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TB Minutes 2002-11-07
REGULAR MEETING OF THE ITHACA TOWN BOARD THURSDAY, NOVEMBER 7,2002 AT 5:30 P.M. _ ' 215 NORTH TIOGA STREET, ITHACA, NEW YORK 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Board of Representatives 4. Report of Fire Commissioners 5. Persons to be Heard 6. 6:30 p.m. - Public Hearing regarding Amending Traffic Ordinance to Add Three Stop Signs in the Area of Roat Street 7. Consider Amending Traffic Ordinance to Add Three Stop Signs in the Area of Roat Street 8. 6:45 p.m. — Public Hearing to Consider "A LOCAL LAW TO AMEND THE ^ ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIRMENTS RELATING TO PLANNING BOARD ^ AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS" 9. Adoption of SEQR, "A Local Law To Amend The Zoning Ordinance To Allow Ithacare To Construct A Pavilion And To Modify The Requirements Relating To Planning Board And Town Board Approval Of Modifications To Site Plans" 10. Adoption of "A Local Law To Amend The Zoning Ordinance To Allow Ithacare To Construct A Pavilion And To Modify The Requirements Relating To Planning Board And Town Board Approval Of Modifications To Site Plans" 11. 7:00 p.m. - Public Hearing to Consider 2003 Assessment Rolls for Special Benefit Districts as follows: a. 7:00 p.m. - Forest Home Lighting District b. 7:01 p.m. - Glenside Lighting District c. 7:02 p.m. - Renwick Heights Lighting District d. 7:03 p.m. - Eastwood Commons Lighting District e. 7:04 p.m. - Clover Lane Lighting District f. 7:05 p.m. - Winners Circle Lighting District g. 7:06 p.m. - Burleigh Drive Lighting District h. 7:07 p.m. - West Haven Road Lighting District i. 7:08 p.m. - Coddington Road Lighting District j. 7:09 p.m. - Water Improvement Benefit District 0 / 1 ( k. 7:10 p.m. - Sewer Improvement Benefit District , \ 12. Consider Adoption of 2002 Assessment Rolls for Special Benefit Districts 13. Consider Approval of Two Cellular Tower Leases Subject to Permissive Referendum 14. 7:15 p.m. - Public Hearing to Consider the 2003 Town of Ithaca Preliminary Budget as the 2003 Town of Ithaca Final Budget 15. Consider Adoption of 2003 Town of Ithaca Preliminary Budget as 2003 Town of Ithaca Final Budget 16. 7:30 p.m. - Public Hearing to Consider 2003 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget as the 2003 Southern Cayuga Lake Intermunicipal Water Commission Final Budget 17. Consider Adoption of the 2003 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget as the 2003 Southern Cayuga Lake Intermunicipal Water Commission Final Budget ' p ( \ ( \ 18. 7:45 p.m. - Public Hearing for "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes Who are 65 Years of Age or Over" 19. Adoption of SEQR, "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes Who are 65 Years of Age or Over" 20. Adoption of "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes Who are 65 Years of Age or Over" 21. 7:50 p.m. - Public Hearing for "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Disabilities" 22. Adoption of SEQR, "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Disabilities" 23. Adoption of "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Disabilities" 24. 7:55 p.m. - Public Hearing for "A Local Law Authorizing Automatic Renewal of Senior Citizens Real Property Tax Exemption" / ; ( \ /25. Adoption of SEQR, "A Local Law Authorizing Automatic Renewal of Senior Citizens Real Property Tax Exemption" 26. Adoption of "A Local Law Authorizing Automatic Renewal of Senior Citizens Real Property Tax Exemption" 27. Consider Approval of Personnel Manual 28. Consider Approval of Delinquent Water and Sewer Charges on the 2003 Town and County Taxes 29. 8:05 p.m. - Public Hearing - Burns Road Watermain Extension 30. SEQR - Bums Road Watermain Extension 31. Consider Approval of Burns Road Watermain Extension Project, Plans, Specifications, and Authorization to Advertise for Bids 32. Consider Approval of Creation of Capital Project Fund for Bums Road Watermain Extension 33. 8:20 p.m. - Public Hearing regarding the Cable Franchise Agreement 34. Consider Setting Public Hearing regarding Enactment of Amendment to Local Law regarding Conservation Board 35. Consider Final Approval of Agricultural Conservation Easement 36. Notice of Completion and Authorization to Close Capital Project West Hill - Oakwood Lane Water Pump and Piping Improvements 37. Consent Agenda a. Approval of Town Board Minutes - October 3, 2002 & October 17, 2002 b. Approval of Town of Ithaca Warrants c. Approval of Bolton Point Warrants d. Approval of Records Management Day 38. Report of Town Committees a. Purchase of Development Rights Committee b. Capital Planning Committee c. Cayuga Lake Watershed Intermunicipal Organization d. Codes and Ordinances Committee e. Fire Contract Negotiating Committee f. Park and Trail Use Committee g. Personnel Committee ' h. Public Works Committee } i. Safety Committee J. Sewer Contract Committee k. Special District Benefit Assessment Committee I. Transportation Committee 39. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning e. Director of Building and Zoning f. Human Resource Manager g. Budget Officer h. Network/Records Specialist i. Attorney for the Town of Ithaca 40. Review of Correspondence a. 10/07/2002 Letter to Town Highway Department from Maureen & Sy Schmitt re work done on Lisa Lane b. 10/11/2002 Letter from Henry Cowan re resignation of Town Historian c. 10/22/2002 Letter to Cathy Valentino from Janis Graham re ribbon cutting ) ceremony d. 10/22/2002 Cayuga Height Fire Department Run Log for the month of September 2002 41. Consider Executive Session to Discuss a Personnel Matter and to Consider Final Agricultural Conservation Easement 42. Consider Adjournment ADDITIONAL AGENDA ITEMS: 1. Consider Appointment of Mary Russell and Fred Wilcox III to the Tompkins County Municipal Officers Planning Committee 2. Consider Resolution to the New York State Legislature and Association of Towns Regarding Medicaid Costs i' / ( s mm, November 7,2002 Town Board Meeting Approved December 9, 2002 REGULAR MEETING OF THE ITHACA TOWN BOARD ^ THURSDAY, NOVEMBER 7, 2002 AT 5:30 P.M. ^ 215 NORTH TIOGA STREET, ITHACA, NEW YORK BOARD MEMBERS PRESENT: Supervisor Valentino, Councilwoman Russell, Councilwoman Grigorov, Councilman Lesser, Councilman Burbank, Councilman Niederkom TOWN OFFICIALS AND STAFF PRESENT: Tee-Ann Hunter, Town Clerk; John Bamey, Attomey for the Town; Dan Walker, Town Engineer; Fred Noteboom, Highway Superintendent; Jon Kanter; Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager. OTHERS PRESENT: Bob Romanowski, Ithaca Fire Department; Frank Proto, Tompklns County Board of Representatives; Everett D. Markwardt, 203 Blackstone Avenue; Carl Franck; 305 Roat Street; Sophia Franck, 305 Roat Street; Bob Shaw, 313 Roat Street; Anne Shaw, 313 Roat Street; Esther Racodsin, 112 Roat Street; Corraine Cooper, 105 Roat Street; Mark Macera, Ithacare Center, Russ Archer, Independent Wireless One, Albany, New York; Randy Wayne, 201 Road Street; Thomas Doheny, Time Wamer Cable. —! EXCUSED: Councilman Klein; Andy Frost, Director of Building and Zoning ' CALL TO ORDER: The meeting was called to order at 5:30 p.m. and Supen^isor Valentino led the assemblage in the pledge of allegiance. Agenda Item No. 3 - Report of Tompklns Countv Board of Representatives Frank Proto, Tompkins County Board of Representatives, appeared before the Board on behalf of the County Representatives. Mr. Proto represents approximately 240 people in the Town's District 13. Mr. Proto serves on the Health and Human Services Committee, the Planning Committee, the Space and Location Committee, and the Farm and Ag Land Protection Board. He chairs the Water Resources Council with Supervisor Valentino, the TCAT Board of Directors, and is Vice Chair of the County Board of Health. He invited the Board to feel free to contact him with questions or for information. He reported the major item on the County agenda is the Budget. The Expanded Budget Meetings are over and the tax increase is down to 12.9%, an approximate $73.00 increase on $100,000.00 worth of assessed value. The formal public hearing on the Budget will be November 12^. They will vote on the budget November 19^. Mr. Proto indicated there might be changes made prior to finalizing the budget stating there are those on the County Board interested in exploring whether they can get the increase down below 10%. November 7,2002 Town Board Meeting Approved December 9,2002 1 Mr. Proto reported on the budget as follows: Presently, the budget is coming in at about 105 / 106 million in Operating Expenses. The County is currently carrying 23 million in Capital ' Programs; they're proposing another 20 million of new capital spending spread out over several years. Spending for the Aquifer Study has been spread out. They took 10 million out of the jail. Because of the way the Budget shapes up, they're looking at between 4% to 10% increase in County taxes in 2004. Mr. Proto reported briefly on TCAT, encouraged Board members to get a flu shot at one of the County Clinics, and reported 85 cases of whopping cough in Tompkins County stating original vaccines may have worn off and people may need booster shots. Mr. Proto spoke with the Board about the County's intention to reinstate the sales tax on clothing under $110.00. Due to requirements for a public hearing it cannot be done until the March quarter. This tax can be "put on and taken off" by County local law as wanted; it does not require State legislation. It is hoped that reinstatement will capture revenue from the students. It is hard to estimate how much revenue will be generated. WHEREAS, the Personnel Committee recommends the Town Board approving and adopting the revised Personnel Manual for all the employees and officials of the Town and Southern Cayuga Lake Intermunicipal Water Commission; n Mr. Proto stated that the largest single sales tax generators in the County are utilities: gas and electric, telephone. The largest single sales tax generator is NYSEG. Agenda item No. 4 - Report of Fire Commissioners (Attachment #1 - Written Report) Bob Romanowski appeared before the Board with the Commission's report. Agenda item No. 27 - Consider Approval of Personnel Manual (Attachment #2 ~ Memo from J. Drake> Councilman Lesser commended Ms. Drake on her work in producing the manual. TB RESOLUTION NO. 2002-167 - Approval and Adoption of Revised Personnel Manual WHEREAS, the Personnel Committee has devoted the past years to editing and revising the comprehensive personnel policy manual for the benefit of the employees and officials, and to merge the personnel manuals of the Town and Southern Cayuga Lake Intermunicipal Water Commission; and WHEREAS, the committee has had the manual reviewed by the employees of the Town and Southem Cayuga Lake Intermunicipal Water Commission for comments and suggestions; and November 7,2002 Town Board Meeting Approved December 9, 2002 ^ Now, therefore, be It RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the revised Personnel Manual for all the employees and officials of the Town and the employees of Southern Cayuga Lake Intermunlclpal Water Commission, effective, November 7, 2002. MOVED: Councilman Burbank SECONDED: Councllwoman Russell VOTE: Supervisor Valentino, aye; Councllwoman Russell, aye; Councllwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman NIederkom, aye. The motion was carried unanimously. Agenda Item No. 28. n Consider Approval of Delinquent Water and Sewer Charges on the 2003 Town and County Taxes TB RESOLUTION NO. 2002-168 - 2003 Water & Sewer Relew Delinquent 2001/2002 Water & Sewer Rents. WHEREAS, $ 105,318.45 of outstanding accounts receivables for water and sewer charges Inclusive of penalties and related surcharges for the billing period 12/1/01, 3/1/02, 6/1/02, and 9/1/02 remain unpaid and due to the Town as of October 15, 2002; and TOWN OF ITHACA REGONCILIATION OF RECEIVABLES ITEM# DESCRIPTION WATER SEWER TOTALS 1 Delinquent Relevles $63,034.05 $ 42,284.40 $105,318.45 2 Penny Write Offs $ (20.04) $ 22.37 $ 2.33 3 Billing Credits $ (2,716.29) $ 182.35 $ (2,533.94) Account Receivable Balance: $ 60,297.72 $ 42,489.12 $ 102,786.84 WHEREAS, (Item No. 1 above) $ 105,31845 of delinquent water and sewer charges Inclusive of penalties and related surcharges for the billing period 12/1/01, 3/1/02, 6/1/02, and 9/1/02 remain unpaid and due to the Town as of October 15, 2002 to be relevled onto the 2003 Town and County Tax Bills; and WHEREAS, (Item No. 2 above) $ 2.33 of delinquent water and sewer charges to be written off the books; and November 7,2002 Town Board Meeting Approved December 9,20O2 WHEREAS, Local Town Law No. 2 of 1976 "WATER RENTS" and Local Town Law No. 6 of 1986 "SEWER RENTS" 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 $ 63,034.05 and $ 42,284.40, respectively, for relevy to the 2003 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 be given to Tompkins County Assessment Department for adding these delinquent charges to the 2003 Town and County Tax Roll, the Town Budget Officer for accounting purposes, and that Southern Cayuga Lake Intermunicipal Water Commission for the purpose of reconciling and account billing purposes. MOVED; Councilwoman Russell SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. The motion was carried unanimously. OTHER BUSINESS Supervisor Valentino asked for the Board's authorization to explore, with the school district and the City, funding arrangements to pay for a Resource Officer to work within the schools. The Resource Officer is a policeperson who is available to help children with drug and weapons related issues. Councilman Burbank expressed reservations stating he would want detailed information about the position. The Board authorized supervisor Valentino to investigate the possibilities. Agenda item No, 34 - Consider Setting a Public Hearing regarding Enactment of an Amendment to Locai Law regarding the Conservation Board (Attachment #6 - Memo from J. Kanter) TB RESOLUTION NO. 2002-169 n Setting a Public Hearing for "A LOCAL LAW MODIFYING THE GOVERNANCE PROVISIONS RELATED TO THE CONSERVATION BOARD AND AMENDING AND RESTATING LOCAL LAW NUMBER FOUR OF THE YEAR 1993 WHICH REDESIGNATED THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD" RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 9^*^ day of December 2002, at 6:30 p.m. for the purpose of considering the adoption of a local law entitled: November 7, 2002 Town Board Meeting Approved December 9,2002 "A LOCAL LAW MODIFYING THE GOVERNANCE PROVISIONS RELATED TO THE CONSERVATION BOARD AND AMENDING AND RESTATING LOCAL LAW NUMBER FOUR OF THE YEAR 1993 WHICH REDESIGNATED THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL AS THE TOWN OF ITHACA CONSERVATION BOARD" and it Is further RESOLVED, that at such time and place all persons interested in such memorandum may be heard conceming the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Joumal published in the City of Ithaca, Ithaca, New York, said publication to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. Motion carried unanimously. Agenda Item No. 35 - Notice of Completion and Authorization to Close the Capital Protect West Hill Oak Wood Lane Water Pump and Piping Improvements TB RESOLUTION NO. 2002-170 - Notice of Completion and Authorization to Close Capital Project West Hill - Oakwood Lane Water Pumo and Piping Improvements WHEREAS, the Town Engineer is notifying this Goveming Board that the improvements made to the West Hill - Oakwood Lane Water Pump and Pipe are complete, and WHEREAS, together the Town Engineer and Town Budget Officer have reviewed the final accounting of capital project revenue and expenses and are seeking the approval and authorization from this Board that the following budgetary transactions need to be recorded In preparation of closing the West Hill - Oakwood Lane Water Tank Improvements Project, and CAPITAL PROJECT FUND ^ (West Hill - Oakwood Lane Water Tank Improvements) BUDGETJOURNAL ENTRY NO. 1 DEBIT H9-510 ESTIMATED REVENUE 3,692.07 November 7,2002 Town Board Meeting f ' Approved December 9,2002 ! H9-2401 INTEREST EARNINGS 17.07 H9-5031 INTERFUND TRANSFER 3,675.00 O CREDIT H9-960 APPROPRIATIONS 3,675.00 H9-8340.200 CONSTRUCTION CONTRACT 3,675.00 H9-599 UNAPPROPRIATED FUND BALANCE 17.07 MODIFY BUDGET TO ACTUAL PROJECT FINANCING WATER FUND BUDGETJOURNAL ENTRY NO. 2 DEBIT F960 APPROPRIATIONS 3,675.00 F8340.485 WATER TANK F 3,675.00 CREDIT F960 APPROPRIATIONS 3,675.00 F9950.922 INTERFUND TRANSFER TO CAPITAL 3,675.00 WEST HILL CAPITAL PROJECT H ! MODIFY BUDGET FOR WEST HILL PROJECT FUNDING RESOLVED, after discussion with the Town Engineer this Governing Board declares said project complete, and therefore be it further RESOLVED, that this Board authorizes and directs the Town Budget Officer to close the accounting and financial records of this capital project by recording any and all appropriate transactions and return any unexpended project cash to the Water Fund. MOVED: Supervisor Valentino SECONDED: Councilman Niederkorn VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. The motion was carried unanimously. Agenda Item No. 37 - Consent Agenda TB RESOLUTION NO. 2002-171 - Consent Agenda Items. ^ BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items Numbers 37a through 37d as presented. n November 7,2002 Town Board Meeting Approved December 9,2002 ^ MOVED: Councilwoman Grigorov SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-171 a - Town Board Minutes, WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board Meeting held on October 3, 2002 and the Special Town Board Meeting held on October 17, 2002, to the governing Town Board for their review and approval of filing; NOW, THEREFORE, BE IT RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meetings held on October 3, 2002 and October 17, 2002 as presented at the November 7, 2002 board meeting. MOVED: Councilwoman Grigorov SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-171 b n Town of Ithaca Warrants. 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. 5788 - 5942 General Fund Townwide $ 86,495.13 ^ General Fund Part Town $ 13,748.97 Highway Fund Part Town of Ithaca $ 24,565.63 Water Fund $129,889.63 "^1 Sewer Fund $172,936.16 Hanshaw Rd Sanitary Sewer $ 323.00 November 7, 2002 Town Board Meeting Approved December 9, 2002 Stone Quarry Road Reconstruction $ 17,143.55 Public Works Facility Reconstruction $242,443.61 Trumansburg Road Improvement $1,330.34 Fire Protection Fund $ 23,342.00 Forest Home Lighting District $166.75 Glenside Lighting District $59.91 Renwick Heights Lighting District $83.90 Eastwood Commons Lighting District $175.36 Clover Lane Lighting District $20.14 Winner's Circle Lighting District $60.07 Burleigh Drive Lighting District $61.83 West Haven Road Lighting District $230.45 Coddington Road Lighting District $136.15 Trust & Agency $1,816.50 TOTAL $716,279.28 MOVED: Councilwoman Grigorov SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. The motion was carried unanimously. TB RESOLUTION NO, 2002-171c - Bolton Points Warrants. 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: 578-666 Operating Fund $192,919.85 TOTAL $192.919.85 8 1^, November 7,2002 Town Board Meeting Approved December 9,2002 MOVED: Councilwoman Grigorov SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Counciiman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO- 2002-171 d - Records Management Day. WHEREAS, the Records Management Officer & the Records Management Advisory Board have found it necessary to hold a Records Management Day in order to prepare records for year-end disposition; now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby approves closing Town Hall on Wednesday, February 5, 2003 for Records Management Day. MOVED: Councilwoman Grigorov SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Counciiman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, ■n aye. The motion was carried unanimously. Agenda Item No. 6 - Public Hearing regarding Amending Traffic Ordinance to Add Three Stop Signs in the Area of Roat Street (Attachment #4 - Ordinance and Public Notice) Supervisor Valentino opened the public hearing at 6:30 p.m. The date and time had been properly advertised. Mark Ward. Biackstone Avenue - Mr. Ward voiced his concem regarding traffic in the area. Traffic coming off Warren Road frequently tries to cut through Roat and Biackstone in order to bypass the stop signs at Hanshaw Road. Mr. Ward spoke in favor of the stop signs and asked that the Town consider a 4-way stop sign at Biackstone and Roat Street stating that is where the school bus stops. He told the Board that there is a large bush on the southwest corner of the Biackstone and Roat Street intersection that block visibility. Bob Shaw. 313 Roat Street - Mr. Shaw spoke in favor of the stop signs and concurred with Mr. Ward's recommendation for a 4-way stop at Biackstone and Roat. ^ Sophia Franck. 305 Roat Street - Ms. Franck spoke in favor of the stop signs and told the Board that there were 25 children living in the area. November 7, 2002 Town Board Meeting ^ Approved December 9,2002 j Anne Shaw. 313 Roat Street - Ms. Shaw stated that she had almost been hit a number of times by people failing to stop at the stop signs. She reported that she had spoken to the ^ police but had yet to see a policeman patrolling the area. Supervisor Valentino stated that the Town has identified Hanshaw Road as a problem area and is working to have greater traffic patrolling in the area. Councilman Lesser asked the residents for specific times of day that traffic problems occur stating the Transportation Committee will be meeting with the Sheriff and some of his deputies and he would raise the Issue with them at that time. Jovce Vaness. 205 Roat Street - Ms. Vaness spoke in favor of the stop signs and asked that something be done to slow the traffic coming off Warren onto Roat. Mr. Noteboom commented that the Town could put stop signs at every intersection in the Town, but if there is no enforcement, they serve no purpose. Ms. Vaness stated this is why she thought something like a speed bump could be used. Cherie Mallor. 111 Blackstone (Intersection of Blackstone and Roat) - Ms. Mallor indicated the peak traffic times were between 8 a.m. - 1 - a.m. and between 4 p.m. - 6 p.m. The 4 and f" 6 is especially dangerous because the children are home from school. She spoke in favor of j a speed bump stating that people would "be good" when patrol was present but return to speeding when they were not. Reld Dewev. 203 Roat Street - Mr. Dewey spoke in favor of the stop signs asked for on the original petition. Agenda Item No, 8 - Pubiic Hearing to Consider "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS' (Attachment #3 - Local Law. SEOR, Public Notice) Supervisor Valentino opened the PUBLIC HEARING at 6:45 p.m. Agenda Item No. 6 - Public Hearing regarding Amending Traffic Ordinance to Add Three Stop Signs in the Area of Roat Street (Continued) Reid Dewey - He further remarked that he has called the Sheriff's Office 6 times but not been ^ able to get anyone out. He encouraged the Board to have the Sheriff patrol the area. 10 November 7,2002 Town Board Meeting Approved December 9, 2002 One resident asked about the possibility of sidewalks. They were told neighborhood ^ residents could petition for a sidewalk district, which if created would result in a special district charge added to their tax bill. John Barney briefly explained the process. In answer to questions from Supervisor Valentino, Fred Noteboom stated that the ordinance before the Board only covered a portion of the residents' request, a 3-way stop at Roat and Orchard. It does not include stop signs at Blackstone and Roat. Lise Bouvet. 204 Roat Street - Spoke in favor of the stop signs and questioned why the process took so long. Mr. Noteboom took responsibility for advising the Board to consider only the three stop signs contained in the proposed amendment. Lorraine Coooer. 105 Roat Street - Spoke in favor of the requested stop signs. Ms. Cooper reported that when one goes down Roat Street and turns right at Blackstone to go onto Hanshaw there is a mailbox that totally blocks visibility. She asked if there was a way to suggest that they move the mailbox. ^ Mr. Noteboom stated that he would contact the County above the problem. Supervisor Valentino closed the public hearing at 7:05 p.m. Supervisor Valentio recommended the Board pass the ordinance in front of them, which would begin to address the problem. The Town can, working with the residents, come back to the issue and look at what else needs to be done. TB RESOLUTION NO. 2002-172 - ADOPTING THE AMENDMENT TO THE TRAFFIC ORDINANCE PROVIDING STOP SIGNS ON ORCHARD AND ROAT STREETS WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on November 7, 2002, at 6:30 p.m. to hear all interested parties on a proposed ordinance amending the Town's Traffic Ordinance to provide stop signs on Orchard and Roat Streets; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Joumal; 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 ordinance, or any part thereof; and 11 November 7, 2002 Town Board Meeting Approved December 9, 2002 1 WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the State Environmental Quality Review Act ("SEQRA), it has been determined by the Town Board that adoption of said proposed ordinance would be a Type II action as defined in NYCRR section 617.5(c)(16) and accordingly is not subject to review under SEQRA and could be processed without further regard to SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said ordinance entitled "ORDINANCE AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA TO PROVIDE FOR INSTALLATION OF STOP SIGNS ON ROAT AND ORCHARD STREETS," 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 ordinance in the Town's Ordinance Book and to publish a copy or abstract of such Ordinance in the Ithaca Joumal, all as required by law. MOVED: Supervisor Valentino n i ; SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. Motion carried unanimously. Agenda Item No. 8 - Public Hearing to Consider "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS" (Continued) Mr. Macera was present to answer any questions. There was no one present to speak and Supervisor Valentino closed the public hearing at 7:05 p.m. IB RESOLUTION NO. 2002-173 - SEOR: Local Law to Amend the Zoning Ordinance to Allow Ithacare to Construct a Pavilion and to Modifv the Reguirements Relating to Planning Board and Town Board Approval of Modifications to Site Plans WHEREAS, this action is the enactment of a local law amending the Zoning Ordinance to allow Ithacare Center Service Company, Inc. to construct a pavilion and to modify the requirements relating to Planning Board and Town Board approval of modifications to site plans; and 12 November 7,2002 Town Board Meeting Approved December 9,2002 WHEREAS, said proposed local law would add a provision allowing the construction of one pavilion not exceeding 3,000 square feet, while other accessory buildings, such as storage sheds, pavilions {in addition to the one authorized above), gazebos, and other similar small buildings, shall not exceed 200 square feet; and WHEREAS, said proposed local law would amend the provisions for approval of modifications to the approved site plan for the Ithacare Senior Living Community, adding a new list of thresholds that would trigger site plan approval by the Planning Board, and deleting the requirement that any "significanf changes in the site plan must also be approved by the Town Board; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws; and WHEREAS, the Town Board, at a public hearing held on November 7, 2002, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilwoman Grigorov SECONDED: Councilman Niederkom VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-174 - ADOPTING A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town Board on November 7, 2002, at 6:45 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO 13 November 7,2002 Town Board Meeting ^ Approved December 9,2002 I MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS"; and O WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act or "SEQR") of the New York State Conservation Law it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR, and WHEREAS, the Town Planning Board, after due consideration has recommended adoption of such local law; and WHEREAS, the matter was submitted for review to the Tompkins County Department n of Planning pursuant to New York State General Municipal Law Sections 239-1 and/or 239-m, 1 and such Department issued its opinion that adoption of the proposed local law will not have a significant adverse impact on intercommunity. County, and State interests; and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law book of the Town of Ithaca, and to give due notice of the adoption of said local law by publication of such local law or an abstract or ^ summary thereof in the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York. ! 1 Moved: Councilman Niederkorn 14 November 7,2002 Town Board Meeting Approved December 9,2002 ^ Seconded: Councilwoman Russell Vote:Supervisor Valentino aye Councilwoman Russell aye Councilwoman Grigorov aye Councilman Lesser aye Councilman Burbank aye Councilman Niederkom aye Agenda Item No, 11 - Public Hearing to Consider Adoption of 2003 Assessment Rolls for Special Benefit Districts Supervisor Valentino opened the public hearings at 7:10 p.m. There was no one present to comment. TB RESOLUTION NO. 2002-175 - 2003 Assessment Rolfs for Special Benefit Districts, WHEREAS, the properly advertised public hearings have been held to consider the 2003 Assessment Rolls for Special Benefit Districts for the Town of Ithaca; now therefore be it RESOLVED, the governing Town Board of the Town of Ithaca hereby approves and adopts the 2003 Assessment Rolls for the Special Benefit District of the Town of Ithaca. TB RESOLUTION NO. 2002-175a Forest Home Lighting District: Tsoc Year 2003, Assessed Value $ 17,687,900 MOVED: Councilman Niederkorn SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman NIederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175b Glenside Lighting District: Tax Year 2003, Assessed Value $ 2,583,000 MOVED: Councilman Burbank SECONDED: Councilman Lesser 15 November 7, 2002 Town Board Meeting Approved December 9,2002 I VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councllwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, O aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175c Renwick Heights Lighting District: Tax Year 2003, Assessed Value $ 7,248,000 MOVED: Councilman Lesser SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175d Eastwood Commons Lighting District: Tax Year 2003, Assessed Value $ 6,157,200 MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell n VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175e Clover Lane Lighting District: Tax Year 2003, Assessed Value $ 1,359,600 MOVED: Councilwoman Russell SECONDED: Supervisor Valentino VOTE: Supen/isor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175f Winners Circle Lighting District: Tax Year 2003, Assessed Value $ 1,633,000 MOVED: Supervisor Valentino SECONDED: Councilman Niederkom VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. 16 November 7,2002 Town Board Meeting Approved December 9,2002 TB RESOLUTION NO. 2002-175g Burleigh Drive Lighting District: Tax Year 2003, Based upon Road Frontage - 3,721.10 MOVED: Councilman Niederkom SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175h West Haven Road Lighting District: Tax Year 2003, Based upon Number of Units - 7,010.00 MOVED: Councilman Burbank SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175i Coddington Road Lighting District: Tax Year 2003, Based Upon Number of Units - 7,368.00 MOVED: Councilman Lesser SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-1751 Water Improvement Benefit District: Units Available & Connected - 7,363.79 Per Unit Charge (Benefit Assessment) $ 54.00 MOVED: Councilwoman Grigorov SECONDED: Councilwoman Russell 17 November 7, 2002 Town Board Meeting ^ Approved December 9,2002 \ VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councllwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, ^ aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-175k Sewer Improvement Benefit District: Units Available & Connected - 6,966.38 Per Unit Charge (Benefit Assessment) $ 75.00 MOVED: Councilwoman Russell SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. Supervisor Valentino closed the public hearings at 7:14 p.m. Agenda item No. 14 - Public Hearing to Consider Town of ithaca 2003 Preilminarv Budget as the 2003 Final Budget (Attachment #11 - Anaivsis of Transactions impacting Fund Balance) i Supervisor Valentino opened the public hearing at 7:15 p.m. There was no one present to comment and Supervisor Valentino closed the public hearing at 7:16 p.m. Supervisor Valentino reviewed with the Board an updated summary of the General Townwide, General Part Town, and Highway fund balances. Supervisor Valentino stated the only change from the Preliminary Budget to the Final Budget is the additional $600,000. bonding for the Public Works Facility. The budget has no tax Increase, no increase in benefit assessments, and no increase in the fire tax. In response to questions from Councilman Niederkom, Mr. Carvill explained the basis for determining a reasonable fund balance is based not on anticipated revenues, but on your budgeted expenditures. Historically, the Town has maintained that the lowest advisable fund balance is 20% of budgeted expenditures. The Budget before the Board has an aggregate fund balance (General Townwide, General Part Town, Highway combined) of 28%. Councilman Burbank asked that the Town continue in its efforts to present the budget in a manner that is easily understood by the general public. Councilman Lesser supported his request adding that what is probably needed is some sort of primer to help people ^ understand the municipal budgeting process and components. Councilwoman Russell questioned the money allocated for the Risk Retention Fund stating a j concern of Councilman Klein's that the fund is getting too high and we do not need to put 18 November 7, 2002 Town Board Meeting Approved December 9,2002 money In it for 2003. Supervisor Valentino stated the Town is looking at raising some of their ^ insurance deductibles and thereby lowering insurance rates. Supervisor Valentino did not feel the fund amount was too high, but stated the fund needs to be monitored so that it does not continue to grow mindlessly. TB RESOLUTION NO. 2002-176 - Adoption of the 2003 Town of Ithaca Final Budget WHEREAS, the properly advertised public hearing has been held to consider the adoption of the 2003 Preliminary Town of Ithaca Budget as the 2003 Town of Ithaca Final Budget; and WHEREAS, the Town Board has discussed and reviewed all modifications to the said budget as presented by the Town Supervisor and Budget Officer; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca hereby approves and adopts the 2003 Preliminary Town of Ithaca Budget, as presented by the Town Supervisor and Budget Officer, as the 2003 Town of Ithaca Final Budget. MOVED: Supervisor Valentino SECONDED: Gouncilwoman Russell ROLL CALL VOTE: Supervisor Valentino aye Gouncilwoman Russell aye Gouncilwoman Grigorov aye Councilman Lesser aye Councilman Burbank aye Councilman Niederkorn aye Motion Carried Unanimously. Agenda Item No. 16 - Public Hearing to Consider 2003 Southern Cavuqa Lake intermunicipal Water Commission Preliminary Budget as the 2003 Southern Cavuqa Lake Intermunlcipal Water Commission Final Budget Supenrisor Valentino opened the public hearing at 7:30 p.m. There was no one present to comment and Supervisor Valentino closed the public hearing at 7:40 p.m. ^ Agenda Item No, 17 - Consider Adoption of the 2003 Southern Cavuqa Lake Intermunicipal Water Commission Preliminarv Budget as the 2003 Southern Cavuqa Lake Intermunicipai Water Commission Final Budget 19 November 7, 2002 Town Board Meeting I Approved December 9,2002 , TB RESOLUTION NO. 2002 177 - Adoption of Preliminary 2003 Southern Cavuqa Lake Intermunicipal Water Commission Budget as the Finai 2003 Southern Cavuaa Lake O Intermunicipal Water Commission Budget WHEREAS, the properly advertised public hearing has been held to consider the adoption of the Preliminary 2003 Southem Cayuga Lake Intermunicipal Water Commission Budget as the Final 2003 Southem Cayuga Lake intermunicipal Water Commission Budget; now, therefore, be It RESOLVED, that the Town Board of the Town of Ithaca does hereby adopt the Preliminary 2003 Southem Cayuga Lake Intermunicipal Water Commission Budget as the Final 2003 Cayuga Lake Intermunicipal Water Commission Budget. MOVED: Supervisor Valentino SECONDED:Councllman Lesser ROLL CALL VOTE: nnunnilwom;3n Russell eve r Supervisor Valentino aye Councllwoman Russell aye Councllwoman Grigorov aye Councilman Lesser aye Councilman Burbank aye Councilman NIederkom aye Motion carried unanimously. Agenda Item No. 13 - Consider Approval of the Cellular Tower Leases Subiect to Permissive Referendum TB RESOLUTION NO. 2002-178 - Resolution Authorizing the Execution of an Agreement with Independent Wireless One for Installation of Telecommunications Antennae on the Christopher Lane Water Tank WHEREAS, the Town of Ithaca has agreed In concept to the installation by Independent Wireless One Leased Realty Corporation ("Independent Wireless") of several telecommunications antennae on the Christopher Lane Water Tank, subject to the obtaining by Independent Wireless of the approvals of the Town's Planning Board and Board of Appeals; and WHEREAS, the Planning Board and Board of Appeals have both granted the necessary approvals for such installation; and 20 November 7,2002 Town Board Meeting Approved December 9,2002 WHEREAS, Independent Wireless and the Town have negotiated a proposed lease ^ for such installation, a copy of which has been submitted to the Town Board for review and consideration; and WHEREAS, it appears to be in the interests of the Town and its citizens to authorize such installation; NOW, THEREFORE, be it RESOLVED, that the Town of Ithaca hereby approves the proposed lease agreement with Independent Wireless for the installation of telecommunication towers on the Christopher Lane Water Tank in substantially the form submitted to the Board; and it is further RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and either hereby is, authorized to execute said lease agreement with Independent Wireless on behalf of the Town, with such minor modifications to the lease as the person executing the lease may approve with the advice and assistance of the Attorney for the Town; and it is further RESOLVED, that the execution of such lease by the Supervisor or Deputy Supervisor shall be due evidence of the approval of any modifications to the lease by such person; and it is further RESOLVED, that pursuant to Town Law Section 64(2) this resolution is subject to a permissive referendum in accordance with Article 7 of the Town Law, and the Town Clerk is directed to publish and post a notice of adoption of this resolution, within ten days of its adoption, together with a copy or an abstract of the resolution and a notice stating it is subject to a permissive referendum. MOVED: Councilwoman Grigorov SECONDEDiCouncilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. Motion carried unanimously. ^ TB RESOLUTION NO. 2002-179 - Resolution Ratifying the Execution of an Agreement with Nextel for Installation of Telecommunications Antennae on the Saosucker Woods Road Water Tank. 21 November 7,2002 Town Board Meeting r Approved December 9, 2002 WHEREAS, the Town of Ithaca has agreed to the installation by Nextel Partners, Inc. ("Nextel") of several telecommunications antennae on the Sapsucker Woods Road Water Tank and the Town Supervisor has, as authorized by the Town Board, executed a lease with Nextel for such purpose; NOW, THEREFORE, be it RESOLVED, that the Town of Ithaca hereby confirms the authorization for the installation of telecommunication antennae on the Sapsucker Woods Road Water Tank and hereby ratifies the execution of a lease with Nextel for such purpose; and it is further RESOLVED, that pursuant to Town Law Section 64(2) this resolution is subject to a permissive referendum in accordance with Article 7 of the Town Law, and the Town Clerk is directed to publish and post a notice of adoption of this resolution, within ten days of its adoption, together with a copy or an abstract of the resolution and a notice stating it is subject to a permissive referendum. MOVED: Supervisor Valentino n SECONDED: Councilman Niederkorn .1 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Motion carried unanimously. Agenda Item No. 18 - Public Hearing for "A Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Propertv Owned by Persons with Limited Incomes Who are 65 Years of Age or Over" (Attachment #5 - Local Law. SEQR, and Public Notice) Supen/isor Valentino opened the public hearing at 7:45 p.m. There was no one present to comment and Supervisor Valentino closed the public hearing at 7:46 p.m. TB RESOLUTION NO. 2002-180 - SEQR: Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned bv Persons with Limited Incomes Who are 65 Years of Aae or Older WHEREAS, this action is the enactment of a local law increasing the income ^ limitations for the partial tax exemption for real property owned by persons with limited incomes who are 65 years of age or older; and 22 November 7,2002 Town Board Meeting Approved December 9,2002 WHEREAS, said proposed local law would incorporate the new income limits in Real Property Tax Law Section 467 amended by the New York State Legislature; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws; and WHEREAS, the Town Board, at a public hearing held on November 7, 2002, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED; Councilman Lesser SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-181 - Resolution Adopting "A LOCAL LAW INCREASING THE INCOME UMITAT!ONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on November 7, 2002 at 7:45 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER"; 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 23 November?, 2002 Town Board Meeting n Approved December 9,2002 | WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article ^ 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER", 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. r MOVED: Supervisor Valentino SECONDED:Councilman Niederkorn Additional Agenda Item No. 1 - Consider Appointment of Mary Russell and Fred Wlicox ill to the Tompklns Countv Municipal Officers Planning Committee (Attachment #7 - Letter from Doug Austic, Letter from Ed Marxl Supervisor Valentino recommended and the Board discussed an amendment to the proposed resolution offering the technical assistance of the Town Planning Department to the Municipal Officers Planning Committee. Councilwoman Russell expressed concem and asked what would happen if the commitment started taking a great deal of Town staff's time. Discussion was interrupted to open a public hearing. Agenda Item No. 21 - Public Hearing for "A Local Law Increasing the income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Disabilities" (Attachment #8 - Local Law. SEQR, Pubiic Notice) Supervisor Valentino opened the public hearing at 7:50 p.m. There was no one present to comment and Supervisor Valentino closed the public hearing at 7:51 p.m. TB RESOLUTION NO. 2002-182 - SEQR: Local Law Increasing the Income Limitations ^ for the Partial Tax Exemption for Real Property Owned bv Persons with Disabilities 24 November 7, 2002 Town Board Meeting Approved December 9, 2002 WHEREAS, this action is the enactment of a local law increasing the income limitations for the partial tax exemption for real property owned by persons with disabilities and limited income; and WHEREAS, said proposed local law would incorporate the new income limits in Real Property Tax Law Section 459-C amended by the New York State Legislature; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the enactment of local laws; and WHEREAS, the Town Board, at a public hearing held on November 7, 2002, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act-for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Gouncilwoman Grigorov SECONDED: Councilman Niederkom VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO, 2002-183 - Resolution Adopting "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on November 7, 2002 at 7:50 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Joumal; and 25 November 7,2002 Town Board Meeting Approved December 9,2002 WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties In attendance were permitted an opportunity to speak on behalf of or In opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) It has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR, NOW, THEREFORE, be It RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES", 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. n MOVED: Councllwoman Russell | SECONDED: Councilman NIederkom Roll Call VOTE: Supervisor Valentino aye Councllwoman Russell aye Councllwoman Grigorov aye Councilman Lesser aye Councilman Burbank aye Councilman NIederkom aye Motion carried unanimously. Agenda Item No. 24 - Public Hearing for "A Local Law Authorizing Automatic Renewal of Senior Citizens Real Propertv Tax Exemption" Supervisor Valentino opened the public hearing at 7:55. There was no one present to comment and Supervisor Valentino closed the public hearing at 7:56. Supervisor Valentino stated the Town had received a call from Tompklns County Assessment asking that the Board not pass this resolution. She stated she was told It would will create more paper work and bookkeeping than the current process. The City has pulled It. 26 mmt November 7,2002 Town Board Meeting Approved December 9,2002 TB RESOLUTION NO. 2002-184 - Withdraw Proposed Local Law Authorizing Automatic ^ Renewal of Senior Citizens Real Property Tax Exemption RESOLVED that the Town Board of the Town of Ithaca withdraws the proposed Local Law Authorizing Automatic Renewal of Senior Citizens Real Property Tax Exemption. MOVED: Supervisor Valentino SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, absent; Councilman Niederkom, aye. The motion was carried. Additional Agenda Item No. 1 (continued) - Consider Appointment of Marv Russell and Fred Wilcox III to the Tomokins County Municipal Officers Planning Committee The Board further discussed how to amend the proposed resolution. Councilman Niederkom stated he thought the Supen/isor and Mr. Kanter would know when the commitment became burdensome. The amendment should enable them to draw that limit. Councilwoman Russell asked that the wording not obligate the Town to provide technical assistance to the point that it interfered with Planning Department duties. TB RESOLUTION NO. 2002-185 - APPOINTMENT TO TOMPKINS COUNTY MUNICIPAL OFFICERS' PLANNING COMMITTEE WHEREAS, the Tompkins County Municipal Officials Association has formed a Planning Advisory Committee to advise the County Board on issues affecting the municipalities and to provide help in developing the County's Comprehensive Plan, and WHEREAS, each municipality will have two representatives on the committee, NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Town Board hereby appoints Mary Russell and Fred Wilcox III as Town of Ithaca Representatives to the Tompkins County Municipal Officials Planning Committee, and be it FURTHER RESOLVED, that the Town Board offers the technicai assistance of the Town of Ithaca Planning Department to the TCMO's Planning Advisory Committee, and hereby designates Jonathan Kanter, Director of Planning, or his designee, as a technical advisor to the TCMO Planning Advisory Committee to serve at the pleasure of the Town Supervisor. 27 November 7,2002 Town Board Meeting Annrni/aH Danomhor Q OHHOApproved December 9, 2002 MOVED: Councilman Nlederkorn SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. Agenda Item No, 29 - Public Hearing - Burns Road Watermain Extension Supervisor Valentino opened the public hearing at 8:05 p.m. There was no one present to comment and Supervisor Valentino closed the public hearing at 8:06 p.m. TB RESOLUTION NO. 2002-186 n SEQR DETERMINATION. BURNS ROAD WATER MAIN EXTENSION WHEREAS, the proposed action Is the authorization and Installation of approximately 1800 feet of a new eight Inch diameter water main, located on the west end of Burns Road and connected to the existing water main on Coddlngton Road; and WHEREAS, this Is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617.4(b)(8), and Town of Ithaca Local Law No. 5 of the Year 1988 Providing for Environmental Review of Actions In the Town of Ithaca, since this Involves a non-agricultural use occurring wholly or partially within County Agricultural District No. 1; and WHEREAS, the Town Board, at Its meeting of July 29, 2002, declared its Intent to act as lead agency to coordinate the environmental review of the proposed project and related actions as described above, and circulated a notice of Intent to serve as lead agency to involved and Interested agencies; and WHEREAS, the Town Board prepared and filed Preliminary and Final Notices of Intent regarding the proposed action with the New York State Commissioner of Agriculture and Markets, pursuant to the requirements of Section 305(4) of the Agriculture and Markets Law, the Commissioner of Agriculture and Markets determined In a letter dated October 15, 2002, that the proposed action would not have an unreasonably adverse effect on the continuing viability of farm enterprises within Agricultural District No. 1, and the Town of Ithaca has certified, in a letter dated October 22, 2002, that It has made an explicit finding that the requirements of Section 305(4) of the Agriculture and Markets Law have been met In regard to the above-referenced action, and that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impacts revealed In . the Notice of Intent process will be minimized or avoided; and 28 November 7,2002 Town Board Meeting Approved December 9,2002 WHEREAS, the Town Board, at a public hearing held on November 7, 2002, has ^ reviewed and accepted as adequate the Full Environmental Assessment Form, Parts I and II for this action; RESOLVED, that the Town of Ithaca Town Board, having received no objections from other involved agencies, hereby establishes itself as Lead Agency to coordinate the environmental review of the above-described action; and FURTHER RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act and Local Law No. 5 of the Year 1988 Providing for Environmental Review in the Town of Ithaca, for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. A notice of this determination will be duly filed and published pursuant to the provisions of 6NYCRR Part 617.12. MOVED: Councilwoman Grigorov SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. Motion carried unanimously. TB RESOLUTiON NO, 2002-187 - Burns Road Public Interest Order At a meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in the City of Ithaca, New York, on the 7th day of November, 2002, at 5:30 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councllperson Carolyn Grigorov Councilperson William Lesser ^ Councilperson Thomas Niederkom Councilperson Will Burbank ABSENT: Councilperson David Klein 29 November 7, 2002 Town Board Meeting Approved December 9, 2002 In the Matter of the Proposed Water Improvement In the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-0 of the Town Law to be known as the Town of Ithaca 2002 Burns Road Water System Improvement PUBLIC INTEREST ORDER WHEREAS, a plan, report and map has been duly prepared In such manner and In such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, 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 2002 Burns Road Water System 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 r* WHEREAS, said plan, report and map have been prepared by Daniel Walker, P.E., the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public Inspection, and WHEREAS, the area of said Town determined to be benefltted by said Town of Ithaca 2002 Bums Road Water System Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed Town of Ithaca 2002 Burns Road Water System 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 map, plan and report presently on file In the Office of the Town Clerk: Construction and installation of approximately 1800 feet of 8" ductile Iron pipe water main on Burns Road connected to the existing water main on Coddlngton Road together with related ancillary controls, service laterals, and other structures. WHEREAS, the original maximum proposed to be expended by the Town of Ithaca for the aforesaid Improvement was $110,000.00, and the proposed method of financing to be ^ employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefltted Area; and p. 30 November 7, 2002 Town Board Meeting Approved December 9,2002 WHEREAS, said report was amended to allow for increased estimates based upon ^ recent contract bids received by the Town for other projects, and to allow for a contingency, making the total maximum now proposed to be expended by the Town of Ithaca for the aforesaid improvement $145,000.00; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on October 17, 2002, calling a public hearing upon said plan, report and map including an estimate of cost and the question of providing water improvements to be known as the Town of Ithaca 2002 Bums Road Water System Improvement, such public hearing having been scheduled for the 7th day of November, 2002, at 8:05 o'clock p.m.. Prevailing Time, at the Town Hall, 215 North Tioga Street, in the City of Ithaca, Tompkins County, New York, at which time and place all persons interested in the subject thereof could be heard conceming the same; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard conceming the same; and —^ WHEREAS, the area in which the improvement is intended to be located is in Tompkins County Agricultural District #1; and WHEREAS, a Final Notice of Intent relating to the project was filed with the NYS Department of Agriculture and Markets as required by law, and by letter dated October 15, 2002, the Commissioner of Agriculture and Markets advised that he had determined that "the proposed action would not have an unreasonably adverse effect on the continuing viability of farm enterprises within the district; or state environmental plans, policies and objectives" and accordingly, subject to the conditions in the letter from said Commissioner, the Town may proceed to authorize the proposed project; and WHEREAS, the construction of the proposed project has been determined to be a "Type I Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca, the implementation of which as proposed, the Town Board has determined, will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the improvement to be known as the Town of Ithaca 2002 Bums Road Water System Improvement; NOW, THEREFORE, BE IT 31 November 7, 2002 Town Board Meeting Approved December 9,2002 \ RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It Is hereby determined that It Is In the public Interest to make the water Improvement hereinafter described and such water Improvement Is hereby authorized. The proposed area hereby determined to be benefltted by said Town of Ithaca 2002 Burns Road Water System Improvement Is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The proposed Improvement shall consist of construction and Installation of approximately 1800 feet of 8" ductile Iron pipe water main on Bums Road connected to the existing water main on Coddington Road together with related ancillary controls, service laterals, and other structures. Section 3. It Is hereby determined that the estimated expense of the aforesaid Improvement does not exceed 1/10th of 1% of the full valuation of the taxable real property in the area of said Town outside of Villages and, therefore. In accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement. ^ Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk Is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption In the Office of the Clerk of the County of Tompkins, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board In relation to the aforesaid Improvement. Section 6. This order Is adopted subject to permissive referendum. The question of adoption of the foregoing resolution was, upon motion made by Councilman NIederkom, and seconded by Councllwoman Russell , duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye Councllperson Russell Voting aye Councllperson Grigorov Voting aye Councllperson Lesser Voting aye Councllperson NIederkom Voting aye Councllperson Burbank Voting aye The resolution was thereupon declared duly adopted. 32 November 7,2002 Town Board Meeting Approved December 9,2002 TB RESOLUTION NO. 2002-188 - AUTHORIZING THE BIDDING FOR THE TOWN OF ITHACA 2002 BURNS ROAD WATER SYSTEM IMPROVEMENT WHEREAS, plans, specifications and bid documents have been duly prepared relating to the construction of water system improvements known and identified as the Town of Ithaca 2002 Bums Road Water System Improvement (hereinafter also referred to as "improvement") by Daniel Walker, P.E., the Town Engineer, a competent engineer duly licensed by the State of New York, which plans, specifications and related documents have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the Town Board has, by public interest order adopted November 7, 2002, authorized the construction of such improvement, subject to the possibility of a permissive referendum; and WHEREAS, the Town would like to have the improvement constructed during this (the 2002) building season because of the desperate need for the water project by residents of the Bums Road area; and WHEREAS, to expedite the construction process the Town Board wishes to begin the bidding process, realizing that if a permissive referendum were requested no bids for this construction could be formally accepted until the outcome of the referendum was known; NOW, THEREFORE, be it RESOLVED, that the plans, specifications, and related documents for the construction of the Town of Ithaca 2002 Bums Road Water System Improvement prepared by Daniel Walker, P.E. Director of Engineering for the Town of Ithaca, are hereby approved; and it is further RESOLVED, that the Director of Engineering be authorized to advertise for, and solicit bids for, the construction of such improvement provided, however, that no bid for such construction shall be accepted until (a) thirty days have elapsed from November 7, 2002, and (b) the adoption of the public interest order authorizing such improvement has been duly posted and advertised, and (c) no petition requesting a referendum on the adoption of said public interest order has been received during such 30-day period. MOVED: Councilman Lesser SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. Motion carried unanimously. 33 November 7, 2002 Town Board Meeting i Approved December 9,2002 Agenda Item No. 32 - Consider Approval of Creation of Capital Project Fund for Burns ^ Road Watermain Extension Tabled until the December 9, 2002 meeting. Agenda item No. 33 - Public Hearing - Cable Franchise Agreement Tom Doheny of Time Warner distributed copies of the final version of the franchise agreement. Final reviews by Attomey Bamey and Dave Tower of Cayuga Heights picked up a couple minor typographical errors that should be correct in the final version provided by Mr. Doheny. The only substantive change is the definition of streets on page 3, which has been narrowed from the previous version. The new version basically limits the franchise to rights of way within and belonging to the municipality and made available generally to multiple users for commercial purposes. Mr. Bamey explained his initial concem stating the Town has a number of rights of way for water, sewer, South Hill Trail, bike paths and he does not think the intention was to give a franchise where a cable could be laid in the middle of the South Hill Trail. Supervisor Valentino opened the public hearing at 8:20 p.m. ^ Councilman Burbank asked about the ability, under the proposed contract, for a free-standing community group to come together to operate the public access portion of the cable programming. Mr. Doheny stated that, around the country, rather than the cable system operating these public access facilities non-profit organizations are set up to do this. Mr. Doheny stated that Time Wamer has always been open to that, but he was unsure whether the proposed agreement obligates Time Warner to operate the facility. Mr. Doheny stated he thought that at any point the Town could amend the franchise and he felt if that kind of an issue developed he doubted Time Warner would have any problem with it. Attomey Bamey stated that, as the agreement is currently set up, if a group came along now and wanted to insist on that right it would require an amendment of the franchise agreement. TB RESOLUTION NO. 2002-189 - RATIFYING THE EXECUTION OF AN AGREEMENT WITH TIME WARNER CABLE FOR A FRANCHISE FOR THE USE OF TOWN FACILITIES FOR A CABLE TELEVISION SYSTEM WHEREAS, the Town of Ithaca has negotiated extensively with Time Wamer Entertainment-Advance/Newhouse Partnership ("Time Wamer") for the use of the Town's road rights of way in connection with installation and operation of a Cable Television System ^ in the Town; and WHEREAS, a copy of the proposed franchise agreement between the Town and Time j Warner has been presented to this Board; and 34 November 7,2002 Town Board Meeting Approved December 9,2002 WHEREAS, a public hearing was duly called and held on said franchise agreement before the Town Board on November 7, 2002, at which time all persons who wished to do so were given an opportunity to be heard on the proposed terms of the agreement; and WHEREAS, the Town Board has considered the proposed agreement, the comments of the representative of Time Warner, and the comments of the public regarding the proposed agreement; and WHEREAS, the Town Supen/isor who has been most immediately involved in the extensive negotiations recommends the approval of the proposed agreement; and WHEREAS, the granting of said franchise and the execution of the franchise agreement has been determined to be an "Unlisted Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca, the implementation of which as proposed, the Town Board has determined, will not result in any significant environmental effects; NOW, THEREFORE, be it RESOLVED, that the Town of Ithaca hereby approves the proposed franchise agreement with Time Wamer for the construction, maintenance and expansion of a Cable Television Service utilizing, in part, the street rights of way owned or occupied by the Town of Ithaca, such agreement to be in substantially the form submitted to the Board; and it is further RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and either hereby is, authorized to execute said lease agreement with Time Warner on behalf of the Town, with such minor modifications to the agreement as the person executing the agreement may approve with the advice and assistance of the Attorney for the Town; and it is further RESOLVED, that the execution of such agreement by the Supervisor or Deputy Supen/isor shall be due evidence of the approval of any modifications to the agreement by such person; and it is further RESOLVED, that this authorization is pursuant to Town Law Section 64(7). Moved: Supervisor Valentino Seconded: Councilwoman Russell 35 November 7,2002 Town Board Meeting { Approved December 9,2002 | I VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilman Niederkorn, aye. Councilman Lesser not present for the vote. Motion Carried. Additional Agenda Item No. 2 - Consider Resolution to the New York State Leqisiature and Association of Towns Regarding Medicaid Costs (Attachment #10 - Letter from Don Barber) Supervisor Valentino presented a resolution from Don Barber, Supervisor of the Town of Caroline, regarding Medicaid costs. TB RESOLUTION NO. 2002-190 - Request the NYS Leqisiature Cap Propertv Tax Support of Medicaid WHEREAS, property tax is a regressive revenue source because it is not based on the ability to pay, and n WHEREAS, County, Town, Village, City, and school districts use property tax as their main revenue source, and WHEREAS, the NYS Legislature is indirectly using the property tax as a revenue source when it mandates that Counties pick up half of NYS's Medicaid costs, and WHEREAS, the NYS Legislature, in 2002, unilaterally added to the services covered by the Medicaid program without the consent of County governments which pay one quarter of the Medicaid tab, and WHEREAS, Medicaid costs are increasing at a much faster rate than the growth of property tax base, and WHEREAS, this rapid, uncontrolled increase in Medicaid cost results in Counties having to choose between reduced appropriations for programs that are their basic responsibility or raise property taxes at double digit percentage rates while decreasing services, and WHEREAS, Towns, Villages, and Cities are having to pick up some of the cost of the reduced services with their budgets which puts even more pressure on the property tax burden, NOW, THEREFORE, BE IT RESOLVED THAT: 36 November 7,2002 Town Board Meeting Approved December 9,2002 The Town of Ithaca requests that the NYS Legislature cap property tax support of ^ Medicaid payments at a maximum of 2002 levels and preferably remove this burden entirely from the property tax, and BE IT FURTHER RESOLVED THAT: The Town of Ithaca urges the NYS Association of Towns to add this to the list of Resolutions to be considered at the 2003 Annual Meeting, and BE IT FURTHER RESOLVED THAT: The Town Clerk is directed to send a certified copy of this resolution to our representatives in Albany (Assemblyperson, Senator, and Govemor) and to Jeffrey Haber, Executive Director of the Association of Towns. MOVED: Councilwoman Russell SECONDED:Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, absent; Councilman Niederkorn, aye. The motion was carried. Agenda Item No, 39 - Reports of Town Officials fAttachment #12 - Monthiv Reports) Human Resources Manager Ms. Drake reported that she would be doing some negotiating regarding dental premiums. She will be meeting with employees to discuss a rate increase and some options for reducing that increase. Attorney for the Town of Ithaca Attorney Bamey reported that he had received the decision from the appellate division in the Bostwick Road litigation. They did what he was afraid they were going to do based on the tenor of the questioning when he was there. The appellate division declined to discuss the merits of the case; they rendered their decision on the basis that the case was moot because the building was substantially constructed. Agenda item No. 38 - Reports of Town Committees Transportation Committee 37 November 7, 2002 Town Board Meeting Approved Decembers, 2002 Councilman Lesser reported that the Transportation Committee would be meeting with the Sheriff in two weeks. ' O There will be a public report on the NEST Study at the County Library on the 18®^ at 6:30 p.m. There are some aspects of the consultants' proposal that could have beneficial impacts on the Town. One is the suggestion to use the Bethel Road Church on 79 as a Park and Ride Lot. The second aspect is an express bus from a mini transfer station at Pyramid Mall to the Cornell Campus. Agenda Item No. 41 - Consider Executive Session to Discuss a Personnel Matter and to Consider Final Agricultural Conservation Easement (Attachment #13 - SEQR> On motion by Councilwoman Russell, seconded by Councilman Lesser, the Board moved into Executive Session at 8:50 p.m. to discuss a personnel matter, to discuss a conservation easement acquisition, and to discuss litigation. Motion carried unanimously. On motion by Councilman Lesser, seconded by Councilman Burbank, the Board retumed to regular session at 9:34 p.m. TB RESOLUTION NO. 2002-191 - SEQR: Ferguson - Purchase Agricuiturai Conservation Easement on 40.34 acres on Sheffield Road ! WHEREAS, the Town of Ithaca will be purchasing an Agricultural Conservation Easement on 40.34 acres on Town of Ithaca Tax Parcel No. 28-1-1.3, Sheffield Road, owned by Gary and Lisa Ferguson, through the Town of Ithaca Agricultural Land Preservation Program; and WHEREAS, this Is an unlisted action for which the Town of Ithaca Town Board is legislatively determined to act as Lead Agency in environmental review with respect to the purchase of the easement; and WHEREAS, the Town Board, on November 7, 2002, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilman Niederkorn 38 November 7,2002 Town Board Meeting Approved December 9,2002 SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkom, aye. The motion was carried unanimously. TB RESOLUTION NO. 2002-192 - Authorizing The Execution Of An Agricultural Conservation Easement Agreement With Gary And Lisa Ferguson For A Conservation Easement On Property On Sheffield Road, ithaca. New York WHEREAS, the Town of Ithaca has in place a program for the acquisition of agricultural conservation easements for the purposes of preserving suitable lands for conservation and agricultural use; and WHEREAS, the Town of Ithaca has negotiated extensively with Lisa and Gary Ferguson for such an easement on approximately forty acres of their land located on Sheffield Road in the Town of Ithaca (the "Conservation Easemenf); and WHEREAS, a copy of the proposed Conservation Easement between the Town and Lisa and Gary Ferguson has been presented to this Board; and WHEREAS, the Town Board has considered the proposed easement; and WHEREAS, the Town Supervisor and Director of Planning who have been involved in the negotiations recommend the approval of the proposed easement; and WHEREAS, the acquisition of said agricultural conservation easement has been determined to be an "Unlisted Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca, the implementation of which as proposed, the Town Board has determined, will not result in any significant adverse environmental effects; NOW, THEREFORE, be it RESOLVED, that the Town of Ithaca hereby approves the proposed Conservation Easement agreement with Gary and Lisa Ferguson for the granting of a conservation easement on approximately 40 acres of land on Sheffield Road in the Town of Ithaca, such agreement to be in substantially the form submitted to the Board; and it is further 39 November 7, 2002 Town Board Meeting i Approved December 9, 2002 RESOLVED, that the Town of Ithaca pay the Fergusons the sum of $71,000 for such easement upon closing the transfer, receipt of the executed deed of the easement, and O approval of the attorney for the Town of the title to such easement; and It Is further RESOLVED, that the Town pay the Incidental costs (recording fees, abstracting fees and other similar expenses) not anticipated to amount to more than and additional $1,000, as Incurred In order to effectuate such closing; and It Is further RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and either hereby Is, authorized to execute said Conservation Easement agreement on behalf of the Town, with such modifications to the agreement as the person executing the agreement may approve with the advice and assistance of the Director of Planning and the Attorney for the Town; and It Is further RESOLVED, that the execution of such agreement by the Supervisor or Deputy Supervisor shall be due evidence of the approval of any modifications to the agreement by such person. Moved: Councllwoman Russell Seconded: Councllwoman Grigorov ^ VOTE: Supervisor Valentino, aye; Councllwoman Russell, aye; Councllwoman Grigorov, | aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman NIederkorn, aye. Motion carried unanimously. Adiournment On motion by Councllwoman Russell, seconded by Councilman Burbank, the meeting was adjoumed at 9:47 p.m. Respectfully submitted. Tee-Ann Hunter Town Clerk Next Regular Meeting at December 9, 2002 40 TOWN OF ITHACA TOWN BOARD SIGN-IN SHEET DATE". Thursday, November 07, 2002 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE /P/JJA/rADDRESS/AFFILIATION 7D Co o ?v th^SE. Eu f D-S 03 /^UdhstcfTt; ^u-e. ~ /icz-Pia c C~cr ( ^.3G ^ )P)d . 't- ^ c (■ 111 SOCj. I ■ST (lOjJ dCZi.// HE Roa-t \o< fLo ft r S-r ":7yr7\^cAY^ >5 ■FT ^.1^0 CcP^Ac,iL,rA^ (^f<cX-L t.4^/5 2^0^) 1,/^r i/uAFNEA-^ '^TAit ?r f s TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County. New York 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: LEGAL ADVERTISEMENT: NOTICE OF PUBLIC HEARING TO ADOPT THE TOWN OF ITHACA 2003 PRELIMINARY BUDGET AS THE TOWN OF ITHACA 2003 FINAL BUDGET Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: FRIDAY, OCTOBER 25, 2002 Date of Publication: FRIDAY, OCTOBER 25, 2002 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 25^^ day of October, 2002. Notary Public C ^ -• CARRIE WHITMORE ^ Notary Public, State of New York r No. 01WH6052a77 :: \ _ ^ Tioga County -Commission Expires December •''•'Z.Z." TOWN OF ITHACA NOTICE OF PUBUC HEARING PRELIMINARY BUDGET NOTICE IS HEREBY GIVEN, fhat the preliminary Budget of the Town of Ithoco for me fiscd yeor begirining Jonuory 1, 2D03, has been completed and filed in Ihe Office of the Town Clerk of soid Town ot 215 North Tiogo Street, tthaco, New York, where it is available for inspection by any interested persons during normol business hours, Mon- doy through Fridoy, 8:00 o.m, to 4:00 p.m.; end FURTHER NOTICE IS HEREBY GIVEN, thot the Town Board of the Town of Ithaca will meet and review said Preliminary Budget ond hold a public hearing thereon at the Town Hall ot 7:15p,m. on the 7th day of November 2002, ond that at such hearing ony per son moy be heard in favor of or against ony item or items therein contained; ond PURSUANT to Section 10 of the Town Low, the pro posed salaries of the follow ing Town Officers are hereby specified; Town Supervisor $33,700.00 - Town Councilperson (6) $ 7,350.00 OTch Town Justices (2) $14,050.00 each FURTHER NOTICE IS HEREBY GIVEN, individuals with visual impairments, hearing impairments or other specid needs, will be provided with assistance as necessary, upon request. Persons desir ing assistance must make a request not less than 48 hours prior to the time of tlie public hearing. tee-Ann Hunter town Clerk October 25, 2002 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT:NOTICE OF PUBLIC HEARING REGARDING AMENDING THE TRAFFIC ORDINANCE TO ADD 3 STOP SIGNS AT THE INTERSECTION OF ROAT STREET AND ORCHARD STREET. Location of Sign Board Used for Posting:Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Date of Publication: FRIDAY, OCTOBER 25, 2002 FRIDAY, OCTOBER 25, 2002 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Tee-Ann Hunter, Town Clerk, Town of Ithaca Sworn to and subscribed before me this 25^^ day of October, 2002 V, • /, Notary Public CARRIE VVHITMUilc Notary Public, State of New York No, 0lWH3052a77 Tioga County Commission Expires December 26, TOWN OF (THACA NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY GIVEN that 0 pobiic hear ing will be held before the Town Board of the Town of Ithoca at 2!5 North Tioga Street, Ithaca, New York, on the 7th day of November 2002 at 6:30 p.m. to con sider Amending the Troffic Ordinance to Add 3 Stop Signs at the Intersection of Root Street and Orchord Street. At such time and place all persons shall be afforded the opportunity to voice their approval or op position to said amendment. Copies of the proposed amendment ore available for review of the Town Clerk's office during regular office hours; and FURTHER NOTICE IS HEREBY GIVEN that individuals with visuol or ^ ^ hearing impoirments or other speciol needs will be provided with ossistonce as necessory, upon request. Persons desiring assistance must moke o request to tfre Town Cleric not less thon 48 hours prior to the time of the public hearing. Tee-Ann Hunter Town Clerk October 25, 2002 A 0 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT:ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT TO BE KNOWN AS THE TOWN OF ITHACA 2002 BURNS ROAD WATER SYSTEM IMPROVEMENT PROJECT IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW. Location of Sign Board Used for Posting:Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Date of Publication: FRIDAY, OCTOBER 25, 2002 FRIDAY, OCTOBER 25, 2002 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) \( Tee-Ann Hunter, Town Clerk, Town of Ithaca Sworn to and subscribed before me this 25^*^ day of October, 2002 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County Commission Expires December 26k .V. vV * ^ - 77 5 — • ^5 — C %-5- ORDER FOR PUBLIC HEARING !N THE MAHER OF THE PROVIDING OF A PRa POSED WATER IM PROVEMENT TO BE KNOWN AS THE TOWN OF ITHACA 2002 BURNS ROAD WATER SYSTEM IM PROVEMENT PROJECT IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW VORK PURSUANT TO ARTl- jClf 12-C OF THE TOWN AW. At 0 Special Meeting of the Town Board of the Town of thoca, Tompkins Count/, Hew York, held at Horth Tioga Street, in thaca, New York, on the 17lh day of October, 2002, ol 5:00 o'clock P.M. PrevaiP no Time. PffiSENT: Supervisor Catherine Valentino Zouncilperson Mary Russell louncilperson David Klein 2ouncilperson Corblyn 3rigorov 2ouncilperson Williotn esser 2ouncilperson Thomas Hiederkorn Councilperson Will Burbonk ABSENP None. WHEREAS, a plan, report and mop has been duly pre- pored in such manner and n such detail as heretofore 1QS been determined by the Town Boord of the Town of thaco, Tompkins County, Hew York, reloting to the creation ond construcHon, pursuant to Article 12-C of he Town Law of water sys- em improvements to oe mown and identified as the Town of llhoco 2002 Burns load Wafer System im provement, ond hereinafter also referred to as 'Im- srovement", to provide such MOter improvement induci ng extensions, to the jresent Town water im- >rovemenl, such water sys- em improvement to be coiv ilructed and owned by the Town of llhoco, and WHEREAS, said plan, re- 7ort and have been' >repared by Daniel Walker, '.E., the Town Engineer, a competent engineer duly II- rensed by the State of New York oncf were filed in the office of the Town Clerk where they were available or public inspection, ond WHEREAS, the orea of said [own determined to be benefited ^ sold Town of thoco 2002 Burns Rood Water System improvement :onsists of the entire oreo of loid Town excepting herefrom the area rontoined within the Village sf Cayugo Heights, and WHEREAS, the proposed Town of tthoco 2002 Burns Jood Water System Im- srovement consists the voter improvements set forth lelow, and in the areas of the Town os set forth below, > and as more oorticulariv n » t shown and described in said mop, plan ond report pres- enify on file in the Office of the Town Clerk: Construction ond instollotionof apsroximofeiy 1800 feet of 8 ductile iron pipe water moin on Burns Road con nected to the existing water main on Coddington Rood tcwether with rdoled on- cinory controls, service laterals, and other structures; and WHEREAS, the originol maximum proposed to be expended by the Town of llhoco for the oforesoid im- Pfovement was$11^000.00 and the proposed method of financing to be employed by said Town of Ifhoco consists of expenditure of current rev enues and surplus funds from the Town of Ithoco Woler System Benefited Area; ond WHEREAS, o public hearing wos held on the plan and report as so submitted on August 12, 2002; and WHEREAS since the hold ing of such public hearing the Town has received bi« on other projects which bids suggest that the original es- timote for the proposed project needed to be adjusted; and VVHEREAS, the Town En gineer has prepared and filed a revised report for the Project which onticipotes a moximum cost for the project of $145,000; ond WHEREAS, if is now desired to coll a public heoring for the purpose of considering said plan, revised report ond mop end the providing of said Town of Ithaca 2002 Burns Road Woter System Improvement, and to hear all persons interested in the sub- |«t thereof, oil in occor- dance with the provisions of Section 209-q of the Town Low; 7 / t NOVV. THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New_Yofk, OS follows: Section 1. A public hear ing will be held at 215 North Tiogo Street, in said Town, on the 7lh day of November, 2002, at 6:05 o'clock P.M. to consider the aforesaid plan, revised re port and mop and the ques tion of providing of said Town of Ithoco 2002 Burns Rood Water System Im provement and to hear all, persons interested in the sub- ipct thereof and concerning the some and to fake such action thereon as it is re quired by law. Section 2. The Town Clerk of the Town of l^oco, Tomp kins County, New Yoric, is hereby authorized ond directed to cause o copy of this order to be published.', once in The Ithaca Journal, ond also to post o cop) thereof on the Town sign board maintained by the Clerk, not less than ten noi more then twenty doys be fore the day designoled for the hearing as aforesaid, all in occordonce with the provisions of section 209-q of the Town Law. Section 3. This order sholl lake efiect immediately. The question of the odoption of the forgoing order was upon motion of Supervisor Valentino, seconded by Councilmon Lesser, duly put to 0 vole on o roll call, which resulted as follows: Supervisor Valentino Voting Aye. Councilperson Russell Voting Aye. Councilperson Klein Voting Aye. Councilperson Grigorov Voting Aye. Councilperson Lesser Voting Aye. Councilperson Neidedcorn Voting Aye. Councilperson Burbonk Voting Aye. The order wos thereupon de clared duly odopt^. Tee-Ann Hunter fown Clerk Pctober 25. 2002 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT:NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED CABLE FRANCHISE AGREEMENT Location of Sign Board Used for Posting:Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Date of Publication: FRIDAY, OCTOBER 25, 2002 FRIDAY, OCTOBER 25, 2002 \6P Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 25^^ day of October, 2002 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County Commission Expires December 2f . - y V* • Xv - ^ -S. i.- " . w » C TOWN OF ITHACA NOTICE OF PUBLIC HEARfNG NOTICE IS HEREBY GIVEN that a public hear ing will be held before the Town Board of the Town of ithoco at 215 North Tiogo Street, Ithaca, New York, on the 7th doy of November 2002 ot 8:20 p.m. rraord- ing the proposed Coble Franchise Agreerrienf. At that time, the Town Board wilt hear ony person either in favor of or against ariyr item or items ther,ein. contained. FURTHER NOTICE IS GIVEN thot individuals with visual or heoring impoir- ments or other special needs will be provided with assis tance as necessary, upon re quest. Persons desiring assisr tonce must make a request to the Town Clerk not less than 48 hours prior to the time of the public heoring. Tee-Ann Hunter, Town Clerk October 25, 2002 • n ^ n TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT: NOTICE OF PUBLIC HEARING TO ADOPT THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION (SCLIWC) 2003 PRELIMINARY BUDGET AS THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATERi COMMISSION (SCLIWC) 2003 FINAL BUDGET Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: FRIDAY, OCTOBER 25, 2002 Date of Publication: FRIDAY, OCTOBER 25, 2002 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) THSworn to and subscribed before me this 25 day of October, 2002. Notary Public CARRIE WHITMORE Notary Public, State No, 01WH6052877 Tioga County Commission Expires December 26,__ V -• TOWN OF ITHACA " NOTICE OF PUBLIC HEARING SOUTHERN CAYUGA UKE INTERMUNICIPAL WATER COMMISSION PRELIMINARY BUDGET NOTICE IS HEREBY GIVEN, that the Preliminary Budget of the Southern Coyugo Lake intermunicipaj Wofer Commission jSCliWC) for the fiscal year beginning January 1, 2663, been complete andhas filed in the Office of the Town Clerk of soid Town at 215 North Tioga Street, Ithaco, New York, where if is ovoiloble for inspection by ony interested persons dur' ing normol business hours, Monday through Friday, 8:00 a.m. to 4:00 p.m.; and FURTHER NOTICE IS^ HEREBY GIVEN, that the, Town Board of the Town o(. Ithoco will meet and review said Preliminary Budget and'' hold a public hearing' thereon at the Town Holl atJ 7:30 p.m. on the 7th day of' November 2002, ond ihot at such hearing any person; may be heord in favor of or* against ony item or items" therein contained; ond FURTHER NOTICE IS' HEREBY GIVEN,! individuols with visual; impairments, hearing;: impairments or other special; needs will be provided with ossistance as necessary,' upon request. Persons desir-i ing assistance must make a> request not less than 48k hours prior to the time of lhe» public heoring. ' jteei^nn Hunter t ^own Clerk[Odofaer 25, 2002 r\ I ) i'f * TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT: NOTICE OF PUBLIC HEARING TO CONSIDER THE 2003 ASSESSMENT ROLLS FOR SPECIAL BENEFIT DISTRICTS Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: FRIDAY, OCTOBER 25, 2002 ^ Date of Publication: FRIDAY, OCTOBER 25, 2002 Mn fL Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 25^*^ day of October, 2002. Notary Public V * n CARRIE WHITMORE Notary Public, State of New York ... No. 01WH6052877 r i r' Tioga County Commission Expires December ^ .-•"Vi'X .. .V . . • * . O - •- -V TOWN OF ITHACA NOTICE OF PUBUC HEARINGS NOTICE IS HEREBY GIVEN, that the Town Board or the Town of Ithaca will meet and hold Public Hearings for the consider ation dl the 2003 ASSESS MENT ROLLS FOR SPECIAL BENEFIT DISTRICTS thereon at the Town Hall. 215 Norlti Tlogo Sheet, Ithaca, New York on the 7lh day of November 2002 at the fol lowing times; 7:00 p.m. Forest Home Lighting District 7:01 p.m. Glenside Lightir^ District 7:02 p.m. Renwick Heights Lighting District 7:03 p.m. Eastwood Commons Lighting District 7:04 p.m. Clover Lone Lighting Dishict 7-05 p.m. Winners Circle Lighting District 7-06 p.m. Burleigh Drive Lighting District 7^)7 p.m. West Have Road Lighting District 7"b8 p.m. Coddington Road Lighting District 7:09 p.m. Woter Im provement Benefit District /:10 p.m. Sewer Im provement Benefit District FURTHER NOTICE IS HEREBY GIVEN, thot at such hearing any person may be heord in favor of or against said assessment rolls; end FURTHER NOTICE IS HEREBY GIVEN that individuals with visual impairments, hearing im|»irmetits or other special needs, will be provided with assislonce as necessory, upon request. Persons desir ing assistance must moke a request not less than 48 hours prior to the time of the fee-Ann Hunter Town Clerk October 25, 2002 '.1 n I n * ^ "T&UiV /l^/. /Aaoi 11/7/2002 Regular Meeting of the Ithaca Town Board Attachment #1 ^ aI{L^dftfiTlo^S - T^Ak-^V 07^/s» UJtTU TirJL. Csa^iSj^.r" / iA^tLScJA I \ ^ "TV 77^ /^€09-0r a:£>JS£u£^^^£>aj^ UJ iT^ S^^AA\/t,so^ V'^i-^jUf/A*^o *2- 7796^/^j^^ {'/^ (Pc^^z^e^ap^ ^<^03 ^c'tx^T' /7^/>tr>SA:^ jeoP&^tT" C^£.c.£7?/^o^ 77/£: 3 ^oScTTcfOSj (z ^y(^777!e ^CfCOOAJTC^-^^ -Ty^^'ST^/'tPS/TrCA) A&>A{ 72> /i7AS^£e77L ^ 77^^ S>^/7 Cb^tT^/TTZC /T^S /^£- /jOs7^7Z7> 77^ <2 A/^, 77oa7^j SitT^ ^i>ifc>77e>f/ y^ /^PTftSTkA/Tlki^££>^>£^77S AM^T/O^Di^Jj^^rry /^^jnn<JdL . -- 77f£,^AC' A'/7^£>f7£,0 7771:77£^sM/fCiO^ /T r7f£AJ UJSiOT Th ^/p' B'7Aie>y/^' " /&p^A7- A£Cc**^£Af0£i> cMa7a7€£-s CTTyTTZj^y^A^^ 7^A/c»o^^ig. \ ftSre,Jr' AA7l> £Ce?0£:>7'£{> 4a> APP/TTciO/^L ££ \7r£iO A/777£ Sry/47?7^f£./^ -7^^ &thaO lotLU ££C£i\7&. 777£. eJ^^S£P>jUA^iM££,y^A7C^7/^'^p&AP/A?A/l/C£. 7=^ <yu^ Tfcy^ers - 77^^73 7iA\)£ S£.£a7 4ajp Zi^/ApAA^ /^v/e^T7£>4j ScI££4U /5 U7-^i>£AxOAY ^ 77f/:y ^££ £aJAoA CfA/C, y/>Ajk,/A74^ ^£A^r££> A/£j£ y7/&£\y£^f77ciL) AA(VS ^ /A7CAOp//Vc> T/7£ OS£ £>7 y^AAk./A/^ 77£JUrs. CoVATy HAMA47CVS /7ATe0All:7 7Z4H - £/¥k>AJ^ CCAj7rA7U££7 A ££.G/04Jji^^ 7^/k:HiS£ ^^<S>AA7f £(j^l7i 77/£ C/ P'SS PA /7£'^iMdJ^C:>AnJWi>^&£jO£^A 4fi^7j77A^€d4 4 ^c/ziV^/vCs 73 A I^ArA<2^&££A7£trr^ AA£ ^7771. 7?£7££c>/ai:y7A>t7r: ^ C^SAdPZ - /}-^ 4 /^Jg5$'fcV'//>>^ 7/l7c^\iPi/i'Ay /yj 7y7-£L £5fy7^7Z. ^//U 677 Ai/SA^A^ 4AC> Bs^TikjUSiSiZ. Cou:&^jl -oToPe^T ^h&n€6f /aj TA-e. ^AsT y- 5oor^ /7/ll /US.(0ASc>i^Ap£>i>3^ 77hi^ ,S^rUJ7£4££JOS 7H£. /?ifA£tc SAdiTy A^£aJi:^£ci ioeA& ^Wl^67> AT/7fi^£Al£\JUS "f^ ADi>££S5 ^^5 7t> aU, OduZJiAS. Town Board Meeting 11/7/2002 ATTACHMENT #2 TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273-1656 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 or (607) 273-5854 ENGINEERING 273-1747 MEMORANDUM TO: Town Board Members FROM: Judith 0. Drake, PHR, Human Resources Manager DATE: October 29, 2002 SUBJECT: Personnel Manual The employees of Bolton Point and the Town have reviewed the manual. At the October 23, 2002 Personnel Committee meeting the issues raised were discussed. At the meeting there were two ^^^hanges recommended for the manual. 1 The changes recommended are to the 1) "Smoking Policy": wording change for clarification about when an employee can smoke in a vehicle (removed "or in ones own designated vehicle.") 2) "Personal Time": In place of use it or lose it scenario currently in practice, any time left December 31®' would be rolled into the employee's sick time. This policy would encourage employees to use time for personal appointments as needed, not to just use the time up so they don't lose time given to them. Currently most employees use it right up so that it isn't lost Sttime on December 31 This draft manual has been forwarded to Southern Cayuga Lake Intermunicipal Water Commission's Personnel Committee for review with the addition of the 2 recommended changes. The Personnel Committee recommends the Town Board approving the revisions to the Personnel Manual as written in the 9-12-02 Draft with the above changes. The revised manual would be in effect as of November 7, 2002, however. Vacation Buyback, and Health Insurance Buy Back would not be in effect until the 2003 fiscal year. Differences between 1997 Personnel Manual and 2002 Draft Personnel ManualDifference Title Change3AdditionMlCommission referenced in policies as they apply.ChangeIntroductionAdditional wording added to include SCLIWCAdditionCollective Bargaining AgreementExplains who is part of the unionAdditionSCLIWC HistoryGives history and mission statement of SCLIWCEmolovment Policies SectionAdditionAmericans With Disabilities ActAdditional descriptive language giving example of a reasonable accomodationChangeSexual HarrassmentAdditional descriptive languageAdditionViolence in the Workplacenew policyChangeStatement of SafetyRemoved Town's General Safety Rules, will be part of Safety ManualChangeAllowances for PREWas titled Safety Equipment and Training. Some wording changes. Added policy on paying for PRE.ChangeSmoking Policy/MIows smoking in vehicle when alone or with permission of others. Removed "or in ones own designatedvehicie" for ciarification purposes.ChangeDrug & Alcohol TestingPolicy/ProceduresMoved to end of document as an AppendixAdditionRecords Management & ElectronicMedia Useage PoliciesIncluded summary of the two policies in body of manual and then included actual documents as Appendix'sGeneral information SectionChangeHours of WorkUpdated hours of the different departments.ChangeHours of Work ^Compensatory TimeMaximum changed from 30 hours to 40 hours, fringes used are included in hours worked.AdditionHours of Work *Shift DifferentialDescribes Highway and BP's premium pay for working 2nd and 3rd shiftsChangeCall Back/ Call In TimeAdded BP's call in time and added clarification.AdditionHours of Work * On-Call PayDescribes BP's policy for being on call for nights and weekendsAdditionDate of HireNew policy that describes what happens when an employee moves from Temp to permanent or when anemployee terminates and retums, is given credit for all service time for benefit calculations.AdditionCivil Service ClassificationsDescriptive insert on the different classificationsAdditionFull Time EmploymentDescriptive insert 35 hours F/T, describes Permanent / Provisional AppointmentsChangePart Time EmploymentAdditional descriptive language, 35 or less hrs = P/T, 15+ hrs eligible fringesAdditionEmployment PhysicalsNew policy (BP only)ChangeProbationary Periodadditional descriptive language regarding provisional employeesChangeWagesTitle changed from "Salaries", additional descriptive languageAdditionStipendsNew policy (BP only)AdditionLongevityNew policy for Town and BPChangePay PeriodsDescription of Deferred Compensation Plan moved to Benefits Section10/30/02Differences 1997-2002.xclPage 1 Differences between 1997 Personnel Manual and 2002 Draft Personnel ManualDifferenceTitleChangeChangePaid Meal PeriodsWording changed to = 4/98 revision: 1/2 hr xtr pay @ 0/T vs. reimbursement for buying mealChangeAttendance at Sponsored FunctionsAdditional descriptive languageAdditionCoaching PolicyNew policyChangeDisciplinary PolicyAdditional descriptive languageChangeGrievance ProcedureChanged to BP'S policyEmolovee Benefits Section**Part time employees eligible at 17.5 hours per week versus the 18.75 hours.ChangeHolidays **Added: "Holiday Pay" policy description; clarified languageChangeVacation **Changed flow of wording with sections & New policy Vacation Buy Back PolicyChangeSickChanged flow of wording with sections & max accural to 165 days versus 120 + 15 xtra; sick = Days of SvcChangePersonal Time **Additional descriptive language. Added balance 12/31 will roll Into Sick Time Inplace of losing time.ChangeBereavement Leaveadded 1 day of leave for non-immediate family, addedd Domestic PartnerChangeFamily Medical Leave ActAdditional descriptive languageChangeNYS & Local Employee's RetirementSystemAdditional descriptive language, added 41 (J) service for unused sick time policy; description on vestingAddition457 Deferred Compensationmoved from "Pay Periods" in the General Information Section, new wordingAdditionLife and Accidental Death &Dismemberment (AD&D) InsuranceDescribes new benefitAdditionDisability InsuranceAdded description of new benefit Long Term Disability InsuranceChangeWorkers' Compensation InsuranceAddition descriptive language; added information on pay when out of work & transitional duty programChangeHealth and Dental InsuranceChanges made to premium share for part time employees and elected officials. Added new policy: HealthInsurance Buy Back, added more descriptive languageChangeRetiree's Benefit PlanAdded sections for easier reading. Changed: banked sick time and percentages appiy to poiicy, not justIndividual policy, Added: to %'s 30+ yrs of service at 25-75% cost shareMiscellaneous SectionChangeTraining and Travel Policy & ProceduresChanged flow of sections, added Appendix of resolutions, TB approval if over $200AdditionCollege Credit Courses PolicyNew policy allowing paying for credit coursesChangeEmployer VehiclesNew title, additional descriptive languageChangePersonal Use of Employer Equipmentand MaterialsNew title, additional descriptive language10/30A3Differences^c!3 Town. Board Meeting 11/7/2002 ATTACHMENT #3 Local Law Filing new yorkstate department of state^ ^ 41 STATE STREET. ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Coumy ■€§tr .f ITHACA Tbwn - Village.. Local Law No. ..7. of the year 20.P?. A local law . TM.Z.ONING.OI®TO (insert TtiU) ...Construct, A PAviLjpN, AND TO RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS Be It enacted by the .TQ\)^„RCIAR,D ofths. (NamtcfLtpiUtivBoJri * CuuHty ^ ©«y r ITHACA Ibwn as follows: T lllUgO SEE ATTACHED PAGES 1-3 DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 2002 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW TTHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Local Law No. 1 of the year 1994 establishing Special Land Use District (Limited Mixed Use) for the Ithacare Senior Living Community on Danby Road is hereby amended as follows: 1. Section 2 (b) is amended by renumbering subparagraphs (ii) through (v) to be (iii) through (vi) and by adding a new subparagraph (ii) reading as follows: "(ii) One pavilion not exceeding three thousand (3000) square feet in size." 2. Section 2 (b) newly renumbered subparagraph (iii) is amended to read as follows: (iii) accessory buildings such as storage sheds, pavilions (in addition to the pavilion authorized in subparagraph (ii) above), gazebos, and other similar small buildings provided that no single building (other than the pavilion permitted by subparagraph (ii) above) exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board." 3. Section 5 is deleted, and a new Section 5 inserted reading as follows: 5. In accordance with the provisions of the Zoning Ordinance, a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. A site plan that has received final site plan approval may be modified upon the application of the owner to the Planning Board for such modification. Such application shall be in accordance with the provisions of this local law and the provisions of the Zoning Ordinance and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval as set forth in the Zoning Ordinance, Notwithstanding the foregoing, Planning Board approval of a modification shall not be required (a) If the modification does not involve (i) construction of an addition of more than 1,000 square feet I \ i ^ I I / \ I : I • I \ llhavare Local Law Amendment; JCB Ithaca Local Laws: Hal; November 12, 2002 (9:18AM) of enclosed space attached to a residential building whether * on one or more stories (provided such construction is in accordance with the height limitations and other requirements of this local law and the Zoning Ordinance); nor (ii) construction or relocation of more than 3 parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor (iii) construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000.00; nor (iv) construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor (v) enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or I previously approved building; nor (vi) Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the exiting or previously approved building; nor (vii) alteration of traffic flows and access nor a significant increase in the volume of traffic; nor (viii) a significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor (ix) a change in the impacts of the project on surrounding properties, such as an increase in noise, water run-off, light illumination, or obstructions to views; nor (x) violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or ^ (b) If the modification does not involve a movement or shift of a location of Ithacare Local Law Amendment: JCB Ithaca Local Laws; Hal; November 12, 2002 (9:ISAM) r^ ( ' f / \one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where (i) such shift does not alter proposed traffic flows or access; and (ii) such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum (i.e. if a 700 square foot addition is constructed without obtaining Planning Board approval pursuant to subparagraph (a)(i) above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan). This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this local law nor of the Zoning Ordinance including height, setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this local law, the Zoning Ordinance or the ' Building Code. j A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section." Section 2. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3. This local law shall take effect upon its filing with the Secretary of State of the State of New York or publication of same or an abstract of same in the official newspaper, whichever occurs later. f ) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No .7..... of\02 °oi^6v^™7 '20 62 " d "i,"h i- '•y ">en » accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassase after disaoDroval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No r,f -ynof the (CountyXCity)(Tbwn)(Village) of ^"-"i^'duTy p^ed^r Vhe" ^ --- > (approvedXnot approvedXrepassed after disapproval) by the--—— a^d was deemed duly adopted on 7n (EUcttve Chief Executive Offietr*) " ^U--—^ in accordance with the applicable provisions of law. 3.- (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No — nf onof the (CountyXCityXTownXVillage) of .■ lii^^i^s duVy passed by "the ^a.... and was (approvedXnot approvedXrepassed after disapproval) by the^---^-^.-™ on 20.— . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a maioiiiv ofthe qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was fi led requestlns referendum.) ^ ® I hereby certify that the local law annexed hereto, designated as local law No naof the (County)(City)(Town)(Village) of "was 'duTy'passcd by'the w;; 2°-- ■ (approved)(not approved)(repassed afterdisapproval) by the o„ 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 2a in ^,01^ accordance with the applicable provisions of law. ' Elective Chief Executive Offtcer means or includes the chief executive ofncer of a county elected on a countvwide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or villaee orthe supervisor of a town where such offtcer is vested with the power to approve or veto local Ia4 or oXi^Ls. (2) o5. (City local law concerning Charter revision proposed by petition.) ' ' I hereby certify that the local law annexed hereto, designated as local law No r ' ^ qualified electors of such city voting thereon at the (special)(general) election held on M became operative. — > 6. (County local law concerning adoption of Charter.) r hereby certify that the local law annexed hereto, designated as local law No the SS Election of •^eMunicipal Home Rule Law, and having received the affirmative vote of a majority of the qMlified ei^omies ofsaid county as a unit and a majority of the qualified electors of the tow^K LnTy voting at said general election, became operative. idered as a unit ar any other authorized form of final adoption has been followed, please provide an appropriate certiacaUon.) I fiirther certify that I have compared the preceding local law with the original on file in this office and tli.t ti.. (Sea/) net.- I s f \ (CertiflcaUon to be executed by Couaty Attorney, CorporaUon Counsel, Tbwn Attorney VUiaee Attnrn.. Other authorized attorney of locality.) " y» *"iage Attorney or STATBOFNBWyjtgjJ^ COUNTY OF I, the underei^ed hereby certify that the foregoing iocri law contains the correct text and that all proper proceedinn have been had or taken for the enactment of the local la<3an/^xed hep^ proper proceeding Sigoaturei AT^I'ORNEY FOR THE TOWN Title Gounty eity , ITHACA ' , Town I I Vil'hi'ge I Date: /l/D\y Pv-'vA-y (XPl- d- (3) ; TOWN«ffjmACA L NOTICE OF.fUBtIC Notice ^s^f&REBY 6IVEN;tho^;6^i}^ I neari^ -)«flU4W{ •.fteJ6wn;B(»^ bFlhe.Tw iTIogb -StreBt; imopb/ Now■ybncj'' Ob Ite' 7lh •day ofNorombof. 2002 at .6:45p.m. in order to consider "AfOGAL lAW^TO. AMENDTHE zoning; : .ORDINANCE :TO- mow ITHACARETO CONSTRUa A fAVillON' AND TOM O D I FW .T H EREQUIREMENTS-REIATINGTO flANNINGo BOARD andtown.board^APPROVAtm ■MODlFICATiDNS TO SITE PLANS': and •FURTI^ER NOTICE ISHEREBY GIVEN that-oilp e ri o ti'SKio tv f'h eafoiemenfiomiq • iirne vendj place ihali i»e[afforded theopportunity-to yoice meirapprpvpi or .opposition tosold Ideal low. «rtes Of theproposed , lo^ taw -ore avdilable forIbwn:Xlerk's -of^ ot Itneabove: pddrbss duringregular ^fice hours: andFURTHER NOTiCE , IS HEREBY OPYEN. thatindividuals-Mth- visualjmpdlrment's/-'hbaringjmpoirmbhts or^olher fproaneeds vnll be iprovided'wHh assistance as*, necessary,uix>n r^uest. Personsdesiritig assistance '^must: moke b request not less tnon48 hoursjprlofTo the time ofthe.publicheadng. TeeAnn Hunter- ■ : Town Clerk v-October 25. 2002 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I \ I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompklns County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper Ithaca Journal-. ' LEGAL ADVERTISEMENT: Location of Sign Board Used for Posting: NOTICE OF PUBLIC HEARING TO CONSIDER "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODIFICATIONS TO SITE PLANS" Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Date of Publication: FRIDAY, OCTOBER 25, 2002 FRIDAY, OCTOBER 25, 2002 \Ul Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 25^^ day of October, 2002. Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County 4 /yj^ Commission Expires December 26,^ r\ I 1 ^□□□□□□□ Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town oflthaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Local Law to Amend the Zoning Ordinance to Allow Ithacare to Construct a Pavilion and to Modify the Requirements Relating to Planning Board and Town Board Approval of Modifications to Site Plans. 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) 1 Bella Vista Drive Tax Parcel Number: 39-1-1.31 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amend Local Law) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law to amend the Zoning Ordinance relative to Special Land Use District (SLUD) No. 7 to allowIthacare to construct a pavilion not exceeding 3,000 square feet in size, where SLUD No. 7 allows accessory buildings to be a maximum of200 square feet each, and to modify the requirements relating to Planning Board and Town Board approval of modifications to site plans (see attached for more detailed description). (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initially (0-5yrs> +/- 0.5 Acres (6-lOyrs) +/- 0.5 (>10 vrs> 0.5 Acres 7. How is land zoned presently? Special Land Use District (SLUD) No. 7 8. Will proposed action comply with existing zoning or other existing land use restrictions? Ves NO _X If no, describe conflict briefly: Construction of a 2,900 +/- square foot pavilion requires an amendment to SLUD No. 7, which allows accessory buildings only up to a maximum of 200 square feet each. 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space X Other X Please Describe: Longview is a senior living community. 11. Does proposed action involve a permit, approval, or fnnding, now or ultimately from any other governmental agency (Federal, State, Local?) YES X NO If yes, list agency name and permit/approval/funding: Town oflthaca Planning Board (Site Plan and Special Approval) 12. Does any aspect of the proposed action have a cnrrently valid permit or approval? YES X NO If yes, list agency name and permit/approval. Also, state whether it will require modification. Preliminary site plan approval was granted by the Town oflthaca Planning Board, pending approval by the Town Board of the amendment to SLUD NO. 7. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE \ Applicant/Sponsor Name (Print or Type): Catherine Valentino, ^unervisor. Town oflthaca Signature and Date: PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) f A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Lay YES NO X If yes, coordinate the review process and use the full EAT. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: See attached. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: See attached. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or Threatened or endangered species? Explain briefly: See attached. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other Natural resources? Explain briefly: See attached. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: I None anticipated. C7. Other impacts (including changes in use of either quantity or type of enersy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X , CB , other attached. (Check as applicable.) PART 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 significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or mral); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _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 PreparS Catherine Valentino. Supervisor :M"*s Signaturedf different from ResmSignature(lf different from Responsible Officer) Name & title of Responsible Officer In Lead Agency Signature of Contributing Prepare DATE: /} Signature of Responsible Officer in Lead Agency / ' ' PART II - Environmental Assessment - Proposed Local Law to Amend the Zoning Ordinance to Allow Ithacare to Construct a Pavilion and to Modify the Requirements Relating to Planning Board and Town Board Approval of Modifications to Site Plans. 1 Bella Vista Drive rTown of Ithaca Tax Parcel No. 39-1- i.sn. A. Action is Unlisted B. Action will not receive coordinated review C. Could action result in anv adverse effects on. to or arising from the following: CL Existing air cmalitv. surface or groundwater qualitv or qnantitv. noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding prohlems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion or flooding as a result of the proposed action. This action is the enactment of a local law to amend the Zoning Ordinance relative to Special Land Use District (SLUD) No. 7 to allow Ithacare Center Service Compnay, Inc. to construct a pavilion not exceeding 3,000 square feet in size, where SLUD No. 7 allows accessory buildings to be a maximum of 200 square feet each, and to modify the requirements relating to Planning Board and Town Board approval of modifications to site plans. In addition to allowing one pavilion not exceeding 3,000 square feet, while other accessory buildings, such as storage sheds, pavilions (in addition to the one authorized . above), gazebos, and other similar small buildings, shall not exceed 200 square feet, the proposed local law would amend the provisions for approval of modifications to the approved site plan for the Ithacare \ Senior Living Community, adding a new list of thresholds that would trigger site plan approval by the Planning Board, and deleting the requirement that any "significant" changes in the site plan must also be approved by the Town Board. As shown on a site plan, entitled "Longview - An Ithacare Community, Open Air Covered Pavilion," including Sheet A-1 "Preliminary Site Plan" and A-2 "Preliminary Drawings," prepared by Hascup Lorenzini Architects, and dated August 7, 2002, and other application materials, the proposed location of the pavilion is relatively level and is maintained lawn on an area of fill that was deposited during construction of the Longview facility. While a slight amount of impervious surface would be added with the construction of the pavilion, it is anticipated that the existing developed site will adequately handle any increase in runoff. C2^ Aesthetic, agricultural, archeoloeical. historic, or other natural or cultural resources, or community or neighborhood character? None anticipated. No aesthetic, archeological, or other unique natural resources are expected to be affected. The proposed pavilion is open, contains a flat roof, and is approximately 14.5 feet in height above ground level. It will be located on the north lawn and will be primarily visible to the residents of Longview. The pavilion will be minimally visible from Danby Road/Route 96B near the entrance drive to Longview, and will not be visible from the pull off on Danby Road above Longview. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or , endangered species? / None anticipated. No unique vegetation or wildlife habitats or threatened or endangered species are known to ' exist on or around the site of the proposed pavilion. The pavilion would be located on a developed site, ^ which is currently lawn on the existing fill area from the original Longview project. C4. A communitv's existing plans or goals as officially adopted, or a change in use or intensitv of use of land or other natural resources? The site is designated in the Town of Ithaca Comprehensive Plan as "Urban Residential," and is zoned Special Land Use District (SLUD) No. 7. The proposed pavilion would be compatible with the existing Longview facility. The proposed local law would amend SLUD No. 7 to allow the proposed pavilion, subject to site plan approval by the Town of Ithaca Planning Board. The Planning Board issued a Negative Declaration of Environmental Significance in regard to the proposed pavilion, and granted Preliminary Site Plan Approval and Special Approval at their meeting of October 15, 2002, subject to enactment of the proposed local law by the Town Board. The Planning Board recommended that the Town Board enact the proposed local law. The proposed local law would also amend the provisions for approval of modifications to the approved site plan for the Ithacare Senior Living Community, adding a new list of thresholds that would trigger site plan approval by the Planning Board, and deleting the requirement that any "significant" changes in the site plan must also be approved by the Town Board. This provision would still require site plan approval by the Planning Board for significant changes in the site plan, but would avoid the duplication of review and approval by the Town Board. Other than these proposed amendments, the original provisions of SLUD NO. 7 would remain in effect. CL Growth, subsequent development, or related activities likelv to be induced bv the proposed action? None anticipated. C£ Long term, short term, cumulative, or other effects not identified in C1-C5? None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy"!? None anticipated. D. Is there, or is there likelv to be. controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART III - Staff Recommendation. Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board Reviewer: Jonathan Kanter, Director of Plaiming^Lp-— ' Review Date: October 29,2002 (/ ** Town Board Meeting 11/7/2002 ATTACHMENT #4 Town Board Meeting 11/7/02 Agenda Item 6 ORDINANCE AMENDING THE ORDINANCE REGULATING TBUSJJPIC AND PARKING IN THE TOWN OF ITHACA TO PROVIDE FOR INSTALLATION OF STOP SIGNS ON ROAT AND ORCHARD STREETS Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights. Section 2. Amending of Prior Ordinance. The ordinance amending and restating ordinance regulating traffic and parking in the Town of Ithaca, adopted April 12,1999, and amended October 4, 1999, and January 14, 2002, is hereby further amended by adding to the list on SCHEDULE A relating to stop signs the following entries: "On Orchard Street at its intersection with Roat Street" "On Roat Street at its west intersection with Orchard Street" ' "On Roat Street at its east intersection with Orchard Street" Section 3. Effective Date. This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law. Town Board Meeting 11/7/2002 ATTACHMENT #5 _ T,oCClI LcLW FilinO^ new york state department of stateJ^LIW ULftg 41 STATE STREET, ALBANY. NY 12231 (Use this rorni to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. vyUUIILjr ^ ITHACA^ ' of Tbwn Village g Local Law No of the year 20.5?.. Alocallaw INCREASING THE INCOME LIMITATIONS FOR tHE PARTIAL TAX (InMrl Title) ..... EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER Be it enacted by the ....T.9.M..?.9.^.?P. . INemeofLetaletiyeBoiy) _ of ITHACA Ibwn follows; Village SEE ATTACHED PAGES 1 & 2 DOS.239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) TOWN OF ITHACA LOCAL LAW N0.8 OF THE YEAR 2002 A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER Be it enacted by the Town Board of the Town of Ithaca as follows: SECTION 1. The provisions of Local Law No. 1 of the year 1971 of the Town of Ithaca as amended by Local Law No. 2 of the year 1977, Local Law No. 5 of the year 1980, Local Law No. 2 of the year 1982, Local Law No. 4 of the year 1983, Local Law No. 2 of the year 1987, Local Law No. 4 of the year 1990, Local Law No. 3 of the year 1991, Local Law No. 2 of the year 1994, Local Law No. 2 of the year 1995, Local Law No. 1 of the year 1996, Local Law No. 1 of the year 1997, and Local Law No. 1 of the year 1999, and Local Law No. 2 of the year 2001 are hereby further amended to read as follows: 1. This law is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York as amended through Chapter 202 of the Laws of 2002. 2. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 467 based upon the income of the owner or combined incomes of the owners. A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes sixty-five (65) years of age after the appropriate taxable status date and before December 31 of the same year. Such partial exemption shall be to the extent set forth in the schedule following: ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to and including $21,500.00 50% More than $21,500.00 but less than $22,500.00 45% $22,500.00 or more but less than $23,500.00 40% I I I \ $23,500.00 or more but / less than $24,500.00 35% f Tax Exemption for Low Income Persons Load Latv2;JCB Ithaca locaJlaws, Hal; Xowmber 14, 20023:37PM ' $24,500.00 or more but less than $25,400.00 30% $25,400.00 or more but less than $26,300.00 25% $26,300.00 or more but less than $27,200.00 20% $27,200.00 or more but less than $28,100.00 15% $28,100.00 or more but less than $29,000.00 10% $29,000.00 or more but less than $29,900.00 5% This partial exemption provided by this law shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. This local law shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption ' ^ provided for in this local law. 3. Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the appropriate taxable status date. 4. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine of not more than One Hundred Dollars ($100.00) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years. 5. This local law shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1,2003. With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1, 2003, the partial exemption allowed hereunder shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by. Local Law No. 1 of the year 1971 and its amendments as in effect from time to time prior to the effective date of this local law. \ SECTION 2. This local law shall take effect immediately. 2 (Complete the certincatlon in the paragraph that applies to the Oling of this local law and strike out that which Is not applicable.) ' , I \ 1. (Final adoption by local legislative body only.) OI hereby certify that the local law annexed hereto, designated as local law No c {ffaint of LegUlative Body) * ^ accordance with the applicable provisions of law. 2. ^fsage by loc^ legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) r e ff I hereby certify that the local law annexed hereto, designated as local law No e tnof the (county)(city)(Town)(viiiage) of ' ::::::;:::::;;::::;";^"d„Vpasstdt"Vhe (Name ofLegahtiveBody) """' (approved)(not approved)(repassed after disapproval) by and was deemed duly adopted on 2O-.. in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I * I hereby certify that the local law annexed hereto, designated as local law No e wasduVpasstd by J (Name Legislative Body)— , and was (approved)(not approved)(repassed after disapproval) by the o„ on c u i n • (£/ecfive Chief Executive Officer*) * lOCal laW WaS Submitted to the people by leason of a (mandatory)(permissive) referendum, and received the affirmative vote of a maioiitv of the qualified electois voting thereon at the (general)(special)(annual) election held on 2a accordance with the applicable provisions of law. " ' *' refh«*iIdum'T™'"'** because no valid petition was nied requesUng I hereby certify that the local law annexed hereto, designated as local law No r on of the (County)(City)(Town)(Village) of//V BJ was duly passed by the iN^e^iegislativeB^dy) ^as (approved)(not approved)(repassed after disapproval) by the « , , , , (Elective Chief Executive Officer*) --- • SUCh lOCal laW WaS SUbject tO permissive referendum and no valid petition requesting such referendum was filed as of... 2a accordance with the applicable provisions of law. ' Elective Chief Executive Offtcer means or Includes the chief executive ofncer of a county elected on a countv wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or vlllaee Lthe supervisor of a town where such officer Is vested with the power to approve or veto local uls or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No ^£20 of the City of . - having been submitted to referendum pursuant to the pro^ons oV i ^ ° i Municipal Home Rule Law, and having received the affirmative vote of a majority of thequalified electors of such city voting thereon at the (special)(general) election held on 20 became operative. ' » 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No #20 of the County of — State of New York, having been submitted to the cfectois at the General Election of November 20.—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualiOed electors of the towns of said county considered as a unit voting at said general election, became operative. at any other authorized form of Rnal adoption has been followed, please provide an appropriate certiricallon.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcnpt therefrom and of the whole of such original local law, and was finally adopted in the manner in dicated in paragraph—4. , above. y ^ uuci m- ^ Wnr-A. Clerk of the County legislative body. City, Town or Village Qerk " or officer designated by local legislative body ^ ^ (Seal) \\' (Certincatlon to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) /^nurney or STATE OF NEW VORI|.oMPKINS COUNTY OF I, the undersigned, hereby certify that the foregoing local 1^ contains the correct text and that all proper proceedine have been had or taken for the enactment of the local lawXrtne Ai hereto^ r r f ^wung, Signature ^^TTORNEY FOR THE TOWN _ ijoiHiiy Gity . ITHACA T, of Town Vrttegcr Date: ^ (3) TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT: Location of Sign Board Used for Posting: NOTICE OF PUBLIC HEARING TO CONSIDER "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER" Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Date of Publication: FRIDAY, OCTOBER 25, 2002 FRIDAY, OCTOBER 25, 2002 \m-a Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 25^" day of October, 2002 Notary Public CARRIE WHITMORE Notary Public, Slate of New York No. 01WH6052877 t ComrnjEsion ioga County Expires December r- / > ; ^ town OFitTHACA NOTICE OF PUBUC ' i. HEARING notice IS HEREBY elViN fhot.a bubtic hiear- !rig Will be held before Ihe :Toyd\i)^rd< of the Town oflid^b»;215 :NoiHHi"nQga Stibk llhisca. New VorL on M 7thi dw Noyember 2002 <3# 7s4S Pfiin; in order ' Ip bohsidei' ?A' lOGAL lAW INCREASING.THE INCOME UMITAnGNS FOR THE PARTIAL . EXEMPTIONviFORvREAL PROPERTY'OWNED PERSONS WITH UMUED INCOMES WHO^ARE.^ YEARS 0EA6E C^ OVER;' ond. ' further notice is HEREBY GIVEN- !ho». oH"p e /r s 6 n s . o t f h e ' afori^^ntioned time end / place eholl be "oforded the ^ oppprtuhily'fo volce'their } opprovoi' Or: opposition to -soid l^ol low. Copies of i* ^ sold propps^ locol low ere aydifoyoj'foT, review at the Town'Oierjc's ' office r at the above v oddress during redukif office hours: and FURTHER NOTICE ISHEREBY., GIVEN; that indrvldubls With ylsuol i ft pid;i rin e;h Is h ear i n gimpqiifteofj5,9X other specid ni^ds' wlt be provided wtth aMistaQce'' as' jnecessaiy, updh-^uest.- Persons d^ir- ing'd^i»once must rnoke a. , reqOeist nol less than ^48 hours prior to the time of the publiCfhearingi, .;, /. n TpWii-Ofork Odiolftf 25. 2CKtt. / • ^ ^ ^ ^ ^ ^ ^ Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. Appiicant/Sponsor Town of Ithaca Town Board 2. Project Name Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes Who are 65 Years of Age or Over. 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map;) N/A I- F / Tax Parcel Number: N/A 4. Is proposed action: N®W? EXPANSION? MODIFICATION/ALTERATION? _X_ (Amendment of Local Law) S. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and Other relevant items): Enactment of a local law increasing the income limitations for the partial tax exemption for real property owned by persons with limited incomes who are 65 years of age or older. This local law will incorporate the new income limits in Real Property Tax Law Section 467 amended by the New York State Legislature. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: N/A Initially (0-5yrs) Acres (6-lOyrs) (>10 yrs) Acres iM 7. How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A Yes NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor. Town of Ithaca /■\ —ISignature and Date: L ^—\|ji " environmental assessment (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or Threatened or endangered species? Explain briefly: None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other Natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X CB other attached. (Check as applicable.) PART 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 significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Catherine Valentino. Supervisor eK's Signature(If different from RestPreparer s Signature(If different from Responsible Officer) Name & title of Responsible Officer In Lead Agency I / j p /... DATE: Signature of Responsible Officer in Lead Agency Signature of Contributing Preparer /I |oa \ Town Board Meeting 11/7/2002 ATTACHMENT if6 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JONATHAN RANTER, DIRECTOR OF PLANNING RE: SET PUBLIC HEARING REGARDING LOCAL LAW RELATED TO CONSERVATION BOARD DATE: OCTOBER 28,2002 Attached for the Board's consideration is a draft local law modifying the governance provisions related to the Conservation Board along with a comparison copy showing the proposed amendments to Local Law No. 4 of the Year 1993 which established the Conservation Board. At the request of the Town Board, the Codes and Ordinances Committee reviewed the draft amenchnents, and at their meeting of October 16,2002, unanimously recommended that the Town Board adopt the proposed amendments. (In addition, althou^ not required, the Codes and Ordinances Committee also requested that the Planning Board review the draft amendments, and provide an informal recommendation to the Town Board. This will be on the Planning Board's agenda at their November 5*'' meeting for discussion.). The Town Board is being asked to consider setting a public hearing on the proposed local law - suggested to be held at the December 9,2002 Town Board meeting. The proposed modifications include a new "Associate" category to provide assistance to the Conservation Board and participate on conunittees, clarification regarding appointment of a representative to the Tompkins County Environmental Management Council, and other updates and clarifications regarding bylaws, committee membership and voting, and other organizational and administrative matters. To refresh the Board's memory, the primary reason for pursuing the proposed amendment was to formalize the status of the "Associate" category, which has been utilized very successfully by the Conservation Board on an informal basis for several years. The Conservation Board has found that Associates have served an important role in assisting with Conservation Board projects and serving on committees. At the same time, the Town Board indicated a desire for overseeing the appointment of Associates. After several discussions between the Town Board and the Conservation Board, the substance of the language in the attached draft was agreed upon, and John Barney provided the draft local law to the Codes and Ordinances Committee for their review and recommendation. Please let me know if you have any questions regarding the proposed local law amendment. Att. Town Board Meeting 11/7/2002 ATTACHMENT if7 from : TOWN OF DRYDEN FAX NO. : 607-844-9599 Oct. 17 2002 06:04AM Pi ADDITIONAL AGENDA ITEM NO 1 TOMPKINS COUNTY > MUNICIPAL OFFICIAL'S ASSOCIATION -STRENGTHENING HOME GOVERNMENT for Towns and Villages- Prcsiderii -DougAiwtic Vice President - Maiy Russell Treasurer - DIanncMuFall Board of Dircotois: Don Barber. Rcba Taylor, Sue Hoelvoordc, Maiy Beth Holub Cathy Valentino - Rep on Economic lleveiopmciit Coop. Comm. October 16, 2002 To: Tompkins County Municipal Officials Association Members From: Doug Austic, President Re: TCMOA Planning Coalition I assume that you have all received the letter from Tompkins Couitcs/ Planning asking your board to appoint two members to a Municipal r^dvisory Committee to help In developing the county's comprehensive plan. A discussion of the letter was a topic at last nights TCMOA meeting. It was decfrdf^d by those present to send a letter to Mr. Marx informing him that TCMOA would rather use their own planning coalilion as a substitute for Marx's MAC, The fecjllng is tinat our own organization has a good handle on the concerns of all municipalities and therefore should be the one to advise the county on its comprehensive plan. If you agree with the TCMOA planning coalition acting as an advisor for the county and its comprehensive plan, let me know as soon as possible, This issue will be the topic of our next meeting on November 19th. PleEUi;e m^-iAe every effort to attend this meeting with your two representatives the coalition and how it will function will be discussed. It would also be important for you to let me know whom your board has selected to serve on the planning coalition or the counties MAC. Please do so before November 8th so I can notify the county of the list of municipal representatives before their deadline of 5:00 pm. If you feel that your municipality would rather follow the plan proposed by Tompkins Coun^ Planning, that's fine but let me know that as well. I sincerely hope that you will all agree that the TCMOA group should act as advisors to county planning. This issue of a county comprehensive plan is an importts nt one and we really need a voice in the final plan In order to insure that oiir inte/rssts are taken into account. You can fax me 387-5843 or Email tousuper@twcny.rr.com s OCT-16-2002 13:25 ULYSSES TOWN COURT 607 36"' 584;F. 02^-02 TOWN OF ULYSSES to Elm Street Trumansburg, NY i4886 (607) 387-5767 Fax (607) 387-5843 October 16,2002 Edward C. Marx, AICP Commissioner of Planning 212 East Court Street Ithaca, New York 14850 Dear Mr. Marx: Your letter to town and village boards asking for s^intments for the propc s ed AC was discussed at last night's meeting of the Municipal Officials Association. Ssveml months ago, Tompkins County thought about revitalizing the planning federatit/.! of > e ars past. Discussions with the TCMOA led to the conclusion that the association stould i :nn a planning advisory group on its own to advise the County Board on issues affecting I lie various municipalitiec in Tompkins County since we already had the structure taid n.: :ins to do so in place. The TCMOA decided to take the County Board's lead and clid. in fac t form such a planning advisory committee. The question that came up last night, why not use the already existing TCM'L"»A advisory group instead of your proposed MAC. It seems that they are one in the sanu:: thing. Our group is composed of just such a mix as you are proposing and car. deal ith the County Comprehensive Plan as well as other issues facing the municipalitie s anc advise you as a single voice. We think that this is just what you are trying to do wit! 1 ttie formation of your MAC. Please let me know what you think of the municipal ofdcial's proposal prior to tl •: November 8*** deadline that you proposed in your letter of September 24*^. If yo u auj: k with our proposal, 1 will supply you with a list of names fiom each municipalit/. Sincerely, Doug Austic President of the Tompkins County Municipal Officials Association r \ I \ i ^ I \ ( V TOTflL F'.3:2 Town Board Meeting 11/7/2002 ATTACHMENT #8 -1^ T JjCLW PilivtO^ new YORK STATE DEPARTMENT OF STATEi^uw r u 4j street, albany. ny i41 STATE STREET, ALBANY. NY 12231 t \ (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Gity Tbwn Villnnr1 G«y „p ITHACA Tbwi. Local Law No of the year 20l??. A local law INCREASING THE INCOME LIMITATIONS FOR THE PARTI AL TAX (liucrt Title} EXEMPTION FOR REAL .PROPERTY OWNED BY PERSONS WITH ...P.^sabilities Be it enacted by the .TQW.__B^OARp_ of the (NemeofLegiiltivBoJ^ * CuuHty Gi^ ^ ITHACA Tbwn asfoBows: -grtti see attached pages 1 & 2 DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) ( \ TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 2002 A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES Be it enacted by the Town Board of the Town of Ithaca as follows: 1. This law is enacted pursuant to Section 459-c of the Real Property Tax Law of the State of New York as amended through Chapter 201 of the Laws of 2002. 2. Pursuant to the provisions of Section 459-c of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons with disabilities as defined in Section 459-c, or by a husband, wife, or both, or by siblings, at least one of whom has such a disability, and whose income is limited by reason of such disability, shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 459-c based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS Up to and including $21,500.00 More than $21,500.00 but less than $22,500.00 $22,500.00 or more but less than $23,500.00 $23,500.00 or more but less than $24,500.00 $24,500.00 or more but less than $25,400.00 $25,400.00 or more but less than $26,300.00 $26,300.00 or more but less than $27,200.00 PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION 50% 45% f^\ / \ t \ 40% 35% 30% 25% 20% ( \ $27,200.00 or more but Tax Exemption for Persons with Disabilities Local LawZ; JCB Ithaca locallaws, November 12, 2002 9:13AM / N less than $28,100.00 15% $28,100.00 or more but less than $29,000.00 10% $29,000.00 or more but less than $29,900.00 5% The partial exemption provided by this law shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 459-c of die Real Property Tax Law of the State of New York. This local law shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said secdon shall be applicable to the effectuation of the exemption provided for in this local law. Without limiting the foregoing, the partial exemption authorized by this local law shall be computed in accordance with the provisions of Section 459-c and shall not apply to real property for which a partial exemption has been received pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York as applied to the Town of Ithaca by the provisions of Town of Ithaca Local Law No. 1 of the year 1971 as amended from time to time. 3. Application for such exemption must be made by the owner, or all of the owners of the I ^ property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the appropriate taxable status date. 4. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine of not more than One Hundred Dollars ($100.00) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years. 5. This local law shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1,2003 6. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. 7. This local law shall take effect immediately. / \ (Complete the certiricatlon in the paragraph that applies to the filing of this local law and / > strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as of the (€ewrty)(€i4y)(Town)(VillugL) of .UMCK XQM..BQARD.. onNOV. 7 ^nOS09 local law No „cof 20 (Name of Legidaiive Body) "* passed by the* 20 y..., in accordance with the applicable provisions of law. 2. (Passage by local legisUtive body with approval, no disapproval or repassage after disapDroval by the Elective Chief Executive OfRcer*.) I hereby certify that the local law annexed hereto, designated as local law No r tnof the (coun.y)(ciiy)(Tbwn)(viiiage) of --■■~:;:":::::::::""was"dui^V,Ud^^^ "" ^ (approvedXnot approved)(tepassed after disapproval) by the.—-..—-.-—.. j„|y jjopigjfSfcclive ChtefExecutive Offieer*) J tr " 20 ^ in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) ( ( ^I hereby certify that the local law annexed hereto, designated as local law No r J (Name ^Legislative Body) *and was (approved)(not approved)(repassed after disapproval) by the on on c? l i ..(Elective Chief Executive Officer*) * l®*-al laW WaS Submittedto the people by reason of a (mandatoryKperinissive) re ferendum, and re ceived the affirmative vote of a maiotitv ofthe qualified electois voting thereon at the (general)(special)(annual) election held on majonty of accordance with the applicable provisions of law. * ^ reSlndum'7'^™^^^*^^ referendum and Tinai adoption because no valid petition was filed requesting I hereby certify that the local law annexed hereto, designated as local law No of the (County)(Cily)(Town)(Vinage) of -y-—— ot 20on 70 Ta f jw passed by the(Nome of Legislative Body) » and WES (approved)(nol approved)(repassed after disapproval) by the e l i i.(Elective Chief Executive Offxeer*) /U--- . i>UCh lOCallaW WES SUbjcCt tOpermissive referendum and no valid petition requesting such referendum was fi led as of ofi c-^ accordance with the applicable provisions of law. " ' ( \ -t \ Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countvwide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city o^illaithe supervisor of a town where such officer Is vested with the power to approve or veto local laws or Irtinince (2) S. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No 20 of the City of having been submitted to referendum pursuant to the provisions V section (36)(37) of the Municipal Home Rule Law. and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20- became operative. ' 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No q#20 of the County of — State of New York, having been submitted to the efeciois at the General Election of November 20.—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affiimative vote of a majority of the qualified electois of the cii ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. Gf any other authorized form of final adoption has been followed, please provide an appropriate certification ) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript thejefrom and of the whole of such original local law, and was finally adopted in the manner J dica ted in paragraph .above. Qerk of tbe Cbuoly legislative body. City, Town or Village Qerk / \ or officer designated by local legislative body e County legislative body Icsigoaled by local legisia (Seai) Date (Certification to be executed by County Attorney, Corporation Counsel, Tbwn Attorney. Villaee Attornev n- other authorized attorney of locality.) ® Attorney or STATE OF NEW COUNTY OF I, the undereigned, hereby certify that the foregoing local kw contains the correct text and that all proper proceedincro have been had or taken for the enactment of the local laW ^nefifed hereto^ r r c«ungs Signature ATTORNEY FOR THE TOWN ttTilic Cama^i/ „r ITHACA rr% Lli nn n i , . n - Town Date: /If j)v'^ ^ni-c" i (3) TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York 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: LEGAL ADVERTISEMENT:NOTICE OF PUBLIC HEARING TO CONSIDER "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH DISABILITIES" Location of Sign Board Used for Posting:Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 ^ ^Date of Posting: Date of Publication: FRIDAY, OCTOBER 25, 2002 FRIDAY, OCTOBER 25, 2002 \{n..n. W(>riiwV Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swom to and subscribed before me this 25^" day of October, 2002 /I f: . " [yVll Notary Public I \CARRIE WHITMORE Notary Public, State of New York No. piWH6052877 . , Tiqga County />/,£. C/ommission Expires December 2f voice their approval'or op^ position to said. local law. of ^e. prppose^i to- ( \ t \ tOWN OF ITHACA :NOIICEOFv PUBUC HEARiHO ; IS HERIBYGiyEN that a poBlic hear- iftg; Will Be held before the TpiA^ 'Bdard; ofthe Town of tthqca}dt;.2l5.'North;'Tloaa Str^L/ilhpcd, New the ./th.tdmr .of: ;Noviamber 2002 bt ZaO-p.ni.^lh order to cbnslder;''A tOGAl lAW ItvfCREASINCJTHE INCOME UAAITAnONS FOR THE PARTIAl TAX EXEMP- TKDN FOR'iREAL-PROEERTY OWNED; BY PERSONS WITH DiSABIUnES--and FMRTHER NOTfCE IS HEREBY GIVEN,' all per sons at the aforetnenlioned 'hrne ohd place shall be afforded^'fhe opportunity: fb f > nn'Hunter TOVni Clerk Oaober 25, 2002. f > col law .Qre OYO^bld' fof f ) hWiew ot the'-TwhT^^te^ f omce at 'the bbove bddtess diifing regular office hours; end ■: ■ FURTHER NOTICE IS HEREBY GIVEN,indiyiduols, with' visualimpairniefits, hebringimpaimients or other specldneeds will be-provided withasdstqnce ' qs - necessary,upon r^ue^f;^Per5oris desiring oisslslahce, nt.ust-'rhake a request not less than 48houre prior to the time of the f \ □□□□□□□ Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Disabilities. 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) N/A Tax Parcel Number: N/A 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? _X_ (Amendment of Local Law) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law increasing the income limitations for the partial tax exemption for real property owned by persons with disabilities and limited incomes. This local law will incorporate the new income limits in Real Property Tax Law Section 459-C amended by the New York State Legislature. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: N/A /^SInitially (0-5yrs) Acres (6-lOyrs) (>10 yrs) Acres 7. How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A Yes NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES ^NO_ If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor. Town of Ithaca Signature and Date: C! PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or Threatened or endangered species? Explain briefly: None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other Natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: ^ None anticipated. ^ C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X CB other attached. (Check as applicable.) PART 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 significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Catherine Valentino. Supervisor Name & title of Responsible Officer In Lead Agency aYer's Sienaturedf different from Rei cl, Signature of Responsible Officer in Lead Agency Prepaxer's Signature(If different from Responsible Officer) Signature of Contributing Preparer \\\n jorXDATE: 10/29/2002 12:20 6075396286 Town Board Meeting 11/7/2002 SUNNY BROOK BUILDERS ATTACHMENT #10 cLuju' lUJk! TOWN OF CAROLINE P O Box 136 Slaterville Springs, NY 14881 Don Barber> Supervisor (607) 539-3395 October 29, 2002 Dear S^)ervisor and Town Board. We have all watched our County legislatures wrestle with some major program cuts and tax rate increases (both property and sales) when devebping their 2003 budgets. We may have in op^n on or not it is a h^y process depending upon its impact on programs directly impacting our municipality. But one thing is becoming clear; unless the State stops using the property tax as a ^^e source, the portion of County revenues available for their government operations will be shrink The steep increase in County property tax rate and reduction in County supported services can onlvspell trouble for oin Town's in the coming years. Our tax payers will have lefs ca^h aSra^ C ' tol^ce for any change m Town tax rate except dowa And our Town's will be forced to make the same Sty"todfo" ^ P«'8™ns that receive less or no I urge you to consider the attached resolution at your November meeting. I am on the Association ofTowns rerolution committee and would appreciate knowing the results of your deUberatioa Thank you in advance for your consideration cc: Mr, Jeffrey Haber, Executive Director; NYS Association of Town' Muv — wi-iaii r-Ki. 13^:52 AM rvo To: Town Supeivi,eivisors REr Mcdicaid Resolution TOWN OP CAROLINE p O Box 136 Slaterville Springs, NY 14881 Don Barber, Supervisor (607) 539-3395 October 31, 2002 week. I have received feed back that NYS is one oftwo states VfTri^v iWsprogram costs to the property tax. It turns out approximate^2^sL^Medicaid program costs but the rest are at a raterfless 1hJ^5% 'he don't use property tax at all. than 5/. and stiU greater than 50% of the states Asaresul..lrecommendthatyoustrikethefburthwhereasfromthereso,utlonbeingconsidered. itfl McdieQid coot;j, uirI •^®3^*a^fevefltie-setifee-fef Thank you ^ H (g B 0 W H NOV - 1 2002 Don'Barber Supervisor ATTEST ITmaca town cle^ Town Board Meeting 11/7/2002 ATTACHMENT #11 TOWN OF ITHACA GENERAL FUND ANALYSIS OF TRANSACTIONS SINCE JANUARY 1.2002 IMPACTING FUND BALANCE DATE DESCRIPTION I DECREASES | INCREASES| AMOUNT | ' i t 1 01/01/2002 BEGINNING BALANCE UNRESERVED BEGINNING BALANCE COMMITTED TO MEET 2002 EXPENSES $ (140,000.00) $ (2,500.00) (600.00) 01/01/2002 Resolution No. 2001-138 for architectural fees for the Putilic Works Facility 01/01/2002 Resolution No. 2001-171 for Forest Home Traffic Calming Study 02/28/2002 Reduced Joint Youth Expenses as budgeted for In 2002 08/07/2002 Liquidation of Outstanding PO# 9889 08/13/2002 Payment for the Ferguson Property Survey for the purchase of Development Rights 08/27/2002 Resolution No. 2002-126 for financing the Public Works Facility totaling $782,000 Detail of this Commitment of Fund Balance Building Reserve Anticipated Sale of Old Town Hall Town Contribution to the Project 10/07/2002 Board directing repayment of architectural fees as budgeted for and expensed to date by the General Fund for the Benefit of the Public Works Facility SUBTOTAL Adjm't Retumed Funds at Year End Closing of Reserved Fund Balance into Unreserved attributed to the financing of the Public Works Facility. Adjm't Return of Budgeted Town Contribution to the Public Works Facility Adjml Retum of Budgeted Tovm Contribution to the Public Works Facility attributed to the anticipated sale of the 'Old Town Hall." Adjm't Returned Funds at Year End Closing of Reserved Fund Balance into Unreserved Attributed to expense incurred for development rights purchase - Ferguson 10/31/2002 ADJUSTED FUND BAL/^CE Add Budgeted Revenue for 2002 Less Budgeted Expenses for 2002 deduct the budget changes for Public Works Fac Add Anticipated Mortgage Tax in excess of budget Add Anticipated Sales Tax in excess of budget :^2ail2O02 PROJECTED FUND BALANCE Less; Fund Balance used to meet 2003 expenses Add: 2002 Mortgage Tax in Excess of Budget Add: 2002 4th Otr Sales Tax in Excess of Budget 01/01/2003 PROJECTED UNRESERVED/UNCOMMITTED FUND BALANCE 9,946.00 1,260.00 $1,122,478.00 361,690.50 $ (140,000.00) $ (2,500.00) 9,946.00 1,260.00 (600.00) (182,475.06) (300,000.00) (299,524.94) 140,000.00 $ (925.100.00) $151,206.00 182,475.06 299,524.94 300,000.00 600.00 $ (925,100.QO). .$933.2.06.00 (3,164,007.00) 922,000.00 (182,475.06) (300,000.00) (299,524.94) 140,000.00 $ 710,274.50 182,475.06 299,524.94 300,000.00 600.00 $ 1,492,274.50 1,888,423.00 (2,242,007.00) 20,000,00 130,000.00 $ 1,268,690.50 (379,175,00) 182,118.53 474,346.00 $1,565,980.03 Town Board Meeting 11/7/2002 TOWTnT olerk • s ^TOWN OF ITHACA. NEW YORK ' ^rO THE SUPERVISOR: MOIMTHE Y ATTACHMENT j?12 RERORT OCTOBER. 2002 PAGE 1 f \ A125f) A1555 A1556 A15 57 A2389 A2530 Pursuant to Section. 11. Subd i of the Town Lav, I herebv aa.ks the foliovind stareiient :f ail rees ana lEorjeys received m se in cnnnentir»n vith k? ofiice curina the Dcnth stated above, exceotino only such fees and iDonevs the application and cavsen: ot vh'ih are otherwise orcviaed for .nv law 2002 SPORTING LICENSES 2003 SPORTING LICENSES DECALS 4 MARRIAGE LICENSES NO. 02080 TO 02083 35.00 AGRICULTURE REPORT COPY AERIAL PHOTOS 4 MISC. COPIES 38.00 COMPREHENSIVE PLAN DRAFT ZO MAPS (PER MAP) 1 DRAFT ZONING MAP (EACH) 1.50 DRAFT ZO MAP SET DRAFT ZO 1 DRAFT ZO PACKAGE 15.00 ENVIRONMENTAL REVIEW EXECUTIVE SUMMARY ZO .8. MARRIAGE TRANSCRIPT 80.00 NOISE ORDINANCE RETURNED CHECK - CLERK RETURNED CHECK-TAXES RETURNED CHECK- W&S OPEN SPACE REPORT 1984 POSTAGE PARK OPEN SPACE EXEC SUM PARK OPEN SPACE FULL RPT SIGN ORDINANCE SIX MILE CREEK REPORT SUBDIVISION REGULATIONS 5. TAX SEARCH 2.. USE OF PARKS & BLDG WETLAND GUIDELINES WATER & SEWER SEARCH ZONING MAP 5 ZONING ORDINANCE ZONING ORDINANCE DRAFT TOTAL TOWN CLERK FEES 25.00 30.00 42.50 A2540 .108 DOG ENUMERATION 1 SPCA CONTRACT 1 SPCA IMPOUND FEES VOTING MACHINE FEE GAMES OF CHANCE LICENSES BINGO LICENSES 1 . BINGO FEES TOTAL A2540 19.07 .26.7 J30 108.00 .48.8,30 10.00 19.07 dav of 20 QJ^gjpPBERR0i2MONTHLY REPORT PAt^E - lotarv Public/Counciliiian Town Cierk ( \ A2544 A27 0.1 108 DOG LICENSES REFUND PRIOR YEAR EXPENS 216.00 B/.110 16 BUILDING PERMIT 2 BUILDING PERMIT EXTENSIN 1 FOUNDATION PERMITS CERTIFICATE OF OCCUPANCY 2 TEMP. CERT. OF OCCUPANCY USE PERMITS 3 OPERATING PERMITS FIRE SAFETY INSPECTIONS 1 sign PERMITS 2 ZBA AREA & USE VARIANCES 2BA ADDITIONAL MTG. FEE 2BA SPECIAL APPROVALS YONIMG SIGN APPROVALS TOTAL B2110 3.155.00 50.00 50.00 87.50 1.125.00 45. 50 160.00 4 ,673.00 B2115 i SUBDV. REV. INITIAL APL. SUBDV. REV. PRELI.M, PLAT 1 SUBDV. REV. FINAL PLAT SBDV. REV. PLAN REAFFIRM SITE PLAN INIT. APL. FEE SITE PLAN PRELIM. PLAN 1 SITE PLAN FINAL PLAN ADD. MTG. FEE AGENDA PRO ASS. MTG. FEE P.H. PROCE TOTAL B2115 75.00 80.00 100.00 / ^ 255.OC Paid to Supervisor for General Fund Paid to Supervisor for Part Town Paid to County Treasurer for Doa Licenses Paid to Aa Markets for Doa Licenses Paid to .NYS Health Department for Marriaqe Licenses Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Binao Licenses 108..37 928.00 147.20 24.00 45.00 Total Disbursements 6.252.57 NOVEMBER 1. 2002 SUPERVISOR STATE OF NEW YORK. COUNTY OF TOMPKINS, TOWN OF ITHACA TEE-.Ui'H HTiTER- beina cuiv sworn, savs that she is the Cisrk of the TOWN OF ITHACA Lhat the iursaci.nci is a n •lil and rrue star.g!!isnr of ali Fses and Honevs received hv her during t.he isonrh ahove stated,, e.icesnna criv tiich the apclicatior: and pavijient of which are otherwise pro^'ided fc^ bv law I ^ ' \ Subscribed sworn to before tie this ' \ Town of Ithaca Town Board, November 7,2002 Highway Department Report for October 2002 Public Works Facility The construction on the Public Works Facility is moving along. They are about two weeks behind schedule. They are closing in the large vehicle storage bay but were not finished by November 1. A change order was authorized for the heating system. As designed, it would have required a radiant heat tub to be only 12'high in the truck storage bay. There were concerns that trucks might hit it. We agreed to separate the loops to get the height required. This costs an addition $1,680. We also are approving a change order for the grates over the drain in the large equipment storage area that will save the Town about $6,600. We had a change order for 2 overhead doorframes. When the walls were removed and the frames exposed, they were in very poor condition. All in all, the project is moving along quite well with weather being our biggest concern. Roads Stone Quarry Road: The Town opened Stone Quarry Road Friday, October 28, 2002. We notified the Sheriff, State Police, Ambulance, Fire Department, Post Office, cmd School Bus garage. We decided not to notify the media because we did not want to create a rush to re-use the road. We were able to finish this project earlier than anticipated with a lot less cost involved. Brush Pick Up: Brush pick up started October 14^ and was completed by Tuesday of the next week. It went very well this year. We have asked resident to take their brush to Solid Waste while we are working on the Public Works Facility. This has worked so well that we may consider not allowing brush to be dropped off at our facility. This would save us renting a drum chipper (about $6,000 a year) Leaf Pick Up: Leaf pickup is scheduled to begin November 4*^. We are going to start on schedule and get what leaves are raked out or bagged. There are many leaves that are still on the trees at this time and we will make whatever decisions we needed to address this problem. Intermunicipal Cooperation: The Town has been helping our neighboring Town's put down shoulders. We get together every year and move from Town to Town sharing trucks, equipment, and labor. This has proved to be an efficient method for the Towns to accomplish putting down shoulders. Parks and Trails The baseball backstop at the Coddington Road Community Center has been installed. The infield and bases will be re-established next spring before the Kiwanis season begins. r \ We also had to remove a large Oak tree on Lisa Lane Walkway. It was on the Big Tree list for Tompkins County. We had Cascadilla Tree Service come in to trim out the bad parts in an attempt to save the tree. John Friedabom, a certified arborist, informed us that it was in a very dangerous condition, not able to be saved, and needed to be removed so that it would not fall on the house that is there nor on people using the public walkway adjacent to the tree. t Water and Sewer We had two water breaks in October—one was on Ridgecrest Road and the other on Hanshaw Road. We have had many water breaks on Hanshaw Road. That section of water line is to be replaced during Tompkins County's Hanshaw Road project. That project is scheduled to be worked on in 2006. All the plantings on the Hanshaw back lot sewer and Oakwood pump station projects have been completed. We have done most of our hot patching for the year. We also have completed all our lawn repairs for the various water breaks and projects that we have had throughout the year. Projects for November: 1. Park and trail grounds maintenance. 2. Water and sewer maintenance. 3. Monitor and inspect construction at the Public Works Facility. 4. Maintenance at Town Hall. ^ ^ 5. Snow removal preparations and removal as necessary. ghk I \ I t \ I GENERAL Town Engineer's Report for 11/7/02 Town Board Meeting Records Management Engineering staff is continuing to work with existing record maps of the Town's water and sewer systems to develop an electronic GIS record map. Student interns are continuing to transfer data from the paper record maps and field notes to accurately locate Town facilities on the Arc View GIS. Approximately 75% of Town sewer mains have been mapped and mapping of approximately 50% of Water mains has been completed to date. Park and Open Space Final design has been completed and the design documents are being prepared for submission to NYSDOT for review. Public Works facility Construction is proceeding and the Town Engineer has been providing technical support on construction inspection and contract administration. Change orders for the Roof system and floor repairs along the edge of the original trench drain have been approved. / \ Tompkins County Emergency Management Planning Committee The plan is nearing completion and a draft copy will be given to committee members in the near future. Town of Ithaca Emergency Management and Fire Protection Town staff is in the process of updating the Town emergency response plan. EARTH FILL PERMITS The Earth fill permit for the removal of Gravel from a portion of the Old Marshall Farm on State Route 79 was issued on October 25,2002 after the Zoning board gave approval and pre permit conditions were addressed. WATER PROJECTS Integrated Water System The SCLIWC commissioners have written a letter to the City of Ithaca stating that since the City has not responded for a significant period of time to the proposed agreement for becoming a member of the ^ Commission that the Commission is withdrawing the original proposal. The Commission has indicated a willingness to sell water to the City under a contractual relationship and that the Agreement to provide Water Emergency Aid remains in effect. TOWN ENGINEERS REPORT 11/7/02 ( \ The Town Engineer and Bolton Point staff have been meeting with the Cornell University Utilities department to evaluate opportunities for cooperation. The Town Engineering staff has completed a site survey and test borings for a proposed SCLIWC tank on Cornell University Hungerford Hill Road property. Preliminary design is being completed in conjunction with the design of a South Hill Transmission line extension to provide water to the West Hill and Inlet Valley water service area. West Hill Water System The Contract for replacement of the watermain behind the Biggs complex and the Hospital has been awarded to G. DeVincentis & Son Construction Co., Inc. of Binghamton. A preconstruction Meeting was held with the Contractor on October 31 and work is scheduled to start with project layout the week of November 4'''. Several alternatives for a new water storage tank are being reviewed, including several sites on the EcoVillage property. Site surveys and test borings have been completed and preliminary design is underway for development of an engineering report with recommendations. Bums Road Water Main Extension The Town Engineer has prepared an engineering report and preliminary cost estimate for the f \ extension of a watermain on the South end of Bums Road. Final approval of the project will be n requested at the November Town Board Meeting as the State Agricultural has completed its review and determination that there will not be a negative impact on agriculture from this project. SEWER PROJECTS Intermunicipal Sewer System The Intermunicipal sewer Committee has been continuing to work on the Draft Agreement for expanding the partnership in the sewer system. The Intermunicipal Sewer Group includes the three existing partners in the Joint Sewer Subcommittee of the City of Ithaca, The Town of Ithaca, and The Town of Dryden, plus the three potential partners, which are the Village of Lansing, The Village of Cayuga Heights and the Town of Lansing. The Draft Environmental Impact Statement has been revised and has been submitted to DEC for comments. Steams and Wheler have developed the final Design of the Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility. The Contract Documents have been prepared and are under staff review for a recommendation of approval to the various approving boards. West Hill Sewer System The Contract for replacement of the sewer main behind the Biggs complex and the Hospital has been awarded to G. DeVincentis & Son Construction Co., Inc. of Binghamton. A preconstruction Meeting was held with the Contractor on October 31 and work is scheduled to start with project ^ layout the week of November 4*''. ^ Erpt021I Daniel R. Walker Page 2 11/4/02 TOWN ENGINEERS REPORT 11/7/02 South Hill Sewer Service Area The Southwoods subdivision, approved in 1989 may start construction in 2003 and part of the project includes extending sanitary sewer mains. The project as originally approved included two sewage pump stations and approximately 2000 feet of force main between the project and Troy Road. The Town Engineer is evaluating an option to serve the project with a gravity sewer along Coddington Road. This would eliminate a pump station and provide the additional benefit of serving residents along Coddington Road north of E. King Road with sewer. DEVELOPMENT REVIEW PRI Site work for the PRI Museum of the Earth is continuing with construction of the drive and parking areas, along with building construction. The Town Engineering staff has been inspecting the site periodically to ensure compliance with the approved site plan. The contractor has installed the required sediment and erosion control measures and is maintaining them. No site related problems have been noted. ECOVILLAGE / t ^ EcoVillage is nearing completion on the site work and buildings for the Second Residents' Group. Sediment and erosion controls have been maintained adequately during construction. Final site work and landscaping will be completed as the Buildings are finished. COLLEGE CIRCLE College Circle Phase 3 Site construction is proceeding with mass grading. Road sub base and building pad development is underway. The Storm Water Management plan for the site was approved and is being inspected for compliance by the Engineering Staff. The Town of Ithaca will be monitoring operation and maintenance of the storm water control system, and has authority by agreement to ensure proper function. Excess excavated material is being transported to the old Landstrom gravel pit in Danby and a site off of Coddington road near Brooktondale. BAKER INSTITUTE The Town Engineering staff has been monitoring drainage work and sediment and erosion control systems at the Baker institute expansion project which is nearing completion. LINDERMAN CREEK PHASE TWO Linderman Creek Phase Two is continuing with roadway construction and final grading. The Town Engineering staff has been inspecting the site periodically to ensure compliance with the approved site plan. The contractor has installed the required sediment and erosion control measures and is maintaining them with frequent inspection and reminders from the Engineering Staff. Erpt0211 Daniel R. Walker Page 3 11/4/02 Agenda # TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF OCTOBER 2002 MONTH YEAR TO DATE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT LE FAMILY RESIDENCES 2002 2001 4 581.000 1 162,000 18 2,708,000 12 1,750,144 TWO FAMILY RESIDENCES 2002 2001 0 0 3 720,000 7 1,385,000 5 940,000 RENOVATIONS 2002 2001 0 0 2 22,494 12 131,984 17 229,776 CONVERSIONS OF USE 2002 2001 0 0 1 15,000 5 82,329 2 45,000 ADDITIONS TO FOOTPRINT 2002 2001 2 45,000 2 125,617 18 832,784 17 532,874 MULTIPLE RESIDENCES 2002 2001 1 16' X 30' outdoor pavilion 13,000 1 350,000 36 16,104,890 4 794,800 BUSINESS 2002 2001 1 CMC cat scan room 100,000 1 East Hill Plaza restaurant renovation 99.120 2 199,120 2 23,500 2 199,120 18 5,354,901 AGRICULTURAL 2002 2001 oo oo oo oo 1^ JSTRIAL 2002 2001 0 0 0 0 oo oo XATIONAL 2002 2001 1 CU Wilson Lab main entrance foot bridge 193,000 2 43,000 12 5,061,888 15 15,004,230 MISCELLANEOUS CONSTRUCTION 2002 2001 1 18'X 24'storage building 12,122 1 24'X 24.5'attached garage 18,822 1 Garage addition 14,000 1 Rebuild chimney 2.500 4 47,444 4 76,900 32 2,446,289 42 331,779 TOTAL NUMBER OF PERMITS ISSUED 2002 2001 14 1,078,564 18 1,538,511 151 30,740,084 132 24,983,504 TOTAL FEES RECEIVED 2002 2001 13 2,200 18 3,000 150 40,735 132 25,435 Date Prepared: November 4, 2002 Dani L. Holford Building/Zoning Department Secretary October 2002, Page 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 15 1. 230 Stone Quany Road - build sunroom on existing rear deck. 2. 101 Harris B. Dates Drive (CMC) - renovations to 2nd and 3rd floor patient wings - flnal. 3. Danby Road (IC) - new Campus Safety and General Services building. 4. 370 King Road East - modiflcation to basement apartment. 5. 221/223 Rachel Carson Way - new two-family home - final. 6. 217/219 Rachel Carson Way - new two-family home - final. 7. 220/222 Rachel Carson Way - new two-family home - final. 8. 4 Peachtree Lane - new 3 bedroom modular with attached garage. 9. 144 Coy Glen Road - rebuild fire damaged building. 10. 309 Saranac Way - family room addition. 11. 501 Warren Road - second floor apartment. 12. 920 Coddington Road (CRCC) - day care addition - final. 13. Campus Road (CU) - new wrestling facility. 14. 103 Sharlene Road - 1,000 square foot room addition. 15. Snyder Hill Road (CU) - Baker Institute addition - temporary 10-hour public relations event. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2002 - 157 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2001 - 167 f t INQUIRIES/COMPLAI.NTS INVESTIGATED THIS MONTH -5 1. 1502 Slaterville Road - building code - no violation found. 2. 1058 Danby Road - fence height - no violation found. 3. 133 Kendall Avenue - fill - pending. 4. 636 Coddington Road - zoning - pending. 5. 940A East Shore Drive - property maintenance - abated I * I I From August 2002: 1. 833 Coddington Road - building code - pending. From December 2000: 1. 172 Calkins Road - property maintenance - (partially abated) - limited timeframe agreed to for complete abatement From Mav 1995: 1. 1152 Danby Road - zoning and building code - legal action pending. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2002 - 34 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2001 - 52 TOTAL FIELD VISITS THIS MONTH - 72 Uniform Building Code - 59 Local Law and Zoning Inspections - 10 Fire Safety - 2 (2 [4 unit apartments]) Fire Safety Reinspections - 1 (Hospicare) Fire/Emergency Occurrences - 0 Fire Occunence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 2002 - 804 TOTAL FIELD VISITS YEAR TO DATE, 2001 - 768 October 2002, Page 3 ^fal^TOTAL SIGN PERMITS THIS MONTH (Turbacks and Wings Over Ithaca) - 2 TOTAL SIGN PERMITS YEAR TO DATE, 2002 - 6 TOTAL SIGN PERMITS YEAR TO DATE. 2001 - 9 ZONING BOARD OF APPEALS 1 MEETING, 5 CASES, AGENDA ATTACHED Withdrawn Granted Granted Granted Granted TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS INIONDAY, OCTOBER 21. 2002 7;00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, October 21,2002, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M.. on the following matters: APPEAL of James and Nancy Lavo, Appellants, Attorney Gwen Seaquist, Agent, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain an existing single-family residence with a front yard building setback of 15 feet (25 feet required) at 111 Sharlene Road, Town of Ithaca Tax Parcel No. 57-1-8.153, Residence District R-15. APPEAL of Tom Greenspun, Appellant, requesting a variance from the requirements of Article XI, Section 51 and Article X, Section 21 and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to create by subdivision, a building lot having 50 feet of road frontage, whereas 60 feet is required (with 150 foot width 60 feet back from the street line also being required) at 439 Bostwick Road, Town of Ithaca Tax Parcels No. 32-2-3.2, -3.4, in an Agricultural District (R-30 regulations apply). APPEAL of Pravin Patel, Appellant, requesting a variance from the requirements of Article IV, Section 14 of the Town of Ithaca Zoning Ordinance, to be permitted to maintain a two-family residence with a 9.3 foot side yard setback (10 feet required for garages) at 198 King Road East, Town of Ithaca Tax Parcel No. 44- 1-4.34, Residence District R-15. APPEAL of the Finger Lakes School of Massage, Appellant, Ciaschi Property Management, Owners, requesting a variance from the requirement of Section 4.01-l(a) of the Town of Ithaca Sign Law, to be permitted to place a 20 + square foot sign (4 square foot limit) at 1251 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-3-3.4 in a Special Land Use District #4. APPEAL of Independent Wireless One, Appellant, Timothy Frateschi, Harris Beach, LLP, Agent, Town of Ithaca, Landowner, requesting a Special Approval under Article XIII, Section 70a to be permitted to place a telecommunications antenna at the Town of Ithaca Christopher Circle Water Tank, 99 Christopher Circle, Town of Ithaca Tax Parcel No. 72-1 -10, Residence District R-15, A variance from the requirements of Article IV, Section 11 of said Ordinance is also requested in order to have a structure with a height of greater than 30 feet. Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning 273-1783 Dated: October 11, 2002 Published: October 14, 2002 , Planning Director's Report for November 7, 2002 Town Board Meeting DEVELOPMENT REVIEW October 1.2002 Meeting: Finger Lakes School of Massage Sign Modification, 1251 Trumansburg Road: The Planning Board granted Preliminary and Final Site Plan Approval and issued an affirmative recommendation to the Zoning Board of Appeals regarding a sign variance for the proposed replacement sign for the Finger Lakes School of Massage, 1251 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-3-3.4, Special Land Use District No. 4. The proposal includes replacing the existing 17.5 +/- square foot sign with a new 20.2 +/- square foot sign for the Finger Lakes School of Massage. The square footage includes the existing sign for Development Disabilities Services mounted below the new Finger Lakes School of Massage sign. Joseph O. Ciaschi, Owner; Emily Grayson, Applicant. Greenspun 4-Lot Subdivision, Bostwick Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-Lot Subdivision on Bostwick Road, Town of Ithaca Tax Parcel No's. 32-2-3.2 and 32-2-3.4, Agricultural District. The proposed subdivisions will result in the creation of a 4.8 +/- acre parcel from Tax Parcel No. 32-2-3.2 and a 2.59 +/- acre parcel from Tax Parcel No. 32-2-3.4. The two new parcels will then be consolidated to create a new 7.39 +/- acre parcel. Claire Paley, Owner of Tax Parcel No. 32-2-3.2 and Barbara Gizewski, R. and T. Greenspun, Owner of Tax Parcel No. 32-2-3.4; Tom Greenspun, Applicant. Transmode Car Rental, Judd Falls Plaza, Pine Tree Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed car rental office to be placed within the existing Judd Falls Plaza, 350 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62-1-1, 62-1-2.1, 62-1-2.2, and 62-1-3.2, Business District "C". The proposal includes placing a 175 +/- square foot office in the existing Judd Falls Plaza, a new canopy sign over the front door, and five existing parking spaces reserved for rental vehicles. A use variance will also be requested from the Zoning Board of Appeals. Scott & Sue Hamilton, Owners; Transmode Inc., Applicant. October 15. 2002 Meeting: Telecommunication Antennas on NYSEG Pole, 222 Maple Avenue: The Planning Board granted Preliminary and Final Site Plan Approval and issued an affirmative recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed telecommunications antennas on a NYSEG pole at 222 Maple Avenue, Town of Ithaca Tax Parcel No. 63-1-5, Residence District R-30. The proposal includes attaching 12 panel antennas on an existing NYSEG power pole at a height of 64 +/- feet, constructing a 12-foot by 20 foot concrete building to house the radio equipment, and installing a 12-foot wide gravel access drive. Cornell University and NYSEG, Owners; Nextel Partners Inc., Applicant; Colleen Bisceglia, Agent. Ithaca College Temporary Modular Office Space - Site Plan Modification, Off Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval for modifications to the site plan for the temporary modular office space located at Ithaca College, Town of Ithaca Tax Parcel No. 41-1-30.2, Residential District R-15. The development, as constructed, differs from the site plan approved by the Planning Board on 7/17/01. A new seven-car parking lot was created in an area originally proposed for lawn, and the stairs on the north side of the new modular building, and the ramps on both ends, were modified from the original proposal. Ithaca College, Owner; Trowbridge & Wolf, Agent. Longview Pavilion and Sidewalk, 1 Bella Vista Drive: The Planning Board granted Preliminary Site Plan Approval and Special Approval for the proposed pavilion and sidewalks and issued an affirmative recommendation to the Town of Ithaca Town Board regarding zoning amendments at Longview, an Ithacare Community, 1 Bella Vista Drive, Town of Ithaca Tax Parcel No. 39-1-1.31, Special Land Use District (SLUD) No. 7. The proposal includes a 2,900 +/- square foot pavilion on the western edge of the North lawn, a restroom and storage area addition on an existing shed, and two sidewalk extensions with a total length of 471 +/- feet located along the existing driveways. The Zoning Amendments to the SLUD include allowing one 2,900 +/- square foot pavilion and allowing the Planning Board to consider "significant revisions'* to the site plan without also having to obtain Town Board approval. Ithacare Center Service Co., Owner/Applicant; Mark A. Macera, Agent. Sketch Plan Review - Cornell University Alumni Field Relocation (Precinct 8A Athletic Fields), Pine Tree Road and Ellis Hollow Road: The Planning Board discussed a Sketch Plan for the proposed construction of two lighted athletic practice fields and three future (Phase II) non-lighted fields, a support building, and parking to accommodate 25-30 cars. The fields are proposed to be located in the southeast comer of Pine Tree and Ellis Hollow Roads, in an area currently used as horse paddocks by Comell University, Town of Ithaca Tax Parcel No.'s 61-1-1, 61-1-2, 61-1-20, 61-1-19, and 61-1- 18, Residence District R-30, Comell University, Owner/Applicant; Peter Paradise, Agent. The Planning Board also adopted a resolution regarding their intent to be Lead Agency to conduct the environmental review for this project. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following are accomplishments or issues that have been dealt with over the past month. SEOR Reviews for Zoning Board: Two new SEQR reviews for the Zoning Board were done since the October report: (1) sign variance for the installation of a 20 +/- square foot sign (4 square foot limit) at the Finger Lakes School of Massage to replace the existing ( r sign, 1251 Trumansburg Road, Special Land Use District No. 4, Finger Lakes School of Massage, Appellant; Ciaschi Property Management, Owners; and (2) special approval to permit the placement of telecommunications antennas at the Town of Ithaca Christopher Circle Water Tank, 99 Christopher Circle, Residence District R-15, Independent Wireless One, Appellant. Codes and Ordinances Committee: The Committee met on October 16, 2002. The Committee recommended that the Town Board adopt the draft local law modifying provisions relating to the Conservation Board, and forwarded the draft local law to the Planning Board for an informal recommendation. There was also further discussion regarding the proposed boundary of the South Hill Conservation zone. A revised draft of the proposed Zoning text, prepared by the Attorney for the Town, was distributed and reviewed by the Committee. This was based on comments and suggestions received from the public at and after the public meetings held in May. This includes new regulations regarding mining, which will be restricted to areas in the Agricultural zone. The Committee also had a discussion regarding the definition of domestic animals and household pets, and agreed to consider clarifications and revisions to the proposed Zoning text at the next meeting. The next Committee meeting is scheduled for Wednesday, November 20, 2002. Transportation Committee: The next Committee meeting is scheduled for October 31, ^ 2002. f Northeast Transit Planning Proiect (NTPPL A public meeting is scheduled on November 18, 2002 at 6:30 p.m. at the Tompkins County Public Library Borg Warner Community Room. The consultants will present the findings and recommendations of the study and seek public input. Conservation Board: The Board met on October 3, 2002. Agenda items included a discussion on the proposed Coy Glen Conservation zone, a review of the draft informational brochure which is being prepared by the Conservation Board, and a report by the Stream Buffer Committee regarding the proposed stream buffer regulations. The next meeting of the Conservation Board is scheduled for Thursday, November 7, 2002. New York Planning Federation Conference: The Director of Planning and the Chair of the Planning Board attended the New York Planning Federation Conference in Saratoga Springs, NY from September 29"^ through October 2"^, 2002. Topics covered in sessions attended included traffic calming, planning case law, hot button issues (mining, casino gambling, signs, water-based zoning), stormwater management (the new Phase II DEC regulations), open meetings law/freedom of information law, and grant writing, among others. Numerous materials were obtained regarding the above and other subjects, and are available for review in the Planning Department. NYS Oualitv Communities Conference: The Assistant Director of Planning and a Town Board member attended the New York State Quality Communities Conference in Albany, NY on October 22"^ and 23^^^, 2002. Sessions included a wide range of topics including open space protection, transportation, the new stormwater phase II requirements, stream f corridor protection, waterfront protection, neighborhood enhancement, economic development, and much more. Over 100 exhibitors from all over the state including municipalities, non-profit organizations, commercial businesses, and state agencies were represented and provided a wealth of information on their services, technology, or particular concerns they represented. Speakers included the Lieutenant Govemor, the Commissioners of NYS DEC and NYS Ag and Markets. Conference materials and information are available for review in the Planning Department. SEOR Workshop: Planning staff and the Planning Board Chair attended workshops sponsored by the New York State Department of State, NYS Dept. of Environmental Conservation and Tompkins County Planning Department regarding the State Environmental Quality Review Act (SEQR) requirements held on October 23*^^ and 24th, 2002. Sessions covered a range of subjects on SEQR, including an overview of the basic SEQR requirements, case law updates involving SEQR, and how to complete an environmental assessment form. Cornell Lake Source Cooling Monitoring: Benchmark Environmental prepared a draft report evaluating the Lake Source Cooling data and analyses available to date. Town staff reviewed the draft report and discussed revisions with Benchmark. Revisions will be incorporated into the draft report for further discussion and follow-up discussions with ^,0^^ Cornell University. f > TCAD Economic Development Committee: The Supervisor and Director of Planning attended a meeting of the TCAD Economic Development Strategy Committee on October 24, 2002. Discussions focused on the possibility that the Workforce Development System may not receive sufficient funding in the upcoming year to continue its current functions, an update on the downtown Ciminelli project, and possible new policy criteria for IDA funding. There was also a report that the Census Bureau is looking into the possibility of combining the Cortland and Tompkins County areas into one new MSA (Metropolitan Statistical Area) for purposes of data collection and analysis. Tompkins Countv Comprehensive Plan: Town representatives attended a public meeting held by the Tompkins County Planning Department regarding the proposed County Comprehensive Plan. The purpose of the meeting was to obtain input from the public regarding the purpose, scope and content of the Plan. The County estimates that it will take about two years to complete the Plan. The County is proposing to establish a Municipal Advisory Committee, composed of municipal representatives appointed by each municipality to provide ongoing input into the Plan preparation. \ Regular Meeting of the Ithaca Town Board November 7,2002 Human Resources Report for October 2002 Personnel Committee: Attached Final Minutes 9/11/02 meeting and Draft Minutes from the 10/23/02 meeting. The Committee discussed comments from employees regarding the Personnel Manual. The Committee recommended two changes to the 9-12-02 draft manual. Those changes are a wording edit of the Smoking Policy and allowing Personal Time left 12/31 to roll into Sick Time in place of being lost. The Committee also discussed information Cindy Wasleff learned from a Security Conference that she attended. One of the main points was the need to educate the employees on different kinds of fires and how to use a fire extinguisher. Safety Committee: The Committee discussed the recent surprise inspection by PESH (Public Employers Safety and Health). There were several things we were able to ask and get clarification during the inspection. The inspectors reviewed our safety manual and made some recommendation that the committee will be addressing. October 29"' the Safety Committee held a fire drill at Town Hall. All 15 ^ ernployees In the building at the time reached the checkpoint destination In one minute and 40 seconds. Fire drills will continue on a bi-annual basis. Personnel - Civil Service: There have been changes made to the status of two employees on a temporary basis. Christine Lehman, Planner, was hired at a part time basis of 25 hours per week. She has been increase to 30 hours per week for the remainder of 2002 in order to spend more time working on the revisions of the Zoning Ordinance. Lori Waring, Deputy Town Clerk, was hired part time at 20 hours per week, and was increase to 25 hours per week. Lori's hours have been increased to 37.5 hours per week do to the additional hours she works on the Records Management Map Storage Grant. Lori's hours will continue at this amount during the grant period, which ends by June 2003. i have been meeting with Mary Bryant and Charlie Hulbert regarding the early retirement incentive. October 29*^ and 30^ Brian Wilber, Ithaca Fire Department, Fire Chief, spoke with the employees regarding contributing to the United Way. Wellness Procram: The annual wellness fair has been scheduled for: Thursday, November 14, 2002. The fair will include Flu Shots, screenings for Blood Pressure, Cholesterol, Glucose and body fat analysis. The fair will be held at the Public Works Facility even though they are under construction, that facility is still the easiest for parking. This fair is open to all, employees and elected officials. Training and Development: A seminar was offered to all the employees entitled "Building Resilience During Turbulent Times" presented by Bob Blenn. I attended training on the personnel computer program, which we installed this spring. The two day training was an annual training offered in Mississagua, Canada. The training was very valuable as we are still in the installation phase of the process and haven't learned all that the program can do. Commercial Insurance: I have been working with Ithaca Agency on the applications for quotes for 2003 coverage. Numbers that we have seen already have not been favorable numbers. Also there have been more issues this year regarding qualifications for the companies to consider coverage of a municipality. Some companies will cover, but have minimum premiums levels, and others will not offer any type of umbrella coverage. Submitted By: Judith 0. Drake, PHR Human Resources Manager / f ' \ Final Final Final Town of Ithaca Personnel Committee Meeting September 11,2002 12:00 noon Members Present: Supervisor Catherine Valentino; Councilman Will Burbank; Dani Holford, Senior Typist; Don Ten Kate, Working Supervisor; Larry Salmi, Heavy Equipment Operator Absent: Councilman Bill Lesser; Cindy Wasleff, Court Clerk; Support Staff: Judith C. Drake, Human Resources Manager Others Attending: Paul Tunison, SCLIWC; Carrie Whitmore, Deputy Town Clerk; Jonathan Kanter, Director of Planning Call to order: 12:13 p.m. Agenda item #2: Review of minutes of June 12.2002 meeting. Approved as read. Agenda item #3: Persons to be heard: None. Agenda item # 4: Security Conference Discussion: Tabled until a future meeting. Agenda item #5: Update on Reguest for Proposals - Heaith insurance: Judy Drake distributed a plan description (attached) of what the Blue PPO offers. The Town Board approved the $10 copay, which is what we currently have with Univera. The Town Board also approved the prescription copay of $5/$15/$30. The 3^^ tier is actually a $5.00 decrease compared to Univera rates. The rest of the plan remains much the same. Judy responded to Dani Holford's inquiry of what "OV" copay means: it's the office visit copay. There is difference in the copay amount if you go to the hospital emergency room or to someplace like Convenient Care (after hours free standing urgent care). The copay for the hospital emergency room would be $35.00 vs. $25.00 for Convenient Care. The reasoning behind the different copays is to encourage people not to use hospital emergency rooms for things that are not an emergency. An example of a non- emergency would be a broken leg. The main thing about the PPO is that there are no primary care providers. You just have to go to a provider that is participating. The same thing applies to specialist. Referrals are no longer Final Final Final ( \ necessary as with the HMO's. If you want to see someone who is not participating there will be a $250.00 deductible and a 20% co-insurance. Don Ten Kate asked for clarification on the pre-authorization penalty. Judy explained that it is her understanding that the pre-authorization for surgery is the responsibility of the doctor. Most of the providers that are currently being used by employees are signed up with Blue PRO. There are about three specialists that are not signed on. We are waiting for a response from our representative for the status on those. Paul questioned whether we would have a representative come in to explain and answer questions. Judy responded that this would happen during our normal open enrollment in November. Agenda Item #6: Review 2003 Salary Scale: Cathy Valentino explained that there have been some adjustments made to the Salary Scale initially discussed in August by the Town Board. Judy distributed a new draft of the 2003 Salary Scale (attached) and explained why changes were made. When percentages were applied, for 2003 ^ ' salary increases, it created a greater dollar gap between grades than was intended. The goal is to keep the dollar amount between grades the same as when it was set up in July 2001. There was a $2.65 gap between the "O" and the "P" grades. That was reevaluated and decided it was to much of a jump - decreased it to $2.25, which created a ripple effect that increased all the salaries below these grades. The difference between "1" to "S" for January 2002 was $15.62. With the changes in the 2003 increases the difference is $15.60, which is where we want to keep it. These salaries will be going back to the Town Board to be approved with the primary budget. Cathy emphasized that if we increased salaries by a set percentage across the board, the distance in real money between people at the highest end and the people at the lowest end would continue to get wider every year. What we decided was to have a safety net of 3.5%. Nobody would receive less then a 3.5% increase. The other increases are based on a dollar amount close to the amount received by the grades the percentage was applied to. Cathy and Don stated that the Highway employee's are very happy with the changes. Town Hall staff hasn't reviewed the changes that were made. / \ Final Final Final Will Burbank asked what the aggregate affect is on the budget. Judy explained that these adjustments will increase the budget an additional $27,000. But was quick to point out that since we had not received the Health Insurance cost quote prior to budget preparations she automatically used an increase of 15%, working on past experience, when preparing her budget. When we received the quote she was able to reduce the budget about $36,000. So we still ended up with a savings. Judy commented that the five people that were hired in 2001 will not be brought up to job rate in 2003, but they will in 2004. They are all close to job rate and will still receive 10-12% increases. The overall rate increase over last year is 7.1%. This is actually lower than 2001 and 2002. Paul Tunison inquired if we try to get people up to job rate in 3 years. Judy responded that we try to get new hires up to job rate in 2 years, if possible, but with the changes in the salary structure over the last two years we have been unable to do this. The people who were hired in 2001 will see another jump in salary in 2004 to get them to job rate Agenda Item #7: Draft #7 of Personnel Manual: Judy acknowledged that Bill Lesser sent her comments (mostly editing) on the manual. Judy went on to say that Larry Parlett from SCLIWC, had sent her an email with some questions regarding the manual: 1. Page 15, Section 1 #9 - Personal Protective Equipment: Larry Parlett suggested that the wording "personal protective equipment is provided for employees such as hard hats, rain gear, safety goggles, gloves and ear plugs, as based on the position". Larry suggested it be changed to "as appropriate for the task assigned". Committee agrees with the suggestion. 2. Page 16, #11 - Smoking Policy: second paragraph, second sentence reads, "The exception is that smoking is permitted in vehicles when others are not present or in ones own designated vehicle." Larry made a recommended change to read, "the exception is that smoking is permitted in vehicles when alone or when all vehicle occupants are smokers." Dani pointed out that the third sentence ties the whole thing together. The Committee agreed to leave the wording as is. 3. Page 20, #1B - Compensatory Time: Judy explained the major change to this > section as discussed extensively in past Personnel meetings. In the past, if somebody used vacation or sick time in the same week that they have comp. Final Final Final rs / time, the fringe time would be reduced so they wouldn't earn as much comp. time. Now it will equal the same as overtime (i.e. if they are sick Monday and end up working a total of 44 hours their sick time does not have to be reduced. They will still earn the 4 hours of comp time @ time and a half). Cathy commented that this is a great improvement. The people who work extra hours on a regular basis were at a disadvantage if they happened to be sick during a week they worked extra hours. This was really unfair to them. Larry Parlett also recommended changing the last sentence under Compensatory Time regarding the written agreement. Change the "in place" to "on file". Judy explained that this is a Fair Labors Standards Act requirement that in order to accept comp. time vs. overtime we need to have an agreement that the employee agrees to receive comp time at time and a half vs. being paid overtime. 4. Page 20, #1D - Shift Differential Pay: changed last part of sentence to read, "based on regular rate of pay plus shift rate". 5. Page 20, #1E - Call Back/Call In Time: Judy added to the wording to try and clarify the difference between these two and shift differential. f \ 6. Page 23, #5 - Part-Time Employees: Judy explained that during the bidding of the Health Insurance policy it was very difficult to put through our company policy that allowed employees at less than half - time (17.5 hours) to be on our policy with the employee 100% responsible for the premium. The insurance companies believe that if the Town paid anything toward the employee's premium this should also include the less than 17.5 hour employees. So we are changing the policy to read you have to work at least 17.5 hours a week to be eligible for the coverage. Cathy commented that the rational of the insurance companies is that the only people that would take the Health Insurance if they were working so few hours, are people who have a health problem. Judy pointed out that this is a good time to change the policy because we don't have anyone utilizing it at this time. The same thing is true for the Dental Insurance. Don Ten Kate reminded the committee that there was suppose to be something under the Allowances For Personal Protective Equipment addressing the issue if someone was not medically able to utilize the equipment. This is ^ addressed on page 9, #2 - Americans With Disabilities Act (ADA). Final Final Final \ The Committee agrees to send the draft of the Personnel Manual out to the employees and Town Board members for review. It will also be on the agenda for discussion at the October Board meeting. Agenda Item #8: Others: None. Next meeting: Wednesday, October 23,2002 Adjourned: 12:50 p.m. . \ Draft Draft Draft / Town of Ithaca Personnel Committee Meeting October 23, 2002 12:00 noon Members Present: Supervisor Catherine Valentino; Councilman Bill Lesser; Dani Holford, Senior Typist; Don Ten Kate, Working Supervisor; Larry Salmi, Heavy Equipment Operator; Cindy Vicedomini, Court Clerk Absent: Councilman Will Burbank Support Staff: Judith C. Drake, Human Resources Manager Others Attending: Paul Tunison and Larry Parlett, SCLIWC Call to order: 12:05 p.m. Agenda item #2: Review of minutes of September 11. 2002 meeting: Approved as read. Agenda Item #3: Persons to be heard: ( > None. Agenda Item #4: Personnel Manual - Comments: Judy Drake distributed a list of questions, which also contain her responses that came down from Bolton Point (attached). The Personnel Committee reviewed and discussed the questions and answers. Additional comments by the committee: 1. Judy added that the employee remains an "at will" employee through their six month probation period. Judy also stressed that during this time period it is very important for department heads to make some final decisions. In addition, the Town (department head) does two performance appraisals during this time. One at three months and the other at six months. If a person is permanent and accepts a promotion they have to go through an eight-week probation period. If the employee is unable to meet the positions standard during the eight-week probation, they can go back to their previous position. The six months a person must.id' wait before utilizing vacation should not be confused with the six month probation period. Paul Tunison asked if six months probation is optional. For example, a person has been working on a ( ' Draft Draft Draft provisional basis for a year and the civil service test comes up. Do you have to wait the six months probation before they attain permanent status, especially If they have already proven over the past year to be a good employee? Judy explained that the Town policy is to wait the six months, but you don't have to. For civil service there is a minimum of eight weeks and a maximum of 26 weeks for probation periods. Bill Lesser agrees with the Town policy of an across the board six month probation period for all employees. Otherwise, it becomes personal and you are making a prior judgment if you decide to abbreviate the probation for some employees and not others. 2. Cathy Valentino commented that in the past supervisors believed there was an agreement for the employee to receive compensatory time instead of overtime, only to have the employee dispute that there was an agreement. It's best to have in writing to eliminate any misunderstanding in the future. Paul asked if during any particular overtime incident can the employee choose to be paid overtime even if there is a signed agreement on file? Judy responded, "Yes". 3. Bill Lesser asked if something like this should be witnessed. The concern being that the employee can say that they never saw the disciplinary warning \ or performance review. Judy believes it's not always convenient to find a witness. Larry Parlett stated that it wasn't uncommon, in his previous employment, if someone refused to sign he would pull somebody in and say, "I need you to sign, just attesting that this person has had the opportunity to sign and they choose not to". That's all they would witness. 4. No additional comments. 5. Judy further explained that if someone was suspended for six months, we would be into a section 75 disciplinary action and lawyers would be involved. Accruals would then be addressed at that time. 6. No additional comments. 7. No additional comments. Some of the other comments/questions received are: 1. Smoking should not be allowed in any Town vehicle. The smoke smell lingers behind and is horrendous for non-smokers. Judy commented that this has come up in other emails. At Cathy's request, Judy read the smoking ^ policy to the committee. Cathy agrees that the lingering odor is unpleasant but does not believe that the smell can be considered unhealthy. Unlike, actually being present when someone is smoking. Cathy puts forth that there Draft Draft Draft f are many unpleasant odors that linger in a car from time to time. Judy recognized that if Highway personnel are out in the middle of the night doing a long plow, this just might be what is keeping them awake and alert. Bill Lesser agreed. He continued that we all know smoking is not good for you, but if people choose to smoke and we asked them to work extra hours, it can be difficult for them to work a number of hours and have their smoking restricted. Judy stated as long as we don't have an issue of a non-smoker not being able to say, "I don't want you smoke", then the policy should be okay as written. Larry Parlett commented that a few people have asked him what the paragraph means. Will it change the meaning of the two sentences if you removed the words "or in ones own designated vehicle"? Committee agrees to strike out the words "or in ones own designated vehicle". 2. There was a question about birthday time off. This does not appear in the Personnel Manual since it is not a "policy", but rather a Town Supervisor discretionary benefit. 3. Page 12, Section 5, Sexual Harassment Policv. #2. Received a question whether this includes stick on girlie calendars for official vehicles and if this is not followed by policy then the Human Resource person should check all Highway vehicles. Judy believes this is a little beyond her capabilities. She contacted Highway Superintendent, Fred Noteboom regarding this matter. ( Fred does occasionally go through and make sure this type of material is not up. When we go through the training on this, we'll remind people this material is not acceptable. 4. A request was received to increase personal days from three days to five. Please. Bill Lesser asked where three days came from. Is it standard and is it in the Bolton Point union contract? It is standard and is in the union contract. Cathy also points out that personal days are not intended to be used like vacation or sick days, but should be used to attend to the things that you can not take care^during non work hours. Cathy goes on to say that based on all the improvements and benefits that the Town has made over the past few year's for the employees, she does not want to recommend this to the Town Board at this point. Larry Parlett explained the "Perfect Attendance Day", which is provided by the hospital. If you don't call in sick for the year, you receive a peiiect attendance day. Cathy said that our perspective is "we don't want you showing up if you are sick". Dani Holford asked if Bereavement was ever five days and switched to three days. Nope. It has always been three days. Draft Draft Draft Judy explained that Tompkins County rolls any unused personal time Into the employee's sick time at the end of the year. The committee agrees that this may be an Incentive for employee's not to "rush" to use the personal time by December 31 There may even be a financial benefit to the Town. There may be less of an Influx of personal time being paid out at the end of the year. The committee agrees to send this to the Town Board as a recommendation. DanI questioned the requirement of asking for prior approval when using personal time. Sometimes things like a family emergency comes up and it is appropriate to use personal time to deal with these emergencies. Judy and Cathy agree when there are extenuating circumstances, the requirement would, of course, be waived. Judy also points out that sick time is opened up when an employee needs to care for a sick family member. 5. Another question received was "If somebody comes In and Is violent of nature, how Is this handled"? Judy explained that this technically dealt with under Violence in the Workplace. 6. The final question has to do with the wording on Bereavement Leave. The question has to do with spouse's/partner's immediate family, which is included in the defining of an employee's "immediate family" (parents-ln-law, sons/daughter-ln-law) that allows for three days of bereavement leave. Spouse's/partner's Immediate and non-immediate family is also defined in the "non-Immediate" family of an employee In the section that allows for one day of bereavement leave. Larry Parlett recommends the following to correct the first paragraph: The first sentence should be changed to read, "In the event of a death in an employee's or employee's spouse's/partner's immediate family". And follow through to the second paragraph, first sentence, "For an employee's or employee's spouse's/partner's "non-immediate" family. DanI asked about the equality In the Department Head discretion If a person In one department Is allowed a day leave for a close friend, but a person In another department Is not. If an employee^ feels proper discretion has not been used, they should discuss it with the Human Resources Manager, who will request the Department Head to provide reasonable justification for denying the leave. The next step would be to the Town Supervisor. Agenda Item #5: Securitv Conference Discussion: Cindy VIcedomlnl stated that the one thing that the speaker brought up Is ^ that In all emergency situations, pull the fire The-ftre-alarm first, so you have an emergency crew coming, and then call 911 and let them know what the Draft Draft Draft emergency is. Another thing is the type of fires. There are wood, electrical and flammable liquid fires. There are also three types of fire extinguishers, which she has never been trained on or even made aware of. Cindy believes we should have all three types in Town Hall. Dani, Judy and Cathy believe we do have what are called ABC extinguishers, which can be used to extinguish wood, electrical or flammable liquid fires. There was some discussion of where the extinguishers are located. Judy explained that there are evacuation plans located throughout the building, which indicate where the extinguishers and pull stations are located. Pull stations are usually located by exterior doors. The idea being that on your way out of the building you can pull the alarm. Don Ten Kate stated that Highway personnel have been trained by Kristie Rice in the use of fire extinguishers. Judy explained that there was training sessions scheduled for Town Hall employees, but we can't have them at the Highway at this time due to the construction down there. It is illegal to burn in the city, so we can't have the sessions at Town Hall. Cathy does not believe that the operating instructions on the extinguishers are very complicated, but if you are under stress in an emergency situation you don't want to be trying to read them. It may not be a bad idea to remind employee's to be aware where the extinguishers are and take the time to read the instructions once in awhile, instead of trying to read them under a panic in an emergency situation. Paul Tunison pointed out that there are procedures of how you approach a fire, after you get the extinguisher out and ready to go. Agenda Item #6: Others: None. Adjourned: 1:05 p.m. TOWN OF ITHACA 215 NORTH TIOGA STREET. ITHACA, N.Y. 14850 www.town.ithaca.ny.us Network/Record Specialist Report for Town Board Meeting November 7, 2002 Sept & Oct TOI Web Site Visits 2000 - 1800 - 1600 - 1400 <0 1200 ^ v> >1000 - 0 800- 600 - 400^ 200^ 0 - Services InformationHome Community Web Site A new 2003 Town of Ithaca Budget page is being developed with the help of the Town Budget Officer. The format will consist of easy to read pie charts, explanatory narratives and photos. The page will be posted once the Town Board approves the 2003 budget. Network Town Hall experienced it's first unscheduled network downtime due to a power supply failure in the file server. Staff was without access to their data files, network printers and email sporadically on the first day, and then a few hours on the next morning while the power supply was being replaced. While the server was down for the hardware replacement, additional memory was installed for better file retrieval and storage performance. Although this incident was an inconvenience to the staff, it was still within the Network's Functional Specifications for "Fault Tolerance" or downtime of 48-72 hours for data retrieval and print services. ^Respectfully submitted, 'Jsa B. Carrier-Titti Network/Record Specialist Town Board Meeting 11/7/2002 ^——1 617.20 Attacnnient #13 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ^ART1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) PROJECT ID NUMBER I. APPLICANT / SPONSOR Town of Ithaca 2. PROJECT NAME Ferguson - Agricultural Conservation Easement 3.PR0JECT LOCATION: Town of Ithaca Municipality Tompklns County County 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map East Side of Sheffield Road approximately 285 feet south from the Intersection of Mecklenburg Road and Sheffield Road. Town of Ithaca Tax Parcel No. 28-1-1.3 5. IS PROPOSED ACTION: 13 New □ Expansion □ Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: The Town of Ithaca will be purchasing an Agricultural Conservation Easement on 40.34 acres of Tax Parcel No. 28-1-1.3through the Town of Ithaca Agricultural Land Preservation Program which was adopted In 1999. A 2.01 acre area Isbeing reserved for future development. The parcel consists of approximately 10 acres of woods and shrub growth whichcontains a stream and wet area and Is not actively farmed. The remainder of the property is open field and has beenactively farmed. No buildings, structures, ponds or other improvements are present on the property. The purpose of the easement is to conserve productive agricultural and forestry lands and their associated naturalresources, enable the properly to remain In agricultural or forestry use for the production of food and fiber by protectingin perpetuity its agricultural and forestry values, character, use, and utility, and to prevent any use of the property that^^/vould significantly impair or interfere with its agricultural value, character, use, or utility. \ AMOUNT OF LAND AFFECTED: Initially 40.34 acres Ultimately 40.34 acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 0 Yes □ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)I %/1 Residential | \ Industrial | | Commercial [Agriculture | | Park / Forest / Open Space | | Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) □ Yes 0 No If yes, list agency name and permit / approval: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? □ Yes [^No If yes, list agency name and permit / approval: ^ 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Catherine Valentino, Town Supervisor Date: CaIjU'^^X November 7, 2002Signature. If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. 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) C1. 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. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. The parcel is located within Tompkins County Agricultural District #2. The purpose of the easement (as stated in Part I, question 6) is consistent with the purpose of the Agricultural District. C3. Vegetation or fauna, flsh, shellflsh, or wildlife species, signiflcant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. The easement provides restrictions of activities within 50 feet of a wetland or stream and approval is required for the construction of any new ponds or reservoirs. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. This parcel and the surrounding area is designated by the Town of Ithaca Comprehensive Plan as "Agricultural". The easement is consistent with this designation with the purpose of the easement being to preserve and enhance the agricultural uses. CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. rN 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 CB 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 significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) iireversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. \ Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Catherine Valentino. Supervisor Name & title of Responsible Officer In Lead Agency Signature of Responsible Officer in Lead Agency Preparer'^ignature(If different fr6m Responsible Officer) Signature of Contributing Preparer DATE: November 7, 2002