board will see similar results in the Town if they pass the noise ordinance. Supervisor Valentino thanked Ms. Mackesey for her comments. Additional Agenda Items to be Added to the Agenda ! Supervisor Valentino asked the Board to add discussion of Larissa Lane and the Westview Subdivision to the evening's agenda. Councilman Stein stated that since their last meeting he has been mulling over the question of the water testing fees and the lawsuit that is going on between Bolton Point and the County. He has been feeling that the Town Board, who is a major part of the Bolton Point project, does not have an overview of this situation. With that in mind, he would like to hear the County's point of view. Councilman Stein explained that he wrote an email to Ms. Hunter saying he would like to put this on the agenda and then he had a discussion with Supervisor Valentino and he thought that outcome was that it was no longer on the agenda. He thought about it more and decided to ask the Board to put it on the agenda. Councilman Stein proposed that at 7:45 p.m. the Board listen to a presentation by Tim Joseph and Steve Whicher on the Health Department Fees. Motion made by Councilman Stein to add the 7: 45 p.m. presentation to the agenda. Councilman Burbank seconded the motion. Supervisor Valentino wanted to address the misunderstanding between herself and Councilman Stein and explain why the item was taken off the agenda. She explained the reason it was removed from the agenda was because several people have worked very hard ^ to get a postponement of the lawsuit. They were successful in getting it postponed for 60 | days. It is not due to be heard before the court until July 7*^. The reason for the postponement is because many felt that an agreement could be made without going to court. May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Supervisor Valentino felt that discussion of the item this evening was premature. They most likely would be working very hard not to have a lawsuit pursued. The committee, chaired by Frank Proto, met last week and voted unanimously to have John Anderson continue his work on different scenarios for fees that might be acceptable to the Bolton Point Commission. There are several people working on other models that would meet that criteria that would still have the County collecting the full amount of money they need to collect, but to hopefully change the fee structure to something the Commission would feel comfortable with and is legal and would meet everyone's approval. She reiterated that many people were working hard to avoid a lawsuit or the continuation of a lawsuit. Supervisor Valentino stated that if after month's worth of work they haven't made any progress on these negotiations it would still give them June to have the discussion Councilman Stein is talking about. It would also be when Councilman Cowie is present, who expressed a great deal of interest in understanding the issue. Supervisor Valentino proposed that the board revisit this for the June agenda where she thought the discussion would be much more productive than it could be at this meeting. Councilman Stein responded that there are two issues before the board. One is there is a difference of opinion between Councilman Stein and Supervisor Valentino whether it is an appropriate time to have this discussion. First, Councilman Stein wanted to address the other point, which is stronger with him. He asked if a board member disagreeing with the supervisor has the right to put something on the agenda. He was confused when talking with Supervisor Valentino over the telephone, and pointed out that the Policies and Procedures Manual makes it clear that the Supervisor and SAC do not have the right to take something off the agenda if a board member asks for it. He wanted to make that point as strongly as he could, and he would not expect that to happen in the future. His second point was that negotiations are still going on, and when a case is in court, there is some danger in discussing it in a public meeting. Neither Bolton Point nor the Town of Ithaca nor the County would want to do that. He would just like to understand the situation before the lawsuit was engaged. He would like to be a part of discussions, or know what those discussions were, when there were discussions between the two parties. Councilman Stein spoke with Mr. Joseph on the phone and made it clear that he did not expect to have any discussion of legal strategy or anything like it. He wanted Mr. Joseph to talk about their rationale for the fees and does not see any reason why having that point of view expressed should derail or even impact negatively the discussions that are going on. Supervisor Valentino explained that she called Councilman Stein because she knew he had asked to have it on the agenda. She told him at the time about the postponement and said that she was going to have the board discuss it in executive session. Supervisor Valentino stated that this is where Councilman Stein and Supervisor Valentino differ because Councilman Stein did not ask her to keep it on the agenda when she told him she was going to move it from the agenda, nor did she hear that he wanted it back on the agenda until today. She agrees 100 percent with Councilman Stein that when board members want something put on the agenda that it should certainly be on the agenda to discuss. Supervisor Valentino reiterated that Councilman Stein did not ask her to keep it on the agenda. She could have been called last week after the final agenda went out. She could have been May 8,2006 Regular Town Board Meeting Approved June 12, 2006 called at that point, she has not been called and did not know until today that Councilman Stein wanted it back on the agenda or that he had asked Mr. Joseph to come and speak. ] Supervisor Valentino further explained that the Town's brief is now a public document that has been in the court and she has copies for the board. She thought she had instructed Ms. Hunter to send it out to everyone prior to this meeting, but we had a miscommunication and she apologies that the board did not get that information and also a brief summary of the law. The other point that she would like to make is that the County's brief is not yet a public record. So they do not know officially what their response to that is. The board should not discuss the brief publicly until the brief is public. Councilman Engman agreed that the board should not be discussing it and it sounded like everyone is in agreement on that. He did not think having the presentation from the* County would be an issue because it would simply give the Board more information about what they are thinking. As long as they don't discuss the item in public, it seemed to Councilman Engman that it is not a bad thing to go ahead and listen to the folks who had been invited to come. Councilman Stein wanted to return to his first point regarding how a Town Board member puts something on the agenda. He would hope that in the future they have an agreement that if a Town Board member sends an email to the Town Clerk saying that he or she wants something on the agenda that it will be on the agenda. _ n Ms. Hunter remarked that it was indeed on the agenda. Mr. Stein told her he was not 1 finished speaking, he had not finished. He asked Supervisor Valentino if she had recognized Ms. Hunter stating he did not think so. Ms. Hunter excused herself and asked Mr. Stein to go right ahead. Mr. Stein continued stating that the item would appear on the agenda unless that Town Board member says that he or she no longer wants it on the agenda. He thought that his email to Ms. Hunter meant that it had to appear on the final agenda of this meeting unless he retracted it. He would hope that is the procedure in the future. The retraction cannot be what the Supervisor thinks that the person she was talking to on the telephone felt. He told Ms. Hunter he sent something to her and would hope in the future if anyone sends something to her by email, or by telephone call, that you will respect that unless that person says they don't want it on the agenda then it won't be on the agenda. Supervisor Valentino responded that if any board member sends something on the agenda under this circumstance because there is this miscommunication between Councilman Stein and herself, then Ms. Hunter and Supervisor Valentino will respond in email. She stated that they should expect a response back saying yes that is a logical reason to postpone it or drop it or, yes I definitely want it still included so that there is not miscommunication or mix up ever again. She asked Ms. Hunter if that was acceptable to her. Ms. Hunter responded that she is here to serve all board members. She does not want to be a war zone and she does not want the agenda to be a war zone. There are adopted rules of procedure. There has not been training in the rules of procedure. There has not been a 8 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 workshop to go over together the rules of procedure. Ms. Hunter does not consider herself as yet an expert in executing those rules of procedure. Her intentions are the best. She is here in an attempt to do what everyone wants, however, there needs to be some collective decision on the part of the Board as to what it is they want to do. Othen/vise, she is being volleyed back and forth as this document is being put together. She would hope that if things are amiss or if someone sees that something they have asked be on the agenda is not on the agenda they contact her and question an omission or help her do what it is they would like done. She reiterated that her intentions are the best and she will do her best. Ms. Hunter stated that she is sure she will make mistakes, when she does make a mistake, please point them out to her. In terms of differences between members of the board about what is to be on the agenda, she does not know how she can make that call. Councilman Stein responded that it is clear. It says that the Town Clerk makes up the agenda and that any board member has the right to add anything she or he wants. It's crystal clear. So if there are differences, the person who says they want it wins. If somebody says I want it and 6 other people say they don't want it, it appears on the agenda. A Board Member has the right to put something on the agenda, it's really quite straight forward. Ms. Valentino stated that she did not think there was any disagreement on that. Ms. Hunter commented that there are many changes in process, there are changes in attorneys, there are all manners of procedural changes, that everyone needs to exercise some patience and tolerance until everyone gets it right. ^ Councilwoman Leary thought the default should be what the manual said and as far as no training, with the number of sessions that they went through to get the manual adopted, for now at least, everyone pretty well knows what the manual says. Councilwoman Leary thought that it sounded like it was a misunderstanding. It is perfectly reasonable that if the Supervisor has new information to try to get back to the board member and make sure what they want to do. Absent any response from the board member, the assumption should be to err on the side of the letter of the manual. Supervisor Valentino agreed and thought that is what she had done, but apparently there was a misunderstanding about that. Supervisor Valentino asked Ms. Brock if she had any advice for the board how to proceed if they move fonward with the presentation regarding the Health Department fees. Ms. Brock responded that the board should exercise caution in the formulation of their questions and responses. She knows that everyone would like the negotiated settlement to succeed and that everyone will be mindful of it. Supervisor Valentino asked if the board was ready to vote on having a 7:45 p.m. presentation by Tim Joseph and Steve Whicher about their position on the health fees. IB RESOLUTION NO. 2006-101: Approval of addition to the agenda of presentation bv Mr. Joseph and Mr. Whicher regarding Health Department fees to Boiton Point ^ BE IT RESOLVED that the Town Board of the Town of Ithaca add a 7:45 presentation by Mr. Joseph and Mr. Whicher regarding Health Department fees to Boiton Point to the May 8, 2006 Town Board agenda. May 8,2006 Regular Town Board Meeting Approved June 12, 2006 MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Councilwoman Leary, aye; Councilman Stein, aye; Councilman Engman, aye; Councilman Burbank, aye. Supervisor Valentino, nay. Councilman Burbank stated that there were several letters in the correspondence that called for action. He just wanted to highlight a few and make sure they were being referred to the appropriate place. The first was the mowing of the cemetery and Councilman Burbank assumed that Mr. Noteboom had seen the letter. Mr. Noteboom responded that they have been in contact with the cemetery and are waiting for their response. The second letter dealt with flooding on Salem Drive and Mr. Noteboom said that they had received an emailed petition, which Public Works would be discussing. Councilman Burbank also asked about EcoVillage's request for the Town to take over ownership of the bus shelter. Mr. Noteboom explained that they will be responding to them and that the Town does not own bus shelters. Councilman Burbank noted that Federal funding was contingent on ownership and wondered if they were misinformed. Ms. Brock added that she spoke with Dwight Mengle and confirmed that the County could own the bus shelter, which would allow EcoVillage to receive the reimbursement through Federal funding. Councilman Burbank was unclear what the Town should to in regards to the request by Ellis Hollow Apartments to discourage bicyclists on the path. Mr. Noteboom spoke with them and had suggested a warning sign for bicyclists to be courteous. Councilman Burbank liked that approach a lot more than what was suggested in the letter. Councilman Burbank commented that the Federal Government has determined that counties will pretty much be on their own to deal with an avian flu epidemic. He would appreciate a discussion in the future as to what the Town's procedures are and what gaps need to be filled. He felt that the board needed to have a better understanding of what the procedures would be and what they might need to be doing. Mr. Walker explained that the Tompkins County Health Department is taking the lead on it and have a new position that deals with biological hazards. They are looking at setting up the hierarchy of triage of who would get the bird flu vaccinations if it became available. They are doing different tabletop exercises and planning with the Federal government. It is being looked at as a local response. The big question is where will the vaccine come from and how it will be distributed. Councilman Burbank added that another question is the continuation of basic services. Mr. Walker explained that the first people to get the flu vaccine would be hospital and emergency medical personnel because they are the ones taking care of the people getting sick. The next would be first responders and other essential personnel for governmental operations. The Tompkins County Emergency Management Committee is meeting monthly and under discussion is a public officials conference for fall 2006 to bring information to the local officials on what is happening and their responsibilities. Mr. Walker will talk to Alice Cole about a presentation on pandemic issues. 10 n n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilwoman Leary agreed with Councilman Burbank that the board should keep up with the issue. She clarified that there is a difference between the vaccine and the tamiflu. The tamiflu is currently available, but the vaccine is a ways a way. Supervisor Valentino added that the public needs to well-informed. Ms. Drake brought the board's attention to the additional agenda item for the agreement with the Village of Cayuga Heights for a constable. Councilman Stein commented that it wasn't voted on and that there was mention earlier of a third additional item. IB RESOLUTION NO. 2006-102: Additional agenda items regarding Westview Subdivision and Constable BE IT RESOLVED that the Town Board of the Town of Ithaca add discussion of the Westview Subdivision and Discussion of Agreement with the Village of Cayuga Heights regarding a Constable be added to the May 8, 2006 agenda. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 7 - Discussion of Town Board and Committee Priorities Supervisor Valentino explained that staff is unclear on the Board's priorities for 2006. They also need to start discussion of 2007 priorities. She asked the Board if they had any comments on priorities. Councilman Engman stated he has a good grasp on the priorities for the committees he serves on. He would like at some point for everyone to brainstorm about 20 years from now and the Town of Ithaca that they would like to see. They had that type of conversation at the Farm Land Preservation Committee meeting as they looked at data. It brought up interesting questions about what the future holds for the Town of Ithaca. He felt the Town needs to take a look at their Comprehensive Plan. Otherwise, he was comfortable with the priorities for 2006 and 2007. Councilman Burbank agreed with Councilman Engman and appreciates the effort staff went to in laying out the list of priorities. He thought that when it comes down to doing one thing or another, then it is helpful to have feedback from Board. Councilwoman Leary stated that the Town does need a new Comprehensive Plan. She thought that they should keep in mind the environmental impacts that can be addressed by the Town and affordable housing needs as they approve developments. Supervisor Valentino added that it was on Mr. Kanter's priority list to set up a group to review the Comprehensive Plan. Mr. Kanter stated that they need the Town Board to say that they are going to review the Comprehensive Plan because there could be major implications in terms 11 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 of the budget with staff time and resources. It is not a project to be taken lightly. It is a major undertaking. As they move toward 2007 budget discussions, Mr. Kanter thought it was something that they needed to think about. Agenda Item No. 8 - 6:45 p.m. - Town of Ithaca Storm Water Management Plan Annual Report to NYS DEC - discussion and opportunity for public comments and guestions (Attachment #2 - Phase II SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems) Ms. Ritter explained that the Federal Government and the State, who require a permit for stormwater being discharged into any waters of the United States, require the report. In order to get the discharge permit, the Town has to put together a stormwater management plan. Reports need to be filed annually and this is the third year the Town has reported. Councilman Burbank asked what happens if the report is not filed. Ms. Ritter responded that they would receive letters from the State. She pointed out that there are two parts, the annual report and then the municipal compliance certification form. She noticed that she made two errors on page two of the compliance form. Question 1 asks about impaired water and Ms. Ritter noted that the southern end of Cayuga Lake is an impaired water, but only noted sediment and it should be sediment and phosphorous. Ms. Ritter responded no to Question 3, but it should be yes. The Town is trying to comply with keeping silt and phosphorous from getting into water bodies the best they can. Ms. Ritter ran through the six minimum measures and gave an update on the measures to the Board. Supervisor Valentino invited members of the public to address the board on the issue. Rich Dipaolo, South Hill Mr. Dipaolo appeared before the board and stated that he had read the report. He commented that the specificity in the report is not sufficient in bringing the public up to speed in terms of what is happening and wondered if there were any avenues by which information could be disseminated in a more complete way. He gave an example of the gaps in funding mentioned in the report. The report in unclear with regard to how the funding gaps will be filled. Mr. Dipoalo stated that there is a reference to the plan being fully implemented by 2008 and another reference to funding not being secured until then. He wondered how the plan could be implemented if the funding wasn't expected until 2008. The report refers to local laws that need to be developed and asked if draft copies of the local laws were available. He commented that if there are draft laws, it would be nice to have them on the website. Ms. Ritter explained that the Town has been looking at model ordinances, but has not put together draft local laws. He asked who would enforce the dumping local law and thought it was an important consideration. On Page 5 of the permit. Questions 6 and 7 are blank and Mr. Dipaolo was unsure if they needed to be answered. He commented that it appeared the Town had hired an intern to map the discharges and quantify the extent of stormwater issues in the Town of 12 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Ithaca. A few years ago, someone walked 100 miles of the watershed with a GPS unit and a lot of the discharges categorized were done to stringent criteria. Mr. Dipaolo did not know if the current data could be used to fill in gaps in the Town's data, but thought that the Town might want to look at the data. Mr. Dipaolo was surprised to read that the Town uses fertilizer at all. He lives on South Hill and does not fertilize his lawn, but his lawn is still plenty green. The Town might want to look at their policy and set an example for residents using fertilizer. He commented that on Page 10 of the permit, there is a reference to the fact that verbal notification is issued when there are violations of stormwater management practices at construction projects. Mr. Dipaolo noted that a few verbal contacts need to be made. He wondered why there needed to be that kind of leeway given to people who have been contacted once about an issue. The Town might want to consider tightening up enforcement on construction sites. He thanked the board for their time. Agenda Itend No. 10 - 7:00 p.m. - Public Hearing regarding Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions (Attachment #3 - Local Law No. 8 of 2006: Amending Chapter 184 of the Town of Ithaca Code Titled "Noise") Supervisor Valentino opened the public hearing at 7:00 p.m. The Town Clerk had proof of posting and publication. Steve Ehrhardt, Juniper Drive Mr. Ehrhardt appeared before the board. Mr. Ehrhardt made the following statement: The neighbors of Ithaca College view the proposed Noise Ordinance as an effective tool for curbing the drunken parties, which lead to the destructive behavior by college students in our neighborhood. As members of the Ithaca Town Board, you are our neighbors, too. You know what it is like to have a neighborhood and want to defend it. We all have the right to live in a neighborhood free of vandalism, destruction of private property, excessive noise, shouted obscenities, aggressive drunk driving. Just to mention a few of the behaviors that accompany the disruptive college parties. We have talked to Ithaca College and they could have said something like we sympathize, but we don't want our students' lives disrupted by an arrest record. They didn't say that. They said pass a tough noise ordinance and we'll support it and prosecute the violaters to the full extent of the law. We went to the Sheriff and he's a busy guy with a big county and he could have said, well I sympathize, but I don't have the resources to enforce quality of life laws and we'll do what we can, but he didn't say that. He said he takes quality of life crime seriously and he will help us and he'll be there for us and if we pass a tough noise ordinance he'll enforce that law, too. So we are coming here tonight to appeal to you to approve the noise ordinance so that all of us can better enjoy our neighborhoods. We thank you for your efforts in preparing the ordinance and listening to our concems. Thanks very much. Members of Mr. Ehrhardt's neighborhood stood up in support of his comments. 13 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Robert Holt, Director of Public Safety at Ithaca Mr. Holt read a statement from the College regarding the Noise Ordinance. (Attachment #4 - Remarks by Ithaca College). Mr. Holt gave a copy of his comments to the Town Clerk for the record. Supervisor Valentino thanked Mr. Holt for coming down in support of the Noise Ordinance. John Greggs, Pleasant Street Mr. Greggs appeared before the board and attested to what the Noise Ordinance has accomplished on South Hill in the City. Until the noise ordinance was adopted, there were the same problems in the City as in the Town. The noise ordinance turned the situation around. There are still a few problems, but it made sleeping on the weekends doable. Mr. Greggs suggested the Town Board adopt the Noise Ordinance. Supervisor Valentino thanked everyone for their comments and patience and for helping the Town with the issue. She closed the public hearing at 7:05 p.m. and brought the matter back to the board. Supervisor Valentino stated she received a call from Peggy Williams' office to set up a meeting between the two of them to discuss South Hill issues. She asked for comments from the Board. There were none. Agenda Item No. 11 - SEQR - regarding Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions (Attached #5 - SEQR - Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise") Councilwoman Leary moved the SEQR motion and Councilman Stein seconded. Attorney Brock recommended striking the language after reference to section 184-10 and substitute "and revise other provisions in chapter 184". She explained that there were changes in other sections, not just the ones that are listed. There were changes in a number of other sections and Ms. Brock thought it would be most expeditious to substitute the suggested language. Supervisor Valentino asked if the Board was all right with the proposed changes. There was no opposition. TB RESOLUTION NO. 2006-103: SEQR: Proposed Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" WHEREAS, this action is the enactment of a local law amending Chapter 184 of the Town of Ithaca Code titled "Noise"; and j n 14 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, said proposed local law would add certain definitions to the law and add provisions regarding the prohibition of unreasonable noise (Section 184-5), regulations regarding parties and other social or fundraising events or gatherings (Section 184-9), noise created by animals (Section 184-10), and revise other provisions in Chapter 184; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency in conducting an uncoordinated environmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a public hearing held on May 8, 2006, has reviewed and accepted as adequate the Short Environmental Assessment Form (EAR), Parts I and II for this action, prepared by Town Planning staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAR Part I and for the reasons set forth in the EAR Part II referenced above in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Code of the Town of Ithaca, titled "Environmental Quality Review", for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilwoman Leary SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. AGENDA ITEM NO. 12 - Consider adoption of Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions. TB RESOLUTiON NO. 2006-104: Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE TITLED "NOISE" TO REVISE PURPOSE AND DEFINITIONS. ADD PROHIBITION AGAINST UNREASONABLE NOISE. AND REVISE NOISE SOURCES. PERMITS, AND VIOLATION AND PENALTY PROVISIONS" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on May 8, 2006 at 7:00 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE TITLED "NOISE" TO REVISE PURPOSE AND DEFINITIONS, ADD PROHIBITION AGAINST UNREASONABLE NOISE, AND REVISE NOISE SOURCES, PERMITS, AND VIOLATION AND PENALTY PROVISIONS"; and 15 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has on May 8, 2006 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town's Planning staff; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE TITLED "NOISE" TO REVISE PURPOSE AND DEFINITIONS, ADD PROHIBITION AGAINST UNREASONABLE NOISE, AND REVISE NOISE SOURCES, PERMITS, AND VIOLATION AND PENALTY PROVISIONS", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye Councilman Burbank, aye Councilwoman Gittelman, absent Councilman Engman, aye Councilman Stein, aye Councilwoman Leary, aye Councilman Cowie, absent Supervisor Valentino and Councilman Stein encouraged the residents to contact the SherifTs office regarding enforcement of the new law. Both Valentino and Stein stated they had been in contact with the Sheriff and had no doubts he was serious about enforcing the amended ordinance. Attorney Brock asked that everyone be aware that the law needed to be published and filed ] with the Secretary of State before it can become effective. It will be about 10 days before the law will come into effect. 16 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 There was a short break in the meeting. AGENDA ITEM NO. 9 - Consider Authorizing Supervisor to Sign Agreement to Create the Stormwater Coalition of Tompkins County (Attachment #6 - Draft Memorandum of Agreement to Create the Stormwater Coalition of Tompkins County) The Board received Ms. Brock's version of the agreement in the Board Packets. Supervisor Valentino explained that the reason the Board was being asked to give the Supervisor authority to sign the agreement is that there may be some tweaking before the agreement is finalized. There are many municipalities involved in its approval. IB RESOLUTION NO. 2006-105: RESOLUTION FOR THE TOWN OF ITHACA TO ENTER INTO A MEMORANDUM OF AGREEMENT FOR THE STORMWATER COALITION OF TOMPKINS COUNTY AND TO AUTHORIZE THE SUPERVISOR TO EXECUTE THE DOCUMENT ON BEHALF OF THE TOWN OF ITHACA WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the Phase II stormwater regulations (regulations) in 1999 that require owners and operators of small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge stormwater to the waters of the U.S.; and WHEREAS, the EPA requires MS4s in New York State to obtain permit coverage under the New York State Pollutant Discharge and Elimination System (SPDES) General Permit for Stormwater Discharges from MS4s (GP-02-02); and WHEREAS, to maintain coverage under GP-02-02, regulated MS4s must prepare and implement a stormwater management program that includes the six minimum control measures as described in GP-02-02, or demonstrate that the program provides at least equivalent protection; and WHEREAS, the MS4s in Tompkins County receiving GP-02-02 coverage have been meeting since October 2003 to identify common elements and collaborate on the implementation of their stormwater management plans, and WHEREAS, by working collaboratively and cooperatively to meet the requirements of GP-02- 02, MS4s can make more efficient use of resources allocated to meet the requirements of GP-02-02; and WHEREAS, Article 5-G of the New York State General Municipal Law authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis; and 17 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, in order to continue working together on overlapping compliance issues and joint funding opportunities, the MS4s in Tompkins County wish to enter into a Memorandum of Agreement which formally creates the Stormwater Coalition of Tompkins County and establishes the rights and responsibilities of the municipal members; and WHEREAS, this document has been reviewed by the Attorney for the Town, and the other potential members of the Stormwater Coalition of Tompkins County are reviewing her comments; and WHEREAS, it is anticipated that the document will soon be finalized and will satisfactorily address the comments of the Attorney for the Town; THEREFORE BE IT RESOLVED, that the Town Board hereby approves entering into a Memorandum of Agreement for the Stormwater Coalition of Tompkins County that contains substantially the same terms as those in the attached draft document and that is in a form approved by the Attorney for the Town, and BE IT FURTHER RESOLVED the Town Board authorizes the Supervisor to execute the final document on behalf of the Town of Ithaca. MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. AGENDA ITEM NO. 13 - Consider Setting a Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding definition of hospital and regarding permitted uses in Conservation Zones (Attachment #7 - Draft Local Law) Councilman Engman reported that the Codes and Ordinances Committee had looked carefully at the proposed amendment. The Planning Board had been asked for their opinion and it was positive. The hospital was very concerned about the establishment of a conservation zone and its potential effects on future expansion of the hospital should it occur. Mr. Engman thought the hospital was comfortable if they were included in the list of permissible activities in a conservation zone. TB RESOLUTION NO. 2006-106: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES WHEREAS, the Town of Ithaca Codes and Ordinances Committee has reviewed the provisions in the Town of Ithaca Zoning Code regarding definition of "hospital" and regarding permitted uses in Conservation Zones; and 18 n n n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, based on this review, the Codes and Ordinances Committee has drafted a proposed local law amending the Zoning Chapter of the Town of Ithaca Code regarding definition of hospital and regarding permitted uses in Conservation Zones for the Town Board's consideration; and WHEREAS, the above-described amendment would revise the definition of "hospital" to be "an establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes" and would add ""hospital" as a principal use authorized by special permit only in Conservation Zones; and WHEREAS, the Town Board reviewed the above-described proposed local law at its regular meeting on April 10, 2006, and referred it to the Planning Board for a recommendation; and WHEREAS, the Planning Board held a public hearing at its regular meeting on May 2, 2006, and passed a resolution recommending that the Town Board adopt the proposed local law; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 12**^ day of June 2006, at 7:00 p.m. for the purpose of considering a proposed local law amending the Zoning Chapter of the Town of Ithaca Code regarding definition of hospital and regarding permitted uses in Conservation Zones; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. AGENDA ITEM NO 14 - Consider authorizing the abandonment of a portion of the former Ithaca-Oweqo Turnpike to adjacent landowners (Attachment #8 - Certificate and Consent: Survey map showing lands to be conveved to James Warren and Bonnie Warren: letters from J. Barnev re abandonment of propertv and transfer of land to James and Bonnie Warren) 19 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 A revised, red-lined version of the resolution sent to the Board in their packets was on the table for the evening's meeting. Supervisor Valentino asked Ms. Brock to explain the changes. Ms. Brock told the Board that in September of 2004 the former owner of the land in question came to the Town Board and asked that the Town abandon a portion of the former turnpike and convey the land to him. The request was discussed in executive session. There are no minutes reflecting the conversation. John Barney's handwritten notes indicate that the Town agreed in concept to the transfer provided that the owner pay for all of the Town's costs in connection with the conveyance; and provided that the property be restricted by a covenant that prohibited any buildings or structure from being placed on the portion of the land that the Town was conveying. Mr. Barney's notes didn't reflect why that second condition was considered. Ms. Brock stated perhaps it was a concern that this is something somewhat near Elmira Road and the Board did not want any buildings going on the piece of land that might impair sight distances. In the interim, the land has been conveyed to the Warrens. They have proposed a mini-golf course for the site. The proposal has gone through preliminary and final site plan approval at the Planning Board and they have also received all necessary variances from the Zoning Board of Appeals. The parcel of land would include what are considered structures under the Town Zoning Ordinance, namely a driveway, the primary access to the site would be through the parcel of land, a sign, and a fence. The restriction against structures poses a problem and Mr. Barney was not aware of what had happened before the Planning Board and Zoning Board of Appeals. When they talked with Mr. Barney about it, he thought that maybe there was just a general uneasiness on the part of the Town Board because they didn't know what would be proposed for the site and that is why they wanted the condition. If the Board approves the original resolution provided in their packets then the site plan approval cannot be implemented, which is why the I language has been stricken out of the red line version. There is also some language that has been added to the resolution that authorizes the issuance of a building permit upon the applicant meeting all the requirements for the building permit and allowing them to go ahead with the improvements on the Town land. If for some reason the conveyance cannot occur, because this is all subject to permissive referendum, the applicant would have to remove anything that they have done on the land and repair the land back to its original condition. That is what the added paragraph is all about. Supervisor Valentino asked for questions from the Board. Councilman Engman remembered the original discussion and thought what the Board members were thinking was that the one thing the Town was getting out of this was the prohibition against buildings in the right of way because it would give, in effect, a setback. It would be nice and may not be included in the other protections. Mr. Engman stated he was a little loath to see the Town give that up and asked if there were actual buildings planned for the site? Mr. Walker told him there were no buildings planned, but there is a driveway and there are some fences and a sign which all be considered structures. Mr. Engman recommended leaving in everything accept structures and leave in the prohibition against buildings because that would still give the Town something out of the whole deal. Mr. Kanter brought to the Board's attention that with the new parcel added to the parcel that the Warrens now own obviously any buildings would still have to meet the setback requirement of the low density residential zone. The Town-owned parcel is still fairly well set 20 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 back from the actual road right-of-way; the Route 13 corridor actually has a fairly wide right- of-way. In fact, Turbecks' and the adjacent Eddydale operation have parking lots and various improvements quite close to the Route 13 right-of-way. In terms of buildings that may go on this miniature golf course, number one, there is an approved site plan that does not show any building anywhere near close to the Route 13 right-of-way and again, because everything that would be built on the mini golf course site is basically consistent with the types of setbacks that the adjoining properties have, Mr. Kanter did not really see a need for that kind of building restriction, but that was something that was up to the Board to decide. Mr. Walker stated that in addition there is a sewer line and gas line that run in that area which would preclude building because of the easement that exists on it. Supervisor Valentino asked Mr. Kanter if he was basically saying that under the current zoning for setbacks if the Warrens wanted to put a building on the parcel under discussion they would have to meet those requirements. If the Town changed that, would we be asking them to operate somewhat separate from what other folks might be having? Mr. Kanter replied that her first statement was absolutely correct, that the Warrens would have to meet what he thought was a 40 foot front yard setback from their new property line, which would be the street, the highway right-of-way line. He was not sure he understood the second part of her question. _ Mr. Kanter had copies of the mini golf course site plan that he distributed to the Board. i Supervisor Valentino asked Mr. Walker if what he was saying was that the Town had easements, which would prevent them from putting any building on the parcel. Mr. Walker responded stating that the property is roughly 50 feet wide and the front yard set back if 40 feet so the most they could do is encroach 10 feet into that right of way line; and there is a sewer line in there that they may have thought was in the right-of-way which Mr. Walker will have to check on. He stated there is also a gas line in there too. Councilman Stein stated he was missing something; either the provision restricts the Warrens or it doesn't. So why take it out? Mr. Kanter asked why put it in? Supervisor Valentino stated that with the restriction in the resolution the property would be totally useless. Ms. Brock brought the Board back to Mr. Engman's proposal that the Town prohibit any buildings but not prohibit any structures, and a driveway would be considered a structure. As long as there is no prohibition against structures, the driveway, the sign, and the fence would all be permitted. Mr. Engman remarked that if he was reading the map correctly the same right-of-way from the old thruway extends also through the other lands of Babcock so there could be some consistency by extending it. If they come in and want the same thing then that would be an extension along that highway that he thought would be more protective than anything that 21 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 would occur through any of the Town's other provisions. He thought it would be a great idea to leave in the building prohibition and take out the structure prohibition. Mr. Burbank stated he was inclined to agree with Herb. He was concerned about commercial development in general there, which this will be at least a seasonal addition. He reported going to the Eddydale farmstand regularly and was aware that it was a very very dangerous process getting in and out of the site. If they were adding a considerable number of people he reported being very very concerned about safety issues, aesthetic issues. He stated he personally did not want to facilitate commercial development there. He was not enthusiastic about it. Mr. Stein stated that if Mr. Burbank's concern is the safety of getting cars in and out of the site, then he ought to be against the driveway. Mr. Walker remarked that part of the problem with the farmstand is that it doesn't have a defined driveway. Mr. Burbank acknowledged that and added that another part of the problem with the farmstand is if you are going out to it and you're trying to do an opposed left turn you have cars speeding up going south and cars slowing down but still going at very high speeds and it's a very very vulnerable position. This will be the same story and there is no light at the critical intersection where people come out from the park. Mr. Burbank realized the issue was outside of the Town Board's control being a State Highway but felt they were making a bad situation worse. Ms. Valentino asked if the Board was all in agreement with Mr. Engman's recommendation? Mr. Stein stated he was not sure; he was still somewhat confused. He asked if he was correct in thinking if the Town takes no action whatsoever the Warrens cannot put in a driveway. Ms. Brock told him she did not think that was the case. Right now the Warrens are landlocked, they don't have any access to the road, and so they would have what is known as an easement by necessity. By operation of law they have a right to travel through our land to get out to the road and then as long as they can get a curb cut permit from DOT, which she believed they could, they'd have a right to put in both a driveway and the access to the road. Mr. Stein stated his understand that their rights would not be changed by either forbidding any structure or by saying just forbidding any building because in both cases they could put a driveway in. Ms. Brock stated they could put a driveway in; they wouldn't be able to erect other things on what is currently the Town's property, the sign or the fence. Mr. Kanter stated the other thing that they could not do would be to have the shared driveway for traffic to go back and forth between Eddydale and the mini golf course. Mr. Kanter thought that would be an essential part of the plan and that part of the driveway would not be by necessity. That is something you definitely don't want to restrict. Ms. Brock reported that was something the Planning Board was quite insistent they include in their plan. Ms. Valentino did not think the Town wants to keep ownership of the parcel. Supervisor Valentino again asked the Board if they would be all right with Mr. Engman's m recommended change to the resolution. Mr. Burbank commented that they were leaving in j ) signage which facilitates (interruptions)...They could basically nix the commercial development by failing to pass the resolution tonight. Whether or not they want to is a 22 pM| May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 different question. Mr. Stein wondered if there was a big a rush about this? Ms. Valentino, Ms. Brock, and Mr. Kanter told him, yes. Mr. Walker stated the people want to build their mini gold course so that they can use it this summer. Mr. Burbank interjected, "that's their rush". Supervisor Valentino told the Board that the Town was responsible for this not being taken care of in an appropriate way so it does become the Town's responsibility. Ms. Brock stated their attorney delivered a deed to the Attorney for the Town quite a while ago and this did not get moved fon/vard for probably well over a year and their attorney has been calling Ms. Brock over the last few months asking that this move. Ms. Brock did not have the project; it remained with the former attorney. There have been communications between the attomeys and it just didn't move. Councilman Burbank thought the circumstance was regrettable and hoped the Town would, in the future, take great pains to avoid that kind of thing happening. Be that as it may, the original intent of this Board relative to the issue was to basically include a provision that essentially made it very hard to do commercial development. By ceding the land the Town is greatly enhancing the value of the land commercially. To reverse course is not something the Board should rush on. Mr. Burbank would feel more comfortable going down, visiting the site, looking at it, talking with some people in terms of the traffic issues, having a real clear understanding of what they are getting in to. Mr. Stein stated if this is important to them for developing their property then maybe the Town can sell the piece of land to them. He stated he just didn't know, but feels uncomfortable being rushed into the decision. Supervisor Valentino stated that selling the property to the applicants was exactly the instruction to the attorney at that time. Regarding the covenants, Ms. Valentino reported that she did not have a recollection of asking the attorney to include them. Supervisor Valentino agreed with Mr. Burbank that these are the kinds of things that should never happen in the Town again, but the applicants worked in good faith with the Planning Board. They have a proposal she thinks the Planning Board and others that have looked at it feel is appropriate for the area; it is not big commercial development of some other kind that the Town could actually end up with. Supervisor Valentino felt it was unfortunate it came up this way and she feels they are working very hard to make sure these things never happen again. Mr. Engman thought the reason the Three Rivers Development never came to the Town Board is because it didn't need to. It was supposed to go to the Planning Board and did. That was the time if anybody had concerns about traffic and so forth they should have been raised. He thought this was an inappropriate time to start talking about those types of issues. He thought the issue at hand is whether the Board wants to now turn over the piece of property and under what conditions. Mr. Engman moved the adoption of the resolution as amended with the exception of the "deed to be given to the grantees contain a restrictive covenant prohibiting construction of any buildings on the property being conveyed". Mr. Kanter mentioned that the application did not go to the Zoning Board to allow the miniature golf course. It went to the Zoning Board for other reasons. One was a sprinkler variance, which they did obtain. The other was for a sign variance for a modestly sized sign. It actually almost conforms to the sign regulations, but because of the way they configured it 23 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 in two panels, it actually included some additional space between the two panels, that put it over the size limit. The zoning, the low-density residential zone does allow specifically miniature golf courses by special permit. So it was not a question of the use on the site. Supervisor Valentino seconded the motion. Mr. Kanter told the Board the other thing the Town was not made aware of was that they needed to do a SEQR, which he prepared and was before the Board for adoption prior to adoption of the resolution. IB RESOLUTION NO. 2006-107: SEQR: AUTHORIZING THE ABANDONMENT OF A PORTION OF THE FORMER ITHACA OWEGO TURNPIKE AND CONVEYANCE TO THE ADJACENT LANDOWNERS - JAMES E. WARREN AND BONNIE 8. WARREN (Adjoining Tax Parcel No, 35-1-10) (Attachment #9 - SEQR) WHEREAS, this action is the abandonment of a portion of the former Ithaca Owego Turnpike, now owned by the Town of Ithaca, and the conveyance of said parcel to the adjacent landowners, James E. and Bonnie S. Warren (adjoining Tax Parcel No. 35-1-10) in the Town of Ithaca; and WHEREAS, it has been determined that the above-described action is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 - Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in this uncoordinated environmental review; and WHEREAS, the Town Board at its regular meeting held on May 8, 2006, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II prepared by Town Planning staff for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAR Part I and for the reasons set forth in the EAR Part II in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Councilman Engman moved and Supervisor Valentino seconded the resolution authorizing the abandonment of a portion of the Ithaca-Owego Turnpike. Supervisor Valentino asked if there was further discussion. 24 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilman Burbank acknowledged that the application had gone through the Zoning Board and asked whether it had gone through the Planning Board. Mr. Kanter told him it had. Mr. Burbank asked for a summary of the Planning Board's understanding of the traffic issues and the way those concerns will be addressed. Mr. Kanter told him traffic had been discussed in a good bit of detail. The access was probably the major concern, where the shared driveway that was proposed between Eddydale and this property was seen to help the situation quite a bit. In terms of site distances and all that type of thing on Route 13, the site distances were adequate in this area. The volumes of traffic on Route 13 obviously are high, especially in peak hours. This kind of use was seen to be occurring mostly outside of peak hours so was not assumed to increase the traffic at those times significantly. Supervisor reported having sat in on that meeting and thought that it is certainly a better project than other things that could happen on the site. She reported that the project was going to be pretty much of an environmental / natural setting that is going to sort of blend in with the area. IB RESOLUTION NO. 2006-108 : Resolution Authorizing the Abandonment of a Portion of the Former Ithaca Oweqo Turnpike to the Adjacent Landowners. James E. Warren and Bonnie S. Warren WHEREAS, Town of Ithaca tax parcel number 35.-1-10 appears to adjoin a portion of the former and now abandoned Ithaca-Owego Turnpike which part of said Turnpike is, in turn, adjacent to the portion of New York State Route 13 appropriated by the State of New York by an instrument recorded in the Tompkins County Clerk's Office in Book 252 of Deeds at Page 63; and WHEREAS, said portion of the former Turnpike is no longer needed for highway purposes, and has not been used or needed for such purpose for many years, having been abandoned as a Turnpike in the late 1800s or early 1900s; and WHEREAS, the Town understands that when the Turnpike was abandoned, title to the Turnpike lands automatically devolved to the Towns through which the Turnpike ran, and as a result, the title to the portion adjacent to tax parcel number 35.-1-10 became vested in the Town of Ithaca; and WHEREAS, by virtue of such ownership, tax parcel number 35.-1-10 has become effectively landlocked with its direct access to NYS Route 13 being blocked by such part of the former Turnpike; and WHEREAS, John B. Babcock, the former owner of Town of Ithaca tax parcel number 35.-1- 10 approached the Town Board through the Town Supervisor and Attorney for the Town and requested that the Town abandon, by quitclaim deed, such portion of the former Turnpike; and WHEREAS, pursuant to NYS Highway Law Section 205 (1) the Town Highway Superintendent has certified that such portion of the former Turnpike has not been traveled or used as a highway for at least six years and should be abandoned and a majority of this Town Board has consented to such abandonment; and 25 RESOLVED, that the Town Supervisor and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the establishment of the transfer set forth above; and it is further 26 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, the Town Board agreed in concept to the transfer, provided Mr. Babcock reimbursed the Town for all expenses it incurred in connection with the transfer, and provided further that the property be restricted by a covenant prohibiting construction of any buildings on the property; and WHEREAS, tax parcel number 35.-1-10 has since been conveyed by Mr. Babcock to James E. Warren and Bonnie S. Warren by deed dated July 13, 2005 recorded in the Tompkins County Clerk's Office as Instrument number 475703-001; and WHEREAS, the Town Director of Engineering has reviewed the request and has expressed his opinion that such transfer would not be deleterious to the Town or its facilities; and WHEREAS, it appears that there is no benefit to the Town to continue to own said portion of the former Turnpike; and WHEREAS, to complete the transfer to Mr. and Mrs. Warren, as successors to Mr. Babcock, the Town Board must adopt a formal resolution authorizing the execution of a quitclaim deed to Mr. and Mrs. Warren, NOW, THEREFORE, it is hereby RESOLVED, that the portion of the former Ithaca-Owego Turnpike, being more particularly described on Schedule A annexed hereto, be conveyed by the Town of Ithaca to the owners of Tax Parcel 35.-1-10, James E. Warren and Bonnie S. Warren; subject to the following conditions; 1. All costs to the Town of accomplishing this transfer, including any and all recording fees, deed stamps (if any), filing fees, publication fees, and attorneys' fees be paid by the grantees or by John Babcock; and 2. The deed to be given to the grantees contain a restrictive covenant prohibiting construction of any buildings on the property being conveyed; and it is further RESOLVED, that the Town Supervisor be, and she hereby is, authorized to execute and deliver a quitclaim deed to such former Turnpike parcel containing such terms, and in such form, as she, with the assistance of the Attorney representing the Town on this matter, may deem necessary, appropriate, or advisable, and she is further authorized to execute and deliver such additional documents, including but not limited to Real Property Transfer Reports and forms, as may be necessary or advisable to effectively complete the foregoing transfer; and it is further n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 RESOLVED, that pursuant to Town Law Section 65 (2) this resolution is subject to a permissive referendum in accordance with Article 7 of the Town Law, and the Town Clerk is directed to publish and post a notice of adoption of this resolution, within ten days of its adoption, together with an abstract of the resolution and a notice stating it is subject to a permissive referendum; and it is further RESOLVED, that the Town of Ithaca Town Board hereby authorizes the Senior Code Enforcement Officer to issue a building permit for the Three Rivers Miniature Golf Course, upon the applicant meeting all other pertinent requirements for said building permit, allowing those structures and elements to be located on the land indicated above as Town-owned property, subject to the condition that any structures or elements constructed or installed on said property must be removed, and the property must be restored to its original condition, if such conveyance does not occur. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Mr. Engman asked if the change in the resolution would also be made to the quitclaim deed. Ms. Brock told him they would make the same change, add back the deleted language but strike the words "or structures". Additional Agenda Item - Presentation bv Tim Joseph and Steve Whicher regarding the Health Department fees. Supervisor Valentino invited by Joseph and Mr. Whicher to address the Board stating that they may want to be a bit careful in some of the things they might want to say. Ms. Valentino stated her understanding that the Board is basically looking for Mr. Joseph and Mr. Whicher to describe their understanding of the County's position on the lawsuit. Mr. Stein stated that was not correct. Ms. Valentino invited him to phrase it. Mr. Stein stated he would like to forget about the fact that there is a lawsuit and pretend that they are back three months ago, or two months ago, or six months ago and to understand Mr. Joseph's and Mr. Whicher's position some two years ago when they reset the fees. Mr. Stein stated he would like to understand why they believed: a) that when they set the fees they were complying with the law, if they did; and b) why they thought the fees were fair. Mr. Stein stated he was using the past tense intentionally to point out that it has been a long time ago that the actual decisions were made and he would like to understand their thinking at the time the decisions were made. Mr. Joseph responded as follows: I have to say that the thinking at the time the decisions were made didn't have much to do with these issues. The County was in a budget crisis, stili is as a matter of fact, and we were putting pressure on all our departments to find other sources of revenue when they could. 27 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 The Health Department made a decision to raise 20% of the cost of regulatory programs through regulatory fees. That came to the Legislature as part of an omnibus resolution that set all fees in all County departments and frankly was never talked about It just went ' through. It wasn't until a few months ago that I got a call asking to set up a meeting to talk about these fees, which we did, and it M^as a meeting between the County, Bolton Point, Comell, and the City of Ithaca. The three large water systems. When we got there, John Bamey representing Bolton Point had a legal brief that he distributed which he said demonstrated that these fees were illegal because they collected more from the 3 water systems, but from Bolton Point in particular than it cost to regulate them. Frankly a pretty quick look at that document made it clear to me that the cases didn't say anything of the sort. The legal principle is that a regulatory agency cannot be a hidden taxation. It can't collect more in fees that it costs to run the agency. The principle is not about whether an individual organization can pay more in fees than it costs to regulate them individually. It's about whether the regulatory agency can be a hidden way of raising taxes. But, in any case, we were only collecting 20% so we were clearly not in violation of that principle and frankly we weren't in violation of the principle that John Bamey was trying to assert, anyway, because even if the large systems were paying more than their fair share it still wasn't coming close to what it cost to regulate them individually. But we did look at... Mr. Stein - Excuse me, if you're paying, even by your logic if you're charging 6 times more than their fair share then you do violate John Barney's principle. Mr. Joseph - If you're collecting 6 times, yea. But we had discussion both with the group and " then privately aften/vards and our conclusions was that we're clearly within the boundaries of I charging much less than it actually costs to run the regulatory effort and then the question is what latitude do we have in distributing those fees and the legal principle there is simply that you have to have some rational reason for how you do it. It could be per gallon, it could be per person served, it could be per system. New York City for many years charged for water based on the number of feet street frontage on the property and that w^as upheld numerous times. It doesn't have to be the best system or the fairest system, it Just has to have some rational basis. So we concluded that we don't have any doubt that the fees we're charging are legal, but we thought that reasonable questions had been raised about whether they were the best policy. What we ended up saying to the three systems i/i/'as why don't you back to the Health and Human Services Committee, which in fact had never really looked at the fees before, so since you've raised it and there's a reasonable argument there lets go back to the committee and talk about it and see if you can convince the committee. And I have to say that for me personally, I don't really care. We're talking about $6,000 here. This is not high on my scale of priorities and whatever the committee decides they want to do, I am happy to support. So it went back to committee. There were I think 2 meetings where it was discussed. The committee asked the Health Department to gather some data and provide it to them on actual costs, how they think those costs break down to different systems, what other counties charge across the State. And while that i/i/as going on a law suit i/i/as filed and it was filed with a pretty short return date and at that point we consulted with our attomey and said well, if you want to do it in court we'll do it in court. It seems like a bad idea because ^ we're confident we'll win in court whereas Bolton Point has a chance of convincing people in \ the committee to change the fees and we said that to a number of people. Since then there ' has been a request to delay it and we have gone back to having the committee look at it, 28 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 which is what / hope will happen is that the committee and Bolton Point will discuss the issue. I don't know if the committee's going to be inclined to say that some other distribution of the fees is fairer, but if they do I'll support that and that may resolve the issue. Mr. Stein - There's a couple of things that I'd like you to clear up. On is it's my understanding, the notion of municipalities suing each other in court frankly makes my stomach tum. I don't think it is the right way to carry on business and people only go to court as a last resort, when all conversations have failed. It's my understanding that Bolton Point was required to go to court. Had they missed this particular date then some statute of limitation or something like that would kick in and then they would forego forever the right to contest the legality of the way you assess the fees. Mr. Joseph - I think that's, well not quite true. I think it's true that if something wasn't filed then they would lose the right to contest that year's fee as they have already lost the right to contest the previous year's fee. That's different from saying they were forced to go to court. They didn't have to contest the fees. But, yest, if they wanted to preserve the right to sue, they had to sue then. They didn't have to ask for a quick response retum. Ms. Valentino - We didn't ask for a quick response retum, just as a correction. It's the way that the clerk set it. Mr. Whicher - The motion was filed on the last day to succeed in (tum tape) happens to be the earliest possible date that anyone could ask for, if they asked for it. It was Just faxed (?). Ms. Valentino - It was done through the clerk's office and which Judge was available. Mr. Whicher - There's one other thing too. Tim I think very politely skipped over a part of the process. When the Health Department sets fees they don't Just look at their charges and set some fees and then pass it in a large document to the legislature. Those fees are reviewed first by the Health Department Management, then by the Board of Health, and then by the State. They have to pass each one of those steps before they can get through. So we're 99% confident that everything was done properly and legally. The issue really comes down to how would you prefer to see the charges allocated and some people would prefer it with one system and some people would prefer to see a different system. That's what's worthy of discussion and the committee process is where that should happen. Mr. Engman - What were some of the altemative scenarios in terms of charging? Mr. Whicher- Well, they are almost infinite. You can do it by gallonage; you can do it by per capita: you can do it by the size of the plant it Just... Interruption by Councilman Stein Mr. Stein - You can do it by unit, right? Mr. Whicher - Pardon? 29 Mr. Joseph interrupts. Mr. Joseph - Their percentage of the total fees collected went down. Ms. Valentino - Like 400% of that cost. n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Mr. Stein - Take your whole cost and divide it over all of... Interruption by Mr. Joseph Mr. Joseph - In fact the system that they did implement has a component of both. It has a base fee that all systems are charged and then an additional fee based on the number of people served. Mr. Stein - Do I have it clear that you argue that Bolton Points $6,000 fee at this point, that it costs them, the total cost for doing for monitoring the Bolton Point system, total cost to the Health Department for monitoring the Bolton System is less than $6,000. Mr. Joseph -1 argue that it's more that $6,000, a good deal more. Mr. Stein - Excuse me, it's more that $6,000. Mr. Joseph -1 would also that that's not particularly relevant, legally. Mr. Stein -1 understand that. Mr. Engman - When the increases were enacted I guess it was 3 years ago we know what the percentage increase was for the Town of Ithaca, but what was it for the other smaller units? Ms. Valentino - You mean for Bolton Point. Mr. Engman - Excuse me, Bolton Point, and the City of Ithaca, and Cornell, but what were the increases for the smaller entities outside of those three big suppliers? What were their percentage increases. Mr. Joseph - A great deal smaller. I can't tell you what the percentages are. Ms. Valentino - Their percentage was actually a negative of the total cost. The big three carried over 400%. Mr. Joseph - Without the charts, I couldn't tell you. I'm not following what that means. It sounds like you're saying that their fees were reduced. Ms. Valentino - I'm not saying their fees were reduced, but on the amount that you chose to recover of the 20%... n 30 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Mr. Joseph -1 think that's true. Ms. Valentino - And that percentage would come out as a negative actually to the other purveyors. Mr. Joseph - If you figure out what the fee is per gallon of water, it's far lower for the big systems than for the smaller ones. Mr. Whicher- Quite frankly this whole thing is pretty amazing to come this far. I mean we're talking about, this is not something the County is going to spend any time on, folks. I mean I'm not going to spend my time worrying about $6,000 even though I'm not throwing it away. I think it's not worthy of a lot of debate. The request was to move it back to committee, to have it reviewed, to consider other options. That's what's going on. That's what we are trying to do in good faith. We got interrupted. We're back on track. Ms. Valentino - I think it's good that it's gone back to committee. I think to us, of course, I think there's a principle involved for us. Mr. Whicher- Sure. The place to discuss that is in committee. Ms. Valentino - Absolutely and that's what we want to do. Mr. Whicher- Not in court. Ms. Valentino - And what civilized people if they can't resolve it in committee we have the rule of order in this country, which is the opposite of chaos that happens if you are not a civilized place. Mr. Stein - One thing that I find surprising, I gather that Bolton Point has not paid this fee for two years. Is that right? You must have noticed that? Mr. Joseph - We did notice that. Mr. Whicher- We did keep track. Mr. Joseph - It cost us more than $6,000 to initiate court proceedings and collect it. Mr. Stein - Of course, no, I understand that, but I'm surprised that you didn't ask them how come they weren't paying. Mr. Whicher - There's been dialogue going on and there have been requests for payment and we were just about to initiate a process of enforcing payment when this all came up. Mr. Joseph - But I have to say all of that v/as going on below the level of the Legislature. It was going on between the Health Department staff and the staff at Bolton Point. 31 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Ms. Valentino - I think at the last meeting we had, your attomey said that you were going to ^ the enforcement for collection was that you would be initiating a lawsuit. So you can't just \ i say one side. I mean it's true that... ' Mr. Whicher interrupts. Mr. Whicher- If someone doesn't pay their bills sooner or later you have to do what you have to do. But I think our patience at three years v/as extraordinary. Ms. Valentino -1 think so too. I don't disagree with that. I think we, and hopefully in the next two months, I think with my conversations I've had with you Steve and what we've tried to work out we got the postponement. I've talked with some of the members of that committee and with you, I've had some conversations with you, I think I have a very positive feeling, and with Tim, that we want to as two groups do everything possible to try to resolve this in a way of faimess that we can all feel comfortable with and move forward with going into the future so that we never have to visit this again. That would be my goal and I think it's your goal too, as far as I can understand. Mr. Joseph - It is my goal, but I think the point that I want clearly understood is that fairness is an ambiguous thing and people have different views of it. The fact that it is in committee doesn't tell me that it is going to be changed to suit Bolton. It may not and if it isn't what I want you to know is that it very clear to me that we have the legal right to charge the fees as we are charging them and a lawsuit would be a complete waste on everybody's part. I'd like us to avoid that by dealing in committee with what seems to be fair, but if that doesn't get where Bolton Point wants to go, I don't think a lawsuits going to get them there either. Ms. Valentino - That's your opinion. Mr. Joseph - Yes it is. Mr. Stein - Tim, you know good people, good well meaning people often differ on what they think the law says. For better or worse the American way of settling those questions between even good feeling people is either to have somebody else decide for them, either a court or an arbitrator depending on how strongly they feel, but there are things that I've heard and I don't know I've come into this lately, I didn't know about dispute more than a month ago. Have you made any, you know, there's one thing about you throw down on the table, you say well last year your bill was $600 this year it's $6,000 pay up. It's hard to get, no matter how big an operation you are, you know if you see the bill comes in last year was $600 this year it's $6,000 you say, hey what's going on here. And one expects that dealing with people whom one wants to maintain good relationships that one explains why it is that you're charging that fee and why you think that fee is justified and at least show some numbers as to why you think that's a reasonable thing. Do you agree with that statement? Mr. Joseph - I do. That's the part that I understand completely. Going from $600 to $6,000 is pretty shocking and the reaction doesn't surprise me. n n 32 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Mr. Stein - But then you should have recognized, it seems to me, that that was going to elicite that and that you would have been prepared to explain a) why you thought it was fair, and b) why you thought it was reasonable or legal or whatever you want Mr. Joseph - And that is where I say to you, I didn't hear about this until a few months ago. Mr. Whicher- This was handled at the department level for a year, year and a half. I believe there M^as a full explanation to each entity as to how the charges were calculated. Ms. Valentino - Yes. Mr. Whicher - There wasn't a dialogue as to whether or not there would be an altemative schedule developed if people wanted to. That never happened, but the full explanation was given to all entities. Ms. Valentino - Yes, in fairness to them they did give a lot of information and a lot of data that we've been analyzing very closely, but we did ask for some altemative when we went to the Health Department Committee. Mr. Whicher- That's Just recently. Ms. Valentino - No, that was last year, almost a year ago. Mr. Joseph - Actually to me the strongest argument on the side of Bolton Point is why should one governmental body be charging fees to the other governmental body when the taxpayers are paying for both of them? Mr. Stein - Because no govemmental body wants to increase their taxes, that's why. Ms. Valentino - Well Bolton Point isn't specifically a governmental, you know, they are sort of an anomaly which puts us in a different catagorey to try to sort through. Mr. Whicher - That's a good point. It's a user fee type of approach and the people that are benefiting from the district are the ones that should be footing some of the bill. Now the question is to what percentage. Overall we're charging back 20% of the cost of the program which doesn't seem extraordinary. Obviously the quick increase in a single was extraordinary. Mr. Engman - That brought up another question. Is this a service the County provides that is required that is required by the State? Mr. Whicher- Correct. Ms. Valentino - Any other questions? Will. Mr. Burbank-Do we have knowledge of how other communities around the State have dealt with this, assuming we're not the only one that has this? 33 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Mr. Whicher— As part of what was requested w/'as a survey of the State to find out what types j fees people had in place. They range all over the map. ' Ms. Valentino - It doesn't equate that they might be legal either. You can't be sure that what they are charging is legal either, the way they are doing it, if it hasn't been challenged. Mr. Whicher - I think what you'll find is that as long as there is a reasonableness to charges and they don't exceed the actual cost of the program that they're perfectly legal. They just have to be approved by a board and have to be approved by the State. Mr. Joseph - I will say that while they range all over the place, ours are way up on the high end. Mr. Whicher- Especially the large districts. Mr. Joseph - There's one county that charge, I think, $30,000. Monroe County. Mr. Stein - That's the City of Rochester. Mr. Joseph - But other than that we're right up at the top. And there are counties that don't have county health departments and there the State does perform the same function and the State, there's legislation specifically saying that the State cannot charge a municipality more than $1,000. Bolton isn't a municipality, but the City is and they are in this as well. I would | ' note that both the City and Cornell decided they didn't want any part of suing. In our meetings they pretty much conceded the legal argumemnt and said let's talk about what's fair. Mr. Whicher-And they have paid. Ms. Valentino -1 would say they paid, I wouldn't necessarily agree that they... Mr. Joseph - conceded. I know you wouldn't. Ms. Valentino - Okay, any other questions folks? Ms. Brock - I Just have a point of clarification. As you probably know I haven't worked at all on this matter, but I do have a copy of the petition and in 2004 the fee charged to Bolton Point was $6,730; in 2005 it increased to $7,920; and that same figure was then charged for 2006. Mr. Whicher- The year prior is much much lower. Ms. Brock - It vi^as $600, but everyone w/'as talking about $6,000 and I wanted you to know it was $7,900, Just so you know the numbers. 34 May 8,2006 Regular Town Board Meeting ApprovedJune 12, 2006 Mr. Burbank - I want to thank both of you for coming down and talk. / share Peter's utter disinterest in using taxpayer money from entity to sue another entity. If there's any other way humanly possible to work this out. So I encourage you to communicate with the committee to try see if there is some way of working something that both makes sense intemally for you but also will be convincably perceived as fair to us. Mr. Whicher- The chair Frank Proto has agreed to put it on the agenda. He's requested full analysis by the Health Department and asked for several different options so that they can really look at it. This will be the first time that the elected officials have really wrestled with the issue, and who know where that is going to end up. I don't think that there's a direction one way or the other. They want to look at it, they want to say... Ms. Valentino - We have 60 days to sort it out. Mr. Whicher- Well, it will take whatever time it takes. It has to be done right and it has to be done fairly. Ms. Valentino - That's right. It does need to be done right and fair and I agree with Will and Peter. I just want to say that I really appreciate Steve taking all my phone calls and the two of us, I think, spent a great deal of time. I went and polled every single commissioner, worked through that side of it to get the postponement. Steve has worked from that side. He and I have been communicating on a pretty, almost everyday basis for a while, to try to get us all to a point where we can have Intermunicipal cooperation and have a settlement that doesn't take us to court. Steve, I Just wanted to thank you tonight also for taking all my phone calls. Mr. Whicher- You're welcome. I enjoyed working with you, it was fun. Ms. Valentino - Thank you, and maybe, we'll keep our fingers crossed. Thanks very much. Thanks, Time for your efforts too. Mr. Joseph - You're welcome. Ms. Valentino -1 know you'd like to keep us all out of court too. Mr. Joseph -1 would. Ms. Valentino -1 think we all would. Mr. Stein - Thank you, gentlemen. Agenda Item No. 14 - Consider Authorizing the Abandonment of a Portion of the Former Ithaca Owego Turnpike to Adjacent Landowners (continued) Ms. Brock told the Board they needed to return to the issue of abandoning the turnpike and formally agree to abandon the road before they agree to convey the property. There is the Certificate and Consent that the Town Board members present at the meeting should sign. The Board members received copies of the Certificate and Consent in their Board packets. 35 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 TB RESOLUTION NO. 2006-109 : Consider Authorizing Signing the Certificate and Consent regarding abandonment of a portion of the former Ithaca - Oweqo Turnpike BE IT RESOLVED that the Town Board of the Town of Ithaca agrees to abandon that portion of the turnpike as shown on Schedule A attached to the Certificate and Consent, and agrees to the Highway Superintendent signing the Certificate and Consent. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Mr. Noteboom, Supervisor Valentino, Councilman Burbank, Councilman Engman, and Councilwoman Leary signed the Certificate and Consent and filed it with the Town Clerk. Councilman Engman moved to reconsider abandonment of the turnpike; Supervisor Valentino seconded his motion. TB RESOLUTION NO. 2006-110: Resolution Reconsidering Authorizing the Abandonment of a Portion of the Former Ithaca Oweqo Turnpike to the Adjacent Landowners. James E. Warren and Bonnie S. Warren WHEREAS, Town of Ithaca tax parcel number 35.-1-10 appears to adjoin a portion of the former and now abandoned Ithaca-Owego Turnpike which part of said Turnpike is, in turn, adjacent to the portion of New York State Route 13 appropriated by the State of New York by an instrument recorded in the Tompkins County Clerk's Office in Book 252 of Deeds at Page 63; and WHEREAS, said portion of the former Turnpike is no longer needed for highway purposes, and has not been used or needed for such purpose for many years, having been abandoned as a Turnpike in the late 1800s or early 1900s; and WHEREAS, the Town understands that when the Turnpike was abandoned, title to the Turnpike lands automatically devolved to the Towns through which the Turnpike ran, and as a result, the title to the portion adjacent to tax parcel number 35.-1-10 became vested in the Town of Ithaca; and WHEREAS, by virtue of such ownership, tax parcel number 35.-1-10 has become effectively landlocked with its direct access to NYS Route 13 being blocked by such part of the former Turnpike; and WHEREAS, John B. Babcock, the former owner of Town of Ithaca tax parcel number 35.-1- 10 approached the Town Board through the Town Supervisor and Attorney for the Town and requested that the Town abandon, by quitclaim deed, such portion of the former Turnpike; and 36 n n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, pursuant to NYS Highway Law Section 205 (1) the Town Highway Superintendent has certified that such portion of the former Turnpike has not been traveled or used as a highway for at least six years and should be abandoned and' a majority of this Town Board has consented to such abandonment; and WHEREAS, the Town Board agreed in concept to the transfer, provided Mr. Babcock reimbursed the Town for all expenses it incurred in connection with the transfer, and provided further that the property be restricted by a covenant prohibiting construction of any buildings on the property; and WHEREAS, tax parcel number 35.-1-10 has since been conveyed by Mr. Babcock to James E. Warren and Bonnie S. Warren by deed dated July 13, 2005 recorded in the Tompkins County Clerk's Office as Instrument number 475703-001; and WHEREAS, the Town Director of Engineering has reviewed the request and has expressed his opinion that such transfer would not be deleterious to the Town or its facilities; and WHEREAS, it appears that there is no benefit to the Town to continue to own said portion of the former Turnpike; and WHEREAS, to complete the transfer to Mr. and Mrs. Warren, as successors to Mr. Babcock, the Town Board must adopt a formal resolution authorizing the execution of a quitclaim deed to Mr. and Mrs. Warren, NOW, THEREFORE, it is hereby RESOLVED, that the portion of the former Ithaca-Owego Turnpike, being more particularly described on Schedule A annexed hereto, be conveyed by the Town of Ithaca to the owners of Tax Parcel 35.-1-10, James E. Warren and Bonnie S. Warren; subject to the following conditions: 3. All costs to the Town of accomplishing this transfer, including any and all recording fees, deed stamps (if any), filing fees, publication fees, and attorneys' fees be paid by the grantees or by John Babcock; and 4. The deed to be given to the grantees contain a restrictive covenant prohibiting construction of any buildings on the property being conveyed; and it is further RESOLVED, that the Town Supervisor be, and she hereby is, authorized to execute and deliver a quitclaim deed to such former Turnpike parcel containing such terms, and in such form, as she, with the assistance of the Attorney representing the Town on this matter, may deem necessary, appropriate, or advisable, and she is further authorized to execute and deliver such additional documents, including but not limited to Real Property Transfer Reports 37 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 and forms, as may be necessary or advisable to effectively complete the foregoing transfer; and it is further i I RESOLVED, that the Town Supervisor and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the establishment of the transfer set forth above; and it is further RESOLVED, that pursuant to Town Law Section 65 (2) this resolution is subject to a permissive referendum in accordance with Article 7 of the Town Law, and the Town Clerk is directed to publish and post a notice of adoption of this resolution, within ten days of its adoption, together with an abstract of the resolution and a notice stating it is subject to a permissive referendum; and it is further RESOLVED, that the Town of Ithaca Town Board hereby authorizes the Senior Code Enforcement Officer to issue a building permit for the Three Rivers Miniature Golf Course, upon the applicant meeting all other pertinent requirements for said building permit, allowing those structures and elements to be located on the land indicated above as Town-owned property, subject to the condition that any structures or elements constructed or installed on said property must be removed, and the property must be restored to its original condition, if such conveyance does not occur. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 15 - Consider Request of Tompkins Countv Department of Emergencv Response to Waive Site Plan Review and Zoning Variance Fees (Attachment #10 - letter from L. Shurtleff) Supervisor Valentino told the Board the resolution before them was for the communications tower at Ithaca College. Ms. Brock stated that at the Planning Board meeting it was determined that they would need an additional variance besides the height variance; they would also need a variance from the dimensional standards for the fall zone. She asked that the following changes be made to the resolution sent to the Board in their packets strike the word "height" in the title of the resolution and replace it with the word "area" and make the word variance plural. IB RESOLUTION NO. 2006-111- REGARDING A REQUEST BY THE TOMPKINS COUNTY DEPARTMENT OF EMERGENCY RESPONSE FOR A WAIVER OF THE PLANNING BOARD AND ZONING BOARD OF APPEALS APPLICATION FEES FOR MODIFICATIONS OF PREVIOUSLY GRANTED SITE PLAN APPROVAUSPECIAL PERMIT AND AREA VARIANCES IN CONJUNCTION WITH THE PROPOSED PUBLIC SAFETY COMMUNICATIONS TOWER AT THE ITHACA COLLEGE CAMPUS 38 n May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, Tompkins County has been developing plans for a county-wide public safety communications system, which would provide the general community with a coordinated and reliable system in which emergency and public safety agencies at all levels will be able to communicate with each other; and WHEREAS, Tompkins County and Ithaca College submitted plans to the Town for the South Hill Communications Tower, which would be one of the key facilities in the public safety communications system, and would be located on the Ithaca College campus; and WHEREAS, the project received site plan approval and a special permit from the Planning Board on July 27, 2004 and a height variance for the 180-foot tall structure from the Zoning Board of Appeals on August 16, 2004; and WHEREAS, Tompkins County and Ithaca College have submitted modified plans to the Planning Board and Zoning Board of Appeals to increase the height of the proposed tower to 195 feet and to increase the footprint of the equipment building by about 130 square feet; and WHEREAS, the Town of Ithaca Town Board has received a request from Lee Shurtleff, Director of the Tompkins County Department of Emergency Response, in a letter dated April 7, 2006, to waive the application fees for modification of the previously approved site plan, special permit, and area variances for the proposed communications tower at the Ithaca College Campus; and WHEREAS, the Planning Board fee would be $80.00 (additional meeting fees for the modification), and the Zoning Board fee for the modified variance would be $100.00; and WHEREAS, Section 153-10.B.14 of the Town of Ithaca Code indicates that zoning, subdivision, SEQRA, ZBA, and development application fees ... "may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver"; and WHEREAS, the Planning Board recommends that the Town Board approve this request for a waiver of the site plan/special permit and variance application fees because of the public safety purposes to be served by the proposed communications tower and facilities; and WHEREAS, the Town of Ithaca Town Board has reviewed and discussed the request for a waiver of the site plan/special permit and variance application fees at its regular meeting on May 8, 2006; now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby finds that in this case, the proposed public safety communications tower will serve an important public safety function and will provide a benefit to the general community; and it is 39 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 FURTHER RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes a waiver of the above-referenced fees for the Tompkins County South Hill Communications Tower project site plan/special permit application to the Planning Board and variance application to the Zoning Board of Appeals, pursuant to Section 153-10.B.14 of the Town of Ithaca Code. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 16 - Consider Acceptance of Bid for a new Crawler Dozer (Attachment #11 - Attachment to Crawler Dozer Resolution) TB RESOLUTION NO. 2006-112: Acceptance of Bid for a New Crawler Dozer WHEREAS, five bids were received for a new crawler dozer; and, WHEREAS, the Highway Superintendent has reviewed the bids, and Southworth-Milton, Inc. is the bidder who complies most substantially with the bid specifications; and, WHEREAS, upon the Highway Superintendent's findings, he recommends that the Town Board of the Town of Ithaca accept the bid of a new crawler dozer from Southworth-Milton, Inc.; now therefore be it, RESOLVED that the Town of Ithaca Town Board accepts the respective bid from Southworth- Milton, Inc.; and be it further, RESOLVED, that the Highway Superintendent is hereby authorized and directed to purchase a new crawler dozer with the $59,728.00 to be taken from the DB5130.200 account. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, absent; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 17 - Consider Approval of Bid and Award of Contract for the Trumansburg Road Tank Renovation Proiect (Attachment #12 - bid summary) Mr. Walker recommended awarding contract to low bidder DeVincentis. Councilman Stein asked where the boundary line between the Town and Bolton Point. He stated he did not quite understand when a water tank is part of Bolton Point and when it is a 40 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 part of the Town. Mr. Walker told him Bolton Point produces the water and then transmits it to the different municipalities. There's one big transmission main. It pumps from the plant up to Burdick Hill; it's an 18 inch line, there's a million gallon tank at Burdick Hill. Then the transmission main extends to pumps stations at Oakcrest, which is the Lansing Village Hall, and then that transmission main extends through Cayuga Heights, through the Town of Ithaca, all the way to Pearsall Place. Anything on that transmission main Bolton Point owns and maintains because it supplies more than one municipality. Then each municipality has its own distribution system. There are take off points along that transmission main. At Pine Tree Road there's a building, at Spruce Lane there's a building. Those are the take off points to the different distribution lines. The Christopher Circle tank is a Town tank. The tank at Sapsucker Woods is a Town tank. Councilman Engman thought, in the chart on the back page of the resolution, the exterior and interior painting estimates got reversed between the engineer's estimates and the corporation's cost. Mr. Walker explained that estimates are based averages of past tank painting. The last tank painted was an extremely tall tank and it cost more to work on the outside of the tank. Mr. Walker felt that might have been an unbalanced bid on that tank that effected the engineer's estimate for this job. Mr. Walker told the Board the exterior paint on this tank is an acrylic paint that is basically water based and is rolled on. The inside of the tank is painted with a grease wax type paint, which stays soft and can be recoated without have to take it off. There isn't a lot of pain on ^ the inside of this tank so they are not going to have a high cost for taking it off. Mr. Walker stated the Town has gotten away from the epoxy based tanks because they are very environmentally sensitive. If it is too humid or too moist, the paint won't stick. The grease wax is an older technology but it actually is much more forgiving with the environmental conditions in Ithaca. Mr. Burbank asked if there was much rust. Mr. Walker told him no. They have a cathodic protection system the Town puts on all their steel tanks. Mr. Engman asked how, for the overflow, one corporation bid $3,000 and the other $29,000. Mr. Engman found it hard to comprehend. Mr. Walker replied stating a lot of tank people come in and say, we've got a half million gallon tank that is 34 feet high and 40 feet in diameter; we're going to charge $200,000 to do that tank. Then they go in and they don't always use the same logic when they break things up. Mr. Walker is assuming that the Rockwood Corporation was looking at doing the interior first and a lot of times they like to get paid more up front, so they'll put a high cost on the inside. There's not an easy logic to it. Mr. Burbank asked what the color would be. Mr. Walker told him it would be the standard green, a little darker than is on there now. TB RESOLUTION NO. 2006-113: Authorization for Award of Contract for the I—^ Trumansburq Road Tank Renovation Project WHEREAS, the Town of Ithaca on April 24, 2006 received bids for the Trumansburg Road Tank Renovation Project 41 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, the Town Engineer has reviewed the bids and qualifications of the bidder and has recommended that the low bid of $169,300 for the total project made by R. DeVinceritis Construction, Inc., One Brick Avenue, Binghamton New York 13901 is a qualified bid, now; THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the award of the contract for the Trumansburg Road Tank Renovation project to R. DeVincentis Construction, Inc subject to final approval of the contract documents by the Town Engineer and Town Attorney, and be it further RESOLVED, that the Town Supervisor is hereby authorized and requested to execute such contract upon such approval; and be it further RESOLVED, that the Town Engineer be, and he hereby is, authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $5,000.00 without prior authorization of this Board, and provided further that the total project cost, including the contract, engineering, legal and other expenses does not exceed the maximum authorized cost of the project. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 18 - Consider Approval of Budget Modification and Establishment of Capital Proiectfor Trumansburg Road Tank Renovation Prelect IB RESOLUTION NO. 2006-114: BUDGET AMENDMENT FOR THE TRANSFER AND ESTABLISHMENT OF CAPITAL PROJECT - TRUMANSBURG ROAD TANK RENOVATION PROJECT WHEREAS: the Town's Five Year Capital Budgeting Plan of 2006 detailed the potential painting of the Trumansburg Water Tank, and WHEREAS: the Town Board has accepted and awarded the contract for painting of the Trumansburg Road Tank Renovation Project to R. DeVincentis, Inc., and WHEREAS: the Town Engineer has recommended to the Town Board that this capital project be established at a total contract cost of $180,000 ($169,300 represents the accepted contract bid and $10,700 is for contingency cost), and 42 n n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS: the Town Budget Officer seeks the approval and authorization from the Town Board to amend the 2006 Water Fund Budget and establish the 'Trumansburg Road Tank Renovation Project Capital Project Fund by recording and transferring funds from the Water Fund to the Capital Project Fund, now therefore be it BUDGET JOURNAL DEBIT F960 APPROPRIATIONS $180,000.00 F9950.901 TRANSFER TO CAPITAL PROJECTS $180,000.00 CREDIT F599 UNAPPROPRIATED FUND BALANCE $50,000.00 F8340.504 TRUMANSBURG RD WATER TANK IMP $130,000.00 To record the appropriation budget modification and amendment for the purpose of transferring funds to the Capital Project Fund - Trumansburg Road Tank Renovation Project BUDGET JOURNAL DEBIT H2-510 ESTIMATED REVENUE $180,000.00 H2-5031/F INTERFUND TRANSFERS-WATER FD $180,000.00 CREDIT H2-960 APPROPRIATIONS $180,000.00 H2-8340.200 CONSTRUCTION CONTRACT $180,000.00 Recording of the budget for the expenditures of the Trumansburg Road Tank Renovation Project. RESOLVED: that the Town Board directs, authorizes and approves the Town Supervisor and the Town Budget Officer to record the appropriate budgetary amendments and cash transfers and any other necessary and appropriate accounting transactions to establish the Capital Proiect Fund - Trumansburg Road Tank Renovation Proiect. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 19 - Consider Authorization for the Town of Ithaca Hiqhwav Superintendent to enter into shared arrangements with other municipalities to borrow or lend machinery, eguipment. supplies and services 43 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Supervisor Valentino reported that Mr. Noteboom has been talking to the other highway departments for year regarding a sharing agreement policy. It looks like things are getting | fairly close. Ms. Valentino reported that she had asked Ms. Brock to draw up an interim ' agreement that would make it legal for Mr. Noteboom to continue doing what he has been traditionally doing regarding the sharing of equipment and services. IB RESOLUTION NO. 2006-115: Resolution for the Town of Ithaca Hiqhwav Superintendent to enter into shared arrangements with other municipalities to borrow or lend machinerv. equipment supplies and services WHEREAS, all municipalities, including the Town of Ithaca, have the authority under New York Highway Law Sections 142-d and New York General Municipal Law Article 5-G to contract with other municipalities to exchange, borrow, lend or maintain machinery and equipment, with or without operators; and WHEREAS, all municipalities, including the Town of Ithaca, have the authority under New York General Municipal Law Article 5-G to borrow materials and supplies from and lend materials and supplies to other municipalities; and WHEREAS, the Town of Ithaca and other municipalities in Tompkins County have machinery and equipment that are not used during certain periods, and WHEREAS, the Town of Ithaca and other municipalities in Tompkins County often have n materials and supplies on hand that are not immediately needed; and I I WHEREAS, the Town of Ithaca and other municipalities may avoid the need to purchase or store certain needed highway machinery and equipment and a large inventory of certain extra materials and supplies, and thereby save the taxpayers money, if the municipalities can contract with each other to exchange, borrow, lend or maintain these items; and WHEREAS, the Town Board determines that it is in the best interests of the Town of Ithaca to engage in such shared arrangements; and WHEREAS, many of the municipalities in Tompkins County are developing a standard contract that will authorize the highway superintendents to engage in such shared arrangements with other municipalities; and WHEREAS, pending the finalization of the standard contract, the Town Board of the Town of Ithaca wishes to authorize the Town of Ithaca Highway Superintendent to engage in such shared arrangements; THEREFORE BE IT RESOLVED, that the Town Board authorizes the Town of Ithaca Highway Superintendent to engage in such shared arrangements with other municipalities (including Tompkins County), provided that (a) the machinery, equipment, supplies and services the Town of Ithaca provides to another municipality are not immediately needed by the Town of Ithaca, and the Town receives equivalent machinery, equipment, supplies and/or services from that municipality, (2) the Highway Superintendent shall maintain written records 44 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 of the machinery, equipment, supplies and services that are exchanged, borrowed, lent or maintained and shall periodically update the Town Board on such matters, and (3) the Town shall maintain sufficient insurance coverage to protect the Town in such joint efforts, and BE IT FURTHER RESOLVED, that once the standard contract is approved by the Town Board and the Town enters into written contracts with other municipalities for such shared arrangements, the Highway Superintendent's authority to enter into such shared arrangements shall be governed by the terms of the written contracts. MOVED: Supervisor Valentino SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Mr. Stein asked whether they were going to push through the model agreement that was at the last Public Works Committee meeting. He wondered if they could do it in the next month. Mr. Noteboom stated that Guy Krogh was working with Lansing and Caroline on the agreement and it looked like that was the model they were going to use. Mr. Noteboom was not sure that every municipality would agree to that agreement. Mr. Stein hoped that all the municipalities would try to adhere as best they can to the standard model to make it easiest to pass something because he thought it was obviously a good thing to have. Mr. Brock told Mr. Stein that they were taking exactly that approach. The New York State Legislative Commission on rural services has drafted this model and it seems like a good one. She reported having spoken to Guy Krogh, as working for the Towns of Lansing and Caroline, about it and they both agree it makes sense to follow that as closely as they can. They both also agree that actually the State model is pretty inadequate in terms of liability issues and that is the one thing they think they want to beef up. The advantage is that as they draft language dealing with that, all the municipalities are going to be both on the giving and on the receiving end at different times so that the language that they draft will have to be fair because it is not as if one is only lending services and equipment and never receiving. Mr. Stein hoped it got done. Mr. Burbank asked if there was an expectation that it will generally balance out. Ms. Brock said it has to, over time. Mr. Burbank asked if it had to balance out between individual parties, or can A lend to B, B lends to C...Mr. Brock told him, no, it needs to balance out party to party, A and B need to be exchanging equivalent goods and services. Mr. Brock stated if you're lending out supplies, like salt, you want back that same amount. Ms. Valentino said that was easy, but the equipment thing can get hard because some of the municipalities have a lot of equipment and some of the Towns have very little. Mr. Noteboom stated the Town happens to have more equipment that the Town of Danby, for example, but what we get back it trucks, because the Town of Ithaca is a little bit truck poor. The problem becomes more I apparent with a lot of the rural highway departments. They don't have the staff to keep track of the accounting measures. The Town of Ithaca and the County happen to be able to do that. Most of the others have a little bit of a struggle with that. 45 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Agenda Item No, 20 - Consider Acknowledging Filing of Ethics Disclosure Statements Ms. Hunter reported that all the Ethics Disclosure Statement were on file in the Town Clerk's office. Mr. Stein reported having spoken with Diane Campbell about serving on the Ethics Board. She is a resident of the Town of Ithaca and she's an attorney. Mr. Stein has spoken with her and she told him she would be happy to serve in that capacity. Agenda Item No. 21 - Introduction and Discussion of Westhaven Preserve Management Plan (Attachment #13 - Introduction and Discussion of Westhaven Preserve Management Plan, draft plan, and map) The Board received copies of the draft plan in the Board Packets. Mr. Noteboom invited emailed comments on the plan from the Board. It was before the Board for feedback that would be incorporated into the plan and brought back to the Public Works Committee. Mr. Burbank stated that he continued to wish that there was a way to have somewhat less than 15 foot swath mowed and that was a little unclear reading the plan whether the 15 foot was going to be everything or just the multifloral rose and taking down of the large shrubs. Mr. Noteboom told him they don't desire a 15 foot mowed swath. What they do desire is to remove some of the invasive species to a reasonable distance. Mr. Burbank ran the plan by Mr. Cowie who felt it was on track. Mr. Burbank asked about one neighbor which Mr. Noteboom told him had been contacted and they were aware of the plan and Mr. Noteboom will make sure to visit him again and take him the draft plan. OTHER BUSINESS Road Along Bebe Lake Ms. Valentino reported that some of the Forest Home residents are concerned about the road along Bebe Lake. Ms. Valentino promised them she would go up and take a closer look at things. Agenda Item No. 22 - Continued Discussion of Wind and Alternate Energy Options Mr. Burbank reported that there had been some informal discussions and stated he appreciate the discussion from Community Energy. Talking with other people that are involved in the boarder question of conservation and energy use, it is not at this point clear to Mr. Burbank that spending money on this particular this is not perhaps the first thing the Town should be doing. The Town has a given amount of money to spend on helping the environment in terms of energy, probably the very first thing the Town ought to be doing is making sure that we have done every last conceivable things we can do in terms of conserving energy in our Town Hall and the Public Works facility. Mr. Burbank asked whether in the course of building and renovations if the Town had a formal energy audit. (Turn tape) Mr. Walker described some of the measures the Town had taken towards conservation in the renovation of Town Hall and the construction of the Public Works facility. 46 MA(| n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilman Burbank suggested that there be a small working group to look into alternative energy options. He would be very happy to serve on the committee and hoped that Mr. Garvill would be interested in serving given the research he did on wind energy. Supervisor Valentino was not sure if Mr. Garvill would be able to at this time because he is getting into the budget and his time is very limited. Councilman Stein understands that by buying wind generated power, the Town doesn't change the amount of wind generated power there is, but they would pay a premium and the premium goes to a private concern to build other wind stations. He thought it sounded like the Town might be giving a gift and he didn't think the Town should be engaged in that. Councilman Engman shared Councilman Stein's concern. He thought that the Town should be looking at the other possibilities, including solar. He was not sure if the incentives available at the State and Federal level are available to municipalities. Councilman Engman felt that the Town would not be getting a return on their investment with the wind energy project. Councilwoman Leary felt it was worth the Town looking into everything they can do. She supported the idea of an ad hoc committee to look at alternative energy options and added that the idea of buying into wind power is to increase the demand, which is the long-range goal. She also understood the concern about the gift situation. Supervisor Valentino thought that the list of municipalities using wind energy was impressive. Councilman Burbank asked if Mr. Walker would be able to help the ad hoc committee because he has the knowledge of the buildings and what has been done to the buildings. Mr. Walker added that he felt that a lot of the Town's energy costs are not the buildings, but the pump stations, etc. Councilman Burbank asked if it might make sense to have the ad hoc group be attached to an existing committee as a working subgroup. Supervisor Valentino thought that was a good idea and it could be a working subcommittee to the Public Works Committee Councilman Burbank volunteered to serve on the committee and asked if other board members would be willing to serve. Councilman Engman wanted to help with the project because he is interested in the project. Supervisor Valentino suggested calling the ad hoc committee the Alternate Energy Committee and that Councilman Burbank chair the committee. The committee would report to the Public Works Committee. Ms. Hunter asked if there would be terms for the committee. Supervisor Valentino explained that ad hoc committees continue until their charge is completed. The charge of the committee is to explore wind and alternative energy options, and conservation measures for the Town of Ithaca. Supervisor Valentino moved the establishment of the Alternate Energy Committee and the appointments to the committee. Councilman Burbank seconded the motion. 47 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 IB RESOLUTION NO. 2006-116: Establishment of and Appointment to Alternate Energy Committee BE IT RESOLVED that the Town Board of the Town of Ithaca create an Alternate Energy Committee to explore wind and alternative energy options and conservation measures for the Town of Ithaca; and it is further RESOLVED that the committee is created as an ad hoc committee under the Public Works Committee ; and be it further RESOLVED that Councilman Burbank and Councilman Engman be appointed to the Committee, Councilman Burbank serving as chair; and be it further RESOLVED that Daniel Walker serve as staff support to the committee. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Agenda Item No. 23 - Consider Creation of a Study Group in Intermunicipal Cooperation and Consolidation Supervisor Valentino and Councilman Stein worked on the proposed resolution with the City of Ithaca. Common Council passed a similar resolution at their last meeting. The resolution establishes a task force of 10 people. Councilwoman Leary stated that she is against the idea of consolidation in principle. She supports shared services and thinks that they should look at ways to increase shared services and shared laws. Councilwoman Leary felt that they should draw the line at turning over political autonomy to the City. She knows that it is possible to become a big town, but the more likely scenario would be the Town incorporated into the City. The voters did not elect members of the Town Board to dissolve the Town. Even if Councilwoman Leary agreed with the recent or past policies of Common Council, she did not like the idea of the Board's community becoming part of the City. A city is urban and the Town is suburban. The Town is a different kind of community. Councilwoman Leary has deep disagreements with the policies of Common Council and they do not need a study to see some of their priorities. The City will forgo millions of dollars in tax revenue and then they cannot find the money to properly fund their public works department to clean the streets. Councilwoman Leary would not trust the Town to be part of a Common Council with those kinds of priorities. She questioned what type of services they would provide the rest of the Town and did not think that they should spend the time or waste any money because ultimately, it is all tax payer money. Some of the arguments that she has heard about consolidating are silly. She did not feel that having the same name or same zip code constituted reasons for consolidation. 48 p] May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilman Burbank stated that the group would be studying a full range of issues without a preset agenda and no charge to come up with a recommendation. It would be identifying information that would come back to the Town and City to consider. He appreciated Councilwoman Leary's opinion and thought that she articulated something that would be reflective of a large portion of the community. Councilman Burbank hoped Councilwoman Leary would be supportive of looking into a committee without a defined agenda, but to gather information. The question has been brought up from time to time for years. Councilman Burbank stated that he was going to vote for the resolution and hoped they could approach it with an open mind. Councilman Engman did not have a problem with the resolution. Cornell has a local government program with good people who would be objective. He felt that having someone like that on the committee would be helpful. Supervisor Valentino agreed with Councilman Engman. Councilman Stein responded to Councilwoman Leary's comments and said that he believed one should never be afraid to go and look at something that may look distasteful at first glance. It is not an idea that is so crazy that no one is thinking about it. The discussion of what has happened when there is the center city core and the suburban area surrounding it having separate governmental institutions is taking place all over America. Councilman Stein congratulated Supervisor Valentino for raising the issue because it is important. The study group is to gather information only. The group as a whole in the open decides the questions being asked. Supervisor Valentino moved the resolution and Councilman Stein seconded the motion. IB RESOLUTION NO. 2006-117: Consider creation of a studv group in Intermunicipal cooperation and consolidation WHEREAS over the last several decades there has been much local and national discussion over the advantages and disadvantages of shared services or consolidation of governments; and WHEREAS several successful partnerships have emerged in local municipalities during that time, such as the Ithaca Area Waste Water Treatment Plant, youth and recreation services, joint city/town fire services, and the Bolton Point Water System; and WHEREAS the benefits of cost sharing/consolidation have been enumerated by the New York State comptroller as reported in the booklets Local Government Management Guide: Intermunicipal Cooperation and Intermunicipal Cooperation and Consolidation: Exploring Opportunities for Savings and Improved Service Delivery, and WHEREAS recent state reports illustrate the difficulties that New York State municipalities have been facing especially in the last 5 years including rising pension costs and health insurance; and 49 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS the Mayor of the City of Ithaca and the Supervisor of the Town of Ithaca have recently held meetings including an Intermunicipal forum facilitated by Interface of the Community Dispute Resolution Center; and WHEREAS the City of Ithaca Common Council and the Town of Ithaca Board are desirous of further examination of the mutual benefits between the two municipalities that could improve services, create efficiencies, and benefit citizens; now therefore be it RESOLVED that a study group on Intermunicipal cooperation and consolidation be created forthwith to examine, among others, • the legal and regulatory aspects of shared services and possible consolidation • the pros and cons for both shared services and possible consolidation • the financial opportunities and liabilities of consolidation or shared services • an analysis of the property and sales tax scenarios for a single jurisdiction • the concept of a new jurisdiction • a unified comprehensive plan and be it further RESOLVED that an analysis of the strength, weaknesses, opportunities, and threats be provided for each topic area, and be it further RESOLVED that the task force be comprised of 8 members, mutually agreed upon by the Town of Ithaca Board and the City of Ithaca Common Council, with representatives having knowledge of finance, law, planning, public works, police, or organizational culture, including one elected official liaison from each jurisdiction (making 10 members), such task force and its chair to be nominated by a town/city joint nomination committee comprised of the Mayor, Supervisor, one Common Council Member and one Town Board Member, and be it further RESOLVED that the City Council and the Town Board identify and work toward obtaining financial assistance such as grants from appropriate agencies including the State Comptroller's Office, and be it further RESOLVED that each municipality agree to provide staff assistance to the task force, including participation from each municipality's Historian, and be it further RESOLVED that the task force report at least quarterly or as needed to the Common Council and Town Board at a joint meeting for periodic updates and consideration of possible amendments or additional directives, with ample opportunity for public input, and be it further RESOLVED that a final report will be presented to the Common Council and the Town Board for their deliberation on future policy, based on the above topics, in approximately 12 months from the task force's first meeting. MOVED: Supervisor Valentino SECONDED: Councilman Stein 50 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, nay. Supervisor Valentino thought that Councilwoman Leary raised important concerns and that she is not the only one in the community expressing those concerns. The committee needs to listen seriously to the concerns. Supervisor Valentino asked if Councilman Stein would be willing to volunteer to serve on the committee. Councilman Stein agreed to serve on the committee. Agenda Item No. 24 - Consider Approval of Appendices to Protocol and Procedures Manual (Attachment #14 - appendices) Board members received the appendices in their packet. Councilman Engman moved the resolution and Councilman Stein seconded the motion to adopt the appendices. IB RESOLUTION NO. 2006-118 -- Approval of the Board Protocol and Procedures Manual's Appendices, WHEREAS, the Town Board approved of the Board Protocol and Procedures Manual for the Town Board, effective, March 13, 2006 without the appendices; and WHEREAS, the Board Policy and Protocol Committee has reviewed the appendices that were in the approved manual; and WHEREAS, the committee recommends the following attached appendices to be inserted in the manual; and Appendix 1 Town Budget Calendar Appendix 2 Town Clerk's Job Description Appendix 3 Town Highway Superintendent's Job Description Appendix 4 Standards of Conduct for Public Hearings and Persons to be Heard Appendix 5 Rules of Order at a Glance Appendix 6 Tips for Successful Public Service Appendix 7 Boards and Committee List Appendix 8 Code of Ethics, Chapter 32 Code of the Town of Ithaca Appendix 9 Town of Ithaca's Organizational Chart Glossary of Terms Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the Board Protocol and Procedures Manual's attached Appendices for the Town Board, effective. May 8, 2006, with the changes as discussed during the Town Board meeting. 51 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 MOVED: Councilman Engman SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye Agenda Item No. 25 - Discuss Changing Julv Town Board Meeting Date Councilman Stein would not be available for the July meeting as currently scheduled. He asked that the Board consider changing the date dependent upon the availability of others. The board discussed their availability in July. Supervisor Valentino asked board members to provide her with their availability in July and then the Board will vote at the June meeting to change the date. Agenda item No. 26 - Consider Appointment to Cavuga Medical Center Corporate Board (Attachment #15 - letter from L. Roberts re Cavuga Medicai Center Corporation membership! Councilwoman Leary volunteered to be a member of the Cayuga Medical Center Corporate membership. The membership corporation vote to elect Board Directors. Supervisor Valentino moved the resolution and Councilman Engman seconded. I 1 IB RESOLUTION NO 2006-119: Appointment to Cavuga Medical Center Corporate Membership BE IT RESOLVED that the Town Board of the Town of Ithaca appoint Pat Leary to the Cayuga Medical Center Corporate membership. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye Agenda Item No. 27 - Consider Approval of Temporary Wage Increase Court Clerk Ms. Drake explained that Betty Poole, Court Clerk, has been out on medical leave. Linda Fetherbay, Court Clerk, has been running the office with the part-time help of Debby Keliey. Ms. Fetherbay has been sitting for both justices. Ms. Drake has talked with both judges and Ms. Fetherbay about the wage increase proposed in resolution before the Board. Councilwoman Leary thought that it was a good policy when someone has to take on | significant additional responsibilities for a while to give them some commensurate salary ' increase. 52 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilman Engman asked if Ms. Fetherbay would still be paid time and a half in the future. Ms. Drake explained that Ms. Fetherbay could still accumulate additional comp time, but Ms. Fetherbay has chosen 18 hours to be paid at time and a half. The position is salary\ied, so in future it would not be paid time and a half. IB RESOLUTION NO. 2006-120: Approval Temporary Salary Adjustment - Court Clerk WHEREAS, Betty Poole, Court Clerk has been out on medical leave since February 7, 2006; and WHEREAS, Linda Fetherbay, Court Clerk, is running the office with only part time help from Debby Kelley, Bookkeeper to the Supervisor, until Ms. Poole can return; and WHEREAS, the Human Resources Manager and Justice Klein and Salk recommends increasing Ms. Fetherbay's salary $50 per week retroactive to February 7, 2006 and temporarily until Ms. Poole can return and pay at time and a half for 18 hours of the 36 extra hours she has had to work to keep the office functioning; Now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the temporary salary adjustment of $50 per week for Linda Fetherbay, Court Clerk ; and be it further RESOLVED, the said adjustment will be retroactive from February 7, 2006 until Ms. Poole is able to return, and pay at time and a half for 18 hours of the 36 extra hours she has had to work to keep the office functioning, which amounts to $775.44. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. Agenda Item No. 28 - Consent Agenda TB RESOLUTION NO. 2006-121: Consent Agenda Items. BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented. MOVED: Councilman Stein SECONDED: Councilman Engman 53 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-121a: Town Board Minutes of April 10. 2006 WHEREAS, the Town Clerk has presented the minutes for a Regular Town Board meeting held on April 10, 2006 to the governing Town Board for their review and approval of filing; now therefore be it RESOLVED, the Town Board does hereby approve for filing the minutes for the meeting held April 10, 2006 as presented at the May 8, 2006 board meeting. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-121b: Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 2006-2139 General Fund Townwide $ 96,971.90 General Fund Part Town $ 27,854.76 Highway Fund Part Town $ 27,080.30 Water Fund $ 18,274.21 Sewer Fund $ 11,734.82 William & Hannah Pew Bikeway $ 1,550.00 Risk Retention Fund $ 408.60 Fire Protection Fund $295,189.83 Forest Home Lighting District $ 55.40 Glenside Lighting District $ 21.55 Renwick Heights Lighting District $ 28.66 Eastwood Commons Lighting District $ 39.28 Clover Lane Lighting District $ 4.97 n n n 54 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Winner's Circle Lighting District $ 7.45 Burleigh Drive Lighting District $ 17.39 Westhaven Rd Lighting District $ 68.86 Coddington Rd Lighting District $ 40.09 Trust & Aqencv $ 660.00 TOTAL: $480.008.07 MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-121c: Bolton Points Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 152, 210-217, 219-270, 272-285 Check Numbers: 9047, 9105-9106, 9108-9111, 9113-9114, 9116-9180 Operating Fund $187,099.18 1998 SCADA Capital Project $ 12,528.50 2000 Bolton Road Project $ 657.34 2003 Office Space Addition $ 224.81 2003 East Hill Tank Project $588,945.38 Debt Service Fund $110.618.75 TOTAL $900.073.96 MOVED: Councilman Stein SECONDED: Councilman Engman 55 WHEREAS, there is presently a vacancy in the full time position of Senior Account Clerk Typist in the Administration Department at Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC); and May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. i TB RESOLUTION NO. 2006-121 d: Ratification of Creation of Sr. Account Clerk Tvpist Position (SCLIWC^ WHEREAS, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and WHEREAS, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment for the Town and Southern Cayuga Lake Intermunicipal Water Commission (Commission); WHEREAS, the Commission at the May 4, 2006 meeting approved the creation of an additional Senior Account Clerk Typist position; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the Commission's establish the following position in accordance with the applicable New York Sate and Tompkins County Civil Service rules: 1. The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: n 1 I (a) One Senior Account Clerk/Typist And be it further RESOLVED, the Human Resources Manager is directed to coordinate the necessary filing with Tompkins County Personnel Department to obtain certification of the position. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-121 e: Promotional Appointment Sr. Account Clerk/Tvpist (SCLIWC^ n 56 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 WHEREAS, the Commission approved the promotional appointment of Amy Jackson from Account Clerk Typist to Senior Account Clerk Typist at the May 4, 2006 meeting, effective May 29, 2006; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's promotional appointment of Amy Jackson as full time Senior Account Clerk Typist for the Administration Department, effective May 29, 2006. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. IB RESOLUTION NO. 2006-121f: Appointment of Project Assistant-Engineering WHEREAS, there is presently a vacancy in the temporary position of Project Assistant in the Engineering Department, which is a position not to exceed six months as an internship opportunity working on a specific project; and WHEREAS, the Town (among other Tompkins County Municipalities) has been designated a regulated Municipal Separate Storm Sewer System (MS4) by NYS DEC, in which the Town has until March 2008 to develop a map of the MS4 that shows the location of all outfalls and the names and locations of all waters; and WHEREAS, Tompkins County has received a grant that was divided out among the effected municipalities to pay for staff time to do the mapping project, with which $13,865.84 was committed to the Town of Ithaca; and WHEREAS, Ben Hebdon, a Senior at Binghamton University majoring in Geography with a concentration in GPS and GIS, worked as a seasonal laborer with the Town in 2003 and 2004 and as the Project Assistant on this project in 2005; and WHEREAS, the Director of Engineering has determined that Ben Hebdon possess the necessary knowledge and skills to satisfactorily perform the duties of the Project Assistant for this project and makes the recommendation for appointment; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the appointment of Ben Hebdon as Project Assistant for the Engineering Department, effective May 16, 2006; and be it further RESOLVED, this position is a temporary summer position not to exceed 40 hours per week for 15 weeks, at the hourly wage of $10.75, from account number A8540.110, no benefits apply; and be it further 57 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 RESOLVED, the Town will voucher the Tompklns County Soil and Water for reimbursement of the employment costs. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, absent; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye. Additional Agenda Items Westview Subdivision Mr. Walker explained that the developer has been building the road in the Westview Subdivision. The Town Board accepted the location of the road. There is an escrow agreement that needs to be signed because the road is not complete. At the time the agreement was written, the Town thought cash was going to be provided, but the developer has decided to provide a letter of credit to the Town. The Board needs to amend the agreement and then authorize Supervisor Valentino to sign it using the letter of credit as financial security. Councilman Burbank asked for someone to explain the difference. Supervisor Valentino explained that Boris Simkin, developer, wanted to give the Town a letter of credit. She would n not sign the agreement because she wanted to see what was in the letter of credit and what ! was up for collateral before the agreement was signed. Supervisor Valentino, Mr. Walker, Mr. Noteboom and Guy Krogh met to discuss the agreement and Attorney Krogh said that for a project of this size, a letter of credit would be fine. He further explained that the Town had to make sure that it was irreversible and that the bank guarantees Mr. Simkin's assets pledged to the letter of credit. The original resolution gave the Highway Superintendent, Town Engineer and the Attorney for the Town the ability to negotiate the final agreement. Supervisor Valentino is asking the board to allow the Attorney for the Town, Highway Superintendent, Town Engineer and the Supervisor to review the information and to authorize the Supervisor to sign the agreement with advise from the Attorney for the Town. Councilman Stein asked what is the difference between a letter of credit and escrow. Supervisor Valentino explained that with an escrow account, the money is put into an escrow account and drawn down with some money held back if the performance is not met. In a letter of credit, it is for the same amount of money, but the bank guarantees the money. Councilman Burbank asked if there was a resolution and Supervisor Valentino responded that there wasn't. She asked Ms. Brock if the resolution would be asking for the ability to sign the agreement for the letter of credit. Ms. Brock asked if there was a prior resolution ^ approving the escrow. Mr. Noteboom said that there was a prior resolution. Ms. Brock asked I if what they were trying to do was to amend the prior resolution to delete the escrow language and insert the letter of credit language. 58 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Board decided to move onto Report of Town Officials while Supervisor Valentino went to get her copy of the previously approved resolution. Agenda Item No. 29 - Report of Town Officials Town Clerk Ms. Hunter gave the board a proposed amendment to the Bolton Point agreement regarding the sale of water. She thought the agreement would allow water to be sold to Mr. Evans. It is information for the board to review before the June meeting. Ms. Hunter asked the board if they wanted to do a dog enumeration. Councilman Burbank explained the process of an enumeration to the board. Ms. Hunter suggested that an ad hoc committee or a small group should plan how to go about a dog enumeration if the board wanted to move fonward with it. Councilman Engman thought that the amount of money to be recouped by discovering unlicensed dogs would be more than the Town would spend on it anyway. It seemed logical to Councilman Engman that the Town move ahead with an enumeration. Councilman Stein asked why the board thought there was a problem. Councilman Burbank responded it has been some time since the last enumeration was complete and there is no real mechanism in place for licensing. The licensing is voluntary and the intent of licensing is to encourage people to be up to date with rabies shots. The Town may do this once and discover that there is a high rate of compliance. Councilwoman Leary asked if licensing a dog required anything of the owner other than the dog receiving vaccinations. Ms. Hunter explained that there is a different licensing fee depending up on if the dog is spayed or neutered. The fee for spayed/neutered is $8.50 and $16.50 for unspayed/unneutered dogs, $3.00 of the $16.50 is sent to Ag and Markets. Ag and Markets have a fund to help defray costs of spaying and neutering for low-income pet owners. Ms. Hunter added that she did provide the board with materials at one point, but she can provide those to them again upon request. Councilman Burbank volunteered to be part of a small working committee to start working on a dog enumeration. Hiqhwav Superintendent Mr. Noteboom commented that the public meeting on Coddington Road would not happen in May. The County has not heard comments from the State on revised reports sent in. The comments are needed before the public meeting is held. The ITCTC policy committee has an agenda item to transfer funds from a project in Newfield to the Hanshaw Road sidewalk. Councilman Burbank asked Mr. Noteboom if he had an opportunity to talk with the State about the ditching being done. Mr. Noteboom called the regional office in Cortland and learned it is DOT policy to hydro seed the ditches when they are complete. 59 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Director of Engineering Councilman Engman mentioned he would like to go on a site visit to the East Hill storage tank area. He thought maybe they could arrange a fieldtrip. Mr. Walker suggested that board members call Mr. Noteboom and he could set up a visit. Director of Planning Mr. Kanter reiterated that the Transportation Committee would be holding a public information meeting on the Transportation Plan Thursday, May 18, 2006, 7:00 p.m. at Town Hall. Manager of Human Resources Ms. Drake brought the board's attention to the brochure for the Diversity Consortium that she placed on their desks. She encouraged board members to attend. Noise Ordinance Comments Councilwoman Leary thanked Ms. Brock for the work she put into the noise ordinance. Continuation of Westview Subdivision Discussion Supervisor Valentino provided the board with a resolution dated September 12, 2005. She read the part the board needed to correct. "Whereas Boris SImkin has deposited with the Town a check in the amount of $52,720 to be held in escrow until completion of the pavement, sidewalks and site restoration is completed to the satisfaction of the Town Board". Supervisor Valentino stated that Mr. Simkin has not put the money in escrow and that Mr. Simkin has no authority to move fonward with the sidewalks and site restoration. ! i Mr. Walker suggested that instead of saying "has" it should say "will" in the WHEREAS. Supervisor Valentino thought the resolution from the Planning Board talked about a bond or other financial security satisfactory to the Director of Engineer, Director of Planning and the Attorney for the Town in an amount equal to 125% of the reasonable estimate of the cost of such completion. She asked if the board wanted to use the language from the Planning Board resolution. Ms. Brock reminded the board that acceptance of a portion of Larissa Lane was conditioned up an agreement being signed on the handling of $52,720 delivered in escrow to the satisfaction of the Town Supervisor, Town Engineer and Town Highway Superintendent upon the advice of the Attorney for the Town. She thought that what they needed to do was change the RESOLVED so that the Town Board is accepting as public roadway this property subject to the following conditions, with the condition just read being changed to "an approval of an agreement for financial security satisfactory to the Director of Engineering, Director of Planning, Town Supervisor and Attorney for the Town in an amount equal to 125% of the reasonable estimate for the cost of such completion as estimated by the Director of Engineering." Ms. Brock suggested that the WHEREAS clause needed to be changed as well and suggested the following language, "Whereas, Boris Simkin will either deposit with the Town of Ithaca a check in the amount of $52,720 to be held in escrow or provide the Town of Ithaca with a satisfactory letter of credit until the pavement, sidewalks, and site restoration is completed to the satisfaction of the Town Engineer and the Town Highway Superintendent," with the rest of the language in the WHEARAS remaining the same. 60 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 Supervisor Valentino suggested that they replace "Boris Simkin will" with "Boris Simkin shall". Ms. Brock stated the motion would be to amend Town Board Resolution 2005-125 to make the changed WHEARAS clause and the RESOLVED clause as described. Supervisor Valentino moved the resolution and Councilman Burbank seconded. Mr. Kanter asked why Mr. Simkin decided that he could not put up the cash for escrow. Mr. Walker responded that Mr. Simkin had talked about cash and then he talked about a bond, or a letter of credit. Mr. Carvill thought that a letter of credit indicated that if Mr. Simkin could not provide the cash, then he does not have enough free or liquid collateral that would provide the bank quick liquidity by which to reimburse the recourse of the Town. Mr. Carvill asked what would happen if Mr. Simkin defaulted or did not perform. Mr. Noteboom explained that the bank would put the money up. Supervisor Valentino added that Guy was making sure that the bank was going to make good on the letter of credit in the short term. Mr. Carvill wondered why the board was exercising this resolution at all. It seemed to him that it would be more appropriate for the board to take an action of saying that the Town receives the letter of credit or the cash before adopting any resolution. Mr. Walker explained that the resolution is that the board will accept the road once the Town receives the letter of credit. Councilman Stein asked if the board could just delegate it for Supervisor Valentino to take care of. Supervisor Valentino stated that is what they were asking. IB RESOLUTION NO. 2006-122: ACCEPTANCE OF A PORTION OF LARISA LANE AS A TOWN OF ITHACA ROADWAY AND ACCEPTANCE OF ASSOCiATED WATER AND SEWER IMPROVEMENTS AS TOWN OF ITHACA FACILITIES. WHEREAS, Igor Cheikhet, the owner, and Boris Simkin, the developer, of the Westview Subdivision located on Schickel Road is offering for dedication to the Town of Ithaca for highway and utility purposes approximately 400 lineal feet of property 60 feet wide shown as the section of Larisa Lane running South from the intersection with Schickel Road and then turning east and extending approximately 400 lineal feet, to the approximate mid point of lot 6 as shown on the Subdivision Map entitled "Final Subdivision Map of Westview Subdivision, Located on Danby Road and Schickel Road, Town of Ithaca, County of Tompkins, State of New York, prepared by T.G. Miller P.C., dated 6/22/2004"; and WHEREAS, the Developer has constructed the road, storm water facilities, water main, and sewer facilities to Town of Ithaca specifications with the exception of the final asphalt top which will be completed at a future date approved by the Highway Superintendent after major heavy construction traffic for the subdivision has ended, and WHEREAS, Boris Simkin will either deposit with the Town of Ithaca a check in the amount of $52,720 to be held in escrow or provide the Town of Ithaca with a satisfactory letter of credit until the pavement, sidewalks, and site restoration is completed to the satisfaction of the Town Engineer and the Town Highway Superintendent, such amount being 61 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 sufficient for the Town of Ithaca to complete the facilities in the event the developer fails to complete the work, and WHEREAS, the Town Superintendent of Highways has advised the Town Board that said road has been constructed in accordance with the Town of Ithaca Highway specifications, and WHEREAS, the Town Engineer has advised the Town Board that the water, sewer and stormwater facilities have been constructed in accordance with the Town of Ithaca specifications, and WHEREAS, the Town Superintendent of Highways and the Town Engineer have recommended the acceptance of said parcel for dedication for highway and utility purposes; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby accepts as public roadway 800 lineal feet of property 60 feet wide of Larisa Lane subject to the following conditions; (a) Receipt of a warranty deed for then parcel from the Owner. (b) Receipt of a easement from the Owner for the temporary hammerhead turn around on lot 6. (c) Approval of title to said road by the Attorney for the Town. (d) Approval of an agreement for financial security satisfactory to the Director of Engineering, Director of Planning, Town Supervisor and Attorney for the Town in an amount equal to 125% of the reasonable estimate for the cost of such completion as estimated by the Director of Engineering. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Memorandum of Understanding with Village of Cavuqa for Constabie (Attachment #16 - draft agreement between Village of Cavuqa Heights and Town of Ithaca) The Town and the Village have come to an agreement for a Village of Cayuga Heights constable to serve as a Constable for Justice Klein's court. The agreement will need to be approved annually. Councilman Stein asked if the person would be paid directly or if the Town would pay the Village. Supervisor Valentino responded that the Village would be paid. Supervisor Valentino moved the resolution and Councilwoman Leary seconded. 62 n May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Councilman Engman did not understand why the person could not act as a police officer. Supervisor Valentino explained that they would not be in the jurisdiction of the Village of Cayuga Heights. They would be providing security for the court and handling a situation until a City police officer arrived. Councilman Engman asked if the Justices were in agreement. Justice Klein agreed and the New York State Office of Court Administration reviewed the agreement. IB RESOLUTION NO. 2006-123: RESOLUTION FOR THE TOWN OF ITHACA TO ENTER INTO AN AGREEMENT FOR A COURT SECURITY OFFICER AND AUTHORIZING THE SUPERVISOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF ITHACA WHEREAS, the Town Board of the Town of Ithaca desires to have a uniformed police officer in attendance during Wednesday night Town Court as a court attendant to foster a sense of decorum, but without providing any policing service or protection; and WHEREAS, in the interest of intermunicipal cooperation, the Board of Trustees of the Village of Cayuga Heights will provide this limited service to the Town of Ithaca in a cost effective manner; and WHEREAS, Article 5-G of the New York State General Municipal Law authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis; and WHEREAS, this document has been reviewed by the Attorney for the Town, and the Attorney for the Village of Cayuga Heights; and WHEREAS, it is anticipated that the document will soon be finalized and will satisfactorily address the comments of the Attorneys; and WHEREAS, the Budget Officer recommends that the 2006 Town Court budget be amended to provide funding for this court service by increasing Fees and Fines revenue resources (A2610) and accordingly increase Town Court expenditures for Court Security (A1110.490) by $7,800; and THEREFORE BE IT RESOLVED, that the Town Board hereby approves entering into a Agreement with Village of Cayuga Heights that contains substantially the same terms as those in the attached draft document and that is in a form approved by the Attorney for the Town, and BE IT FURTHER RESOLVED, that the Town Board directs and authorizes the Budget Officer to amend the 2006 Town Budget; and BE IT FURTHER RESOLVED the Town Board authorizes the Supervisor to execute the final document on behalf of the Town of Ithaca. MOVED: Supervisor Valentino SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. 63 May 8,2006 Regular Town Board Meeting Approved June 12, 2006 Discussion of Sales Tax Exemption on Clothing Supervisor Valentino explained that at the last Intermunicipal Sharing group, Tim Joseph talked about sales tax and she understood that the State was removing their 4% tax on clothing and shoes over $110. Mr. Joseph wanted to know how the Towns' felt about removing the tax in the towns for 2007. The City is opposed to removing the tax. Supervisor Valentino was opposed to removing the sales tax and she did not know exactly what the impact would be on the Town, but she does know that there would be an impact. The Town is already getting a lower percentage of sales tax than in the past. It would be devastating for the Town not to receive the sales tax money. Councilman Burbank asked if the Village of Lansing was going to eliminate the sales tax. Councilman Stein answered that Mr. Joseph had not heard that any of the towns were voting for the removal. Councilman Stein felt that one of the important arguments was made was that one way or another, it is the same expenses. So if the receipts of the sales tax go down, then the receipts on real estate go up. It was pointed out to him it was a source of revenue for people who do not pay real estate taxes. Councilwoman Leary questioned the benefit to consumers of removing the sales tax. She thought it benefited retailers more than consumers because consumers are not aware of when there is no sales tax. It doesn't allow for consumers to plan their purchases. Supervisor Valentino mentioned the argument that removal of sales tax helps low-income families. She felt that there are other programs that would probably help the low income much more than sales tax relief. Councilman Stein moved that the Town Board was against eliminating the sales tax. Supervisor Valentino seconded. The Board concurred Correspondence Councilman Stein asked if the Town Board could be involved with the Northeast Walkability Study. Supervisor Valentino could send in the names of board members interested in being involved. Councilman Stein and Councilwoman Leary expressed interest. Executive Session TB Resolution 2006-124: Move into Executive Session to discuss pending litigation on the Health Department Fees to Bolton Point BE IT RESOLVED that the Town Board of the Town of Ithaca move into Executive Session at 10:00 p.m. to discuss pending litigation regarding Tompkins County Health Department Fees to Bolton Point. MOVED: Supervisor Valentino SECONDED: Councilman Stein n n 64 May 8, 2006 Regular Town Board Meeting Approved June 12, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. IB Resolution No. 2006-125: Return to Regular Session BE IT RESOLVED that the Town Board of the Town of Ithaca return to regular session at 10:09 p.m. MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Adjournment On motion by Councilman Stein the meeting was adjourned at 10:10 p.m. Respectfully submitted, lus- _ Tee-Ann Hunter Town Clerk Next meeting June 12, 2006 65 rs > \TOWN OF ITHACA TOWN BOARD SISN-IN SHEET DATE: Monday, May 08, 2006 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE yPRJA/TADDRESS/AFFILIATION 'Z/'io ^d\rv/ f'irm / \ ^1 TOWN OF ITHACA ? AFFIDAVIT OF POSTING AND PUBLICATION ~ X' Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 184 OF THE TOWN OF ITHACA CODE TITLED "NOISE" TO REVISE PURPOSE AND DEFINITIONS, ADD PROHIBITION AGAINST UNREASONABLE NOISE, AND REVISE NOISE SOURCES, PERMITS, AND VIOLATIONS AND PENALTY PROVISIONS. Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Friday, April 21, 2006 Date of Publication: Tuesday, April 25, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 26*^ day of April, 2006 h ArOAM Notary Public CARRIE WHITMORE Notary Public, State of New York^ \ 'no. 01WH6052877 ^ Tioga County ^ ^/s/lo^ Commission Expires December TOWN OF ITHACA NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN, tho} rfie Town Board of tlie Town of Itfiaco will hold a public hearing at 7KM3 p.m. on the 8th day of May 2006 ot Town Hall, 215 North Tiogo Street, Ithaca, New York, for the purpose of considering o proposed local law to amend Chapter 184 of the Town of Ithaca Code fitted "Noise" to revise purpose and definitions, add prohibp fion ogoinst unreasonable noise, ond revise noise sour ces, permits, ond violations and penalty provisions. A copy of the proposed local Low is on file at the Town Clerk's Office and ovailoWe for review during regular of fice hours, Monday through Fridoy 8 a.m. to 4 p.m.; ond FURTHER NOTICE IS HEREBY GIVEN, that at such lime and ploce oil persons interested in the proposed local low may be heard con- cemina the some; and FURTHER NOTICE IS HEREBY GIVEN, that indi viduals with visual or hear ing impairments or other special needs will be provid ed with ossistance as neces sary, upon request. Persons desiring assistance must make a request to the Town •Clerk not less than 48 hours prior to the time of the pub lic heoring. Dote: April 21, 2006 Tee-Ann Hunter Towm Clerk 4/25/06 A May 8, 2006 Town Board Meeting DRAFT • 8 (60005) VenioD 1.0 ' ^ 1 A .N ATTACHMENT #2 Agenda Item #8 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIION Phase IISPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP-02-02 MUNICIPAL COMPLIANCE CERTIFICATION (MCC) FORM MS4! Town of Ithaca SPDES Permit Number: NYR20A13 4 see mtonnation pacKei lor inionnauon lu hcim MCC Form for year ending: March 9, X 2006 (Year 3) 2007 (Year 4) 2008 (Year 3) Section A. MS4 Owner/Operator and Contact Person Information (contact persons explained in instructions) Owner/Operator Is information below new or changed? _X Yes No Name: Catherine Valentino 1 Tide: Town Supervisor | Department. Town Board Mailing Address: Street or P.O.Box: 215 N. Tioga Street City: Ithaca County: Tompkins state: NY | Zip Code: 14850 Phone: (6137 ) 273 - 1721 1 E-mail Address: cvalentino@town.ithaca.ny.us Local Stormwater Public Contact (Required by Minimum Measure 2) Is information below: 1) new or changed? Yes X No ?^sflnieas! Owner/Ooerator Name: Daniel Walker and Fred Noteboom Tide: Director of Engineering and Highway Superintendent Department: Engineenng Public Works Facility / ^s: / \ Street or P.O. Box: 215 N. Tioga Street and 106 Seven Mile Drive City: Ithaca County: Tompkins State: NY Zip Code: 14850 Phone: (6'37)273-1747 | B-maU Address: dwalker@town.ithaca.ny.us D71273-1656 fnoteboom^town.ithaca.ny.us Stormwater Management Program (SWMP) Coordinator (Responsible for implementation/cooramanon ot S WMP> Is information below: 1) new or changed? Yes X No Owner/Ooerator X Local Stormwater Public Contact Name: Daniel Walker and Susan Ritter Title:Director of Engineering and Assistant Director of Planning Department: Engineenng and Planning Mailing Address: Street or P.O. Box: 215 N. Tioga Street City: Ithaca County: Tompkins State: NY Zip Code: 14850 Phone: (607) 273-1747 E-mail Address: dwalker@town.ithaca.ny.us ana sritter^town.ithaca.ny.us Annual Report Preparer Is information below: 1) new or changed? Yes X No j. * 9^«ameas* Owner/Ooerator Local Stormwater Public Contact X SWMP Coordmator Name: Susan Ritter Tide: Assistant Director of Planning Department: Planning Mailing /^^Iress: ! \ Street or P.O. Box: 215 N. Tioga Street City: Ithaca County: Tompkins State: NY j Zip Code: 14850 - N 7 ^ne: (607) 273-1747 E-mail Address: sritter@town.ithaca.ny.us GP-02-02 Municipal Compliance Certification Form Municipality: Townoflfiiaca Pag^ Permit Number: NYR40A134 IMPORTANT NOTE: Rows can be added to the tables in the following sections by going to the rightmost cell in the bottom row of the table and hitting tab. Hitting return in a given row will make the row wider, creating more room to type or write Section B. Local Water Quality Information Information to help complete this section can be found in the instructions. 1. Does the MS4 discharge to 303(d) listed waters or is it in a TMDL watershed? X Yes (complete the table below) No Not Yet Determined fPut an X in the 'Classification' cell to indicate if the MS4 discharges to a waterbody on the 303(d) list and / or if it is in a TMDL watershed.) Impaired Waters Name (fi-om 303 (d) list and/or TMDL) Po!Iutant(s) of Concern (fi-om 303 (d) list and/or TMDL) Classification 303 (d)TMDL Cayuga Lake (southern end)sediment X 2. Have you received notification firom fiie Department that you are subject to the special conditions in Part in.B. of the permit? Yes X No 3. Have all necessary changes been made to the Stoimwater Management Program (SWMP) to ensure compliance with Part in.B. of the MS4 permit for discharges to 303(d) or TMDL waters? _Yes P) XNo (explain below) ^ ; Explanation: n ' ) ( 1 ibiU/j /ZiLfo/u Ce^t^' -^'S- ^c/'-^/j/ikacKD-sk.i / \ ATTACHMENT ffl C^ jSuoc^icT sf/^/2Jz UJ/T^ jBc^^^T /hc^c^oc^jUT'C-i^y^/^rS <5cy>/U/£L^ n> <^Up/iL^\/i 5 \//l-A^A)/7/tJ^ /^S/^ S(:>K AM //UlZe^^/T^y A Aac^^/y^i^ /ifJCJiUOCt>^ /4^ as /a/(^AA^4C/T" ChsT ^c^z^/^AAp. /fO /?Hs pAo^r AA£. y/Z£. f yA./Z>J>Azd: AM ChsAs /acc^&A££>^^VSI/6Z'S/^ ^ G^UaJZy ^/hAfe^''/(J/Cz^^AS AM fy/ ' 4 M-U^lJ/U^'-/TQCC^c/&A<y' tVAs //06Jaaa£0 aZ /^zJcAdT^^,7e^ 7^ zU£.uJ /A^Aszz^rr^ /^ OptAATTA^ AZ k?AT7s AS CzfA^pAA^<> £0/7^ 77r£ cZO iSiU& AZ 3A M77S AaJS> A PA^6l£/tts TTh^Z pA&'/^^C >Sys/:ZA^. 77/^S Aao/£/ Tl-fa TAAAJS/n^/cUyC ro UHA a APu^AI^ A^c/AMA^ K5C.H£jt>i^A^ - ' \ ^ Mh :/^SjSTAMA. /2> AAa^^O^ 2.^^ AAs A£M A'/iAA zzJ A^cc^/cZ 0^ / i> AuHzLbM^ TT/C^AfAjUr &vllAILcu> TH^ pOAcjf^sc 3 0/f=z^£^<L^7'^s (S/^ (JfJ^OiiOz^ /j^ypOfA^ b£ri£77ciO A!^tJlpAfd*(Zr A'JS. Thz Z/AZ/^ArAA£>&AAy^ . Sf^'i^'<^/C /^AA/A<S - (^PPg/cJ/ly' C£>ZZAeZ///G4/7^^^ Z^t.>/U/€ifpytZ J^4£L AA/z9^7i>S jf^fUTZes APZ PAc&A^zf AAtAS . T^^l^r- I>g.\/a4zy£ ^/*f^/l- Zfi^CAccys Z£> u>zA^ A^z. fzsi /kevj^jO^cA j$c)A£ao - 7% Z/ysJ^&A ^zioiiZ /s zzzaa/zz^at^a 44J Z/zpunj OxzATy ^ /Sz$yc>S/8A4Ty ZZaz AfSf!^3^'Z7ca.' (SA Aoo^ z>A^HAAi>^ SAcA£. PAZZ^cZ^aj , 7P£. ZAH^ A/4£. R7. A ^c^fAZkAC^xM 73?)^ TZzipkzAs C?ovTy Ue/uTpz D^t: 77/£.4/ys/Zzz/T^As^jr. a/av£A^a^^ AejpczAfja Rh I>zf/ 7:F, uz/u nsss^s tP/Acz i^7£<L7Zas W TZfZ /zp Ais/^sz^ 2^sss/<d''4iiPZ6Ass&:^- APAAfAAPfTinp. (h /y'^PZfl Sy^U/p - The ^7y SA XpmA /iAAfUTiUAS A S^k AAA£a^s/s/^AR^fAAs) . Pisis-LcpiMzATs //Ai <5tva)»tis, FiPzs ^ az&ax uvm I>zc^/ju/a<^ c^se 3>a rue rgj^sisA^pAic, /iiyf^Ak^ HcH-tJckCi:,-! FhisJT 1^ A PA'e\/Ai>{^A'ncA oa /T^ AuZvAe. 4s/^au. TZh^^oop/s a/ouj Heir/Xc? zo ThZii act^Xf^uco viaS/z/ty z>/^ CcioTfAJuiA'c jt: GP-0'Muniv.,jleport Tables}wn of IthacaPermit Number: NYR<Minimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;X Stormwater System Maintenance; ^Vehicle and Fleet Maintenance; Park and Open Space Maintenance; ^Municipal Building Maintenance;Solid Waste Management; Otherj• Copy this page and give it to each municipal office or department responsible for reporting.• Put an *X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c: Develop and implement an operation and Describe Measurable Goals and Results (when applicable)maintenance program to reduce and prevent pollutant discharges from the Indicate: Date Completed, Ongoing Task, or Scheduled Date (formunicipal operation(s) indicated above to the MEP. next years activities)• Describe how the bulleted items belowfocus on pollutants addressed by theI municipal pollution prevention program and the pollution preventionpriorities.• Briefly describe or reference any existing policies and procedures• Briefly describe or reference any policies and procedures being developedInformal orocedures are currently in place.A stormwater system inspection and maintenance plan is anticipated tobeing developed in the near future.• Briefly describe or reference any existing best management practices• Briefly describe or reference any planned best management practicesThe Town annually inspects catch basins and cleans them as needed.The Town maintains approximately 392 catch basins.The Town maintains road ditches. As needed, ditches are cleared ofaccumulated sediment and debris so as to maintain stormwater flow.Town also regularly mows ditches, swales, and detention basins asneeded to remove woody vegetation.The Town uses its hydroseeding equipment after vegetationremoving/soil disturbing activities.• Identify and describe the equipment and staffthat are in placeSee Vehicle and Fleet Maintenance for this informationMeasurable goal is to have an inspection and maintenanceIan in place.OngoingOngoingOngoing GP-02-02 Annual Report TablesMunicipality: Town of IthacaPage 18Permit Number: NYR40A 1 3 4Minimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;X Stormwater System Maintenance; Vehicle and Fleet Maintenance; ^Park and Open Space Maintenance; Municipal Building Maintenance;Solid Waste Management; Other:• Copy this page and give it to each municipal office or department responsible for reporting.• Put an 'X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c (continued): Develop and implement an operationand maintenance program to reduce and prevent pollutant discharges frommunicipal operations to the MEP.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Assess if existing programs adequately reduce and/or prevent pollutantdischarges• Determine and list any operation type, location orfacility that is in need ofmodification or updates.^ DO NOT ENTER INFORMATION IN THIS CELL, fExisting program appears currently adequate, but greater resources willneed to be directed to the Inspection and maintenance of private andmunicipal stormwater facilities which are expected to multiply in numberover the vears as development in the town Increases.OngoingPermit Reference iy.C.6.a: If there is a training component for staff specificto these municipal operations:• explain the activities and materials;• identify the personnel or outside organization conducting the activities.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)No formal training through class or workshops has been provided, butstaff is given with hands-on training with direction from supervisors.OngoingFuture training to provide greater employee sensitivity to stormwatermanagement, particularly erosion and sedimentation control and waterquality concerns is anticipated.Not yet scheduled.Additional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)jz:> GP-02'" •• Report Tables . . ,Munk Jiivn Of Ithaca 1 _ . Permit Number: NYR4rMinimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; X Winter Road Maintenance,Stormwater System Maintenance; Vehicle and Fleet Maintenance; Park and Open Space Maintenance; Municipal Building Maintenance;Solid Waste Management: Other:• Copy this page and give it to each municipal office or department responsible for reporting.• Put an *X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c: Develop and implement an operation andmaintenance program to reduce and prevent pollutant discharges from themunicipal operation(s) indicated above to the MEP.• Describe how the bulleted items below focus on pollutants addressed by themunicipal pollution prevention program and the pollution preventionpriorities.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Briefly describe or reference any existing policies and procedures• Briefly describe or reference any policies and procedures being developedDO NOT EN IER INFORMATIONCurrent procedures for salt application are informal, but are typical ofmunicipalities that are required to maintain safe road conditions duringthe winter season.OngoingA salt management plan is anticipated to be developed.Measurable goal is to have a salt management plan in place.Procedures/guidelines are in places that Instruct how staff monitors roadconditions and performs duties during the winter season.Ongoing• Briefly describe or reference any existing best management practices• Briefly describe or reference any planned best management practicesThe Town uses salt and Majic (a salt alternative) mix treatment on roadsand parking lots, and trucks are equipped with a calibrated spreadersystem. Some trucks are equipped with a thermometer that detectspavement temperature, to better determine the necessary roadtreatment.OngoingSalt is stored in a covered facility.• Identify and describe the equipment and staffthat are in placeThe Public Works Facility has 28 total employees, up to 24 can beinvolved in winter road/pavement maintenance. The Town has 14 largeand small snow plows.Ongoing Page 16GP-02-02 Annual Report Tables Permit Number: NYR40A 13 4Solid Waste Management; ^Other:. Copy this page and give it to each municipal offme ^eP" [SZin^XTn^Prevention/Good Housekeeping Program in that office or department.: ^or examp. hest management practices, poiimes and procedures.: explain the different processes, activities, procedures, practices, etc. used by the MS4. Add add.t.onal rotvs as need d. ^Pe^it Reference IV C6.ac (continued):rerinit Keierence \.wiiwuuv«^-r r •l/eSCI lUC iTxcaaui v •Indicate: Date Completed, Ongoing Task, or Scheduled Date (torand maintenance program to reduce and prevent pollutant discharges frommunicipal operations to the MEP.. Assess if existing programs adequately reduce and/or prevent pollutantdischarges . . , . . ^ r• Determine and list any operation type, location orfacility that is in need ofmodification or updates. —The existing Town program helps to reduce the amount salt usage.No necessary modifications or updates have been identified to date.Permit Reference IV.C.6.a: If there is a training component for staff specificto these municipal operations;• explain the activities and materials;• identify the personnel or outside organization conducting the activities.No formal training through class or workshops has been provided, butstaff is provided with hands-on training and supervision.next years activities)I DO NOT ENTER INFORMA flON IN THIS CELLOngoingOngoingDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)OngoingAdditional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Explam any changes or additions to the Permit Referenced Activities / Techniques. Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change:7:0 GP-0?Munis.Report Tablesh/n of IthacaPermit Number: NYFPac'- 13Minimum Control Measure 5. Post-Construction Stormwater ManagementUse separate rows to explain the different processes, activities, procedures, practices, etc.Permit Reference IV.C,5,a, c. (continued): Develop and implement a post-construction stormwater management program that addresses stormwater runofffrom new development and redevelopment and will reduce the discharge ofDollutants to the MEP. Program requirements should include^• Adequate resources for a program to inspect new and re-development sitesand for enforcement and penalization of violators.• Describe resources below. Update annuallyThe Town will need to create a funding mechanism where fees and fineslevied will contribute necessary resources to stormwater managementInspections, enforcement, and maintenance of facilities. Resourceneeds will be discussed and explored as the Town begins developmentof a local law to address stormwater management.Additional Techniquesused by the M$4. Add additional rows as needed.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)DO NOT ENTER INFORMATION IN THIS CLTLA local law is anticipated to being adopted in 2007.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Explain any changes or additions to the Permit Referenced Activities / Techniques, Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change: GP-02-02 Annual Report TablesMunicipality: Town of Ithaca Permit Number: NYR40A i3_4Minimum Control Measure 6. Pollution Prevention/Good Housekeeping for Municipal OperationsOVERALL MLINICIPAL POLLUTION PREVENTION / GOOD HOUSEKEEPING PROGRAM INFORMATION• This table is for MS4s to report on their OVERALL Municipal Pollution Prevention / Good Housekeeping Program.• A separate table follows that is for MS4s to report on management practices performed in identified municipal operations.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference rV.C.6.a: Develop and implement an operation and Describe Measurable Goals and Results (when applicable)maintenance program to reduce and prevent pollutant discharges from Indicate: Date Completed, Ongoing Task, or Scheduled Date (formunicipal operations to the MEP. next years activities)• List pollutants that will be addressed by the municipal pollution prevention pro^am.Phosphorus, sediment, salt, oil & grease, pesticide/fertilizer, other miscellaneous cleaners• Set and describe pollution prevention priorities by geographic areas, ^ SftImunicipal operation type, and facilities. :? DO NOT ENTER INFORMATION IN THIS CELL ;Catch basin cleaning addresses phosphorus and sediment pollution.Winter road maintenance that includes use of a salt alternative, andmonitors salt usage with meters installed in trucks, helps to reduce saltpollutants.Park's management use pesticide and herbicides on a very limitedbasis, and only uses organic herbicide.The upgraded Public Works Facility controls oil and grease and washwater, and stores oil and antifreeze in containment area.Permit Reference IV.C.6.a: Include a municipal pollution prevention trainingcomponent for staff (where all staff are trained).• Explain activities and materials used to meet this requirement.• Identify training needs and design training components• Determine the adequacy and appropriate frequency of staff training.• Identify personnel or outside organization conducting activities.Public Works Facility employees (28 total) receive annual safety training Ongoing annuallyin the handling of hazardous materials and spills response.The "Hazardous Materials Response Plan" Spill response plan,developed in cooperation with the Town Safety Committee, is in placeand provided to staff.Additional TechniquesmiNM UNOngoingOngoingOngoingDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)OngoingDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities) GP-f" Report Tables \Mun.-.P"-;'- 'own of Ithaca * Permit Number: NYR^Minimum Control Measure 5. Post-Construction Stormwater ManagementUse separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.S.a, c. Develop and implement a post-constructionstormwater management program that addresses stormwater runoff from newdevelopment and redevelopment and will reduce the discharge of pollutants tothe MEP. Program reauirements should include:Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• A combination of structural and/or non-structural management practices.• Identify and describe below procedures to ensure installation of post-construction management practices. Revise as procedures are updated.^^^^ON^^TC^rORMATION IN THISThe Town does not currently have a local stormwater managementordinance, but does require new development proposals to Includeimplementation of post-construction stormwater management, asrequired by NYS DEC regulations, through the siteolan/subdivision/SEQR review process.Ongoing. Local law development through 2006, withanticipated adoption by 2007.• Procedures for site plan and SWPPP review to ensure SWMPs meet statestandards.• De.sr.rihp. procedures below. Revise as procedures are updated.• Example measurable goals include: number of plans received;number of plans reviewed; percent of plans received that arereviewed.Site and subdivision plans are reviewed by the Planning Department andEngineering Department to ensure they comply with state standards.The Town requires applicants to meeting NYSDEC requirements forpost-construction stormwater management. Staff reviews are conductedprior to Planning Board consideration of the project. The staff findingsare communicated to the Planning Board and are discussed duringSEQR review process.From March 2005 to March 2006 staff reviewed approximately11 site plan or subdivision applications that involved some sortof post-construction stormwater management. These weregenerally projects involving more than 5 acres of disturbance. GP-02-02 Annual Report TablesMunicipality: Town of IthacaPage 12Permit Number: NYR40A 13 4Permit Reference rV.C.5.a, c. (continued): Develop and implement a post-construction stormwater management program that addresses stormwater runofffrom new development and redevelopment and will reduce the discharge ofDollutants to the MEP. Program requirements should include:Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Procedures for inspection and maintenance of post-constructionmanagement practices.• Explain procedures below. Revise as orocedures are updated.• Example measurable goals are number of: inspectionsmaintenance activities performed.Site inspections are performed during construction of stormwaterfacilities associated with new development to insure they are properlyconstructed according to plans approved by the Planning Board.Inspections are handled primarily by the Engineering Department, whichincludes engineering staff and code enforcement officers.Ongoing. The number of inspections during March 2005 -March 2006 that involved post-construction stormwatermanagement facilities (ie. swales, bio-retention, etc), wereapproximately five.Private owners of stormwater facilities are required to sign an Operation,Maintenance, and Reporting Agreement with the Town as part thePlanning Board approval process to assure that the facilities willcontinue to function properly.The Town has obtained one signed Operation, Maintenance,and Reporting Agreement over the past year, and expectssubmission of several more in 2006.Formal procedures to inspect all stormwater facilities, both public andprivate owned, will be developed in conjunction with development of astormwater mianagement local law.The Town anticipates adopting a local law to addressstormwater management by 2007.• Procedures for enforcement and penalization of violators.• Explain procedures below. Revise as orocedures are undated.• Example measurable goals: number enforcement activitiesperformed.Procedures will be developed through a stormwater management locallaw.The Town anticipates adopting a local law to addressstormwater management by 2007.333 GP-0" "Report Tables ^ ^Mun. Jlwn of Ithaca ^ _Minimum Control Measure 4. Construction Site Stormwater RunofT ControlPermit Number: NYR4)Permit Reference rV.C.4.b. v: Develop and implement procedures for site planreview by the MS4 that incoiporate consideration of potential water qualityimpacts and review individual pre-construction site plans to ensure consistencywith local sediment and erosion control requirements.• Describe the procedures below. Revise as orocedures are updated.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Example measurable goals: number of plans received; numberof plans reviewed; percent of plans received that are reviewed.Site plans are reviewed by the Planning Department and EngineeringDepartment to ensure they comply with state standards and localrequirements. The reviews are conducted prior to Planning Boardconsideration of the project. The findings are communicated to thePlanning Board and are discussed during SEQR review.From March 2005 to March 2006 staff reviewed approximately20 site plan or subdivision applications that involved some sortof stormwater management. All project over 1 acre in size arereviewed for stormwater management compliance.Permit Reference IV.C.4.b. vi; Develop and implement procedures for thereceipt and consideration of information submitted by the public.• Explain the procedures below. Revise as procedures are updated.• Identify the responsible personnel or outside organizations.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Planning Board meetings are announced in the local newspaper, withpublic hearings noticed in the legal section. The Planning Board agendais posted on the Town website and available from the Town Clerk'soffice. Neighbors living within 500 feet of a proposed project are maileda Planning Board agenda several days before the meeting.OngoingThe public is invited to provide verbal comments on developmentproposals during Planning Board meetings, or through the submission ofwritten correspondence, which is then provided to Planning Boardmembers.Ongoing. All projects reference above in IV.C.4.b.v hadopportunities for public comments. GP-02-02 Annual Report TablesMunicipality: Town of IthacaMinimum Control Measure 4. Construction Site Stormwater RunOff ControlPage 10Permit Number: NYR40A 13 4Permit Reference IV.C.4.b. iii, vii; Develop and implement procedures for siteinspections, enforcement of control measures and sanctions to ensurecompliance with GP-02-02.• Dfixrrihp pnrh procedure below. Revise as procedures are uvdated.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Example measurable goals are number of: inspections: finesassessed; stop work orders; other sanctions.Site inspections occur at various stages of project construction, and arehandied primarily by the Engineering Department, which includesengineering staff and code enforcement officers.OngoingAny violation of the stormwater component of a Planning Boardapproved site plan or subdivision wouid be handied iike other siteplan/subdivision violations. The enforcement procedure wouid involveverbal notification of the violation to the property owner or coiitractor. Ifthe violation continues, the owner would receive a written notification. Ifcompliance is still not achieved, the owner could receive a citation,which may involve a court appearance ticket.The Town can also withhold issuance of a certificate of occupancy ifstormwater management practices are not adequately constructed.During project construction. Town staff has found it necessaryto frequently notify property owners and/or contractors thattheir erosion and sedimentation control practice (silt fencing)has not been properly maintained or installed (duringconstruction). This verbal notification is sometimes neededmultiple times throughout a single construction project.Over the last year project was shut down due to inadequatestormwater management practices being installed, and oneproject failed to obtain a permanent certificate of occupancyuntil their stormwater facilities were properly installed.Permit Reference IV.C.4.b. viii: Educate and train construction site operatorsabout requirements to develop and implement a SWPPP and any otherrequirements they must meet within the MS4s jurisdiction.• Ejqjlain the activities and materials used to meet this requirement.• Identify the personnel or outside organization conducting this activity.• Indicate activities olanned for next vear.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)A public workshop entitled "Erosion and Sediment Control Workshop forContractors'* was conducted and presented by NYSDEC and sponsoredby the Stormwater Coalition of Tompkins. The session was designed forpublic officials, contractors, and consultants, etc. Approximately 134people were in attendance.Workshop held on March 15, 2005.A public workshop entitled "Stormwater Construction Site InspectionWorkshop", conducted and presented by the NYSDEC, and sponsoredby the Stormwater Coalition. The workshop was geared for codeenforcement officials, municipal engineers, contractors, and others, andwas attended by upwards of 40 individuals.Workshop held on April 13, 2006.33 GP-f " ^^eport TablesJown of IthacaPermit Number: NYR^:Permit Reference IV.C.4.b.i, 5.a.i; Require development and implementation of erosion and sedimentation controls through a local law or otherregulatory mechanism. Report on assessment process used {Stormwater Management Gap Analysis Workbook for Local Officials or equivalent process).The MS4s have until year 5 to complete the local law work. See the instructions for information about completing this section.Does the MS4 have the legal authorityto enact land use ordinances, local lawsor other regulatory mechanisms?No (go to ADDENDUM 2)X Yes (complete questions below)Preliminary Assessment of Regulatory Mechanism (Local Code)1. When was the preliminaryassessment of existing local codescompleted or when will it becompleted?Date completed: March 1.2006 Not vet completed (proceed to next table)Plan to complete for reporting in year: 4; ^5.^Did not do preliminary assessment; proceeded directly to Gap Analysis Worksheets 1-4 or adopted SampleLocal Law for Stormwater Management and Erosion & Sediment Control (Sample Local Law).2. If preliminary assessment wascompleted, indicate the results.If none of Sample Local Law provisions appear in local code; consider adopting Sample Local Law orequivalentX If few Sample Local Law provisions appear in local code; major revisions needed or consider adoptingSample Local Law or equivalentIf most of the Sample Local Law provisions appear in local code; minor revisions neededAssessmentand Development of Regulatory Mechanism (Local Code) (continued on next page)3. When was the Gap Analysis orequivalent process completed or whenwill it be completed?Date completed: March 10.2006 Not vet completed (proceed to next table)Plan to complete work below for reporting in vear: X 4: 5.4. How was the local code adopted orhow will it be adopted*?*IfMS4 has some existing local codeequivalent to the Sample Local Law andadopted parts of the Sample Local Law asamendments to make a complete localcode, check b and c.a . The entire Sample Local Law adopted as amendments to existing code or as stand alone law.• If no portions of the Sample Local Law were moved or deleted, all provisions would be exactly the same as theSample Local Law.• If ANY provisions of the Sample Local Law were moved or deleted, the moved or changed provisions must bereviewed (use the Gap Analysis or equivalent process) to ensure the intent of the law has not been changed.b . Parts of NYS Sample Local Law adopted as amendments to existing code.c . Language developed by municipality was demonstrated to be equivalent. GP-02-02 Annual Report TablesMunicipality: Town of IthacaPage 8Permit Number: NYR40A 13 4Permit Reference IV.C.4.b.i, 5.a.i (continued)Assessment and Development of Regulatory Mechanism (Local Code) (continued)5. Answer the following questions about the Gap Analysis or equivalent processes.Clauses are defined as: All the Sample Local Law sections or subsections in the Gap Analysis Worksheets 1-4 that have a box in the Equivalencecolumn, meaning that there is an associated "Equivalence" sheet (with the exception of Article 6, Section 4 which does not have an Equivalence sheet).Total number of clauses in each worksheet: Sample Local Law Article 1 (Gap Analysis Worksheet 1) - 8 clauses; Sample Local Law Article 2 (GapAnalysis Worksheet 2) - 51 clauses; Sample Local Law Article 3,4,5 (Gap Analysis Worksheet 3) - 3 clauses; Sample Local Law Article 6 (GapAnalysis Worksheet 4) - 9 clauses.MS4s that adopt the entire Sample Local Law as amendments to existing code or as stand alone law need to indicate the number of clauses beingfldonted that are exactlv the same as the Sample Local Law. or equivalent, in the right-hand column below.Sample LocalLaw ArticlesNumber of required Clauses in Local LawExisting clausesexactly the same asthe Sample LocalLaw languageExisting clauses equivalent to the Sample LocalLaw language (see Gap Analysis WorkbookEquivalence Sheets for information to help determineequivalence)Sample Local Law or equivalent language to beadopted, listed as legislative agenda items.1008200513,4,50036009TOTAL00716. Has a list of needed changes(legislative agenda) been developed foradoption of amendments to local codes(or for deletion of existing codes thatare addressed by adoption of a standalone law)?NoX Yes, list the local codes that will be changed: Zoning Ordinance (includes Site Plan requirements),Subdivision Regulations7. What was the date or is planned dateof local code adoption?Date: Hoping to adopt local law in 20078. Provide a web address if the adoptedlocal law can be found on a web site.Web Address:33 GP-0'Mun ic.Report Tablesvown of IthacaPermit Number: NYR43Permit Reference IV.C.3.c: Prohibit, through an ordinance, local law or other regulatoiy mechanism, illicit discharges into the MS4. The MS4s haveuntil vear 5 to comnlete the local law work. See the instructions for information about completing this section.Does the MS4 have the legal authority to enact ordinances, local laws orother reeulatorv mechanisms?No (go to ADDENDUM 1)X Yes (complete questions below)1) When was this assessment completed or planned to be completed? Theassessment will beDate comoleted:X Not yet completed (proceed to next table)Plan to complete for reporting in vear: 4: X 5.2) Is there an existing ordinance, local law or other regulatory mechanism?X No (go to question 5)Yes3) Does the existing regulatory mechanism prohibit illicit discharges asreauired bv the MS4 Permit?No (amendments needed)Yes4) Does the existing regulatory mechanism include enforcement authontiesand procedures as required by the MS4 Permit?No (amendments needed)YesDevelopment of RegulatoryMechanism (Local Codes)5) When was this work completed or planned to be completed?The Town anticipated a start date of 12/05 for development of a locallaw, with an adoption date of 6/07 as stated in the Notice of Intentsubmitted in 2003, but this activity has not yet been fully undertaken.Date comoleted:X Not yet completed (proceed to next table)Plan to complete work below for reporting in year: 4; X 5.6) If you answered *No' to question 1,2 or 3, what regulatory mechanismor amendments will be adopted to meet the MS4 permit requirements?NYSIDDE Model Law in its entiretySelected NYS IDDE Model Law articles adopted as amendments toexisting code(s) that are equivalent to the NYS IDDE Model LawMS4 will write language equivalent to NYS IDDE Model Law7) If you answered 'No* to question 1,2 or 3, has a list of needed changes tolocal codes been developed for adoption of the regulatory mechanism?NoYes, list the local code(s) that will be changed:8) If the existing regulatory mechanism does not require amendments, whatlanguage is in the mechanism?NYS IDDE Model Law in its entiretySelected NYS IDDE Model Law articles adopted as amendments toexisting code(s) that are equivalent to the NYS IDDE Model LawLanguage equivalent to NYS IDDE Model Law9) What was the date or is the planned date of local law adoption?Date:10) Provide a web address if adopted local law can be found on a web site.Web Address: GP-02-02 Annual Report TablesMunicipality: Town of IthacaMinimum Control Measure 3. Illicit Dischai^e Detection and Elimination (IDDE)Page 6Permit Number: NYR40A 13 4Permit Reference rV.C.3.e: Inform public employees, businesses and thegeneral public of hazards associated with illegal discharges and improperdisposal of waste.• Explain activities and materials used to meet this requirement this year andplanned for next vear• Identify personnel or outside organization conducting activitiesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Tompkins County holds a monthly (except during winter months)household hazardous waste collection program for all County residentsand promotes this service through public outreach and education.OngoingThe Town provides annual safety training for Public Works Facilityemployees that includes training in the handling hazardous materialsand responding to spills.Annual trainingThe Fall 2005 Town newsletter, mailed to Town residents, included anarticle concerning illicit discharge and its detection and prevention.Fall 2005The Tompkins County Stormwater Group will work towards greaterpublic education and outreach on proper disposal of wastes and otherillicit dis.Fall 2006 and beyondAdditional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Explain any changes or additions to the Permit Referenced Activities / Techniques, Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change:333 GP-'" " "^Report TablesMul. .-fown of IthacaMinimum Control Measure 2. Public Involvement/Participation3Permit Number: NYR)Permit Reference IV.C.2.c.iii.: Design and conduct a public involvement /participation program.• Describe activities that the MS4 has/will undertake to provide programaccess to interested individuals and to gather needed input.• Indicate activities planned for next vear.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)The Town provides funding for the Six Mile Creek and Fall CreekVolunteer Monitoring Program.On going activityTompkins County holds a monthly (except during winter months)household hazardous waste collection program for all County residentsand promotes this service through public outreach and education.On going activityThe Town of Ithaca continues to participate on the Stormwater WorkingGroup, which is composed of representatives from MS4's in TompkinsCounty and other organizations concerned with water resource relatedoutreach and public education, such as the Tompkins County Soil andWater Conservation District, Cornell Cooperative Extension, CornellUniversity and The Cayuga Lake Watershed Network.On goingThe Stormwater Working Group partnership continued to identify andplan for ways to increase public involvement in activities related tocontrolling pollution in stormwater runoff (i.e. storm drain stenciling).On goingPermit Reference IV.C.2.a, fi Develop procedures to provide public notice about and access to documents and information in a manner that complieswith state and local public notice requirements. Describe procedures below and state the methods used to publicize the AR public presentation.The Town submitted a press release on 5/2/06 to the local newspaper (Ithaca Journal) to announce the availability of the Annual Reportand invite comments.The annual report is made available to the public on the Town website and photocopies are made available from the Town Clerk.Permit Reference IV.C.2.e: Public presentation of; f: summarv of comments received on; and g: intended response to comments on the SWMPAR.Summarize attendance at the public presentation of the Annual Report. Include number of attendees and who was represented:(The following will be completed after the May 2008 Town Board meeting)Comments on Annual Report MeetingNo public comments received on Annual Report.Comments received. Attach summary of comments and intendedresponses.Date of Annual Report Meeting:Approximate Date ofMeeting Next Year:Additional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities) GP-02-02 Annual Report TablesMunicipality: Town of IthacaMmimum Control Measure 3. Illicit Discharge Detection and Elimination (IDDE)Page 4Permit Number: NYR40A 13 4Permit Reference IV.C.3.a: Develop, implement and enforce a program todetect, identify and eliminate illicit discharges, including illegal dumping, intothe MS4.• Explain the activities and procedures used to meet this requirement thisvear and olanned for next vear.• Revise as vrocedures are undated.• Identify personnel or outside organization conducting the activitiesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Example measurable goals: number of illicit dischargesdetected: number of illicit discharges eliminated.The Town has not yet begun work on developing a local law to addressillicit discharge.Local law development through 2006, with anticipatedadoption in 2007 or early 2008.The Town anticipates working with the Tompkins County StormwaterGroup in the coming year to develop a local law.Review examples of other local laws and programs to addressillicit discharge in 2006 and 2007.Permit Reference IV.C.3.b: Develop and maintain a map showing the locationof all outfalls and the names and location of all waters of the US that receiveHi<:ch;)rge<: from outfalls. Explain activities performed this vear and planned fornext vear. including work on the following IDDE guidance prerequisites:• field verification of outfall locations;• mapping all inter-municipal subsurface conveyances;• delineating storm sewershed; and• developing and retaining MS4 mapping as needed to find the source andidentify illicit discharges. State if maps are in GIS,Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Example measurable goals: percent of outfalls mappedThe Town continues the project of Identifying and mapping the locationsof outfalls using Global Positioning Systems (GPS). The TownEngineering Department is coordinating this effort and has employed aSUNY summer intern to undertake the work.Approximately one-third of the Town's outfalls have beenmapped, with the remainder expected to be mapped duringthe summers of 2006 and 2007. The Town is also assistingother MS4's to locate their outfall locations.333 GP-^Mui»-Permit Number: N\} Report Tablesown of IthacaBWCP - 8 (6«005) Version 1.0 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONPhase n SPDES General Permit for Stormwater Discbarges from Municipal Separate Storm Sewer Systems (MS4s), GP-02-02STORMWATER MANAGEMENT PROGRAM ANNUAL REPORT (SWMPAR) TABLERegulated MS4: Town of Ithaca SPDES Permit Number: NYR20A>Annual Report Table for year ending: March 9, X 2006 (Year 3)2007 (Year 4)2008 (Year 5)Information about how to complete the follow tables is in the instruction section. Please complete the tables electronically, if possible. Send two completedhard conies fan original and a photocopy) of this Annual Report Table, the MCC form and any attachments to the DEC Central Office (MS4 PermitCoordinator, 625 Broadway, Division of Water - 4^ Floor, Albany, NY 12233-3505). DO NOT SUBMIT REPORTS IN THREE-RING BINDERS.Permit Reference IV.C.l.a, b: Plan and conduct an ongoing public educationand outreach program to ensure the reduction of all pollutants of concern instormwater discharges to the maximum extent practicable (MEP).• Explain the program, including activities and materials used• Identify the personnel or outside organization conducting the activity.• Indicate activities nlanned for next vear.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)A public workshop entitled "Erosion and Sediment Control Workshop forContractors" was conducted by NYSDEC and sponsored by theStormwater Coalition of Tompkins County (of which the Town is amember). The session was designed for pubiic officials, contractors, andconsultants, etc. Approximately 134 people were in attendance.Workshop held on March 15,2005.A public workshop entitied "Stormwater Construction Site InspectionWorkshop" was conducted by the NYSDEC and sponsored by theStormwater Coalition of Tompkins. The workshop was geared for codeenforcement officials, municipal engineers, and others, and wasattended by upwards of 40 individuals.Workshop held on April 13, 2006.Development of the "Pledge for Clean Water" website is currently inprogress. This project is coordinated by Corneil Cooperative Extensionand sponsored by the Stormwater Coalition of Tompkins County.Development ongoing, scheduled for release in April or May2006.Tompkins County Planning Department and Soil and WaterConservation District sponsored a public presentation entitledWatershed Assessment for Fall Creek, Salmon Creek, and Cayuga Inlet- An Integrated Approach to Flood Mitigation and Water ResourceManagement. Approximately 35 persons were in attendance.Presentation held on May 19, 2005.Public workshops focusing on septic systems maintenance ("After theWorkshops were held in four different Tompkins County GP-02-02 Municipal Compliance Certification FormMunicipality: Town of IthacaPage2Permit Number: NYR40A134Flush") and water wells ("How Well is Your Water") was sponsored bythe Cayuga Lake Watershed Network and Tompkins County HealthDepartment.municipalities during February - March 2005, and Sept. 2005.Additional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities")The Town continues to maintain a webpage devoted to the topic ofstormwater management with links to the U.S. EPA and MVS DECwebsites.Webpage was developed in 2004 and continues to bemaintained.The Town regularly publishes stormwater related articles in the Town'sbi-annual newsletter. The articles provide different stormwater relatedtopics, and have included stormwater runoff basics, regulatory basics,general homeowner practices to prevent pollution, lawn and gardenoractices. illicit discharae detection, and rain gardens.Newsletter articles pertaining to stormwater have appearedsince the Fall 2003 issue, for a total of 6 articles.Explain any changes or additions to the Permit Referenced Activities / Techniques^ Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change:333 GP-02-02 Municipal Compliance Certification Form Municipality: Townofltiiaca PageS Permit Number: NYR40A134 A ^Section F. Compliance Certification Compliance Assessment - For each of the minimum control measures, indicate below if your program has made steady progress toward full implementation and has achieved all measurable goals scheduled to be completed during this reporting year. Refer to the NOI and prior Annual Reports for information about measurable goals scheduled for this renortine vear. Permit Part Minimum Control Measure ANSWER BOTH COLUMNS FOR THIS REPORT YEAR ONLY Steady Progress Goals Achieved IV.C.l.Public Education and Outreach on Stormwater Impacts X Yes No N/A X Yes No N/A Explain *no' / *N/A' answer: IV.C.2.Public Involvement / Participation X Yes No N/A X Yes No N/A Explain *no' / *N/A' answer: IV.C.3.Illicit Discharge Detection and Elimination X Yes No N/A Yes X No N/A Explain *no' / 'N/A' answer: The Town has not yet completed the outfall mapping project The Town has not yet Initiated an Illicit Discharge Detection Program, nor adopted a local law, nor developed a program for training employees in illicit discharge detection and response. The Town, in cooperation with the Stormwater Coalition, intends to make progress on these activities in the 2007 reporting year. IV.C.4.Construction Site Stormwater Runoff Control X Yes No N/A Yes X No N/A ( Explain *no' / *N/A' answer: The Town continues to make progress on the goal of adopting a local law to address construction site stormwater runoff control and erosion control. IV.C.5.Post-Construction Stormwater Management X Yes No N/A Yes X No N/A Explain *no' / 'N/A' answer: The Town continues to make progress on the goal of adopting a local law to address control of post-construction site stormwater runoff (and address both water quantity and water quality treatment). IV.C.6.Pollution Prevention / Good Housekeeping for Municipal Operations X Yes No N/A ^Yes X No N/A Explain *no' / *N/A' answer: The Town continues to make progress on preventing discharges of pollutants from municipal operations and conducting employee pollution prevention training. Progress continues in formal development of an operation and maintenance program to reduce pollutant runoff. I \ I \ GP-02-02 Municipal Compliance Certification Form Municipality: Town of Ithaca Page6 Permit Number. NYR40A134 ( ^Certification statement ,„„j„nntMrhments were prepared undermy direction or supervision in"I certify under penalty of ^l that this ( "S for knowing violations.*^ Print Name: Signature: Title: Date: This foim must be signed by either a infonnation about representative of that person as descnbed m Part VI.I.2. ot tne permit, oec who can sign this form. ter&folcoSjKMSd ^^t''S B^dwi^fDi^KwIS'! ?! Floor, S^MTT REP»°T« IN three-ring binders. GP-02-02 Municipal Compliance Certification Form Page3 ^ Municipality: Town of Ithaca Permit Number: NYR40A134 f N Section C. Partnership Information Information to help complete this section can be fotmd in the instructions. 1. Does your MS4 work with partners? X Yes (complete table below) No (Proceed to Section D) List MS4 Partners with Legally Binding Agreements or Contracts in Place The Tompkins County Stormwater Coalition including the Towns of: Lansing, Dryden, Danby, Caroline, Newfield, and the City of Ithaca, the Village of Lansing, and Tompkins County. (A legally binding agreement is currently under review by all of the above municipalities and expected to be signed soon. However, these municipalities essentially have binding contracts together via their collective participation in the WQIP grant funding program.) List MS4 Partners with Planned Legally Binding Agreements or Contracts List MS4 Partners with Other Agreements in Place The Tompkins County Stormwater Coalition also partners with the following organizations: Tompkins County Soil and Water, Cornell Cooperative Extension, Cayuga Lake Watershed Network, and Cayuga ^ Lake Watershed Intermunicipal Organization. / ) / \ Section D. Geographic Areas Addressed by Stormwater Management Program (SWMP) Information to help complete this section can be found in the instroctions. 1. Does your SWMP cover all jurisdictional (automatic and additionally designated) areas within the MS4, as required by 40 CFR 122.32(a)? JL Yes No (Explain below) Explain: The SWMP will extend to the municipal boundaries. / \ f \ GP-02-02 Municipal Compliance Certification Form Municipality: Town of Ithaca Page4 Permit Number NYR40A134 Section E. Funding and Resource Allocation Information to help complete this section can be found in the instructions. 1. Are adequate resources (funding mechanism, equipment, staff, etc.) planned or in place to fully implement your SWMP no later than Januaiy 8,2008? Yes X No (explain below) Explain: The Town will plan for adequate resources and expects to have a funding mechanism in place by 2008. 2. If the MS4 is receiving funding through the municipal budget, a grant, or other source, briefly explain below: what are the sources, estimated amounts, and frequency of funding for the MS4? Explain: Water Quality Improvement Project Grant - Round 6, for education and outreach programs, and for outfall mapping ($175,000 total awarded to the Stormwater Coalition of Tompkins County). Water Quality Improvement Project Grant - Round 7, for development of local laws and developing MS4s funding mechanism for implementation of their Stormwater Management Plan ($100,000 total for Stormwater Coalition). State Water Quality Mini Grant - $45,000 total awarded to the Tompkins County Water Resource Council for MS4's stormwater Gap Analysis and other projects. 3. If the MS4 is not receiving funding, briefly explain below: plans the MS4 has for obtaining future funding? Explain:i > ' \ f \ GP-0" Report Tables \ \Munu,... ,. iwn of Ithaca Permit Number: NYR4 fMinimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;Stormwater System Maintenance; ^Vehicle and Fleet Maintenance; Park and Open Space Maintenance; J^Municipal Building Maintenance;Solid Waste Management; Other:Copy this page and give it to each municipal office or department responsible for reporting.Put an 'X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Refereuce IV.C.6.a, c: Develop and implement an operation andmaintenance program to reduce and prevent pollutant discharges from themunicipal operation(s) indicated above to the MEP.Describe how the bulleted items below focus on pollutants addressed by themunicival oollution prevention program and the pollution prevention priorities.• Briefly describe or reference any existing policies andprocedures• Briefly describe or reference any policies and procedures being developedInformal procedures are currently in place.No plans for formalizing procedures.• Briefly describe or reference any existing best management practicesBriefly describe or reference any planned best management practicesTown's fuel is stored in a containment area, in area separate from thePublic Works facility building.Storage tanks containing oil and antifreeze are housed in a containmentarea, a separate room within the Public Works Facility.The Town collects brush and leaves from residential properties andcomposts these at the Public Works Facility for public distribution.Identify and describe the equipment and staffthat are in placeSee Vehicle and Fleet Maintenance for this informationDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)ENTER INFORMATION IN THIS CELLOngoingOngoingOngoing GP-02-02 Annual Report TablesMunicipality: Town of IthacaPage 24Permit Number: NYR40A 1 3 4Minimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;Stormwater System Maintenance; ^Vehicle and Fleet Maintenance; Park and Open Space Maintenance; J^Municipal Building Maintenance;Solid Waste Management; Other:^ ^• Copy this page and give it to each municipal office or department responsible for reporting.• Put an 'X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (forPermit Reference IV.C.6.a, c (continued): Develop and implement an operationand maintenance program to reduce and prevent pollutant discharges frommunicipal operations to the MEP.• Assess ifexisting programs adequately reduce and/or prevent pollutantdischarges• Determine and list any operation type, location orfacility that is inneed of modification or updates.Current programs appear adequate.next years activities)DO NOT ENTER INFORMATION IN THIS CELLPermit Reference IV.C.6.a: If there is a training component for staff specificto these municipal operations:• explain the activities and materials:• identify the personnel or outside organization conducting the activities.No formal training through class or workshops, but instead staff isprovided with hands-on training and direction from supervisors.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Additional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Explain any changes or additions to the Permit Referenced Activities / Techniques, Measurable Goals and / or Scheduled Dates above and providea reason(s) for the change: GP-02-''MunkReport Tableslivn of IthacaPagePermit Number: NYR4fDO NOTENTER INFORMATION IN THIS CELLMinimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;Stormwater System Maintenance; ^Vehicle and Fleet Maintenance; X Park and Open Space Maintenance; Municipal Building Maintenance;Solid Waste Management; Other: -• Copy this page and give it to each municipal office or department responsible for reporting.• Put an *X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c: Develop and implement an operation and Describe Measurable Goals and Results (when applicable)maintenance program to reduce and prevent pollutant discharges from the Indicate: Date Completed, Ongoing Task, or Scheduled Date (formunicipal operation(s) indicated above to the MEP. next years activities)• Describe how the bulleted items below focus on pollutants addressed by themunicipal pollution prevention program and the pollution preventionpriorities.• Briefly describe or reference any existing policies and procedures• Briefly describe or reference any policies and procedures being developedInformal procedures are currently In place.No plans for formalizing procedures at this time.• Briefly describe or reference any existing best management practices• Briefly describe or reference any planned best management practicesPublic Works facility employees do not use non-organic herbicides(organic on limited basis). Pesticides are used minimally as necessary(ie. to eliminate wasps/hornets from play structures).Public Works facility employees survey plants for pests on plants duringregular maintenance, with pests removed by hand or vegetation trimmedas needed.The Town has an aggressive tree and vegetation planting program.Many town projects now incorporate a planting component, in whichnative species are often used."Mutt-mitts" are provided in Town parks to encourage pet owners toremove pet wastes.The Town uses slow release lawn fertilizers in parks. New lawns aregiven a starter fertilizer and existing lawns are applied maintenancefertilizer once a year.• Identify and describe the equipment and staffthat are in placeSee Vehicle and Fleet Maintenance for this information. GP-02-02 Annual Report TablesMunicipality: Town of Ithaca Permit Number: NYR40A i3_4Minimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;Stormwater System Maintenance; ^Vehicle and Fleet Maintenance; X Park and Open Space Maintenance; ^Municipal Building Maintenance;Solid Waste Management; Other:• Copy this page and give it to each municipal office or department responsible for reporting.• Put an 'X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c (continued): Develop and implement an operationand maintenance program to reduce and prevent pollutant discharges frommunicipal operations to the MEP.• .^455655 if existing programs adequately reduce and/or prevent pollutantdischarges• Determine and list any operation type, location orfacility that is in need ofmodification or updates.Current proqrams appear adequate.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)DO NOT ENTER INFORMATION IN THIS 0Permit Reference IV.C.6.a: If there is a training component for staff specificto these municipal operations:• explain the activities and materials;• identify the personnel or outside organization conducting the activities.No formal training through class or workshops, but instead staff isrovided with hands-on training and direction from supervisors.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)OngoingAdditional Techniques Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Explain any changes or additions to the Permit Referenced Activities / Techniques, Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change: leport TablesIwn of IthacaPage 19Permit Number: NYR4DO NOT ENTER INFORMATION IN XlilS CELLMinimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;Stormwater System Maintenance; X Vehicle and Fleet Maintenance; Park and Open Space Maintenance; ^Municipal Building Maintenance;Solid Waste Management; ^Other:^• Copy this page and give it to each municipal office or department responsible for reporting.• Put an 'X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c: Develop and implement an operation and Describe Measurable Goals and Results (when applicable)maintenance program to reduce and prevent pollutant discharges from the Indicate: Date Completed, Ongoing Task, or Scheduled Date (formunicipal operation(s) indicated above to the MEP. next years activities)• Describe how the bulleted items belowfocus on pollutants addressed by themunicipal pollution prevention program and the pollution preventionpriorities.• Briefly describe or reference any existing policies andprocedures• Briefly describe or reference any policies and procedures being developedInformal procedures are currently in place.No plans for formalizing procedures.• Briefly describe or reference any existing best management practices• Briefly describe or reference any planned best management practicesAll vehicle maintenance and vehicle washing is done indoors, In thePublic Work Facility, where all drains go through oil separators beforebeing directed into the sanitary sewer system. The Public Works Facilitywas upgraded with these features in 2003.All used oil and other fluids are collected in a container that is equippedwith an overflow preventer. The Town has all used fluids picked-up by arecycler.Absorbent pad are used to collect any spilled or leaking fluids whenvehicles need to be repaired in the field.• Identify and describe the equipment and staffthat are in placeiVarious motorized equipment is used by the Town, for a total ofapproximately 74, including vehicles, trailers, generators, tow-behind,mowers, utility tractors, etc. The Public Works Facility and Town Hallhave approximately 50 employees, most of who can utilize Townvehicles.»0 NOT ENTER INFORMATION IN THIS CELLOngoingOngoingOngoingr GP-02-02 Annual Report Tables 20Municipality: Town of Ithaca Permit Number: NYR40A 1 3 4Minimum Control Measure 6. Municipal Operations: Street and Bridge Maintenance; Winter Road Maintenance;Stormwater System Maintenance; X Vehicle and Fleet Maintenance; Park and Open Space Maintenance; Municipal Building Maintenance;Solid Waste Management; Other:• Copy this page and give it to each municipal office or department responsible for reporting.• Put an 'X' in front of each municipal operation type addressed by the Municipal Pollution Prevention/Good Housekeeping Program in that office or department.• Refer to the Municipal Pollution Prevention / Good Housekeeping Assistance document for example best management practices, policies and procedures.• Use separate rows to explain the different processes, activities, procedures, practices, etc. used by the MS4. Add additional rows as needed.Permit Reference IV.C.6.a, c (continued): Develop and implement an operationand maintenance program to reduce and prevent pollutant discharges frommunicipal operations to the MEP.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)• Assess ifexisting programs adequately reduce and/or prevent pollutantdischarges• Determine and list any operation type, location orfacility that is in need ofmodification or updates.1 DO NOT ENTER INFORMATION-IN THIS GEL^ 1W. iThe upgrades to the Public Works Facility in 2003, with its improved oilseparators and floor drains that direct wash runoff into sanitary sewersystem has reduced pollutant discharge.OngoingNo additional upgrades are planned at this time, 2003 upgrades appearadequate.Permit Reference IV.C.6.a: If there is a training component for staff specificto these municipal operations:• explain the activities and materials:• identify the personnel or outside organization conducting the activities.Describe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)No formal training through class or workshops, but instead staff isprovided with hands-on tralninq and direction from supervisors.OngoingAdditional TechniquesDescribe Measurable Goals and Results (when applicable)Indicate: Date Completed, Ongoing Task, or Scheduled Date (fornext years activities)Explain any changes or additions to the Permit Referenced Activities / Techniques, Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change: GP-0' Report Tables \ Permit Number: NYR ^iTimt.Explain any changes or additions to the Permit Referenced Activities / Techniques, Measurable Goals and / or Scheduled Dates above andprovide a reason(s) for the change:Did you include any of the following documents as appendices? Put a mark each appended document.Summary of public comments received on the annual report at the public presentation (Required)Intended response to comments on the aimual report (Required)Results of information collected and analyzed, including monitoring data; evaluation of assessment (modeling) of pollutant discharges,including modeling results and pollutant transport trends.Other May 8, 2006 Town Board Meeting ATTACHMENT #3 T I rayAJ NEW YORK STATE DEPARTMENT OF STATEOC Ul JLUVV r U 41 STATE STREET, ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. xm&m f ITHACA Town Local Law No of the year 20.-QS A local law..AMMmNG .CMPTm. 1M..PF..THE .TpTO„P.F (liuert Tide) "NOISE;j..TO.REyiSE._T_HE_Py^^^ PROHIBITION AGAINST UNREASONABLE NOISE, AND RE sources.,,. PERMITS,___A?^^ Be It enacted by the —.TQWH-JEIOARD. of the (Neme ofLegiiladvt Body) of -.ITHApA as follows: Town I \ SEE ATTACHED PAGES 1-9 DOS-239 (Rev. 11/99) (If additional space Is needed, attach pages the same size as this sheet, and number each.) (1) TOWN OF ITHACA r 1 LOCAL LAW NO. 8 OF TME YEAR 2006 A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE TITLED "NOISE" TO REVISE PURPOSE AND DEFINITIONS, ADD PROHIBITION AGAINST UNREASONABLE NOISE, AND REVISE NOISE SOURCES, PERMITS, AND VIOLATION AND PENALTY PROVISIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The text of Chapter 184 of the Town of Ithaca Code titled "Noise" is hereby deleted in its entirety and replaced by the following text: Chapter 184 NOISE ARTICLE I General Provisions § 184-1. Title. f § 184-2. Applicability. f § 184-3. Purpose. § 184-4. Definitions. § 184-5. Unreasonable noise prohibited. ARTICLE II Unlawful Noise Sources § 184-6. Purpose of Article II. § 184-7. Radios, television sets and other sound-producing or-amplifying devices. § 184-8. Construction and other machinery. § 184-9. Parties and other social or fundraising events or gatherings. § 184-10. Animals. ARTICLE III Permits § 184-11. AMthorizatiom for permit. §184-12. Permit procedure. ARTICLE IV Violation and Penalty § 184-13. Enforcement of violations. § 184-14. Penalties for violations. § 184-15. Liability of owner. ARTICLE I General Provisions §184-1. Title. ' 1 I \ This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance" whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as "this chapter." § 184-2. Applicability. This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights. § 184-3. Purpose. The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare, safety and good order by suppressing the making, creation, or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place, and use or which are detrimental to the environment. § 184-4. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: I ] ' } I t ADULT PERSON — A person who is at least 16 years old. DAYTIME HOURS — The hours beginning at 7:00 a.m. local time on any day, and ending at 9:00 p.m. local time. EMERGENCY WORK — Work made necessary to restore property to a safe condition following a public calamity, or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND ~ A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES — Includes, but is not limited to, automobiles, trucks, buses, mopeds, minibikes, and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS — The hours beginning at 9:01 p.m. local time on any day and ending at 6:59 a.m. local time on the following day. PERSON — Includes the singular and plural and also any individual, any property owner and/or lessee, any firm, corporation, political subdivision, ^,0^ government agency, association or organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof, or any legal entity whatsoever.f : ^ I ' RESIDENTIAL ZONE — A Conservation, Agricultural, Lakefront Residential, Low Density Residential, Medium Density Residential, High Density Residential, Mobile Home Park, Multiple Residence, Neighborhood Commercial, or Community Commercial ^ne, as defined in the Town of Ithaca Zoning Ordinance. "Residential Zone" also includes any special land use district or planned development zone defined by such ordinance wherein one of the principal land users is residential. Should such ordinance be amended or replaced and by so doing adds additional zones or differently denominated zones, "residence zones" shall mean those zones determined under such ordinance or any successor statute wherein the predominant intended land use is either residential or agricultural. SOUND-AMPLIFYING EQUIPMENT — Any machine or device for the amplification of the human voice, instrumental music, or any other sound. Sound- amplifying equipment shall not include standard automobile sound systems when used and heard only by the occupants of the motor vehicle in which such automobile sound system is installed. As used in this chapter, sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes, or authorized fire horns or other authorized emergency alarms. TOWN — All of the Town of Ithaca exclusive of the portion of the Town within , ^ the incorporated Village of Cayuga Heights. ^ UNREASONABLE NOISE — Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damages to property or business. § 184-5. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in this section, factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) The duration of the noise. (3) The intensity of the background noise, if any. (4) The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the sound. (5) The time of the day or night the noise occurs. (6) The proximity of the noise to sleeping facilities. (7) Whether the noise is continuous or impulsive. (8) The existence of complaints concerning the noise from one or more persons who are affected by the noise. (9) Whether the nature of the noise is usual or imusual. (10) Whether the noise is due to a natural or a human-made activity. < \ I \ ARTICLE II Umlawfiml Noise Soaarces § 184-6. Purpose of Article II. The provisions of Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. § 184-7. Radios, television sets and other sound-producing or -amplifying devices. A. It shall be unlawful for any person within any Residential Zone, or within 500 feet of a Residential Zone, to use or to operate any radio or receiving set, musical instrument (including drums), phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety of members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the , source of such sound. B. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" ishall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article IE of this chapter, a "person" shall include the person or persons who are listed on the permit. § 184-8. Construction and other machinery. A. During the nighttime hours as defined in Article I, § 184-4 herein, it shsill be unlawful for any person within a Residential Zone, or within 500 feet of a Residential Zone, to operate or cause to be operated any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric drill, front-loaded garbage collection vehicles performing commercial pickups, or other commercial industrial equipment, except to perform ^ ^ emergency work. i B. If any domestic power or hand tool, including but not limited to mechanically powered saws, sanders, grinders, and lawn and garden tools, or air conditioner, is operated during nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. Side- and rear-loaded garbage collection vehicles, and garbage collection vehicles that do not have compactors, may be operated for residential pickup beginning at 6:00 a.m. local time as long as they do not create noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. C. The provisions of this section shall not apply to lawful farm operations on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. § 184-9. Parties and other social or fundraising events or gatherings. A. It shall be unlawful for any person in charge of a party or other social or fundraising event or gathering that occurs on any private or public property to allow that event to produce noise in a loud, annoying, or offensive manner, or recklessly create the risk thereof, such that noise from the event interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound. It shall also be unlawful for any participant in that event to contribute to such noise. B. For the purposes of this section, a "person in charge of a party or other social or fundraising event or gathering": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. ^ \ * \ (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in subsection A or B above. § 184-10. Animals. Any person who owns, harbors, or is the custodian of a dog in the Town of Ithaca is subject to the noise and other requirements in Chapter 112 of the Town of Ithaca Code, titled "Animals," and upon violation thereof shall be subject to the penalties set forth in that chapter. ARTICLE III Permits § 184-11. Authorization for permit. Where the enforcement of this chapter would create an unnecessary hardship, the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this chapter. Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. § 184-12. Permit procedure. A. An application for such a permit shall be filed with the Town Clerk no less than 45 days before the anticipated need and shall provide the following information: (1) Name of applicant. (2) The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. (3) The reasons for such usage. (4) Plans and specifications of the use. (5) Noise abatement and control methods to be used. ^ (6) Time schedule. ^ (7) Demonstration why applicant cannot conform to this chapter. (8) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. (9) For events that are not community-wide or public events, proof must be provided that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given. The notification shall state that any person objecting to the granting of such permit may contact the Town Clerk to express his/her opposition to the granting of the permit. B. A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might , ^ occur by the exercise of the privileges granted by the permit. Any permit i issued shall state that the permit only applies to this chapter, and that § ^ 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:... he makes unreasonable noise." If a permit is issued, a copy of the permit stipulating any and all conditions imposed by the Town Board shall be furnished to the Tompkins County Sheriff s Department by the Town Clerk, simultaneously upon the issuance of the permit to the applicant. ARTICLE IV Violation and Penalty § 184-13. Enforcement of violations. Enforcement may be facilitated by, but shall not be dependent upon, complaint by a resident of the Town to a Town code enforcement officer or county or other law enforcement officer. Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with any violation of this chapter. J \ A. A violation of this chapter is hereby declared to be an offense, with conviction of a first offense punishable by a fine of up to five hundred dollars ($500.00) or imprisonment not to exceed fifteen days, or both. For conviction of a second or subsequent offense which was committed within a period of five years from the commission of the prior offense, a violator shall be subject to a fine of up to one thousand dollars ($1,000.00) or imprisonment not to exceed fifteen days, or both. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. B. In addition, persons who violate this chapter shall be liable for a civil penalty of five hundred dollars ($500.00) for a first violation and one thousand dollars ($1,000.00) for a second or subsequent violation which was committed within a period of five years from the commission of the prior violation. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. § 184-15. Liability of owner. The owner of any real property (except public highways, and other publicly owned facilities) from which sounds prohibited by this chapter emanate shall be guilty of a violation of this chapter, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. Section 2. This local law shall apply to all violations committed on or after the effective date of this law. Violations committed before the effective date of this law that are being prosecuted in a court proceeding as of the effective date shall be governed by the provisions of Chapter 184 that were in effect immediately prior to the effective date. Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. S. (Cig;y flocai law cosacermiiiiag Charter revtsioHn proposed by petltSoHi,) ''^'^reby certify that the local law annexed hereto, designated as local law No of 20— he City of having been submitted to referendum pursuant to the provisions of • ion (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of thedfied electors of such city voting thereon at the (special)(general) election held on 20 , became operative. ' 6. (Coumty local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 ® of - - State of New York, having been submitted to the electorsat the General Election of November 20—., pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same IS a correct transcript therefrom and of the whole of such original local law^jjoiLwas-finaUy adopted in the manner in dicated in paragraph 1. , above. ^ J UJ1_: Clerk of the County legislative body, Ct^, 'Rwn orX^iJlage Clerk or officer designated by local legisIativeDody Date:—i:- VZ- (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attornev or other authorized attorney of locality.) STATE OF NEW YORK rnrnaxvn. TOMPKINS the undereiped, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been hador taken for the enactment ofthe local law annexed hereto. r r r 6- Signature -Gir- \ Title _ Town ..f ITHACA Date: | U / PL (3) May 8, 2006 Town Board Meeting ATTACHMENT #4 Town of Ithaca Noise Ordinance Public Hearing Remarks by Ithaca College I am speaking on behalf of Ithaca College to give our institutional support to the proposed revisions to the Town of Ithaca noise ordinance. We believe that the vast majority of our students do recognize how to be good citizens and do not intend to infringe upon the rights of their neighbors to enjoy their homes and properties in peace. At the same time, we acknowledge that there are some who have not yet learned to appreciate that their gatherings—^primarily on and around Pennsylvania and Kendall Avenues—can become excessively loud, and cause undue disturbances for surrounding residents. Just as the College holds students who live on campus accountable when they violate our Student Conduct Code, those who live off campus in the Town of Ithaca should be held accountable by the town when they violate its ordinances. The College believes that the proposed revisions to the noise ordinance will help deter undue noisemaking, and for those who are not deterred, it provides for appropriate consequences. The similar noise ordinance enacted in the City of Ithaca last year appears to have helped lessen the negative impacts of large student parties, and we would expect a similar result for the town. Ithaca College, meanwhile, will continue to educate our students about their responsibilities in ensuring a respectful and civil atmosphere in our shared community. We have been pleased to meet with organizations such as the Neighbors of Ithaca College and South Hill Civic Association to discuss areas of concern and cooperation. Through the IC/Community Workgroup—which includes representatives from the College along with local residents and town and city officials—we will maintain our efforts to help improve the comfort level for everyone who calls South Hill their home. May 8, 2006 Town Board Meeting ATTACHMENT #5 □□□□□□□Town Assigned Project ID Number S Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY ART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Townwide Tax Parcel Number: N/A 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Town Code) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law amending Chapter 184 of the Town of Ithaca Code Titled "Noise". The proposed local law would add certain definitions to the law and add provisions regarding the prohibition of unreasonable noise (Section 184-5), regulationsregarding parties and other social or fimdraising events or gatherings (Section 184-9), noise created by animals (Section 184-10), and more explicit and stringent provisions regarding violations and penalties (Section 184-13 and 184-14). ^ (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected: N/A (Townwide) dtlally (0-5yrs) Acres (6-lOyrs) (>10 yrs) Acres . How is land zoned presently? N/A (Townwide) 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: N/A 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor. Town of Ithaca Signature and Date: PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. The purpose of the amendment is to provide more specific controls over unreasonable noise, which will help to preserve public health and the general qualities of the community. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None anticipated (see Cl above). C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town^s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. ^Ji^CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None anticipated. Cl. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X CB other attached. (Check as applicable.) PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Catherine Valentino. Supervisor -^•"ame & title of Responsible Officer In Lead Agency VA^ Prepaier's Signature(If different from Responsible Officer) Signature of Contributing Preparer DATE" May 8, 2006 gnature of Responsible Officer in Lead Agency May 8, 2006 Town Board Meeting ATTACHMENT #6 DRAFT Agenda Item #9 Attachment MEMORANDUM OF AGREEMENT TO CREATE THE STORMWATER COALITION OF TOMPKINS COUNTY (Version Proposed by the Attorney for the Town of Ithaca 4/6/06) WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the Phase II stormwater regulations (regiilations) in 1999 diat require owners and operators of small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge stormwater to the waters of the U.S.; and WHEREAS, the EPA requires MS4s in New York State to obtain permit coverage under the New York State Pollutant Discharge and Elimination System (SPDES) General Permit for Stormwater Discharges from MS4s (GP-02-02); and WHEREAS, to maintain coverage under GP-02-02, regulated MS4s must prepare and implement a stormwater management program that includes the six minimum control measures as described in GP-02-02, or demonstrate that the program provides at least equivalent protection; and WHEREAS, the MS4s in Tompkins County receiving GP-02-02 coverage have been meeting since October 2003 to identify common elements and collaborate on the implementation of dieir stormwater management plans, and WHEREAS, by working collaboratively and cooperatively to meet the requirements of GP-02- 02, MS4s can make more efhcient use of resources allocated to meet the requirements of GP-02- 02; and WHEREAS, Article 5-G of the New York State General Municipal Law authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis; and WHEREAS, this Memorandum of Agreement (Agreement) among the regulated MS4s will create the Stormwater Coalition of Tompkins County (Coalition); and WHEREAS, the members of the Coalition will work collectively to meet the requirements of the U.S. EPA Phase II stormwater regulations (40 C.F.R. Sections 122 and 123) and the New York State Department of Environmental Conservation's (NYSDEC) SPDES General Permit for Stormwater Discharges from MS4s (GP-02-02), and any amendments thereto; NOW, THEREFORE BE IT RESOLVED, that in consideration of the mutual covenants and agreements hereinafter set forth, members of the Coalition agree as follows: 1. TERM. The term of this agreement shall commence on the date of signature [clarify—on the date it is fully executed?] and terminate on March 31,2008, so as to coincide with the tenns of GP-02-02, unless otherwise extended, renewed, or ^ revised by a writing signed by all parties, except nothing herein shall authorize more than a five (5) year term for any initial or renewal term of this agreement. \ DRAFT Agenda Item #9 Attachment 2. PURPOSE. The purpose of the Coalition is to: A. Exchange information and foster coopemtion among MS4s to assist MS4s in complying with the EPA Phase II stormwater regulations; B. Facilitate the use of resources to assist MS4s in meeting the requirements of the U.S. EPA Phase II stormwater regulations and the permit conditions of GP-02-02 issued bytheNYSDEC; C. Identify funding mechanisms to meet the financial needs of complying with the Phase n Stormwater regulations and GP-02-02; D. Protect and/or improve local water quality in accordance with Federal, State, Coimty, and local water quality regulations, planning documents and policies; and, E. Facilitate consistency of stormwater management and regulations across municipal boundaries. 3. MEMBERSHIP A. The members of the Coalition shall be the municipal corporations that are signatories to this agreement. B. Each member shall designate a representative and one or more altemates to serve on the Coalition. These representatives will act on behalf of the Coalition members on matters such as facilitating the payment of the annual membership fee, making decisions about financial matters related to the activities of the Coalition within the parameters set out in this agreement, and other administrative matters. C. The Coalition may admit non-permitted MS4s and municipalities ^ members at the discretion of the Coalition so long as these members agree to undertake all rights and responsibilities included in this Agreement and sign this agreement, and further conditioned upon payment of the fiill annual membership fee for that calendar year. D. The Coalition may also approve ex officio non-voting representatives of agencies that provide technical or advisory assistance to the MS4s in meeting these regulations. E. The Coalition shall adopt by-laws relating to the conduct of its proceedings and such other administrative matters as it may deem appropriate. 4. FINANCIAL OBLIGATION A. Each MS4 Coalition member shall pay an aimual membership fee, which will be used to help fulfill the requirements of GP-02-02, such as training, grant applications, and other activities consistent with those listed under Section 2 above. The initial fee schedule is detailed in the "Proposal to Fund the Tompkins County Stormwater Working Group in 2006 (approved by the Stormwater Working Group on August 24, 2005)", which is attached as Exhibit A. Future fee schedules shall be proposed by the Coalition pursuant to the by-laws for the Coalition and shall be approved by the members. B. The Coalition shall submit an invoice for the fee to each Coalition member annually. C. The Coalition shall designate and authorize the fiscal officer of one of its members to hold and manage separate accounts on behalf of the Coalition, where the annual fees and other funds shall be deposited. These accounts shall be created explicitly for the use of the Coalition. Such designation shall be reviewed and re-authorized on an ' \ annual basis. ' f i I \ May 8, 2006 Town Board Meeting ATTACHMENT §7 draft TOWN OF ITHACA ^^^1 LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES Be it enacted by the Town Board of the Town of Ithaca as follows; Section 1. Section 270-5 of the Town of Ithaca Code, entitled "Definitions,' is amended by making the following changes to the definition of HOSPITAL: adding the word "overnight" before the word "occupation striking the word "the before the words sick or injured" and adding the word "persons" after the words "sick or injured", so that the definition reads as follows: "HOSPITAL - An establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes." Section 2. Article V (Conservation Zones), Section 270-12 of the Town of Ithaca Code, entitled "Principal uses authorized by special permit only," is amended by adding the word "hospital" after the words "nursery school" in subparagraph B, so that this subparagraph reads as follows: "B. Public, parochial and private schools, public library, public museum, day-c^e center, nursery school, hospital, and any institution of higher learning including dormitory accommodations." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Tovvn, or upon its filing with the New York Secretary of State, whichever is the last to occur. DRAFT Agenda Item #9 Attachment D. The Coalition's budget shall be approved by the members. The fiscal officer of the member widi custody of the Coalition's funds shall be authorized to make expenditures on audit pursuant to the procedures of the member of which he or she is the fiscal officer. E. The Coalition shall not incur any financial obligations in excess of the funds available to the Coalition. F. Any Coalition member may withdraw fi:om this Agreement upon adoption of a resolution by its legislative body and upon 60 days written notice to the full membership of the Coalition. G. [Add procedure to remove a member that is arrears in payment of fees?] 5. TERMS AND CONDITIONS A. This Agreement may be modified or amended only by a writing duly executed by all Coalition members. B. Each Coalition member shall be solely responsible and liable for its own activities under this Agreement, for obtaining and maintaining its permit coverage under the SPDES General Permit for Stormwater Discharges fi-om MS4s (GP-02-02), and for the preparation, implementation, operation and maintenance of its own stormwater management program including, but not limited to, the required minimum control measures. 6. MISCELLANEOUS A. This Agreement constitutes the entire Agreement among and between the Coalition * members and supersedes any and all prior Agreements between the parties hereto for the services herein to be provided. Tlie Agreement shall be governed by and construed in accordance with the laws of New York State. B. If any provision, paragraph, sentence, or clause of this agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remainder of this Agreement and tWs Agreement shall be construed and enforced, consistent with its expressed purposes, as if such invalid and unenforceable provision, paragraph, sentence, or clause had not been contained herein. C. If any member withdraws firom the agreement pursuant to Section 4 above, the Agreement remains binding for remaining members. D. Each Coalition member represents and warrants to the Coalition, and to the other Coalition members, that it has been fully authorized to execute and to perform this Agreement, and that its execution and performance of this Agreement will not violate any legal duty or restriction. 7. EXECUTION IN WITNESS WHEREOF, this Agreement is signed by the duly authorized representatives of the regulated MS4s on the date written below. Tompkins County Town of Caroline Name: Name: Title: Title: Signature: Signature: DRAFT Agenda Item #9 Attachment Date:Date: Town of Dryden Name: Title: Signature: Date: Town of Ithaca Name: Title: Signature: Date: Town of Lansing Name: Title: Signature: Date: Town of Newfield Name: Title: Signature: Date: Town of Ulysses Name: Title: Signature: Date: City of Ithaca Name: Title: Signature: Date: Village of Cayuga Heights Name: Title: Signature: Date: Village of Lansing Name: Title: Signature: Date: / \ May 8, 2006 Town Board Meeting ATTACHMENT #8 CERTIFICATE & CONSENT The undersigned Fred Noteboom, Town Superintendent of Highways of the Town of Ithaca, County of Tompkins, New York, hereby certifies; That the highway in said Town of Ithaca, known and described as a portion of the former Ithaca - Owego Turnpike, and which portion of said Ithaca - Owego Turnpike is more particularly described on Schedule A annexed hereto, has not been traveled or used as a highway for six or more years prior to the date of this Certificate and said highway is hereby declared abandoned pursuant to § 205 of the Highway Law as a highway and a public right of way. In Witness Whereof the undersigned Town Superintendent of Highways, Fred Noteboom, has executed and the undersigned members of the Town Board of said Town, constituting a majority of said Board, have consented to this Certificate and the filing and recording thereof. Dated: Ithaca, New York , 2006 Fred Noteboom, Town Superintendent of Highways of the Town of Ithaca, , Tompkins County, New York Catherine Valentino, Town Supervisor Members of the Town Board of the Town of Ithaca, County of Tompkins, New York Filed and recorded in the Town Clerk's Office of the Town of Ithaca, County of Tompkins, New York this day of , 2006, Tee-Ann Hunter, Town Clerk SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County, New York, bounded and described as follows: COMMENCING at a point marking the southwest comer of premises conveyed to James E. Warren and Bonnie S. Warren, by deed dated the 13*^ day of July, 2005, recorded in the Tompkins County Clerk's Office as Instmment #475703-001; mnning thence North 88° 56' 42" West a distance of 53 feet, more or less, to the west boundary of Blmira Road (NYS Routes 13/34/96), appropriated by New York State by instrument recorded in said Clerk's Office in Book 252 of Deeds at page 63; mnning thence northerly along the west boundary line of the NYS highway, a distance of 284 feet, more or less, to its intersection with the south boundary line of premises conveyed to Eddy (Book 607 of Deeds at Page 869); mnmng thence South 77° 23' 20" East along the south line of premises conveyed to Eddy, a distance of 50 feet, more or less, to a point marking the northwest comer of premises conveyed to Warren (Instmment No. 475703- 001); mnning thence South 18° 10' 57" West along the east line of premises conveyed to Warren, a distance of 273.30 feet to the point or place of beginning. For a more particular description of the above-described premises, reference is made to "Survey Map Showing Lands to be Conveyed to James E. Warren and Bonnie S. Warren, Town of Ithaca, Tompkins County, New York", dated June 24, 2005, a copy of which is recorded in the Tompkins County Clerk's Office in Drawer ACHC, 166. )))3JLUV> REFEREKCB.-suivD* tttT smims a rainxw or lands of johna OAMDCK aua> i/^teo ar r.a utUA p.c3} sueoMsm imp Noutt /eumi mmd - ms hie *«M * 98 cwns 3/30/2000 AND AMOOGD e/IJ/2000 BTT.C. MUOL PXL#// JS / ^/jA* tMCNrnMe»s«eo<®w^Mnw nNMni £» n«'SyiwrS'TfwCA.'amOOCK EHtERPftBES, LP.M CDSS07 POL34901W AMP NaJ5-f-fa2AFD^O* ACRESfVATAm IANn\; CtHflFICATlON'I j hereby certify to! tliul I am Q licensiI ° licensePvc pgrpvc parpar rouHD385.81'lUtOKK (RA)eoe/ieo. CkmST MASAm BARK. ITS SUCCESSORS AND/CR ASSICHS•MMCS E. MMRREN AND BONUS & WURGMTOAtfB * ViAlBId land surveyor. New York Stole Licensen Nw.C49263, and Uiol this mop correcUy delineates onjoctuol Mrv^ on the ground mode by me or under my directtsuper>nsion and that I found no visible encroachments eitherWu/ uuoss property lines except as shown hereon.i SIGNED:i—nATCD;T. 6. MILLER P.C.ENONEERS MID SURVnWB203 Ncwrx Aumu STREETIMKA, MEN VOnt 14000TEL (807)273-0477TITLE: SURVEY MAPSNOWMO UNDS W B£ CONVEYED TOJAMES E. WARRENAHDBONNIE S. WARRENTOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK"1^24/2005S05373SCALE:r-80*HBiF (Corapkl-s the cerdflcadoM im the paragrapEi that appHes to the ffiatog of this locai law &ml strike oot that which is mot applicable.) > (Final adoption by local legislative Ibody only.) 1 hereby certify that the local law annexed hereto, designated as local law No ..j?. nf oo 06 2. passa^ by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No - on of the (County)(City)(Town)(Village) of -'-'was duTy passed by "the" (Na'me'ofLeguiatiJeB^^^^ ""' (approved)(not approved)(repassed after disapproval) by and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) , feby certify that the local law annexed hereto, designated as local law No — r,f on - wa"s""du"i;"p"a"ssed by""t «of Legislative Body) 'and was (approved)(not approved)(repassed after disapproval) by on 20 Such local law was submitted ® (mandatory)(permissive) referendum, and received the affirmative vote of a majority ofthe qualified electors voting thereon at the (general)(special)(annual) election held on 2a in accordance with the applicable provisions of law. ' ^ refere^dum'7"""^'^^ referendum and final adoption because no valid petition was filed requesting I hereby certify that the local law annexed hereto, designated as local law No nf on - - ;;:::::::;';as7ui^7assedbyVhe (Name ofLegislative Body) was (approved)(not approved)(repassed after disapproval) by the nn on o 1.1 1 1(Elective Chief Executive Officer') lOCal laW WaS SUbjeCt tO permissive referendum and no valid petition requesting such referendum was filed as of 2a in accordance with the applicable provisions of law. ' Officer means or Includes the chief executive officer of a county elected on a county-. basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village ortuc supervisor of a town where such officer is vested with the power to approve or veto local laws or ordininLs. (2) Da poKHSC ]euT:> o? ^r*!» 'X , ' k^'i^a''^'- 1 LM4.PS OF%CK. •V^ OLD PTPE FCOWD 15j£POTBOLY t>ST »U ^ OF OLD H)<St4- VICTOR. 4- WlMlFRSLD TUR.B5^CtC deed E>K. 4-7\, PGi. aZ3 ip»eu UOTE - REIFEE. TO -SURVEY M^P TlTOF e,.^6cock- m=couuhi.u^ ow humii^/sk Road lu tov/m o<: n-u, C<^KL CTRAKJ-f^^t I ^ tr TME TOMPKIM^, COOUTY F\eLC> 2.5' ^\G WAY ^ CEMTSE of isJORTM- EUQ OF \ BRIDCS OVER EMF^ELD Jc^^EEkl. "SCZd®- ^5 LAWD5. op Ba&cqcb: BARNEY, GROSSMAN, DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST SUITE 400 ^ . ...n C.Barney Facsimile Peter G, Grossman ^AST SENECA STREET (607) 272-8806 David A, Dubow ITHACA. NEW YORK 14850 (not for service..of papers) Randall B. Marcus Jonathan A. Orkin (607)273-6841 Kevin A. Jones April 26, 2006 ,; j; 2 7 2006 ( ' i . HAND DELIVERED • Supervisor Catherine Valentino Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re: Abandonment of Property and Transfer of Land to James and Bonnie Warren (Successors to John Babcock) Dear Cathy: In following up on the conveyance of the portion of the old Ithaca - Owego Turnpike next to the Babcock property on Route 13 near the former Turback's property, it appears that the process is somewhat more complex than the mere execution of a quitclaim deed. To refresh your recollection on this matter, it appears that back in the 1800's the Ithaca - Owego Turnpike was created which ran somewhat along the current route of 13 through the southerly portion of the Town of Ithaca. Sometime in the late 1800's or early 1900's the old Ithaca - Owego Turnpike was abandoned and under the laws then in effect the townships over which it crossed became the technical owners. Since that time, New York State has appropriated lands for New York State Route 13. In certain stretches of Route 13, however, the Route deviated from the old Ithaca Turnpike, and that appears to have been the case in front of Ithaca Tax Parcel No. 35-1-10, formerly owned by John Babcock and recently conveyed to James and Bonnie Warren. Mr. Babcock's property was located immediately north of what used to be the old Turback's property and south of the Eddydale Farm. In that area, it appears that the old turnpike road lines are adjacent to, but outside of, the New York State Route 13 state appropriated corridor. You may recall that Mr. Babcock requested that the Town convey to him whatever interest the Town has in that old Ithaca - Owego Turnpike. It is clear that the Town has no particular need for the property since the state owns, operates, and maintains New York State Route 13, and the Town has no particular reason to maintain any additional roadway outside of Barney, Grossman, Dubow & Marcus Honorable Catherine Valentino April 26, 2006 Page 2 the boundaries of Route 13. To further refresh your memory, I am enclosing a copy of a portion of a map which outlines the Babcock parcel and the piece that is being requested to be quitclaimed. We brought the matter to the Town Board at its September 13, 2004 meeting at which time the Town Board indicated it was willing to convey the property to Mr. Babcock subject to two conditions - first, that all expenses and costs relating to the conveyance be paid by Mr. Babcock, and second that there be a restrictive covenant placed on the property prohibiting construction of any buildings or structures on the property. These condtions were communicated to Mr. Williamson who then represented Mr. Babcock and he indicated assent to the matter. He then prepared a proposed deed which was forwarded to me. In the interim, Mr. Babcock has sold the property to James and Bonnie Warren. They are now represented by Amy Emerson of the Thaler office. I picking up this matter, I reviewed the proposed deed that Mr. Williamson had prepared and then checked on the requirements for a conveyance and it appears that there are some additional requirements we need to meet. First, there is an Opinion of the Comptroller which suggests that a highway abandoned by the State to the Town cannot be conveyed by the Town to abutting landowners until there has been a formal abandonment of the highway. Accordingly, the first step that needs to occur is for Fred Noteboom, assuming he is willing to do so, to execute a certificate that the particular road in question has not been used for over six years. That certificate must also bear the consent of a majority of the Town Board. If all parties are willing to sign (the Town Highway Superintendent and at least four Town Board members), the certificate is to be filed with the Town Clerk and the portion of the road would then be formally abandoned. This procedure is all pursuant to Section 205 of the Highway Law of the State of New York. Following the abandonment the Town can then authorize the transfer of the property to Mr. Babcock's successors, the Warrens, by formal resolution. However, this resolution, pursuant to Section 64(2) of the Town Law is itself subject to permissive referendum and must so state. Once the resolution is adopted, within ten days following adoption of the resolution there must be an abstract of the resolution, or the resolution itself, published and posted and, as you are probably aware from other circumstances, a 30 day period must elapse during which a petition can be filed requesting a permissive referendum. If no petition is filed within that 30 days the Town would then be free to go ahead and convey the property. Accordingly, and in furtherance of the process, enclosed are the following items for your consideration. I am sending copies of each of them to Fred Noteboom and Susan Brock as well; 1. A proposed Certificate & Consent for the abandonment for execution by Fred and four Barney, Grossman, Dubow & Marcus Honorable Catherine Valentino April 26, 2006 Page 3 2. Board members (which can include you, as Town Supervisor and one of the Board members). A proposed resolution for submission at the next regular Town Board meeting authorizing the transfer to the Warrens. The Certificate should be signed and filed with the Town Clerk prior to adoption of the resolution authorizing the transfer. If the Certificate is signed and filed, and if the resolution is adopted, I would be happy to prepare an abstract for Tee-Ann to publish and post following the meeting. SEQR probably applies to the adoption of the resolution and the transfer. It does not appear to be a Type II action as it doesn't seem to qualify as "routine or continuing agency administration and management". Thus, it falls into the category of an unlisted action. Perhaps the Planning Department can prepare the appropriate resolution and appropriate short assessment form to handle SEQR. If this is a problem, please let me know and I will either have it prepared in our office or arrange for Ms. Emerson to provide the document. I don't think the Certificate of Abandonment requires SEQR action as this is purely ministerial and accordingly a Type II action (one not requiring SEQR review). If the road has not been used for six years all Fred is doing is certifying to that effect. If it has been used, then obviously he can't so certify. Needless to say, if there are any questions with respect to any of the foregoing, please get in touch with me. With best regards. JCBisIs Enclosures xc; (w/copies of map and other documents) Susan H. Brock, Esq. Fred Noteboom, Highway Superintendent Daniel Walker, Director of Engineering Sinc^ely yours. n John C. Barney Peter G. Grossman David A. Dubow Randall B. Marcus Jonathan A. Orkin Kevin A. Jones BARNEY, GROSSMAN, DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA. NEW YORK 14850 (607) 273-6841 Facsimile (607) 272-8806 {NOT FOR SERVICE OF PAPERS) April 26, 2006 HAND DELIVERED Ms. Amy Emerson Thaler & Thaler 309 North Tioga Street Ithaca, New York 14851-0266 Re: Town of Ithaca - Abandonment of Road to the Warrens rU g own APR 2 7 2006 Hi:; 1 ; ' n ; ; I Dear Amy: As 1 dug into the file in the above matter, it appears that additional procedural steps must occur before the above property can be transferred. As you may be aware. Section 64(2) of the Town Law authorizes a town board to transfer real property but only pursuant to a resolution adopted subject to a permissive referendum. In going back through this file, it does not appear that a resolution has ever been adopted. Accordingly, 1 have prepared a resolution and sent it over to the Town for them to present to their next Town Board meeting. I believe the next regular scheduled meeting is May 8*^ although there may be an earlier one of which I am not presently aware. It also appears that before the Town Board can convey the property and, indeed, before they adopt a resolution authorizing the conveyance, the road needs to be abandoned by formal action of the Town Highway Superintendent. (See Highway Law Section 205 and Opinion of the Comptroller No. 59-580.) Accordingly we have drafted a Certificate of Abandonment and are forwarding that also to the Town for action. 1 have also revised slightly the deed for the property and a copy of the revised deed is enclosed with your clients names on it. As you can see, the process above is going to take a few weeks so it will be another three or four weeks before we have the authorization from the Town to convey and then we must wait a period of 30 days fi-om the date of the adoption of the resolution to see if a request for a permissive referendum is filed. If 30 days elapse and no request is filed, then the matter can be closed out. Barney, Grossman, Dubow & Marcus February 17, 2006 Page 2 Needless to say, if you have any questions, please don't hesitate to get in touch with me. I will try and keep you apprised as the process continues but if you want to give me a call from time to time for an update, please feel free to do so. Veiy truly yours. JCB:sls Enclosure xc: Supervisor Catherine Valentino QUITCLAIM DEED THIS INDENTURE made this day of May 2006, BETWEEN: TOWN OF ITHACA, a municipal corporation organized under the laws of the State of New York, with offices located at 215 North Tioga Street, Ithaca, New York 14850, party of the first part, and JAMES E. WARREN and BONNIE S. WARREN, husband and wife, both of 2028 Elmira Road, Newfield, New York 14867, as tenants by the entirety, parties of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00/100 Dollars ($1.00), lawful money of the United States, and other good and valuable consideration, paid by the parties of the second part, does hereby grant and release unto the party of the second part, its successors, distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County, New York, bounded and described as follows: / COMMENCING at a point marking the southwest comer of premises conveyed to James E. Warren and Bonnie S. Warren, by deed dated the 13"^ day of July, 2005, recorded in the Tompkins County Clerk's Office as Instrument #475703-001; miming thence North 88° 56' 42" West adistance of 53 feet, more or less, to the west boundary of Elmira Road (NYS Routes 13/34/96), appropriated by New York State by instmment recorded in said Clerk's Office in Book 252 of Deeds at page 63; mnning thence northerly along the west boundary line of the NYS highway, a distance of 284 feet, more or less, to its intersection with the south boundary line of premises conveyed to Eddy (Book 607 of Deeds at Page 869); mnning thence South IT 23' 20" East along the south line of premises conveyed to Eddy, a distance of 50 feet, more or less, to a point marking the northwest comer of premises conveyed to Warren (Instmment No. 475703-001); mnning thence South 18° 10' 57" West along the east line of premises conveyed to Warren, a distance of 273.30 feet to the point or place of beginning. For a more particular description of the above-described premises, reference is made to "Survey Map Showing Lands to be Conveyed to James E. Warren and Bonnie S. Warren, Town of Ithaca, Tompkins County, New York", dated June 24, 2005, a copy of which is recorded in the Tompkins'County Clerk's Office in Drawer ACHC, 166. SUBJECT TO the restriction mnning with the land that there shall be no constmction of any buildings or stmctures on the property being conveyed herein. The Grantees execute this deed as evidence of their agreement to such restrictive covenant. This Deed is executed by the Town of Ithaca pursuant to a resolution adopted by the Town Board of Ithaca on the day of , 2006. TOGETHER WITH the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, the survivor of them, and their respect heirs, executors, administrators, successors and assigns forever. IN WITNESS WHEREOF, the party of the first part has hereunto set its hand and seal the day and year first above written. IN PRESENCE OF: TOWN OF ITHACA BY: Catherine Valentino, Supervisor Tax Parcel No.: Town of Ithaca, 35-1-10. The undersigned execute this Deed as evidence of the agreement to the restrictive covenant set forth above: James E. Warren Bonnie S. Warren STATE OF NEW YORK • > COUNTY OF TOMPKINS ss.: On the day of May in the year 2006 before me, the undersigned, personally appeared Catherine Valentino personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF TOMPKINS ss. On the day of May in the year 2006 before me, the undersigned, personally appeared James E. Warren and Bonnie S. Warren personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public <■ 1 > 1 Agenda Item No. 14 - Revised QUITCLAIM DEED THIS INDENTURE made this day of May 2006, BETWEEN: TOWN OF ITHACA, a municipal corporation organized under the laws of the State of New York, with offices located at 215 North Tioga Street, Ithaca, New York 14850, party of the first part, and JAMES E. WARREN and BONNIE S. WARREN, husband and wife, both of 2028 Elmira Road, Newfield, New York 4867, as tenants by the entirety, parties of the second part, WITNESSETH, that the part of the first part, in consideration of One and 00/100 Dollars ($1.00), lawful money of the United States, and other good and valuable consideration, paid by the parties of the second part, does hereby grant and release unto the party of the second part, its successors, distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca. Tompkins County, New York, bounded and described as follows: COMMENCING at a point marking the southwest corner of premises conveyed to James E. Warren and Bonnie S. Warren, by deed dated the 13^^ day of July, 2005, recorded in the Tompkins County Clerk's Office as Instrument #475703-001; running thence North 88° 56' 42" West a distance of 53 feet, more or less, to the west boundary of Elmira Road (NYS Routes 13/34/96), appropriated by New York State by instrument recorded in said Clerk's Office in Book 252 of Deeds at page 63; running thence northerly along the west boundary line of the NYS highway, a distance of 284 feet, more or less, to its intersection with the south boundary line of premises conveyed to Eddy (Book 607 of Deeds at Page 869); running thence South 77° 23' 20" East along the south line of premises conveyed to Eddy, a distance of 50 feet, more or less, to a point marking the northwest corner of premises conveyed to Warren (Instrument No. 475703- 001); running thence South 18° 10' 57" West along the east line of premises conveyed to Warren, a distance of 273.30 feet to the point or place of beginning. For a more particular description of the above-described premises, reference is made to "Survey Map Showing Lands to be Conveyed to James E. Warren and Bonnie S. Warren, Town of Ithaca, Tompkins County, New York", dated June 24, 2005, a copy of which is recorded in the Tompkins County Clerk's Office in Drawer ACHC, 166. construction of any buildings or structures on the property being conveyed herein. The Grantees exocuto this deed as ovidence of their agreement to such restrictive covenant. f \ Agenda Item No. 14 - Revised | o » This deed is executed by the Town of Ithaca pursuant to a resolution adopted by ' < the Town Board of Ithaca on the day of ,2006. ^ ^ TOGETHER WITH the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, the survivor of them, and their respect heirs, executors, administrators, successors and assigns forever. IN WITNESS WHEREOF, the party of the first part has hereunto set its hand and seal the day and year first above written. IN PRESENCE OF: TOWN OF ITHACA BY: Catherine Valentino, Supervisor Tax Parcel No.: Town of Ithaca, 35.-1-10 The undersigned execute this Deed as evidence of the agreement to the restrictive covenant set forth above: James E. Warren Bonnie 8. Warren 0 May 8, 2006 Town Board Meeting ATTACHMENT #9 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompklns County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) I. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Abandonment of a portion of the former Ithaca Owego Turnpike and conveyance to the adjacent landowners — James E. Warren and Bonnie S. Warren. 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Adjoining 869 Elmira Road Tax Parcel Number: Adjoining Tax Parcel No. 35-1-10 4. Is proposed action: NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Abandonment of a portion of the former Ithaca Owego Turnpike and conveyance to the adjacent landowners - James E. Warren and Bonnie S. Warren. This portion of the former Turnpike was abandoned by the State of New York many years ago and reverted to the Town of Ithaca. The Town proposes to abandon this land for highway purposes and convey said land to the adjoining landowners. The land area in question is approximately 1/3 acre in size and has not been used for highway purposes for many years. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected: itiallv (0-5vrs) 1/3 Acres f6-10vrs) 1/3 t>10 vrs) 1/3 Acres How is land zoned presently? Low Density Residential (LDR) 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial 2L Industrial Agriculture Park/Forest/Open Space X Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_ If yes, list agency name and permit/approval. Also, state whether it will require modiflcation. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino, Supervisor, Town of Ithaca Signature and Date: 'ARTII - ENVIRONMENTAL ASSESSMENT (To be con.pleted by the Town; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law? NO X If yes, coordinate the review process and use the fuH EAF.YES B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 ^ ^ negative declaration may be superseded by another involved agency, if anv.YES C. Could proposed action result in any adverse effects associated with the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. The abandonment and conveyance would provide frontage to the adjoining landowners to formalize access to Elmira Road. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or Threatened or endangered species? Explain briefly: None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other Natural resources? Explain briefly: None anticipated. bridle' '■elated activities likely to be induced by the proposed action? Explain V None anticipated.C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None anticipated.C7. Other impacts (including changes in use of either quantity or ty pe of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X . CB other attached. (Check as applicable.)PART m - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwisesignificant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability ofoccurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments orreference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed._Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the full EAF and/or prepare a positive declaration.^LCheck here if you have determined, based on the information and analysis above and any supporting documentationthat the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determinationTown of Ithaca Town Board ^ Name of Lead Agency — Catherine Valentino. Supervisorme & title of Responsible Officer Iij Lead Agency irer's Signature(If different from Responsible Officer Signature of Contributing Preparer ) ignature of Responsible Officer in Lead Agency DATE' May 8, 2006 May 8, 2006 Town Board Meeting ^ OWN ROiSdJ— A, NY 14850 Co ATTACHMENT ^10 Phone: (607) 257-3888 Fax: (607)257-2314 Department OF Emergency Response Lee Shurtleff, Director i) c- '■Ti\ I APR 7 2006 TC':n'HAC April 7,2006 Catherine Valentino, Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Cathy: I have today delivered applications for a zoning variance and planning site plan review to^ Jonathan Kantor for the proposed communications tower at Ithaca College, on behalf ofIthaca College, as applicant/landowner, and Tompldns County, as agent/tenant. I believe the documents fully detail and disclose our plans for the site. I appreciate your-assistance in facilitating the process, and look forward to future collaboration. By this letter, I am requesting that the Town of Ithaca continue to waive fees related tothis critical public safety initiative. I remain available to answer any questions orconcerns that you or the various town entities may have. Yours sincerely. Lee Shurtlefif, DirectorTompkins County Department of Emergency Response Cc: Steve Whicher Tim Joseph Richard Couture, Ithaca College Coordination of Fire, Disaster and Emergency Medical Services Enhanced 911 and Public Safety Communications May 8, 2006 Town Board Meeting ATTACHMENT #11 Attachment to Crawler Dozer Resolution The lowest bid for the crawler dozer was from Anderson Equipment and they bid a Komatsu. Their bid did not meet many of the specifications the Town is calling for. We decided that we wanted to field test the dozers. Several Town employees tested the Komatsu, John Deere, and Caterpillar dozers. The overwhelming preference was the Cat dozer for the following reasons: 1. The Komatsu had spring-ride seat, not air-ride. 2. The Komatsu is a lighter machine that allowed the blade to bounce when encountering rocks. 3. The Komatsu had uncomfortable, non-ergonomic armrests, which would cause operator discomfort when using it for any period of time. 4. The Komatsu did not have an adjustable blade pitch. 5. The Komatsu's maximum slope for the engine lubrication is only a 30-degree slope. 6. The Komatsu's alternator is a 35 amp and the specifications called for 65 amps. 7. The Komatsu's hydrostatic steering depleted power when pushing hard. Trumansburg Tank PaintingMobilizationTank Exterior PaintinTank Interior CoatinWeld Filling of Pits AOBEWelding Seams AOBENew Tank OverflowTank Ringwall RepairEngineer's EstimateRockwood CorporationR. DeVincentisi*iiiii<a*iTrml1$2,500.00$8,000.00$7,500.00$7,500.00I|«iiiii»SimiihI1$125,000.00$125,000.00$40,000.00$40,000.00$39,000.00$39,000.00llaiiiiiiaSiiiiiHl1$46,250.00$46,250.00$159,131.00$159,131.00$76,650.00$76,650.0050$125.00$6,250.00$10.00$500.00$45.00$2,250.00Linear Foot50$125.00$6,250.00$50.00$2,500.00$50.00$2,500.00I15£1111>Xs1UuJBI1$10,000.00$10,000.00$3,000.00$3,000.00$29,600.00$29,600.001$0.00$0.00$1,000,001$1,000.00$11,800.00$11,800.00SUBTOTAL10% CONTINGENCYGRAND TOTAL$196,250.00$19,625.00$215,875.00$214,131.001$169,300.00 ' 1 ' s r\ ' ; t 1 May 8, 2006 Town Board Meeting ATTACHMENT #13 A€ENDA#2i Introduction and Discussion of Westhaven Preserve Management Plan A few months ago. Will Burbank made the suggestion that a management plan would be a good tool for the Town to have in place before we accepted a Town park or trail. This is a draft of a management plan for Westhaven Preserve. We are sending this to you for your review and input. The concept we are attempting to achieve is to have a management plan in place before we formally accept a park or trail. Then, as it goes through the process to acceptance, various boards or public comments can facilitate modification to reflect what the public actually expects. This would help us to know ahead of time what is expected so that we don't have surprises. TOWN OF ITHACA Westhaven Preserve Management Plan The Town of Ithaca acquired approximately 10.71 acres of land located between Elm Street Extension, Westhaven Road, and Helen's Way in 2005. The land was donated to the Town as part of the Mountin Subdivision and has been classified by the Town Board as a Preserve. Access to the site is by way of a 20-foot wide trail easement located along a private drive off Elm Street Extension to the south and also from Helen's Way to the north. The land is adjacent to property owned by Eco-Village to the west and is directly behind lots on Westhaven Road to the east. At one time, this land was part of a proposed subdivision owned by the DeGraff's and a 25-foot wide roadbed was established which served to connect Elm Street Extension with the current Helen's Way. The original subdivision was never developed, however, the roadway was graded, ditches installed to provide drainage. Other than having revegetated with trees and brush, the ditches still function fairly well. The roadway has served as an informal pathway for many years used daily by people on Westhaven Road, Elm Street Extension, Eco-Village, and Coy Glen Road. The pathway fits in nicely with the Town's future planning for West Hill parks and recreation ways as outlined in the 1997 Park, Recreation, and Open Space Plan. Users of the path have trimmed the brush back as needed on an informal basis on both sides and foot traffic has created a well-worn pathway. Invasive shrubs, predominately Multi-flora Rose and Tartarian Honeysuckle, have repeatedly overgrown the trail canopy and limbs and trees have fallen across the path in places. Beginning sometime during the summer of 2005, the Town's Public Works Department grounds maintenance crew began periodic mowing of the path and trimmed back the brush as needed. Clearing of the invasive shrubs should be done to a width of 10 to 15 feet so that our 6 feet wide mower can more easily access the trail alignment and leave a mowed area of between 6 to 10 feet for the users of the path. The shrub clearing may be able to be done in such a way as to achieve a more curvilinear appearance to the cleared area, as opposed to a straight line. This would give the trail user more of the feeling of walking in the "woods". The desired effect will be hard to achieve as the road base alignment was laid out in a linear fashion. — In addition, the Town's sanitary sewer line crosses the Preserve at about the mid-point (see attached map). The sewer easement is mowed once a year to keep the brush from growing in which would make access difficult in the event of a plugged line or other sewer emergency when equipment would be required to repair the problem. Bluebird nesting boxes mark the locations of the manholes along the line. These boxes are cleaned out and maintained on an annual basis. As a Preserve, the Westhaven site will be managed on a passive basis, including infrequent mowing of the narrow path, reduction in the amount of invasive species, annual posting of the property lines, maintaining a walkable trail surface and clean up of storm damage as necessary. At some future point the walking trail will be extended to Elm Street Extension in the trail easement along the west side of the private driveway serving several residences. The Town is also planning on constructing a snowplow turnaround at the end of Helen's Way that will amount to a small gravel hammerhead at right angles to the existing roadway. (See attached map of tax parcel 28.-1-28.226) Rich Schoch Park Maintenance Manager Created 3/2006 P:\PUBLICWORKS\PolicyProcedures\WeslhavenPreservePlan > / t Westhaven Preserve Town of Ithaca Tax Parcel No. 28.-1-28.226 Aerial Photo: 2002 Map Produced: April 26,2006 ~J. -if i ; A f f TOWN CLERK <CONT> Appendix # 2 ' FULL PERFORMANCE KNOWLEDGE. SKILLS. ABILITIES AND PERSONAL CHARACTERISTICS: ' Good administrative and supervisory skills, therefore, the ability to plan and supervise the work of others; Ability to establish and maintain satisfactory working relationships with others including residents and board members; Ability to communicate effectively both orally and in writing; Ability to follow and understand complex oral and written instructions; Initiative; integrity; resourcefulness; good judgment; Working ability to apply Governmental budgetary principles and practices in preparing the departments operating budget; Ability to compose correspondences, reports and maintain records; Ability to operate a personal computer; Ability to maintain confidentiality; Knowledge of municipal govemment desirable; Physical condition commensurate with the demands of the position; SUGGESTED MINIMUM QUALIFICATIONS: EITHER: (a) Graduation from a regionally accredited or New York State registered four year college with a Bachelors degree in public or business administration or related field and at least two (2) years of full time paid (or the equivalent part-time and or volunteer) experience in public administration or business administration, one year of which must have been in a supervisory capacity; OR (b) Graduation from a regionally accredited or New Y6rk~State registered two year college with an Associates degree in public administration or business administration or related field and at least four (4) years of full time paid (or the equivalent part-time and or volunteer) experience in public or business administration, two years of which must have been in a supervisory capacity; OR (c) Graduation from High School or a High School equivalency diploma with at least some additional college level business courses, specialized seminars or workshops, and at least six (6) years of full time paid (or the equivalent part time and or volunteer) experience in public or business administration, two years of which must have been in a supervisory capacity; OR . (d) Any equivalent combination of training and experience as described In (a), (b), or (c) above. SPECIAL REQUIREMENTS: 1. Must be an elector of the Town of Ithaca at the time of election and throughout the term of office. (Town Law section 23.) 2. Take and subscribe the constitutional oath of office, and file such in the Town or County Clerk's office before assuming any duties. (Town Law section 25.) 3 Yearly subscribe and file Ethics Disclosure Statement related to Town of Ithaca Code of Ethics. 4. Execution and filing in the County Clerk's office of an official undertaking - a bond guaranteeing the faithful performance of the office, or approval of the Town Board of the procurement of a blanket undertaking. The Town Board must approve the form, amount and the sureties on the undertaking. 5. Notary Public license desirable. T10.doc 6/96:7/01:4/05; 5/8/06 CocrMpondence^obdaseffowmetortLdoe Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 47 TOWN HIGHWAY SUPERINTENDENT Appendix #3 TQMPKINS COUNTY Department TOWN OF ITHACA Classification UNCLASSIFIED SERVICE Labor Grade S Approved TB 1995 Revised TB 7/01. TB 4/05 DISTINGUISHING FEATURES OF THE CLASS: This is the chief administrative position responsible for pianning, directing and supervising the activities and operation of the Public Works Department, which include the construction, improvement, repair, care, and maintenance of designated highways, parks, bridges, sidewalks, walkways, sluices, watenways, cuiverts for drainage, water and sewer systems within the Town. Work is performed in accordance with the policies of the Town Board, and other duties and powers as may be conferred by Town Law, General Municipal Law, and Public Officers Law; or the rules and regulations of the Department of Transportation including the powers and duties exercised or performed by highway Commissioners. The Town Highway Superintendent shaii have the duties and powers conferred upon him by law, including Town Law Section 32 and Highway Law section 140. Position requires considerable exercise of independent judgment. The Town Highway Superintendent has the responsibiiity-for hiringr supervising,"and discharging ail employees of the department Attendance at night meetings required. Town Highway Superintendent is a Town Officer and is appointed by the Town Board for a term commencing the first day of January next succeeding the next biennial town election (effective 1-1-1960; TB Resi. 5-7-1959). Incumbent does related work as required. TYPICAL WORK ACTIVITIES: (includes but not limited to) Directs operations and maintenance of the Public Works Department, which includes Highways, Parks, Trails, Water and Sewer operations. Storm Water, Buildings and Grounds; * Collaborates with Director of Engineering for technical issues regarding Public Works including , \ appointment of technical staff; ' Directs development of the department's capital improvement program and projects for approval; Aides in coordination of joint projects with other departments, govemments, residents, and agencies; Provides leadership in maintaining good and effective public relations related to town facilities; Responds to constituents' inquiries related to the infrastructure; Collects ail penalties as prescribed by Town Law, Town of Ithaca Local Laws and Ordinances related to the department; Maintains and is responsible for the department petty cash fund; Directs management of department records, documents, and equipment; Brings action in the name of the town against any person or corporation, to sustain the rights of the public according to law; Provides technical assistance to the Town Board and other boards, committees, officials and staff from other departments; Monitors compliance with federal, state and town laws, regulations, codes and policies; Acts as the Town Safety Officer and Co-chairs Town's Safety Committee; Prepares and maintains annual departmental budget according to the town board guidelines and Town Law; Determines personnel requirements and is responsible for the appointment and discharge of staff in compliance with state and local civil service laws and in coordination with the Town Board; Assigns, evaluates, disciplines, trains and supervises staff; Formulates and implements departmental policies and procedures; CONTINUED NEXT PAGE Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 48 May 8, 2006 Town Board Meeting TOWN BUDGET CALENDAR ATTACHMENT #14 Appendix # 1 1. The Town's Chief Fiscal Officer and Budget Officer furnishes department heads or administrative units with budget worksheets. 1. It is recommended that these budget worksheets be furnished to the units no later than September 1. The CFO and Budget Officer have elected to provide department heads with budget worksheets not later than June 30*'*. 2. Submission of estimates to the CFO and Budget Officer. 2. On or before Sentember 20® Budget Officer shall prepare estimates for each administrative unit that fails to submit detailed estimates (Town Law, section 104) 3. The Town's CFO and Budget Officer files a "Tentative Budcet" with the Town Clerk. 3. Not later than Sentember 30®. (Town Law, section 106) 4. The Town Clerk submits the "Tentative Budcet" to the Town Board. 4. On or before October 5® (Town Law, section 106) 5. Revisions may be made by the Town Board in preparation of the "Preliminarv Budcet." 5. Prior to the public hearing. (Town Law, section 106) 6. The Town Clerk shall give notice of a public hearing. 6. At least 5 davs orior to public hearings. (Town Law, section 108) 7. Public Hearing 7. On or before the Thursday immediately following the general election. The hearing may be adjourned from day to day but not beyond November 15®. (Town Law, section 108) 8. The CFO and Budget Officer shall make final revisions to the "Preliminarv Budcet" as discussed by the Town Board. 8. After public hearing but prior to adoption. (Town Law, section 109) 9. Adontion of "Final Budcet."9. Not later than November 20®. (Town LaWi section 109) RESOURCES Office of The State Comptroller Financial Management Guide Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 45 TOWN CLERK Appendix #2 i \ TOWN OF ITHACA DEPARTMENT TOWN OF ITHACA CLASSIFICATION UNCLASSIFIED LABOR GRADE 'Q' APPROVED TB6/95 REVISED TB 7/Q1TB 5/06 DISTINGUISHING FEATURES OF THE CLASS: This is a major administrative position responsible for planning, supervising and directing the operation of the Town Clerk Department. Work is performed in accordance with the policies of the Town Board and requires considerable exercise of Independent judgment especially as it relates to the administration of Town Law, General Municipal Law, Public Officers Law, Real Property Tax Law, and Town of Ithaca local laws and ordinances. Town Clerk shall also have such powers and perform such additional duties as are or may be conferred or imposed upon him/her by law, including Town Law Section 30, and such further duties as the To\^ Board may determine, not inconsistent with the law. The Town Clerk is a Town Officer and is appointed by the Town Board for a two (2) year term commencing the first day of January next succeeding the next biennial Town election (effective 2-10-1966; TB Resl. 1-10-1966). Attendance at a number of meetings, including evenings, is required. The Town Clerk is authorized by the Town Board to appoint and terminate staff of the department, and prepares and monitors the department budget and Town Clerk checking account. Does related work as required. TYPICAL WORK ACTIVITIES: (Including, but not limited to.) Is the custodian of all Town records and Freedom of Information Officer; Attends all Town Board Meetings and other meetings when there is a quorum of the Town Board; Oversees the transcription of accurate minutes of the Town Board, Planning Board and Zoning Board of Appeals; : ) Prepares meeting information and documentation for board members; Maintains a bulletin board of notices relating to resolutions, ordinances, local laws, public hearing and referenda; Provides professional assistance to citizens and community organizations on matters pertaining to duties and policies of the Town; Provides assistance to any and all Town of Ithaca boards, committees and officials; Provides leadership in maintaining good and effective public relations; Advertises legal notices for the Town; Issues licenses or permits under Town Ordinances or Local Laws; Maintains a record of all ordinances and local laws passed by the Town Board; Issues Licenses and Permits under State Lavirs; Issues Environmental Conservation Law Licenses; Issue Marriage and Dog Licenses; Issues Handicap Parking Permits; Provides notification of Vacancies of Office; Assigns, reviews and evaluates the work of department staff, including appointing and terminating staff; Performs statutory duties related to fiscal functions; Collects permit fees and other miscellaneous fees payable to the town; Aids the Receiver of Taxes in the collection of town and county taxes, water rates, and sewer rentals; Compiles reports and statistical information; Makes tax searches for attorneys and property owners; Composes routine correspondences and answers information requests; Performs a variety of clerical tasks; Performs fiscal accounting in coordination with the Budget Officer. CONTINUED NEXT PAGE ^ Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual - 46 for the purpose of buying, selling, developing, or holding real property in the Town of Ithaca or outside the Town contiguous to its immediate boundaries. §32-9. Inducement of violations. > Any person who intentionally induces any official or employee to take any action or refrain from taking any action, which action or inaction violates any provision of this chapter, shall be guilty of a Class A misdemeanor, and shall be barred from doing business with the Town of Ithaca for a period of five years. §32-10. Claims against Town. Nothing herein shall be deemed to bar the timely filing by a present or former official or employee of any claim, demand, or suit against the Town on behalf of him/herself or his/her family arising out of any personal injury or property damage or for any lawful benefit, or from receiving a municipal service or benefit Aat is generally available to the public. §32-11. Establishmentof Local Ethics Board. A. Pursuant to the provisions of §§ 810 through 813 of the General Municipal Law, as amended, die Town of Ithaca does hereby establish a local Ethics Board of five persons to review the annual disclosures and conflict of interest disclosures and cause copies of both to be filed with the Temporary State Commission on Local Government Ethicsvto'reviewnannually this Code" of Ethics"and'recommend to theTown'Board any changes which it deems appropriate; to render advisory opinions on any matter of ethical conduct of Town officials and employees, on its own initiative or at the written request of any Town Board, official, employee, or private citizen. The Ethics Board shall have the power to conduct investigations, refer cases to die Town Board for consideration of whether to commence criminal prosecution, or to commence suit in the Supreme Court of the State of New Yoik on behalf of the Town for injunctive relief to enjoin a violation or compel compliance with this chapter. The Ethics Board may establish rules for its own operations, but whether included or not, the following procedures shall pertain to its activities: (1) The Ethics Board shall state in writing the disposition of every request for opinion and eveiy ' investigation it conducts, and the reasons for the disposition. All such statements and written requests shall be kept on file as public record. (2) Any changes in this chapter that are recommended by the Ethics Board shall, to the extent reasonably possible consistent with the other responsibilities of the Town Board, be discussed and acted upon by the Town Board in open session at a regular meeting within two months of the issuance of the recommendations. Any amendments to this chapter must be filed within 30 days witii the Temporaiy State Commission on Local Government Ethics. (3) The Town Board may make available to the Ethics Board such meeting space, clerical support, and expense reimbursement as the Town Board, in its discretion and consistent widi budgetary constraints, deems advisable. - (4) The Ethics Board may^otxonduct investigations of itself or any of its members. Complaints against any member of the Ethics Board shall be made to the Temporaiy State Commission on Local Government Ethics. B. Appointment and removal. (1) Members of the Ethics Board shall be appointed by the Town Board of the Town of Ithaca and may be nominated by any member of the public. (2) Ethics Board members may be removed by the Town Board for reasons of gross misconduct, substantial neglect of duty, or inability to perform die duties of office, or upon recommendation by the Temporary State Commission on Local Government Ethics. ^ C. Term of office. The term of office of Ethics Board members shall be five years, except that for the first five ^ appointees, terms^hall expire on December 31 of the year in which the Board was created, and of the first, second, third, and fourth year thereafter, respectively. No member shall serve more than two consecutive terms. D. Qualifications. (1) Members of the Ethics Board shall be chosen from among Tompkins County residents. Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual - 57 (2) No Ethics Board member shall hold office in any political parly; for this purpose membership on a town, county, state, or national party committee shall not be deemed to be holding office in a political party; provided, however, that any person who is a chairperson, vice chairperson, secretary, treasurer, or the holder of any similar office in a town, county, state, or national party committee shall be deemed to be holding office in a political party. [Amended 10-5-1992 by L.L. No. 21-1992] ^ ^ (3) No more than two Ethics Board members may be fi-om the same political party. ^ (4) From the period of 12 months prior to appointment throughout his or her term of office, no Ethics Board member or member of his or her family shall hold elected or any other appointed office or employment with the Town of Ithaca, except as a member of a citizens' advisory board. (5) From the period of 12 months prior to appointment throughout his or her term of office, no Ethics Board member shall be a party to any proceeding before the Town of Ithaca or have business dealings with the Town of Ithaca other than normal, routine, ministerial requests such as applications for building permits, certificates of occupancy, marriage licenses, or other similar ministerial matters. (6) Members of the Ethics Board shall be subject to the provisions of this chapter. § 32-12. Distribution of Code of Ethics. A. Within 10 days of this chapter's enactment, the Town Clerk shall post a copy of this chapter conspicuously and permanently in the Town Hall in a manner allowing public perusal of its provisions. Copies of the law shall also be made Available by the Town Clerk to members of the public upon request under provisions of the Freedom of Information Lw. B. Within 30 days of this chapter's enactment, the Town Clerk shall distribute a copy of this chapter to all ofiBcials-and enq)loyees-identified-in §§ 32-2 and-32-3. Each official and employee elected or appoint^ thereafter shall be given a copy of this chapter before entering upon the duties of his or her office. C. The Town Clerk shall distribute copies of this chapter to the members of the Ethics Board upon their taking ofBce. , , I 1 § 32-13. Penalties for offenses. Violation of this chapter will be a Class A misdemeanor subject to the penalties provided in § 813 of the General Municipal Law, including forfeiture of office or employment and liability for all damages and fines. Penalties include a civil penalty not to exceed $10,000 for knowingly and willfully failing to file a financial disclosure statement or for knowingly and willfully making a false statement with intent to deceive. Notwidistanding the foregoing, a person subject to this chapter found for the first time to be in violation of its terms by reason of failing to file or make a required disclosure statement shall be subject to a maximum civil penalty of $500 or a maximum criminal fine of $500. Any such person found for the second time to be in violation of die terms of tiiis chapter by reason of failing to file or make a required disclosure statement shall be subject to a maximum civil penalty of $1,000 or a maximum criminal fine of not more than $1,000. The third and any succeeding such violations shall be subject to the penalties set fordi in the first sentence of diis section. §32-14. When effective. This chapter shall take effect immediately after it has been filed with the New York State Temporary Commission on Local Government Ethics. Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 58 (1) The location of any real property within the Town of Ithaca and outside the Town contiguous to its immediate boundaries, in which the official or employee or his or her family, has whole or part ownership or any other significant financial interest [for this purpose, a "significant financial interest" shall mean an ownership interest of more than 10% or a security interest in the property (such as a mortgagee) of more than ^ $100,000]; (2) The name of any paitnership or unincorporated business (located in the State of New York or which does business in the State of New York) or unincorporated association (which does business with the Town of Ithaca), of which the official or employee or family member is a member, officer, or employee or has a significant proprietary interest (for this purpose a "significant proprietary interest" is an ownership interest of more than 10%), and a description of die nature (position, duties) of their affiliation; [Amended 9-12-1994 by L.L. No, 6-1994] (3) The name of any corporation organized for profit (located in the State of New York or which does business in the State of New York) or organized not for profit (which does business with the Town of Ithaca) of which the official or employee or family member is an officer, director, or employee, or owns or controls, individually or in combination, more than 10% of the outstanding stock, and a description of the nature (position, duties) of their affiliation; [Amended 9-12-1994 by L.L. No. 6-1994] (4) The nature of any self-employment from which the official or employee or a family member has derived gross income of more than $5,000 during the previous 12 months. D. -If^ official or employee practices law, is licensed by the New Yoric State Department of State as a real estate broker or agent, practices a profession licensed by the New York State Department of Education, or is involved in a corporation or business described in Subsection C above, the disclosure statement shall include a general description of the principal subject matters undertaken in the stated practice, including the nature of the clients' businesses. This disclosme shall not include the names of individual clients. E. Interest in any contract held with the Town. §32-4. Gifts. A. Officials, employees, their spouse/equivalents, or any person or entity acting on their behalf may not solicit or accept monetary gifts or loans of any amount or promise thereof, or any gift, including services, entertainment, thing, or promise hereof, having a value of $75 or more, from any person or agent of a person, corporation, partnership, unincorporated association or other entity who the official or employee knows is considering or has had, within the previous 12 months, any business dealing with the Town of Ithaca that involves any discretionary act by the official or employee. B. Refreshments or meals that are provided as part of an informational presentation in a group setting or as part of a reception shall not be considered gifts under this section. §32-5. Confidentiality. Except as required by law, officials and employees may not disclose confidential information acquired during the course of their official duties or use such information to further their personal interests or the personal interest of their families. § 32-6. Conflict of interest prohibited. A. Other than acting solely on behalf of himselfrherself, no official or employee may act as a representative before the Town for any entity, including boards and commissions on which the official or employee has represented the Town, that has a business dealing, including requests for rezoning, variances, legislation, bids on contracts, or any other matter before the Town during his or her term of office or employment with the Town. In cases in which an official or employee represents himself or herself on a matter before the Town, he or she will refrain from voting or otherwise taking discretionaiy action on the matter, as provided in § 32-7 of this chapter. B. For a period of four years after termination of his or her term of office or employment with the Town, other than acting solely on behalf of himselfrherself^ no former official or employee may appear before the Town, I ^ including boards and commissions on which die official or employee has represented the Town, in relation to any matter upon which he or she took any discretionary action during his or her term of office or employment with the Town, unless requested to provide information by die Town. Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 55 C. A Town official shall exercise due diligence in avoiding conflict of interest when voting on matters brought before the Town by entities with whom the official is employed as a non-officer. Any action that could reasonably be interpreted as potentially benefiting the officiafs career advancement, salary, or standing within an organization (e.g., a vote on a matter that falls within the official's direct purview as an employee of the entity appearing before the Town) shall be deemed a conflict of interest and subject to the provisions of § 32-7 of this chapter. f \ § 32-7. Recusal from voting or other discretionary act [Amended 7-12-1993 by L.L. No. 6-1993] A. Definitions. For purposes of this section the following definitions shall apply to acts under this section: CONTRACT - Any claim, account or demand against or agreement with a municipality, express or iinplied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to, an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where such publication is required or authorized by law. "Contract" shall also include, for the purposes of this section, an approval or denial of a rezoning, subdivision, or variance, and shall also include a determination of environmental significance. INTEREST ~ A direct or indirect pecuniary or material benefit accruing to a Town of Ithaca officer or employee as a result of a contract with the Town which such officer or employee serves. For the purposes of this section a Town of Ithaca officer or employee shall be deemed to have an interest in the contract of: (1) His/her spouse, minor children and dependents; (2) A person, business, or other entity who has given campaign contributions of more than $1,000 in „ thft ap;p;repate during the official's last politicd election; . . . (3) Business partners, or a business, association, or oflier entity of which the official or employee is an owner, partner, officer, director, or significant shareholder as described in § 32-3 of this chapter; and (4) A person, business, partnership, corporation, or other entity who is represented in a professional capacity (such as attorney-client or real estate broker - customer) by the official or employee or by any business, partnership, corporation or other entity of which the official or employee is an owner, partner, officer, director or significant shareholder as described in § 32-3 of this chapter. B. Prohibited actions. Whenever an official or employee is called upon to vote on, advise on, or otherwise take , discretionary action on a contract before the Town in which the officer or employee has an interest, the officer or employee shall immediately declare the nature of the interest and shall refrain from taking any action or inaction that would affect the outcome of the matter. Such declaration shall be made a part of the public record concerning the matter. C. Interpretation. All instances involving the appropriateness of abstention from discussion and voting by a member of a Board by virtue of Subsection B above may be referred to the Ethics Board, who will render an opinion on the propriety of such voting within 30 days. Such interpretive opinion may be requested by any member of the Board. D. Whenever any Board member becomes aware of a possible vote in conflict with Subsection B above involving such Board member or any other Board member, he or she may raise the issue at the meeting and request ..the matter be referred to the Ethics Board hereafter created. § 32-8. Land speculation. A. Large-scale land speculation by Town officials who are members of the Town Board, Planning Board, or Zoning Board of Appeals may be perceived as an abuse of the privilege of office. For example it is recommended that during his or her term of office and for a period of 12 months thereafter, such official, his or her spouse/equivalent, and his or her business or other entity of which the official or spouse/equivalent is an owner, partner, officer, director, or holder of controlling interest, shall not acquire real property, or any financial or development interest in real property, of more than a total of 25 acres zoned residential, or more than five acres zoned commercial anywhere in the Town of Ithaca or its contiguous boundaries, for purposes other Aan the official's primary residence. Land purchased in an agricultural district for agricultural use is excluded from this recommendation. A failure to comply with this section shall not be a violation of tins chapter. B. During his or her term of office, no member of the Town Board, Planning Board, or Zoning Board of Appeals or his or her spouse/equivalent shall enter into a business relationship with any other member of said Boards Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 56 I > I \ BOARDS/COMMITTEES FOR THE YEAR 2006 appendix # 7 ELECTED OFFICIALS ^ Town Board Town Justices OTHER BOARDS Planning Board Zoning Board of Appeals Conservation Board Environmental Review Committee (Sub-conunittee of Conservation Board) Public Awareness Education Sub-Committee View Shed Sub-Committee (Sub-committee of Conservation Board) Ethics Board Records Management Advisoiy Board TOWN COMMITTEES Agriculture Committee Agricultural Land Preservation Advisory Committee Board Policies & Protocol Committee (ad hoc) Capital Projects and Fiscal Planning Committee Codes & Ordinances Committee Interviewing Committee (ad hoc) Personnel Committee Public Works Committee Safety Committee , , Sewer Contract Committee Town of Ithaca Transportation Committee INTERMUNICIPAL BOARDS/COMMnTEES Cayuga Lake Watershed Management Plan Intermunicipal Organization City and Town Trail Planning Committee Comell Community Waste Management Advisory Committee Human Services Coalition Ithaca Board of Fire Commissioners Ithaca/ Tompkins County Transportation Council Lake Source Cooling Data Sharing Committee Local Waterfront Revitalization Program Oversight Pegasus Oversight Committee Recreation Partnership Board Southern Cayuga Lake Intermunicipal Water Commission - Bolton Point Special Joint Committee - Sewer Tompkins County Environmental Management Council Tompkins County Local Waterfront Revitalization Program - Planning Committee Tompkins County Joint Youth Commission Tompkins County Municipal Officers Planning Coalition Tompkins County Youth Board Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 53 Chapter 32, ETfflCS, CODE OF appendix # 8 [HISTORY: Adopted by the Town Board of the Town of Ithaca 1-13-1992 by L.L. No. 4-1992. Amendments noted where applicable.] GENERAL REFERENCES Defense and indemnification — See Ch. 28. § 32-1. Purpose; effect on statutory provisions. A. The purpose of this chapter is to establish minimum standards of conduct to help ensure that the business of government is free from improper influence that may result in opportunities for private gain. The Town of Ithaca recognizes that public officials must exercise their official duties solely in the public interest, and must avoid even the appearance of conflict of interest. The standards and guidelines set forth in this chapter are intended to minimize unwarranted suspicion and to avoid potential conflicts of interest before they arise. Notwithstanding any specific omissions in this chapter, it is the responsibility of public officials to come forth with information regarding personal involvement in matters before the Town and to avoid associations or actions that may interfere with the proper discharge of their public duties. B. The rules of ethical conduct of this chapter shall not conflict with but shall be in addition to those of §§ 810 through 813 of the General Municipal Law and any other general or specific law relating to ethical conduct and interest in contracts of municipal officers and employees. However, to the extent the provisions of this chapter conflict with the provisions of §§ 810 through 813 of the General Municipal Law regarding the filing of disclosure statements and the materials to be disclosed, it is intended that the provisions of this chapter shall supersede the analogous provisions of the General Municipal Law. §32-2. Applicability. C. Matters to be disclosed shall include holdings or associations with any or all of the following within the twelve-month period up to and including the time of filing: Fined 3/13/06 Town of Ithaca Board Protocol and Procedures Manual - 54 f ' I A. Unless otherwise specified, this chapter shall apply to all elected and appointed officials (hereinafter referred to as "officials") and department heads ("employees") of the Town of Ithaca ("Town"), including the Town / -i Board (specifically including the Supervisor), Planning Board, Zoning Board of Appeals, advisory boards, and any committees and subcommittees thereof; the Town Clerk, Receiver of Taxes, Hi^way Superintendent, Town Engineer, Town Planner, Zoning Officer/Building Inspector, and Town Attorney (whether paid as a Town employee or retained under separate contract or agreement).EN B. For purposes of this chapter, "family" shall include an official's or employee's spouse or equivalent member of a household sharing living expenses, and any of the following, if residing with the official or employee: child, stepchild, brother, sister, parent, dependent §32-3. Annual disclosure. A. Applicability . WTthi the exception of members of citizens' advisory boards, this section shall apply to all Town officials and employees as defined in § 32-2. Said individuals shall file with the Town Clerk a signed disclosure~stetemi^: (1) Within 120 days of the effective date of this chapter; (2) By April 30 of each year thereafter; and (3) Within 30 days of a significant change in the information already on file, specifically including, but not limited to, the acquisition of any real property (as described below). B. Such disclosure statements shall be kept on file as public record by the Town Clerk. Public notice of the existence and availability of such file shall be made annually: (1) By legal notice in the newspaper of record; (2) By aimouncement by the Town Supervisor at the May Town Board meeting; (3) By notice in the first Town newsletter following the April 30 filing date; (4) By posting of notice conspicuously in Town Hall. ' \ RULES OF ORDER AT A GLANCE Appendix # 5 Below are some motions you might make, how to make them and what to expect of the rules. To do this:You may say this:Do you need a second? Is it debatable?Can it be amended? Adjourn meeting "I move to adjourn."Yes No No Table a motion (Temporarily suspend consideration of an issue.) "I move to table the motion." Yes No No End debate "I move the question." Yes No No Postpone discussion "I move to postpone the discussion until..." Yes Yes Yes Refer to committee "I move to refer the matter to committee." Yes Yes Yes Amend a motion move to amend the motion by..." Yes Yes Yes Kill main motion "I move that the motion be postponed indefinitely." Yes Yes No Introduce a matter "I move that [to]..."Yes Yes Yes Enforce the rules "Point of Order"No No No Take from the table move to take from the table...." Yes No No I \ Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual ~ 51 Tips for Successful Public Service Appendix # 6 Leam all you can about your Town, its operation, finances, laws and ordinances. Study the present and future problems of your commumty. Governing a Town requires a team effort -practically and legally. Committees need more than one person. Be aware not to let honest differences of opinion degenerate into personality conflicts. Remember that you represent all the people of your community. Take your budget preparation job seriously. It determines what your Town does or doesn't do for Ae coming year and will influence decisions and actions in future years as well. The budget is the rriost important policy development tool available to govern a Town. Establish policy statements. Written policy statements let the public and the Town staff know where they stand. They help the Town Board govem, and writing them provides a process to develop consensus. "That's the way it's always been done" is not good enough either to stay out of trouble or to get things done. Have some goals and objectives. What do you want to accomplish this yea^ Next year? ^at do you want the Town to accomplish Ihis year? During the next five years? Be concemed with the long-term future. Make decisions on the basis of public policy and be consistent. Treat similar situations similarly^ =— — ~ — Your job is to find the long-term public interest of the community as a whole, make sure you don't just hear from one side of the people. Charge your appointed officers and their employees with being responsible for new ideas and better ways. Listen to what they have to say and consider changes. You don't have to be content with just following the routine of your predecessors. It may be embarrassing to appear ignorant, but it can be more embarrassing and damaging to tell a person something that is wrong. Be sure of your answers. As ah individual don't make promises you can't deliver! Most decisions and actions require approval of the Town Board, and that takes a majority vote. Don't spring surprises on your fellow Board Members or your Town staff, especially at formal meetings. If a matter is worth bringing up for discussion, it is worth being on the agenda. While surprises may get you some publicity, at the embarrassment of others, they tend to erode the "team" approach to govemance. • Trust the employee's professional judgment and recognize their responsibilities. • Board Members shoidd~stick to policy-making and avoid personal involvement in the day-to-day operations of the Town. • Leam to evaluate recommendations and alternative courses of action. Request your staff to provide options and imaginative solutions. • Balance personal rights and property interests. Balance the possible harm to a few versus the good of the many. • Be concemed with the total development (physical, economic, social) of your community. • Keep in contact and cooperate with your federal, state, county, city and village officials. • Remember that what you say, privately and publicly, will often be news. • Be a leader as well as part of the team of elected and appointed officials who were selected to make your Town an even better place to live. , ^ Revised —Originally from the League of Kansas Municipalities Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 52 f rnwM HlftHWAY fillPERINTENngNT (CONT'D) Appendix # 3 Ability to compose correspondences, reports, and m^ntein records,Worldng knowledge of governmental organization and budgetaijr pro^dures. Knowledge of federal, state, and town laws, regulations, and ordinances. Ability to supervise and direct the work of others, engineers, architects, lawyers and the general public. Ability to be firm, tactful, courteous and use good judgment. Ability to maintain confidentiality; Ability to communicate effectively, orally and in writing. Ability to understand and carry out complex oral an^d wnjten ins^ctions. Possession of high professional standards, integrity and honesty. Ability-to^se personal computers; fSTcS ~ «-nd. .< 1" SUGGESTED MINIMUM QUAI-IPICATIONS: position; OR position; OR loosely related field, wjfii at least two years being in a supervisory posibon. OR An equivalent combination of training and experience as defined the limits of (A). (B) AND ( ) (C) (D) SPECIAL NOTES: 1 Take and subscribe the constitutional oath of office and file such In either the Town or County Clerk's office, before assuming duties. 2 The Highway Superintendent Is a public officer and therefore must be a dtlzen of the United States,puS to Section 3.1 of the New York State Public Officers Uw. 3. Must be an elector of the Town of Ithaca within six months of appointment and throughout the appointment. 4 Yearly filing of the Ethics Disclosure Statement related to Town of Ithaca Code of Ethics. 5. Possession of a valid NYS Driver's license and c'e^^rlving rewr^s and maintain dunngappointment. Class B is required within six months of appointment 6 Responsiveness to Town constituents and Town Board during erne^e^les and highly pressurizedcircumstances. Saiaried position available for emergency situations. Final 3/13/06 of Ithaca Board Protocol and Procedures Manual - 49 TOWN OF ITHACA STANDARDS OF CONDUCT Appendix #4 once. 5. The use of profanity or being disrespectful is inappropriate. The Supervisor will issue a warning to the speaker and shall have the option of asking the speaker to step away from the table/microphone if the inappropriate language continues. 6. Disruptive behavior including, but not limited to, chanting, the use of signs that are — ~ obfrusive of-tot-cbntain defamatory or obscene language Avill not be tolerated. The Presiding Officer will close die public hearing after all persons have been heard. The Town Board will then discuss and consider the issue. The Town Board may also ask questions of staff. Comments from the public after the public hearing has been closed will not be allowed unless by consent of the Presiding Officer. PUBLIC HEARING and PERSONS TO BE HEARD Public Participation Public Hearing Procedure: The Presiding Officer will open the public hearing at the appropriate time and ask the Town Clerk for proof of posting and publication. The Presiding Officer will announce receipt of any written comments. Then the Presiding Officer will ask that any persons wishing to be heard make themselves known. The following procedures will then be followed: 1. Persons wishing to be heard by the Town Board must first be recognized by the Presiding Officer. All persons wishing to be heard will have the opportunity to speak 2 person recognized by the_Presiding_Officer- to. speak .will make his/her presentation at the table and microphone provided and direct their comments to the Town Board. Upon reaching the microphone, the speaker will be invited give his/her name and address for the public record. All documents to be presented to the board must be given to the Town Clerk for distribution to the board; 3. All speakers will be allowed 3 minutes to make their presentation, unless extended by the Presiding Officer, so that all those wishing to address the Board will have an opportunity to do so. 4. After all persons have been heard, the Presiding Officer shall use his/her discretion as to whether anyone will be given the opportunity to address the Town Board more than I s I ) Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — SO Town of Ithaca's Organization Chart Appendix # 9 TOWN JUSTICE (2) COURT CLERK TOWN SU Dfract appoWnwnt NETWORK/ RECORDS ISPECIALIST RECREATION & YOUTH COORDINATOR PLANNING BOARD ZONING BOARD OP APPEALS CONSERVATION BOARD RECEIVER' TAXES TOW PUBUG WORKS DEPARTMENT HUMAN RESOURCES MANAGER BUDGET OFFICER TOWN HIGHWAY SUPERINTENDENT PRINCIPAL ACCOUNT CLERK BOOKKEEPER TO THE SUPERVISOR PARKS MAINTENANCE MANAGER CROSSING GUARDS AT1VE MT An organization chart shows the positions In the organization and the flo' SEI ENGIN TECH 1I0R EERING NICIAN ENGINEERING TECHNICIAN 1 DEPUTY HIGHWAY SUPERINTENDENT WATER/SEWER MAINTENANCE SUPERVISOR WORKING SUPERVISOR HEAVY EQUIPMENT MECHANIC HEAVY EQUIPMENT OPERATOR MAINTENANCE WORKER AUTOMOTIVE MECHANIC ASSISTANT / MOTOR EQUIPMENT OPERATOR LABORER FoiiinffkBan^tnrtMsaniziaon chart 44S Glossary of Terms , Abstract: listing of vouchers with name of claimant, amount allowed and the fund and f appropriation account chargeable Adioum: to end the meeting Agenda: a summarization of items scheduled to be heard and acted upon at a public meeting Amend: to change a motion : a cSh^illfion (TtKe mg®# a|erida; and suppprtingmaterials to he conadered by the Town Board at the next Town Board meeting. Conflict of interest: exists when a Board Member may have a ^mcial interest in, or may materially benefit from, the outcome of a Board action (see Town Code Sections 32-6 and 32-7). When a conflict of interest exists, a Town official must declare such and refrain from participating in or influencing the discussion or vote on the item Consent agenda: a listing of routine or non-controversial items presented to Board for their collective approval ^ Decorum: behavior that is conducive to carrying on debate in a smooth and orderly manner. Local Law: a locaii law is a legislative action by ihe Town Board. Local laws are adopted under home rule authority, which is given to towns by the New York State Constitution and implemented by the New York Municipal Home Rule Law and Statute of Local Governments. Home rule authority enables a town to enact local laws pertaining to a broad array of subject matters, not just those specifically delineated by the New York State legislature. A town may also supersede certain provisions of state law by local law. Local law has the same prestige and cames the same wei^t and authority as a state statute enacted by the State Legislature. Main motion: introduces an item of business to the Board for its consideration. A main motion cannot be made when another motion is before the Board. A main motion yields to privileged, subsidiary and incidental motions Majority: 4 board members Miscellaneous motions: not conveniently classified as subsidiary, incidental, or privileged, but which are commonly used. These include: (1) take from the table; (2) reconsider, and (3) rescind Motion: a brobosal that the Bo^d^e a atanibr takem actipn oa.some issue Municipal code: a compilation of all local laws arid ordinances cuirently m effect in the Town. The To'wn. Qerk paaintams the mumcipal code book. Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual - 59 Ouorum: the number of members that must be present for the meeting to be called to order and to conduct business legally. A quorum of the Ithaca Town Board consists of four members. Rules of Order: a set of rules for conduct at meetings. It allows everyone to be heard and to make decisions without confusion. Second: a verbal signal from a member that he or she wishes to consider a motion just made Special meeting: a non-regularly scheduled public meeting of the Town Board held to act on an item(s) requiring immediate consideration. Super Majority: 5 board members Voting: the means by which motions are accepted or rejected by the Town Board r\ I \ Final 3/13/06 Town of Ithaca Board Protocol and Procedures Manual — 60 ^ AGREEMENT between Village of Cayuga Heights, N.Y. (hereinafter sometimes "the Village") and Town of Ithaca, N.Y. (hereinafter sometimes "the Town") Whereas the Town Board of the Town of Ithaca desires to have a uniformed police officer in attendance in Town Court as a court attendant to foster a sense of decorum but without providing any policing services or police protection, and; Whereas the Board of Trustees of the Village of Cayuga Heights wishes to promote inter- municipal cooperation and provide this limited service to the Town of Ithaca in a cost- effective manner; Therefore the parties hereby enter into this Agreement. 1. The Village of Cajoiga Heights Police Department shall provide a police officer on the Wednesday evenings when the Ithaca Town Court is held. The officer shall be in attendance at the Ithaca Town Court for a period typically beginning at 3:45 p.m. and t>picall\during a typical Court calendar of cases not exceeding three hours. The officer shall remain in attendance imtil the court session ends. 2. Said officer shall be a regular full-time or part-time member of the Cayuga Heights Police Department and wearing the uniform of said department. 3. The officer shall be in attendance as a peace officer and will serve as an attendant to the court, but shall not exercise any police powers. 4. In the event that police assistance or protection is required, a department with jurisdiction (e.g. City of Ithaca Police, Tompkins County Sheriff, New York State Police) shall be contacted and the responding agency will have authority as provided by law. 5. In consideration of this service, the Town shall pay the Village $150 per scheduled court date. If the Court shall request attendance at other times (for a jury trial, for example), the Town shall make separate arrangements for same with the Village Police Department in advance. The Village will send the Town Supervisor a voucher for payment at least thirty (30) days in advance of the date payments are due. Payments shall be made for the previous quarter by February 1 15, May 15, August 15, and November 15. Payments shall be sent to the Village >1, Clerk, Village of Cayuga Heights, 836 Hanshaw Road, Ithaca, NY 14850. 6. To avoid payment in the event that a court date is cancelled, the Town shall notify the Village Chief of Police no later than 30 days in advance, so that scheduled staffing may be adjusted. 7. The relationship of the Village and its police officers to the Town is that of an independent contractor. The police officers shall at all times remain and be considered Village employees. The Village shall be responsible for all salaries, benefits, taxes, insurance, workers' compensation, uniform, and transportation expenses pertaining to this Agreement. The police officers shall not hold themselves out as, nor claim to be, officers or employees of the Town, and they shall make no claim nor demand for, nor be entitled to, any right or privilege as a Town officer or employee, including but not limited to workers' compensation coverage, medical or imemployment benefits, or Social Security or retirement membership benefits from the Town. 8. The Town shall defend, indemnify, and save harmless the Village and its respective employees, agents and elected officials from and against any and all liability, damages, actions, expenses, reasonable counsel fees and other fees, penalties, causes of actions, suits, costs, claims or judgments arising from or relating to any omission of duty, negligence or wrongful act of the Town, its employees, or its agents in connection with this Agreement. 9. The Village shall defend, indemnify, and save harmless the Town and its ^ respective employees, agents and elected officials from and against any and all liability, damages, actions, expenses, reasonable coxmsel fees and other fees, penalties, causes of actions, suits, costs, claims or judgments arising from or relating to any omission of duty, negligence or wrongful act of the Village, its police officers, any of its other employees, or its agents in connection with this Agreement. 10. Following ratification by the goveming Boards of both parties, this Agreement shall be in effect for a term of one year beginning June 1,2006, and may be renewed for one year terms thereafter by mutual written consent of the parties. 11. Either party may terminate this Agreement with thirty days written notice to the other party. Notifications shall be deemed given upon receipt and shall be hand- delivered or sent by certified mail, retum receipt requested, to the Mayor or Supervisor of the other party at the municipal offices of that party. 12. This Agreement shall be governed b>' the of the Smio of New York. 4-3^ This Agreement is the entire agreement of the parties and supersedes any previous understandings, representations, commitments or agreements, oral or writtenr, and shall be governed by the laws of the State of New York. : \ 4-k 3. This Agreement may be executed in duplicate or in counterparts, and may be amended only by the written consent of both parties. -IAt 14. This Agreement or any right hereunder may not be assigned by a party without the written consent of the other party. 4-b: Thii^ .Vgi'eemonl may be executed in duph-cale or in coiiiuerpart. FOR THE VILLAGE OF CAYUGA HEIGHTS, N.Y. Signed on this day of , 2006 Walter R. Lynn Mayor FOR THE TOWN OF ITHACA, N.Y. Signed on this day of , 2006 Catherine Valentino Supervisor f TOWN OF ITHACA > Public Works Department's Monthly Board Report March for the May 8,2006 Meeting ROADS: ^ Spring brush and leaf pickup was completed in five days. Jamie Stevens began work as a permanent, full time laborer. Two seasonal employees began work in time for brush pickup. New employees went through orientation and training. Driveway culvert pipes were installed for residents on Snyder Hill Road, Salem Drive, LeGrande Court, and Muriel Street. ^ The paving/drainage project on Christopher Lane has begun. The drainage has been upgraded and we are hoping to pave the road in May. We cut out sod along the stone dust sidewalk on the section of Judd Falls Road from Forest Home Drive to Mclntyre Place and then added new stone dust to improve the walking surface. Several plantings were installed at the approaches to the downstream bridge on Forest Home Drive to re-landscape the area where we repaired the retaining wall. Ditches were cleaned on Muriel Street and LeGrande Court. An underground pipe was replaced near the downstream pump station on Forest Home Drive. ' Sign work included several replacements and on-going attachment of our inventory labels to existing signs. An updated inventory of cross walks was prepared to prioritize which ones need re-painting. Lawn repairs were begun to fix water main breaks and snowplow damage. An outside consultant preformed supervisory training. ^ Materials were hauled in for our stockpiles. ^ Several crawler dozers were demonstrated to help us decide which one to purchase. Many different operators from our department had the opportunity to try these pieces of equipment under field conditions. ^ Culvert pipe was picked up at Hancor for several storm water management projects. ^ Equipment was transported for the Town of Danby. ^ Traffic counters were put out on Stone Quarry Road. PARKS AND TRAILS: ^ Weekly site checks and garbage collection were performed at all sites. We resurfaced South Hill Recreation Way with a thin layer of stone dust to fill in worn spots and cover gravelly areas. Many favorable comments were received from trail users. Topsoil and compost were mixed and screened with the shredder we purchased last year. This planting material was trucked to the berm along the Pew Trail section of the East Ithaca Recreation Way's parking lot for an Eagle Scout project lead by Gregory Colucci, a Town ^ resident. The &outs will be installing a sign Gregory constructed over the winter saying "Welcome to Eastern Heights Neighborhood". They will also spread the planting medium over the berm prior to installing many ornamental plantings. Finally, the Scouts will pick litter and debris in the parking lot area and mulch all the plantings during the month of May^ ^ Work continued on the Tutelo Park comfort station. i Trail clearing work was started up again on the section of Few Trail, which runs through Tudor Park. This will allow us to install a large culvert pipe and rip rap to stabilize the creek bank along the trail. WATER: > Water transmission main hydrants were replaced on Caldwell Road, Pine Tree Road, and near where the main crosses the Game Farm Road section of the East Ithaca Recreation Way. A hydrant was repaired on Coddington Road, along with a leaky v^ve, also on Coddington Road. > Test holes were dug in the vicinity of Winner's Circle in an area of corrosive soil where we have had recent T-main breaks. > Inspections at the new water tank and Overlook water and sewer installations continued. SEWER: > Training was obtained for survey equipment we purchased. > We used our sewer vacuum to clean catch basins at Judd Falls Road and Forest Home Drive. > Regular sewer pump station checks were done. Technicians from ITT Flygt come to service / some sewer pumps. ' ^ Projects to be worked on in May: 1. Begin park and trail mowing and grounds maintenance. 2. Complete Christopher Lane piping and paving. 3. Install guide rail on Sandbank Road. 4. Finish spring lawn repairs and seedings. 5. Replace cross pipe on Woodgate Lane. 6. Install commemorative sign at Conley Park in honor of Ed Conley. 7. Install pad for Raffensberger gazebo. 8. Install concrete base for Chimney Swift tower. 9. Begin construction on Tutelo Park pavilion. 10. Install ball field soil mix on skinned areas of little league field at Tutelo Park. 11. Continue work on Pew Trail. ghk / \ TOWN CLERK'S MONTHLY REPORT J -Sii^v D a i/ a TOWN OF ITHACA, NEW YORK APRIL, 2006 TC^HE SUPERVISOR: ATTAC^JJ^TJ #l6 ant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received b ^ in connection with my office during the month stated above, excepting only such fees and moneys the application A1255 10 MARRIAGE LICENSES NO. 06016 TO 06025 175.00 2 MISC. COPIES 16.25 1 ZONING ORDINANCE 12.80 8 TAX SEARCH 40.00 6 MARRIAGE TRANSCRIPT TOTAL TOWN CLERK FEES 60.00 304.05 A1556 1 SPCA CONTRACT TOTAL A1556 10.00 10.00 A2544 DOG LICENSES TOTAL A2544 542.25 542.25 B2110 25 5 BUILDING PERMIT BUILDING PERMIT EXTENSIN 10,765.00 1,357.50 / \2 FIRE SAFETY INSPECTIONS 130.00 7 ZONING BOARD MTG 700.00 3 TEMP CERTIFICATE OCCUP 175.00 2 OPERATING PERMIT TOTAL B2110 100.00 13,227.50 B2115 1 ASS. MTG. FEE P.H. PROCE TOTAL B2115 50.00 50.00 TOWN CLERK'S MONTHLY REPORT APRIL, 2006 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 856.30 PAID TO SUPERVISOR FOR PART TOWN FUND 13,277.50 PAID TO COUNTY TREASURER FOR DOG LICENSES 107.75 PAID TO AG & MARKETS FOR DOG LICENSES 30.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 225.00 TOTAL DISBURSEMENTS 14,496.55 \ MAY 1,2006 .SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. > Subscribed and swom to before me this Town Clerk 3 day of /Aft <4 20 Notary Public CARRIE WHITMORE Notary Public, State of New York f \ No. 01WH6052877 Tloga County V- Commission Expires December 26.^0^^ May 8, 2006 Town Board Meeting Cayuga Medical Center at Ithaca ATTACHMENT #14 .agenda #26 APR - 7 2005 ' 1 t I April 5. 2006 Town of Ithaca Ms. Catherine Valentino, Superintendent 215 North Tioga Street Ithaca. NY 14850 Dear Ms.Valentino: As you may know, Cayuga Medical Center is unique among local organizations in offering membership in its corporation to individuals nominated by more than two hundred not-for-profit organizations, municipalities, education institutions, and governmental units and sub-units with an interest in health care, in the Medical Center's service area. We believe your entity is eligible to designate one individual of your choosing to be a member of the Cayuga Medical Center Corporation for the next two years. This individual in your organization is then invited to participate in elections for our Medical Center's Membership and Nominating Committee and Board of Directors, and serves as an important communication link between our two organizations. Please review the enclosed application for membership, both to verify that your organization meets our criteria, and that the person you have nominated for membership is willing and able to serve, by joining us at our next Annual Meeting scheduled for^30 pm April 26, j006 at the Medical Cent^ Thank you very much for your organization's involvement in the health of our community! Sincerely, Laurie Roberts Vice President, Public Relations 101 Dates Drive Ithaca, New York 14850-1383 607.274.4011 607.274.4527fax www.cayugamed.org Affiliated with Weil! Medical College of Cornell University TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH HOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for May 8,2006 Town Board Meeting DEVELOPMENT REVIEW April 4.2006 Meeting: Ithaca College Boothroyd Hall Renovations, Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed renovations to the Ithaca College"Boothroyd H£ill locatedin th& southeast comer ofihe main campus, Town of Ithaca Tax Parcel No. 41-1-30.2, Medium Density Residential Zone. The proposal involves the renovation of the existing 70-unit dormitory including window replacement, chimney reconstmction, fa9ade repairs and painting, existing sidewalk replacement and lawn and planting bed repairs. Ithaca College, Owner/Applicant; Vincent Nicotra, QPK Design, Agent. Genex Monsanto Building Addition, 521 Sheffield Road: The Planning Board granted Final Site Plan Approval for the proposed addition at the Genex Monsanto Building, Production Center # 2, ^ located at 521 Sheffield Road, Town of Ithaca Tax Parcel No. 24-5-1, Agricultural Zone. The proposal involves constmcting a +/- 10,000 square foot addition on the west side of the existing building to house offices and research facilities. Genex Cooperative, Inc., Owner/Applicant; Egner Architectural Assoc., LLC, Agent. Cornell University Campus Road Segment 7 Rehabilitation: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed Comell University Campus Road Segment 7 Rehabilitation project located between Judd Falls and Tower Roads, Town of Ithaca Tax Parcel No. 63-1-2.2, Low Density Residential Zone. The proposal involves rebuilding the existing roadway, including widening the road by approximately 5 feet to add bicycle lanes, reconstmcting the existing bus stop, reroute and treat stormwater runoff, replace the lighting -fixtures andradd new landscaping. Comell University, Owner/Applicant; Bob Chiang, Agent. Biggs Building Demolition, 301 Harris B. Dates Drive: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed demolition of the Biggs Building located at 301 Harris B. Dates Drive, Town of Ithaca Tax Parcel No.'s 24-3-2.24 and 24-3-2.21, Planned Development Zone No. 3 and Low Density Residential Zone. The proposal involves removing the entire building consisting of 67,000 +/- square feet on multiple floors and demolition of some existing site improvements such as driveways, walks, curbs, and lighting. The site will be graded and landscaped as lawn and meadow. The project also includes disposing of some of the hard fill on an adjacent property owned by the Cayuga Medical Center, which will be covered and seeded as meadow. Cayuga Medical Center at Ithaca, Owner/Applicant; Peter J. Trowbridge, Trowbridge & / \ Wolf, LLP, Agent. : Town ofIthaca Plaming^ 's Report \ May 8, 2006 Town Board Meeting April 18. 2006 Meeting: (Cancelled due to lack of a quorum) CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Reviews for Zoning Board: Five applications for the Zoning Board were processed since the April report as follows: April 17, 2006 Meeting: (1) Sign variance and variance from the Town's sprinkler requirements were granted for the proposed Three Rivers Miniature Golf Course located at 869 Elmira Road, Low Density Residential Zone, Bonnie Warren, Appellant; (2) Variance to install a ground- mounted, solar array was granted at 1317 Trumansburg Road, Low Density Residential Zone, Roy Luft, Appellant; (3) Variance to install a ground-mounted solar array was granted at 1448 Trumansburg Road, Agricultural Zone, Jon Bosak and Bethany Schroeder, Appellants; (4) Variance to install a ground-mounted solar array was granted at 179 Calkins Road, Agricultural Zone, David Hessler, Appellant, Mike Carpenter, Agent; and (5) Variance to install a groimd-mounted solar -array was granted at 190 Seven-Mile Drive, Low-Density Residential Zone, Lee-Ginenthal and Renate Schmitt, Appellants, Rob Garrity, Agent. Codes and Ordinances Committee (COO: The Committee met on April 19, 2006 to discuss the proposed noise law amendments, revisions to the draft outdoor lighting law, an update regarding the review of current dock regulations, and possible amendments to the Zoning Code to permit freestanding solar panels and photo voltaic systems. The Committee is scheduling a public information meeting regarding the draft outdoor lighting law on Thursday. Mav 25. 2006 at 7:00 p.m. in Town Hall. The next COC meeting is scheduled for May 17, 2006. Tentative agenda items include continuation of consideration of amendments to the Zoning Code to allow free-standing solar arrays, update regarding review of dock regulations, and update and revisions regarding the draft stream setback law. Transportation Committee: The Committee met on April 13, 2006 to discuss draft recommendations in the Transportation Plan and remaining elements in the preparation of the Plan. The date for the third public information meeting on the Transportation Plan is scheduled for Thursday. Mav 18. 2006 at 7:00 p.m. in Town Hall. The next Committee meeting is scheduled for Wednesday, May 10, 2006 at 3:00 p.m. to finalize arrangements for the public info meeting. A summary sheet highlighting draft recommendations in the Plan will be prepared for the public meeting. The full draft Plan (sections prepared to date) is available on the Town's website. Conservation Board: A meeting was held on April 6, 2006. Agenda items included a presentation on the Tompkins County Scenic Resources Inventory Project, discussion regarding a possible purchase of development rights pro^am for environmentally sensitive/significant lands and committee reports and updates. The next meeting is scheduled for May 4,2006. 1 ^ TOWN ENGINEERS REPORT 4/10/2006 / > Northeast Development of the drainage plan is continuing with an initial concentration of the Salem Drive area and the Hanshaw Road drainage system. Drainage improvements are being coordinated with the County plan for reconstruction of Hanshaw Road. A proposal for the completion of the Briarwood subdivision includes stormwater management controls to reduce the impact of stormwater in the area. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which was formed to meet the needs of municipalities that must comply with the NYSDEC Phase n stormwater regulations. These municipalities are owners of municipal separate storm sewer systems (MS4s) and are required to meet the "minimum measures" of the law. To date the group has been informally organized and to better provide the support to the member municipalities creating an intermunicipal agreement is being proposed. This agreement will be discussed at the May meeting. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site imtil all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase II improvements is substantially complete. The Town is working with the developer to complete aspects of the stormwater management system, which protects properties down stream of the development. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. WESTVIEW SUBDIVISION Construction of Phase I of the roads and utilities has been substantially completed, and the Town Board has accepted that portion of the project. The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. ! \ Town Engineer's Report May 9,2006 Daniel R. Walker Page 3 5/3/2006 TOWN ENGINEERS REPORT 4/10/2006 OVERLOOK ON THE WEST HILL Site work is underway for Phase lb including stormwater detention, mass grading, relocation of the water main and sewer improvements. The Engineering staff is monitoring the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION The CMC demolition plan for the old Biggs A building has been approved by the Planning Board. The Town Engineer has reviewed the plans for the demolition, abandonment of utilities and debris disposal on and off site and will be monitoring sediment control measures. Town Engineer's Report May 9,2006 Daniel R. Walker Page 4 5/3/2006 Town Engineer's Report for 5/9/2006 Town Board Meeting GENERAL Emergency Management. Tomnkins County Emergency Management Planning Committee • thAt the April 18 regular Emergency Planning Committee meeting the primary agenda items were development of the committee bylaws and discussion of the table top exercise scheduled for April 27^. Alice Cole reported that the Health Dept. is working on its pandemic flu planning. The NYS plan is complete and the county's plan needs to be completed by September 15^. The Health Dept. will be holding town meetings to make presentations and raise awareness of business and individual plans for a pandemic. Alice stated that a pandemic is not a Health Dept. issue, but rather a community issue and she continues to get that message out. On April 27^ a tabletop exercise was held at Emergency Response Center to provide an introduction to the use of the facility as an Emergency Operations Center and ^ an Emergency Coordination Center during an emergency event in Tompkins County. Participants included planning committee members, key County department heads, they county administrator and the chair of the County Legislature. The City of Ithaca was represented by a deputy fire Chief, the City Clerk as a Public Information Officer, the assistant superintendent of Public Works for streets and facilities and a risk management staff member. The Town Engineer participated as a representative of the municipal association. The purpose of the exercise was to familiarize officials with the Emergency Operations Center facilities and capabilities. The process of activation of the EOC was discussed along with call out procedures, Training needs and compliance with the National Incident Management System (NIMS). The Committee scheduled a Public Officials Conference for April 22,2006. All elected officials in the coimty were invited to attend this conference. The purpose of a Public Officials Conference is to provide information on the responsibilities of public officials in the emergency management system and county plan. Unfortimately the date of the conference coincided with the spring break for the public school system and many invitees were unable to attend. The Conference will be rescheduled with adequate notice for.the invitees. • thThe next scheduled meeting for the committee is May 16 . South Hill IC/Communitv Working Group The Town Engineer has been attending meetings at Ithaca College as staff support to the Town Board with Pat Leary attending as a representative of the Board. The most recent meeting was on May 1 and was primarily a review of the last day of classes at Ithaca College on Friday, April 28^, 2006. Ithaca College hosted a campus-wide event on the last day of class as an alternative for students who might otherwise attend the Prospect Street event. This event (IC Kicks Back) will took place from 2:30 p.m. to 5:30 p.m. on Friday, April 28^, in order to provide students (especially underclassmen) with an alternative non-alcoholic event to celebrate the last day of classes. The working group had communicated with student regarding the concerns of neighbors regarding noise and unruly behavior including a luncheon with Prospect Street Students, City/Town Letters and Door Hangers for off campus students. E-mail Sent to All IC Students from Brian McAree and SGA President, Public Safety/IPD/SherifFs Officers do Door-to-Door Visits of Student Residences, and a notice placed in Ithacan about Last Day of Classes. The efforts apparently have had some ^ effect as there were only a few reports of disturbance on the last of classes. TOWN ENGINEERS REPORT 4/10/2006 t s EARTH FILL PERMITS No Fill permits were issued in April 2006. There was 1 citation for illegal fill on the CMC property which is being abated. WATER PROJECTS East Hill Transmission Main and Storage Tank Work on the tank structure proceeded through April and the precast portions of the tank were in place on May 2. The next step is pouring panel joints, wire wrapping and application of shotcrete. Any Board members interested in visiting the site should contact me and I will arrange a site visit. The project is a SCLIWC funded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services with reimbursement from the Commission. Trumansburg Road Water Tank Bids have been received and the Town Engineer is recommending a contract award at the May Town Board meeting. ^ Trumansburg Road Water Main Improvements ) ^ Planning in underway for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive. SEWER PROJECTS lAWWTF Phosphorus Removal Project The Town Engineer has been participating in meetings with the contractor and Steams and Wheler to attempt to negotiate a settlement. Joint Interceptor Sewer Projects The First Street Interceptor constmction is proceeding with City of Ithaca forces doing the work. Town Staff is monitoring the constmction process, which has been proceeding smoothly. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that was collected by the engineering interns will be processed and developed into a stormwater model for the Town. \ ! ^ Town Engineer's Report May 9,2006 Daniel R. Walker Page 2 5/3/2006 2006 1 ITCTC Planning Committee: The Ithaca-Tompkins County Transportation Council (ITCTC) Planning Committee met on April 25, 2006. Agenda items included review of two TIP (Transportation Improvement Program) amendments regarding (1) TCAT funding and implementation of projects to conform to the recently approved Federal transportation program, and (2) NYSDOT inspection projects, an update on the ITCTC park-and-ride study, and a report on the 2006 road construction map compiled by ITCTC. The Policy Committee will meet on May 16, 2006, and there will be a joint Planning/Policy Committee meeting on June 20,2006. Agricultural Land Preservation Program: Planning staff has prepared preliminary grant application summaries for the two proposals received for submission to the Tompkins County Agriculture and Farmland Protection Board for their recommendation in anticipation of the upcoming State grant program for acquisition of agricultural conservation easements. Meanwhile, applications for the State-funding program will be initiated when the program announcement is officially released. Cornell Master Plan: The Planning Director attended a meeting sponsored by Cornell University (April 19, 2006) to introduce the consultants (Urban Strategies Inc. of Toronto) who have been selected to develop a comprehensive master plan for Comell's Ithaca campus, and to initiate the process of contact and coordination with municipal officials, neighborhood groups, students, faculty, and other key players in the process. Historic Resources Database: Planning staff met with John Coakley (Town Clerk's Office) for an update on the work that John has been doing on developing a database format for the historic resource surveys that were recently completed for the Town by the Comell University Historic Preservation Program. The database will include summary information for each of the properties included in the survey, identified by tax parcel number. Properties included in the inventory will also be mapped in the GIS system. Regular Meeting of the Ithaca Town Board, May 8,2006 Human Resources Report for April, 2006 Personnel Committee: Committee did not meet in April. A meeting has been scheduled for the Town Board Members (Cathy, Peter and Jeff) for May 15"^. Safety Committee: The committee discussed accidents and incidents that occurred since the February meeting. The committee will be working on a vehicle accident reporting policy with levels of coaching and discipline tied to severity and frequency of vehicle accidents. The committee discussed why the muscular skeletal injuries occurred and ways that they could have been avoided. Back and abdominal strains and pulls continue to be the Town's issue. Jon Munson, Laborer, was assigned to be task of meeting with the new and seasonal staff to do safety orientation and training. There were 2 seasonal staff that started April and Jon spent time that morning going over safety information with them. This is a new attempt to make sure training is completed for the seasonal staff. Policy and Protocol Committee: The committee met in April to discuss the Appendices for the manual. The appendices will be discussed and considered at the May 8*^ Town Board ^ meeting. Training and Development: The Brainteaser program offered a session entitled Tower Point Presentations." The Public Works Department had a 4 hour training session with the supervisory crew entitled "Being a Supervisor" presented by Bob Blenn. The session was fantastic and evaluations were great. The employees discussed coaching styles, when and how to escalate an issue up stream and how to perform effective performance reviews. The group was asked about future programs such as the 2 held with Bob Blennn, they would like to continue them but on varying topics. A proposal for this continued training will be in the 2007 budget. For 2006 I am the President of the Society for Human Resource Management of Tompkins County. The group is developing an all day conference in May to be held at Ithaca College. This has been a great learning opportunity for me when it comes to leadership and organizing the work of many diverse people. I have also been representing the Town at the Diversity Consortium of Tompkins County meetings. This group will be hosting an all day conference June 1®4hat I hope some of you will attend. The focus is about diversity and inclusion in the community. Personnel - Civil Service: Constable position is still in the works. The Village has been busy with budget , work, but will be working with the again soon to finalize a draft for consideration. Seasonal positions at the PWD are being filled. Two seasonal staff started in April and 2 more will be starting in May. Summer seasonal youth staff applications have been collected. Fred Noteboom and I will be interviewing 3 in May for 1 open space. Three youth from 2005 will be returning for another fun filled year. Commercial Insurance (Ithaca Aaencv - Selective Insurance Comoanv): The new 2006 Jeep for the Code Enforcement Officers has been received and added to the insurance. Workers' Compensation (Public Emplovers Risk Management Assoc ~ PERMA): There were no new claims reported. The Town did receive the preliminary billing from Perma for the June 1 renewal. The Town's experience rating declined again from .84 to .81, which reduces the premiums. The Perma discount went up from 19.2% to 22.2%, which reduces the premiums. However, the NYS Workers' Compensation Assessment charge increased from 15.1% to 17.5%. The overall net affect was an increase over last years bill by $2,172 or 3%. This is fantastic in the realm of workers' compensation costs. Disabilitv Insurance: There is 1 employee out on disability; Betty Poole, Court Clerk. Town staff is picking up the extra duties during the medical leave. Great thank you goes out to Linda Fetherbay, Court Clerk, and Deborah Kelley, Bookkeeper to the Supervisor/Receiver of Taxes, for doing such a great job. Unemplovment Insurance: There is currently one person claiming. Submitted By: Judith C. Drake, PHR, Human Resources Manager 1 f \ \ Fie Ei Vm .favoibs Tools Website Network Network/Record Specialist Report May 8, 2006 Site of the Month page.. .This month: NYSERDA Did You Know link ... This month: Town Board agenda availability Utilizing new software to collection website stats. Will include points of interest in monthly Town Board report. This month: Top 5 downloaded pages: o Zoning Ordinance o Building Permit Application o 2006 Budget o Zoning map o Town of Ithaca Transportation Plan • During the second quarter of this year, the Town Hall's version of Microsoft Office will be upgraded from Office 2000 to Office 2003. Implementation of this upgrade includes discussions with staff regarding time-line for roll out of upgrade, benefits of the upgrade and possible work interruptions. Additional: Records Management Advisor Board (RMAB) met this month for the first time this year. The agenda included revisions to the Town's Record Management Policy and Procedure, records management work priorities and using the RMAB as the forum to discuss the Town's website issues. VParnltsuinfee11111111$161,780.00 New 3 bedroom single-family home $550.00$200,000.00 New 3 bedroom single-family home with attached 2 car garage $550.00$18,500.00 Detached garage$60.00$19,500.00 Build roof over existing bamyard $60.00$20,000.00 Freestanding solar array $60.00^ ^ $25,000.00 Construct 22'x36' in ground pool with 4.5' high fence $70.00$28,885.00 Freestanding solar electric system $70.00$83,134.00 Freestanding solar electric system $200.00 $16,500.00 Remodel kitchen & replace bay window & improve rear entry $60.00$100,000.00 Structural remodeling of lower level; nonstructural remodeling of t $200.00$500.00 Roof overhang $25.00$2,000.00 Construct 12'x18'deck $25.00$49,000.00 420 square foot room addition to single-family home $100.00$9,000.00 Conversion from 2 family to single-family; demolish attached stor $45.00$60,000.00 Convert basement into apartment $200.00$1,500,000.00 Demolish Biggs A and associated accessory structures $2,000.0075 ; } valBBiiflmpniviiimt$1,600,000.00Construct 14,630 sq. ft. commercial building w/ sprinkler systembuilding permit category1 new single-family homes2 new two-family homesSinew multiple residences4 renovations to residential5 additions to residential6pnversions of use"T^businessSagricultural9 institutionallOeducationallllmiscellaneous monthly COs issued6/3/2006Street N| Street Name138 iRidgecrest Rd318 Old Gor^Rd1317 Trumansburg RdPalm Rd127 Salem Dr228 Forest Home Dr"110 KingRdW904 East Shore Dr950 Danby Rd105 Valley View Rd501 Salem Dr202 Stone Quarry RdNew 2 bedroom replacement home _ 4/3/2006New 4 bedroom single-family home with attached 3 bay garage 4/24/2006Inskli freestanding soTar coilection array 4/21/2006Mason Shop parking lot 4/17/200624' X 54" swimming pool 4/19/2006Renovate existing barn/garage/add dwelling unit 4/27/2006Apartment addition and enclosed porch 4/11/062,093 square foot 2 story addition 4/3/2006Reroof cafeteria and 4th floor penthouse room 4/13/2006Porch addition 4/19/2006Roof overhang 4/10/2006Water control building 4/27/2006 Field Visits Juilding Code Complaint/Investigation Fire Safety Fire Emergency Total Monthly complaints received Eimira Rd Danby Rd correspondence Other correspondence Other property maintenance Pending building code Pending 4/6/2006 4/7/2006 4/10/2006 4/24/2006 monthly COs issued for existing buildings 05/01/2006 09:13:10 TOWN OF ITHACA B2110-B2110 Transaction Report For the period 04/01/2006 through 04/30/2006 Type Date Comment Name Quantity i Fee B2110 1. BP 04/03/2006 35.-1-10.2 WARREN, BONNIE &I 700.00 JAMES 2. BP 04/04/2006 32.-1-15 BAKER, JAMES 1 60.00 3. BP 04/05/2006 35.-1-10.2 WARREN, BONNIE AND I 45.00 JAMES 4. BP 04/06/2006 24.-5-1 GENEX 1 2,000.00 5. BP 04/06/2006 70.-7-1 ZHANG, ZHIWU 1 25.00 6. BP 04/07/2006 66.-4-21 BENDER, CAROL I 200.00 7. BP 04/12/2006 47.-1-7.1 RIVCHIN, MARILYN 1 100.00 8. BP 04/12/2006 24.-3-2.24 BIGGS A (RITTER AND I 2,000.00 PARATORE) 9. BP 04/13/2006 54.-5-5 DARROW, DON 1 35.00 10. BP 04/13/2006 25.-2-41.1 JOHNSTON, PAMELA 1 200.00 11. BP 04/14/2006 33.-3-8.7 LONGO, NICHOLAS 1 25.00 12. BP 04/17/2006 61.-1-8.16 WARD, DEBRA 1 550.00 13. BP 04/17/2006 70.-10-3.1 MAHANEY, KEVIN & SHERI 1 60.00 14. BP 04/19/2006 46.-1-15.41 AWAD, GEORGE C.1 70.00 15. BP 04/19/2006 61.-1-8.15 GLAHN, RANDLIVESAY,E 1 70.00 16. BP 04/20/2006 54.-7-2 lACOVELLI, ORLANDO 1 600/^, 17. BP 04/20/2006 52.-1-13.1 PARROTT, STEPHEN 1 6Q \ 18. BP 04/21/2006 65.-1-5.2 STREETER ASSOC FOR I 2,00Q CORNELL 19. BP 04/25/2006 45.-2-14.2 LITTLE, JACK 1 200.00 20. BP 04/27/2006 67.-1-8 CORNELL UNIVERSITY 1 25.00 21. BP 04/27/2006 35.-1-11 BECK, ROGER 1 70.00 22. BP 04/27/2006 62.-2-1.121 CORNELL UNIVERSITY 1 100.00 23. BP 04/27/2006 63.-1-8.2 KELLEY FOR CORNELL 1 1,500.00 WILSON LAB 24. BP 04/28/2006 58.-2-4 TRINITY LUTHERAN I 45.00 CHURCH 25. BP 04/28/2006 24.-1-26 VOGEL, ALAN 1 25.00 25 10,765.00 26. BPE 04/03/2006 24.-4-14.23 OVERLOOK AT WEST HILL 1 962.50 27. BPE 04/03/2006 24.-4-9 PRICE, JAMES & EMMA 1 50.00 28. BPE 04/17/2006 30.-1-1.5 LYKHVAR, PAVEL 1 137.50 29. BPE 04/21/2006 46.-1-15.9 SNYDER, LARRY 1 137.50 30. BPE 04/21/2006 44.2-1-2 SCHICKEL FOR HOSPICARE I 70.00 1,357.50 31. FSI 04/17/2006 28.-1-26.6 SHULER, COLLEEN 1 50.00 32. FSI 04/17/2006 27.-1-11.3 STERLING HOUSE 1 80.00 130.00 33. OP 04/05/2006 70.-10-3.25 WEST, ROBERT D.1 50^ 1 1 34. OP 04/27/2006 24.-1-34.621 MCCASLAND, MARGARET 1 50, , IOC 35. TOO 04/04/2006 45.-11-14 WAPEN, LISA E.1 62.50 36. TOO 04/05/2006 71.-5-2 VAN ECK, NICHOLAS 1 62.50 37. TOO 04/10/2006 39.-1-18 GATOR CONST. FOR 1 50.00 ' Type'Date Comment Name Quantity Fee 38/ M 04/04/2006 4.-4-06 39. ZBM 40. ZBM 41. ZBM 42. ZBM 43. ZBM 44. ZBM 04/12/2006 04/14/2006 04/17/2006 04/17/2006 71.-7-13 25.-2-15 63.-1-3.4 71.-6-3 04/25/2006 66.-2-9 04/27/2006 61.-1-8.49 TORCHIA TG MILLER FOR VANDERBURGH ALBRECHT, GREGORY L. PINNISI, MICHAEL IAD WALKER, PHILIP AND EMILY HOWARD, MARY OLTENACU, PASCAL 175.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 700.00 Total Sales 44 13,227.50 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: Cathy Valentino, Supervisor Town of Ithaca Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Pat Leaiy, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator April 2006 Youth Employment Youth are employed by the town in four categories: • Youth with little or no employment history for training in a position in position of their interest (Student Work Initiative flinding) (7 positions) ' • Student Youth Corps Trial at public works (First year Team of Youth who worked at Town 1 parks doing maintenance on stmctures and grounds) (3 positions) • History Grant Project (Five Town Youth working under direction of Project Coordinator David George) (5 positions/ will expire at end of grant) • Direct Hires (Some seasonal youth employees at public works and "graduates" of the Student Work Initiative program worldng for Town Clerk) (2 positions currently) Town youth eligible for other work programs are referred, supported and followed up. Under the programs aegis youth are assessed, evaluated, counseled and referred to positions. Sites are sought based on youth interests, skills, abilities and location. To date this year 24 youth or care providers have inquired about the program with five youth in the history project and two who continue as intems (and invaluable assistants) for the Town Clerk. This compares to 10 youth last year, which included the intem positions. Bight of the youth resulted from contact at a highly successful teen employment fair sponsored by GIAC. I had the opportunity to speak not only with youth but also with representatives of Comell and the private sector. Addition recruitment notices were published in both the Town Newsletter and the Voice of the Village. Mary Granger a Town Resident who saw me at an Ithaca Public Education Initiative anniversary has ask me for information to be made available through the high school PTA website and newsletter. Additionally the Town Clerks office has distributed a number of applications in response to requests that may or may not be duplications of the inquiries. i Additionally I have been exploring self-employment and junior achievement concepts with interested volunteers and Ithaca City School District staff. Ithaca is truly unique in the depth of its resources. I actively participate in a youth employment network of professionals lead by County Youth Services including the City Youth Bureau, Tompkins County Action, Tompkins County Workforce, ^ Cooperative Extension and the Learning Web. This group is looking at appropriate placement n opportunities for youth facing multiple barriers to employment. I am in the minority for the development of mentored sites at Cornell and private enterprise (The Chamber of Commerce) with the majority of the group appearing to lean towards various youth corps concepts at the City Youth Bureau. My primary hesitation is the relatively modest amount of funding needs to include overhead and more positions for participants can be created with reduced cost. Ultimately this decision is made by the Workforce Initiative Administration (WIA) Board and will impact approximately 20% of the youth I work with based on last year's numbers. To date five youth have completed the process additionally two referrals sought and located employment on their own. We have two youth in placement at two new sites; one active in Joblink and two processed for summer placements. The balance either has applications or is pending interviews with me. My work with placed youth involves feedback to both sites and students with availability for intervention should it be required. Thus far the students evaluations continue to be high quality. I try to observe the youth in their placements to assure accuracy and the youth evaluate their sites to safeguard their experience. This program could not work without the steadfast support and efforts of Connie Clark and Judy Drake who have contact with all of the youth who become Town employees. Connie consistently offers ideas for improvements and Judy is always available to assist me. Likewise the Youth Corps at the highway department provides a legitimate work experience that benefits the Town because of the thoughtful consideration given to it by Rich Schoch and Fred Noteboom (Judy is a ditto on this team!) Joint Youth Commission The contracts were signed and returned. The JYC continues to seek representation for its vacancies and is in the process of recruitment. Appointments are needed for Cayuga Heights, Village of Lansing and Youth. Meetings are generally the third Monday of the month at 7 in the Human Services Building. Although open to the public building security requires knowledge in advance of attendance. The Towns CYC liaison has been doing double duty for the Joblink program resulting in higher numbers in youth work programs. Recreation Partnership/Coordinators Both groups had meetings this month. Newfield has passed the quorum wording change for the bylaws that should allow the organization to move ahead with important priorities. The five-year agreement is up for renewal at the end of the year and needs to be reviewed to determine if the same conditions exist or if modifications will be recommended. The group wants to move ahead with private fund raising. Methods on how to proceed are actively being discussed. Cathy is chairing the Finance Committee and Jeff is on Sponsorship. Note: The Partnership now has a website that can be accessed fi^om the Town's site. , N i \ Recreation and Human Service Committee The meeting was post phoned. Staff continues to work on committee goals and priorities. Related Activity Ithaca College student intern Nick Tessoni successfully completed his placement with the Town. Nick assisted with the creation of an orientation manual for subsequent students. This endeavor was very useful in assisting me frame all of the components of the position. Additionally he had the opportunity to attend and participate in a variety of work activities bringing to the table a different perspective. He provided invaluable support with many essential work functions. This coming Fall another IC Benjamin Bromberg will complete his internship here at the Town. Ben has agreed to assist with the Tutelo Park Opening event and we anticipate telecommunicating this summer as planning moves forward. Through participation at the Human Services Coalition and other work I have been ask to participate in a variety of community program opportunities including the public library. I have spoken to Network and Tech specialist Lisa Carrier- Titti who will be establishing an activity information Comer at the Town's website. Student Historians and the History Project You will be receiving a formal invitation to the Open House Event, June 8,2006. The youth have worked diligently on the Town's behalf so your attendance would be an honor. The program will begin promptly at 6:30 PM. (The Ithaca High School Awards Assembly is scheduled for the same night and we are hoping that the students will be able to participate in both.)