HomeMy WebLinkAboutTB Minutes 2002-05-13 REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, MAY 13, 2002 at 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
AGENDA
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Tompkins County Board of Representatives
4 . Report of Fire Commissioners
5 . 6 : 00 p . m . — Persons to be Heard
6 . Set Public HEkaring for Revisions to City of Ithaca Fire Contract
7 . Consider Waiving Fee for US Army Reserve Use of South Hill Trail
8 . Update on Town Public Works Facility
9 . Discuss Integrated Sewer System Allocation of Capacity Proposal
10 . Discuss Possible Endorsement of Tompkins County Vital Communities Principles
11 , Consider Renaming Penny Drive to Penny Lane and Pinewood Drive to Pinewood Place
12 . Consider Approval of Noise Permit Application Form
13 . Discussion of Auctions Ordinance
14 . Approval of Cayuga Lake Watershed Intermunicipal Organization Call for Cooperation
15 . Consider Resolution on ADA Compliance for Town Hall Parking Lot
16 . Announcement of Filing and Availability of Ethics Disclosure Statements
17 . Consent Agenda
a . Town Board Minutes
b . Town of Ithaca Warrants
C . Bolton Point Warrants
d . Records Disposition List
e . Attendance at SHRM Conference
f . 2002 Budget Modification for Franchise Fee
g . 2002 ,Justice Court Assistance Program Grant Application
h . Planning Department Intern
18 . Report of Town Committees
a . Agricultural Land Preservation Advisory Committee
b . Capital Planning Committee
C , Cayuga Lake Watershed Intermunicipal Organization
d . Codes and Ordinances Committee
e . Personnel Committee
f . Public Works Committee
g . Recreation Partnership
h . Safety Committee
i . Sewer Joint Subcommittee
j . Sewer Contract Committee
k . Special District Benefit Assessment Committee
1 . Transportation Committee
19 . Report of Town Officials
a . Town Clerk
b . Highway Superintendent
C , Director of Engineering
d . Director of Planning
e . Director of Building and Zoning
f . Human Resource Manager
g . Budget Officer
h . Network/Records Specialist
L Attorney for the Town of Ithaca
20 . Review of Correspondence
a . 4- 16-2002 letter from Representative Luster re State Archives funding
b . 4-22-02 letter from Representative Farrell re State Archives funding
c . 4-22-02 letter from Senator Kuhl re State Archives funding
d . 4- 19-02 fax from Hamden Town Clerk , April Scheffler, re Computerized Conservation
Licensing System
e . Monthly Fire Department Reports
f . 4-30-02 Fax from Larry Parlett re New York State Contract with MasterCard and Visa
g . 5-2-02 e -mail from Gary Stewart Complimenting Town Web Site
h . 05/ 1 /02 letter from Mr. Maureen Schmitt re Lisa Lane Drainage Ditch
i . 05/01 /02 memo from Tompkins County Youth Bureau re Recreation Partnership Bylaws
j . 5/01 /01 Memo from Kate Hackett re Water Resources Council Water Quality Strategy
k . Cornell university Facilities Services Newsletter
I . Senior Citizens Council Newsletter
21 . Consider Executive Session regarding Real Property Acquisition and Status of Bostwick
Road Litigation
22 , Consider Adjournment
Additional Agenda Items :
1 . Approve the Concept of Leasing Space on Christopher Lane Water Tank for Installation
Independent Wireless One Leased Realty Corporation Communication Equipment .
May 13, 2002 Town Board Meeting
Approved 611012002
REGULAR MEETING OF THE ITHACA TOWN BOARD
• MONDAY, MAY 139 2002 AT 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
THOSE PRESENT: Supervisor Valentino , Councilwoman Russell , Councilwoman Grigorov ,
Councilman Klein , Councilman Burbank , Councilman Niederkorn .
OTHERS PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Town Attorney; Dan
Walker, Town Engineer; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Town
Planner; Al Carvill , Budget Officer; Judith Drake , Human Resource Manager; Barbara
Blanchard , Tompkins County Board of Representatives ; Eric Mulivihill , WHCH ; Dooley Kiefer,
Tompkins County Board of Representatives ; Byron Elias , Independent Wireless One .
EXCUSED : Councilman Lesser; Fred Noteboom , Highway Superintendent (excused to work
on area flooding)
CALL TO ORDER : the meeting was called to order at 5 : 30 p . m . and the Supervisor led the
assemblage in the Pledge of Allegiance .
AGENDA ITEM NO . 3 — REPORT OF TOMPKINS COUNTY BOARD OF
REPRESENTATIVES
Representative Barbara Blanchard ( District 1 ) appeared before the Board to give the report
from the Tompkins County Board of Representatives .
Understand Our Budget Book — Ms . Blanchard delivered a copy of the County's
Understand Our Budget booklet . Additional copies are available from County Administration
and it is on the web .
Paging System— Ms . Blanchard reported that , in August , the County decided the paging
portion of the communications upgrade needed to be moved along on a faster track . The
paging system is the thing that the Volunteer Fire people and Emergency Medical people
" live and die by" , to get them together and alert them of their duties . Existing equipment is
old , it cannot be replaced , and pagers are failing . A special project team , headed by Lee
Shurtleff ( Director of Emergency Services) , was formed . The team made a presentation to
the County Board and Ms . Blanchard brought a summary of the presentation . They hope to
have a new paging system in place by the end of next year and have everybody on board
with it . They will be making special arrangement with the Fire Companies and the
OAmbulance Companies for the purchase of pagers . The County will be buying them in bulk
and making time payment arrangements with these people .
1
May 13, 2002 Town Board Meeting
Approved 611012002
911 Center — The location of the 911 Center has been moved from the South Hill Fire Station •
to an area just to the east of the Crash Fire Rescue Building at the airport . The South Hill site
was too constrained and they were driven to other areas because of the cost .
Planninq Forum — There will be a Planning Forum sponsored by the Tompkins County
Planning Office on May 29th from 5 : 30 p . m . to 7 : 00 p . m . Invitations were distributed .
Ribbon Cutting for County' s Bostwick Road Highway Facility — Ms . Blanchard invited
everyone to come to the ribbon cutting ceremony for the new facility on Monday, May 20 from
12 noon until 3 : 00 p . m .
County Budget - Supervisor Valentino asked Ms . Blanchard to carry back a message
regarding the County's contribution to the Joint Recreation Partnership . She stated that
the partnership has worked very hard with the City to do a better job of budgeting and helped
them discover where they had been wasting quite a bit of money . They have been asked to
hold the line on their expenses , they have raised the fees considerably , programs that were
not cost effective have been cut . The partnership has already worked very hard to bring
those operating costs down to bare bones while still providing the programming for children .
It would be about $9 , 500 , if the County decided to cut that by 20% . Ms . Blanchard asked that
Supervisor Valentino have Nancy Zahler or some one from the partnership document that
and get it to Dan Winch in Health and Human Services Committee ,
Ms . Blanchard reported that the County Board is planning on having each of the program
committees work with their various department heads within the next month or so to go over . �
what kinds of approaches the staff people might see as being most viable before they submit -_
their budgets to County Administration . They have never done this before . Having this
information to the appropriate committee would be very important .
There are plans for about three forums where the public will be able to come and participate
in some kind of a discussion , to actually have an opportunity to weigh in on some of these
decisions .
Agenda Item No — Report of Fire Commissioners (Attachment # 1 )
Mr. Romanowski appeared before the Board with the Fire Commission ' s monthly report .
Mr. Romanowski announced that he was resigning his seat as Chair of the Fire Commission .
Paul Alexander will be Chair and Greg Kirkpatrick will be Vice Chair. Mr. Romanowski will •
continue as a Town representative on that commission and liaison to the Town Board .
2
May 13, 2002 Town Board Meeting
Approved 611012002
Aclenda Item No . 5 -- Persons to be Heard
There were none
Agenda Item No . 6_-- Set Public Hearing for Revisions to the City of Ithaca Fire Contract
RESOLUTION We 2002-067 - Set Public Hearing Date for Consideration of Fire
Contract with the Gity of Ithaca.
RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town
Hall , 215 North Tioga Street , Ithaca , New York, on the 1 ot" day of June , 2002 at 6 : 30 p . m . for
the purpose of considering the execution of a revised contract with the City of Ithaca for the
provision of fire protection and emergency service for a portion of the Town 's fire protection
district unless the Town Supervisor determines that the proposed contract is not yet in a form
ready for action by the Town Board ; and it is further
RESOLVED , that at such time and place all persons interested in such contract may be
heard concerning the same ; and it is further
RESOLVED , that the! Town Clerk of the Town of Ithaca is hereby authorized and directed to
publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca ,
Ithaca , New York, said publication to occur not less than ten days before the day designated
above for the public hearing .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
AGENDA ITEM NO . 7 = Consider Waiving Fee for US Army Reserve Use of South Hill
Trail (Letter from Win. J. Fearn, U. S. Army Reserves - Attachment #2y
Supervisor Valentino reported that the Town had received a request from the US Army
Reserve to waive the Town fee for use of the South Hill on Sunday , June 9 , 2002 to march
from Burns Road to Hudson Street or Coddington Road .
Councilman Niederkorn asked if they would have exclusive use of the trail during that time .
Supervisor Valentino replied that they would not .
3
May 13, 2002 Town Board Meeting
Approved 611012002
Councilman Burbank expressed concern for casual users suddenly encountering uniformed
soldiers . Ms . Hunter replied that the Reserves had been asked and agreed to post signs
regarding their use of the trail at the trail entrances . Requiring them to issue a public notice
to the newspaper was discussed and decided against .
RESOLUTION NO. 2002-068 - Waiver of US ArmV Reserve Parks & Trail Application
Fee and Security Deposit.
WHEREAS , the US Army Reserve has applied for and been granted use of the South
Hill Recreation Way on Sunday, June 9 , 2002 between 10 : 00 a . m . and 2 : 00 p . m . , and
WHEREAS , the US Army Reserve is a governmental entity that provides protection to
the public , and
WHEREAS , their use of the trail on June 9th is part of a training exercise , now,
therefore , be it
RESOLVED , that the governing Town Board hereby waives the $ 25 . 00 use fee and
the $75 . 00 security deposit .
MOVED : Councilwoman Grigorov
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion
was carried unanimously.
Agenda Item No 8 — Update on Public Works Facility
Dan Walker reported that no petition requesting submission at a special election had been
filed in response to Board approval of a resolution authorizing the renovation and expansion
of the town public works facility , authorizing the expenditures of capital reserve funds for such
purpose , authorizing the issuance and sale of serial bonds of up to $800 , 000 , and authorizing
the expenditure of surplus funds for the balance of the costs of such project
The final contract documents are under preparation . Due to design scheduling delays they
were not ready for this meeting . Mr. Walker anticipates the final construction documents in
hand in the next two weeks . He will bring those to the June 10th Town Board Meeting for
approval of construction documents and authorization to put the project out to bid . He
reported he understood Fred Noteboom had met with the architects in the afternoon and the
4
May 13, 2002 Town Board Meeting
Approved 611012002
engineering and architectural estimates the Town has had to-date are still valid , about 1 . 7
million dollar construction costs .
The Board will have the full set of drawings , the specifications , and the contract documents
for authorization at the June meeting .
Agenda Item No . 9 — Discuss the Sewer System Allocation of Capacity Proposal
(Attachment #3 — Appendix B to the Intermunicipal Sewer Agreement, Average Daily
Flow Information, Permitted Capacity Ownership Versus Current Capacity Usage)
Supervisor Valentino reported on the ongoing negotiations for the integrated sewer system
that would be expanded from the City of Ithaca , Town of Ithaca , Town of Dryden to also
include Village of Cayuga Heights , Village of Lansing , and the Town of Lansing . Cayuga
Heights currently owns its own sewer plant . They are willing to donate that plant to the
system . Trying to figure out how to achieve that transfer and have all the parties that have
been involved treated in an equitable way has been a little difficult . The Town of Ithaca , the
Town of Lansing , they Village of Lansing , and to a very small degree the Town of Dryden all
send sewage to the Cayuga Heights plant and pay " rate and a half" . The Village of Cayuga
Heights has said they are willing to give the group their sewage treatment plant and give
those that have been paying rate and a half credit for that rate and a half . This was a big
move on the part of the Village of Cayuga Heights . Originally they were not sure they wanted
to come into this at all . This is a major leap . Part of which has been figuring out how much
excess capacity the various plants have .
Dan Walker reviewed the attached Intermunicipal Sewer Agreement Appendix B Allocation of
Capacity, supporting Average Daily Flow information , and the Proposed Permitted Capacity
Ownership with the Board . Average daily flow measurements are based upon water use
rather than sewer use because of the non -perfect-fluid nature of sewage . We have a longer
history and more constant record of water meter readings and they are more consistently
accurate . We are making efforts to see if we can improve the efficiency of the sewers' flow
meters because that tells the true picture of what is going through the system .
Following review of the attachments , Mr. Walker gave his recommendation that the Town
give up 300 , 000 gallons per day of excess capacity by accepting this as additional volume of
inflow and infiltration in the Cayuga Heights plant . This is as a bargaining chip with Cayuga
Heights to encourage them to join in the partnership and in a general spirit of cooperation to
bring the partnership together.
In response to questions from Mr. Carvill and Councilwoman Russell , Mr. Walker stated that
this arrangement would have no adverse fiscal impacts .
5
May 13, 2002 Town Board Meeting
Approved 611012002
The Board authorized Supervisor Valentino to continue in this direction with assurance from
Mr. Walker that the Town would retain sufficient capacity to meet Town needs for the next 20
years .
AGENDA ITEM NO . 10 - Discuss Possible Endorsement Of Tompkins County Vital
Communities Principles (Attachment #4 — Memo from J. Kanter and copy of Draft
Principles))
Supervisor Valentino told the Board that the attorney for the City of Ithaca had recommended
the addition of a disclaimer to the proposed resolution of support to protect against giving up
some of their home- rule , land- use authority. She recommended the Town consider such a
disclaimer. Attorney Barney concurred and proposed the following : " Resolved that by
expressing support for the referenced principles , the Town does not in any manner suggest
that the Town is surrendering or abandoning to the County or any other entity the right the
Town has to adopt its own land use regulations . "
Mr. Kanter and the other Board members did not agree and discussion followed . Attorney
Barney expressed concern that within the principles there is room for many judgment calls .
He recommended the Town make it known that by approving the principles the Town is not
turning over those judgment calls to another governmental entity . Mr. Kanter did not share
those concerns stating "that kind of all goes through State enabling legislation where the
County can 't come in and take our authority from us" , and "if you want to get into it for political
reasons that's the Board 's prerogative , but for legal reasons , I disagree with you " .
In response to the suggested disclaimer, Councilman Niederkorn state "that is giving with one
hand and taking back with the other. We either want to endorse these things in principle or
not , and I don 't see any reason why we should say, well we agree with you but . "
Councilwoman Russell asked what impact this will have on the Town ; will it only affect the
County GML reviews ; and how it could impact our land use? Attorney Barney stated that the
GML reviews are not inconsequential , we 've had a couple come back from the County
recently that we 've had real concerns about , and when you have an adverse GML review it
requires boards to act with a super-majority . Attorney Barney stated that he did not have a
problem with the principles , they are policy not legal issues , but thought the Town might want
to have a caveat that by doing this they are not opening the door for somebody to exercise a
judgment that is contrary. Councilman Klein stated that " if the Planning Board got an
adverse GML review right now, that review could be construed to be totally arbitrary because
what are they basing it on . At lease we' re saying get yourself a set of principles . At least
when you do those GML reviews you can look at something and say this is why it fits or
doesn 't fit . "
6
May 13, 2002 Town Board Meeting
Approved 611012002
Supervisor Valentino then recommended the following resolved : " Resolved that the Town of
Ithaca hereby support , in principle , the proposed adoption " .
Councilman Burbank moved adoption of the proposed resolution with no changes or
additions . Councilman Niederkorn seconded that motion .
RESOLUTION NO. 2002-069 - SUPPORT OF VITAL COMMUNITIES INITIATIVE
DEVELOPMENT AND PRESERVATION PRINCIPLES
WHEREAS , the Tompkins County Planning Department is seeking to promote a
common vision for future land use and development in Tompkins County as part of their Vital
Communities Initiative ; and
WHEREAS , a series of Development and Preservation Principles ( Last Revised March
149 2002) have been generated through the Vital Communities Initiative after a
comprehensive outreach effort to municipalities and civic and community organizations ; and
WHEREAS , the Tompkins County Planning Department presented a draft of the Vital
Communities Initiative Development and Preservation Principles at the November 8 , 2001
Town Board Meeting ; and
WHEREAS , the Tompkins County Board of Representatives proposes to adopt these
principles in order to :
• continue a community dialog on the future growth of the County ; and
• evaluate the land use impacts of County programs and decisions ; and
• guide the preparation of a County Comprehensive Plan ; and
WHEREAS , the Vital Communities Initiative Development and Preservation Principles
are complementary of and consistent with the goals and objectives of the Town of Ithaca
Comprehensive Plan (adopted September 21 , 1993) .
RESOLVED , that the Town of Ithaca Town Board hereby supports the proposed
adoption of the Vital Communities Initiative Development and Preservation Principles ( Last
Revised March 14 , 2002) by the Tompkins County Board of Representatives .
MOVED : Councilman Burbank
® SECONDED : Councilman Niederkorn
7
May 13, 2002 Town Board Meeting
Approved 611012002
VOTE : Supervisor Valentino , nay; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The •
motion was carried .
Supervisor Valentino explained her vote stating , " Not on the principles , let me just say that .
That on the legal responsibilities that I feel the Town has that we just passed over today.
Agenda Item No 11 = Consider Renaming Pennv Drive to Pennv Lane and Pinewood
Drive to Pinewood Place
Penny Drive to Penny Lane
Dan Walker explained to the Board that the project involving this road was adopted in two
phases and the Board adopted two different names for the road : Penny Lane at one end ,
Penny Drive at the other. The far west portion of the road is called Penny Drive . , the portion
coming off Abby Lane is called Penny Lane . The better recognized name is Penny Lane . Mr.
Noteboom talked to residents and Penny Lane is what most of the deeds say.
Pinewood Drive and Pinewood Place
Dan Walker explained that this road , located in the northeast , was also adopted in two
phases . The first block was named Pinewood Place , and the northern most part was named
Pinewood Drive at the second acceptance of the Road . There 's a Pinewood Place at one
end and a Pinewood Drive sign at the other end . Mr. Walker recommended naming the
entire road Pinewood Place stating that all the people on the road have been using Pinewood
Place .
RESOLUTION NO 2002-070- Renaming Pinewood Drive to Pinewood Place.
WHEREAS , 580 feet of Pinewood Drive was accepted as a Town highway in May
1972 ; and
WHEREAS , an additional 520 feet of highway extending from Pinewood Drive was
accepted as a Town highway in June 1976 as Pinewood Place ; and
WHEREAS , currently all the addresses on both roads use Pinewood Place as the road
name ; and
WHEREAS , it would be desirable to avoid confusion by conforming the street name to
the name used by the residents ;
NOW, THEREFORE , BE IT RESOLVED , that on the recommendation of the Highway
Superintendent , the Town Board of the Town of Ithaca does hereby rename the 580 feet of
Pinewood Drive to Pinewood Place ; and be it further
8
May 13, 2002 Town Board Meeting
Approved 611012002
RESOLVED , that pursuant to Section 64 (9 ) of the Town Law the Town Clerk shall ,
• within 10 days after the effective date of this resolution , notify the Tompkins County Division
of Assessment , the Planning Board of the Town , the Tompkins County Clerk , the Tompkins
County Engineer, and the Post Office Department of the United States of such re-
designation ; and it is further
RESOLVED, that the Town Highway Superintendent be directed to promptly arrange
for a change in signage so that said segment of road is properly designated as Pinewood
Place rather than Pinewood Drive on the effective date ; and it is further
RESOLVED , that the Town Supervisor and all other officers of the Town be and each
hereby is authorized and directed to take such additional steps as may be necessary to
effectuate the change of name set forth above .
MOVED : Supervisor 'Valentino
SECONDED : Councilman Klein
VOTE : . Supervisor 'Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
Councilman Niederkorn asked if the residents were aware of the pending name change and if
anyone objected . Mr. Walker stated that the residents were aware and were in favor of the
proposed name changes .
RESOLUTION NO. 2002-071 "Renaming PennV Drive to PennV Lane.
WHEREAS , a portion of Penny Lane was accepted in 1984 running from Abbey Road
(which is now Lois Lane) to its eastern terminus ; and
WHEREAS , 400 feet of Penny Drive was accepted in 1988 from the cul-de-sac to its
present terminus ; and
WHEREAS , Penny Lane from Lois Lane to the former cul-de-sac has been maintained
by the Town for more than 10 years ; and
NOW, THEREF=ORE , it is hereby
RESOLVED , that on the recommendation of the Highway Superintendent , the Town
Board of the Town of Ithaca does hereby approve the renaming of the 400 feet of Penny
Drive to Penny Lane ; and it is further
9
May 13, 2002 Town Board Meeting
Approved 611012002
RESOLVED , that the section of road between Lois Lane and cul-de-sac be approved •
as a Town road with the road right-of-way being deemed the Town 's by use ; and it is further
RESOLVED , that pursuant to Section 64 (9) of the Town Law the Town Clerk shall ,
within 10 days after the effective date of this resolution , notify the Tompkins County Division
of Assessment , the Planning Board of the Town , the Tompkins County Clerk, the Tompkins
County Engineer, and the Post Office Department of the United States of such re-designation
of Penny Drive to Penny Lane ; and it is further
RESOLVED , that the Town Highway Superintendent be directed to promptly arrange
for a change in signage so that said segment of road is properly designated as Penny Lane
rather than Penny Drive on the effective date ; and it is further
RESOLVED , that the Town Supervisor and all other officers of the Town be and each
hereby is authorized and directed to take such additional steps as may be necessary to
effectuate the change of name set forth above .
MOVED : Supervisor Valentino
SECONDED : Councilman Burbank
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
Agenda Item No 12 - Consider Approval of Noise Permit Application Form
Supervisor Valentino presented to the Board a proposed Noise Ordinance Application Form ,
The Board made the following changes and additions :
1 . Place the form on Town letterhead to provide the Town address and phone
number
2 . Include a space for the applicant's phone number(s)
3 . Add a certification line at the end of the application
4 . Add date property owner was notified and date property owner gave their
approval
The Board discussed notification of neighbors . The existing noise ordinance does not require
notification of a specified surrounding area . The existing law requires only a public hearing .
Attorney Barney stated he thought this was something the Board might want to leave a bit
flexible due the varying density of possible locations throughout the town ; it is something that
10
May 13, 2002 Town Board Meeting
Approved 611012002
can be raised at the hearing . It is more of a discovery question , who have you notified , more
than you must notify somebody about this .
• RESOLUTION NO . 2002-072 Approval of Town of Ithaca Noise Permit Application
WHEREAS , the Town of Ithaca has a Noise Ordinance adopted August 7 , 1989 that
contains a permitting procedure requiring an application to be filed with the Town Clerk, and
WHEREAS, the Town Clerk's Office has created a Noise Permit Application to
facilitate the permitting process , now , therefore , be it
RESOLVED, that the Town of Ithaca Town Board hereby approves the Town of Ithaca
Noise Permit Application form for use by permit applicants .
MOVED : Supervisor Valentino
SECONDED : Councilwoman Grigorov
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The motion
was carried unanimously .
Supervisor Valentino asked Mr. Bill Hilker if he was present regarding an agenda item . Mr.
Hilker stated he was there about the request for Town water to Burns Hill . He told the
Board he had heard there were concerns about his future use of the property with regards to
water and he had come to talk about it . He wanted "to let the Town Board know he had no
intention of subdividing" . Supervisor Valentino replied that it was not on the agenda for the
meeting . She has requested that it be put on the agenda for the Public Works Committee
and then back to the Capital Projects Committee .
Additional Agenda Item No. 1 — Approve the Concept of Leasing Space on Christopher
Lane Water Tank for Installation of the Independent Wireless One Leased Realty
Corporation Communication Equipment (Attachment #5 — Letter and Proposed Lease
Agreement))
Mr. Byron Elias , Wireless One , appeared before the Board .
In response to questions from Councilman Burbank , Supervisor Valentino stated that there
were similar existing agreements in the Town .
•
11
May 13, 2002 Town Board Meeting
Approved 611012002
Councilman Klein commented that , unlike the Sapsucker Woods location , this is in a
neighborhood where the Town has been trying to fix up that site , re- landscape it , get it •
cleaned up , no longer use it for a constant storage yard .
Councilman Klein asked if the Town Board passes the resolution and the Planning Board and
/ or Zoning Board turn down the project , does the Town have to enter into a lease?
Mr. Elias told the Board that even if the Town signed the lease , it is always subject to ZBA
and Planning Board approval .
In response to Supervisor Valentino ' s questions regarding traffice , Mr. Elias stated that , after
completion of construction , vehicles ( pick up truck or van with a box on the back of it) would
be taken on -site about once a month .
Mr. Elias showed the Board a picture of the needed structure : a 9 'x12 ' concrete pad with
metal boxes , like a refrigerator, on it . They will put a screen around it , anything we want .
Wires will be either underground or above-ground to the tank and up the side of the tank to
the antennae themselves .
RESOLUTION NO 2002- 073 — Approve the Concept of Leasing Space on Christopher
Lane Water Tank for Installation of Independent Wireless One Leased Realty
Corporation Communication Equipment
RESOLVED , that the Ithaca Town Board approves the concept of leasing space on
the Christopher Lane water tank to Independent Wireless One Leased Realty Corporation to
install wireless communications equipment . Such installation to be pursuant to a lease
containing such terms as the Town Supervisor, with the assistance of the Attorney for the
Town , may negotiate for submission to this board for final approve . Such lease to be subject
to Independent Wireless One Leased Realty Corporation obtaining all requisite approval
including approval of the Town Zoning Board of Appeals and Town Planning Board ; and it is
further
RESOLVED , that the Town Supervisor be authorized to negotiate a lease agreement
with Nextel for final presentation to the Board for final approval .
MOVED : Councilwoman Grigorov
SECONDED : Councilman Niederkorn
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ;
Councilman Klein , aye ; Councilman Burbank , abstain ; Councilman Niederkorn , aye . The
motion was carried .
12
May 13, 2002 Town Board Meeting
Approved 611012002
Mr. Barney and Supervisor Valentino told Mr. Elias that the company's attorney could contact
• them to begins discussing the lease agreement .
Agenda Item No. 13 - Discussion of Auctions Ordinance
Ms . Hunter reported that during the codification process an Auctions Ordinance came to light
that no one was aware of and no one is enforcing .
Mr. Burbank and Mr. Niederkorn questioned the thinking behind the ordinance and remarked
upon the hefty fee .
Ms . Hunter asked the Board how they wanted to proceed : did the Town want to enforce the
ordinance , or did they want to repeal it?
RESOLUTION NO. 2002=074 = Set Public Hearing Date to Consider and Ordinance
Repealinq the Ordinance Regulating Auction Sales
BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at
the Town Hall , 215 North Tioga Street , Ithaca , New York on the 10th day of June , 2002 for the
purpose of considering an ordinance repealing the Ordinance Regulating Auction Sales
enacted April 7 , 1955 ; and it is further
RESOLVED , that at such time and place all persons interested in such contract may be
heard concerning the same ; and it is further
RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to
publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca,
Ithaca , New York , said publication to occur not less than ten days before the day designated
above for the public hearing .
MOVED : Councilwoman Russell
SECONDED : Councilman Klein
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
Agenda Item No . 14 on Approval of CaVuga Lake Watershed IntermunicipaI Organization
Call for Cooperation (Attachment #6 — Letter from 10 and copy of agreement)
13
May 13, 2002 Town Board Meeting
Approved 611012002
Mr. Carvill stated that the Town had budgeted $900 . 00 for this .
Councilman Niederkorn asked if any of the municipalities with small budgets had complained
about the flat $900 . 00 fee . Councilman Burbank expressed concern that the fee structure
might not encourage participation . Councilwoman Grigorov, Town representative to that
organization , stated that she thought some of the smaller communities had complained , but
they had paid the $900 . 00 . She stated that some members were afraid that if a community
gave more they would expect to have more influence , but the 10 was aware of the issue and
may change the fee structure .
The Board noted that a copy of the bylaws , Addendum B , was not included in the materials
sent by the Organization . John Barney recommended , and the Board discussed , striking
Paragraph Eight because of the missing bylaws . As part of last year's review of the bylaws ,
the Board had recommended the following change : the bylaws contained provisions for a
certain percentage of the members of the 10 that were needed to change the bylaws ; per
Attorney Barney, is not the Intermunicipal Organization that can change the bylaws , it is the
municipalities that make up the 10 .
RESOLUTION NO. 2002=075 — Authorization to Execute Cavuqa Lake Watershed
Intermunicipal Organization Intermunicipal Agreement Regarding the Cayuga Lake
Watershed Restoration and Protection Plan
WHEREAS , the Town of Ithaca has participated in the Cayuga Lake Watershed
Intermunicipal Organization and the Town ' s representative has been an active participant in
the development of the restoration and protection plan , and ;
WHEREAS , Carolyn Grigorov , the Town 's representative to the organization , has
recommended the Town Board execute the agreement continuing the Town 's participation in
the Cayuga Lake Intermunicipal Organization and pay the annual membership fee of
$900 . 00 ; now, therefore , be it
RESOLVED , that the Town Board of the Town of Ithaca authorize the Supervisor to
sign the Cayuga Lake Intermunicipal Organization Agreement presented to this meeting ,
modified by deleting paragraph "eighth " referring to the modification of the by- laws ; and it is
further
RESOLVED , that the Town of Ithaca pay the membership fee of $900 . 00 to the
Cayuga Lake Watershed Intermunicipal Organization .
MOVED : Councilwoman Russell
SECONDED : Councilman Klein
14
May 13, 2002 Town Board Meeting
Approved 611012002
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov, aye ;
• Councilman Klein , aye ; Councilman Burbank , abstain ; Councilman Niederkom , aye . The
motion was carried .
Agenda Item No. 1 = Consider Resolution on ADA Compliance for Town Hall Parking
Lot
Supervisor Valentino reported that she had been called to mediate with a Mr. John Reynolds
who said the Town Hall parking lot was not in compliance with handicapped parking
regulations . She had the mediation . The Town is not in compliance : we had six feet and it
should be eight . Mr. Reynolds questioned whether 8 ' would be enough in light of the curb
being there . The Town agreed to do a test to make sure the 8' would accommodate a van
and a wheel chair. They did the test with a Gadabout van , which is wider than a private van .
Everyone present at the test agreed that the eight-foot would work . Under the agreement we
were to provide a videotape of the test . It was taken , but Supervisor Valentino was uncertain
if it came out . Digital pictures were also taken . They came out well and will be supplied to
Mr. Reynolds along with the videotape . Striping will be done and the arrow on the sign will be
painted over to comply with the law . A sign for the wall needs to be done by May 31St
One of the other requests Mr. Reynolds made during mediation was for the Town Board to
pass a resolution requesting that the City replace the two handicapped parking spaces they
took away outside of Town Hall during renovation of the building : one on Tioga Street , one
on Buffalo Street . The handicapped space in the Town parking lot is for employees . There is
no public handicapped parking on the street .
Dan Walker reported the Town is proposing one in, front of the Post Office and one on Buffalo
Street close to our entrance ramp .
In response to another request made by Mr. Reynolds , Mr. Walker assured Supervisor
Valentino that handicapped parking at the new Public Works Facility would be in compliance .
Another, more troublesome , part of the mediation was that Mr. Reynolds wanted the Town to
pass a resolution urging the City of Ithaca to bring their facilities into compliance . Board
consensus was that this was an inappropriate request for the Town to make (not the Town 's
jurisdiction ) and authorized Supervisor Valentino to advise the mediator.
Mr. Reynolds also requested a press release from the Town in support of ADA containing a
statement that people should be diligent in observing handicapped parking regulations .
• Councilman Niederkorn recommended changing the wording in the proposed resolution :
from " it appears that the City of Ithaca may have removed two handicapped" to "it appears
15
May 13, 2002 Town Board Meeting
Approved 611012002
that two handicapped parking spaces may have inadvertently been removed" . He objected to •
the accusatory tone . Mr. Barney redrafted the resolution .
RESOLUTION NO. 2002-076 - Requesting the City of Ithaca to Restore Two On-Street
Handicapped Parking Spaces in the Vicinity of the Ithaca Town Hall.
WHEREAS , two handicapped parking spaces were removed from in front of the
United States Post Office at about the time it was being converted to the Town Hall ; and
WHEREAS , there continues to be a need for handicapped parking spaces to serve not
only the Post Office but also the new Town Hall ;
NOW, THERFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby requests the City of Ithaca to designate two additional handicapped parking spaces
on North Tioga Street or on East Buffalo Street within a block of the Town Hall at 215 North
Tioga Street ; and it is further
RESOLVED , that the Town Supervisor and all other officers of the Town be and each
hereby is authorized and directed to take such additional steps as may be necessary to
effectuate the intent of the foregoing resolution , including submitting a copy of same to the
Mayor of the City of Ithaca .
MOVED : Councilman Niederkorn
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
Agenda Item No 16 - Announcement of Filing and Availability of Ethics Disclosure
Statements
Supervisor Valentino announced that , in compliance with the Town 's Ethics Law, the Ethics
Disclosure Statements had been received and were on file in the Town Clerk's Office and
available for public review. A public notice stating this will be published in the newspaper.
The Board discussed the need to review the Ethics Law and Councilwoman Russell reported
that she had obtained copies of model laws from the Association of Towns .
16
May 13, 2002 Town Board Meeting
Approved 611012002
OTHER BUSINESS
Municipal Officers Meeting - Supervisor Valentino reported that the next meeting is
scheduled for May 2 .1 .
Tompkins County Public Library - Cornell and the library are putting together a
community read of the book Frankenstein . The Board authorized Supervisor Valentino to
offer general Town support for a community read and possible use of Town Hall for
community discussion .
Request for 4-way Stop on Honness and Pine Tree - Supervisor Valentino reported the
Town request for a 4--way stop was denied .
Cayuga Heights Fire Department - Supervisor Valentino receives the department' s monthly
report and it will be included in the Town Board correspondence folder.
Supervisor Valentino reported that during negotiations for the fire contract , Cayuga Heights
had voiced a reluctance to have the City of Ithaca be the first that they would call for mutual
aid . This has to do with volunteer versus paid fire department stuff . A clause is in the
contract that Cayuga Heights can use their judgment ; if they don 't call the City of Ithaca they
have to provided written support for their choice . Cayuga Heights Fire Department did call
the City of Ithaca as part of a recent garage fire in the Town and the mutual aid went
extremely smooth . Everybody got along very well .
New Building Codes - Mr. Frost reported that he had been at the Fire Academy for three
days of training . The new code will be phased in beginning in July and be totally in effect by
January of 2003 .
Mr. Frost stated that , as far as he was aware , there would not be any impact on our local
sprinkler ordinance . Councilman Klein asked that Mr. Frost confirm this .
Agenda Item No. 117 ,- Consent Agenda
RESOLUTION NO . 2002-077 - Consent Agenda Items ,
BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves
and/or adopts the resolutions for Consent Agenda Items .
MOVED : Councilwoman Grigorov
SECONDED : Councilwoman Russell
17
May 13, 2002 Town Board Meeting
Approved 611012002
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The •
motion was carried unanimously.
RESOLUTION NO . 2002-077a — Town Board Minutes of April 8 , 2002
WHEREAS , the Town Clerk has presented the minutes for the Town Board Meeting
held on April 8 , 2002 to the governing Town Board for their review and approval of filing ;
NOW , THEREFORE , BE IT RESOLVED , the governing Town Board does hereby
approve for filing the minutes for the meeting held April 8 , 2002 as presented at the May 13 ,
2002 board meeting .
MOVED : Councilwoman Grigorov
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ,
aye ; Councilman Klein , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
RESOLUTION NO . 2002-077b - Town of Ithaca Warrants.
WHEREAS , the said vouchers have been audited for payment by the said Town
Board ; now therefore be it
RESOLVED , that the governing Town Board hereby authorizes the payment of the
said vouchers in total for the amounts indicated .
VOUCHER NOS . 4973 through 5096
General Fund Townwide $ 108 , 275 . 45
General Fund Part Town 16 , 005 . 82
Highway Fund Part Town 71 , 076 . 26
Water Fund 36 , 245 . 51
Sewer Fund 9 , 353 . 04
West Hill Water Improvement 21897 . 77
Fire Protection Fund 516 , 128 . 08
Risk Retention 213 . 00
Forest Home Lighting District 167 . 66
Glenside Lighting District 60 . 10
Renwick Heights Lighting District 84 . 16
18
May 13, 2002 Town Board Meeting
Approved 611012002
Eastwood Commons Lighting District 175 . 67
Clover Lane Lighting District 20 . 18
• Winner's Circle Lighting District 60 . 10
Burleigh Drive Lighting District 61 . 80
West Haven Road Lighting District 231 . 08
Coddington Road Lighting District 136 . 49
TOTAL $ 7607961 . 09
MOVED : Councilwoman Grigorov
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
RESOLUTION NO . 2002-077d - Records Management Disposition Listing (Attachment
#7
WHEREAS , THE Records Management Officer has determined that the attached
listing of outdated and duplicate copies of records are eligible for disposition according to the
State Archives and Records Administration ( SARA) Records Retention and Disposition
Schedule MU - 1 ; and
WHEREAS , the Town Supervisor, Records Management Officer (Town Clerk) , and
Department Heads have reviewed and approved the disposition of the said records ; now,
therefore , be it
RESOLVED , the governing Town Board does hereby authorize and direct the Records
Management Officer to dispose of the records as described in the attached listing according
to the procedure developed by SARA .
MOVED : Councilwoman Grigorov
SECONDED : Councilwoman Russell
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
® motion was carried unanimously.
19
May 13, 2002 Town Board Meeting
Approved 611012002
Agenda Item No . 18 — Report of Town Committees
Codes and Ordinances — There is a public meeting on the proposed zoning ordinance
Thursday night at 7 : 00 p . m .
Public Works — Discussed the water and sewer lines on West Hill and around the hospital
and reviewed the Public Works Facility .
Agenda Item No. 19 — Report of Town Officials (Attachment #8)
Director of Human Resources — Judy Drake will be setting up a meeting with other Town
Supervisors to discuss a health insurance consortium .
Budget Officer — Mr. Carvill expressed his concerns regarding New York State Department
of Environmental Conservation ' s automated hunting / fishing licensing program and the
requirement of this program that the Town provide New York State with electronic access to
Town of Ithaca bank accounts . The Board authorized Mr. Carvill and Ms . Hunter to further
explore withdrawing from the program .
Mr. Carvill told the Board he would be investigating information he had received from another
Township regarding New York State Court Administration in companionship with counties are
pushing for the elimination of Town Courts .
Supervisor Valentino reported that Town mortgage tax revenue came in well ahead of the
Town 's projections . The sales tax money was also very healthy this quarter.
The Town has received the preliminary tax roles from the County and the Town has gained
33 million dollars in assessed value .
RESOLUTION N0v 2002-078 - Clarification of Resolution No. 2002-051 Approval of
Recreation Partnership By-Laws.
WHEREAS , the phrase " By- Laws " was omitted in the body of Resolution No . 2002-051
approved March 11 , 2002 due to a clerical error;
NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Town Board
approves the Recreation Partnership By- Laws in the form submitted and explained by the
Town Supervisor at the March 11 , 2002 Meeting .
MOVED : Councilwoman Russell
20
May 13, 2002 Town Board Meeting
Approved 611012002
SECONDED : Supervisor Valentino
• VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
Agenda Item No. 20 — Consider Executive Session regarding Real Property Acquisition
and Status of Bostwick Road Litigation (Attachment #9 — copy of letter from Peter N.
Littman on behalf o;f the Montessori School)
On motion by Councilwoman Grigorov , seconded by Councilman Niederkorn , the Board
entered into Executive Session at 9 : 10 p . m . for discussion of real property acquisition and the
status of Bostwick Road litigation . VOTE : Supervisor Valentino , aye ; Councilwoman Russell ,
aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman Burbank , aye ;
Councilman Niederkorn , aye . Motion carried .
On motion by Councilman Klein , seconded by Councilman Burbank, the Board returned to
regular session at 9 : 57 p . m . VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ;
Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilman . Burbank, aye ; Councilman
Niederkorn , aye . Motion carried .
RESOLUTION NO. 2002-079- Baldwin-Colle Land Acquisition.
RESOLVED , that if the Town acquires the Pew Trail from Mr. and Mrs . Baldwin and
Mr. and Mrs . Colle , and at the same time also receives a conveyance of the non -trail portion
of the Baldwin -Colle premises to the Town , the Town will increase the purchase price of the
non -trail parcel by an amount equal to the real estate taxes on all of the property payable by
the seller during the year 2002 .
MOVED :
SECONDED :
VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov,
aye ; Councilman Klein , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . The
motion was carried unanimously .
ADJOURNMENT
On motion by Councilwoman Russell , seconded by Councilwoman Grigorov , the meeting was
adjourned at 9 : 59 p . m .
21
May 13, 2002 Town Board Meeting
Approved 611012002
Respectfully submitted ,
Tee-Ann Hunter '
Town Clerk
Next Regular Board Meeting scheduled for Monday, June 10 , 2002 at 5 : 30 p . m .
22
TOWN OF ITHACA
TOWN BOARD
SIGWIN SHEET
DATE : Monday , May 13 , 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
Aoki u rW, (0C.0
ATTACHMENT # 1
X0/ / /7 �,E � ;�. T,s Gi � � 7ZO s tsC ;ei4 �; �� �,Q lic t ' c^Joc 'rv€ C-frl, cif145F la-1446x,
//t/'ilJ,�j� Tf-fl• c �H T.s ti✓'�'�_' iZ' � i���� .�:'Sc '�/l iT .LA-S / r�i1�. ' .CSST d r� /;��"a/Ec'!3� � �C �i %J/
�S �i<1B� %5 ,�ii•r-L /G'G < /�i:%�iGf�:�'u� � jc•s ;;�kZ'�'- �- i: 7� ivy~ ii��4 D� /`1L"cr.
�3 �-0irY�tr ti�5J.S rd.�dLLG"- C--'2,�('yi Qr.C�9 f-�i�- if7V9C-° '•.�.sE�
ln6±rte-,
/ ��4" .� /�� ' �.CJ�I// G'J // � � �.✓ _ - �I�Kr�f/ � .Y/�P�IG./�4�(.s• . _ iIV��'�1 � �/L 1.•, �%I /� /`ry .G �S J,
t`/ C /-iG �l s�+cisv? TiE'S, ), 7;X46 clA s' 7G x�� r�i�°,�rJ ' .�c�sst r tyrL
iLli ie.
7'4f/S /
/l,!i"c'.C�'.=� %�`fE':� C�/� ff<?:,� ,�C�I,C'S' .'�.Z%� �'S�C�t.�� /�r�i T%�S Ez>l iK .�6�%1.u� •� ;D:S%1:s'l`f ' '�
A4r �t �c� '`•ter` 40-et>4;4 'J eL
C d �'i 1/_!_<�/1ZA� [� t ?.� i�1�!%�'�%.ii�L.•s_/ �'. r /"/., � �i,�Ch' .,Si�{i�i N.�1-3� c�� L,r.� L_t:.. .��c � r �'�J �``i i��'i; D�j!
���fi�i1ti3 Cam /��iG� �i,�i ,t�.�3 %� t.! /CK ? C'L^r. %•�gE . � ��1�� a�+� 'si-�!� [��/'G %/i,%• `iliLL%<<C! �
�' S�k• iS %��is CcJ�% 'SC° /� % ti• , CH44 : . �F 77�Z dor Air, Ct?Lr - edF�.T
45 //A/'_. cF'F %//e C�c�;vr� �i"et'rF.Y-/ i .�'l/� =t L ��/ rS IZ �' ' t�• scc-�S �E ;�
/ti% . ti i'ar:S'
i'� ioe
ATTACHMENT # 2
MEMO
DATE : May 7 , 2002
TO : Town Board
FROM : Tee- Ann Hunter
RE : U . S . ARMY RESERVE USE OF PARKS AND TRAILS
The U . S . Army Reserve has asked for and been granted permission to use a portion of the
South Hill Trail ( Burns Road to Hudson Street) on June 9 , 2002 from 10 : 00 a . m . to 2 : 00 p . m .
Four groups of approximately 20 un -armed , uniformed Reserves will be marching . Pursuant
to our local law, they will be charged a $25 . 00 fee with a $50 . 00 security deposit . Sergeant
Bill Fearn of the Reserves has requested that the fees be waived ( letter attached) .
While our Town Hall Use policy allows governmental entities to use the Town Hall free of
charge , no such provision exists in our Parks and Trail Use Law. Under our existing law such
a variance needs Town Board approval .
Tee-Ann
ATTACHMENT # 2
DEPARTMENT OF THE ARMY
UNITED STATES ARMY RESERVE
HEADQUARTERS , 2ND BATTALION , 389TH REGIMENT, 98TH DIVISION ( IT)
101 SUNRISE ROAD
ITHACA , NEW YORK 14850
06 MAY 2002
SUBJECT: REQUEST FOR FEE WAIVER FOR PERMIT APPLICATION
1 . It is our understanding that our PERMIT APPLICATION for June 09 , 2002 has been
approved . The approval is for use of the Walking Trail paralleling Coddington Road
from Burns Road to trail head on Hudson Street or Coddington Road .
2 . We seek a fee waiver and security deposit for this use . As a U . S . Government
entity , we do not have discretionary funds available .
3 . We anticipate four increments of twelve to fifteen personnel per increment at
approximately thirty minute intervals . Therefore , there should be, no more than thirty
personnel on the trail at any given time . We will be attired in our BDU ' s with Kevlars
Helmets and Ruck Sacks .
4 . This is part of a conditioning exercise for our unit . We are a Drill Sergeant Unit,
training new recruits at Basic Training . Part of this training includes marches of various
lengths . This exercise of June 9th helps ensure our unit's mission will be successful .
5 . POC is William Fearn (sjwjfearn @juno . com) or Robin Eric (607) 2. 72-3515 .
WILLIAM J . FEAR
SFC , OPERATION T INING
U . S . ARMY RESERVE
gWI
A ...`
DRAFT APPENDIX B TO JOINT SEWER AGREEMENT DRAFT
ATTACHMENT # 3
lntermunicipal Sewer Agreement
Appendix B
Allocation of Capacity
Section 5 of the Joint sewer agreement specifies that capacity allocation is to be based on Master Sewer Flow
meters and, if necessary, information from other appropriate system monitoring. A five year average peak
flow will be used for capacity monitoring and will be reviewed annually as part of the budgeting process.
To determine initial capacity allocation
Capacity at IAWWTP has been allocated based on capital investment by the 3 original partners
City of Ithaca 57 . 15 % 7 .430MGD
Town of Ithaca 40.87% 5 .313MGD
Town of Dryden 1 .98% 0.257MGD
Capacity at VCHWWTP has been allocated on current usage by 5 municipalities as shown in TABLE 4.
Annual usage has been based on Water meter flow readings (dry weather flows)
Actual usage and excess capacity must take wet weather flows into account and an analysis of flows for the
past 6 years for the IAWWTF is shown in TABLE 1 and the VCH plant is shown in TABLE 2 . Based on the
data available the plant peaking factor has been estimated to be an aggregate ratio of 1 .4 times the average
annual flow.
Water meter readings and sewage flow meter readings for the year have been analyzed for a twelve month
period and the aggregate average ratio of water meter readings to average annual flow in the IAWWTF has
been estimated at 1 . 5
To calculate the existing use of the combined wastewater plants the 2001 peak flow values for Table 4 were
computed based on water meter readings adjusted by the ratio of 1 .5 to generate average sewer flow for each
municipality and the peak capacity used was determined by applying the 1 .4 peaking factor.
DWalker Page 1 3/21 /02
TABLE .1 .0
ITHACA AREA WASTE WATER TREATMENT PLANT
AVERAGE DAILY FLOW BY MONTH
( MGD)
YEAR 1996 1997 1998 1999 2000 2001
JAN 6 . 25 7 . 91 9 . 18 5 .27 6 . 29 4 . 70
FEB 6 . 51 7 .40 8 .67 6 . 05 8 .68 6 . 30
MARCH. 7 . 16 7 . 20 9 . 11 7 . 33 8 . 12 8 . 58
APRIL 6 . 53 9 . 89 8 . 89 6 . 60 10 . 79 7 . 88
MAY 6 . 08 10 . 00 8 . 99 5 . 23 9 . 15 5 . 96
JUNE 5 . 17 6 . 35 6 .66 4 . 18 7 . 32 5 . 98
JULY 5 . 74 6 . 14 6 .69 4 .47 6 . 33 5 . 29
AUG 5 .25 6 . 39 5132 4 .74 5 . 63 5 .40
SEPT 5 . 57 7 . 00 6 . 13 6 . 84 5 . 85 6 .40
OCT 6 .89 7 . 37 5 . 82 6 . 17 5 . 85 5 . 80
NOV 7 .30 9 . 35 5 .31 4 . 84 5 . 17 5 .50
DEC 6 . 13 8 . 85 4 . 39 5 .67 4 . 57 5 . 80
6 . 22 7 . 82 7 . 10 5 .62 6 . 98 6 . 13
7 . 30 10 . 00 9 . 18 7 . 33 10 . 79 8 . 58
5yr AVG 6y' AVG
ANNUAL AVG 6 .7 ; 6 . 64
PEAK MONTH 9 . 18 8 .86
Peak month/Annual Average = 1 . 36 1 .33
IAWWTF Flow Calculations for 2002 Budget
Flow volumes based on Water meter readings
City of Ithaca 130, 341 , 600 CF = 974 , 955 , 168 Gal = 2 .671 MGD
Town of Ithaca 711490, 444 CF = 534 , 748, 521 Gal = 1 .465 MGD
Town of Dryden 3 , 616 , 912 CF = 27 , 054 , 502 Gal = 0. 074 MGD
n n am
M I
CD
o ^ to m g ; vo m m N
LL
to N
ai [7 471 (i 0 i0 OD
O a) 0 3 tpn Z m no
N O m
LL m v N d' 30
LL
m CO) n to
n n h m
N m n m `y
O O n t7 at 0 3 n N O PNI
C O N U7 p
LL
n d N
O
m v m
m m
C N d
Q �_ n ; o n m
Q v N R O O r a � O N N N d
LL Q LL
3
N QI n
N m N LL `y O O O O
N O O O O
O
to O n W
0 to Pf r Q' 30 .- r r tU O N .-
> 0
LL Q
L_
m cn A O C O N 0 O
N O N O O O at m h to
y y O N t7 17
O L O m d d n
O OD m N '� 3 O N cm m A co A
O %6 t7 p N = 30 O to V
LL 0
N O Cmo m
O
O m d m 3 t7 N O N p 3 O A O
(n to O Qom' 0 r r N af 0 C O
LL O LL
0 0 0 0
to A � to `y LL d O O O O
O N CD m O
m tD O v T Q 3 N N O N m d
QQ � .- r r r y It tV
LL
Q
L
N A m m C n O N
N M (D m
v to N t0 d � d tD v UY m
O d O N
� CO)
Q � 0 r J 30 d t7
LL LL
a) O m
N N of
e v w y y
o p .£ m n an' '� 3 tao', t°iD_ o m
A t0 N Q' O r r r O '\ r
LL 3 LL n r
O N t7 LL O O O O
O_ W m Q T y O O O O
O O O O
O m m O tD m N
Td A N w 0 3 A N tQ/I N O A m r
0 m T m N Q O N N N Q
CM
N V N .-
O
_N LL N 3
O C
O O t0 N O C m N N t0
O O at N N Q N LO N N
N O N CO) C'1 `y d Q m (D
O m v O ai 0 M N m t0 O t0
a q m an n to 3 N rn m O o to
N a n A m f7 l9 n to O
Q O N O N N Q 30 m O N
y 0 LL
LL - y
T p E 3 ° cD °
D
> N
O N m v
O
Q r
LL 3
T
m
0 O 30 O U 3D _O 0 O
OI LL O IL LL LL O LL LL LL 03 ty LL
2 v a 2 m u a Z m D .
> T W T 0
L L
Q V L Q U Q V
CL = LL L - a t = a L_ = O
J O O J r O O J O O
3 Z Q O C C Q O C C Q O C C
Q U O a O O 0 0 O O T O O
F- U F f- f- U H F H U H F-
TABLE 2 .0
VCH WASTE WATER TREATMENT PLANT
AVERAGE DAILY FLOW BY MONTH
( MGD)
YEAR 1996 1997 1998 1999 2000 2001
JAN 2 . 15 1 . 92 2 . 68 1 .75 1 . 82 1 .59
FEB 1 . 99 2 . 13 2 . 56 1 .21 2 . 52 1 . 80
MARCH 2 . 32 2 . 31 2 . 52 2 .27 2 . 25 3 .29
APRIL 2 . 76 2 . 19 2 . 30 1 . 83 2 . 73 2 . 07
MAY 2 .61 2 . 14 1 . 95 1 . 39 2 . 30 1 .61
JUNE 1 .92 1 . 53 1 .66 1 . 25 1 . 92 1 .75
JULY 1 . 78 1 . 39 1 . 53 1 . 21 1 .47 1 . 57
AUG 1 . 86 1 . 28 1 . 32 1 .25 1 . 34 1 . 87
SEPT 1 . 83 1 .43 1 .45 1 . 56 1 .49 1 . 94
OCT 2 . 00 1 . 36 1 .49 1 .50 1 . 55 1 .48
NOV 2 . 33 2 . 06 1 . 38 1 . 52 1 .55
DEC 2 . 51 2 . 00 1 . 36 1 .65 1 . 59
ANNUAL AVG 2 . 17 1 . 81 1 . 85 1 . 53 1 . 91 1 .87
PEAK MONTH 2 . 76 2 . 31 2 .68 2 . 27 2 .73 3 .29
5yr AVG 6yr AVG
ANNUAL AVG 1 .79 1 . 86
PEAK MONTH 2 . 66 2 .67
Peak month/Annual Average = 1 .48 1 .44
Evaluation of available capacity and Usage by Municipality 1 /24/02 DRW I
Basis is Bill Gray Memo Dated 12120101 modified by analysis of water meter readings and flow meter
readings
TABLE 4 . 0 Allocation of Capacity
MUNICIPALITY 2001 PEAK PEAK FLOW EXCESS
FLOW CAPACITY CAPACITY
( MGD ) ( MGD ) ( MGD)
City of Ithaca 5 . 800 7 .487 1 . 687
Town of Ithaca 3 . 812 5 . 355 1 . 543
Town of Dryden 0 . 168 0 .258 0 . 090
Cayuga Heights 0 . 640 0 . 950 0 . 310
Village of Lansing 0 . 820 0 .820 0 . 000
Town of Lansing 0 .230 0.230 0 . 000
11 .470 15 . 100 3 . 630
TABLE 5 . 0 Future Flows and Required Treatment Capacity
Peak Flows in MGD
MUNICIPALITY 2001 PEAK 2021 EST . 2021 EST . 2001 PEAK 2021 EST .
FLOW ADDITIONAL PEAK FLOW FLOW EXCESS
( MGD ) FLOW CAPACITY CAPACITY
City of Ithaca 5 . 800 1 . 280 7 . 080 7 .487 0 .407
Town of Ithaca 3 . 812 0 . 770 4 . 582 5 . 355 0 . 773
Town of Dryden 0 . 168 0 . 040 0 . 208 0 . 258 0 .050
Cayuga Heights 0 . 640 0 . 140 0 . 780 0 . 950 0 . 170
Village of Lansing 0 . 820 0 . 200 1 . 020 0 . 820 ( 0 . 200 )
Town of Lansing 0 . 230 0 . 570 0 . 800 0 . 230 (0 . 570 )
1 ,1 . 470 3 . 000 14 .470 15 . 100 0 . 630
Modified DRAFT ( 4/19/01 ) DRW
PROPOSED UNIFIED SEWER PARTNERSHIP
PERMITTED CAPACITY OWNERSHIP VS . CURRENT CAPACITY USAGE
MUNICIPALITY PLANT PERMIT % EXIST OWNED NEW % ANNUAL % O& M EXS CAP % EXS
City of Ithaca IAWWTP 13 57 . 15% 7 . 430 49.53% 2 . 83 53 .78% 4.600 47 .23%
Town of Ithaca IAWWTP 13 40 . 87% 5 .313 35 . 42% 1 .46 27 . 75% 3.853 39 .57%
Town of Dryden IAWWTP 13 1 . 98% 0.257 1 .72% 0 .08 1 .52% 0. 177 1 .82%
Town of Dryden CHWVITP 2 0.25% 0.005 0. 03% 0.005 0. 10% - 0.00%
Town of Ithaca CHWV/TP 2 9. 80% 0. 196 1 . 31 % 0. 196 3.72% - 0 .00%
Town of Lansing CHWWTP 2 7 . 90% 0. 158 1 . 05% 0. 158 3 .00% - 0.00%
Village of Lansing CHWWTP 2 15 . 55% 0.311 2. 07% 0.311 5 .91 % - 0.00%
Village Cayuga Hgts CHWWTP 2 66 . 50% 1 . 330 8. 87% 0.222 4 .22% 1 . 108 11 .38%
15 .000 100. 00% 5 .262 100.00% 9.738 100.00%
NOTES :
-The Village of Cayuga Heights would recognize the outside municipalities current usage as "ownership* of capacity.
-The Towns of Ithaca and Dryden contribute their current "ownership" to the Town and Village of Lansing.
-All flows are based on dry weather ( MGD).
- Inflow and Infiltration is to be the responsibility of the individual municipality, not the WWTPs. ( not previously discussed)
SCHEMATIC DIAGRAM OF TRANSMISSON (AS OF 12/31 /00)
T/LANSING T/DRYDEN T/DRYDEN
OWNED EXCESS USED OWNED EXCESS USED OWNED EXCESS USED
0. 158 - 0. 158 0.005 - 0.005 0 .257 0. 177 0.08
TRANSMISSION = 0 . 15E TRANSMISSION = 0 .005 TRANSMISSION = 0. 08
V/LANSING T/ITHACA T/ITHACA
OWNED EXCESS USED OWNED EXCESS USED OWNED EXCESS USED
0. 311 - 0.311 0. 196 - 0 . 196 5 . 313 1 3,8531 1 .46
TRANSMISSION = 0.469 TRANSMISSION = 0.201 TRANSMISSION = 1 .540
V/CAYUGA HEIGHTS C/ITHACA
OWNED EXCESS USED OWNED EXCESS USED
1 . 330 1 , 1081 0.222 7 . 430 1 4,6001 2 . 83
TRANSMISSION = 0. 892 TRANSMISSION = 4 . 370
VCH WWTP »» »> UNIFIED PARTNERSHIP «««< IAWWTP
OWNED EXCESS USED I OWNED EXCESS USED OWNED EXCESS USED
2 .000 1 , 1081 0. 892 15 .000 9.738 5 .262 13 .000 8.630 4 .370
CAYUGA1AKE
ATTACHMENT #4
TOWN OF ITHACA Agelda ` 0
PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD
FROM : JONATHAN KANTER, DIRECTOR OF PLANNING
RE : SUPPORT OF VITAL COMMUNITIES INITIATIVE —
DEVELOPMENT AND PRESERVATION PRINCIPLES
DATE : MAY 85 2002
The Tompkins County Planning Department has been working for over a year on
developing an outline of Development and Preservation Principles as part of their Vital
Communities Initiative . County staff presented an earlier draft of the Development and
Preservation Principles at the November 8 , 2001 Town Board meeting. The County
Board of Representatives is now considering the adoption of these Principles. Before
they act, they are interested in hearing from municipalities and the public regarding the
Principles.
I attended a public meeting on the Vital Communities Initiative Development and
Preservation Principles held by the County on April 11 , 2002 . County staff indicated that
adoption of the Principles by the County Board of Representatives could help guide the
County in a number of areas in which they are currently involved, such as designing and
building County facilities, focusing grant money for projects that are supportive of the
Principles, providing regional coordination and assistance to municipalities for natural
resource and open space issues that cross municipal borders, providing guidance to the
Industrial Development Agency in economic development decisions, and guiding
investments in County roads and transportation facilities. In particular, the County
Planning Department is proposing to update the Tompkins County Comprehensive Plan
(which was last prepared in 1975 and was never adopted by the Board of
Representatives) . These Principles would provide the County with a basis to begin a
Comprehensive Plan update.
Staff has reviewed the Development and Preservation Principles (Last Revised March 14,
2002 - a copy is enclosed for the Board ' s review and consideration) and compared them
with the goals and objectives stated in the Town of Ithaca Comprehensive Plan (adopted
September 1993 - refer to pages III- 1 through III- 30) . In general , the Town ' s goals and
objectives provide! strong support for the Vital Communities Principles. This review
indicates that there are no apparent conflicts between the Town ' s Comprehensive Plan
goals and objectives and the County ' s Vital Communities Principles . In fact, the two sets
of statements are mutually consistent and complementary. Since staff is recommending
that the draft resolution (enclosed for the Board ' s consideration) focus on a statement of
support for County Board of Representatives ' adoption of the Principles, staff did not see
the need to prepare a detailed comparison of the Vital Communities Initiative Principles
with the Town ' s Comprehensive Plan goals and objectives, but suggests that Planning
Board members skim through pages III- 1 through 1I1-30 of the Comprehensive Plan
while reviewing the Vital Communities Initiative Principles . Also, since the Town has
adopted the goals and objectives in the Comprehensive Plan, which in most cases,
include more detail in the same subject areas as covered in the County Principles, staff
did not think that it would be appropriate for the Planning Board or Town Board to adopt
the Vital Communities Initiative Principles , but instead, to voice support for their
adoption by the County.
Some Town Board members may have had the opportunity to attend the May Bch
Planning Board meeting, which included an agenda item on this same topic . The
Planning Board adopted a resolution at that meeting supporting County Board of
Representatives adoption of the Vital Communities Initiative Principles, and
recommending that the Town Board consider a resolution of similar support.
Meanwhile , please feel free to let me know if you have any questions regarding this
matter.
Encl .
2
DRAFT
' Last Revised March 14, 2002
Development and Preservation Principles
Efforts are underway by public and private sector organizations throughout this community to guide change
in a new direction, from downtown Ithaca development to village and hamlet revitalization to rural land
protection . The Vital Communities Initiative builds on current efforts and seeks to develop a more
comprehensive, community-wide approach . The Vital Communities principles have been developed to help
guide governmental, private and non- profit groups in Tompkins County as they make decisions which
influence land use patterns and quality of life in neighborhoods and communities throughout the County.
Decisions such as where to site a housing development, what land to protect, or where to approve an
economic development loan all have land use implications and impacts . When trying to envision life in the
future, one thing is a givE!n : things will change . If past growth patterns give us an indication of future
growth, the types of changes we could see include :
Loss of population (and related loss of businesses and tax base) in the City and Villages;
More new commercial and residential development along roads in the rural and agricultural areas;
Increased traffic along rural roads and in the urban areas ;
Increased taxes to pay for additional public services (e . g ., water, sewer, schools, police, fire, public
transportation, and road construction and maintenance) ;
Loss of vitality in traditional community centers ;
Loss of agricultural lands, natural habitats, and open spaces
• Increased amount of time people spend in their cars;
Degradation of the quality and quantity of drinking water supplies, streams, and lakes .
lanning for the future is the _ only way to preserve and enhance the characteristics and attributes of
ompkins County that we most cherish, and to ensure that our communities remain healthy, vibrant, and
vital communities.
Principle 1
Build strong , cohesive neighborhoods and communities
a ) Encourage the development of diverse communities that provide a mix of uses, a variety of employment
options, social and recreational opportunities, and an assortment of amenities within walking distance of
residential development.
b) Enhance the quality of communities by improving the character of the built environment, including
visually appealing architectural elements and streetscapes that encourage . pedestrian travel ; facilitate
community interaction, and promote public safety .
c) Preserve and enhance the distinct identities and historic character of existing neighborhoods, and
encourage the development of new neighborhoods that possess their own special sense of place,
through attractive design of public places ; proximity to schools, parks and other services ; and
community festivals and events .
page I of 4
Principle 2
Encourage nodal development patterns that build on existing infrastructure and
population centers
a ) Strengthen and enhance the City of Ithaca 's downtown area as the urban center of the County.
b) Strengthen and enhance the villages and hamlets of the County as vital centers serving the rural
population .
c) Increase the amount and density of housing, office, and retail space in the central business districts
throughout the County .
d ) Use in-fill development to promote greater density by filling the existing "gaps" left by abandoned
buildings, vacant parcels available for development, and land located behind existing development along
roads.
e) Save public, costs by directing new development to places contiguous to existing development where
sewer, water, roads, and other necessary services already exist, or are planned as part of a
comprehensive plan to accommodate projected growth .
Principle 3
Promote choice and affordability in housing options
a ) Provide for a variety of living experiences, including rural , suburban, small villages, big villages, and
urban, each with its own distinct style and personality.
b) Protect consumers' housing choices throughout the County by providing a mix of choices (i . e ., location,
housing types, and neighborhood character) .
c) Provide more affordable housing options for low-to-moderate income residents .
d) Promote increased owner-occupied housing within neighborhoods in the County .
Principle 4
Protect natural resources , green spaces , and recreational resources
a) Preserve and protect open space, unique natural areas, wetlands, water and woodland resources,
scenic views, areas of natural beauty, and the rural character of Tompkins County .
b) Create, preserve, and enhance parks, hiking trails, active and passive recreation facilities, and historic
resources ; . enhance public access to Cayuga Lake .
c) Provide a system of interconnecting greenways and ecological corridors that connect agricultural lands,
natural areas, and open space .
d ) Protect water quality and quantity in the County's streams, lakes, and groundwater and consider the
potential regional impacts on water supply and wastewater management for all proposed developments .
e) Protect the areas where crucial aquifers are replenished and avoid new development in flood prone
areas .
_! A
Principle 5
Promote agriculture , protect farmland , and protect the rural economy
Protect prime agricultural soils and areas of contiguous agricultural activity .
Enhance the viability of existing farming operations and agricultural businesses, and encourage new
ones to be formed .
c) Encourage development that is designed to preserve open space and valuable agricultural land .
d ) Provide for a variety of formal and informal economic activities, such as private timber harvesting, agri-
tourism , and home businesses, which support a rural way of life .
Princip/e 6
Enhance development of a local economy that supports strong communities
a) Concentrate appropriate commercial, industrial , and retail development onto relatively small amounts of
land, in close proximity to housing and consumers, and in existing developed areas (through vertical
growth, where suitable) .
b) Support economic choices that employ local workers and provide family-supporting wages and benefits .
c) Provide a climate where locally-owned businesses can flourish by enhancing the County's natural
resources, arts and culture, lively urban core, and vital neighborhoods .
Support tourism in the area by encouraging local institutions, businesses, and facilities to better plan
and coordinate tourism related activities .
Enhance the capacity of: existing water and sewer systems to accommodate commercial growth in the
urbanized areas of the County .
Principle 7
Promote a multi -modal transportation system that encourages economic health and
community vitality
a ) Enhance and promote the use of bicycles and walking as viable forms of transportation by providing
public facilities, including multi-use trails, bicycle routes, and sidewalks .
b ) Enhance transportation options that allow passengers to transfer easily and safely from one mode of
transportation to another (e . g . , biking to bus service) .
c) Ensure that development: occurs in a manner that maintains the function and safety of the road network
in the area .
d ) Provide affordable and accessible public transportation to important destinations among outlying nodes,
the Ithaca urban area, and points outside the County .
Enhance transportation options, including freight and air service, to support business development,
while preserving the integrity of existing communities .
Promote a transportation system that supports nodal, compact development patterns and reduces
negative environmental impacts .
page 3 of 4
r,
• a
1
a VITAL COMMUNITIES
OF TOMPKINS courm
COMMENTS
Public Meeting, April 11, 1002
May be returned to Tompkins County Planning Department, 111 E. Court St., Ithaca, NY 14850
naordnfI
ATTACHMENT # 5
TEL 315 / 7360856
FAX 315 / 736-M
WEB SITE httpllwww.pp mhg�rokaage.com
PYRAMID BROKERAGE WEB SITE htlp//wwwjmk%vctcaw
COMPANY
New America International M
qU A 587 Main Street �re NY..
April 29, 2001 Mills, New Yak 13417 syrac„se
Rochmter
AUvy
The Honorable Catherine Valentino APR 3 0 2002 R w ,
CMWV
Ithaca Town Supervisor
215 N. Tioga Street ATTEST
Ithaca, New York 14850 ITHACAI CLERK
RE : Christopher Lane Water Tank VIA : AIRBORNE NEXT DAY
IWO AL53XC850 D
Dear Supervisor Valentino :
I would like to thank you for the opportunity to meet with me last week and for
introducing me to Jonathan Kanter, Director of Planning and Christine Balestra Lehman,
Planner. As per our conversation, I am currently working on a project for Independent
Wireless One Corporation (IWO) the SPRINT PCS affiliate in New York State and a
portion of New England . IWO is in the process of expanding the existing Sprint PCS
network of digital wireless facilities for its customers in the Ithaca area. To provide this
service, IWO requires the installation of multiple antenna sites over a given area to
insure uninternipted communication for the users will be obtained while in that service
area.
To that end, Pyramid Brokerage Company' s Site Acquisition Team has been contracted
by IWO to facilitate lease agreements for the IWO/ SPRINT PCS digital wireless
telecommunication antennas .
IWO ' s team of radio frequency engineers has determined that the Water Tank on
Christopher Lane is an ideal location for the antenna (Water Tanks and tall structures
are sought out for their already commercial use, elevation, and ease of antenna
installation) . IWO , with respect to requests and preferences by the Town Board, will
provide all technical aspects of installation and securing the site . IWO would pay the
Town of Ithaca $ 14,400 per year payable in monthly installments of $ 1 ,200 for the use of
the water tank .
I have enclosed for your review the IWO standard lease agreement normally used in
existing structure situations, the SPRINT PCS brochure Straight Talk on Wireless and the
Community, an :Entry & Testing agreement and Questions about Wireless Antennas.
Supervisor Valentino , during our conversation you stated that the Town Board has a
meeting on May 13 , and my request for use of the tower should be in before then If you
and the town board will look favorably on this request after your review of the enclosed
material .
In over 200 cities across: The United Stater Mexico Canada South America Europe Asia Pacific
CONtNIERCIAL REAL ESTATE SERVICES , WORLDWIDE ONE OR MORE OFFICES OR INDIVIDUAL MEMBER OF
AL
02/1/02 New York Version LEASE AGREEMENT
Site Name . rTH,4 CA ��}�Zk ( '�" '� Cascade No. A LS J YC 2 S<0 Q
1 . Premises and Use. The undersigned ("Owner") hereby leases to Independent Wireless One Leased Realty Corporation ("IWO"), a Delaware
Corporation , the site described on Exhibit A, together with easements for reasonable access thereto and to the appropriate, in the discretion of IWO,
source of electric and telephone facilities (collectively, the "Site"). The Site will be used by IWO for the purpose of installing, removing, replacing,
mo0ling, maintaining and operating, at its expense, a Communications Facility, including without limitation a personal communications service ("PCS")
system facility, antenna equipment (inclusive of microwave dish antennas), cable, wiring, back-up power sources (including generators and fuel storage
tanks), related fixtures and, if applicable to the Site, an antenna structure (collectively, the "Communications Facility"). IWO will use the Site in a manner
which will not unreasonably disturb the occupancy of Owners other tenants. IWO shall have access to the Site 24 hours per day, 7 days per week.
IWO shall have the right, at its sole cost, to survey or re-survey the Site; upon completion said surrey shall become Exhibit B to this Agreement and
ccntrcl in the event of any discrepancies between it and Exhibit A.
2. Term. The term of this Lease! Agreement (the "Agreement") is 5 years (the "Initial Term"), commencing on the date both IWO and Owner have
executed this Agreement ('Commencement Date"). This Agreement will be automatically renewed for four additional terms (each a "Renewal Term") of 5
years each, unless IWO provides (honer notice of intention not to renew at least 90 days prior to the expiration of the Initial Term or any Renewal Term.
3 . Rent. Until the earlier of (a) that date which is 30 days after the issuance of all permits and other approvals required for construction and use of the
Site as a Communications Facility, and (b) the first day of the month following the commencement of the physical preparation of the Site, the rent will be
a ene-time aggregate payment of $ 100.00, the receipt of which Owner acknowledges. Thereafter, rent shall be paid in equal monthly installments of
S IZi' U ---- , partial months to be prorated, in advance. Rent for each Renewal Term will be the annual rent in effect for the final year of the
Initial Term or prior Renewal Term, as the case may be , increased by FIFt151�0 percent (_1--5.0/0).
4. Title and Quiet Possession. Owner represents and agrees that (a ) it is the Owner of the property of which the Site is a part: (b) it has full right to
enter into this Agreement; (c) eacti person signing this Agreement has the authority to sign ; (d) there are no liens, judgments , covenants, restrictions ,
easements or other impediments of title that would adversely affect IWO's intended use of the Site: (e) IWO is entitled to access to the Site at all times
and to the quiet possession of the ;site throughout the Initial Term and each Renewal Term so long as IWO is not in default beyond the expiration of any
cure period: and (f) Owner shall not have unsupervised access to IWO's Communications Facility.
5. Ass ignmenUSubletting. IWO shall have the right to assign, transfer, license or sublease this Agreement, in whole or in part, without notice to or
consent of Owner. Additionally, IWO may mortgage, assign and/or grant a security interest in this Agreement or its Communications Facility to its
mortgagees or other secured parties, including their successors and assigns (collectively, "secured parties"), provided such secured parties agree to be
bound by the terms and conditions of this Agreement. In such event, Owner shall execute such consent(s) as may reasonably be required by the
secured parties. Owner agrees to notify IWO and IWO's secured parties simultaneously of any default by IWO and to give the secured parties the same
right to cure applicable to IWO.
6 . Notices. All notices must be in writing and given by U . S . mail, certified and postage prepaid , or nationally recognized overnight courier that regularly
maintains records of items delivered. Notices to Owner shall be sent to the address listed in the signature section below. Notices to IWO shall be sent
to: 52 Corporate Circle, Albany, New York 12203. Attn: Strategic. Counsel Group. Notices shall be effective upon receipt if delivered personally, the
next business day if sent by recognized overnight courier service, or three (3 ) business days after being sent via certified mail. Either party may change
its address by giving written notice to the other pursuant to this Paragraph.
7. Improvements.
(a) Upon execution of this Agreement, IWO, its employees , agents and independent contractors shall have free ingress and egress to the property of
•.vhich the Site is a part, to conduct or perform such surveys , inspections, subsurface soils tests, structural analyses, radio frequency drive tests,
engineering tests and other tests or inspections which IWO deems necessary, in its sole discretion. IWO shall be responsible for any and all costs
associated with said work-
(b) IWO may, at its expense, make such improvements on the Site as it deems necessary from time to time for the operation and maintenance of the
Communications Facility. IWO shall be responsible for obtaining, at its sole cost, any and all approvals necessary to permit construction, operation and
maintenance of the Communications Facility. Owner agrees to cooperate with IWO with respect to obtaining any required approvals, and shall take no
action which would adversely affect IWO's ability to obtain such approvals or use the Site for its intended purpose. Owner hereby consents to the filing
of any applications by IWO that are necessary to obtain the required approvals , and agrees to join in, execute as co-applicant or otherwise authorize
such applications in writing.
(c) Title to IWO's Communications Facility and related improvements shall at all time remain personal to and vested exclusively in . IWO, regardless of
whether or not same would be considered fixtures under applicable law. Upon termination or expiration of this Agreement, IWO shall remove its
Communications Facility equipment and improvements and will restore the Site to substantially the condition existing on the Commencement Date,
except for ordinary wear and tear and casualty loss.
8. Compliance with Laws. Owner represents that Owners property (including the Site) , and all improvements located thereon, are in substantial
compliance with building, life!safety, disability, environmental and other laws, codes, rules and regulations of applicable govemmental authorities. IWO
will substantially comply with all applicable laws relating to its possession and use of the Site.
9. Interference. IWO's Communications Facility shall not cause interference with other Communications Facility equipment located at the Site and
lawfully operating on the Commencement Date. Likewise, Owner will not permit or suffer the installation of any future equipment which (a) results or will
result in interference with IWO's Communications Facility, exceeds or will exceed applicable radio frequency emissions limitations, or causes or will
cause structural problems, taking into account in each case IWO's then existing equipment and likely future equipment needs or (b) encroaches onto the
Site.
10. Utilities. IWO will pay for all utilities installed and used by it at the Site. Owner will cooperate with IWO in IWO's efforts to obtain utilities from any
icca :icn ,vhere service is available from the servicing utility, and shall sign , at no additional cost to IWO or the utility service provider, such easements,
rights-of-way, licenses or other instruments as are reasonably required by the utility service provider to provide service to and from the Site and IWO's
Communications Facility.
11 . Termination. IWO may terminate this Agreement at any time by notice to Owner without further liability if IWO does not obtain all permits or other
appicivals (collectively, "approval") required from any governmental authority or any easements required from any third party to operate the
Communications Facility, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site
or authority to enter into this Agreement, or if IWO , for any other reason , in its sole discretion , determines that it will not use the Site. Upon termination ,
all raid rent will be retained by Owner unless such termination is due to Owner's failure of proper ownership or authority, or such termination is a
result of Owner's default.
12. Default. If either party is in default under this Agreement for a period of (a) 10 business days following receipt of notice from the non-defaulting
Gar. / with respect to a default which may be cured solely by the payment of money , or (b ) 30 days following receipt of notice from the non-defaulting
F ,;r; •.: ilh respect to a default which may not be cured solely by the payment of money , then, in either event, the non -defaulting party may pursue any
remedies available to it against the defaulting party under applicable law, including, but not limited to , the right to terminate this Agreement. If the non-
monetary default may not reasonably be cured within a 30-day period , this Agreement may not be terminated if the defaulting party commences action to
cure the default within such 30-day period and proceeds with due diligence to fully cure the default.
13. Indemnity. Owner and IWO each defends and indemnifies the other against and holds the other harmless from any and all costs (in
reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site by the indemnifyin g
excluding any portion of such claim, liability, damage, loss or expense that is attributable to the indemnified party under applicable comp
negligence principles. The obligations under this Paragraph do not apply to any claims arising from the sole negligence or intentional able c duo
indemnified party. The obligations under this Paragraph will survive termination of this Agreement.
14. Hazardous Substances. Owner represents that it has no knowledge of any hazardous substance or waste or other toxic or dangerous materials
on the Site (collectively, "substance"). IWO will not introduce or use any such substance on the Site in violation of any applicable law. IWO shall defend,
indemnify and hold Owner harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss arising from IWO's
disposal of hazardous substances or wastes on the Site in violation of applicable law. Owner shall defend, indemnify and hold IWO harmless from any
and all costs (including reasonable attomeys' fees) and claims of liability or loss arising from any disposal of hazardous substances or waste on the Site
not caused by IWO and in violation of applicable law. The indemnity obligations under this Paragraph will survive termination of this Agreement.
15. Subordination, Non-Disturbance and Attornment. This Agreement is subordinate to any mortgage, deed of trust or other security interest now of
record against the Site. However, promptly after the Agreement is fully executed, Owner will use diligent efforts to obtain a subordination, non.
disturbance and attomment agreement reasonably acceptable to IWO from the holder of any such mortgage, deed of trust or other security interest.
16. Taxes. IWO will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by IWO within 60 days
after receipt of satisfactory documentation indicating calculation of IWO's share of such real estate taxes and payment of the real estate taxes by Owner.
Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part
17. Insurance. IWO will procure and maintain commercial general liability insurance, with limits of not less than $ 1 ,000,000 combined single limit per
cccurrence for bodily injury and property damage liability. IWO will provide Owner with a certificate of insurance showing Owner as additional insured,
and providing that cancellation will not occur without at least 30 days prior written notice to Owner. Each party hereby waives its right of recovery
against the other for any loss or damage covered by any insurance policies maintained by the waiving party_ Each party will cause each insurance
policy obtained by it to provide that the insurance company waives all rights of recovery against the other party in connection with any damage covered
by such policy.
18. Maintenance. IWO will be responsible for repairing and maintaining the Communications Facility and any other improvements installed by IWO at
the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance is required due to the acts of Owner,
its agents or employees, Owner shall reimburse IWO for the reasonable costs incurred by IWO to restore the damaged areas to the condition which
existed immediately prior thereto. Owner will maintain and repair all other portions of the property of which the Site is a part in a proper operating and
reasonably safe condition.
19. Miscellaneous . (a) This Agreement applies to and binds the heirs , successors, personal representatives, executors, administrators and assigns of
the parties to this Agreement; (b) any sale or other transfer by Owner of all or any part of Owner's property (including the Site and IWO's easements)
shall be under and subject to this Agreement; (c) this Agreement is governed by the laws of the state in which the Site is located; (d) If requested by
IVVO, Owner agrees promptly to execute and deliver to IWO a recordable Memorandum of this Agreement together with any and all documentation
necessary to record same in the applicable County Clerk's Office; provided, however, that all costs associated with preparation and recordation of such
Niemoranda shall be paid by IWO; and (e) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder o
Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable will not be affected, and
provision of this Agreement will be valid and enforceable to the fullest extent permitted by law, and (f) this Agreement (including the Exhibits ) consf
the entire agreement between the parties and supersedes all prior written and verbal agreements , representations, promises or understandings be
the parses. Any amendments to this Agreement must be in writing and executed by both parties
20. Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party.
Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. This Lease Agreement may be executed in
one or more counterparts, each of which shall be deemed an original.
The following Exhibits are attached to and made a part of this Agreement: Exhibit(s ) A , B and
OWNER:
By:
Its:
S . S./Tax No. :
Address:
See Exhibit Al for continuation of Owner signatures
Date:
INDEPENDENT WIRELESS ONE LEASED REALTY CORPORATION
By:
John Stevens , Chief Technical Officer
Date: