HomeMy WebLinkAboutTB Minutes 2011-11-07t '■
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Meeting of the Ithaca Town Board
f Monday, November 7, 2011 at 5:30 p.m.
^ ^ 215 North Tloga 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. Persons to be Heard and Board comments
5. 5:45 p.m. Public Hearing Regarding Deleting Chapter 32, Titled "Code of
Ethics" and adding a new Chapter 32, titled "Code of Ethics"
a. Consider Adoption
6. 5:50 p.m. Public Hearing Regarding a Local Law Amending Chapter 270 of
the Town of Ithaca Code to ReZone a Portion of Tax Parcel 33.-3-2.2 Located
off Mancini Drive From Low Density Residential to Light Industrial
a. Consider SEQR
b. Consider Adoption
7. 6:00 p.m. Public Hearing Regarding the Draft Agriculture and Farmland
Protection Plan
a. Consider SEQR
b. Consider Acceptance and Submittal to the State
8. Presentation of Proposed Display at East Shore Dr. Pavilion
9. Consider Request for Reduction in Speed Limit for Hayts Road
10. Consider Reclassification of Town Clerk Position
11. Consider 2012 Wages for Non-Collective Bargaining Staff
12. Consider Authorization to Offer 457 Deferred Compensation Roth Plan
13. Consider Approving Changes to Ancillary Benefits and Providers
14. Consider Setting Public Hearings for Public Interest Orders for:
a. Town of Ithaca Hungerford Hill Tank Renovation Water Improvement
b. Town of Ithaca Northvlew Road Tank Replacement Water Improvement
c. Town of Ithaca Danby Road Tank Replacement Water Improvement
15. Consider Setting a Public Hearing regarding a Local Law Adopting Revisions
to Chapter 271-8, "Planned Development Zone #7, Ithacare" of the Town of *
Ithaca Code (Longview) < ^
16. Discuss and Consider Rescinding Birthday Recognition Program
17. Consider Authorization for the Town Supervisor to Sign an Agreement with
Tompkins County Animal Control for Services from January 1, 2012 through
December 31, 2014
18. 2011 Water & Sewer Relevy Delinquent 2010/2011 Water & Sewer Rents
19. Consider Consent Agenda Items
a. Approval of Town Board Minutes of October 6 and 17, 2011
b. Town of Ithaca Abstract
c. Bolton Point Abstract
d. Approval of 2012 Floating Holidays - Town and BP
e. Ratification of Court Clerk Appointment - Casey Johnson
f. Promotional Appointment for Water Treatment Plant Operator
20. Report of Town Officials
21. Reportof Town Committees
22. Intermunicipal Organizations >
23. Review of Correspondence
24. Consider Adjournment
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Meeting of the Ithaca Town Board
Monday, November 7, 2011 at 5:30 p.m.
215 North Tioga Street, Ithaca, NY 14850
Agenda
Board Members Present
: Herb Engman, Supervisor; Bill Goodman, Deputy
Supervisor; Pat Leary, Rich DePaolo, Eric Levine and Tee-Ann Hunter
Absent – Nahmin Horwitz
Staff Present
: Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for
the Town; Judy Drake, Human Service Director; Susan Ritter, Planning Director; Mike
Solvig, Finance Officer; Paulette Terwilliger, Town Clerk; Jim Weber, Highway
Superintendent
Call to Order and Pledge of Allegiance
Supervisor Engman opened the meeting at 5:30. Agenda items were added.
Report of Tompkins County Legislature
Councilman Peter Stein – District 11 reported that the Legislature has been totally
immersed in the budget with over 10 meetings lasting 3 hours each. He stated that the
county budget is very complex with varied revenue streams where if you do something
to one department or line, the ripple effects are big. The end result was a 3.99%
increase.
Mr. Engman asked Mr. Stein to explain his request for affirmation of the Town’s position
on retaining the one-lane bridge in Forest Home. Mr. Stein explained that he contacted
Mr. Engman after attending a Facilities meeting where one person asked for the
affirmation because there were some comments about making it a two-lane bridge. Mr.
Engman added that the state has defunded some bridge projects which helped fund this
project and the money is in hand. The resolution of affirmation has been added to this
evening’s agenda.
Report of Ithaca Common Council
– None
Persons to be Heard and Board comments
– None
5:45 p.m. Public Hearing Regarding Deleting Chapter 32, Titled “Code of Ethics”
and adding a new Chapter 32, titled “Code of Ethics”
Mr. Engman opened the public hearing at 5:48p.m. There was no one wishing to
address the Board on this topic and the hearing was closed and the matter brought
back to the Board for consideration. Motion made by Bill Goodman, seconded by Eric
Levine. Mr. DePaolo asked about the annual limit on gifts. Mr. Engman and Ms. Brock
responded that the limit is set in state law.
TB 11-7-2011
TB RESOLUTION No. 2011-174: ADOPTION OF A LOCAL LAW DELETING
CHAPTER 32 OF THE TOWN OF ITHACA CODE, TITLED “CODE OF ETHICS”, AND
ADDING A NEW CHAPTER 32, TITLED “CODE OF ETHICS”
WHEREAS the Town Board wishes to make changes to Chapter 32 titled “Code of
Ethics” of the Town of Ithaca Code and
WHEREAS the suggested changes, including changes to the persons required to fill out
an Ethics Disclosure Statement, have been reviewed by the Operations Committee, the
Supervisor’s Advisory Committee and the Town Board and
WHEREAS the changes are numerous and necessitate deleting of the current Chapter
and replacing it with a new Chapter and
WHEREAS a public hearing, duly advertised, was held on November 7, 2011 to hear
comments regarding the changes and
WHEREAS, pursuant to the New York State Environmental Quality Review Act
(“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been
determined by the Town Board that adoption of the proposed local law is a Type II
action because it constitutes “routine or continuing agency administration and
management, not including new programs or major reordering of priorities that may
affect the environment,” and thus this action is not subject to review under SEQRA,
Now therefore be it
RESOLVED that the Town Board of the Town of Ithaca hereby adopts a local law
deleting Chapter 32 of the Town of Ithaca Code, titled “Code of Ethics” and adding a
new Chapter 32 titled “Code of Ethics”
And be it further
RESOLVED that the Town Clerk shall file this local law with the State of New York as
required by law.
Moved: Bill Goodman Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
5:50 p.m. Public Hearing Regarding a Local Law Amending Chapter 270 of the
Town of Ithaca Code to ReZone a Portion of Tax Parcel 33.-3-2.2 Located off
Mancini Drive From Low Density Residential to Light Industrial
Mr. Engman opened the public hearing at 5:50p.m. There was no one wishing to
address the Board on this topic and the hearing was closed and the matter brought
back to the Board for consideration.
Approved 12-12-2011 Page 2 of 29
TB 11-7-2011
TB RESOLUTION NO. 2011- 175: SEQR: Proposed Local Law Amending Zoning
Chapter 270 of the Town of Ithaca Code to Rezone a Portion of Tax Parcel No. 33-
3-2.2 located off of Mancini Drive from Low Density Residential to Light Industrial
WHEREAS, this action is the adoption of a local law amending Chapter 270 of
the Town of Ithaca Code to rezone a portion of Tax Parcel No. 33-3-2.2, located off
Mancini Drive, from Low Density Residential to Light Industrial; and
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 November 7, 2011, has
reviewed and accepted as adequate the Short Environmental Assessment Form (SEAF)
Parts I and II for this action, along with other application materials; and
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 SEAF Part I
and for the reasons set forth in the SEAF Part II, and, therefore, an Environmental
Impact Statement will not be required.
Moved: Rich DePaolo Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
TB RESOLUTION NO. 2011- 176: Adoption of a Local Law Amending Zoning
Chapter 270 of the Town of Ithaca Code to Rezone a Portion of Tax Parcel No. 33-
3-2.2 located off of Mancini Drive from Low Density Residential to Light Industrial
WHEREAS, a resolution was duly adopted by the Town Board for the Town of
Ithaca for a public hearing to be held by said Town Board on November 7, 2011, at 5:50
“A LOCAL LAW
p.m. to hear all interested parties on a proposed local law entitled
AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE TO REZONE A
PORTION OF TAX PARCEL # 33-3-2.2 LOCATED OFF OF MANCINI DRIVE FROM
LOW DENSITY RESIDENTIAL TO LIGHT INDUSTRIAL”
; 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
Approved 12-12-2011 Page 3 of 29
TB 11-7-2011
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
“SEQR”), 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 November
7, 2011, made a negative determination of environmental significance, after having
reviewed and accepted as adequate a Short 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
“A Local Law Amending Chapter 270 of the
hereby adopts said local law entitled
Town of Ithaca Code to Rezone a Portion of Tax Parcel # 33-3-2.2 located off of
Mancini Drive from Low Density Residential to Light Industrial”
, 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: Bill Goodman
Vote: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Presentation of Proposed Display at East Shore Dr. Pavilion – Conservation
Board
(Attachment #1)
Tony Ingram presented a mock-up of the sign. A lengthy discussion followed with
Board Members stating that they were confused about the shading at the top of the lake
which Mr. Ingram indicated was the hillside and reflection on the lake but it comes
across as depth of the lake instead. The idea is to outline the view and where the
different landmarks are but it was confusing. Mr. Ingram agreed and the Conservation
Board will look at different options. He also noted that some diagrams will be moved
around and resized because the outline of the entire lake is dominant and that is not the
intent of the sign. Mr. Goodman suggested listing some of the Town parks.
There was some discussion on the word “recreational” in the description of the East
Shore Park which reads “is the Town’s only recreational access to the Lake” That
seems to imply that you can swim and access the lake from there and you can’t. Mr.
Ingram agreed and the Conservation Board will look at other wording.
Approved 12-12-2011 Page 4 of 29
TB 11-7-2011
Mr. Engman added that there is plenty of time and the Board would like to see the
mock-up again.
6:00 p.m. Public Hearing Regarding the Draft Agriculture and Farmland Protection
Plan
Mr. Engman opened the public hearing at 6:13p.m. There was no one wishing to
address the Board on this topic and the hearing was closed and the matter brought
back to the Board for consideration.
SEQR was moved and seconded for discussion.
Mr. DePaolo asked if this was intended as a preservation document because he thought
that if it was, then the EAF is accurate, but if it was meant to encourage more farmland,
then that increase in farmland could have impacts such wooded areas going into
farmland, and affects to water quality and scenic view changes that should be listed in
the EAF. His general impression is that it is a document to encourage holding on to the
farmland we have, and to encourage continued farming on current land not necessarily
encouraging additional farmland. Mr. Smith responded that in general, there is not a lot
of farmland available in the Town but in some cases, additional farmland could be
developed by clearing scrub brush and the like. He agreed that it focused more on
preservation of existing farmland.
TB RESOLUTION NO. 2011- 177: SEQR for Proposed adoption of the Town of
Ithaca Agricultural and Farmland Protection Plan
WHEREAS, this action is the adoption of the Town of Ithaca Agricultural and
Farmland Protection Plan; and
WHEREAS, this is being processed as a Type I action pursuant to the New York
State Environmental Quality Review Act (SEQR) 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 a Lead Agency and the only involved agency in conducting
the environmental review with respect to the adoption of the Agricultural and Farmland
Protection Plan; and
WHEREAS, the Town Board, at a public hearing held on November 7, 2011, has
reviewed and accepted as adequate the Full Environmental Assessment Form (EAF),
Parts I and II, for this action, prepared by the Town Planning staff; and
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, based on
Approved 12-12-2011 Page 5 of 29
TB 11-7-2011
the information in the EAF Part I and for the reasons set forth in the EAF II and,
therefore, a Draft Environmental Impact Statement will not be required.
Moved: Tee-Ann Hunter Seconded: Rich DePaolo
Vote: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
TB Resolution No. 2011- 178: Resolution adopting the Town of Ithaca Agricultural
and Farmland Protection Plan
WHEREAS, the Town of Ithaca was awarded funding from NYS Department of
Agriculture and Markets to develop an Agricultural and Farmland Protection Plan; and
WHEREAS, an Agricultural and Farmland Protection Plan was developed under
NYS Agriculture and Markets Law, Article 25-AAA, Section 324-a; and
WHEREAS, the Town Agricultural Plan Steering Committee, which included
personnel from Cornell Cooperative Extension of Tompkins County and the Town of
Ithaca Planning Department, collected data and prepared the draft Plan; and
WHEREAS, the Town Agricultural Plan Steering Committee conducted individual
interviews with approximately 16 agricultural operations and held three farmers
meetings (November 17, 2009, May 1, 2010, March 22, 2011) during the development
of the plan; and
WHEREAS, the Town Board has proposed the adoption of the Agricultural and
Farmland Protection Plan; and
WHEREAS, at its meeting on September 26, 2011, the Town Board reviewed
and discussed the draft Agricultural and Farmland Protection Plan; and
WHEREAS, at its meeting on October 17, 2011, the Town Board of the Town of
Ithaca discussed the proposed Plan and adopted a resolution for a public hearing to be
held by said Town on November 7, 2011 at 6:00 p.m. to hear all interested parties on
the proposed Agricultural and Farmland Protection Plan; 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 Plan, or any part thereof; and
WHEREAS, pursuant to article 8 of the Environmental Conservation Law and its
implementing regulations at 6 NYCRR Part 617 (SEQR), and Chapter 148 of the Town
of Ithaca Code, adoption of said Plan is a Type I action for which the Town Board of the
Approved 12-12-2011 Page 6 of 29
TB 11-7-2011
Town of Ithaca, acting as lead agency in an environmental review with respect to
adoption of the Plan, has on November 7, 2011 made a negative determination of
environmental significance, after having reviewed and accepted as adequate a Full
Environmental Assessment Form (EAF) Parts I and II prepared by the Town’s Planning
staff, for the reasons set forth in the EAF Parts I and II referenced above;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said Agricultural
and Farmland Protection Plan; and it is further
RESOLVED, that the Planning Department is hereby directed to forward the Town of
Ithaca Agricultural and Farmland Protection Plan to the Tompkins County Agriculture
and Farmland Protection Board and the New York State Commissioner of Agriculture
and Markets for approval.
Moved: Rich DePaolo Seconded: Bill Goodman
Vote: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Mr. Goodman thanked Mr. Smith and the committee members for their work on this
Plan and Mr. Engman added that there were a lot of volunteers who put in an
astonishing amount of time and effort and the result was excellent.
Consider Request for Reduction in Speed Limit for Hayts Road
TB RESOLUTION NO. 2011-179: Petition to Lower Speed Limit on Hayts Road
between Route 96 and Sheffield Road
WHEREAS, the Town of Ithaca has received a petition (attached) from the residents in
the area of Hayts Road to lower the speed limit from 55 mph to 45 mph; and,
WHEREAS, as the petition states that there are a number of rises in the road profile that
create blind spots; and,
WHEREAS, there have been a number of accidents involving “rear end” collisions and
vehicles in ditches as a result of school bus stops; and,
WHEREAS, heavy traffic during the morning and evening commute can be a threat to
those not in vehicles and children accessing school buses; and,
WHEREAS, vehicle speeding is a problem, especially in the morning and evening when
neighborhood residents walk or bike along the road; and,
Approved 12-12-2011 Page 7 of 29
TB 11-7-2011
WHEREAS, the road has limited shoulders, and in some places, no safe off-road
walking space; and,
WHEREAS the road receives high use from western areas of the County accessing
Cayuga Medical Center; and,
WHEREAS, the large number of deer crossing is a significant hazard and many have hit
deer; and
WHEREAS, the Public Works Committee heard the request at their October 18, 2011
meeting and voted to move the request to the Town Board for consideration; now
therefore be it
RESOLVED, the governing Town Board of the Town of Ithaca does hereby request that
Tompkins County forward to New York State Department of Transportation Traffic
Safety Division the Town’s request to reduce the speed limit to 45 mph on Hayts Road
between Route 96 and Sheffield Road.
MOVED: Tee-Ann Hunter SECONDED: Bill Goodman
VOTE: Engman, DePaolo, Hunter, Levine, Goodman and Leary
Motion passed unanimously.
Mr. Engman noted that we received notification that the speed limit was reduced to
45mph on a section of Route 89 from Ulysses to the City line but we have no record of
the request. We do not know who originated the request.
Consider Reclassification of Town Clerk Position
Mr. DePaolo asked about the point factor system and Ms. Hunter explained the process
of evaluating positions and added that this is what the town has a consultant working on
revamping to take into consideration additional and different factors. Mr. DePaolo
asked who assigns the points for each factor and Ms. Drake responded that she begins
the review and the department head is consulted and then it goes to the Personnel
Committee. Ms. Hunter went on to explain the history of this request stating that a
review of the position was done when Ms. Billings left, at which point it was lowered to
the “P” class and Ms. Terwilliger requested a review after holding the position for 2
years. Ms. Hunter noted that the Clerk now has one less person and additional duties
as well as having department head responsibilities and holding a statutory position as a
town official. The “P” class is below the department head class. The position was re-
evaluated by the Personnel Committee with the resulting recommendation that it be
reclassified to the “Q” class which is the beginning of the management class. Mr.
DePaolo asked about the budgeting process, and Ms. Drake noted that the approval of
wages is the next agenda item, and the proposed wages were taken into consideration
during the budget process, so the funds were tentatively allocated.
Approved 12-12-2011 Page 8 of 29
TB 11-7-2011
TB RESOLUTION NO. 2011-180: Approval of Reclassification of Town Clerk
Position
WHEREAS, the Personnel Committee has reviewed the job description for the
Town Clerk position and the current classification of the position (P); and
WHEREAS, the Personnel Committee recommends, after a review of how the
points calculate using the Point Factor System for the position, reclassifying the position
from the P class to the Q class, effective with January 1, 2012 raises;
Now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve
reclassifying the Town Clerk position from the P class to the Q class, effective with
January 1, 2012 raises.
Moved: Tee-Ann Hunter Seconded: Bill Goodman
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Consider 2012 Wages for Non Collective Bargaining Staff
TB RESOLUTION NO. 2011-181: Approval of Non-Collective Bargaining
Employees’ Wages for 2012
WHEREAS, the governing Town Board of the Town of Ithaca has reviewed the
proposed wages for the Town of Ithaca non-collective bargaining employees for the
year 2012, utilizing the 2% COLA wage scale approved by the Town Board October 6,
2011; and
WHEREAS, the collective bargaining agreement with the Public Works unit represented
by Teamsters Local 317 is in the process of being negotiated;
Now, therefore, be it
RESOLVED, the governing Town Board of the Town of Ithaca does hereby approve the
said wages for the non-collective bargaining employees for the 2012 Final Budget, as
filed in the Human Resources Office; and be it further
RESOLVED, the collective bargaining unit employees’ wages for 2012 will remain at the
2011 rate until a collective bargaining agreement with Teamsters Local 317 has been
ratified by the bargaining unit employees and the Town Board.
Moved: Tee-Ann Hunter Seconded: Pat Leary
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Approved 12-12-2011 Page 9 of 29
TB 11-7-2011
Absent: Horwitz Motion passed unanimously
Consider Authorization to Offer 457 Deferred Compensation Roth Plan
TB RESOLUTION NO. 2011-182: Authorization to Offer Roth 457 as Part of the
Deferred Compensation Program
WHEREAS
, the Town of Ithaca has had a 457 Deferred Compensation plan
since before 1996; and
WHEREAS
, the NY Deferred Compensation Board has authorized a Roth 457
option to the Model Plan; and
WHEREAS
, the Employee Relations Committee and Personnel Committee
recommend authorizing the Town of Ithaca Deferred Compensation Plan to include the
Roth 457 option;
Now, therefore, be it
RESOLVED
, the governing Town Board hereby authorizes and directs a change
in the Town of Ithaca’s Deferred Compensation Plan to include the Roth 457 Option;
and be it further
RESOLVED
, that the Town Supervisor of the Town of Ithaca is hereby
authorized and directed to send a Letter of Intent to Nationwide Retirement Solutions as
to the change in the Town’s Deferred Compensation Plan.
Moved: Tee- Ann Hunter Seconded: Pat Leary
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Consider Approving Changes to Ancillary Benefits and Providers
Mr. Engman explained the changes and Ms. Drake added that a meeting was held with
staff to explain the changes to them and they were in favor of the changes.
TB RESOLUTION NO. 2011–183: Authorize the Change of Provider for Life &
AD/D Insurance, Short Term Disability Insurance and Dental Insurance Policies,
and Cancel Long Term Disability Insurance Policy
WHEREAS, the Town of Ithaca has been a key supporter of joining the Greater
Tompkins County Municipal Health Insurance Consortium (Consortium) for health
insurance and ancillary insurance benefits including Dental insurance, Life & Accidental
Death or Dismemberment (AD/D) insurance and Short Term Disability insurance; and
Approved 12-12-2011 Page 10 of 29
TB 11-7-2011
WHEREAS, the Personnel Committee has reviewed the plan designs and
premiums for Dental, Life &AD/D and Short Term Disability offered through the
Consortium and our current Long Term Disability plan; and
WHEREAS, the Personnel Committee discussed the options that would make
improvements to the Dental plan, improvements to the Life insurance plan (which has
been used by staff), improvements to the Short Term Disability plan (which would allow
a reduction of the use of sick time by the staff) and the cancellation of the payments for
Long Term Disability (which had no utilization over the past 10 years and is much more
costly than the other two benefits); and
WHEREAS, the Personnel Committee after discussion recommends changing to
the Consortium’s Dental Plan, which will be a change from an experienced rated plan by
Guardian to a community rated plan by CSEA –the Dutchess Plan; and
WHEREAS, the Personnel Committee after discussion recommends changing to
the Consortium Short Term Disability plan, which will change from a statutory plan of
50% of gross wages up to $170 per week to a premiere plan of 50% of gross wages up
to $300 per week; and
WHEREAS, the Personnel Committee recommends changing to the Consortium
Life and AD/D plan, which will change the policy from a $25,000 policy to a $50,000
policy with reduced premium amounts for the voluntary buy up life rider; and
WHEREAS, the Personnel Committee recommends cancelling the Long Term
Disability Insurance plan and benefit effective January 1, 2012 due to the high cost and
no utilization; and
WHEREAS, the recommended changes have been discussed with the unions
involved in collective bargaining with the Town of Ithaca and the Southern Cayuga Lake
Intermunicipal Water Commission;
Now, therefore, be it
,
RESOLVED the Town Board of the Town of Ithaca does hereby authorize
changing the provider of Life / AD&D Insurance, Short Term Disability Insurance and
Dental Insurance to the provider contracted through the Greater Tompkins County
Municipal Health Insurance Consortium (Consortium) effective January 1, 2012; and be
it further
RESOLVED, the Town Board also authorizes the Human Resources Manager to
cancel the Town’s Long Term Disability coverage effective January 1, 2012.
Moved: Tee-Ann Hunter Seconded: Pat Leary
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Approved 12-12-2011 Page 11 of 29
TB 11-7-2011
Consider Setting Public Hearings for Public Interest Orders Regarding
:
Hungerford Hill Road
No comments
TB RESOLUTION NO. 2011-184: Order Setting Public Hearing – Hungerford Hill
Tank Renovation Water Improvement Project
ORDER SETTING PUBLIC HEARING
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,
New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said
th
Town, on the 7 day of November, 2011, at 5:55 o'clock P.M., Prevailing Time.
PRESENT: Herb Engman, Supervisor; Bill Goodman, Deputy Supervisor; Councilman
Eric Levine, Councilman Rich DePaolo; Councilwoman Pat Leary; Councilwoman Tee-
Ann Hunter
In the Matter of A Proposed Water Improvement in the Town of Ithaca, Tompkins
County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town
of Ithaca Hungerford Hill Tank Renovation Water Improvement
WHEREAS, a plan, report and map, including an estimate of cost, have been
duly prepared in such manner and in such detail as has heretofore been determined by
the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the
creation and construction, pursuant to Article 12-C of the Town Law, of water system
improvements to be known and identified as the Town of Ithaca Hungerford Hill Tank
Renovation Water Improvement, and hereinafter also referred to as “Improvement,” to
provide such water Improvement including extensions, to the present Town water
improvement, such water system Improvement to be constructed and owned by the
Town of Ithaca, and
WHEREAS, said plan, report and map, including estimate of cost, were prepared
by a competent engineer, duly licensed by the State of New York, and have been filed
in the office of the Town Clerk of said Town, where the same are available during
regular office hours for public inspection, and
WHEREAS, the area of said Town determined to be benefited by said Town of
Ithaca Hungerford Hill Tank Renovation Water Improvement consists of the entire area
of said Town excepting therefrom the area contained within the Village of Cayuga
Heights, and
WHEREAS, the proposed Improvement consists of the water improvements set
forth below, and in the areas of the Town as set forth below, and as more particularly
shown and described in said plan, report and map presently on file in the office of the
Town Clerk:
Approved 12-12-2011 Page 12 of 29
TB 11-7-2011
Rehabilitate the 500,000 gallon steelwater tank located above Hungerford Hill Road to
extend the service life another 15-20 years before replacement. The following work will
be performed:
Coat interior of Tank (final coating material to be based on Health Department
approvals)
Paint exterior of Tank
Replace Splash Pad with a concrete splash pad
Place a 50 foot long rock-lined channel from splash pad to water outlet
Rehabilitate the edges of Concrete Tank Base
Place a 2-foot stone drip edge around tank with underdrain
Place new 8-foot high chain-link fence around tank to meet new security
guidelines
WHEREAS, the maximum proposed to be expended by the Town of Ithaca for
the aforesaid Improvement is $ 300,000.00. The proposed method of financing to be
employed by said Town of Ithaca consists oftemporary financing under a bond
anticipation note, and upon maturity of the bond anticipation note, the issuance of serial
bonds of said Town of Ithaca to mature in annual installments over a period not to
exceed 20 years, such bonds to be paid from assessments levied upon and collected
from the several lots and parcels of land in said Town of Ithaca water system benefited
area which are deemed benefited by said Improvement, so much upon and from each
as shall be in just proportion to the amount of the benefit which the Improvement shall
confer upon the same, and
WHEREAS, it is now desired to call a public hearing for the purpose of
considering said plan, report and map, including estimate of cost, and the providing of
the Improvement, and to hear all persons interested in the subject thereof concerning
the same, all in accordance with the provisions of Section 209-q of the Town Law;
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town
of Ithaca, Tompkins County, New York, as follows:
Section 1. A public hearing shall be held by Town Board of the Town of Ithaca,
Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New
th
York, in said Town, on the 12day of December 2011, at 5:45 o’clock P.M., Prevailing
Time, to consider the aforesaid plan, report and map, including estimate of cost, and the
question of providing the Improvement, and to hear all persons interested in the subject
thereof concerning the same and to take such action thereon as is required by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy
of this Order with a Notice of Adoption to be published once in the official newspaper,
and also to post a copy thereof on the town signboard maintained by the Town Clerk,
not less than ten (10) nor more than twenty (20) days before the day designated for the
hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town
Law.
Approved 12-12-2011 Page 13 of 29
TB 11-7-2011
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll
call, which resulted as follows: Engman, aye; Goodman, aye; Hunter, aye; DePaolo,
aye; Levine, aye; Leary, aye The Order was thereupon declared duly adopted.
Northview Road
Mr. DePaolo asked Mr. Weber what the operational benefits were to increasing the size
of the tank and whether it affects development potential in the area. Mr. Weber
responded that there is a significant area that is supplied as well as pumping water to
the Troy Rd tank and by increasing capacity we can reduce some of the on/off cycles
which will save power and energy as well as helping to ensure good pressure for
associated residents. Mr. DePaolo asked if the larger tank would or could provide water
to areas that do not have service now and Mr. Weber responded “no.”
TB RESOLUTION NO. 2011-185: Order Setting Public Hearing – Northview Road
Tank Replacement Water Improvement Project
ORDER SETTING PUBLIC HEARING
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,
New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said
th
Town, on the 7 day of November, 2011, at 5:55 o'clock P.M., Prevailing Time.
PRESENT: Herb Engman, Supervisor; Bill Goodman, Deputy Supervisor; Councilman
Eric Levine, Councilman Rich DePaolo; Councilwoman Pat Leary; Councilwoman Tee-
Ann Hunter
In the Matter of A Proposed Water Improvement in the Town of Ithaca, Tompkins
County, New York, pursuant to Article 12-C of the Town Law, to be known as the
Town of Ithaca Northview Road Tank Replacement Water Improvement
WHEREAS, a plan, report and map, including an estimate of cost, have been
duly prepared in such manner and in such detail as has heretofore been determined by
the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the
creation and construction, pursuant to Article 12-C of the Town Law, of water system
improvements to be known and identified as the Town of Ithaca Northview Road Tank
Replacement Water Improvement, and hereinafter also referred to as “Improvement,” to
provide such water Improvement including extensions, to the present Town water
improvement, such water system Improvement to be constructed and owned by the
Town of Ithaca, and
WHEREAS, said plan, report and map, including estimate of cost, were prepared
by a competent engineer, duly licensed by the State of New York, and have been filed
Approved 12-12-2011 Page 14 of 29
TB 11-7-2011
in the office of the Town Clerk of said Town, where the same are available during
regular office hours for public inspection, and
WHEREAS, the area of said Town determined to be benefited by said Town of
Ithaca Northview Road Tank Replacement Water Improvement consists of the entire
area of said Town excepting therefrom the area contained within the Village of Cayuga
Heights, and
WHEREAS, the proposed Improvement consists of the water improvements set
forth below, and in the areas of the Town as set forth below, and as more particularly
shown and described in said plan, report and map presently on file in the office of the
Town Clerk: Replace an existing 200,000 gallon steel water tank with a 500,000 gallon
glass-lined water tank on the same site located above West Northview Road , install
new concrete base, and other related ancillary facilities, and
WHEREAS, the maximum proposed to be expended by the Town of Ithaca for
the aforesaid Improvement is $ 450,000.00. The proposed method of financing to be
employed by said Town of Ithaca consists oftemporary financing under a bond
anticipation note, and upon maturity of the bond anticipation note, the issuance of serial
bonds of said Town of Ithaca to mature in annual installments over a period not to
exceed 20 years, such bonds to be paid from assessments levied upon and collected
from the several lots and parcels of land in said Town of Ithaca water system benefited
area which are deemed benefited by said Improvement, so much upon and from each
as shall be in just proportion to the amount of the benefit which the Improvement shall
confer upon the same, and
WHEREAS, it is now desired to call a public hearing for the purpose of
considering said plan, report and map, including estimate of cost, and the providing of
the Improvement, and to hear all persons interested in the subject thereof concerning
the same, all in accordance with the provisions of Section 209-q of the Town Law;
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town
of Ithaca, Tompkins County, New York, as follows:
Section 1. A public hearing shall be held by Town Board of the Town of Ithaca,
Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New
th
York, in said Town, on the 12 day of December 2011, at 5:50 o’clock P.M., Prevailing
Time, to consider the aforesaid plan, report and map, including estimate of cost, and the
question of providing the Improvement, and to hear all persons interested in the subject
thereof concerning the same and to take such action thereon as is required by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy
of this Order with a Notice of Adoption to be published once in the official newspaper,
and also to post a copy thereof on the town signboard maintained by the Town Clerk,
not less than ten (10) nor more than twenty (20) days before the day designated for the
hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town
Law.
Approved 12-12-2011 Page 15 of 29
TB 11-7-2011
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll
call, which resulted as follows: Engman, aye; Goodman, aye; Hunter, aye; DePaolo,
aye; Levine, aye; Leary, aye The Order was thereupon declared duly adopted.
DANBY ROAD
TB RESOLUTION NO. 2011-186: Order Setting Public Hearing – Danby Road Tank
Replacement Water Improvement
ORDER SETTING PUBLIC HEARING
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,
New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said
th
Town, on the 7 day of November, 2011, at 6:10 o'clock P.M., Prevailing Time.
PRESENT: Herb Engman, Supervisor; Bill Goodman, Deputy Supervisor; Councilman
Eric Levine, Councilman Rich DePaolo; Councilwoman Pat Leary; Councilwoman Tee-
Ann Hunter
In the Matter of A Proposed Water Improvement in the Town of Ithaca, Tompkins County,
New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca
Danby Road Tank Replacement Water Improvement
WHEREAS, a plan, report and map, including an estimate of cost, have been
duly prepared in such manner and in such detail as has heretofore been determined by
the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the
creation and construction, pursuant to Article 12-C of the Town Law, of water system
improvements to be known and identified as the Town of Ithaca Danby Road Tank
Replacement Water Improvement, and hereinafter also referred to as “Improvement,” to
provide such water Improvement including extensions, to the present Town water
improvement, such water system Improvement to be constructed and owned by the
Town of Ithaca, and
WHEREAS, said plan, report and map, including estimate of cost, were prepared
by a competent engineer, duly licensed by the State of New York, and have been filed
in the office of the Town Clerk of said Town, where the same are available during
regular office hours for public inspection, and
WHEREAS, the area of said Town determined to be benefited by said Town of
Ithaca Danby Road Tank Replacement Water Improvement consists of the entire area
of said Town excepting therefrom the area contained within the Village of Cayuga
Heights, and
Approved 12-12-2011 Page 16 of 29
TB 11-7-2011
WHEREAS, the proposed Improvement consists of the water improvements set
forth below, and in the areas of the Town as set forth below, and as more particularly
shown and described in said plan, report and map presently on file in the office of the
Town Clerk: Replace an existing 500,000 gallon steel water tank with a 500,000 gallon
glass-lined water tank on the same site located above Danby Road, and other related
ancillary facilities, and
WHEREAS, the maximum proposed to be expended by the Town of Ithaca for
the aforesaid Improvement is $ 450,000.00. The proposed method of financing to be
employed by said Town of Ithaca consists oftemporary financing under a bond
anticipation note, and upon maturity of the bond anticipation note, the issuance of serial
bonds of said Town of Ithaca to mature in annual installments over a period not to
exceed 20 years, such bonds to be paid from assessments levied upon and collected
from the several lots and parcels of land in said Town of Ithaca water system benefited
area which are deemed benefited by said Improvement, so much upon and from each
as shall be in just proportion to the amount of the benefit which the Improvement shall
confer upon the same, and
WHEREAS, it is now desired to call a public hearing for the purpose of
considering said plan, report and map, including estimate of cost, and the providing of
the Improvement, and to hear all persons interested in the subject thereof concerning
the same, all in accordance with the provisions of Section 209-q of the Town Law;
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town
of Ithaca, Tompkins County, New York, as follows:
Section 1. A public hearing shall be held by Town Board of the Town of Ithaca,
Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New
th
York, in said Town, on the 12 day of December 2011, at 5:55 o’clock P.M., Prevailing
Time, to consider the aforesaid plan, report and map, including estimate of cost, and the
question of providing the Improvement, and to hear all persons interested in the subject
thereof concerning the same and to take such action thereon as is required by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy
of this Order with a Notice of Adoption to be published once in the official newspaper,
and also to post a copy thereof on the town signboard maintained by the Town Clerk,
not less than ten (10) nor more than twenty (20) days before the day designated for the
hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town
Law.
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll
call, which resulted as follows: Engman, aye; Goodman, aye; Hunter, aye; DePaolo,
aye; Levine, aye; Leary, aye The Order was thereupon declared duly adopted.
Approved 12-12-2011 Page 17 of 29
TB 11-7-2011
Consider Setting a Public Hearing regarding a Local Law Adopting Revisions to
Chapter 271-8, “Planned Development Zone #7, Ithacare” (Longview) of the Town
of Ithaca Code
TB RESOLUTION No. 2011 – 187: SETTING A PUBLIC HEARING REGARDING A
LOCAL LAW ADOPTING REVISIONS TO CHAPTER 271-8, “PLANNED
DEVELOPMENT ZONE #7; LIMITED MIXED USE, ITHACARE” OF THE TOWN OF
ITHACA CODE
WHEREAS
Longview, an Ithacare Community (Longview), has requested expansion of
the Planned Development Zone #7; Limited Mix Use, to accommodate the new
Longview Patio Homes project proposed on the adjacent parcel (tax parcel no. 39-1-
3.2) which is currently zoned High Density Residential, and
WHEREAS
the Planning Board has reviewed and recommended said changes
Now therefore be it
th
RESOLVED
that the Town Board will hold a public hearing on December 12 2011 at
6:00 p.m. to hear comments regarding the proposed changes
Moved: Pat Leary Seconded: Tee-Ann Hunter
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Discuss and Consider Rescinding Birthday
Mr. Engman gave the background on the benefit adding that it is difficult for some
departments to allow the time and it has to be used within 30 days. During budget
discussions, it was identified as a possible cut and viable for elimination.
MEETING OF THE ITHACA TOWN BOARD
MONDAY, NOVEMBER 7, 2011
TB RESOLUTION NO. 2011– 188: Approval to Rescind Birthday Recognition
Program.
WHEREAS, the previous Town Supervisor started a birthday recognition informal
program for the employees in 1997, which provided time off to hourly (including Court
Clerks) employees as recognition of their birthday, which is based on their years of
service, and is to be used within 30 days of their birthday; and
WHEREAS, the program was created as an official employee benefit program in
January 2008; and
Approved 12-12-2011 Page 18 of 29
TB 11-7-2011
WHEREAS, the Personnel Committee discussed this program and recommends
having the program rescinded as a cost cutting measure due to the overall benefit costs
rising to a level that is too much for the Town to continue;
Now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve
rescinding the Birthday Recognition Program as outlined below effective January 1,
2012 for all Town of Ithaca employees.
Moved: Herb Engman Seconded: Pat Leary
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Consider Authorization for the Town Supervisor to Sign an Agreement with
Tompkins County Animal Control for Services from January 1, 2012 through
December 31, 2014
Mr. Engman gave the background on the negotiations and rates that happened through
TCCOG. The formula now takes into consideration human population, dog population
and services used in equal thirds. Smaller municipalities have seen dramatic increases
but it is not fair across the board. He added that the next step is to establish standard
criteria for a dog census on a cycle to be determined.
Ms. Brock had questions about what the TCAC organization is called in the contract and
the Board added language to the resolution stipulating the contract is subject to
approval by the Attorney for the Town.
TB RESOLUTION NO. 2011- 189: AUTHORIZING THE TOWN SUPERVISOR TO
SIGN AN AGREEMENT WITH TOMPKINS COUNTY ANIMAL CONTROL FOR
SERVICES FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2014
WHEREAS the Town of Ithaca is required by state law to provide animal control
services and
WHEREAS the Tompkins County Council of Governments (TCCOG) helped coordinate
an intermunicipal agreement with the Tompkins County Society for the Prevention of
Cruelty to Animals (SPCA) to provide such services for several municipalities including
the Town of Ithaca for the 2009 - 2012 years and
WHEREAS the SPCA created a new entity specifically for animal control services
named Tompkins County Animal Control (TCAC) and
Approved 12-12-2011 Page 19 of 29
TB 11-7-2011
WHEREAS TCCOG has negotiated a new agreement with TCAC for the period January
1, 2012 through December 31, 2014 in which the amounts paid for services by the
municipalities have changed significantly and
WHEREAS the Town of Ithaca’s charge will change as follows:
2011 - $54,584
2012 - $50,000
2013 - $45,334
2014 - $45,334
NOW THEREFORE BE IT
RESOLVED that the Town Board of the Town of Ithaca authorizes the Town Supervisor
to sign an agreement for animal control services with Tompkins County Animal Control
for the period January 1, 2012 through December 31, 2014 subject to approval by the
Attorney for the Town.
Moved: Herb Engman Seconded: Tee-Ann Hunter
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
2011 Water & Sewer Relevy Delinquent 2010/2011 Water & Sewer Rents
TB RESOLUTION NO. 2011-190: Water & Sewer Relevy Delinquent 2010/2011
Water & Sewer Rents.
WHEREAS, $147,422.92 of outstanding accounts receivables for water and
sewer charges inclusive of penalties and related surcharges for the billing period
12/1/10, 3/1/11, 6/1/11, and 9/1/11 remain unpaid and due to the Town as of October
17, 2011; and
TOWN OF ITHACA
RECONCILIATION OF RECEIVABLES
ITEM# DESCRIPTION WATER SEWER TOTALS
1 Delinquent Relevies $ 91,757.55 $ 55,665.37 $147,422.92
2 Penny Write Offs $ 0.00 $ 0.00 $ 0.00
3 Billing Credits $ (6,261.19) $ 635.48 $ (5,625.71)
Account Receivable Balance: $ 85,496.36 $ 56,300.85 $141,797.21
WHEREAS, (Item No. 1 above) $147,422.92 of delinquent water and sewer
charges inclusive of penalties and related surcharges for the billing period 12/1/10,
3/1/11, 6/1/11, and 9/1/11 remain unpaid and due to the Town as of October 17, 2011 to
be relevied onto the 2012 Town and County Tax Bills; and
Approved 12-12-2011 Page 20 of 29
TB 11-7-2011
WHEREAS, (Item No. 2 above) $ 0.00 of delinquent water and sewer charges to
be written off the books; and
WHEREAS, Town Code Chapter 261 and Town Code Chapter 210 provides for
all delinquent accounts for payment of water and sewer rents and related charges to be
placed on the ensuing years tax roll as a relevy;
NOW THEREFORE BE IT RESOLVED, that this governing Town Board
approves delinquent water and sewer charges of $91,757.55 and $55,665.37,
respectively, for relevy to the 2012 Town and County Tax Roll; and be it further
RESOLVED, that a certified copy of this resolution along with a listing of those
relevied water and sewer charges are to be delivered to Tompkins County Assessment
Department by the Town Receiver of Taxes for the purpose of adding these delinquent
charges to the 2012 Town and County Tax Roll, the Finance Officer for accounting
purposes, and to the Southern Cayuga Lake Intermunicipal Water Commission for the
purpose of reconciling and account billing purposes.
MOVED: Tee-Ann Hunter SECONDED: Eric Levine
VOTE: Ayes: Hunter, Levine, Engman, Leary, Goodman and DePaolo
Absent: Horwitz Motion passed unanimously.
Added Agenda Item
Payment to Tompkins County Council of Governments (TCCOG) to Support a
Hearing on NYS DEC’s Draft GEIS on Hydraulic Horizontal Fracturing
Mr. DePaolo had a question on the amount because it is an estimate. Verbiage was
added to the resolution indicating what would happen to any excess amounts received.
RESOLUTION NO. 2011- 191: PAYMENT TO TOMPKINS COUNCIL OF
GOVERNMENTS TO SUPPORT A HEARING ON THE NYS DEPARTMENT OF
ENVIRONMENTAL CONSERVATION’S DRAFT GENERIC ENVIRONMENTAL
IMPACT STATEMENT ON HYDRAULIC HORIZONTAL FRACTURING GAS
DRILLING
WHEREAS the Town Board of the Town of Ithaca has on a number of occasions
expressed its concern about hydrofracking for natural gas in New York State and
WHEREAS the Tompkins County Council of Governments (TCCOG) has coordinated a
number of activities to educate the public about hydrofracking and
WHEREAS TCCOG has proposed a second hearing on the most recent NYS DEC
proposed regulations, the first having been held in 2010 and
Approved 12-12-2011 Page 21 of 29
TB 11-7-2011
WHEREAS TCCOG requires additional funding to pay for hall rental and transcription of
testimony which will total approximately $3,000
NOW THEREFORE BE IT
RESOLVED that the Town of Ithaca agrees to join other municipalities in supporting a
hearing by paying $350 of the cost and
FURTHER RESOLVED that if the amounts received in support of the hearing exceed
costs, the monies would accrue to the TCCOG reserve fund and
FURTHER RESOLVED that the Town Supervisor is authorized to spend $350 from
general fund balance and the Town Clerk is authorized to send a check made out to
“Tompkins County” to the County Administrator for the purpose of supporting the
TCCOG-coordinated hearing.
Moved: Bill Goodman Seconded: Rich DePaolo
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Added Agenda Item
Resolution of Support for Forest Home Bridge Remaining One-Lane
Mr. Engman noted that this was discussed during Councilman Stein report. Language
was changed to indicate more clearly that the Town has always supported keeping the
bridge as a one-lane bridge. Mr. Weber added that the design is already completed and
approved by the state.
RESOLUTION NO. 2011-192: CONTINUED SUPPORT FOR RETAINING THE
FOREST HOME UPSTREAM BRIDGE AS ONE-LANE
WHEREAS Tompkins County plans to repair the Forest Home Upstream Bridge
beginning in 2012 and
WHEREAS the Town of Ithaca will be sharing in the costs of the walkway connecting
with the bridge and intends to re-pave Forest Home Drive from the bridge to Warren
Road and
WHEREAS there is limited space for creating a two-lane bridge with adequate road
approaches between two existing residences and
WHEREAS Forest Home residents and the Town of Ithaca have consistently supported
retaining the bridge as one lane and
Approved 12-12-2011 Page 22 of 29
TB 11-7-2011
WHEREAS the bridge leads to a hair-pin turn very near one end and a popular parking
place for visitors to the Cornell Plantations on the other and thus functions as an
effective traffic-calming device
NOW THEREFORE BE IT
RESOLVED that the Town Board of the Town of Ithaca reaffirms its support for the
retention of the Forest Home Upstream Bridge as one-lane and
FURTHER RESOLVED that the Town Clerk is authorized to send a copy of this
resolution to the Tompkins County Legislature and the Tompkins County Highway
Department.
MOVED: Herb Engman SECONDED: Rich DePaolo
VOTE: Engman, DePaolo, Hunter, Levine, Goodman and Leary
Motion passed unanimously.
Added Agenda Item
Appoint Jack Rueckheim as Bolton Point General Manager
Mr. Engman noted that Mr. Rueckheim has been acting General Manger and he has
agreed to serve with the understanding that this is a 3 year plan to prepare for Bolton
Point to prepare for a new manager.
TB RESOLUTION NO. 2011– 193:
Appointment of General Manager- SCLIWC.
WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission on
November 3, 2011 appointed John (Jack) Rueckheim, Distribution Manager and Acting
General Manager, as the General Manager; and
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Ithaca does hereby ratify the Commission’s
appointment of John (Jack) Rueckheim as the General Manager, effective November 3,
2011 at a salary of $78,000 in Job Classification ‘10’, with no change in the full time
benefits.
Moved: Rich DePaulo Seconded: Tee-Ann Hunter
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Approved 12-12-2011 Page 23 of 29
TB 11-7-2011
Added Agenda Item
Time Warner Cable Contract and Funding
Mr. DePaolo explained the franchise fees and negotiations with Time Warner Cable
regarding where subscriber fees go and how they are used. Time Warner is looking to
eliminate some of the public access time and support staff due to limited funds and he
would like to investigate their assertion that there is not enough money in the fund. The
access is allowed through the franchise agreement but it has to be someone from the
Town and he was asking for the Board’s approval to initiate the review of their books.
Mr. Engman added that TCCOG is also looking into banding together to negotiate a
new franchise agreement to give municipalities a stronger negotiating position. The
current agreement ends in 2012.
Ms. Leary added that she is paying the access fee but she doesn’t get the local
government channel. Mr. DePaolo will look into that.
The Board agreed that he and Mr. Solvig should schedule the review with the franchise.
Consider Consent Agenda Items
Approval of Town Board Minutes of October 6 and 17, 2011 – Pulled
a.
Town of Ithaca Abstract – Pulled
b.
Bolton Point Abstract
c.
Approval of 2012 Floating Holidays - Town and BP
d.
Ratification of Court Clerk Appointment
e.
Promotional Appointment for Water Treatment Plant Operator
f.
Ms. Hunter asked that the abstract and minutes be pulled.
TB RESOLUTION NO. 2011-194: Consent Agenda
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves
and/or adopts the following Consent Agenda items:
a. Approval of Minutes of October 6, and October 17, 2011—Pulled
b. Town of Ithaca Abstract – Pulled
c. Bolton Point Abstract
d. Approval of 2012 Floating Holiday – Bolton Point and Town of Ithaca
e. Ratification of Court Clerk Appointment – Casey Johnson
f. Promotional Appointment for Water Treatment Plant Operator
Moved: Bill Goodman Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Approved 12-12-2011 Page 24 of 29
TB 11-7-2011
TB RESOLUTION NO. 2011-194c: 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: 553-611
Check Numbers: 13428-13486
Burdick Hill Tanks Project $ .00
Operating Fund $ 52,023.29
TOTAL $ 52,023.29
Less Prepaid $ 1,182.72
TOTAL $ 50,840.57
Moved: Bill Goodman Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
TB RESOLUTION NO. 194d: Approval of Floating Holiday for 2012.
WHEREAS, there is an annual poll conducted of all town and SCLIWC
employees to determine their preference for the next year’s floating holiday; and
WHEREAS, the majority of the combined employees of Town Hall and Public
Works Facility have indicated, Friday, May 25, 2012 as their preference for the floating
holiday; and
WHEREAS, the majority of the SCLIWC employees have indicated, Friday,
August 31, 2012 as their preference for the floating holiday;
Now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the
Floating Holiday for 2011 for Town staff as Friday, May 25, 2012 as requested by the
majority of the employees of Town Hall and Public Works staff; and be it further
Approved 12-12-2011 Page 25 of 29
TB 11-7-2011
RESOLVED, the Town Board does hereby approve the Floating Holiday for 2011
for SCLIWC staff as Friday, August 31, 2012 as requested by the majority of the
employees of SCLIWC.
Moved: Bill Goodman Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
TB RESOLUTION NO. 2011-194e: Ratification of Appointment of Court Clerk for
Justice Klein.
WHEREAS, Linda Fetherbay, Court Clerk for Justice Klein will be retiring
effective November 30, 2011; and
WHEREAS, Justice Klein, Linda Fetherbay and the Human Resources Manager
interviewed the top eight candidates from an open recruit for the position; and
WHEREAS, Justice Klein has determined that Casey Johnson possesses the
knowledge, skills and ability to satisfactorily perform the duties of the Court Clerk
position; and
WHEREAS, Justice Klein has appointed Casey Johnson as Court Clerk effective,
November 14, 2011, so there is a 2 week training period with the current Court Clerk;
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Ithaca does hereby ratify Justice
Klein’s appointment of Casey Johnson as Court Clerk, effective November 14, 2011;
and be it further
RESOLVED, the said position is in job classification “M” at full time salary status
of 37.5 hours a week, at the annual salary of $46,137, with full time benefits; and be it
further
RESOLVED, a twenty six (26) week probationary period applies and shall end
effective May 14, 2012, with no further action by the Town Board, if there is successful
completion of the probationary period as determined by Justice Klein.
Moved: Bill Goodman Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Approved 12-12-2011 Page 26 of 29
TB 11-7-2011
TB RESOLUTION NO. 2011-194f: Ratify Appointment of Water Treatment Plant
Operator at SCLIWC Jeffrey Hall
WHEREAS, Jeffrey Hall was appointed to the position of Water Treatment Plant
Operator Assistant effective July 19, 2010; and
WHEREAS, Jeffrey Hall has completed the training and testing requirements and
has obtained his IIA Water Treatment Plant Operator license; and
WHEREAS, Jeffrey Hall now meets the requirements to be promoted to a full
Water Treatment Plant Operator position; and
WHEREAS, Jeffrey Hall was appointed as a Water Treatment Plant Operator by
SCLIWC at the November 3, 2011 meeting;
Now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the
S.C.L.I.W.C. appointment of Jeffrey Hall as a Water Treatment Plant Operator, effective
November 3, 2011 with no change in wages or full time benefits.
Moved: Bill Goodman Seconded: Eric Levine
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Ms. Hunter requested that the minutes be discussed at the Study Session and she was
interested to see on the Abstract that Mr. Lucente was given a re-assessment on his
property and she wondered if the Town were notified of any hearing on the
reassessment and thought that we should be if we weren’t.
TB RESOLUTION NO. 2011-195: 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. 1267 - 1325
General Fund Town wide 25,165.58
General Fund Part Town 7,605.80
Highway Fund Part Town 16,040.42
Water Fund 17,559.84
Sewer Fund 5,286.11
Approved 12-12-2011 Page 27 of 29
TB 11-7-2011
Warren Road Walkway
East Shore Drive Water Main 4,944.00
Town Hall Roof Replacement 73,517.00
Snyder Hill Water Improvement 6,335.35
Snyder Hill Road Reconstruction
Hungerford Hill Pump Station 3,309.73
Fire Protection Fund 606.90
Risk Retention Fund
Forest Home Lighting District 150.73
Glenside Lighting District 41.13
Renwick Heights Lighting District 58.83
Eastwood Commons Lighting District 141.24
Clover Lane Lighting District 16.67
Winner’s Circle Lighting District 55.72
Burleigh Drive Lighting District 56.43
West Haven Road Lighting District 170.53
Coddington Road Lighting District 101.66
Trust and Agency 44.35
Debt Service
TOTAL 161,208.02
Moved: Tee-Ann Hunter Seconded: Bill Goodman
VOTE: Ayes: Engman, Goodman, Levine, DePaolo, Leary and Hunter
Absent: Horwitz Motion passed unanimously
Report of Town Officials
Ms. Drake reported that the lawsuit regarding an accident on one of our roads has been
settled by jury trial and it came out in our favor financially. The insurance company
pays the settlement, but it was lower than what was asked for and lower than an offer
made by the insurance company.
Ms. Drake also noted that open enrollment is this month and with new programs,
participants need to re-enroll for some benefits.
Ms. Terwilliger noted that there are extras of the county’s “Get Your Greenback” bags
and lightbulbs to hand out and she will have some in the lobby. There were many more
than she expected and she suggested that board members hand them out wherever or
whenever they would like.
Report of Town Committees
Mr. Goodman reported that the November public works meeting is postponed two
weeks.
Ms. Hunter reported that the City is sharing their emerging comprehensive plan on
th
November 14. She also asked to have a discussion about putting the meeting
calendar on the web at Operations Committee and noted that Operations was
Approved 12-12-2011 Page 28 of 29
TB 11-7-2011
cancelled. She would like to be able to see others availability remotely. Mr. Engman
I stated that he had checked with Lisa and would follow up.
Intermunicipal Organizations - None
Review of Correspondence - None
Closed Session
Motion made by Ms. Hunter, seconded by Ms. Leary to enter closed session to seek the
advice of counsel. 7:24 p.m. Unanimous
Motion made by Ms. Hunter, seconded by Ms. Leary to re-enter open session. 7:48 p.m.
Unanimous
Consider Adjournment
Meeting adjourned upon motion and a second. Unanimous. 7:49 p.m.
Respectfully submitted,
rv
I ^
t
ulette
T(t»wn
Approved 12-12-2011 Page 29 of 29
rs TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, Town Clerk of the Town of Ithaca, Tompkins County, New York, being
duly sworn, say that the following notice has been duly posted on the sign board of the Town
Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,
Ithaca Journal:
ADVERTISEMENT:NOTICE OF PUBLIC HEARINGS
Chapter 32, "Code of Ethics"
Chapter 270 Mancini Drive Parcel ReZone - Ithaca Beer
Draft Agriculture and Farmland Protection Plan
Date of Publication: 10/28/2011
Location of Sign Board Used for Posting:Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca. NY 14850
Date of Posting: 10/28/2011
OA
Paulette Terwilliger
Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this 28"^ day of October, 2011
n
f i
Pub he
M . DeAugistineNotary Public - State of New York
No. 01DE6148035
rs
f i
I
. ToAn of ITHACA
I NOTICE OF PUBLIC
t HEARINGS '
g On November 7, 2011 at '
fi 215 N. Tioga St, Ithaca. NY '
d the Ithaca Town Boaid wll
^ hold public hearings at their
t regular meeting to hev
t comments on the following:
) 5:4S Public Hearing re-
f garding repealing Chmter
f 32. entitled 'Code of Eth-
i ice' and replacing it in Its
I entirety with a new Cht^ier
i 32. entitled ■Code of Eth-
r ics"
> 5;50 Public Hearing Re- '
»garding a Local Lew '
L Amending Chapter 270 of ^I the Tovm of Ithaca Code to ^
•iReZone a Portion of Tax 'l|Partet 33.-3-2.2 Located"
t off Mancini Drive From LowDensity Residential to Light
I Indusblal
• 6;00 Public Hearing Re- fJ garding the Draft Agrtcul-1
. tore aid Farmland Proteo-i I
I tioo Plan .{
I Informabon on the above'l
! topics can be reviewed or '
requested from the Town 1I Clerk's Office at the above (
• address, or by calling 273- I
^S!
1721 or via our website at U
town.iihaca.ny aOctober 28.2011 • «PBul«te Terwiliig er Q
Town Clerk 1<0/28/^11 J
f' 1
( ^
I. .11
u- ,bt
f 1
r\
r ^
TOWN OF ITHACA
TOWN BOARD
SISN-IN SHEET
DATE: November 7, 2011
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE /VJJA/rADDRESS/AFFILrATION
(TtXTM-cvf
Jersey HHIIthaca CollegeInlet tighthoosesLHospitalCrowbar PointPower nantCayuga Lake ViewHere our minds can drift into the tranquiiity or turbulence of Cayuga Lake.We stop here for peace and renewal, to see where we are amid the wind,waves, sky, and forested slopes.Cayuga Lake lies in a grand groove gouged in an ancient river valleyduring the past two million years be several vast Ice Age glaciersthat overwhelmed New York State. Cayuga is 38 miles long,the longest of the eleven Finger Lakes. Less than oneseventh of the lake's length is visible from here.The Lake FeaturesThe banks of Cayuga Lake are too steep to farm.Some b«es on the opposite shore may pre-dateEuropean settlementThe forested hills, waterand sky combine to create one of the mostcharming views in Ithaca.KhacaCayiqaUnion SpringsSbwdiakaAuretaKing FenyYou Are HereThough only a few feet deep at Stewart Park, beyond ourview to the North. C^uga lake's cold, dark depths sink to435 feet more than 50 feet below sea lewei.East Shore ParkEast Shore Park is located on the Cayuga LakeScenic Byway which drdes the lake.The EastShore Park ts the Town's only puWc recreationalaccess to llie Lake. Developed with CornellUniversity as part of Its Lake Source Cooling projectthis park reflects a town-wide concern for balancingconstruction and healthy ecdogical preservation.Visitcayugalake.com for more informatioar»prewdelwi» Kwr henefr »id HfWiscwifiegAidestfTOWidJ ^ Dqtcd Mth w* Mid Cvu|» UN.*i«weoandA pnm« mtch «f lbr*u on VMut h*4 aupn th* bh* it one of imrilCenMnatioft Zenw en MU.K>i»ngtieiewauh ««v theewrihed W d«t vie mide el e muni *wa. cNTewn ewm yeu »Nl^pr«ar«e l0)«o»FaenlbekiTyAcenrtf thu iter|e<6*'m»p,iiitfidreeeeruiar*>v«if Ofreuw.ran 6* had ei tht (dtMeTbinpluAi CemeAoen AVrucersBuremi it M Ud Stem Dm* (letiOi «ltNt leoeen ifwoit ml*}.orKite IdvKiTown hW en dtt comer efB^AlD Svooccorvwcwww, teem idwe.n^ueN<wilcmm(
11/01/2011 Town Clerk Monthly Report Page 1
October 01,2011! - October 31,2011
•jount#Account Description Fee Description Qty Local Share
.ai255 Marriage License Marriage Fee 9 157.50
Marriage Transcript Marriage Transcript 17 170.00
Misc. Copies Misc. Copies 1 10.00
Sub-Total:$337.50
A2191 Park Rental Fee Park Rental Fee 1 25.00
Sub-Total:$25.00
A2544 Dog Licensing Exempt Dogs 1 0.00
Female, Spayed 65 668.00
Female, Unspayed 1 17.00
Male, Neutered 48 486.00
Male, Unneutered 5 85.00
Sub-Total:$1,254.00
B21G9 Electrical Permit Electrical Permit 14 1,483.00
Sub-Total:$1,483.00
B2111 Building Permit Building Permit 21 9,190.00
Building Permit Extension Building Permit Extension 4 445.00
Sign Permit Sign Permit 1 435.66
Temp. Certif. of Occupancy Temp. Certif. of Occupancy 2 850.00
Sub-Total:$10,920.66
^15 Rezoning/Zoning Ammend Rezoning/Zoning Ammend 1 175.00
Site Plan Final Plat Site Plan Final Plat 2 800.00
Sub-Total:$975.00
TA61 Park Security Deposit Park Security Deposit 1 0.00
Sub-Total:$0.00
Total Local Shares Remitted:$14,995.16
Amount paid to:NYS Ag. & Markets for spay/neuter program 146.00
Amount paid to:Hnalth nopf 202.50
Total State, County & Local Revenues: $15,343.66 Total Non-Local Revenues:$348.50
To the Supervisor:
Pursuant to Section 27, Sub 1, of the Town Law, i hereby certify that the foregoing is a
me, Paulette Terwilliger, Town Clerk, Town of Ithaca during the period stated above, in
monies, the application of whinh gm nthprwigp provided for by law.
I taie statement of alt fees and monies received by
}, excepting only such fees and
Supervi
7y/y///
Date Town Clerk Date
^ Planning Department Report - For September & October 2011
Submitted to the Ithaca Town Board for November 7,2011 meeting
Planning Board - Development Reviews
Conifer West Hill Senior Housing Development - Provided a Sketch Plan proposal for
consideration of a new 72-unit senior housing apartment building (21,000 +/- square foot
footprint) to be developed on a +/-4.8 acre parcel with frontage on a new road off of West Hill
Drive. The project will also include new sidewalks, stormwater facilities, parking, a community
garden, signage, lighting, and landscaping. Cornell University, Owner; Conifer Realty, LLC,
Applicant.
Cleveland Estates 16-lot Subdivision - Received Final Subdivision Approval for a 16-lot
subdivision off Danby Road (across from Circle Apartments), to include 13 new building lots, a
new road, stormwater facilities and a multi-use trail. The three additional building lots include
one for the existing residence at 1044 Danby Road, one lot for open space and a stormwater
detention pond, and one lot for the new private road. Birds-Eye View Properties, LLC, Owner;
Travis & Kathy Cleveland, Applicants; Wayne C. Matteson, Jr., P.B., Agent,
Comell Monopole - Received Preliminary Approval and Special Permit for constmction of a
130 foot tall monopole to accommodate t^ee separate wireless communication company
antennas with a 10 foot tall whip antenna on the top of the tower creating an overall hei^t of +/-
140 feet. The project also includes fencing in an approximately 40ft x 80 ft area around the
tower which will contain several equipment shelters and concrete pads, the addition of two
^ gravel access drives, and the installation of a geothermal well ffeld to cool and heat one of the
equipment shelters. Comell University, Owner/Applicant; Thomas P. LiVigne, Director,
Comell Real Estate, Agent.
South Hill Business Campus Lighting Improvements - Received Preliminary and Final Approval
to add new pole mounted, wall mounted and bollard lighting, and to replace existing lighting
fixtures to improve the outdoor lighting conditions in and adjacent to the main tenant parking
lots. All lighting fixtures conform to the Town*s Outdoor Lighting Law. Andy Sciarabba,
Owner/Applicant; Linda Luciano, Property Manager, Agent.
East Hill Plaza Drivewav Improvements - Received Preliminary and Final Site Plan Approval to
perform driveway repairs at the east end and back portions of East Hill Plaza to accommodate a
recent bus route modification and the damage caused by the weight of the bus traffic. The
proposal involves the replacement of the existing pavement along with the removal of several
parking spaces. Comell University, Owner/Applicant; Thomas P. LiVigne, Director, Comell
Real Estate, Agent;
Brown-Philinson Two-Lot Subdivision (Enfield Falls RoadI - Received Preliminary and Final
Subdivision Approval for a two-lot subdivision involving the subdividing off a +/-.82 acre lot
from the southwest comer of the 10.15+/- acre parcel on Enfield Falls Road and consolidating it
with 210 Enfield Falls Road. Thomas R. Brown, Owner; Michael Sampson & Rachel Philipson,
Applicants; Susan McCutcheon, Agent
3 Hackberrv Lane Setback Modifications - Received approval to modify the side and rear yard
setbacks at 3 Hackberry Lane, Town of Ithaca Tax Parcel No. 31-1-3.13, Low Density
Residential Zone. The proposal involves modifying the setbacks shown on the final plat that
were placed on the property as part of the 1989 Hackberry Lane Subdivision, and instead using
the setback requirements of the existing Low Density Residential 2^ne ^
Chamber of Commerce Building Renovations - Received Preliminary and Final Site Plan
Approval for exterior building improvement to the Chamber of Commerce offices on East Shore
Drive. The proposal involves minor repairs such as replacement of some of the clapboards,
replacement of ^e gutter system and touch-up painting, along with insulation of a door,
installation of a wind break, and replacement of two windows. The minor modifications required
site plan approval due to language in the Planned Development Zone No. 5 (Planning staff
suggests revisions to the PDZ language to remove site plan requirements for minor exterior
modifications). Tompkins County Chamber of Commerce, owners/applicants,
Emereencv Generator for Telecommunications Facilitv (385 West King Road) - Received
Preliminary and Final Site Plan Approval for the installation of an emergency generator at an
existing telecommunications facility located on a silo on West King Road. The project is to
install an emergency generator and other cabinets associated with the hydrogen fiiel cell on a
new concrete pad within the existing fenced equipment area. George Voss, Owner; Sprint,
Applicant; Mark Hulshart, Principal, Hulshart & Associates, LLC, Agent
Simmons 2-lot subdivision (694 Coddineton Road^ - Received Preliminary and Final
Subdivision Approval for a two-lot subdivision involving the subdivision of a ±2.2 acre parcel
into two lots, a ±1.0 acre developed lot with access to Coddington Road, and a ±1.2 acre lot with
access to East King Road. Alice Simmons, owners/applicants. t
\
Ranftle 2-lot subdivision (355 Stone Ouarrv Road) - Received Preliminary and Final
Subdivision Approval for a two-lot subdivision on Stone Quarry Road that involved subdividing
the 8.67+/- acre property into two lots: a 2.265+/- acre lot containing the existing residence, and
a 6.405+/- acre vacant lot. Ronald J. Ranftle, owner/applicant.
Ithaca College - Circle Apartments - modification of a condition - Received approval to modify
conditions in the January 18,2011 Planning Board resolution to allow a certificate of occupancy
for the Community Building addition prior to several conditions being met. The conditions
would still be required prior to issuance of a certificate of occupancy for all other aspects of the
expansion project, only the Community Building addition was granted the exception.
Comprehensive Plan Update/Comprehensive Planning Committee
The Comprehensive Planning Committee devoted their September and October meetings to the
review and discussion of the draft (August 25^) Comprehensive Plan update. The committee has
thus far been focusing attention on the Goals and Recommendations chapter of the Plan. The
committee has completed all but Transportation and Economic Development sections firom this
chapter.
Conservation Board
The Board is considering submitting comments on the revised NYS draft SGEIS pertaining to
natural gas drilling. Darby Kiley attended a recent meeting of the Board to outline revisions to
the document and possible impacts. The Board is reviewing its previous comments and ^
considering updates to include.
The Scenic Resource Committee has completed its review of the draft Scenic Resources
Inventory & Analysis report and has provided their comments to Planning staff. The committee
continues to make progress on the interpretive display for the East Shore Park. Planning staff
(Nina Coveney) has been assisting the committee with creating a scenic routes map for the
display.
Diane Conneman has decided not to seek re-appointment as Chair in 2012. Two Town residents
recently expressed interest in serving on the Board. Both have been contacted and invited to
attend Conservation Board meetings to meet members and see the Board in action.
Agricultural and Farmland Protection Plan
The Plan was approved by the Tompkins County Farmland and Agricultural Board at their
September 26''* meeting. The Plan must now be approved by the Ithaca Town Board prior to
submission to the Commissioner of Ag and Markets (per the requirements specified in the grant
program).
Planning Committee
The Committee is discussing development scenarios for West Hill in anticipation of asking the
rrCTC (Ithaca Tomkins County Transportation Council) to use their TransCad transportation
model to undertaken preliminary analysis of these scenarios. Town staff has been preparing
scenarios with estimated buildout potential for the West Hill Neighborhood areas (as shown on
the draft Future Land Use Map in the draft Comprehensive Plan). The County's TransCad
model has limitations and does not factor in such things as transit use, but it could provide initial
\ estimates and provide some understanding of traffic patterns with incorporation of a new Town
road between Bundy and Route 79.
Other Activities
• Indian Creek Farm agricultural conservation easement; Mike Smith has been working with
Steve Cummins (owner of Indian Creek farm) to draft language for the easement and prepare
an associated preliminary site plan. This work is associated with the Town's purchase of
development rights (PDR) for this agricultural property (via NYS grant money).
• Planning staff conducted the annual inspection of the Ferguson farm per requirements of the
agricultural conservation easement (as required by the PDR program). The annual inspection
went well and the statf report is included as an addendum (attached for those receiving paper
copies).
• Planning Staff has attended the following webinars and/or seminars:
- Downtown Housing Forum sponsored by the Downtown Ithaca Alliance; The Danter
Company provided its findings from a recent Downtown Housing Study, October 20''*, TC3
Extension Center.
- Training on new NYS DEC stormwater regulations, particularly green infrastructure
requirements and their implications; presented by Ellen Hahn of NYS DEC, October 25"*,
Cayuga Height Fire Dept.
- Webinar - Natural Gas Extraction: Planning Implications: discussion by staff from Penn
State Extension and the Director of Planning for Lycoming County, PA. Real world
challenges to addressing the gas mining industry, September 23*".
- Finger Lakes Trails and Greenwav Conference. September 23-24"*, Nevin Welcome Center
Cornell University
Submitted by Susan Ritter, Director of Planning
3
rs
i i
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO:
FROM:
DATE:
RE:
TOWN BOARD MEMBERS
MICHAEL SMITH, ENVIRONMENTAL PLANNER/^^
OCTOBER 3, 2011
ANNUAL AGRICULTURAL CONSERVATION EASEMENT
INSPECTION - FERGUSON PROPERTY
Attached is a copy of the completed Annual Inspection Form relating to the agricultural
conservation easement on the property owned by Lisa and Gary Ferguson. The 40-acre
property is located along Sheffield Road, south of Mecklenburg Road. The Town's
Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation
Program and the easement require an annual inspection to be completed by the Town,
with the results reported to the Town Board. I conducted the site inspection on
September 19, 2011 and found the property to be in compliance with the terms of the
easement. Along with the attached form, I made additional notes on a survey map of the
property and took several pictures during the site inspection that are available if anyone is
interested in seeing them.
Please contact me at 273-1747 or email me at msmith@town.ithaca.nv.us if you have any
questions.
Enc.
Agricultural Conservation Easement
Town of Ithaca
Annual Inspection Form
Date of Visit 09/19/11
Easement Name: Current Owner:
Ferguson Agricultural Conservation Easement Lisa & Gary Ferguson
Address of Property: Address:
East Side of Sheffield Road 1485 Mecklenburg Road
285' South of Mecklenburg Road Ithaca, NY 14850
Tax Parcel No.: Phone #
28-1-1.3 607-273-9212
Description of Current Land Uses: ^
Describe current Agricultural activities (and any changes since the last inspection):
Acer? j J)/e,
List all man-made alterations made since the last inspection visit: /7^\/?e^ -
o"f'~ ^J<c "fii/y£!cr>' ^7?
Do all changes comply with the terms of the easement? Yes No
Comments: prciD<dk^^ A-y x/? a
^ ^a/7,^r<r/:^<r i, h>) 7^"
I
I \
List any observed natural alterations: ^
Other observations, comments, and recommendations: D&AAu/yn
/?uy^y/^€: A'-^a.iAxcr ^ ~^or yAc.
Attach as needed maps, photos, and illustrations.
Name of Inspector (s):
PROJECT ID NUMBER
rmv\
ocT
J
PART 1 • PROJECT INFORMATION
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY RE
SHORT ENVIRONMENTAL ASSESSMENT FORiyi^vuNOr
for UNLISTED ACTIONS Only PLANNING / ENGINEERING
( To be completed by Applicant or Project Sponsor)
y
1. APPLICANT/SPONSOR
Dan Mitchell
2. PROJECT NAME
Ithaca Beer New Brewery
a.PROJECT LOCATION:
Manclnl Road, Ithaca, NY
Municipality
Tompkins
County
4. PRECISE LOCATION: Street /Vldees and Road Intersections. Prominent landmarks etc - or orovide mao
/y?/-72^ 4r.<y) /i'y- 33 'J 4
5. iS PROPOSED ACTION : New Expansion Modification / alteration
6. DESCRIBE PROJECT BRIEFLY:
We are looking to rezone a small strip of land (.75 acres or so) from Low Density Residential, to Light Industrial. The
purpose for the change Is to make the zoning consistent throughout the property, so that it is all LI.
7. AMOUNT OF LAND AFFECTED:
Intttally .75 acres Ultimately .75 acres
8. WILL PROPOSED ACTION COMPLY WJTH EXISTING ZONING OR OTHER RESTRICTIONS?
21 Yes □ No If no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? {Choose as many as apply.)
□ Residential Industrial | |Commercial |X [Agriculture | | Park / Forest / Open Space |/|otbef (describe)
Planned Development Zone 14
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal. Slate or Local)[ [Yss [^No If yes. list agency name and permit / approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?I [Yes I^No if yes, list agency name and permit / approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
I Iycs [/Ino
I CERTIFY THAT THE INFORMATIQf^l
Applicant I Sponsor Name Dan Mitchell (f
Signature.
ROVIDED AB TO THE B OF MY KNOWLEDGE
Date; October 11. 2011
If the action Is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
Mitchell - Ferrara Rezoning
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town)
. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES NO If yes, coordinate the review process and use the full EAF.
3. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO _.X__ If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
(Answers may be handwritten, if legible)
01. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None Anticipated.
02. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly:
None Anticipated. The proposal will not increase the amount of Light Industrial Zoning in the area, but
only shift the location. The Mancini-Ferrara & Sons business will use the 0.75 acre lotfor equipment and
material storage, which is directly north of their existing buildings and storage areas.
03. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
None Anticipated.
04. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural r^ources? Explain briefly:
None Anticipated. The 0.75 acre lot is currently zoned Low Density Residential (LDR), but is surrounded
by either Light Industrial (LI) or Planned Development Zone No. 14. It is not likely that any LDR uses would
^occur on this property and the change to U appears consistent with surrounding uses.
05. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None Anticipated.
06. Long term, short term, cumulative, or other effects not identified in 01-05? Explain briefly:
None Anticipated.
07. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None Anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO .. X If yes, explain briefly:
E. Comments of staff , OB , other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions; For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise signiflcanL 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 (0 magnitude. If necessary,
add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified
and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination.
Town of Ithaca Town Board //^ / ^
Name of Lead Agency Preparer's Sigilkure(If different from Responsible Officer)
Herb Engman. Supervisor
^ame &^itl^of Respoy^i OfFi^^r In Lead Agency Signature of Contributing Preparer
DATE:
Ltsw jcruwtiig
.jihliL
n Lead Agency
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge
in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and Its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it Is a potentially-large impact. The
form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: 0 Part 1 0 Part 2 O Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it Is reasonably determined by the lead agency that;
0 A. The project will not result In any large and important impact($) and, therefore, is one which will not have a
significant impact on the environment, therefore a negadve declaration will be prepared.
□ B. Although the project could have a significant effect on the environment, there will not be a significant effectfor this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration will be prepared.*
O C. The project may result in one or more large and important impacts that may have a significant impact on theenvironment, therefore a positive declaration will be prepared.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Adoption of the Town of Ithaca Agricultural and Farmland Protection Plan
Name of Action
Town of Ithaca Town Board
Name of Lead Agency
Herb Engman Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
s h e Offi in Lead Agency Signature of Pfeparer (If different from responsible officer)
Date
PART 1--PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the' '
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of th( ^
application for approval and may be subject to further verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action Adoption of the Town of Ithaca Agricultural and Farmland Protection Plan
Location of Action (include Street Address, Municipality and County)
Town of Ithaca
Name of Applicant/Sponsor Town of Ithaca
Address 215 North Tioga Street
City / PO Ithaca State NY Zip Code 14850
Business Telephone 607-273-1747
Name of Owner (if different) n/a
/ ^
Address .
City / PO State Zip Code
Business T elephone
Description of Action:
The proposed action involves the adoption of the Town of Ithaca Agricultural and Farmland Protection Plan. The Plan includes a
discussion of farming in the Town, an inventory of various agricultural resources, a description of other Town and County plans and
regulations that impact farming, and Town agricultural lands to be protected. The Plan outlines specific goals, recommendations, anc
implementation steps that will help to support and encourage farming in the Town. The project is located throughout the Town of Ith
NY.
Please Complete Each Question-Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use; Urban □ Industrial □ Commercial □ Residential (suburban) □ Rural (non-farm)
□ Forest El Agriculture □ Other The proiect is located throughout the Town, affecting any areasagricultural operation exist.
n/a .acres.2. Total acreage of project area:
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24,25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type)
PRESENTLY
n/a acres
n/a acres
n/a acres
n/a acres
n/a acres
n/a acres
n/a acres
n/a acres
AFTER COMPLETION
acres
acres
acres
acres
acres
acres
acres
acres
3. What is predominant soil type(s) on project site? n/a - soil types vary throughout the Town
a. Soil drainage: I I Well drained % of site □ Moderately well drained % of site.
I I Poorly drained % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land
Classification System? acres (see 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? □ Yes I I No n/a
a. What is depth to bedrock (in feet)
5. Approximate percentage of proposed project site with slopes: n/a - slopes percentages vary throughout the Town
% C!]lO- 15% % 15% or greater %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers ofHistoric Places? | | Yes j | No n/a - project is townwide
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? □ Yes H No
8. What is the depth of the water table?
9
(in feet) n/a - water table varies in the Town
Is site located over a primary, principal, or sole source aquifer? I^Yes n No n/a
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes □ No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? O^es D No
According to:
( \
! \
Identify each species:
According to NYS DEC Heritage Program (Nature Explorer website) there are several species of endangered plants/animals who:
presence in the Town have been documented. It is unlikely that any of these exist in areas with active agriculture occurring.
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations?
Dves n No
Describe:
Lands within the Town of Ithaca vaiy significantly, with many gorges considered geologically significant.
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
□ Yes □ No
If yes, explain:
Several parks and trails exist throughout the Town. Some agricultural lands in the Town are privately used for recreation activitii
14. Does the present site include scenic views known to be important to the community? No
The Town's draft Scenic Resource Inventory & Analysis report identifies important scenic views, with some views across or of
agricultural lands.
15. Streams within or contiguous to project area:
Streams of various sizes exist throughout the Town, including on many agricultural properties.
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
Ponds and wetlands occur in many areas of the Town, including on many agricultural properties.
b. Size (in acres):
/ I
17. Is the site served by existing public utilities? □ Yes l\lo n/a - includes areas served and not served by utilities
a. If YES, does sufficient capacity exist to allow connection? Yes No
b. If YES, will improvements be necessary to allow connection? [^No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and304? □Yes □ No portions of the Town are located within the agricultural districts, and elements of the
proposed Plan will help to support the agricultural districts
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,and 6 NYCRR 617? Yes I 11*^0 The Town contains one CEA, but is not located on any active agricultural lands
20. Has the site ever been used for the disposal of solid or hazardous wastes?
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate).
a. Total contiguous acreage owned or controlled by project sponsor: 2^ acres.
b. Project acreage to be developed: acres initially; acres ultimately.
Project acreage to remain undeveloped: n/a acres.
^Ye
c.
s
d.Length of project, in miles: n/a (if appropriate)
If the project is an expansion, indicate percent of expansion proposed.n/a %
f. Number of off-street parking spaces existing n/a ; proposed n/a
g. Maximum vehicular trips generated per hour: n/a (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family
Initially 2^^ ^ 2^^
Ultimately 2^2 n/^ n^
i. Dimensions (in feet) of largest proposed structure:n/a height;n/a width;
j. Linear feet of frontage along a public thoroughfare project will occupy is?n/a ft.
Condominium
n/a
n/a
n/a length.
2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? n/a tons/cubic yards.
3. Will disturbed areas be reclaimed f^N/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? □ Yes IQ No
, c. Will upper subsoil be stockpiled for reclamation? Yes No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? n/a acres.
12. Is surface liquid waste disposal involved? □ Yes □ No n/a / 1
a. If yes, indicate type of waste (sewage, industrial, etc) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? I 1 Yes | | No Type n/a
14. Will surface area of an existing water body increase or decrease by proposal? I I Yes PH No n/a
If yes, explain:
/ (
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
□ Yes □ No n/a
6. If single phase project: Anticipated period of construction: months, (including demolition) n/a
7. If multi-phased: n/a
a. Total number of phases anticipated (number)
b. Anticipated date of commencement phase 1: month year, (including demolition)
c. Approximate completion date of final phase: month year.
d. Is phase 1 functionally dependent on subsequent phases? i i Yes □ No
8. Will blasting occur during construction? □ Yes □ No n/a
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project . n/a
11. Will project require relocation of any projects or facilities? □ Yes No n/a
If yes, explain:
15. Is project or any portion of project located in a ICQ year flood plain? Yes ^^No n/a
16. Will the project generate solid waste? n Yes n No n/a
a. If yes, what is the amount per month? tons
b. If yes, will an existing solid waste facility be used? □ Yes I I No
c. If yes, give name ; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyos n No / ,
e. If yes, explain:
17. Will the project involve the disposal of solid waste? dlYes CD No n/a
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes. what is the anticipated site life? years.
18. Will project use herbicides or pesticides? □ Yes □ No n/a
19. Will project routinely produce odors (more than one hour per day)? □ Yes □ No n/a
20. Will project produce operating noise exceeding the local ambient noise levels? □ Yes □ No n/a
21. Will project result in an increase in energy use? I ] Yes □ No n/a
If yes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity
23. Total anticipated water usage per day gallons/day. n/a
24. Does project involve Local, State or Federal funding? 1*1 Yes | | No
If yes, explain:
gallons/minute, n/a
The Agricultural and Farmland Protection Plan was developed with funding provided by the Town of Ithaca and through a New
York State Department of Agriculture and Markets grant under the Municipal Agricultural and Farmland Protection Plan
Development Program.
25. Approvals Required:
City, Town, Village Board I * 1 Yes | | No
City, Town, Village Planning Board I \ Yes □ No
City, Town Zoning Board
City, County Health Department
I 1 Yes I i No
□ Yes □ No
Type
Town Board
Plan Adoption
Submittal Date
10/2011
Other Local Agencies H Yes □ No
Other Regional Agencies ^Yes n No
Tompkins County 09/2011
Agriculture & Farmland
Protection Board
State Agencies Hves □No
NYS Department of
Agriculture & Markets
11/2011
Federal Agencies I I Yes I I No
0. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? □Yes □ No
If Yes, indicate decision required:
□ Zoning amendment □ Zoning variance □ New/revision of master plan
Site plan □ Special use permit □ Resource management plan
I—I1-1 Subdiv fi
I I Other
2. What is the zoning classification(s) of the site?
The project is throughout the Town and will apply to multiple zones
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
4. What is the proposed zoning of the site?
The project is throughout the Town and will apply to multiple zones
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent with the recommended uses in adopted local land use plans?
The vision and goals of the Plan are consistent with other previous Town Plans, and will further encourage and support farming
in the Town through additional recommendations and implementation steps.
7. What are the predominant land use(s) and zoning classifications within a Va mile radius of proposed action?
The project is located throughout the Town, and will primarily apply to agricultural uses
8. Is the proposed action compatible with adjoining/surrounding land uses with a Va mile?
9. If the proposed action is the subdivision of land, how many lots are proposed? n/a
a. What is the minimum lot size proposed?
□ Yes □no „/a
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? | | Yes E No
The Plan discourages any expansion of any public water or sewer facilities into agricultural areas of the Town.
11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection?
□ Yes E No
a. If yes, is existing capacity sufficient to handle projected demand? I I Yes n No
12. Will the proposed action result in the generation of traffic significantly above present levels? □ Yes E No
a. If yes, is the existing road network adequate to handle the additional traffic. n^es n No
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impactsassociated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. '''^*^
iE. Verification ^
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Town of Ithaca Date 10/28/11
Signature
Title Michael Smith, Environmental Planner
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this
assessment.
I \
Part 2 - PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
\ Generai Information (Read Carefully)
,1 In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
! The Examples provided are to assist the reviewer by showing types of impacts and wherever possibie the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for
most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a
Potential Large Impact response, thus requiring evaluation in Part 3.
! The impacts of each project, on each site, in each locality, wili vary. Therefore, the examples are illustrative and have been
offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
! The number of examples per question does not indicate the importance of each question.
I in identifying impacts, consider long term, short term and cumulative effects.
Instructions (Read carefully)
a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If
impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than
example, check column 1.
d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any
large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it
be looked at further.
e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possibie. This must be
explained in Part 3.
1
Small to
Moderate
Impact
2
Potential
Large
Impact
Can Impact Be
Mitigated by
Project Change
I >
Impact on Land
1. Will the Proposed Action result in a physical change to the project
site?
NO 13 YES □
Examples that would apply to column 2
Any construction on slopes of 15% or greater, (15 foot
rise per 100 foot of length), or where the generai slopes
in the project area exceed 10%.
• Construction on iand where the depth to the water table
is less than 3 feet.
Construction of paved parking area for 1,000 or more
vehicles.
Construction on land where bedrock is exposed or
generally within 3 feet of existing ground surface.
Construction that will continue for more than 1 year or
involve more than one phase or stage.
Excavation for mining purposes that would remove
more than 1,000 tons of natural material (i.e., rock or
soil) per year.
□
□
□
□
n
D n Yes nNo
O n Yes nNo
l~l n Yes C]no
□ □ Yes nNo
O n Yes HHno
□ n Yes Dno
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated Ir^
Impact Impact Project Cha/
/ '
Construction or expansion of a santary landfill.□□n Yes CD No
Construction in a designated floodway.□n CDves CDno
Other impacts:□□n^es CD No
2. Will there be an effect to any unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.)HNO □YES
Specific land forms:□□Dyss ^Dno
Impact on Water
Will Proposed Action affect any water body designated as protected?
(Under Articles 15,24,25 of the Environmental Conservation Law,
ECL)gNO QYES
Examples that would apply to column 2
Developable area of site contains a protected water body.n n riYes
1 )
0
Dredging more than 100 cubic yards of material from channel of
a protected stream.
□□r lYes □ no
Extension of utility distribution facilities through a protected water
body.
□□□ ^es □ no
Construction in a designated freshwater or tidal wetland.□□CD Yes □ no
•Other impacts:□□riYes □ no
4. Will Proposed Action affect any non-protected existing or new body of
water?0NO rnvEs
Examples that would apply to column 2
A10% increase or decrease in the surface area of any body of
water or more than a 10 acre increase or decrease.
Construction of a body of water that exceeds 10 acres of surface
area.
Other impacts:
□
□
□
□1 Iyos □ no
□□ yos □ no
□□ yos
1
Small to
Moderate
2
Potential
Large
Can Impact Be
Mitigated by
Impact Impact Project Change
Will Proposed Action affect surface or groundwater quality or
quantity?
Eno eyes
Examples that would apply to column 2
Proposed Action will require a discharge permit.□□riYes □ no
Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
□□Qves □ no
Proposed Action requires water supply from wells with greater
than 45 gallons per minute pumping capacity.
□□rives
□
z O
Construction or operation causing any contamination of a water
supply system.
□□rives
□
Z o
Proposed Action will adversely affect groundwater.□□rives □ no
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
□□rives □ no
• Proposed Action would use water in excess of 20,000 gallons
per day.
□□□ ves
oZ
□
• Proposed Action will likely cause siltation or other discharge into
an existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
□Dves
oZ
□
• Proposed Action will require the storage of petroleum or
chemical products greater than 1,100 gallons.
□□riYes □ no
Proposed Action will allow residential uses in areas without
water and/or sewer services.
□□HHves □ no
Proposed Action locates commercial and/or industrial uses
which may require new or expansion of existing waste treatment
and/or storage facilities.
□□dYes
□
Z o
Other impacts;□□[Z]Yes □ no
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated bv*k
Project Chai; ^ '
Will Proposed Action alter drainage flow or pattems, or surface water
runoff?
1■|N0 j [YES
' 1
Examples that would apply to column 2
Proposed Action would change flood water flows □n riYes Ono
• Proposed Action may cause substantial erosion.□n riYes FIno
Proposed Action is incompatible with existing drainage patterns.r~i □riVes □ no
Proposed Action will allow development in a designated
floodway.
□□CjjYes □ no
• Other impacts:□n nYes □ no
IMPACT ON AIR
Will Proposed Action affect air quality?[j]NO QYES
Examples that would apply to column 2
Proposed Action will induce 1,000 or more vehicle trips in any
given hour.
Proposed Action wili resuit in the incineration of more than 1 ton
of refuse per hour.
Emission rate of totai contaminants will exceed 5 lbs. per hour
or a heat source producing more than 10 million BTU's per
hour.
Proposed Action wili allow an increase in the amount of land
committed to industrial use.
Proposed Action wiii allow an increase in the density of
industrial development within existing industrial areas.
Other impacts:
n
□
n Dves
i \
n Dves Dno
n en Yes Ono
cn Oves n No
□
n
□ves □ No
Clves i Ino
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered species?0NO □YES
Examples that would apply to column 2
Reduction of one or more species listed on the New York or
Federal list, using the site, over or near
the site, or found on the site.
□n cnYes
' ^
Removal of any portion of a critical or significant wildlife habitat.
Application of pesticide or herbicide more than twice a year,
other than for agricultural purposes.
Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
□□Id Yes Id No
□□dYes dNo
Will Proposed Action substantially affect non-threatened or non-
endangered species?[j]NO QYES
Examples that would apply to column 2
Proposed Action would substantially interfere with any resident
or migratory fish, shellfish or wildlife species.
• Proposed Action requires the removal of more than 10 acres of
mature forest (over 100 years of age) or other locally Important
vegetation.
Other impacts:
□
□
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will Proposed Action affect agricultural land resources?□ no Q]yes
Examples that would apply to column 2
The Proposed Action would sever, cross or limit access to
agricultural land (includes cropland, hayfields, pasture, vineyard,
orchard, etc.)
Construction activity would excavate or compact the soil profile of
agricultural land.
The Proposed Action would irreversibly convert more than 10
acres of agricultural land or, if located in an Agricultural District,
more than 2.5 acres of agricultural land.
□
n dlves d]No
No
□ QYes □no
□ Yes □ No
d ^^Yes Id No
□ dves dNo
r~l Qves dNo
The Proposed Action would disrupt or prevent Installation of
agricultural land management systems (e.g., subsurface drain
lines, outlet ditches, strip cropping); or create a need for such
measures (e.g. cause a farm field to drain poorly due to
Increased runoff).
Other Impacts:
1
Small to
Moderate
Impact
n
2
Potential
Large
Impact
Can Impact Be
Mitigated
Project Cha;
□ Dves Z
O IZlYes Ono
The project, the adoption of the Agricultural and Farmland Protection Plan, will help to support and encourage farming in
the Town of Ithaca.
IMPACT ON AESTHETIC RESOURCES
11. Will Proposed Action affect aesthetic resources? (If necessary, use
the Visual EAF Addendum in Section 617.20, Appendix B.)Qno Qyes
Examples that would apply to column 2
• Proposed land uses, or project components obviously different
from or In sharp contrast to current surrounding land use
patterns, whether man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce
their enjoyment of the aesthetic qualities of that resource.
Project components that will result In the elimination or
significant screening of scenic views known to be Important to
the area.
Other Impacts:
□
□
□
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action Impact any site or structure of historic,
prehistoric or paleontologlcal Importance?
^NO niYES0
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or
substantially contiguous to any facility or site listed on the State
or National Register of historic places.
• Any Impact to an archaeological site or fossil bed located within
the project site.
Proposed Action will occur In an area designated as sensitive
for archaeological sites on the NYS Site Inventory.
□
□
□
n Dyos n
C dYes □
No
No
n Oyos 0
n Dyos d
I 1 I. -1 Yes I I No
d O Yes d No
d d Yes d No
I )
1
Small to
Moderate
Impact
Other impacts:□
IMPACT ON OPEN SPACE AND RECREATION
13. Will proposed Action affect the quantity or quality of existing or future
open spaces or recreational opportunities?0NO QYES
Examples that would apply to column 2
• The permanent foreclosure of a future recreational opportunity.
• A major reduction of an open space important to the commun ity.
Other impacts:
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique
characteristics of a critical environmental area (CEA) established
pursuant to subdivision 6NYCRR 617.14(g)?\ 13 NO nVES
I
List the environmental characteristics that caused the designation of
the CEA.
Examples that would apply to column 2
• Proposed Action to locate within the CEA?
Proposed Action will result in a reduction in the quantity of the
resource?
Proposed Action will result in a reduction in the quality of the
resource?
• Proposed Action will impact the use, function or enjoyment of the
resource?
Other impacts:
2
Potential
Large
Impact
Can Impact Be
Mitigated by
Project Change
O nYes Dno
r~i □□ Yes □ no
n n riYes FIno
□□Dves □ no
□□□ Yes □ no
n □1 j Yes □no
n n r~lYes
o
□
□□1 Iyos
o
□
□n 1 Ives i Ino
1
Small to
Moderate
Impact
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?
QNo
Examples that would apply to column 2
• Alteration of present patterns of movement of people and/or
goods.
Proposed Action will result In major traffic problems.
Other impacts:
□
□
□
2
Potential
Large
Impact
□
n
□
Can Impact Be
Mitigated b^^^^
Project Chai^
Dves n No
Dves FIno
□ Yes O No
IMPACT ON ENERGY
16. Will Proposed Action affect the community's sources of fuel or
energy supply?
HnO nVES
Examples that would apply to column 2
Proposed Action will cause a greater than 5% increase in the
use of any form of energy in the municipality.
• Proposed Action will require the creation or extension of an
energy transmission or supply system to serve more than 50
single or two family residences or to serve a major commercial
or industrial use.
Other impacts:
□
□
NOISE AND ODOR IMPACT
17. Will there be objectionable odors, noise, or vibration as a result of
the Proposed Action?
HnO nYES
Examples that would apply to column 2
Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
Odors will occur routinely (more than one hour per day).
Proposed Action will produce operating noise exceeding the
local ambient noise levels for noise outside of structures.
Proposed Action will remove natural barriers that would act as a
noise screen.
Other impacts:
□
□
□
□
□
n n Yes □ No
n Dves L i
n □ Yes □ I
□
□
□
□
□
Dyss [Uno
Dyss n No
□ ves □ no
Dyss iT^
Dyss
f \
Dno
1
Small to
Moderate
Impact
2
Potential
Large
Impact
Can Impact Be
Mitigated by
Project Change
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
QNO QYES
• Proposed Action may cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals, radiation,
etc.) in the event of accident or upset conditions, or there may be
a chronic low level discharge or emission.
Proposed Action may result in the burial of "hazardous wastes"
in any form (i.e. toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Storage facilities for one million or more gallons of liquefied
natural gas or other flammable liquids.
Proposed Action may result in the excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous waste.
• Other impacts:
□
□
□
□
□
IMPACT ON GROWTH AND CHARACTER
OF COMMUNIIY OR NEIGHBORHOOD
19. Will Proposed Action affect the character of the existing community?QNO QYES
Examples that would apply to column 2
The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
The municipal budget for capital expenditures or operating
services will increase by more than 5% per year as a result of
this project.
□
n Dves n
n Qves n
No
No
C Dves LJNo
O Dves Dno
O Qves n No
IZI Dves Dno
O nVes Dno
Proposed Action will conflict with officially adopted plans or
goals.
□□L^Yes 1 Imi-i
Proposed Action will cause a change in the density of land use.n n LjYes Qno
Proposed Action will replace or eliminate existing facilities,
structures or areas of historic importance to the community.
□□r~lYes □no
Development will create a demand for additional community
services (e.g. schools, police and fire, etc.)□□l~|Yes □ no
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated
Project Chai/
Proposed Action will set an important precedent for future
projects.
□□
Proposed Action will create or eliminate employment.□□□ ves CIIno
Other impacts:□□Dves Dno
20. Is there, or Is there likely to be, public controversy related to potential
adverse environment impacts?
El NO CjYES
General comment applicable to action:
No negative environmental impacts are anticipated. The proposed action is the adoption of the Town's Agricultural and
Farmland Protection Plan and would apply throughout the Town. The Plan includes goals, recommendations and
implementation measures that will help to support and encourage farming in the Town.
If Any Action In Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of ^
impact, Proceed to Part 3