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HomeMy WebLinkAboutTB Minutes 2011-04-11a� OF `?- Meeting of the Ithaca Town Board ' Monday, April 11, 2011 at 5:30 p.m. q,4 215 North Tioga Street, Ithaca, NY 14850 Agenda 1. Call to Order and Pledge of Allegiance 2. Report of Tompkins County Legislature 3. Report of Ithaca Common Council 4. Fire Commissioners' Quarterly Report 5. Persons to be Heard and Board comments 6. Public Hearings: a. 5:45 P.M. — Public Hearing Regarding A Local Law Deleting Chapter 205 of the Town of Ithaca Code, Titled 'Property Maintenance', and adding a new Chapter 205, Titled 'Property Maintenance' b. 5:47 p.m. Public Hearing regarding a Local Law Amending the Zoning Chapter of the Town of Ithaca Code to Require Compliance with the Property Maintenance Chapter of the Town of Ithaca Code c. Consider SEQR (combined) d. Consider Adoption of each i. Local Law Deleting Chapter 205 of the Town of Ithaca Code, Titled 'Property Maintenance', and adding a new Chapter 205, Titled 'Property Maintenance' ii. Local Law Amending the Zoning Chapter of the Town of Ithaca Code to Require Compliance with the Property Maintenance Chapter of the Town of Ithaca Code 7. Public Hearing Regarding Noise Permits for Ithaca College. 1) 5.50 P.M. -- "Splash" on May 181h, and 2) 5:52 p.m. an Outdoor Movie on May 20th 3) 5:54 p.m. "Kick Back" on May 6tt, a. Consider Approval (combined) 8. 5:55 P.M. — Public Hearing Regarding Establishing Regulations for Permits for Neighborhood Block Parties, Celebrations and Events Requiring Temporary Closures of Town Roads a. Consider SEQR b. Consider Approval Meeting of the Ithaca Town Board Monday, April 11, 2011 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 Minutes Board Members Present: Supervisor Engman; Members; Bill Goodman, Pat Leary, Nahmin Horwitz, Eric Levine, Tee -Ann Hunter and Rich DePaolo Staff Present: Mike Solvig, Judy Drake, Paulette Terwilliger, Susan Ritter, Bruce Bates and Jim Weber Attorney for the Town: Susan Bock Call to Order and Pledge of Allegiance Supervisor Engman opened the meeting at 5:30p.m. An executive session was added the agenda. Report of Tompkins County Legislature -- none Report of Ithaca Common Council -- none Fire Commissioners' Quarterly Report — Bill Gilligan (Attachment #1) Mr. Gilligan went over his submitted report. The Board asked what input the Commission was looking for from the Town regarding the review of the Charter. Mr. Gilligan responded that they are interested in thoughts from the stakeholders on what the most useful role in terms of the community the Board of Commissioners can perform. What functions the stakeholders would like to see the Board of Commissioners do. Persons to be Heard and Board comments Mr. Engman noted that this would be the time for the comments regarding the possible West Hill Moratorium. Greg Perreault read a prepared statement (Attachment #2) Mr. Perrault lives off of Route 96 and there are now 40 TCAT busses going down his street since Overlook and this was not discussed during the EIS for that project and he would like the Board to look at such fallout for future development. Mr. Perrault was in favor of a moratorium with no exceptions. Pat Dutt spoke in favor of a moratorium with no exceptions. She stated that we need a plan with input from both the Town and the City and felt it was unwise and irresponsible to develop without a well thought out plan and a time to study the area. She presented a petition from an online site with 115 signatures. (Attachment #3) Resident from Ulysses — She was in favor of a moratorium because of the effects of traffic along the route. She has lived in Ulysses for over 40 years and the increase in TBR 4-11-2011 Page 2 of 30 traffic and the possibility of fracking and garbage trucks are making it a bad traffic situation. Steve Felker spoke in favor of a moratorium with no exceptions. He talked about problems already on West Hill since the low-income housing was developed and noted that he lives on Campbell Ave and people are using it as a short cut and he can no longer walk his street. Campbell Ave is very narrow and it is not safe to walk anymore. He spoke about published reports stating that the development will not affect how long it takes to get onto Route 96, but the problem is down at the bottom and nothing published seems to address that problem. He asked that the Board favor the existing residents over the possible new residents as well as be more assertive with the City who don't seem to care about the issues on West Hill. He felt that development needs to follow infrastructure, not the other way around. He was not opposed to development per se, but he objects to taking what is already broken as far as infrastructure and make it worse. The Board should plan first. Judy Schwann spoke in favor of a moratorium with no exceptions. She stated that there is a huge traffic problem and she was recently rear-ended on the road. She felt there is not enough bus service now and the infrastructure and flooding are issues that need to be addressed before more development is approved. Cathy Beuaraguard from Trumansburg. Spoke in favor of a moratorium with no exceptions. She now allows 45 minutes to get to Ithaca and she is concerned about fire and emergency services. Yvonne Fogarty spoke in favor of a moratorium with no exceptions. The traffic and infrastructure are being talked and both are bad and she would like to see some real studies about the effects of development on both. She is also concerned about fracking. There is a parcel on the corner of Hayts and Sheffield that has been leased out and this will really cause a traffic issue. Mr. Engman asked if there was anyone else, noting that there will be a public hearing on the topic also. Board Comments Mr. DePaolo commented regarding the statements from residents past the Town of Ithaca. He stated that one of the justifications for development on West Hill is that people will move from Trumansburg and Ulysses so there will not be additional traffic. He did not have any evidence that that was true, but that is one of the justifications being given. He also responded to the concern about fracking, stating that the Town is very involved in the issue and protecting the Town. He also noted that some people are asking for a moratorium because they do not want any development, and that is unrealistic to expect no development. He stated that he was in favor of the moratorium to plan for responsible growth. TBR 4-11-2011 Page 3 of 30 Ms. Hunter responded to the concern about fracking and asked Mr. Engman for an update on the legislation in cooperation with TCCOG. Mr. Engman noted that we have been studying this for about two years now and we are getting ready to start a couple of actions. We have enacted a law protecting against road cuts such as gas lines across the road or culverts and there is additional work on a permitting mechanism to protect the roads. They are also looking into zoning changes to effect protection from industrial uses. There is a map online that shows the areas where drilling is likely to be requesting and permitting processes will help protect the Town. There are still questions on how to go about protecting the roads but the Town and the County are actively pursuing all avenues. Mr. Engman also noted that he had not heard about concerns from the City about losing business to some of the nodal development businesses the Town may have developed. Ms. Leary responded to the comment about the 1992 Comprehensive Plan and noted that the City's is even older and she disagreed that the Plan is out of date. She also stated that there is a difference of opinion of the Town Board and the Planning Board about what the definition of quality of life is and she felt that although traffic is a problem, many vibrant communities have to put up with traffic issues, but it is also a sign of a growing community and she is in favor of affordable housing. She added that there is a misconception about what affordable housing means and to her it does not mean putting certain types of homes in certain areas. She stated that the short answer is that any new housing contributes to the supply of housing even if it is not affordable to the median income residents, it still alleviates the housing shortage. Public Hearings: 5:45 P.M. — Public Hearing Regarding A Local Law Deleting Chapter 205 of the Town of Ithaca Code, Titled 'Property Maintenance', and adding a new Chapter 205, Titled 'Property Maintenance' Mr. Engman opened the public hearing at 6:20p.m. and gave an overview of the draft law. There have been several instances of "hoarding" in the Town and the Town has received complaints, taken people to court and received judgments but nothing happens. This gives the Town the authority to get the properties picked up and returned to a reasonable neighborhood level. Doug and Bruce Brittain — (Attachment #4) The Brittains went over the issues they saw with the draft law. Although they were in favor of updating the code, they saw some problems with the wording. The public hearing was closed at 6:38 p.m. Board comments: Mr. Engman reiterated that in the law, any of the violations have the caveat "tends to create a danger to the public health, safety and welfare or creates degradation through unsightliness or noisomeness or creates a public nuisance" so that eliminates a lot of the things they were concerned about because they would not be TBR 4-11-2011 Page 4 of 30 violations. The standards is what will exempt the normal and usual issues the Brittains brought up. Mr. Engman also noted that agricultural law would protect the farmers and their equipment. Mr. Bates added that the person also has the right to bring a violation to the Zoning Board of Appeals if they disagree and Zoning also regulates many of the other concerns the Brittains mentioned. Mr. Bates added that he receives complaints daily about property maintenance and this is to allow the Town to address these complaints. Mr. Goodman suggested that the draft go back to Operations for another review. Mr. Horwitz moved to refer the draft back to Operations Committee, Mr. Goodman seconded, unanimous. The remaining public hearing and action items regarding the Property Maintenance Law were postponed for another meeting. Public Hearing Regarding Noise Permits for Ithaca College: 1) 5:50 P.M. -- "Splash" on May 18th, and 2) 5:52 p.m. an Outdoor Movie on May 20th 3) 5:54 p.m. "Kick Back" on May 6th Mr. Engman opened the public hearing at 6:57 p.m. The representative from Ithaca College gave a summary of the events. There was no one wishing to address the Board on this topic. The public hearing was closed and motion made. TB RESOLUTION NO. 2011 - 055: Approval of Noise Permit(s) for Ithaca College Events WHEREAS, noise permit applications have been received for the following Events at Ithaca College: 1) "Splash" on May 18th 2) an Outdoor Movie on May 20th and 3) "Kick Back" on May 6th , and WHEREAS, these events involve the playing of music or audio, which sound may not be confined to the Ithaca College Campus; and WHEREAS, a public hearing was scheduled and notice of said public hearing was duly advertised in the Ithaca Journal and notification made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College; and WHEREAS, said public hearing was duly held on April 11, 2011 at the Meeting of the Ithaca Town Board and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Noise Permit Applications; NOW THEREFORE BE IT RESOLVED, the Town Board hereby approves Noise Permits for the events listed. TBR 4-11-2011 Page 5 of 30 MOVED: Rich DePaolo SECONDED: Eric Levine VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. 5:55 P.M. — Public Hearing Regarding Establishing Regulations for Permits for Neighborhood Block Parties, Celebrations and Events Requiring Temporary Closures of Town Roads (SEAR Attachment #5) Mr. Engman opened the public hearing at 6:58 p.m. The Brittain Brothers commented on page 3 the regulations and the definition of a "party" especially as it pertains to the music. There was no one wishing to address the Board and the public hearing was closed. Minor changes were made to the SEAR. TB RESOLUTION NO. 2011 - 056: SEAR ADOPTION OF REGULATIONS FOR NEIGHBORHOOD BLOCK PARTIES, CELEBRATIONS AND EVENTS REQUIRING TEMPORARY CLOSURES OF TOWN ROADS WHEREAS, this action is the adoption of Regulations Governing the Closure of Roads for Neighborhood Block Parties; and WHEREAS, this is an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of the Town of Ithaca Code, for which the Town of Ithaca Town Board is acting as Lead Agency in the environmental review with respect to the adoption of_Regulations Governing the Closure of Roads for Neighborhood Block Parties; and WHEREAS, the Town Board, at a public hearing held on April 11, 2011, has reviewed and accepted as adequate the Short Environmental Assessment Form (EAF), Parts I and II, for this action, prepared by the Town Engineering staff; now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Part II, and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Rich DePaolo SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo TBR 4-11-2011 Page 6 of 30 Motion passed unanimously. Board Comments: The Board discussed the definition of a block party as drafted. The focus was the definition of the various performances . The definition was changed by omitting reference to carnival, theatrical or musical performances such as concerts or similar events and adding "intended for people of a particular neighborhood" TB RESOLUTION NO. 2011- 057: ADOPTION OF REGULATIONS FOR NEIGHBORHOOD BLOCK PARTIES, CELEBRATIONS AND EVENTS REQUIRING TEMPORARY CLOSURES OF TOWN ROADS WHEREAS, Section 64(10-b) of the New York Town Law authorizes a town board to adopt regulations for the issuance of permits by the town superintendent of highways or commissioner of public works for neighborhood block parties, celebrations or events that require temporary closure of a town street, highway or road, and WHEREAS, the Town of Ithaca does not have any regulations governing the temporary closure of roads for these types of events, and WHEREAS, after considering a request from a Town neighborhood association for a block party, the Public Works Committee at its September 28, 2010 meeting requested Town staff to prepare draft regulations regarding temporary road closures for such events, and WHEREAS, the Director of Public Works and Town Clerk prepared draft Regulations authorizing the Highway Superintendent to issue a permit for the holding of such an event on a Town street upon the completion of a Temporary Road Closure Application, and, WHEREAS, the Public Works Committee at its October 26, 2010 meeting considered the draft Regulations and voted to move the issue to the Town Board for consideration, and WHEREAS, the Town Board discussed the draft Regulations for Temporary Road Closures at its regular meeting on March 7, 2011, and WHEREAS, New York Town Law Section 64(10-b) requires a public hearing on at least five days notice before said regulations may be adopted, and WHEREAS, at its March 7, 2011 meeting, 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 April 11, 2011 at 5:55 p.m. to hear all interested parties on the proposed Regulations for Temporary Road Closures, and TBR 4-11-2011 Page 7 of 30 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 the proposed Regulations for Temporary Road Closures; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby accepts and adopts the attached Regulations for Temporary Road Closures for Neighborhood Block Parties, Celebrations or Events. MOVED: Tee -Ann Hunter SECONDED: Rich DePaolo VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Public Hearing Regarding A Local Law to amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project (SEAR Attachment #6) Mr. Engman opened the public hearing at 7:30 p.m. David Moore addressed the Board regarding the PDZ. He stated that he would like the Town to not allow private streets because then developers would have to build streets to the Town's standards. He did not understand how the model home will have a certificate of occupancy with no water or sewer and the height maximum listed in the PDZ that is measured from the front, not the lowest point which could make them very high and the maximum height for garages is not listed. He would like assurance that things that are not listed in the PDZ would still have to meet the high-density residential requirements of the Town such as setbacks. He also wondered why the boundary of the PDZ does not match the property line between the Vine Street property and the trucking company and why it includes Worth Street up to the City line. He wanted confirmation that the project would abide by both Town and City noise regulations. He had issues with the traffic study because it did not contain any data, just assumptions and does not address the traffic blinds and the fact that roads do connect. Toby Millman, Agora Homes, and Mary Russell. Attorney addressed each comment. TBR 4-11-2011 Page 8 of 30 Whether the streets should be designed to become public — this was discussed at length during the process and it was determined that by having private streets they could design more pedestrian -friendly streets. For example, the tree boxes would not have been allowed. The Certificate of Occupancy question actually states the opposite. The model will not and can not be occupied and can only be used to market and sell the units. He added that if it does not, that can be changed because that is the intent. The height of the homes is generally 35 feet and the 40 was to give a cushion in case of grading and the actual height will be determined during Site Plan approval with the Planning Board. The garage height can not exceed 18 feet. The draft has a minimum of 10 feet as a setback and in no case is there less than that and they had to get a variance from the State for that. The boundary of the PDZ including Worth St. to the City line was to allow for access to a public street at the north end. The Vine Street property line location is to make sure the entire street is on a single lot. He was not sure about the differences between the Town and City noise ordinances, but noted that the Planning Board required the HOA to distribute the ordinances annually. He was not sure how to respond regarding the traffic study because it has been through Planning Board and Planning Dept review and there were no complaints about it to this point. Board Comments The issue regarding the temporary Certificate of Occupancy with the model home was discussed at length. Ms. Brock felt no wording change was needed. The public hearing was closed and the SEAR moved. TB RESOLUTION NO. 2011- 058: SEAR: Proposed Local Law Amending Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project WHEREAS, this action is the adoption of a local law amending Zoning Chapters 270 and 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Belle Sherman Cottages project; and TBR 4-11-2011 Page 9 of 30 WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the enactment of the proposed local law; and WHEREAS, the Town Board, at a public hearing held on April 11, 2011, has reviewed and accepted as adequate the Long Environmental Assessment Form (LEAF), Parts I and II for this action, along with other application materials; RESOLVED: that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in this uncoordinated environmental review, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed based on the information in the LEAF Part I and for the reasons set forth in the LEAF Part II, and, therefore, an Environmental Impact Statement will not be required. MOVED: Bill Goodman SECONDED: Rich DePaolo VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. TB RESOLUTION NO. 2011-059: Adoption of a Local Law Amending Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project WHEREAS, on February 8, 2010, the Town of Ithaca Town Board did refer the consideration of the possible establishment of a Planned Development Zone (PDZ) to the Town of Ithaca Planning Committee for a recommendation; and WHEREAS, on October 21, 2010, the Town of Ithaca Planning Committee recommends that the Town Board support the concept of the PDZ and recommends that the Town Board refer the PDZ to the Planning Board for a recommendation; and WHEREAS, on November 8, 2010, the Town of Ithaca Town Board did refer the draft Planned Development Zone to the Planning Board for a recommendation; and WHEREAS, on January 4, 2011, the Town of Ithaca Planning Board did recommend that the Town of Ithaca Town Board enact the proposed local law; and WHEREAS, the Town of Ithaca Planning Committee reviewed the proposed revised local law, and on February 10, 2011 did refer it back to the Town Board for consideration; and 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 Board on April 11, 2011, at 6:00 p.m. to hear all interested parties on a proposed local law entitled "A Local Law to Amend TBR 4-11-2011 Page 10 of 30 Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, the adoption of this local law is, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the New York State Environmental Conservation Law and Chapter 148 of the Town of Ithaca Code (which laws and regulations thereunder, including the Town's local law, are collectively referred to as "SEAR"), an unlisted action; and WHEREAS, the Town of Ithaca Town Board, acting in an uncoordinated environmental review with respect to the enactment of the local law, has, on April 11, 2011, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long Environmental Assessment Form Parts I and II; and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project", 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: Rich DePaolo SECONDED: Pat Leary VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Public Hearing Regarding Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Relating to Historic Resources and the Possible Adoption of a New "Limited Historic Commercial" Floating Zone (SEAR Attachment #7) Mr. Engman opened the public hearing at 7:53 p.m. TBR 4-11-2011 Page 11 of 30 Mr. and Mrs. Grippi gave an overview of their property which is on the Historic Register and was the impetus for the drafting of this zoning change. Mrs. Grippi gave a detailed history of the property and Mr. Engman thanked the Grippis for their stewardship of this important historical site. TB RESOLUTION NO. 2011- 060: SEAR: Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Relating to Historic Resources and the Possible Adoption of a New "Limited Historic Commercial Floating Zone" WHEREAS, this action is the adoption of proposed amendments to the 1993 Town of Ithaca Comprehensive Plan; and WHEREAS, said proposed amendments include the following, which are described in detail in the attached narrative of "Proposed Amendments to 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources, dated August 4, 2010: (1) Amend Section III.B of the Comprehensive Plan by adding wording in a new Section III.B.10.e describing the use of the Limited Historic Commercial floating zone to protect historic structures and achieve their adaptive reuse where appropriate; (2) Amend Section III.E-2.a of the Comprehensive Plan by deleting the existing introductory paragraph of that section and adding the following new wording: "Include at least four non -cumulative types of commercial zones in the Town of Ithaca Zoning Code: Neighborhood Commercial, Community Commercial, Lakefront Commercial, and Limited Historic Commercial"; (3) Include in amended Section III.E-2.a, after the description of Lakefront Commercial, language describing the Limited Historic Commercial Zone; and WHEREAS, this is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of the Town of Ithaca Code, for which the Town of Ithaca Town Board is acting as Lead Agency and the only involved agency in conducting the environmental review with respect to the adoption of the above- described amendments to the 1993 Comprehensive Plan; and WHEREAS, the Town Board, after holding public hearings on January 10, 2011 and April 11, 2011, has reviewed and accepted as adequate the Short Environmental Assessment Form (EAF), Parts I and 2, for this action, prepared by the Town Planning staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and the implementing regulations thereof and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed, for the reasons set forth in the EAF Parts I and II referenced above, and, therefore, an Environmental Impact Statement will not be required. MOVED: Bill Goodman SECONDED: Rich DePaolo TBR 4-11-2011 Page 12 of 30 VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. TB RESOLUTION NO. 2011- 061: Resolution Adopting Amendments to the 1993 Town of Ithaca Comprehensive Plan Relating to Historic Resources and the Possible Adoption of a New "Limited Historic Commercial" Floating Zone WHEREAS, the Town Board has proposed the adoption of proposed amendments to the 1993 Town of Ithaca Comprehensive Plan regarding historic resources; and WHEREAS, said proposed amendments include the following, which are described in detail in the attached narrative of "Proposed Amendments to 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources, dated August 4, 2010: (1) Amend Section III.B of the Comprehensive Plan by adding wording in a new Section III.B.10.e describing the use of the Limited Historic Commercial floating zone to protect historic structures and achieve their adaptive reuse where appropriate; (2) Amend Section III.E-2.a of the Comprehensive Plan by deleting the existing introductory paragraph of that section and adding the following new wording: "Include at least four non -cumulative types of commercial zones in the Town of Ithaca Zoning Code: Neighborhood Commercial, Community Commercial, Lakefront Commercial, and Limited Historic Commercial"; (3) Include in amended Section III.E-2.a, after the description of Lakefront Commercial, language describing the Limited Historic Commercial Zone; and WHEREAS, resolutions were duly adopted by the Town Board of the Town of Ithaca for two public hearings to be held by said Town, the first on January 10, 2011 at 5:45 p.m. to assure full opportunity for citizen participation in the preparation of such proposed amendments, and the second on April 11, 2011 at 6:20 p.m. to hear all interested parties on the proposed amendments to the Comprehensive Plan; and WHEREAS, notice of said public hearings was duly advertised in the Ithaca Journal; and WHEREAS, said public hearings were duly held on said dates and times 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 amendments, or any part thereof; and WHEREAS, pursuant to article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617 ("SEQRA"), and Chapter 148 of the Town of Ithaca Code, adoption of said amendments to the Comprehensive Plan 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 the amendments to the Comprehensive Plan, has on April 11, 2011 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short TBR 4-11-2011 Page 13 of 30 Environmental Assessment Form (EAF) 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 the amendments to the 1993 Town of Ithaca Comprehensive Plan, as described in said "Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources", a copy of which is attached hereto and made a part of this resolution, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to file said amendments in the Town Clerk's Office and with the Tompkins County Planning Department. MOVED: Eric Levine SECONDED: Tee -Ann Hunter VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Public Hearing Regarding Two Proposed Local Laws Amending the Town of Ithaca Code Chapter 270 (Zoning) to (1) Add Article XVIII -A, Titled "Limited Historic Commercial Zones" and (2) Amend Article XIII, Titled Commercial Zones Generally, to Add Provisions Related to Limited Historic Commercial Zones, to Revise Additional Special Requirements, and to Clarify Drive -Through Operations Requirements Mr. Engman opened the public hearing at 8:07 p.m. There was no one wishing to address the Board and the hearing was closed. TB RESOLUTION NO. 2011-062: SEAR: Proposed Local Laws Amending the Town of Ithaca Code, Titled Zoning, to Add Article XVIII -A, Titled "Limited Historic Commercial Zones" and to Amend the Zoning Chapter of the Town of Ithaca Code, Article XIII, Titled Commercial Zones Generally, to Add Provisions Related to Limited Historic Commercial Zones, to Revise Additional Special Requirements, and to Clarify Drive -Through Operations Requirements WHEREAS, this action is the enactment of a local law amending Chapter 270 of the Town of Ithaca Code, Titled Zoning, to add Article XVIII -A, Titled "Limited Historic Commercial Zones", and enactment of a local law amending the Zoning Chapter of the Town Code, Article XIII, titled "Commercial Zones Generally," to add provisions related to Limited Historic Commercial Zones, to revise additional special requirements, and to clarify drive-through operations requirements; and WHEREAS, said proposed local laws would, among other things, (1) include provisions for the Town Board, at its legislative discretion and after making appropriate findings, to re -zone property deemed historically significant in the Town by either having been listed, or determined to be eligible for listing, on the State or National Register of Historic Places, or having been identified as potentially significant in the TBR 4-11-2011 Page 14 of 30 Town of Ithaca Historic Resources Survey, to Limited Historic Commercial for the purpose of protecting these resources by providing reuse and redevelopment options, and (2) add provisions regarding Limited Historic Commercial Zones to the Commercial Zones Generally article of the Zoning Chapter; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of these local laws; and WHEREAS, the Town Board, at a public hearing held on April 11, 2011, has reviewed and accepted as adequate the Short Environmental Assessment Form, 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 in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. MOVED: Bill Goodman SECONDED: Nahmin Horwitz VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. TB RESOLUTION NO. 2011-063: Resolution Adopting "A Local Law Amending Chapter 270 of the Town of Ithaca Code, Titled Zoning, to Add Article XVIII -A, Titled "Limited Historic Commercial Zones" and "A Local law Amending the Zoning Chapter of the Tow of Ithaca Code, Article XIII, Titled Commercial Zones Generally, to Add Provisions Related to Limited Historic Commercial Zones, to Revise Additional Special Requirements, and to Clarify Drive -Through Operations Requirements" WHEREAS, the Town of Ithaca's character is enriched by the existence of historically significant structures and properties located throughout the Town, including five structures and one neighborhood/district listed on the State and National Registers of Historic Places, as well as numerous other properties identified in the Town's historic resources survey (Final Report for the Intensive Level Survey, September 2005); and WHEREAS, these architecturally and historically rich sites serve as important reminders of our past, providing a link to our cultural heritage and a better understanding of the people and events that shaped our community's development; and WHEREAS, the Town Board recognizes the importance of protecting and maintaining these historically significant resources and that such protection was a stated objective in the 1993 Town of Ithaca Comprehensive Plan; and TBR 4-11-2011 Page 15 of 30 WHEREAS, the property owners of the Hayts School House and Abolition Chapel, located at 1296 and 1298 Trumansburg Road and listed on the State and National Registers of Historic Places, submitted a letter to the Town, dated November 18, 2009, requesting that the Town consider rezoning their property, explaining that the site was not well suited to residential use (as currently zoned) and that allowing some limited commercial use would increase the chances that the buildings would be maintained as attractive historical landmarks into the future; and WHEREAS, on December 10, 2009, the Town Planning Committee discussed the issue and recommended that the Town Board consider the possibility of developing a new "Limited Historic Commercial" Zone that could be applied to historic properties around the Town; and WHEREAS, on January 25, 2010, the Town Board agreed to the concept of a Limited Historic Commercial" Zone and requested that the law be drafted and further pursued by the Town; and WHEREAS, on May 13, 2010, the Planning Committee reviewed a draft of the law and referred it to the Codes and Ordinances Committee for further review and consideration; and WHEREAS, the Town's Codes and Ordinances Committee ("COC") discussed and refined the law during several meetings between June and October of 2010; and WHEREAS, on November 8, 2010, the Town Board referred the proposed local law to the Town of Ithaca Planning Board and Zoning Board of Appeals for a recommendations; and WHEREAS, on December 21, 2010, the Planning Board discussed and held a public hearing on the proposed law and recommended that the Town Board adopt said law; and WHEREAS, on December 20, 2010, the Zoning Board of Appeals discussed the proposed local law and decided not to make an official recommendation that the Town Board; and WHEREAS, on January 19, 2011, the COC made additional changes to the proposed local law in response to the feedback the Town received, and 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 April 11, 2011 at 6:20 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending Chapter 270 of the Town of Ithaca Code, Titled Zoning, to Add Article XVIII -A, Titled "Limited Historic Commercial Zones" and "A Local law Amending the Zoning Chapter of the Town of Ithaca Code, Article XIII, Titled Commercial Zones Generally, to Add TBR 4-11-2011 Page 16 of 30 Provisions Related to Limited Historic Commercial Zones, to Revise Additional Special Requirements, and to Clarify Drive -Through Operations Requirements" ; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local laws 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 these local laws, has on April 11, 2011 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 laws entitled "A Local Law Amending Chapter 270 of the Town of Ithaca Code, Titled Zoning, to Add Article XVIII -A, Titled "Limited Historic Commercial Zones" and "A Local law Amending the Zoning Chapter of the Town of Ithaca Code, Article XIII, Titled Commercial Zones Generally, to Add Provisions Related to Limited Historic Commercial Zones, to Revise Additional Special Requirements, and to Clarify Drive -Through Operations Requirements", 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 laws with the Secretary of State as required by law. MOVED: Bill Goodman SECONDED: Rich DePaolo VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Discuss and consider setting a public hearing regarding a possible Local Law enacting a Moratorium on Development on West Hill The memo from Ms. Ritter and Ms. Brock detailing options was discussed. Mr. Engman spoke in favor of Option 2 which he felt was the cleanest and clearest option. TBR 4-11-2011 Page 17 of 30 Mr. Engman moved the adoption of Alternative 2 as the proposal for the west hill moratorium and Ms. Leary seconded Discussion Ms. Hunter clarified that the Alternative exempts the three projects in process now and therefore does not address the concerns which prompted the request for the moratorium. The concerns started in 2009 with money being put aside for a traffic study, which was never done. So Alternative 2 has us proposing a moratorium on property that is not under review for development and is not responding to the residents that came forward. She went on to state that if we are going to look at infrastructure on West Hill, we need to not exempt large development proposals. She also had a question about Conifer and whether the Board would have any control over imposing conditions on the development when and if it goes through a re -zoning. Ms. Brock responded that she is still researching the mechanism to impose conditions. Ms. Hunter spoke regarding the Holochuck proposal and noted that the State money for the parkland is not guaranteed and she was curious about the ability to buy a house at the affordable price and "flip" it for a quick profit. She thought it seemed that there were a lot of unenforceable conditions. Ms. Brock explained some of the conditions the Planning Board imposed and how they would be enforced. She closed by saying that she wished the Board would do what the residents are requesting and have a moratorium that is not exempting projects. Ms. Leary did not care for some of the Planning Board conditions and felt it was strange to set conditions on the purchase of a private residence. She then asked for an explanation of the differences between Alternative 2 and 3. Ms. Ritter explained that Alternative 2 eliminates everything north of the Cornell property on the west side of Route 96 and exempts everything north of the hospital on the east side. Alternative 3, maintains a good deal of the moratorium land, but exempts the Conifer and Holochuck areas. Mr. Engman noted that the biggest proposed project is included in the moratorium and that is Carrowmoor and the Goldenrod project. He added that he had very specific reasons to exempt the three projects. Namely that we have encouraged Conifer and gone through some steps and there are funding issues. He reiterated that he does not like the project but it is far along in the approvals process and it fits our zoning and our current Comprehensive Plan. The Waldorf School is a timing issue and temporary use. He felt that there are other projects coming up and the moratorium will still be useful even with the exemptions and that is why he would support it. Mr. Horwitz commented that he focused on Ms. Ritter's comments regarding Alternatives 2 and 3 which take out large portions of land so he favors Alternative #1. TBR 4-11-2011 Page 18 of 30 He added that telling Holochuck they can't go ahead now is an undesirable outcome; going ahead with a development that may be much worse for the Town is a more important undesirable outcome and it comes down to judgment and choosing between two undesirable outcomes. Mr. Goodman stated that he would be interested in why Mr. Horowitz felt the development would be bad for the town. He asked Ms. Ritter if there were other land parcels towards Ulysses that she has heard about development on an and Ms. Ritter responded that the Town gets calls all the time but there is nothing in the process yet. Mr. DePaolo asked Mr. Goodman what his level of involvement was with the County parcel at Bigg's and the EcoVillage-like development grant. Mr. Goodman responded that he has put together the budget for the EPA grant proposal back in July. He stated that he had no financial interest in the parcel. Mr. DePaolo asked if it would be fair or unfair to say that he had some interest in the development of that parcel and whether he has a predetermined vision in his mind on how that parcel should be developed by the county. Mr. Goodman responded, no and that he had no thoughts about what should be done with the parcel and he had no type of interest, financially or otherwise, with what the County does with that parcel. Mr. DePaolo continued with his comments stating that we have been at this for years and heard from residents for years and it defies logic in his mind to embark on a comprehensive study of an area and then exclude proposed development in the area. He turned the question back to the members who are in favor of the exclusions, asking what they proposed to do or accomplish with the moratorium if these are excluded? And, how they propose to make sure that these various components have some sort of unifying component. Ms. Leary responded that she would have preferred to talk about the reason for the moratorium before voting on whether to have a moratorium but going by the local law outline, her impression is that we want to study traffic patterns, how roads could be rerouted, shuttle service, etc and getting the developers together to discuss options. There is still more land out there and she was not in favor of stopping development. Mr. DePaolo responded that they were in a meeting with Ed Marx today where there was a map with a superimposed Y4 of a mile radius with the center of the node and everything being included in the exemption is in that radius. Ms. Leary responded that it has not been decided that that is the best place for a node and there is disagreement among board and committee members on where that should be. Mr. DePaolo responded that you have to add all of the numbers and we can't study it comprehensively if you don't stop and study it. Ms. Leary responded that we have been studying this area for years. Ms. Hunter interrupted stating that we have not studied the area and she read from an previous letter detailing the questions and what is needed. She does not believe the board has acted in good faith and addressed the stated concerns, instead there has TBR 4-11-2011 Page 19 of 30 been political jockeying going on with different planning initiatives in different directions that ignore that we have infrastructure problems and constraints. Mr. Engman responded that the political games she refers to was on the introduction of the suggestion of the moratorium at a single Planning Committee meeting an passing of the recommendation that we go forward in one Planning Committee meeting. That is what started this process. He went on to say that we have studied this area and just because some people do not agree with the Route 96 Corridor Study does not mean that it is not accurate or that we have not studied it. The 1993 Comprehensive Plan is valid and it says that West Hill was identified for the growth. As Rich said earlier, there will be growth on West Hill, the question is how much and how are we going to manage it. The nodal development idea was put forth as a way to manage the growth. If we do not have growth in our borders, it will happen outside of our borders and we will still have the traffic coming through to get to the City. He added that we have talked to the city numerous times and they have stated that we should not even think about a bridge. He said he has spoken with the Mayor numerous times and she believes anything growth outside of the city is sprawl and in fact the city has built on West Hill themselves. He responded that the reason he supports the moratorium is he believes we can still have a lot of effect on West Hill with a study in conjunction with the moratorium with the exceptions. He added that he and others talked with Ed Marx today about multiple studies that are happening now and we are trying to coordinate studies and monies. Mr. DePaolo responded that he wanted to clarify that this has been talked about at the committee level for years so it has not fallen out of the sky and perhaps we have taken too much time. He went on to say that the moratorium should be used as a means to get the best plan that we can get. He also referred to the meeting with Mr. Marx and he was talking about studies and prioritizing but it can not be done when giving away any leverage by exempting developments already in the works. Mr. Goodman responded to that he agreed the Board has been talking about this for over a year but back then the majority of the Board did not believe it was a good idea and now this second time around, he was in favor of it so he could look at what could be done between Route 96 and 79. He added that he does not agree with Mr. Marx's location of the best nodal placement. He went on to say that in his deliberations regarding exempting Conifer, the need for affordable senior housing outweighs the detriment to the nodal planning in his mind. He also believes that the town will still have leverage because of the zoning changes that will be needed before development starts and his main goal is to gather all the studies and the major shareholders in the property and development as well as the residents together to plan what is better for West Hill. Mr. Goodman then spoke about the dilemma of the catch 22 the town is in. Retailers won't build until there are people wanting the services and there will be a period of time before the commercial aspects will come. Mr. Horwitz responded to Mr. Goodman's question by saying that that he doesn't know if Holochuck is bad or not and that is the problem. He does not believe the Board is educated enough in this area to make the decision about what is good or bad for West TBR 4-11-2011 Page 20 of 30 Hill. There are no documents or studies presenting a professional analysis on how to evaluate competing considerations. He felt the value of the moratorium was in giving time to produce such a document. Ms. Leary stated that the Town has professional Planners and so does the County and we all have our ideas. She did not believe there is such a document or there could be one on how to set a policy, or how you set public policy. She stated that we have been relying on professional planners for several years and we have heard their advice but it depends on what planners you are listening to. If they agree with your person priorities, you like them, if they don't, you don't; but they do not set policy. Her priority is to support medium income houses and that outweighs traffic congestion and we have to figure out a way that we are not held hostage by the City and TCAT. Discussion followed with Ms. Ritter explaining the alternatives and the maps were reviewed. Ms. Hunter had additional comments and asked if any of the scenarios do not exempt the projects. Ms. Brock noted that that was what she and Ms. Ritter were tasked with doing. Ms. Ritter noted differences between the options and the waiver process. Ms. Hunter continued to ask for clarification of the boundaries of the maps and the exclusions. She then asked Mr. Goodman what the solution is for the traffic problem and who would it be paid for. Mr. Goodman responded that the most immediate is to lobby TCAT, which does not seem feasible, so alternately, get the major landowners such as the hospital, Overlook, EcoVillage etc and develop shuttle vans. The current TCAT route is not user friendly and does not meet the needs and we need to get people out of their cars and into public transportation. Holochuck and Conifer will not have residents for 2 years, and we need this now. He went on to say that the Bundy Rd access needs to be looked at and he doesn't think the current alignment is the best. Discussion followed with Ms. Hunter asking how these ideas and possible fixes are going to be financed. Mr. Levine added his thoughts. He stated that he understands how passionate she is about this issue, but he agrees with Pat and Herb on this issue but not because of any "political shenanigans" which he has not seen or heard and he does not think that he is ignoring residents. He felt that those concerns are going to be a part of town work but on the balance, the exemptions are not going to be a significant impediment on working out the traffic issues. Mr. Engman brought the board's attention back to the motion on the floor which is to accept Alternative #2 and to in effect put that into the Moratorium Plan and that is what would be advertised to the public for a public hearing. He suggested that the board vote on the motion to see if we have a majority. Roll call vote. Herb Engman, Aye; Bill Goodman, aye; Pat Leary, aye; Eric Levine, aye; Nahmin Horwitz, nay; Tee -Ann Hunter, nay; and Rich DePaolo, nay. Motion passed 4 to 3. Public hearing was set for May 9t" at 5:45. Consider adoption of a Resolution of Recognition for PW employees TBR 4-11-2011 Page 21 of 30 RESOLUTION NO.2011 — 065: RESOLUTION OF RECOGNITION FOR JOHN SHEPARDSON AND MONTAGUE MOUILLESSEAUX WHEREAS, John Shepardson and Montague Mouillesseaux while plowing snow on Summerhill Road on March 7, 2011 saw that a person was in the drainage ditch trying to stay afloat in the frigid water; and WHEREAS, Mr. Mouillesseaux entered the water to help keep the man's head above the water, while Mr. Shepardson called for help, provided assistance until EMS arrived, and then aided in the removal of the man from the water; and WHEREAS, the governing Town Board wishes to express its recognition and appreciation to Mr. Shepardson and Mr. Mouillesseaux for their willingness to help others in need; Now, Therefore, Be It RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its Citizens and its Employees expresses its sincere gratitude to Mr. Shepardson and Mr. Mouillesseaux for their dedicated service to the Town and our community. MOVED: Tee -Ann Hunter SECONDED: Rich DePaolo VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Consider adoption of a Resolution of Appreciation for Gail Kroll TB RESOLUTION NO. 2011- 066: Resolution of Sympathy and Condolences to the Family of Gail Kroll WHEREAS, Gail Kroll started her career with the Town of Ithaca as the Secretary for the Highway Department on January 25, 1993, where she provided her expertise and talents to the Town continuously until she passed away on March 17, 2011; and WHEREAS, Gail was the solid core that held the Public Works Department administration together; and WHEREAS, Gail was always one to show her professionalism, courteousness and helpful nature while serving and talking with the Town's residents, contractors and while working with her fellow employees; and WHEREAS, Gail's years of devotion and dedication to the Town will be remembered for years by the Town and staff, and WHEREAS, the Town of Ithaca has greatly benefited from Gail Kroll's contributions and desire to serve our community for the benefit of the Town and its citizens; and TBR 4-11-2011 Page 22 of 30 WHEREAS, the governing Town Board wishes to express its sincere appreciation for what Gail Kroll brought to the Town of Ithaca over her 18 year career; Now, therefore, be it RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and employees, wishes to express its sincere gratitude to Gail Kroll for her dedicated service to the Town and our community; and further be it. RESOLVED, that the Town Board of the Town of Ithaca, wishes to express its deepest sympathies and condolences on behalf of the Town, its citizens and employees to the family of Gail Kroll. MOVED: Pat Leary SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Consider Authorization of Award of Contract for the following Projects: a. Warren Road Pervious Pavement Project REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, APRIL 11, 2011 TB RESOLUTION NO. 2011-067: AUTHORIZING THE AWARD OF THE CONSTRUCTION CONTRACT FOR THE TOWN OF ITHACA WARREN ROAD WALKWAY PERVIOUS PAVEMENT IMPROVEMENTS WHEREAS, plans, specifications and bid documents have been duly prepared relating to the construction of highway improvements known and identified as the Town of Ithaca Warren Road Walkway Pervious Pavement Improvements (hereinafter also referred to as "Improvement"), and WHEREAS, the NYSDOT Region 3 Plan and Program Management Group has reviewed the plans and specifications for the Improvement construction and provided authorization to proceed with advertisement for bidding, and WHEREAS, Bid Proposal for the Improvement were received and opened by the Town of Ithaca on Wednesday, March 15, 2011, at which time one bid proposal was received, and WHEREAS, the Town Engineer has reviewed the Bid Proposal and has determined that the Bid Proposal submitted by Environmental Paving solutions, LLC, is a responsive Bid for the improvement in the amount of $214,485.00, and has made a recommendation for award of the contract to Environmental Paving Solutions, LLC, PO Box 61, Syracuse, NY as the sole responsive bidder, and TBR 4-11-2011 Page 23 of 30 WHEREAS, the NYSDOT Region 3 Plan and Program Management Group has reviewed the recommendation for award for the Warren Road Walkway Pervious Pavement Project construction and provided authorization to proceed with the award of the contract to Environmental Paving Solutions, LLC; now, therefore be it RESOLVED, that the Town Board of the Town of Ithaca awards the contract for construction of the Warren Road Walkway Pervious Pavement Improvement to Environmental Paving Solutions as the lowest responsible bidder, and authorizes the Town Supervisor to sign the contract for the Improvement, subject to the approval of the Director of Public Works and Attorney for the Town. MOVED: Tee -Ann Hunter SECONDED: Pat Leary VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. b. Hungerford Hill Pump Station Project TB RESOLUTION No. 2011- 068: Authorization to Award Contract for Construction of the Town of Ithaca Hungerford Hill Pump Station Water Improvement and to Establish the Town of Ithaca Hungerford Hill Pump Station Water Improvement Capital Project Fund WHEREAS: On March 30, 2011 the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Hungerford Hill Pump Station Water Improvement for the construction of a pre -cast concrete building, installation of pumps, meter and control valves within the building, and installation of 8" water main that will connect the Hungerford Hill Tank directly to the East Hill Transmission Tank, together with related ancillary facilities, and WHEREAS: The Director of Public Works has reviewed the bids and qualifications of the bidders and has recommended that the low bid of $148,000 for the total project made by Procon Contracting, LLC, Vestal, NY 13851 is a qualified bid, and WHEREAS: At the September 13, 2010 Town Board meeting under Resolution No. 2010-158 the maximum amount of $400,000.00 was authorized to be expended by the Town of Ithaca for this improvement, now therefore be it RESOLVED: that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Hungerford Hill Pump Station Water Improvement project to Procon Contracting, LLC, 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 authorized to execute such contract upon such approval; and be it further TBR 4-11-2011 Page 24 of 30 RESOLVED: that the Director of Public Works 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 $10,000.00 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, and be it further RESOLVED: that the Town Finance Officer is directed and authorized to record all necessary and appropriate budgetary and cash transactions transferring $148,000 to establish the capital project fund "Town of Ithaca Hungerford Hill Pump Station Water Improvement" project. MOVED: Nahmin Horwitz SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Hunter and DePaolo Abstention: Eric Levine Motion passed. c. Snyder Hill Road Water Main Project TB RESOLUTION No. 2011- 069: Authorization to Award Contract for Construction of the Town of Ithaca Snyder Hill Water Main Water Improvement and to Establish the Town of Ithaca Snyder Hill Water Main Water Improvement Capital Project Fund WHEREAS: On March 30, 2011 the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Snyder Hill Water Main Water Improvement for the installation of 2800 feet of new 8" water main, replacing the existing main, together with related ancillary facilities, and WHEREAS: The Director of Public Works has reviewed the bids and qualifications of the bidders and has recommended that the low bid of $253,500 for the total project made by LRS Excavating, Inc., Lansing, New York 14882, is a qualified bid, and WHEREAS: At the October 18, 2010 Town Board meeting under Resolution No. 2010- 183 the maximum amount of $300,000.00 was authorized to be expended by the Town of Ithaca for this improvement, now therefore be it RESOLVED: that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Snyder Hill Water Main Water Improvement project to LRS Excavating, 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 authorized to execute such contract upon such approval; and be it further RESOLVED: that the Director of Public Works is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum TBR 4-11-2011 Page 25 of 30 amount of such change orders shall not in the aggregate exceed $10,000.00 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, and be it further RESOLVED: that the Town Finance Officer is directed and authorized to record all necessary and appropriate budgetary and cash transactions transferring $253,500 to establish the capital project fund "Town of Ithaca Snyder Hill Water Main Water Improvement" project. MOVED: Tee -Ann Hunter SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Consider Endorsement of the Recommendation from the Conservation Board for Reappointment of Kristine Shaw to the Tompkins County Environmental Management Council TB RESOLUTION NO. 2011 - 070: Endorsement of the Conservation Board's recommendation to reappoint Kristine Shaw to the Tompkins County Environmental Management Council WHEREAS Kristine Shaw was appointed to the Tompkins County Environmental Management Council and WHEREAS the Conservation Board has recommended to the Tompkins County Legislature that she be reappointed to the Tompkins County Environmental Management Council as the Town's representative Now therefore be it RESOLVED that the Town Board hereby endorses the recommendation of the Conservation Board regarding Ms. Shaw's reappointment and directs the Town Clerk to deliver a certified copy of this resolution of endorsement to the Tompkins County Legislature. MOVED: Herb Engman SECONDED: Rich DePaolo VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. Consider Consent Agenda Items a. Approval of Town Board Minutes TB RESOLUTION NO. 2011- 71 a: Approval of Minutes of February 28, and March 7, 2011 TBR 4-11-2011 Page 26 of 30 WHEREAS, the draft minutes of the February 28, and March 7, 2011 of the Town Board have been submitted for review and approval; THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the submitted minutes as the final minutes of the February 28, and March 7, 2011 of the Town Board of the Town of Ithaca. b. Town of Ithaca Abstract TB RESOLUTION NO. 2011-071 b: 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 governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 318-384 General Fund Town wide 29,016.18 General Fund Part Town 9,854.60 Highway Fund Part Town 23,072.29 Water Fund 15,339.33 Sewer Fund 279,127.91 Warren Road Walkway Forest Home Traffic Calming Fire Protection Fund 516,265.56 Risk Retention Fund 775.00 Forest Home Lighting District 149.76 Glenside Lighting District 38.87 Renwick Heights Lighting District 55.70 Eastwood Commons Lighting District 135.68 Clover Lane Lighting District 15.99 Winner's Circle Lighting District 54.07 Burleigh Drive Lighting District 54.08 West Haven Road Lighting District 162.22 Coddington Road Lighting District 96.80 Trust and Agency 50.00 Debt Service TOTAL 874,164.04' TBR 4-11-2011 Page 27 of 30 c. Bolton Point Abstract TB RESOLUTION NO. 2011-071 c: Bolton Point 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 governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 128-186 Check Numbers: 13000-13058 Burdick Hill Tanks Project $ 0 Operating Fund $ 94,840.04 TOTAL $94,840.04 Less Prepaid $ 30,170.58 TOTAL $ 64,669.46 d. Authorization for Town Supervisor to sign the contract with Johnson Controls for the Energy Improvements at the IAWWTF — Pulled (already given) e. Authorization for Town Supervisor to sign an Agreement with Cornell Cooperative Extension for services associated with the Community Garden at West Hill TB RESOLUTION NO. 2011 — 071e: Authorizing Supervisor to Sign the Community Gardens Agreement with Cooperative Extension WHEREAS the Town of Ithaca requires program and administrative services for its Community Garden, and WHEREAS Cooperative Extension has collaborated with the Town of Ithaca in support of its Community Garden, and WHEREAS Cooperative Extension has the expertise and experience to provide the needed services for the Town. Now therefore be it TBR 4-11-2011 Page 28 of 30 RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign the Agreement with Cooperative Extension for program and administrative services for its Community Gardens. Authorization for Town Supervisor to sign and Agreement with Cornell Cooperative Extension for services associated with the Safe Routes to School Program TB RESOLUTION NO. 2011 - 071f: Authorizing the Town Supervisor to sign the Safe Routes to School Agreement with Cornell Cooperative Extension for 2011 WHEREAS the Town of Ithaca was awarded a Safe Routes to School (SRTS) grant from the New York State Department of Transportation in September, 2008 and WHEREAS the Town of Ithaca anticipates completing the walkway along Warren Road in the Spring of 2011 and WHEREAS a required component of the SRTS program is education of the children, parents and teachers near the walkway and WHEREAS the Town's Recreation and Youth Coordinator retired near the end of 2010 prior to conducting the final stages of the educational program and WHEREAS Cooperative Extension has considerable successful experience with informal, out -of school education, classroom instruction, and youth and community development Now therefore be it RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign the Safe Routes to School Agreement with Cornell Cooperative Extension for 2011. g. Approval of reimbursement for Commercial Driver's License (CDL) for certain Public Works employees TB RESOLUTION NO. 201-071g: Approval of Reimbursement for Commercial Drivers License (CDL) Renewal Cost for Certain Public Works Staff WHEREAS, the Teamster's contract with the Public Works staff was approved by the Town Board November 23, 2009, which changed some of the Town's policies; and WHEREAS, in early 2010 the Personnel Committee reviewed items from the contract that were different for union and non union Public Works staff in order to determine if the changes should be extended to non-union staff, however, the change for reimbursing for CDL renewals was not reviewed; and IQ i TBR 4-11-2011 Page 29 of 30 WHEREAS, the Personnel Committee after reviewing the cost and frequency of the expense recommends extending the reimbursement for the difference between the cost of a CDL and the cost of a Class D license to the non-union staff that have a position that requires a CDL, retro -active to January 1, 2011; Now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve reimbursing the cost difference between a CDL and a Class D license to the non-union staff that has a position that requires a CDL, retro -active to January 1, 2011. Report of Town Officials Written submitted by: Finance, Public Works; Codes and Human Resources Report of Town Committees Public Works Committee Consider Adoption of Construction Staging Policy There was some discussion on current projects and Mr. Goodman reminded the Board of the changes to the language in the policy from last meeting about the application of balancing test(s) Intermunicipal Organizations -- None Review of Correspondence -- None Mr. Goodman moved to enter closed session to seek the advice of counsel at 9:39p.m., seconded by Herb Engman, unanimous. Motion made to reenter open session at 10:13 p.m. by Tee -Ann Hunter, seconded by Nahmin Horwitz, unanimous. Consider Adjournment Motion by Rich DePaolo to adjourn at 10:14 p.m. RespectfuAsubed, Pau ette erwilliger, Town Clerk Boarrd of Fire Commissioners Report to Ithaca Town Board f,.� April 11, 2011 The following is a summary of the Board of Fire Commissioners quarterly report to the Ithaca Town Board for the I" quarter of 2011: Included with this report are: the Fire Chief's Report for the March 2011 BFC meeting and, Fire Marshal's Report for March 2011. The department call activity reports for January 1- March 31, 2011 are included as part of this report. As part of the activity report, a new chart provides a graphical comparison of call activity by type of call distributed by election district within the city -town fire service area. • Fire Department Staffing (March 2011) a. Current Department Active Fire Fighting staffing totals 64 (on duty staffing- 1 Acting Chief, 1 Deputy Chief, 5 Assistant Chiefs, 8 lieutenants, & 49 Fire Fighters. There is an additional fire fighter on injury leave and 1 on Administrative leave. Current open positions are: 1 Chief and 3 Fire Fighters. It is expected that an additional fire fighter will be on a leave of absence for at least a year, beginning in February or March of 2011. Chief Dorman advised the Board of Fire Commissioners that the Department is getting close to having overtime issues. b. Department Staff met with the City's Vacancy Review Committee in December to request the hiring of 2 Fire Fighters. Chief Dorman expressed optimism in December that the Department will be permitted to hire 2 Fire Fighters in February in time for them to 114 1 receive training at the Fire Academy. In January he reported that because any newly hired fire fighters would have a different retirement package from the other union members, the union must agree to placing the new hires into a separate retirement plan before the Department can proceed with filling the 2 positions. The City and Fire Fighters union are currently in contract negotiations. As of March, no agreement has been reached on the filling the vacant positions. • Budget Status 2010 —The final expenditure and revenue totals for 2010 were not available at the March meeting. • Financial Reports for 2011— included with BFC Report. • Fire Police Activity: The volunteer Fire Police unit continues to develop and meets monthly for training They are available for traffic control at the scene of fire or traffic incidents. Members of this unit are interested in recruiting new volunteers to serve. A new member has been recruited and is expected to be approved as a new volunteer in the department at the BFC Apr. Meeting. • A new card -reader access system has been installed at all stations and should be operational in the next few months. Items in urostress: • Traffic calming device remediation. — The BPW held a public hearing in March on this issue and has asked the City traffic engineer for various options for removing the diverters and changing the speed humps. f BFC Report to Town of Ithaca Board 11 April 2011 • Charter Review- the Board of Fire Commissioners met twice in February 2011 with the City's Charter review committee. The BFC is charged with developing a preliminary recommendation on changes to present to the Council's charter review committee. The Board of Fire Commissioners is currently working on a tool to obtain input from stakeholder groups and individuals. • Resource recovery — no action. • County Fire -Disaster — EMS Advisory Board— no new action on this issue. • Training Center Facility Project — the City Park's Commission is recommended granting a waiver that will allow the expansion of class room space at the IFD training center to proceed, this recommendation has gone to BPW. • The Board is working with the City Clerk's Office to begin posting BFC meeting agendas and minutes on the City Website. Respectfully Submitted, Bill Gilligan Chair, Board of Fire Commissioners Page 2 Monthly Report of the Fire Chief to the Board of Fire Commissioners, for the March 2011, meeting. Combined Chief's and Deputy Chief Operations Report LIFE SAFETY DIVISION Administration 1) Career Personnel Report PERSONNEL STAFFING LEVELS 1 Acting Chief I Deputy Chief 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters ' 64 On duty personnel l 1 Fire Fighter on Injury Leave I Fire Fighter on Administrative Leave a I Fire Alarm Superintendent 1 Office Manager I Administrative Assistant .05 Financial Clerk Total employees as of 01M1 /11 — 69.5 - Open positions — Chief, 3 Fire Fighters (2 unfunded, 1 funded) b) Hiring/Recruitment Committee The Vacancy Review committee has approved the hiring of two Fire Fighters (one to replace a disability retirement; one to replace a leave of absence) with- the condition that the City and the Fire Fighters Union reach an agreement regarding the retirement provisions that would apply to new hires. Since the City and the FF Union are in negotiations, I do not expect this to be resolved soon and therefore I do not expect being able to hire soon. (same report as last month) 2) Budget Status a) Account totals for 2010 and 2011 are still not available. Fire Chief's Report for Much 2011 3) `l) 08 MAR 11 Page 2 of 3 County Coirnnunications and 911 Program a) Some minor progress has been made in the implementation of the Counties CAT) 911 system however, many problems continue to exist. Grants and Donations r J a) Assistance to Firefighter Grants (AFG); (in -vehicle repeaters) — DC Parsons is 4 working on identifying and securing the proper frequencies for this project. L` b) Training Center Project Funding: The City Parks Comi nittee voted tomove t s item to the Board of Public Works (same report as last month) 5) Resource Recovery Legislation No report 6) City Charter Update -� Delegated to a committee established by the Board of Commissioners 7) Traffic Calming The Board of Public Works will be holding a public hearing concerning the removal of the speed bumps at Wood and South Streets on 3/9/11. Operations 1) - Mutual Aid Calls: Quarterly Report 2) Selected Calls — No Report 3) Support The hardware work for the keyless entry system is done. I do not have a date when we will be converting to the prox cards and fobs. I have asked West Fire to provide a price'quote for installation of security cameras at Central Station. Fire Chief s Report for March 2011 08 MAR 11 Page 3 of 3 Fire Prevention Bureau 1) Please see Deputy Fire Chief Parson's report of Fire Prevention Bureau activities Safety Section OPERATIONS DIVISION Response 1) Quarterly Call Report 2) Emergency Management No report Support 1) Training Center Quarterly Report Training Quarterly Report Recruitment and Retention 1) See DC Parsons report 2) Summaries of Service Hours: Quarterly Report Respectfully submitted, J. Thomas Dorman, Acting Fire Chief 0 e CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFFICE of THE FIRE CHIEF Telephone: 607!2724234 Fax: 607/272-2793 March 4"', 2011 Board of Fire Commissioners Ithaca Fire Department 310 W Green St. Ithaca, NY 14850 Dear Board Members: The following is the Fire Marshal's report for February 2011. Code Enforcement Division: The Codes Enforcement Division received 28 complaints in the month February. There were 17 complaints forwarded to the City of Ithaca Building Department and 4 complaints forwarded on to the Town of Ithaca Code Enforcement Department. There were 21 complaints closed out, and 39 complaints remain open for February and previous months. The Code Enforcement Division performed 129 Fire Safety and Property Maintenance Inspections or Re -inspections. The division also witnessed 8 Fire Alarm Tests; 1 Standpipe Flow Test; and 6 Hydrostatic Sprinkler System Tests. There were 216 violations cited. The Code Enforcement Division issued: 13 operating permits for assembly occupancies; and -14 certificates of compliance for fire and property maintenance inspections. Fire Investigation Unit: There was one fire investigation performed in February for a fire that occurred at 301 S Geneva Street in the City of Ithaca. The fire investigation determined the cause was accidental related to a cooking fire. Public Education: There were 4 Child Safety Seat Inspections; and I Public Education Activities performed; by the department in February. Municipal Fire Alarm System The municipal fire alarm system has remained operational while the remaining property owners disconnect from the system. There is are 12 buildings still tied to the system, and despite having a February 2811i 2011 date for the final shut down of the system. The remaining properties are in the process of being transitioned off of the fire alarm system "An Equal opportunity Employer with a commitment to workforce divmificntion." co Fire Marshal's Report for February 2011— Page 2 and should be completed within the next week. The fire alarm superintendent has already begun isolating and dismantling parts of the system. Respectfully Submitted, (29hmc C Thomas Parsons j Deputy Fire Chief / Fire Marshal I I I� .I I I 2011 REVENUE SUMMARY BY ACCOUNT February Revised REVENUE PCT YTD REVENUE Collected Remaining REVENUE Average Mthly Projected Fire Code Inspection 1565 $32,000 $3,007 9% $28,993 $1,503 $18,040 Home & Comm Services 2189 $100 $50 0% $50 $25 $300 Public Safety Services 2260 1$6,000 $374 6% $5,626 $187 $2,244 Fre Protective Services 2262 $3,177,500 $0 0% $3,177,500 $0 $0 Rental of Real Property 2410 $11,000 $0 0% $11,000 $0 $0 Rental of Equipment 2414 $0 $0 0% $0 $0 $0 Public Safety Permits 2550 $7,000 $852 12% $6,148 $426 $5,112 Fines & Forfeited Bail 2610 $5,000 $0 0% $5,000 $0 $0 Minor Sales 2655$100 $6 6% $94 $3 $35 Sale of Equipment 2665 $0 $0 0% $0 $0 $0 Insurance Recoveries 2660 $8,000 $0 0% $8,000 $0 $0 Other Compensation for Los 2690 $50 $0 0% $50 $0 $0 Refund Prior Year Expense 2701 $200 $85 42% $115 $42 $510 Gifts & Donations 2705 $711,967 $0 0% $711,967 $0 $701,445 Unclassified Revenue 2770 $2,000 $0 0% $2,000 $0 $0 Home & Community Service 3989 $0 $0 0% $0 $0 $0 1 $3,960,917 1$4,373.. 0.1% $3,956,544 IS2.187 $727,685 V February 2011 Budget Program Account Balances 2011 Accounts 3/10/2011 50 51 S2 S3 S4 55 56 57 O '�v qN \ V a= L v N > o O Ln V^ ° Cr t o C II m .a y m 4 ) d dx W m j m 7 d o� V E Q Z o � � c U ° >T > m M n G Q D N c= d m � .-. 'p° �m a a m Q N c o p G V V wn m H c Eo N N y M p '- o� y a- a. a.. uD.Eaa N O i �v =O. eq m N y and E O cr t°� u C yto Admin 34Z475 105 229,410 15223 3,045 6,851 19,972 17,780 12,178 0 0 304,458 ll% Stall 4,724,792 110 208,473 320,727 40,091 2004,549 1,202,730 76,173 156,355 0 0 4,009,098 15% OverAme 370,000 125 23,600 6,652 1,073 249228 14,691 629 50,258 0 346,137 6% Fum & fl7dures 0 205 p 0 Office Equip Other Equip 0 19,400 210 2250 0 0 0 0 19,400 0 0 19,400 0% Telephone 17.500 405 70,901 3,540 14,441 17% UtQifes 110,000 410 97,803 97,803 11 % Clothes Gas &Oil 170,150 69,000 415 420 0 49,111 0 39,567 69,000 1,000 89,678 ' 69,000 19% 0% Office Expen 9,000 425 7,765 500 8.265. 8% Contracts 31,123 435 0 29,803 6D0. 30,403 StoHDevel 36,775 440 0 5,3001,000 11,300 4,075 1,000 6,686 5,039 2800 29,361 20% Travel Insurance 11,200 115,000 445 455 5,600 87,850 10,639 87,850 5% 24% PrgmSuppl 34.665 460 505 5,300 1,600 12,319 0 11,675 34,199 1% Renta[ Z800 470 2,755 2,755 2% Prop Mclnt 48,500 475 42,305 42,305 178 608 13% 6% Equ[p Malrrl 190,000 476 10,178 9,520 153,660 5,250 0 Equip Ports Bldg Matn 70,650 8,800 6,327,830 -:: 477 480 584,282 _ 353,202 1 125,723 2,293,767 66,836 8,668 1,741,461 •117,147 233,316 1 0 1,000 0 66,836 8,668 5,449,897 I 5%t 2% 14% 2011 Accounts 3/10/2011 Ithaca Fire Department IFD Incident Type Summary By District (Modified) Alarm Date Between (01/01/2011} And {03/31/2011} 04/08/20 07 9 1 C^ I Good Hazardous Over- Service False District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total City of Ithaca 11 61 52 1 314 56 250 0 0 745 City of Ithaca - Cornell2Property 26 1 0 33 0 35 0 0 97 Outside Ithaca 2 4 3 0 2 2 0 0 0 13 Town of Ithaca 6 14 8 0 170 14 22 0 0 234 Town of Ithaca - Corne110Property 2 1 0 6 1 10 0 0 20 Town of Ithaca - Ithaca (college 3 2 0 35 1 24 0 0 68 24 110 67 1 560 74 341 0 0 1177 04/08/20 07 9 1 C^ I 300 250 200 100 50 0 Incidents Action Taken i InniAenkv f __oeaee���_�I Action Incide Invest Provi Resc Extric Resto Syste Assist Stand 'Assist Establ Invest Invest Invest Emer Canc Provi Invest Provi invest taken, nt igate de ue, ate, refire ms physic ante, ish igate igate igate gency elled de igate de Other comm EMS, manp water disent alarm and ally by Other safe Non- Alarm EMS, medic en first igate EMS, basic 1 1 1 1 1 2 2 2 3 3 5 5 5 13 13 21 40 41 67 79 284 Incidents City of 11 IFD Incidents by District (Modified) Alarm Date Between (0110112011) And (03/3112011) City of Ithaca Outside Ithaca ■ Town of Ithaca - Cornell Property ❑ City of Ithaca - Comell Property [❑ Town of Ithaca E] Town of Ithaca - Ithaca College Town of Ithaca - Ithaca College 6% rn of Ithaca - Cornell Property 2% 12 12 11 11 10 10 9 9 8 8 7 7 ctiy 6 6 �c 5 5 4 4 3 3 2 2 1 1 IFD Responses 111/2011 through 312812011 '41 S 7 -5 D O Q. 0. �_ � a 5 '5 7 W N N N q N q r r n' n n c`i 'n n 4 4 4 4 d 4 B. C� a a a a 4 P- O- O- 4 d P• �' •' r' r •' r .- r .' r N N N N N N lE� N N N Z N U) Rl Z Z Z i i r �, r r i ni nr r r fi C) N W a 5 N p y o r N N m t P. fn N Z N o m M fp Z fi in Z Z -n S m o s w rn t n o a s, n f9 N ° N [� ., G r 0? N' Q N m � ° G q° •• y CD Q: G ,.n G ; S 7, m rn s r m �^ C? ? fi ° G m co cQ `� C1 5 m C� y n m° �� a s 3 tri w G S. to � a 2 Z [D 2 N M i f0 @ 5 N N N Election District 1FD Responses 111/2011 through 3/2812011 l False Alarm J N Good Intent ■ Service Call 700— O Hazardous Condition ■ EMS/Rescue boo IS Overpressure/Rupture EFire—.. •`a §`: J C�9 400 300 100- - .1 AP 0 o- , LZ City of Ithaca City of Ithaca - Town of Ithaca Town of Ithaca - Town of Ithaca - Cornell Property Cornell Property Ithaca College 1 False Alarm 250 35 22 10 24 [Good Intent 61 26 14 2 3 [Service Call 56 0 14 1 1 3 Hazardous Condition 52 1 B 1 2 1 EMS/Rescue 314 33 170 6 35 IOverpressure/Rupture 1 0 0 0 0 1 Fire 11 2 6 0 3 District Ithaca Fire Department IFD Incident Type Summary by Election District Alarm Date Between {01/01/2011} And {03/31/2011} 04/08/2011 21:08 Page 1 Good Hazardous Over- Service False District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total City - 1st Ward, Distri8t 1, NE, Wbst Hill 0 0 10 3 4 0 0 20 City - 1st Ward, Distriflt 2, W, Wbst Hill 2 0 28 1 6 0 0 38 City - 1st Ward, Distriat 3, SW, S3)uthwest 2 0 30 5 15 0 0 58 City - 1st Ward, Distrift 4, S, Lober South H311 0 7 6 5 0 0 24 City - 1st Ward, Distri@t 5, S, Upper South H211 0 3 2 10 0 0 19 City - 2nd Ward, Distriat 1, NE, T5riangle 3 1 16 2 5 0 0 35 04/08/2011 21:08 Page 1 Ithaca Fire Department IFD Incident Type Summary by Election District Alarm Date Between {01/01/2011} And {03/31/2011} 04/08/2011 21:08 Page 2 Good Hazardous Over- Service False District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total City - 2nd Ward, Distri@t 2, S, Southside, Titus 0 55 5 53 0 0 123 City - 2nd Ward, Distrift 3, W, Fuaton, Court9 Lin 0 49 9 25 0 0 101 City - 2nd Ward, Distri^et 4, Comm'b2<s East Busfiness 0 41 9 36 0 0 106 City - 3rd Ward, Distrilt 1, E, C2anell Campub 0 22 0 24 0 0 71 City - 3rd Ward, Distriflt 2, E, Co(Llegetn Be4Sher 0 5 2 17 0 0 28 City - 3rd Ward, Distriflt 3, SE, Bb1Sher, E Slate 0 7 0 2 0 0 11 04/08/2011 21:08 Page 2 Ithaca Fire Department IFD Incident Type Summary by Election District Alarm Date Between {01/01/2011} And {03/31/2011} 04/08/2011 21:08 Page 3 Good Hazardous Over- Service False District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total City - 4th Ward, Distri@t 1, NE, Test Campus0 0 11 0 13 0 0 27 City - 4th Ward, Distri8t 2, E, Mihdle East Hall 0 4 1 7 0 0 16 City - 4th Ward, Distri8t 3, E, Lo4rer College4own 0 20 6 28 0 0 62 City - 5th Ward, District 1, N, FaE1 Crk and Villw 0 12 3 7 0 0 29 City - 5th Ward, Distridt 2, N, Fhll Crk, Gut Hil 0 9 1 5 0 0 18 City - 5th Ward, District 3, NE, Cornell HeigRts 0 10 1 21 0 0 44 04/08/2011 21:08 Page 3 Ithaca Fire Department IFD Incident Type Summary by Election District Alarm Date Between {01/01/2011} And {03/31/2011} Town Good Hazardous Over- S, Service False and SouthOHill 0 30 District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total City - 5th Ward, Distridt 4, Farm,OAurora, Kihg 0 4 0 2 0 0 7 Out of District 2 5 3 0 2 2 0 0 0 14 Town - District 1, NW,1Trumansbur2J Rd 0 0 24 2 4 0 0 33 Town - District 2, SW,2Bostwick &l Elmira Rdsl 0 13 0 0 0 0 17 Town - District 3, S, $tone Quarr-* and SouthOHill 0 30 2 3 0 0 39 Town - District 4, E, 811is Hollo4r to Slatergille 0 36 5 12 0 0 60 04/08/2011 21:08 Page 4 Ithaca Fire Department IFD Incident Type Summary by Election District Alarm Date Between {01/01/2011} And {03/31/2011} Town - District 12, E, Raple Ave 1 0 0 10 1 0 0 0 12 09/08/2011 21:08 Page 5 Good Hazardous Over- Service False District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total Town - District 5, NE,OCornell Cafipus to NE 0 0 5 0 9 0 0 10 Town - District 7, N, Village of (Cayuga HgtsO 0 0 0 1 0 0 1 Town - District 9, N, East Shore Ind RenwickO 0 9 1 0 0 0 7 Town - District 10, S, Ithaca Coll.1ge 1 0 90 1 25 0 0 73 Town - District 11, SE,1Troy Coddi&gtn Slater@iille 0 6 1 3 0 0 11 Town - District 12, E, Raple Ave 1 0 0 10 1 0 0 0 12 09/08/2011 21:08 Page 5 Ithaca Fire Department IFD Incident Type Summary by Election District Alarm Date Between {01/01/2011} And {03/31/2011} Good Hazardous Over- Service False District Fire Intent Condition Pressure Rescue/EMS Calls Calls Special Weather Total Town - District 13, S, South of Ki&g Rd 2 0 7 2 1 0 0 12 Town - District 14, W, 6lecklenburg3Rd 3 0 40 1 3 0 0 51 24 110 67 1 560 74 341 0 0 1177 04/08/2011 21:08 Page 6 Ithaca Fire Department IFD False Alarm Cause Report Alarm Date Between {01/01/2011} And {03/31/2011} False Alarm Cause Total Percent of All: BioHazard Alarm, Device Malfunction 1 0.2% Bomb Scare, No Bomb 1 0.2% Detection Device, Cleaning 4 1.1% Detection Device, Dust 20 5.8% Detection Device, Extinguisher 3 0.8 % Detection Device, Malfunction 30 8.8 % Detection Device, Water 16 4.6% Dust Detector, Vehicle Exhaust 1 0.2% Fog -Smoke Machine 4 1.1% Malicious, Pull - Private Alarm 16 4.6 % None 5 1.4% PERS, Emergency Button 5 1.4� PERS, Pendenant 4 1.1� Pull Station Unintentional 18 5.2� Smoke, Cooking NO FIRE 121 35.4% Smoke, Illegal Drug Use 1 0.2% �ke, Soldering -Welding 1 0.2% t noke, Solid Fuel Appliance 2 0.5% Smoke, Tobacco Product 6 1.7% Sprinkler, Contractor 2 0.5% Sprinkler, Frozen Pipe 4 1.1% Sprinkler, Water Surge 3 0.8% Steam, Bathroom or Shower 4 1.1% Steam, Cooking 2 0.5% Steam, Laundry 1 0.2% Steam, Other 6 1.7% System Activation, Contractor 28 8.2� System Activation, Malfunction 30 8.8� System Activation, Power Out 1 0.2� Trouble Alarm 1 0.2% Total Incident Count 341 04/08/2011 21:06 Page 1 Ithaca Fire Department Incident Type Period Comparisons Alarm Date Between (01/01/2011} and {03/31/2011} Incident Type 01/01/2011 01/01/201 01/01/2009 01/01/2008 to 0 to to to 03/31/2011 03/31/201 03/31/2009 03/31/2008 0 100 Fire, Other 0 2 0 111 Building fire 11 8 11 £ 113 Cooking fire, confined to container 3 4 9 114 Chimney or flue fire, confined to chimney or flue 1 0 2 118 Trash or rubbish fire, contained 1 1 4 7 131 Passenger vehicle fire 4 4 2 140 Natural vegetation fire, Other 0 0 1 143 Grass fire 0 0 1 150 Outside rubbish fire, Other 1 1 2 151 Outside rubbish, trash or waste fire 1 0 1 154 Dumpster or other outside trash receptacle fire 1 1 0 160 Special outside fire, Other 1 0 0 212 Overpressure rupture of steam boiler 0 0 0 240 Explosion (no fire), Other 0 0 1 251 Excessive heat, scorch burns with no ignition 1 0 0 300 Rescue, EMS incident, other 9 8 12 r,oii�1 Medical assist, assist EMS crew 3 8 51 3` 21 EMS call, excluding vehicle accident with injury 502 415 344 36E .22 Motor vehicle accident with injuries 31 11 25 2 323 Motor vehicle/pedestrian accident (MV Ped) 2 2 4 E 324 Motor Vehicle Accident with no injuries 8 8 1 3311Lock-in / Knox Box Access Required 0 1 0 342 Search for person in water 0 1 1 350 Extrication, rescue, Other 0 0 0 352 Extrication of victim(s) from vehicle 1 1 0 353 Removal of victim(s) from stalled elevator 2 8 1 356 High -angle rescue 0 1 0 ] 360 Water & ice -related rescue, other 1 1 0 381 Rescue or EMS standby 1 3 0 400 Hazardous condition, Other 21 11 15 2S 410 Combustible/flammable gas/liquid condition, other 6 0 0 411 Gasoline or other flammable liquid spill 0 2 7 412 Gas leak (natural gas or LPG) 17 20 6 413 Oil or other combustible liquid spill 0 1 0 421 Chemical hazard (no spill or leak) 0 0 1 C 422 Chemical spill or leak 0 0 0 ] 424 Carbon monoxide incident 4 8 8 1C 440 Electrical wiring/equipment problem, Other 0 1 0 5 441 Heat from short circuit (wiring), defective/worn 1 1 0 C 442 Overheated motor 0 0 1 2 3 Breakdown of light ballast 2 1 4 1 04/08/2011 21:10 Page 1 Ithaca Fire Department Incident Type Period Comparisons Alarm Date Between {01/01/2011} and {03/31/2011} Incident Type 01/01/2011 01/01/201 01/01/2009 01/01/2008 to 0 to to to 03/31/2011 03/31/201 03/31/2009 03/31/2008 0 445 Arcing, shorted electrical equipment 5 3 2 4 451 Biological hazard, confirmed or suspected 1 0 0 460 Accident, potential accident, Other 1 0 1 ] 461 Building or structure weakened or collapsed 2 0 1 463 Vehicle accident, general cleanup 0 1 12 1( 480 Attempted burning, illegal action, Other 0 1 0 500 Service Call, other 36 32 45 4" 510 Person in distress, Other 2 5 2 511 Lock -out 4 2 3 520 Water problem, Other 5 6 6 521 Water evacuation 5 2 1 522 Water or steam leak 7 8 9 531 Smoke or odor removal 1 2 0 550 Public service assistance, Other 4 3 5 551 Assist police or other governmental agency 4 3 6 1( 552 Police matter 2 1 1 2 ^53 Public service 1 2 0 C 54 Assist invalid 1 2 0 2 161 Unauthorized burning 1 0 1 C 571 Cover assignment, standby, moveup 1 0 2 600 Good intent call, Other 20 23 21 23 611 Dispatched & cancelled en route 4 5 26 2E 6111Dispatched & cancelled en route - By Dispatcher 6 1 0 C 6112Dispatched & cancelled en route - By Bangs 16 18 25 C 6113Dispatched & cancelled en route - By CUEMS 16 13 5 C 6114Dispatched & cancelled en route - By CU EH&S 10 8 3 C 6115Dispatched & cancelled en route - By IC Safety 1 0 0 C 6117Dispatched & cancelled en route - By MA Dept 3 0 1 C 6118Dispatched & cancelled en route - By IPD 2 3 1 C 6119Dispatched & cancelled en route - By Other Police 1 0 0 C 621 Wrong location 2 0 0 1 622 No Incident found on arrival at dispatch address 6 3 0 C 631 Authorized controlled burning 2 1 1 C 632 Prescribed fire 0 2 1 C 641 Vicinity alarm (incident in other location) 0 1 0 C 650 Steam, Other gas mistaken for smoke, Other 2 2 2 2 651 Smoke scare, odor of smoke 11 1 14 5 652 Steam, vapor, fog or dust thought to be smoke 1 1 0 0 653 Smoke from barbecue, tar kettle 0 0 1 0 661 EMS call, party transported by non -fire agency 0 0 0 1 1 HazMat release investigation w/no HazMat 7 7 2 2 1 04/08/2011 21:10 Page 2 / 0b� Ithaca Fire Department Incident Type Period Comparisons Alarm Date Between {01/01/2011} and {03/31/2011} Incident Type 01/01/2011 01/01/201 01/01/2009 01/01/2008 to 0 to to to 03/31/2011 03/31/201 03/31/2009 03/31/2008 0 700lFalse alarm or false call, Other - Medical Alarm 1 0 0 0 710 Malicious, mischievous false call, Other 2 0 4 10 711 Municipal alarm system, malicious false alarm 0 2 6 6 712 Direct tie to FD, malicious false alarm 0 0 3 3 713 Telephone, malicious false alarm 0 1 0 2 714 Central station, malicious false alarm 14 5 7 9 721 Bomb scare - no bomb 1 0 0 0 730 System malfunction, Other 13 13 13 20 731 Sprinkler activation due to malfunction 0 0 14 9 733 Smoke detector activation due to malfunction 11 14 17 11 734 Heat detector activation due to malfunction 2 0 4 2 735 Alarm system sounded due to malfunction 23 14 15 12 736 CO detector activation due to malfunction 0 0 1 4 740 Unintentional transmission of alarm, Other 38 29 97 89 741 Sprinkler activation, no fire - unintentional 2 7 6 5 743 Smoke detector activation, no fire - unintentional 159 127 139 143 (Oft�44 Detector activation, no fire - unintentional 29 44 9 7 45 Alarm system activation, no fire - unintentional 34 25 7 22 746 Carbon monoxide detector activation, no CO 6 8 0 0 900 Special type of incident, Other 0 1 1 2 Totals 1177 994 1067 1037 r 04/08/2011 21:10 Page 3 Hazardous Condition (Nc Overpressure Rupture, Explosion, Overheat(no fire) Incident Type Summary Alarm Date Between {0110112011} And {03/31/201 1) 11 False alarm & False Call 0 Good Intent Call ® Overpressure Rupture, Explosion, Overheat(no fire) 0 Service Call ❑ Fire ❑ Hazardous Condition (No Fire) ❑ Rescue & Emergency Medical Service Incident Call 6% 4"f V�&�j -*�, April 11, 2011 Ithaca Town Board meeting My wife and I live on Campbell Avenue, on West Hill in the City of Ithaca. Route 96 is so congested much of the time that I won't even use it to go downtown — I prefer Route 79. There has always been some cut -through traffic on our street, but it will become worse as more traffic is added to the Route 96 corridor. Actions taken by the Town and the County have real impacts in the City. Connecting Linderman Creek and Overlook, we now have 40 TCAT buses a day passing through our residential street, which includes a tight, difficult turn at Hopkins Place. Any Environmental Impact Statement must be prepared by using research thorough enough to anticipate such consequences. The EIS for the Holochuck proposal barely considered the traffic backup at the West End of Ithaca. We do not want bumper -to -bumper traffic in our neighborhood, or stoplights at the ends of our street, but those possibilities are examples of what could happen. This is a real, negative impact on quality of life in a neighborhood. No additional development, including Holochuck or Conifer, should be approved before a Master Plan, including traffic remediation, is in place for West Hill. Greg Perreault U✓ hile there are many perspectives on how development of the region should proceed, we, the undersigned, ask that no large-scale development be allowed to proceed in the area known as West Hill for at least one year (with no exception of the Holochuck or Conifer projects). This moratorium is to be used by Town planners to generate a vision of where development should lead, how development will serve the interests of future as well as present residents of the area, respond to the specific challenges of energy use, and fit in with a viable transportation system. The analysis is to take account not only of the Town of Ithaca, but of the greater community that affects and is affected by the town. Pat Dutt, Town of Ithaca Andrejs Ozolins, City of Ithaca What happens on West Hill all comes past my house on Cliff Street. I very much want to be sure that development is not something that will prove to be a disaster in 10, 20, 40 years. Lew Durland, Town of Ithaca We need to complete the update of the Town's Comprehensive Plan before considering new development. Marie Harkins, Town of Ithaca I live and work on West Hill and think that the issues of traffic and infrastructure impacts r� of large-scale development are being vastly understated by the town board members who are pushing this. Please take the time to do some updated studies before you agree to something that we are going to feel the impact of for many years to come. Susan Evans -Pond, Town of Ithaca I fully support a moratorium, now, with no exceptions for Holochuck or Conifer. With the sustained depth of citizen comment, at meetings and through letters, requesting advance planning and joint Town/City planning, it is astounding, unprofessional, and disheartening to see some board members so partisan to developers' interests. It speaks to a level of developer influence that make me very uncomfortable with the impartiality of this governing body. Sharon Ahlers, City of Ithaca Anthony Di Renzo, City of Ithaca xxxxxxxx, City of Ithaca Tish Pearlman, Town of Ithaca I fully support this moratorium. I find it astonishing how so many of our town board members can continually fail to support the will and voice of so many of us who actually live in the area of west hill that would be most negatively affected by runaway development. Perhaps it's worth repeating: You people we NOT elected to represent the developers but the people who actually live in these communities. Carol J. Painter, Town of Ithaca We need time to truly develop a well -thought -through plan for beautiful West Hill. Thank you. Anna Smith, Town of Ithaca The Town Board's allegiance must be to Town residents, not to developers. We taxpayers, who will bear the financial burden of infrastructure expansion required for West Hill development, deserve a FULL moratorium -- no exceptions. J.W. Yetzer, City of Ithaca This reasonable request should be honored. Alice Rockey, other xxxxxxxx, City of Ithaca Judith Swann, City of Ithaca xxxxxxxx, Town of Ithaca Joseph Wetmore, Town of Ithaca It makes no sense to enact a moratorium and then exempt the major projects on the horizon. McKenzie Jones -Rounds, City of Ithaca Abbe Lyons, Town of Ithaca Don R. Crittenden, Town of Ithaca xxxxxxxx, Town of Ithaca L Stefanucci, Town of Ithaca Responsible planning is the civic duty of elected officials such as the Town Board and Town Supervisor; it is time for our elected officials to take responsibility for the issues on West Hill. A moratorium on West Hill is absolutely necessary for a safe Ithaca: a true moratorium that does not exempt hundreds of as yet to be constructed units and new roads that will exacerbate rather than ameliorate problems already in existence in Ithaca. xxxxxxxx, Town of Ithaca The additional traffic and pollution is the last thing we need! Stacy Snyder, Town of Ithaca Please do not destroy my neighborhood with more traffic. I do not want the open sky and quiet to be any more eroded than it has in the last ten year. What good is zoning if any developer gets a green light. Enough! /°"\ Scott Teel, City of Ithaca Patricia Viglietta, Town of Ithaca Deborah Homsher, City of Ithaca Helen Gibson, Town of Ithaca S. Castillo -Davis, Town of Ithaca As a resident of the Northeast, I am in favor of the West Hill moratorium because irresponsible development has an impact on ALL who live and work in the Town of Ithaca. Exempting the largest developers from the moratorium makes a mockery of its very purpose and demonstrates a lack of respect for due process and the concerns community members haver raised. margot brinn, City of Ithaca We know enough now about healthy human development to think again before allowing more development outside urban areas. Neil Snyder, other Study first, develope next. in doherty, Town of Ithaca Regi Teasley, City of Ithaca We must stop and think carefully about our future needs. It won't be like the 20th century. Stop is the operative word now. More of the same is not a rational approach. West Hill can be something very positive if we choose to make it so. Ben Komor, Town of Ithaca Any officials who wish to build (against popular demand) ought to be ashamed of themselves. Pamela Markham, City of Ithaca xxxxxxxx, Town of Ithaca Joan Lawrence, City of Ithaca Since Routes 79 and 96 leading into Ithaca are already crowded and all that traffic has to go through Ithaca where the streets are even more crowded, it makes sense to have a complete moratorium including Holochuck and Conofer. West Hill needs time to study traffic problems and solutions and a complete moratorium is the only way to do this. As a city resident, I resent having to pay higher and higher taxes for street repairs for traffic originating outside the city. The Town gets the tax income and we get to pay to fix the streets. No where in any of the material I have read does any developer have to put up J any funds to improve and/or maintain the roads. Gregory J. Perreault, City of Ithaca Without coordinated planning by City, Town, and even County, our quiet neighborhoods will become noisy, dusty polluted traffic jams. So, please start planning, instead of giving go-ahead to developers without realistic remediation of traffic Cindy Massicci, Town of Ithaca Casey Martinson, City of Ithaca Planned development that meets the needs of local residents is important. Gail Finan, Town of Ithaca Please look at what the area is like now Suzanne Perreault, City of Ithaca Anna Cook, other Enfield Leslie Meyerhoff, City of Ithaca John A. Boslett, Town of Ithaca Living on Mecklenburg Road, I am strongly in support of a moratorium on large scale �401� development. Christina and Jeb Mead, City of Ithaca We feel that careful, long-range planning in cooperation with neighboring cities and towns is essential to preserving quality of life in our area. It's very hard to undo a mistake once it has been built. There are also too many unanswered questions about traffic impacts from Holochuck and Conifer. Slow down and plan carefully! William Kellner, City of Ithaca gail sakai, Town of Ithaca Catherine P. Cook, Town of Ithaca Steven F. Pond, Town of Ithaca R.J. Wohlgemuth, Town of Ithaca Enforce a moratorium on West Hill Development Marsha Kardon, Town of Ithaca Fredric Kardon, Town of Ithaca �, Stephanie Schaaf, Town of Ithaca /001 Leigh Stivers, Town of Ithaca Rhea Garen, Town of Ithaca elizabeth fattaruso, Town of Ithaca This is such a common sense and community safety issue that we should not be forced to petition this roadway has long been overcrowded resulting in needless delays and slowing or barring access to the hospital for emergency vehicles particularly. No shoulders, no room to expand. No brained,,,,,, Marty Hiller, Town of Ithaca We don't need luxury housing in this economy. And our roads can't take a lot more traffic. xxxxxxxx, Town of Ithaca Traffic is already congested during the morning commute hours Bob Romanowski, Town of Ithaca Already sent a letter to the Town of Ithaca supporting a moritorium. Yvonne Fogarty, Town of Ithaca Genie Hurme, Town of Ithaca That three board members disagree with allowing two exceptions to a full moratorium is telling. A study would allow a responsible analysis that would benefit the whole area, Town and City. Traffic is already exceedingly problematic in this area - more large-scale building without a real solution to that traffic problem would be irresponsible. Jane Zimmer, City of Ithaca xxxxxxxx, Town of Ithaca Lenore Durkee, Town of Ithaca Michael fitzpatrick, Town of Ithaca xxxxxxxx, Town of Ithaca I support a completion of the Comprehensive Plan before building. Traffic mitigation should be of prime concern. In the morning on the way into Ithaca, traffic is backed up past the former Guthrie offices. Getting back up the hill an night is also very difficult. Angela, Town of Ithaca xxxxxxxx, City of Ithaca I hope true traffic assessments are done, during peak traffic times am/pm during school year. Alexander Rakowski, Ulysses I am against the continued expansion of Multi -dwelling Housing in the Ithaca Community. It may provide a "Quality Housing Structure" but like the Community that was Constructed across the Street from the Hospital Entrance, it will house many "undesireable elements" which has (and will continue to) force many Residents to leave that Community for fear for the SAFETY OF THEIR CHILDREN. That is what happens when "meaningful folks" try to help those that are not Financially Qualified to help themselves..... many are indeed helped but many neighboorhoods are indeed hurt. Communities are more than a place to house people inexpensively. I have not heard that Employment is growing so rapidly in Ithaca that MORE HOUSING IS REQUIRED .... or that PROSPECTIVE EMPLOYERS have decided against building a Plant here because there is not adequate housing. STOP ALLOWING EXPANDING WHEN THERE IS REALLY NO NEED. Mike Lupo, Town of Ithaca I oppose these large developments. Angela Mennitto, Town of Ithaca Thomas Hohn, Town of Ithaca route 96 is already congested. To consider development in the West Hill area is absurd. Judith Saul, City of Ithaca If new housing needs to be built, it must be done in a way that takes the big picture into account. We need open space as well as new housing. The housing needs to be affordable and sustainable, built in ways that do not create more stress on existing infrastructure, including roads. Adrienne Valenti, City of Ithaca Rebecca Younes, Town of Ithaca We need to fully consider the impact of new development on the community, especially in terms of traffic and infrastructure costs. The comprehensive study should be completed before any development is authorized. Slade Kennedy, Town of Ithaca A development moratorium is necessary while the updating process for the Comprehensive Plan is ongoing. Making exceptions to the moratorium defeats its purpose. George Frantz, City of Ithaca BRIAN H GROUT, Ulysses ra'�1 Stanley Renkas, Town of Ithaca We need to design an economy that does not depend on development ad nauseum. The sooner we can do that the better. Robert D. Harris, Town of Ithaca There is already too much congestion which needs to be addressed first. Mary Slade, City of Ithaca Adding significantly to the population density on West Hill without having the appropriate supporting infrastructure in place is neither wise nor responsible urban planning. Daegan Miller, Town of Ithaca Austin A. Duvernoy, Town of Ithaca There needs to be multi jurisdictional input and financing to solve the traffic problem that already exists in the West End of the City from West Hill sources. A fly -over would be unsightly and too costly, but a dedicated lane for through traffic is a must - perhaps one which reverses direction with each rush hour. xxxxxxxx, Town of Ithaca Will school district lines be redrawn? I support a 1 year moratorium on building Krys Cail, Ulysses I live 3 properties over the Town of Ithaca line into Ulysses, and also have a Cornell master degree in regional planning. All properties should be included in the moratorium, and all three municipalities (and ESPECIALLY all West Hill residents) should be involved in the visioning. Nancy Siegele, Town of Ithaca Tom Myers, other There needs to be much more thought put into West Hill development before adding so much proposed housing. In rush hour Rte. 96 is at capacity, in emergencies and road closings, there is no effective way to accommodate the diverted traffic.. maury TIgner, City of Ithaca xxxxxxxx, Town of Ithaca I was opposed to the "Overlook" apartments on Rt. 96 across from the hospital in a beautiful field. Meetings were attended by all my neighbors against this project, yet it went forward anyway, spearheaded by the Thayers. Crime in my neighborhood has arrived. At Overlook, fights and stabbings have taken place, with police there often. This /, is within 1 mile of my house! Zoning regulations and planning are there for a reason, to created a well planned town, limiting traffic, crime and anything else that negatively 1 impacts those that live there. I notice that the people who vote for these developments don't live in the neighborhoods they are being built in. Thayers comment on Overlook was that these developments need to be equally "spread out". It seems the concentration is now on West Hill. Enough is enough. Traffic is crazy, and crime in our quiet neighborhood is rampant. I am 100% for a moratorium on building apartments, anywhere in Ithaca. We have too many to fill now as it is. (I live on Duboise Rd.) Daniel Yokum, Town of Ithaca Nina Kethevan, Town of Ithaca Any development must be very carefully thought through. It is very clear that rushing is a symptom of something. And, unfortunately, that something is GREED. We do need planners who respect the community who live on the West Hill. Thanking you in advance. nanci blakeslee, Town of Ithaca Traffic continues to be a problem on Rt. 96 at certain times of the day. There needs to be cautious and careful consideration given to potential developing, taking into account the future needs of West Hill. Mary Jane Hetzlein, Town of Ithaca Gail Felker, Town of Ithaca We've spoken out about this many times, and so I hope the officials will hear us this time. xxxxxxxx, Town of Ithaca I fully support this moratorium with no exceptions. xxxxxxxx, Ulysses chad devoe, other Peak oil is real. Sprawl will result in the slums of the near future. Rebecca Schwed, Town of Ithaca I am very concerned about increased traffic. It is already difficult to make a left turn from Bundy Rd. onto Rte. 96, Cliff St can get very backed up, and the left from Cliff St. onto Old Taughannock (to Rte 89) can be impossible. I would also like to see the rural nature of Bundy Rd. preserved. Richard Carmean, Ulysses We moved to West Hill 10 years ago and have been subjected to increasing traffic on 96, now we are faced with fracking and our comfortable way of life threatened. Our home values will decrease, banks may not make mortages available and our drinking water (well) may become un drinkable. /0* M. Prosperi, Town of Ithaca I am absolutely opposed to more large scale development on West Hill. A moratorium with no exceptions needs to be passed now. Reba McCutcheon, Ulysses Please, let's make a plan that we can all be confident about. xxxxxxxx, Town of Ithaca William Avery, Town of Ithaca Steven Felker, Town of Ithaca No exceptions for Holochuck and Conifer. It is the responsibility of the Town Board to serve first the existing residents of the West end. By all appearances, the interests of developers seem to be taking precedence to the declining quality of life being experienced by West Hill citizens. Development needs to stop until a meaningful plan is in place to insure the quality and safety of existing residents. Further, it is time to aggressively arm -twist the city to a cooperative effort for additional means of access to the city from the west side - yes, bridges!! I'm not opposed to development, I'm opposed to stupid development. No more developments until there is more infrastructure to interface with the city in a safe and timely way. Thank you. xxxxxxxx, Town of Ithaca Barbara Warland, Town of Ithaca Lindy Williams, Ulysses monty berman, Town of Ithaca I would like the comprehensive plan to be in place before any exceptions to the moratorium are considered. Kurt Pipa, Town of Ithaca xxxxxxxx, Town of Ithaca BJ Bliss, Town of Ithaca peggy adams, Town of Ithaca Measure twice, cut once --since we will be affected by these changes, we need to know as much as possible beforehand --a study is only prudent. barbara van dyk, Ulysses s�e,�1►t.��Jtyhsr �Q K,r�-u 5 Brittain Comments on TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2011 A LOCAL LAW DELETING CHAPTER 205 OF THE TOWN OF ITHACA CODE, TITLED "PROPERTY MAINTENANCE", AND ADDING A NEW CHAPTER 205, TITLED "PROPERTY MAINTENANCE" § 205-1. Purpose and authority. We support the general purpose of this proposed legislation. It seems well-intentioned and should help to safeguard the aesthetic character of the Town. However, some specific provisions of it may have unintended consequences. Also, to live in suburban America in the 21' Century is to own material clutter such as lawn mowers and barbeque grills, and this law may benefit from being a little more lenient in that regard. Finally, it can be hard to regulate aesthetics. § 205-2. Prohibited acts. A. It shall be a violation of this chapter for any owner or other occupant of real property in the Town of Ithaca, or for any person having control of real property in the Town of Ithaca charged with the maintenance of the property, to deposit, abandon, maintain, keep or allow the accumulation on his or her real property, outside of any building, of any personal property, junk, trash, rubbish, garbage, refuse, debris, discarded materials, bulk items, and/or any other material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare, or creates degradation through unsightliness or noisomeness, or which creates a public or private nuisance. Potential Problems: • This prohibits the storage of any objectionable items "outside of any building. " However, according to the Town Zoning ordinance, a building is "A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property." Thus, storing items on a porch, under an overhang, in a carport, or in an open-faced machinery shed would seem to qualify as having them "inside" a building, even though they might actually be outside, and could potentially be visible from the road. • Many properties extend to the center of the road. Will these property owners now be responsible for picking up roadkill and the litter and debris that motorists leave on the shoulder and in the ditch? The Town also owns some of the newer subdivision streets. Will it institute a regular program to pick up the trash, and fine itself if it doesn it? Even if the Town (or County or State) does not own the land that underlies a street or road, if they are responsible for the "maintenance" of the ROW, would they be liable for picking up roadside litter? • One person's trash can be another person's treasure. There are those of us who find pink flamingos, garden gnomes, and some Holiday displays (particularly Halloween) to be "unsightly, "and some people may consider wind chimes to be "noisesome. " Is the Town going to become an arbiter of good taste? Will it find itself caught up in, and trying to resolve, what might be petty neighbor -to -neighbor disputes? (1) Examples of such materials are as follows: (c) Nonputrescible solid wastes consisting of combustible or noncombustible wastes, such as felled or cut trees, limbs, lumber or construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises, broken glass, discarded bedding, broken crockery, discarded furniture, toys, magazines and other paper goods, tools and parts, paints, varnishes and lacquers, containers, boxes and jars, and similar materials or parts thereof, whether mixed together or otherwise, and in any amount. Potential Problems: • This specifically prohibits felled trees and limbs. However, the Spring 2011 Town newsletter article entitled "Spring Brush and Leaf Pickup" indicates that residents can set out for pickup "a reasonable amount of yard waste (as is generated during a normal year). " Where are we to store the brush that accumulates during the year, while awaiting the next brush pickup, if we cant store it in our yards? • Would stacked firewood also be prohibited? What about firewood that has been delivered as logs, but has not yet been cut to length and split? • The Cornell Plantations maintains some natural areas in the Town, where downed trees are allowed to rot back into the environment. Dead trees that are near the road, and are considered to be a hazard to the traveling public, are felled towards the woods, then left to rot. They are clearly visible from the street. Would this no longer be allowed? • This section specifically prohibits "lumber or construction materials not actively and presently being used to construct or repair a building. " This would seem to prevent building supply stores from. displaying their materials to the public, and would require them to have all material stored indoors, which could restrict this sort of commercial activity in the Town. • The Town Public Works Facility has various materials stockpiled for future use, but not actively being used. Some of these are visible from the road or from neighboring properties. Would the Town have to follow its own laws, and visually conceal these stockpiles? (e) Abandoned, discarded, broken, or inoperable refrigerators, washing machines or other machinery or parts thereof. Any such items stored on any yard or lot for a period of more than 60 days shall be presumed to be abandoned. Potential Problems: • According to this, any appliances or machinery stored on any yard or lot for a period of more than 60 days "shall be presumed to be abandoned." This does not specifically state that the item has to remain unused or untouched during those 60 days. Thus, this regulation would seem to state that a barbeque grill that is stored in the backyard all summer could be presumed to be abandoned, even If it were used every weekend. • Some machines, like lawn mowers, are seasonal, and are not used during the winter, a period which often exceeds 60 days. Not every house in the Town has a garage or storage shed to accommodate off-season storage of these items. Would these residents have to construct storage sheds or find off-site storage facilities for their lawnmowers over the winter? • Many items of farm machinery are only used seasonally (hay rake, disc harrow, basket wagon, etc). It could prove a hardship if farmers were required to construct barns or sheds in order to store such large items indoors during the off-season. • The Town Highway Facility also has machinery that likely stands idle for 60 days at a time (Gradall, brush chippers, leaf vacuum, snowplows, etc). Would these also have to be stored indoors, out of sight from the street or from neighboring properties? • The Tompkins County Highway Facility has an antique piece of road grading machinery on display that hasnT been used for 60 years, not just 60 days. They see it as an historic object d'art, yet this legislation would seem to render it an abandoned piece of machinery, stored in violation of this law. (f) Any automobile, truck, or other vehicle originally intended for use on the public highways which is no longer intended or in condition for legal use on the public highways, including such vehicles which are in a state of disrepair or otherwise dilapidated, broken, or abandoned. For the purpose of this subsection, a vehicle shall be presumed to be no longer intended or in condition for legal use on the public highways if any of the following apply: [1] It does not bear and display upon such vehicle, in a location prescribed by the Commissioner of Motor Vehicles, a current registration from the State of New York or other recognized registering jurisdiction; or Potential Problems: • The NYS Vehicle and Traffic Law (Article 14, §401.7. E.4) states that trucks that bear "Farm" plates do not have to be registered for an entire calendar year. Thus, some "Farm" trucks might not have a current registration during the off-season, and would be legally classified as being `no longer intended or in condition for legal use on the public highways. '° These vehicles could then not be stored outdoors. • Car dealers who offer new and used cars for sale would not be able to display these vehicles to the public, since the cars are not registered. Even members of the public would not be able to display a used car for sale if they have already transferred their license plates from their old vehicle to their new vehicle. Possible Solution: • Allow a grace period for how long a vehicle is allowed to remain unregistered. Perhaps one year? [2] It does not bear and display upon such vehicle, in a location prescribed by the Commissioner of Motor Vehicles, an inspection certificate issued within the last 12 months in accordance with the laws of the State of New York or the laws of any other recognized inspecting jurisdiction; or Potential Problems: r� • Not all states require an annual vehicle inspection. Therefore, when our sister comes to visit from Ohio, she would not be allowed to park in our driveway, since her vehicle would not have �` ' an inspection certificate issued within the last 12 months. • The NYS Vehicle and Traffic Law (Article 5, §308.3) states that vehicles with "Farm" registrations do not have to be inspected. Thus, some "Farm" trucks could be doubly counted 1 as being illegal. • New cars are typically not inspected until the time of sale. Thus, new car dealers would be unable to have their vehicles on display. As with "Farm" trucks, they would have two counts against them: no registration and no inspection. • Oddly enough, the NYS Vehicle and Traffic Law (Article 5, §308.5) does not require fire vehicles to be inspected. Thus, the fire companies on South and West Hills would have to keep their trucks stored indoors at all times. Possible Solutions: • Clarify that this provision only applies to uninspected vehicles that require an inspection for legal roadway use, and/or • Allow a grace period for how long a vehicle is allowed to remain uninspected. Perhaps as long as one year? • Perhaps drop this provision. Would the registration provision (above) be adequate? [3] Such vehicle is not able to be moved by its own power. Potential Problems: • The NYS Vehicle and Traffic Law (Article 1, § 156) defines a `trailer" as being a Vehicle" which is "not propelled by its own power." Therefore, according to this proposed legislation, any trailer would be legally considered to be "no longer intended or in condition for legal use on the public highways,"even if it were currently registered and inspected. This proposed legislation would therefore make it illegal to store any trailer (be it a camper-, cargo-, equipment-, boat-, or livestock -trailer, etc) on your property within sight of the road or a neighboring property. • Not all vehicles that are parked at a vehicle repair facility are able to move under their own power. (In fact, this could be why they are at the repair facility in the first place.) Would they have to be stored indoors? Also, the ICSD bus garage on Bostwick Road always has a few out -of -service buses that are undergoing repairs. Would these also have to be stored under cover? Finally, those of us who change our own oil or rotate our own tires will also have times when we render our vehicles (briefly) unable to move under their own power. • In addition to trailers, horse-drawn vehicles are not able to move under their own power. This legislation would make it illegal to park any horse-drawn vehicle where it could be seen from the road, whether it is in active use or proudly displayed as an antique. Possible Solutions: • Strike Clause 3, or • Make it clear that Clause f does not apply to trailers (as long as they are registered and inspected), nor to horse-drawn vehicles (as long as they are in good repair), and • Allow a grace period for how long a vehicle is allowed to remain unable to be moved under its own power. Perhaps a month? (2) Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section. /"', i B. Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this chapter to maintain on real property items of the kind and nature set forth in subsection A above if such items are stored inside a storage structure or if they are stored in such manner that they are not visible to neighboring properties or from a highway. Potential Problems: • Storing items "in such manner that they are not visible" may need to be better defined. Would it be okay to throw a blue tarp over something that is stored in the yard? Do we really want to see a profusion of blue tarps in the Town? • Should you also include `visible from a public waterway"? Should there be an attempt to "promote and perpetuate the attractive appearance" of lakefront propertles, as seen from the lake? C. Notwithstanding the foregoing subsection B, outside storage in a front yard of items of the kind and nature set forth in subsection A above is prohibited. "Front yard" shall have the same definition as "yard, front 'in Chapter 270, Zoning, of the Town of Ithaca Code. Potential Problems: • Again, there maybe some problems with definitions. The Town Zoning ordinance defines a "yard, front" as extending to the front fagade of the principle building. However, it also defines "yard" as an "open space" that is "unobstructed from the ground upward. " So materials stored on the front porch or under an overhang might or might not be considered to be in the `front yard. " (This is in addition to the concern raised above, that these items might be defined as being within a structure, as long as they are stored under a roof.) Thus, it is unclear whether or not a snow shovel or garbage can which is stored on a front porch (unsightly to some) would be considered to be illegal. §205-3. Penalties for offenses. A. A violation of this chapter shall be a violation as defined in § 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed $500 or a sentence of imprisonment not to exceed 15 days, or both. B. Persons and other entities that violate a provision of this chapter shall be liable for a civil penalty of up to $500 for each such violation. Each day a violation exists 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. Potential Problems: • A fine of $500 per day seems a bit excessive. ,/100\ 0'i 1 !� PROJECT ID NUMBER 61720 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only riAm i t - rmu,irt, i irvrUMMA I tun t I o De compietea Dy Hppucant or rrolect sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town of Ithaca Neighborhood Block Parties,celebratbns, and Events Requiring Temporary Closures of Town Roads 3.PROJECT LOCATION: Various Location In Town of Ithaca Tompkins County Municipality County 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map Precise location will be when a permit is filed 5. IS PROPOSED ACTION: ❑ New ❑ Expansion Z Modification 1 alteration 6. DESCRIBE PROJECT BRIEFLY: Adoption of regulations governing the temporary closure of Town roads for neighborhood block parties, celebrations and other events. 7. AMOUNT OF LAND AFFECTED: The amount will be per permit, each will be of short duration Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? F,—/]Yes ❑ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ❑ Residential ❑ Industrial ❑ Commercial ❑Agriculture ❑ Park 1 Forest 1 Open Space ❑✓ Other (describe) Each permit will be will be in areas with different land uses around it. This activity will not impact the surrounding land in the vicinity 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale or Local) ✓❑ Yes ❑ No If yes, list agency name and permit 1 approval Town of Ithaca Public Works Department will issue a permit for each event approved 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 1:1 Yes VNo If yes, list agency name and permit 1 approval: 12.. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ❑Yes ❑✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ) j Applicant ! Sponsor Name Town qf Ithaca Date: Signature `� 1 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART If - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ❑ Yes ❑✓ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: [There Will be temporary disruption of traffic patterns and increased noise levels C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: FS—Will help communities by bringing neighbors together to tie them into a community C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community'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: his will meet the goal of bringing communities, neighborhoods together to form bonds and common FP npripnres. p C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: No C7. Other impacts(including.changes in use of either quanU or tyee of energy? Explain briefly: Permits will not be granted if the Highway Superintendent finds that blocking the road on the date requested will unduly interfere with the flow of vehicular traffic or the access to oroDerty or may constitute a threat to public safetv and welfare. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)7 If yes, explain briefly: Yes 0 No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex fain: D Yes 0 No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) 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 materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Town Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the F EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed ai WILL NOT result in any significant adverse environmental impacts AND provide, on attacencs as necessary, the reasons supporting determination. of Lead C� [LJ�4' Till e- ofsponse Ie Offiper i of n SigeOure of Preparer (If different from responsible officer) yf r 1bul l Pf",V> %Q Vl 4-A 0000000 Town Assigned Project 1D Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Proiect Soonsor) 1. Applicant/Sponsor 2. Project Name Town of Ithaca Town of Ithaca Limited Historic Commercial zone local laws 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) One of the new laws allows the rezoning of certain property in the Town of Ithaca to Limited Historic Commercial Zone. Only properties deemed historically significant, either by having been listed, or determined to be eligible for listing, on the State or National Register of Historic Places, or having been identified as potentially significant in the Town of Ithaca Historic Resources Survey, would be eligible for this rezoning. Rezoning requests would be reviewed on a case by case basis and be subject to the rezoning procedures specified in Article XXII of the Zoning Chapter of the Town of Ithaca Code. The other law adds provisions regarding Limited Historic Commercial Zones to the Commercial Zones Generally article of the Town's Zoning Chapter. Tax Parcel Number: NIA 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): The proposal is to adopt a local law which will involve amending Chapter 270 of the Town of Ithaca Code, titled Zoning, in order to add a new Article XVIII -A, titled "Limited Historic Commercial Zones". The proposal would also amend the Zoning Chapter of the Town of Ithaca Code, Article XIII, titled Commercial Zones Generally, to add provisions related to Limited Historic Commercial Zones, to revise additional special requirements and to clarify drive-through operations requirements. The purpose of the law is to promote and facilitate the preservation and protection of historically significant residential buildings by allowing a specified range of "limited" commercial uses on the property, thereby facilitating reuse and redevelopment options for the structures. The rezoning requests would be subject to scrutiny and approval by the Town Board, and uses other than 1- or 2 -family dwellings or parks/playgrounds would be permitted only upon receipt of a special permit from the Planning Board. Attach separate sheet(s) if necessary to adequately describe the proposedproject.) 6. Amount of land affected: Initial) (0-5yrs) Acres (6-10yrs) >10yrs) Acres Not Applicable. 7. How is land zoned presently? Not applicable. Subsequent rezoning requests would likely be in residentially zoned areas of the Town. 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: This action will result in a new law. 9. Will proposed action lead to a request for new: Not Applicable Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 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: Not Applicable. Subsequent rezoning requests will be on a case by case basis and existing land use compatibility issues will be addressed through the SEQR process. 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 permitlapprovallfunding: 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 TOHE BEST OF MY KNOWLEDGE w Applicant/Sponsor Name (Print or Type): Signature and Date: PART 11 - IMPACT ASSESSMENT !To be comnleted by Lead Aaencv) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. E Yes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.69 If No, a negative declaration may be superseded by another involved agency. ❑ Yes Z No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: See attached C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See attached C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: See attached C4. A community'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: See attached C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See attached C6. Long term, short term, cumulative, or other effects not identified in Ci -05? Explain briefly: See attached C7. Other im acts in luding changes in use of either quantity or type of energy? Ex Iain brief/ : See attached # D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL_ ENVIRONMENTAL AREA CEA 7 If yes, explain briefly: ❑ Yes 6/1 No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes expIain: 0 Yes � No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) 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 materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Town of Ithaca Town Boardp _ April 11, 2011 p Name of Lead Agency Date Herb En man 13 Town of Ithaca Supervisor _ Q or Type Na a Respon ble Lead Agency Title of Responsible Officer not e of Resp able OfficapofVead Agency Signature of Preparer di Brent om responsible o icer /""� PART H — Environmental Assessment: Proposed Action: Proposed Local Laws Amending the Town of Ithaca Code, Titled Zoning, to Add Article XVIII -A, Titled "Limited Historic Commercial Zones", and to Amend the Zoning Chapter of the Town of Ithaca Code, Article XIII, Titled Commercial Zones Generally, to Add Provisions Related to Limited Historic Commercial Zones, to Revise Additional Special Requirements, and to Clarify Drive -Through Operations Requirements Lead Agency: Town of Ithaca Town Board A. Action is Unlisted. B. Action will not receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following_ C 1. Existing air quality, surface or goundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? / No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion, drainage, or flooding as a result of the proposed action. Amending the Town Code to add a new zone entitled "Limited Historic Commercial Zone" and adding provisions to Article XIII, Chapter 270 of the Town Code (Commercial Zones Generally) to add language related to the Limited Historic Commercial Zones provides a regulatory mechanism to allow historically significant structures to be considered for limited commercial uses. This action does not result in any immediate rezoning of property in the Town. Rezoning requests resulting from this action will be handled on a case by case basis, subject to specific procedures (see Section 270-181 of Town Code). Each request for a rezoning will undergo an individual SEQR review and require a thorough examination of impacts on water, air, noise, flooding and traffic from the proposed commercial use. Except for 1- and 2 -family dwellings and parks/playgrounds, all authorized principal uses are permitted only if the Planning Board issues a special permit for the use. The special permit procedures in Article XXIV of the Zoning Chapter will provide further protection to neighbors (see Section 270-200) of the Town Code). Properties eligible for re -zoning are limited those considered historically significant. Currently there are five properties in the Town of Ithaca listed on the State and National Registers of Historic Places. Four are individual properties and include Rice Hall and Wing Hall on the Cornell University campus, the Enfield Falls Mill and Miller's House at Robert Treman State Park and the Hayts Chapel and Schoolhouse on Hayts and Trumansburg Roads. The other listing is the Forest Home Historic District, which encompasses approximately 40 acres and 75 properties. In addition, a survey of historical resources in the Town of Ithaca was conducted by the Historic Preservation Planning Workshop at Cornell University. This survey is described in the report, "Final Report for the Intensive Level Survey" (September 2005). The report highlighted twenty-eight "especially interesting" individual properties, out of "scores" that were considered architecturally or historically significant. C2. Aesthetic, agriculture, archeological, historic, or other natural or cultural resources, or communily or neighborhood character? None Anticipated. This action is intended to help protect historically significant properties by providing a regulatory mechanism to allow, where deemed appropriate by the Town Board, limited commercial uses of properties that have lost viability for, most particularly, residential use. The action would allow a range of re -use and redevelopment options for historically significant buildings. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None Anticipated. Each request for a rezoning will undergo an individual SEQR review and examination of impacts on vegetation, wildlife, habitats and other important ecological consideration. While properties potentially eligible for the rezoning under this action will tend to be those that have already been developed, and are less likely to contain significant ecological resources, impacts will nevertheless be addressed during any rezoning request. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of land or other natural resources? None Anticipated. The local law will add new zoning provisions to the Town of Ithaca Code to allow the Town Board to consider, on a case by case basis, the rezoning of historically significant properties/structures to allow limited commercial use of these buildings. The objective of this action is to offer a means of maintaining historic structures in the Town by providing reuse and redevelopment options. The 1993 Comprehensive Plan identifies protection of historic structures and sites as a Town objective. Requests to rezone property to a limited commercial zone will be subject to specific review and procedures, including an individual SEQR review to insure that the particular commercial use is appropriate and compatible with the neighborhood surroundings. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C 1-05? None Anticipated. 1 C7. Other impacts including changes in use of either quantity or type of energy)? None Anticipated. D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART III. — Staff Recommendation, Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board Reviewer: Susan Ritter, Director of Planning Review Date: April 6, 2011 0000000 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Proilect Sponsor) 1. Applicant/Sponsor 2. Project Name Town of Ithaca Amendments to 1993 Town of Ithaca Comprehensive Plan Related to Limited Historic Commercial Zone 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) The modifications to the 1993 Comprehensive Plan would result in the addition of a new floating Limited Historic Commercial Zone to the list of actions the Town could take to protect historic resources, achieve their adaptive reuse where appropriate, and provide for a limited number of small-scale, neighborhood -oriented commercial areas which are safe and attractive. Potential rezoning consistent with these modifications would be applicable only to certain properties located within the Town of Ithaca. Only properties deemed historically significant, either by having been listed, or determined to be eligible for listing, on the State or National Register of Historic Places, or having been identified as potentially significant in the Town of Ithaca Historic Resources Survey, would be eligible for this rezoning. Tax Parcel Number: NIA 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): The proposal is to amend the 1993 Town Comprehensive Pian as described in detail in the attached narrative "Proposed Amendments to 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources", dated August 4, 2010: (1) Amend Section 111.13 of the Comprehensive Plan by adding wording in a new Section III.B.10.e describing the use of the Limited Historic Commercial floating zone to protect historic structures and achieve their adaptive reuse where appropriate; (2) Amend Section III.E-2.a of the Comprehensive Plan by deleting the existing introductory paragraph of that section and adding the following new wording: "Include at least four non -cumulative types of commercial zones in the Town of Ithaca Zoning Code: Neighborhood Commercial, Community Commercial, Lakefront Commercial, and Limited Historic Commercial"; and (3) Include in amended Section III.E-2.a, after the description of Lakefront Commercial, language describing the Limited Historic Commercial Zone. Attach separate sheets if necessary to adequately describe the proposedproject.) 6. Amount of land affected: Initially (0-5yrs) Acres (6-10yrs) X10 rs Acres Not Applicable. 7. How is land zoned presently? Not applicable. 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes J NO If no, describe conflict briefly: Not Applicable. This action will result in amendments to the 1993 Com rehensive Plan. 9. Will proposed action lead to a request for new: Not Applicable Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 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: NotApplicable. 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): Signature and Date: PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes E No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. El Yes Z No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: See attached C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See attached C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: See attached C4. A community'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: See attached C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See attached C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly; See attached C7. Other im actsincludin changes in use of either quantity or type of energy? Explain briefly: See attached D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? If yes, explain briefly: El � No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes expIain: Yes 21 No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whetherit 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 materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the F EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed a WILL NOT result in any significant adverse environmental impacts ANU provide, on attachments as necessary, the reasons supporting determination. Town of Ithaca Town Hoard - p April 11, 2011 p Name of Lead Agency Date Herb En man Town of Ithaca Supervisor p Name o as icer in Lead Agency Title of Responsible Officer 3 espons' a icer in Lead Agency Signature of Preparer (If different from responsible officer) PART H — Environmental Assessment: Proposed Action: Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Relating to Historic Resources and the Use of a "Limited Historic Commercial" Floating Zone Lead Agency: Town of Ithaca Town Board A. Action is Unlisted. B. Action will not receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following_ C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion, drainage, or flooding as a result of the proposed action. The action involves amending the 1993 Town of Ithaca Comprehensive Plan related to historic resources to add references to the possible use of a new "Limited Historic Commercial" floating zone. The action provides the basis for the Town to create a mechanism to allow historically significant structures to be considered for rezoning. Any subsequent rezoning requests resulting from this action will be handled on a case by case basis, subject to specific procedures (see Section 270-181 of Town Code). Each request for a rezoning will undergo an individual SEQR review and require a thorough examination of impacts on water, air, noise, flooding and traffic from the proposed commercial use. Properties eligible for re -zoning are limited those considered historically significant. Currently there are five properties in the Town of Ithaca listed on the State and National Registers of Historic Places. Four are individual properties and include Rice Hall and Wing Hall on the Cornell University campus, the Enfield Falls Mill and Miller's House at Robert Treman State Park and the Hayts Chapel and Schoolhouse on Hayts and Trumansburg Roads. The other listing is the Forest Home Historic District, which encompasses approximately 40 acres and 75 properties. In addition, a survey of historical resources in the Town of Ithaca was conducted by the Historic Preservation Planning Workshop at Cornell University. This survey is described in the report, "Final Report for the Intensive Level Survey" (September 2005). The report highlighted twenty-eight "especially interesting" individual properties, out of "scores" that were considered architecturally or historically significant. C2. Aesthetic, agriculture, archeological, historic, or other natural or cultural resources, or community or neighborhood character? None Anticipated. This action is intended to help protect historically significant properties by providing a regulatory mechanism to allow, where deemed appropriate by the Town Board, i' limited commercial uses of properties that have lost viability for, most particularly residential use. The action would allow a range of re -use and redevelopment options for historically significant buildings. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered_ species? None Anticipated. Each request for a rezoning will undergo an individual SEQR review and examination of impacts on vegetation, wildlife, habitats and other important ecological consideration. While properties potentially eligible for the rezoning under this action will tend to be those that have already been developed, and are less likely to contain significant ecological resources, impacts will nevertheless be addressed during any rezoning request. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of land or other natural resources? None Anticipated. The possible subsequent creation of a Limited Historic Commercial Zone, as a result of this action, will allow the Town Board to consider, on a case by case basis, the rezoning of historically significant properties/structures to allow limited commercial use of these buildings. The objective of this action is to offer a means of maintaining historic structures in the Town by ,..� providing reuse and redevelopment options. The 1993 Comprehensive Plan identifies protection of historic structures and sites as a Town objective. Requests to rezone property to a limited commercial zone will be subject to specific review and procedures, including an individual SEQR review to insure that the particular commercial use is appropriate and compatible with the neighborhood surroundings. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-05? None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy)? None Anticipated. D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? ',4 1 No controversy related to potential adverse environmental impacts is anticipated. PART III. — Staff Recommendation. Determination of Sienificance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board Reviewer: Susan Ritter, Director of Planning Review Date: April 6, 2011 1.0 1 MEETING OF THE ITHACA TOWN BOARD MONDAY, April 11, 2011 TB RESOLUTION NO. 2011 - 072: Project Staging Policy WHEREAS the Town of Ithaca has heard concerns from residents regarding staging for non -emergency projects in the Town and WHEREAS the topic was discussed by both the Public Works Committee and the Town Board and WHEREAS a policy was drafted and submitted for approval to the Town Board which sets forth a mechanism for consideration of options by the Town Board now therefore be it, RESOLVED, that the Town Board of the Town of Ithaca does hereby approve the attached Project Staging Policy MOVED: Bill Goodman SECONDED -Tee -Ann Hunter VOTE: Ayes: Engman, Goodman, Leary, Horwitz, Levine, Hunter and DePaolo Motion passed unanimously. 4/6/2011 Town of Ithaca Department of Public Works To: Town Board Members From: James Weber, Director of Public Works Re: Project Staging Policy Emergency Repairs — During emergency repairs, of any Town owned infrastructure, the work will be staged from the closest Town owned property or within the Public ROW. Project Planning — As plans are developed for potential improvement projects, including grant funded projects, staff shall provide the Public Works Committee with an assessment of staging options, after which process the Public Works Committee will recommend possible strategies to the Town Board for consideration and approval. As the project design progresses, the options shall be better defined, including impacts to the adjacent property owners, estimated costs for each option, and consideration of applicable balancing tests.