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HomeMy WebLinkAboutTB Minutes 2004-02-09 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY , FEBRUARY 9 , 2004 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 — Greg Kirkpatrick 5 . PERSONS TO BE HEARD 6 . 6 : 15 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 older" 7 . SEQR regarding " 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" 8 . Consider adoption of 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" 9 . 6 : 30 p . m . - Public Hearing for a " Local law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons of Limited Income with Disabilities" 10 . SEQR regarding " Local law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons of Limited Income with Disabilities" 11 . Consider adoption of " Local law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons of Limited Income with Disabilities" 12 . 6 : 45 p . m . - Public Hearing for a Local Law Amending and Restating the Town of Ithaca Sewer Rent Ordinances and Related Local Laws 13 , Consider Adoption of Local Law Amending and Restating the Town of Ithaca Sewer Rent Ordinances and Related Local Laws 14 . 7 : 00 p . m . - Sketch Plan Presentation for Sky Gardens Condominiums 15 . Consider Special Town Board Meeting for February 26 , 2004 16 . Consider Setting Public Hearing for February 26 , 2004 to Consider Aris Development Rezoning Request for the Overlook at West Hill Project 17 . Consider Setting Public Hearing regarding Local Law regulating Personal Watercraft 18 . Consider Setting Public Hearing to Amend Traffic Ordinance to Include Stop and Yield Signs in Southwoods and Saponi Meadows Subdivisions 19 . Consider Approval of Bid Specifications and Authorization to Go to Bid for Sewer Jet Rod and 2 Generators 20 . Consider School Zone Speed Limit Request 21 . Discussion of Hannah Pew Trail 22 . Discussion of Tutelo Park 23 . Discussion of Proposed Dedication to the Town of Glenside Park F 24 , Acknowledge Retirement of Justice Bordoni 25 . Consider Appointment of Interview Committee for Interim Town Justice 26 . Consider Appointment of Interview Committee for Town Historian 27 . Consider Approval of Annual Reports of the Town Justices 28 . Consider Approval of Annual Reports of Town Officials 29 . Consider Authorizing Supervisor to sign Inter-governmental Agreement Excluding Certain Local Planning and Zoning Actions from Tompkins County Review 30 . Consider Amending 2004 Budgeted Revenue Resources in the General Townwide Fund and the Part Town Highway Fund 31 , Consent Agenda a . Town Board Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract d . Attendance at Water Treatment Grade IIA e . Records Management Day — February 27th f . Authorize Hiring Planning Intern g . Approve Records Disposition h . Spring Bush & Leaf Pick Up 32 . Report of Town Committees a . Agricultural Land Preservation Advisory Committee b . Capital Projects and Fiscal Planning Committee c . Cayuga Lake Watershed Intermunicipal Organization d . Codes and Ordinances Committee e . Lake Source Data Sharing Committee f . Personnel Committee g . Public Works Committee h . Recreation and Human Services Committee i . Recreation Partnership j . Records Management Advisory Board k . Safety Committee I . Sewer Joint Committee m . Sewer Contract Committee n . Southern Cayuga Lake Intermunicipal Water Commission o . Transportation Committee 33 . Review of Correspondence a . 1 /6/2003 NY Times Article With Diseased Animals, Disposal Isn 't Simple b . 1 / 13/2003 Memo from Tompkins County Board of Elections re Primary c . 1 / 16/2003 Letter from Department of Assessment re Local Advisory Board of Assessment Review d . Letter from Municipal Electric and Gas Alliance e . 2/ 1 /04 Email from Bill Brothers re Watercraft Legislation f . 2/ 1 /04 Email from Greg Ezra re Watercraft Legislation 34 , Consider Executive Session for discussion of contract negotiation 35 . Consider Adjournment TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET BATE : Monday , February 09 , 2004 (PEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION cttv1 C i tFAt- Q `r, ` : (> ^�� I mac, c, .- � ' ' s� 3. .. l C ' vp J AV f l9 1x4e,,,c .J(, / l 1 ` ~ 1 / y r, c� z3-2L - 1 �, 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 and 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 ON FEBRUARY 9 , 2004 AT 6 : 15 P . M . REGARDING A LOCAL LAW INCREASING THE INCOME LIMITAIONS FOR THE PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 OR OLDER Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , New York 14850 e of Posting : JANUARY 22 , 2004 Date of Publication : JANUARY 24 , 2004 \A 1 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 , 7 day of '�- 2004 . Notary Public v ; LORI L. QUIGLEY Notary Public, State of New York No, 01 QU6012333 Oualified in Tompkins County Commission Expires August 20, 2 l -- PUBLIC HEARING TOWN OF ITHACA r t NOTICE IS HEREBY GIVEN that the Town Board of the f Town of Ithaca will hold a t public hearing at Town Hall, 215 North Tio3a Street, Ithaca, New York on Mon- . 6: February 9, 2003 at 615 p. m , regarding a Lo- col Law Increasing the In- come Limitations for the Par- tial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are 65 years of age or old- er. At this time the Town Board will hear any individ- uals in favor of or opposed to said local law. FURTHER NOTICE IS GIV- EN that individuals with vis- ual or hearing impairments or other special needs will t be provided with assistance c as necessary upon request. s Persons desiring assistance t must make a request to the I_ Town Clerk not less than 48 F. hours prior to the time of the C public hearing. it Dated: t January 22, 2003 c Tee-Ann Hunter c Town Clerk F January 24, 2004 r Anil 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 and 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 ON FEBRUARY 9 , 2004 AT 6 : 15 P . M . REGARDING A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 OR OLDER Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , New York 14850 to of Posting : January 22 , 2004 Date of Publication : January 24 , 2004 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 day of r� � -t - � " , 2004 . i Notary Public b L. a of Notary LORI State New York 4ualified 01 omspk ns County Commission Expires August 20, 20 1 PUBLIC HEARING TOWN OF ITHACA NOTICE IS HEREBY GIVEN that the Town or of the Town of Ithaca will hold a public hearing at Town all 215 North Tio3a Street, Ithaca New York on on- 6- 1 , February 9, 2003 at 6: 5 p. m. regording a Lo- cal Law Increasing the In. come Limitations for the Par- hal Tax Exemption for Real Property Qwned by Persons 4qp � P, with Limited Incomes who d are 65 years of age or old- )n er. At this time the Towr. Board will hear any individ- o' uals in favor of or opposed of to said local law. FURTHER NOTICE IS GIV- ns EN that individuals with vis- at ual or hearing impairments ,t or other special needs will is be provided with assistance e as necessary upon request. n Persons desiring assistance e must make a request to the Town Clerk not less than 48 3 hours prior to the time of the public hearing . Dated: f January 22, 2003 Tee-Ann Hunter Town Clerk - January 24, 2004 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 and 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 ON FEBRUARY 9 , 2004 AT 6 : 45 P . M . REGARDING A LOCAL LAW AMENDING AND RESTATING THE SEWER RENT LAW FOR THE TOWN OF ITHACA Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca, New York 14850 to of Posting : January 26 , 2004 to of Publication : January 26 , 2004 L 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 ,_ day of = , 2004 . Notary P .11 ic Notary pOb IL. QUIGLEy State of New York Qualified 19l 06012333 Commission Expires Akins County gust 20, 2040(X NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Ithaca at 215 North Tioga Street, Ithaca, New York, on the 9th day of February 2004, at 6:45 p.m . concerning a proposed local law amend - o and restating the Sewer Rent Law for the Town of Ithaca, which law, among other matters, sets forth the amounts paid in the Town by Properties connected to the Town's sewer system for use of the sewers, sets forth certain provisions relating to the collection of sewer rents including the right to levy ' unpaid sewer rents as un- paid taxes, and sets forth certain administrative and other provisions related to sewer charges and use of sewers. At that time the Town Board will hear any person inter- ested in such local law. Copies of said local law are available for review at the Town Clerk's Office at the above address during nor. mal business hours of the Town Clerk. Individuals with visual or hearing impairments or oth. er special needs will be provided with assistance as necessary, upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48, hours prior to the time of the public hearing . Dated: January 26, 2004 Tee-Ann Hunter Town Clerk, Town of Ithaca 1 /26/04 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY , FEBRUARY 9 , 2004 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NY 14850 • PRESENT : Supervisor Valentino ; Councilwoman Grigorov ; Councilman Lesser; Councilman Burbank ; Councilwoman Gittelman ; Councilman Engman ; Councilman Stein STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Attorney for the Town ; Dan Walker, Engineer; Jon Kanter, Director of Planning ; Fred Noteboom , Highway Superintendent ; Al Carvill , Budget Officer; Judy Drake , Human Resource Manager; Andy Frost , Director of Building and Zoning OTHERS PRESENT : Joel Zumoff , City of Ithaca Common Council ; Kathy Luz Herrera , Tompkins County Legislature ; Terrance McGuinness , City of Ithaca resident ; Greg Kirkpatrick , Board of Fire Commissioners ; Doria Higgins , 2 Hillcrest Drive ; Isabel Raiklin , 249 Troy Road ; Scott Wiggins , 969 Taughannock Boulevard ; Richard Thaler, Thaler and Thaler Attorneys at Law ; John Rancich , PO Box 547 ; Ryan Sherry , 87 Griffin Road ; Katrina Thaler, Thaler and Thaler; Debi Appleton , 205 Spruce , Newfield ; Bill Goodman , 231 RC Way , Ithaca CALL TO ORDER Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No. 3 - Report of the Tompkins County Legislature Kathy Luz Herrera appeared before the Board with the report from the Tompkins County Legislature . Ms . ` Luz Herrera told the Board the County was holding three Assessment Process Introduction Meetings : one happening tonight at Health and Human Services from 7 to 9 ; one at Lansing Town Hall from 7 to 9 on Tuesday , February 24th ; and one Monday , March 8 from 7 to 9 . Ms Luz Herrera reported the Legislators got their new committee assignments , and the County passed higher income limits for property tax exemptions for seniors and those that are disabled . Regarding proposals from the Governor' s budget , Ms Herrera reported some increased mandates being passed down . The proposed shift of Temporary Assistance to Needy Family Funding redirects it to a block grant and would be a shift from counties to the state of 64 million . That shift could have a negative impact on the County and it is something they are • watching carefully . The County has heard from the Commission on Corrections that they are not happy with the County' s proposal for 104-bed jail . They think a minimum of 160 beds is necessary , especially with the expected reforms of the Rockefeller drug laws local jails will have to house more inmates . Some see this as another unfunded mandate . The cost of the proposed 1 Regular Town Board Meeting February 9, 2004 Approved March B, 2004 public safety building was supposed to be 15 . 8 million and the public, safety committee is looking at that . The expanded anti -discrimination law will be voted on at the next meeting of the legislature . There will be a public hearing ahead of time . It will add gender identity and expression to the existing anti -discrimination legislation . Mike Koplina- Leahr , Chair of the Budget Committee , has convened a community group to advise the County on the budget process . The committee will be meeting six times and they are expected to report to the Legislature in June . The group includes business owners , CEOs , and representatives of not for profit corporations . Supervisor Valentino stated that she was on the committee . Councilman Burbank questioned Ms . Luz Herrera regarding the property tax relief for seniors stating one issue that has arisen is a concern if this really is a group that is in most of need of relief . He wondered if that kind of discussion happened at the County level . Ms . Luz Herrera replied that it had stating there were some who contended the relief isn 't targeted well enough . Although it can attempt to make the property tax more responsive to income it can 't be specifically targeted because after all some people are in positions .where they can make contributions to IRAs and use other ways to make their income levels qualify for the exemption . Ms . Luz Herrera stated , however, it was her feeling that the rise in assessments coupled with the rise in the tax levy represent a danger to some s�; niors and disabled persons of actually losing their home . As an example , she told the board that she would be paying $400 a month in taxes . If she were to retire right now , it woulc be a significant amount of money to come up with on a fixed income . It was the County Board ' s belief that even though there might be some people who would find a way to make themselves qualified for this although they weren 't in dire financial need , enough people would be aided by this that it is worth it . Ms . Luz Herrera felt it was better to err on the side of helping people . There are other exemptions that Ms . Luz Herrera would put under more scrutiny . She told the board that she serves on the IDA and they recently changed the assessment exemption formulae for businesses that apply to them . It is a more progressive formula , and it is Ms . Luz Herrera 's belief that sticking to the old formula was better because they could make exceptions on a case- by-case basis . Councilman Burbank asked what the financial impact of the exemptions would be . Ms . Luz Herrera thought the overall impact was something like $97 , 000 . Ms . Luz Herrera reported that Mike Stamm with Tompkins County Area Development is very optimistic about possible upcoming projects . There ' s a possibility that they might be able to " borrow" some Empire Rights from Schuyler County . Agenda Item No. 4 — Report of Fire Commissioners ( Attachment # 16 ) Mr. Kirkpatrick appeared before the Board and presented the monthly report . OTHER BUSINESS 2 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 City of Ithaca Common Council Common Council members Pam Mackeasey and Joel Zumoff appeared before the Board to express that they were looking forward to working with the Town Board and coming to agreement on a lot of issues of mutual interest . Ms . Mackeasey stated she looked forward to an era in which the City and Town can work together in a productive and collegial way . Supervisor Valentino told Ms . Mackeasey and Mr. Zumoff she shared that hope and stated she had had conversations with the Mayor and Ms . Mackeasey and it felt good to have such open and frank communication . The Board thanked Ms . Mackeasey and Mr. Zumoff for coming . Fran Benedict Supervisor Valentino reminded the Board of a request by Mr. Benedict for the Town to share the cost of drainage work done on his property and the Board ' s decision that this was not a Town responsibility . The issue was , however, sent to the Public Works Committee for their review and recommendation . The Public Works Committee concurred that the Town does not have any responsibility . Mr. Burbank stated for the benefit of the new board members that Mr. Benedict' s house is just over the line , in the City, adjacent to a water tank owned by the City , and a pump station operated by the Town : ' Mr. Benedict' s assertion is that in the process of building the pump station the water flow .underneath the street had changed causing erosion in his yard . Mr_ Benedict chose to have the water channeled at a cost of about 6 , 000 . Mr. Benedict came to the Town to ask if the Town would pay 1 /3 of the cost . Supervisor Valentino the Public Works Committee looked carefully at the situation and determined the Town was extremely careful that they did not do any damage there to plug the culvert . In fact , the Town did some things to make the situation better. Councilman Stein asked if his recollection that there was no disinterested party who asserts that the Town has responsibility or liability was correct . Supervisor Valentino told him that recollection was correct . TB RESOLUTION NO. 2004-012: Decline Paying for Work Commissioned bV Fran Benedict BE IT RESOLVED that , based on the research done by the Town Board and by the Public Works Committee , the Town of Ithaca does not have any responsibility for paying one-third of the bill for the work Mr. Fran Benedict commissioned and respectfully declines to pay a portion of that cost . • MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman 3 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Ms . Drake asked why the claim was not turned into insurance ? Supervisor Valentino told that it wasn 't in the Town of Ithaca , it was work Mr. Benedict did privately , and it wasn 't anything that we would have our insurance company pay . Bolton Point Prepays Supervisor Valentino reported the Southern Cayuga Lake Intermunicipal Water Commission had discussed authorizing General Manager Paul Tunison to sign prepays . Currently Bolton Point staff is driving checks for expenses that can be prepaid back and forth between Bolton Point and Town Hall for Supervisor Valentino ' s signature . Peter Stein asked Ms . Valentino to explain a prepay . She told him a prepay is a list of things that the Commission has specifically contracted for (already approved) , or bils for utilities such as electricity or telephone . Prepays do not include any equipment or capital costs . TB RESOLUTION NO. 2004-U13 : Authorization for General Manager of the Southern Cayuga Lake Intermunicipal Water Commission to Sign Checks RESOLVED , that Paul ' unison , as General Manager of the South Pn Cayuga Lake Intermunicipal Water Commission (" SCLIWC") be authorized to sign checks c n the bank accounts held for the benefit of SCLIWC for the purpose of " paying rou . ine , reoccurring expenses such as utilities , previously approved contractual expenses and similar types of expenses , prior to approval by the Town Board provided that the General -Kinager provide a list of the checks issued including date , check number, payee and amount to the Town Board at its next regularly scheduled rneeting . MONIED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Phosphorus Removal Project Supervisor Valentino reminded the Board of concerns they had regarding authorizing the Town ' s share of expenditures for the Phosphorus Removal Project and the resolution they passed requiring proof of the signed contracts with the State regarding grant money that was financing the project . She reported that the City mistakenly awarded the bids prior to getting the final grant documents . At the first meeting of the Special Joint Committee (which prior to the December 31 , 2004 sewer agreements was the Special Joint Subcommittee ) , Larry Fabbroni reported that the contracts had finally been approved and were in the State Comptroller' s Office and asked if the Towns of Ithaca and Dryden would allow the City to award the bid contract . Supervisor Valentino stated she had called Susan Moore in the New 4 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 York State Department of Environmental Conservation for confirmation that the contracts had been signed . Ms . Moore checked on the status of the contracts and returned Supervisor Valentino ' s call two days later stating the contracts were through the Comptroller' s office and were on their way to the City of Ithaca . Supervisor Valentino reported for the record that she • had called the Board members to let them know the contracts were en - route and to ask their approval to allow the City to award the bid . Supervisor Valentino stated that supposedly the bids have been accepted and they can move forward on the project . Agenda Item No. 5 — Persons to be Heard Isabell Raiklin , Town of Ithaca resident Ms . Raiklin appeared before the Board regarding a proposed ordinance regulating watercraft . She commented as follows : I wanted to say that I am hoping that when the Town of Ithaca has a chance it will vote to set a 500 foot leeway for the personal watercraft as opposed to the 250 foot one. Some of the reasons that I 'm citing for that are, one, the noise. When I was looking to buy a house in Ithaca I , actually decided not to look down by the lake because of the noise of the personal watercraft actually detracted from the enjoyment of being there. When I 've been at other people 's houses who live all the way by the road you can still hear the jet skis and motor craft. It's rather unpleasant. Also, I spend a lot of time at the parks along the lake. Not only do you have to listen to the watercraft but there 's also the smell of the pollution from them and perhaps if they stay a little farther from the shore that might be a little better. Lastly, I wanted to note the safety issue, that it really doesn 't make sense if you have the opportunity to regulate 500 feet, where we could be protecting more swimmers at this point, it seems logical to do that instead of waiting until someone is injured and then saying, "Oh well, we wish we had", and then having to do it at that point. So, I 'm putting in my two cents hoping that we will take the lead in the 500-foot thing for the watercraft. Scott Wiggins, Taughannock Boulevard resident I am the chair of the Strategic Tourism and Planning Board for Tompkins County, but I 'm here in a personal capacity. I do believe strongly that all watercraft should be regulated on Cayuga Lake, particularly personal watercraft. There is a noise issue. Do you want a motorcycle driving back and forth in front of your house on a regular basis ? You wouldn 't enjoy that. We don 't. But there 's a safety issue as well. As much as we can restrict from the shoreline, both boats as well as personal watercraft, I think there is a value to tourism, there is a value to the quality of life for residents, and there 's certainly a safety issue. I would certainly encourage you all to be as restrictive as possible, not only in personal watercraft but other types of watercraft close to shore. Mary Shelly, 109 Park Place, City of Ithaca I 'm an Ithaca resident and I have property in the Town of Ulysses on the lake. Until I had that property I didn 't actually realize how bad it was out on the lake. I 'm a canoer and a swimmer and there have been a few instances where I 've felt extremely endangered by close moving boats and I do think it should be motor boats and jet skis, 1 think it is a stronger law that way 5 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 because people are as much at risk from motor boats as from jet skis. I 'm also an associate member of the Water Resource Council, but I 'm not coming representing that it's just that I 've had a lot of familiarity with the issue. I think the Lansing law is pretty good. I think with a few small changes it could be a much better law, particularly with the 500-foot limit because the 250 foot limit addresses safety in a lot of ways but it doesn 't address noise and the only way you can cut down noise on the water is pushing fast moving traffic further out and slowing down the rpms, which is fast moving means high rpms so the more you move it out the better. When the waterfront revitalization plan was holding public hearings for people 's comments on concerns on the lake, one of the biggest issues was noise. So the 500-foot limit would address that. My hope is that the Town would make some small changes to Lansing 's law and then that Lansing would come into line in the interest of having a consistent law countywide. I do have a few other concerns besides the 500-foot limit. One is the Lansing law would allow minors to operate within 300 feet of an adult. Theoretically an adult could be on shore say at Taughannock with somebody out there 300 feet, there 's no way they could supervise. I mean they could yell all they want, but it's totally out of, they can 't supervise. I 'd like to strike that one and just leave it the way it is right now. New York State Navigation Law requires you either have somebody on the boat with you. Supervisor Valentino — Maybe you can help clear this up for me. I was going to ask Peter Meskill today but it was one of the things I forgot. It seemed to me that this law was actually a little more restrictive than just letting 10 year olds be out there driving boats that they have to have somebody close by. When we work through the law and look at that I think we need to, because I agree with you, kids shouldn 't be out there. My understanding was that the Lansing law actually stronger than the state law. Ms. Shelly — Well, the way it is written is or, or, or. Either somebody on the boat with you, or having taken a boater's safety certificate, or being within 300 feet. If it said and, and, and that would be different, but it's or, or, or. Another concern is around water-skiers taking off through that slow speed zone. You 'd have people getting used to the idea that it's a slow traffic area and then you might have water skiers going parallel to shore up the lake. If you 've ever been in a boat with water skiers, they're supposed to have a spotter, but oftentimes everybody is looking at the back particularly is somebody is doing some sort of. . . Gittelman — I saw the thing about the boats taking off with water skiers from the land. Do water-skiers also take off from the water, can they take off from the water. Shelly — I think that some people find it convenient to take off from their dock or if they don 't have the body strength to pull themselves into the boat, they might want to go from the shore. But it does present kind of a risk to people in that zone. Stein — Even if they're going slowly? • Valentino — You can 't really go all that slow if you 're trying to get up a water-skier. Shelly — You have to go at a certain speed to water ski, they can 't go slowly. If they could, that wouldn 't be a problem. 6 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Valentino - They have to have a sufficient speed for the water skier to get up. Lots of times they go from shore and a dock when they are teaching people how to ski because it's pretty hard to get up out in the middle of the lake. Shelly — So that buffer zone would also benefit people fishing too. My final comment is I 'm concerned about if there 's talk of revisiting this, establishing a law and revisiting it instead of getting the right law to begin with because it will never be revisited when you think about it practically. Burbank — one counter concern is the fact of having several different standards and the enforceability. There 's a great virtue to having the entire County have the same thing which is, I think, what's pulling us to think about the Lansing model. Do you think it would be enforceable if there were, in fact, a separate standard for say the Town and the City and that Lansing had a Shelly — No, I think it should be all the same law. It would be confusing otherwise. But what I am arguing is that Burbank — We don 't have the ability to control Lansing Valentino — Or Ulysses, or the City Shelly — But, you know, with a few changes the Lansing law, everybody might come along. I don ' that Lansing wouldn 't make a few changes like, or, or, or Grigorov — 250 to 500 Shelly — I know that's a difference, but the idea is already in place so I 'm just hoping that there could be a Valentino — I talked to Peter Meskill earlier today and he certainly said it would be a lot easier if it were consistent. The reality is that we 're probably going to get very little sheriff patrols out there . They have a boat, but they don 't have any people to man the boat. So it's kind of iffy if there will be much happening under the law anyway. So, I sort of agree with you, we should try to put together the best law that we can. Shelly — I think that most people want to obey the law and most people do go out to 500 feet to speed up. There is the problem of how do you tell where 500 feet is. We should probably have countywide contest of who gets closest to 500. 1 think it has to come down to education. Valentino — Most people are law-abiding citizens so if there is a law there they are going to try to comply with it, but you 're going to have a few that probably won 't. Shelly — But think about it how it is right now. There is no speed limit, now Lansing has set a 250-foot zone and at that people can go 45 miles an hour. In a boat, 45 miles an hour is incredibly fast so it might actually create a situation where people used to kind of try to be 7 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 careful, now they know they can go 45 miles and hour with 250 feet and they are going to tend to go faster. Maybe that's worse. That 's my concern. Lesser — Can you tell me how wide the lake is say at East Shore Sailing ? Shelly — I think it's about a mile and a third. It's not saying motorboats can 't be in there, it's just saying go slow. Lesser - I understand. Terrance McGuinnes, City of Ithaca resident I serve with Mary on the Water Resource Council subcommittee that looked into this issue. Agenda Item No . 6 - Public Hearing for a " Local Law Increasinq 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" Supervisor Valentino opened the public hearing at 6 : 16 p . m . The hearing was posted and puUished as required . PERSONS TO BE HEARD (continued) Terrance McGuinnes (continued ) I think a big change to the recommendations that we made to the Water Resources Councils was that it was no longer called the jet ski committee it is ali recreational watercraft that are going to be regulated. That was a big to-do. I haven 't seen your version of the law, but I assume it is just like Lansings. Valentino — We don 't have a version . We 're using the Lansing as sort of our starting point. McGuinnes - I think the one thing that is missing from there that we addressed late in our report was that as of 2004 all personal watercraft operators have to take the New York State boating certification program, but that's not true of all motor boat users. The only people who need get the boating certification on a motor boat is if you 're between 10 and 16 so you can be a licensed and you can hop into a boat with no experience whatsoever and go tearing across the lake. If you 've never been a boat you can open up that throttle and gun it across the lake. I think the one thing that should be added to the law is going to the State and lobbying them to make all watercraft users take the boating certification. Like I said, all personal watercraft operators as of this year and from now on, anybody no matter what your age what your experience, you have to take that course and that education goes a long way. It's an 8-hour course. There 's a lot of information that they give you, here 's the booklets that they hand out. And there is a law in place that New York State already has restricting speed and that's from 0 to 100 feet out to shore you can only travel at 5 miles an hour and then there 's some other restrictions if you 're near a marked swimming area and what not. Ands I think if more boaters are made aware of what the laws actually are, I think that would go a long way in making the lake safer. And addressing a couple other issues here as well, the 8 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 noise issue that keeps coming up, New York State navigation law section 485 was amended in 1991 that sets a maximum decibel level for watercraft and all personal watercraft have met that decibel level. They've become so quiet. I 'm a personal watercraft owner and my wife was pretty much dead set against them, but when she found out how quiet they are and how tcleanly they burn their fuel now because the engines in the personal watercraft they're either fuel injected two stroke engines or four stroke engines which means that the old two stroke engines, like what the sheriff's boat used to be, but I guess they got a new one this year, those were pretty polluting. But the newer engines the fuel goes right into the engine itself, it's now spilled out into the lake. So that's gone a long way in making it cleaner and they're quieter. Peter Stein — When we pass our legislation, do we have the right to demand that everyone be a licensed driver so to speak. Or do we have to lobby the state to change the law. McGuinnes — You have to lobby the State. The one thing about Cayuga Lake, it 's a federal waterway because the U. S. Army Corps of Engineers dredges the inlet and so the State navigation law section 46 states that local municipalities or the county can regulate up to 1 , 500 feet from shore, but after that it's federal waterway and so, as a personal watercraft user you can 't restrict me getting out to that lake, which is why you can 't ban personal watercraft altogether. And the water skiing issue too, it's a lot easier to start closer to shore because there 's few waves. If you 're out in the middle of the lake you 're just bouncing around and you 're pretty much going to tumble over. Barney — The speed limit, is that in the navigation law ? Valentino — 5 miles within 100 feet of shore is part of the navigation law already. Agenda Item No . 6 = 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 older" (Attachment #2 — copy of Local Law) There was no one present to address the Board . Supervisor Valentino asked Mr. Carvill how much the exemption would cost the Town in lost tax revenue . Mr. Carvill stated that the total Town assessment is $835 million plus , 7 . 7 million of that qualifies for the tax exemption and that clocks out to $9 , 745 . Senior Citizen only , a little under 1 % or a penny on the tax rate . Our current tax rate is $ 1 . 26 . This would add a penny to that tax rate . This is the gross figure . Supervisor Valentino closed the public hearing at 6 : 20 p . m . TB RESOLUTION NO . 2004-014 : SEQR : 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 (Attachment #1 —SEQR) 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 9 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 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 February 9 , 2004 , 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 : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Ms . Hunter distributed a memo to the Board emailed earlier that day from Councilman Engman . (Attachment #3 — Memo from Herb Engman regarding real estate tax exemptions) Mr. Engman told the board he had done some research on the senior citizen tax exemption issue . Mr. Engman stated his findings that senior citizens now are the best off group in our society . There is no other age group that is better off than senior citizens . Mr. Engman asked the board to understand what they were voting on , stating senior citizens as a group are no longer those most needy in our society and needing tax relief . He stated what he would like to see the Board do is become advocates for all the low- income people to have the property tax relief . Referring to his memo , Mr. Engman stated that there are a lot of young people working at very low- income jobs and yet they are not eligible for these tax relief programs . Among the senior citizens you have not only this program , but you also have the Star program , which has higher levels for senior citizens , you have clergy and veterans exemptions and that can be added to both this exemption and the Star exemption . In reality , seniors have a lot of options in terms of lowering their property tax base . Plus there are a lot of other special subsidies to seniors in need including what is listed in my memo . Councilman Engman stated he was not arguing against adopting the bill tonight , but was saying that he hoped the Town would become advocates for all low- income people to get property tax relief and not just one age group . 10 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Agenda Item No 9 - Public Hearing for a " Local law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons of Limited Income with Disabilities " Supervisor Valentino opened the public hearing at 6 : 30 p . m . Ms . Hunter stated the meeting ® had been posted and published as required . There was no one present to address the board and Supervisor Valentino closed the public hearing at 6 : 31 p . m . Agenda Item No 6 - 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 Vears of age or older" (continued) Councilman Lesser remarked that the proposed legislation was targeted to low income , not the average income senior and if the individual is at the level of income indicated in the legislation , they need the little bit of relief they can be given . Regarding helping other classes , Councilman Lesser asked how effective it is to reduce property taxes among a class of people who very likely don 't own their own homes . If the Board is trying to help a younger segment of the population , and we could probably check , but a younger set of the population are probably predominantly renters rather than owners . It seemed to Councilman Lesser the relief we should be talking about is affordable housing . That is the direct way that we can assist those people . Supervisor Valentino asked Mr. Kanter if we were getting statistics from the U . S . Census that could provide some of this information . Mr. Kanter stated that we are . Mr. Engman remarked that we have 8 to 10 thousand people commuting into Tompkins County every day and part of the reason may be that they can 't afford to have a house in Tompkins County . Having an exemption that applies both to seniors as well as other age groups might be a wise public policy decision . Peter Stein commented that there was nothing we could do about that ; it is not in the Board ' s purview . Mr . Engman commented that we can always be advocates , advocate with our State legislators . Councilwoman Gittelman felt that a lot of people might be commuting because rents have gone so high , not because they couldn 't own a house , which again goes back to affordable housing . Mr. Kanter stated that he would be attending a workshop on affordable housing on February 12'" sponsored by the Tompkins County Foundation and the Chamber of Commerce . • Mr. Engman stated the whole idea of fixed incomes is not true anymore . Social security and other public sector retirement plans are indexed to inflation . Supervisor Valentino responded to Councilman Engman stating she has heard from people who get social security checks and they end up with less money after they've gotten the cost of living adjustment because of the Medicare increase . 11 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Mr. Engman stated those that are on State and Federal retirements have increases . There ' s very little fixation left unless you have a private company retirement that had a fixed amount at the beginning of your retirement and continues that way till you die ,. The rest of them are not fixed . Mr. Stein commented that fixed income is usually interpreted to mean , not working . Councilman Lesser concurred . TB RESOLUTION NO . 2004-015 : Resolution Adopting "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 " 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 February 9 , 2004 at 6 : 15 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 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 SEAR , 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 EXE= MPTION 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 . MOVED : Councilwoman Grigorov SECONDED : Councilman Burbank Roll Call Vote : Supervisor Valentino aye Councilwoman Grigorov aye 12 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Councilman Lesser aye Councilwoman Gittelman aye Councilman Burbank aye Councilman Stein aye • Councilman Engman aye Agenda Item No 9 - Public Hearing for a " Local law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons of Limited Income with Disabilities " TB RESOLUTION NO 2004-016 • SEAR : Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Disabled Persons with Limited Incomes (Attachment #4 — SEOR) WHEREAS , this action is the enactment of a local law increasing the income limitations for the partial tax exemption for real property owned by disabled persons with limited incomes ; 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 February 9 , 2004 , 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 Burbank SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; • Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO 2004-017 : Resolution Adopting "A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES" (Attachment #5 — copy of local law) 13 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 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 February 9 , 2004 at 6 : 30 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 OWNNED BY DISABLED PERSONS WITH LIMITED INCOMES " ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law , or any part thereof ; and WHEREAS , pursuant to 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 SEAR , 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 . MOVED : Councilman Burbank SECONDED : Councilwoman Gittelman Roll Call Vote : Supervisor Valentino aye Councilwoman Grigorov aye Councilman Lesser aye Councilwoman Gittelman aye Councilman Burbank aye Councilman Stein aye Councilman Engman aye OTHER BUSINESS Cornell Lab of Ornithology Supervisor Valentino told the Board that Cornell is sponsoring an open house and meeting for local leaders to talk to Cornell on February 25th from 2 to 4 p . m . 14 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Board Room Improvements Supervisor Valentino told the Board that she was working with Joe Hulbert of the Highway Department regarding woodwork to face the boardroom tables . The materials to build the wooden face are estimated to cost around $850 . 00 with another $850 . 00+/- to finish off around the utility boxes and wires . Supervisor Valentino told the Board there would be opportunity for review and approval of the project design . Board Room Sound System Councilman Stein stated that , prior to becoming a board member, he had spent time as a member of the audience and found it difficult to hear and follow the discussions . Ms . Hunter reported that she was aware of the concerns and was working with Sellar Stereo to have an additional speaker mounted in the room that would address the problem . Additionally , the Town will be purchasing a cordless , hand held , microphone for use by people giving presentations . Agenda Item No. 12 - Public Hearing for a Local Law Amending and Restating the Town of Ithaca Sewer Rent Ordinances and Related Local Laws Supervisor Valentino opened the public hearing at 6 : 45 p . m . Ms . Hunter stated the hearing had been posted and published as required by law . There was no one present to address the board regarding the issue and the hearing was closed at 6 : 46 p . m . Board Room Sound System and Presentation of Visuals (continued ) Councilman Stein further commented that attention should be paid to the presentation of visuals so that both board and audience are able to see the materials . Councilman Burbank requested a sign stating that there was equipment available for the hearing impaired . Ms . Hunter stated that she would have one ready for the next Board meeting . Councilwoman Gittelman felt the biggest problem was hearing people who were addressing the Board . Councilman Lesser stated , in facing the Board tables , the Town may want to consider cloth or something sound absorbing as opposed to wood . Agenda Item No. 13 — Consider Adoption of a Local Law Amending and Restating the Town of Ithaca Sewer Rent Ordinances and Related Local Laws (Attachment #6 — local law TB RESOLUTION NO . 2004-018 : Adopting a Local Law Amending and Restating the Town of Ithaca Sewer Rent Ordinances and Related Local Laws 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 February 9 , 2004 , at 6 : 45 p . m . to hear all interested parties on a proposed local law entitled " A LOCAL LAW AMENDING AND RESTATING THE TOWN OF ITHACA SEWER RENT ORDINANCES AND RELATED LOCAL LAWS" ; and 15 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; andl 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 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 is a Type II action , constituting " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment" and thus may be processed without further regard to SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled " A LOCAL LAW AMENDING AND RESTATING THE TOWN OF ITHACA SEWER RENT ORDINANCES AND RELATED LOCAL LAWS , " a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman Roll Call Vote : Supervisor Valentino aye Councilwoman Grigorov aye Councilman Lesser aye Councilwoman Gittelman aye Councilman Burbank aye Councilman Stein aye Councilman Engman aye Agenda Item No. 14 - Sketch Plan Presentation for Sky Gardens Condominiums Attachment #7 — memo from J . Kanter and materials distributed by applicant) Attorney Richard Thaler, Ryan Sherry , and Mr. Aguch appeared before the Board on behalf of applicant John Rancich . Mr. Thaler stated they were before the board to present what it is Mr. Rancich would like to do with 93 acres of land he bought last year. Mr. Rancich has made the application as a multi - residence situation ; however, he would not be adverse to a special land use district as long as there is some input from him and his people . Mr . Sherry told the board the property consists of 93 acres . The lower portion is a 35 - acre parcel the developer has schematically designed for condominium units . They would be 2 and 3 bedroom units . Referring to the topographical map , Mr. Sherry stated the units would 16 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 have expansive views of Cornell University . They are proposing access off Route 79 . It would give Linderman Creek a second means of egress . The Road could possibly be given over to the Town in the future . There are municipal utilizes out there right now ; water and sewer on Route 79 . Mr. Sherry stated that Mr. Rancich wants to build quality units with ® quality materials ; he wants to give people in Ithaca who want to spend a little more for a condominium a great place to live with a club house , some athletics , tennis , swimming , jogging trails , and a beautiful part- like setting . Regarding building materials , Mr. Sherry stated nothing has been selected . Councilwoman Grigorov asked if the plan distributed in the Town Board packet was different from the one being presented to them at the meeting . Mr. Sherry stated that they are working on the plan daily , developing the project into a little more of a park setting . Councilwoman Grigorov stated that there was a lot of open space in their first plan and asked if there was still open space in the plan . Mr . Thaler stated that when Mr. Rancich first bought the property , there was a mining permit that his predecessor had , for gravel . Mr. Thaler remarked that he had encouraged Mr. Rancich not to use the property as a mine , but to use it for something that he and the community could be proud of . Mr. Thaler stated that Mr. Rancich was considering a 9 - hole golf course to go with the project . Mr. Rancich stated that the open space has been shown as agricultural land in some of the plans and as a golf course in some of the plans , a contemplated golf course . Mr. Rancich told the Board he was trying to get the flavor of what he ' d like to do across to the board and at the same time tell the board that he still has a long process . He is not submitting anything for any sort of approval at this point , but he wants to get started and give the board a flavor of what he is trying to do and how he is trying to concentrate his development and leave a bunch of land open . He told the board he is not committed to any of the plans submitted , he needs time to work on them , but would like to get some feedback from the Planning Board to help him out . Whether the land is rezoned to multi -family or received a special land use permit , he does not understand all of the ramifications , but he is willing to spend some time to see what is best for "all of us" Mr. Kanter stated that the parcel is just to the west of the Lindermann Creek site . The current zoning is about 10 1 /2 acres of R- 15 residence and the remainder in the agricultural zone . The new zoning , which goes into effect on April 1 , proposes that the whole site be the new agricultural zone . Mr . Kanter brought the Board ' s attention to the property analysis he had included in the Board packet . In response to questions from Councilman Lesser„ Mr. Sperry stated that both plans submitted to the Board contain 200 units . Mr. Lesser stated that , as a board member , when he is asked to consider a rezoning whether to multiple residency or special land use district , he tries to identify a public benefit for the requested change . Citing the Overlook application , Mr. Lesser stated the possible justification of that project is that it provides affordable housing ; many feel there is a need for affordable housing and hence a benefit to the Town . He asked what overriding public benefit this development would provide to justify a change in zoning ? Mr. Thaler stated that , in representing people in Ithaca for over 40 years , one of the things he has found is that when professors retire , normally they like to go into something where the don 't have to mow the 17 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 lawn , they don 't have to do the outside work around their house . What this proposed project is intended to do is give people who have some pocket money , this is not a cheap situation , this is going to be expensive , it gives them the alternative whereby they car) sell their homes in Cayuga Heights and go to an area where it is absolutely magnificent as far as the view is concerned , they can enjoy the fact that Ithaca is just down the hill , and they can see part of the lake , plus the fact they don 't have to get in their car to enjoy the tennis or swimming that they' re used to . Mr. Thaler stated there currently does not exist this kind of alternative in the community . Councilman Stein commented that this was not really a public benefit , rather it was a benefit to the people who bought a unit ; and that benefit exists for anybody who builds a new property and finds somebody who is interested in paying their price to occupy it . Mr. Thaler responded stating those people are part of the public and right now they have been denied the access to this type of facility. Councilman Engman stated the materials the Board received indicated that the maximum build out was 228 dwelling units , but on the proposal it says that if things remain exactly as they are now the maximum possible build out is 300 units . Why is there a discrepancy? Mr. Rancich answered he calculated the number of homes that could be put on the parcel as 150 . There is an allowance for a small apartment in those homes , which is where I came up with i the maximum permissible units of 300 . 1 have scaled that down to 200 and tried to concentrate it on what is the northeastern portion of the farm . Mr. Engman asked whether the golf course is feasible under the zoning possibilities outline in Mr. Kanter's memo . Mr. Kanter stated he thought it would be permitted even under the existing new agricultural zone . Councilwoman Grigorov and Councilman Burbank pointed out that if F3 development were to be approved for this West Hill site this proposed project would provide a rnix of housing on West Hill , affordable to high -end . Councilman Burbank asked if the project would be a gated community . Mr. Rancich stated he did not envision it to be a gated community, but he would not rule it out . He told the Board he was trying to build a sense of community . Whether that would isolate other parts of the town , Mr. Rancich did not know . In response to Mr. Rancich ' s statement that he envisioned a small cafe and a golf course , Ms . Gittelman asked if those things would be open to the community . Mr. Rancich thought the golf course would be available to the public for a fee . To Iput some numbers on affordable , Councilman Stein asked how Mr. Rancich planned to price the units , and how many square feet they would be ? Mr. Rancich responded stating all of this is part of what he wants to speak with the Planning Board about . Mr. Kanter explained the primary task before the Town Board was to decide whether to refer the project to the Planning for a recommendation . Supervisor Valentino went on to explain that the Board needed to consider whether they felt they might seriously consider rezoning the land and , if so , refer the project on to the Planning Board for their review . If the Town Board does not feel they would consider rezoning the parcel they should not refer it on to the Planning Board . 18 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Peter Stein stated he felt , in light of this responsibility , that the question becomes whether there was a particular reason that overrides the original zoning . Mr. Kanter, responding to Councilman Lesser' s questions regarding the benefits or purposes that might be accrued • from rezoning this property , stated that this is a transitional property between the growth area and the agricultural area . He thought the Comprehensive Plan indicated that . He went on to state the real question is , by concentrating the development area on the site , does that provide an opportunity to provide open space and a permanent buffer or transitional area on the western part of the property . Mr. Kanter felt that was something the Town Board could think about and talk about . Mr. Kanter stated a planned development approach would allow the Board to establish the full range of permitted uses and densities on the entire 94 acres as opposed to just looking at the 30 or so acres of the development portion . Both the old and the new zoning ordinance recognizes that not everything fits in the zoning and Mr. Kanter would not think of this as an exception , it is not a use variance , this is a legislative policy decision . Attorney Barney added that the Town has what are called floating zones for multiple residence and commercial zones where the Town goes back and looks at the Comprehensive Plan and decided whether the proposal purports with what the Comprehensive Plan says . If it does , the Board considers rezoning it . In this situation , this was an area where it could have been zoned some form of residential or it could have been zoned agricultural , but it really wasn 't an affirmative decision that the Comprehensive Plan called . If you look around the Town the only place you ' ll see multiple resident zones are where somebody' s come in and said I want to build a multiple resident project here . Councilwoman Gittelman stated her point of view that the Board needed to look at what would be the benefits to the Town to change the zoning and have this "higher- up" residential zoning and what would be the negative features of it . Councilwoman Gittelman asked if she was being expected to know that at this point . Supervisor Valentino stated , no , and reiterated the Town Board ' s role stating if there is a fairly good possibility that the applicant can go through the Planning Board process and come back with something the Town Board feels will fit the transitional zone well , then they should send it on for review . The Planning Board may look at the project and not recommend a rezoning . Mr. Kanter explained if the Town Board refers the project on to the Planning Board , the Planning Board would then do its own sketch plan review . It is quite possible the Planning Board won 't go any farther than that because the next step is preparing some very detailed engineering details , drainage studies , traffic studies , the whole environmental review . On the other hand , if the Town Board dos not feel they would consider a rezoning they should not refer the project on for Planning Board review . In response to questions from the Ms . Grigorov , Mr. Rancich stated that he had gone around to all the neighbors with his plans , approached them exactly as he approached the Board telling them he does not know exactly what is going on , but giving them an overview of what he has in mind . Mr. Rancich said he had signed statements from all of them , most saying Othat they agree with the concept . One scratched out that he was in favor of the project , but he "put in there" that he was not opposed . The one neighbor Mr. Rancich said he did not contact was Linderman Creek , but he could not image that they would object . Councilman Engman expressed concern regarding view lines stating if this project can see Cornell and the City of Ithaca , then the City of Ithaca and Cornell can see this project . He felt this was one of the concerns that needed to be addressed . Mr. Engman stated his 19 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 understanding that even though most of this land is currently zoned agriculture that zoning does not mean you couldn 't put houses on the land . Mr. Kanter told him that the new zoning , effective April 1St , would allow one house per every seven acres ; the current zoning would allow approximately 1 house per acre . Mr. Kanter told the Board if the number of proposed units was a concern , the Board could ask the Planning Board to look at that issue more specifically . Both Supervisor Valentino and Councilwoman Grigorov stated it would be something they' d like the Planning Board to look at more closely . Councilman Burbank stated he would also like the Conservation Board to look at the project to deal with some of the environmental aspects . Councilman Stein asked under what circumstances the Town Board might turn something down . Councilwoman Grigorov told him of a proposed development on East Hill , in the Wild Flower Drive neighborhood , that would have adversely affected the neighborhood . There was the Mutual Housing proposal on West Hill that was recently discouraged and ultimately withdrawn . Mr. Kanter gave a little history on the site under discussion , stating there was a proposal in 1996 called Saddlewood Farms by a group called Landmark America , which was proposing 276 apartment units on this site . The Board didn 't turn down the proposal , but the Board , through a couple of meetings , did not refer it on to the Planning Board and at some point: during the process the applicant withdrew the proposal . Councilman Stein asked what the issue was . Mr. Kanter stated there were probably two issues : one was the large number of units , the other was there was a portion of it that was in the low to moderate- income range . Mr. Kanter thought the combination of the two issues created some hesitation to advance the proposal . Councilman Burbank proposed that the Town Board not vote on the issue at the meeting and defer it for month . Mr. Burbank explained he wanted the public to be made aware of the project and for the Board to have the opportunity to get some feedback from the public stating they may bring to the Board some concerns they send on to the Planning Board . Councilman Burbank stated he realized the public would have more opportunities as the project moved -forward but stated he would feel more comfortable voting next month . Councilman Stein concurred with Councilman Burbank stating he would like to have a sense of where the project was ; he would like to go out and look at the site and see how it was going to fit in the setting . Councilwoman Grigorov stated it was possible the Board could do a field visit , but it seemed to her that most of what the Board wanted done should happen at the Planning Board level . She suggested that the public be made aware of the project and invited to an early information meeting of the Planning Board . She stated she would be in favor of referring the issue to the Planning Board tonight . Mr. Thaler stated there were members of the media at the evening ' s meeting who would be reporting the proposal to the public . Supervisor Valentino commented that the issue appropriately belongs in front of the Planning Board „ 20 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Councilman Stein stated he was being asked to vote on an issue and did not know what he was voting on at this particular point . Supervisor Valentino told him that the only thing the Board was voting on was to refer the proposal to the Planning Board so that they can learn • all these things" and then the rezoning request would come back to the Board . Mr. Frost speaking as a resident of West Hill stated what he heard some members of the Board saying was that they want more information before rendering a decision and he did not think that was unreasonable . Supervisor Valentino stated she shared the discomfort of not knowing very much about the proposed project at this point , but said she also knew that to put it before the Planning Board for the residents to have a discussion is how the Town is going to learn the things that the Board will need to learn to make a decision . Mr. Stein responded saying either the Town Board has a role or it does not . They cannot both have it and not have it . Either the Town Board just refers everything to the Planning Board and asks them to make the decision . That' s okay if it is the procedure , then it' s the procedure . If asked to make a vote at the evening ' s meeting , Mr. Stein felt he needed to know more . Supervisor Valentino told him that in the old days the requests went to the Planning Board first . The Planning Board then did certain things and brought the issue back to the Board and often the Board would say " no way" we' re not going to rezone that . The Board ' s thought was , hopefully to expedite things , if there was a preliminary discussion before the Board they could at least say when they were not going to consider a rezoning and not send it on to the Planning Board for them to do a lot of work . If the Town Board thinks this thing has merit then we should pass it on to the Planning Board and let the Planning Board do their job . Councilman Engman stated his understanding that there is another decision that the Board is supposed to make tonight and that is to indicate who the lead agency should be . Mr. Engman felt that was a whole other discussion and he was not sure the Board had time to do that . The setting of the lead agency is something the new Board members need to learn about and understand in order to vote . Mr. Engman said that his feelings were similar to what Councilmen Burbank and Stein expressed . The Board has only had the issue before them for 6 or so days and really has not had a chance to think or talk about it or to drive to and look at the site . If the project is still in these preliminary stages he could not imagine why waiting another month to vote would be any kind of a problem . Supervisor Valentino asked Mr. Engman what kind of information he would like provided about the lead agency status . Mr. Engman stated his assumption that either the Town Board can retain the lead agency status or the Planning Board can be asked to adopt that role . Mr. Engman stated he did not quite understand the difference between the two and how that designation would affect the process . He would need to be educated regarding this and assumed that other new Board members would also need to be educated . Mr. Kanter gave Mr. Engman a quick overview of that designation stating the project would be a Type I action because of its size and the area of the site being disturbed . That means 21 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 only one agency can conduct and coordinate the environmental review . Normally , where there is a case where the Town Board is working on the rezoning , the Planning Board is working on the site plan details . It ' s the site plan details where all of the real heavy-duty environmental review stuff comes out : the traffic study , the drainage study, the view shed study , these are all physical , even sometimes social aspects of a proposal are something the AffihL Planning Board could look at . In this case possibly a market study for whether there is a need for this kind of housing in the area . To enact a rezoning there actually is a criteria in the zoning ordinance . Basically you have to determine that there is a need and that this would be consistent with the Comprehensive Plan . Basically what it comes clown to is the choice of whether the Town Board wants to retain the lead agency authority to conduct all of those detailed environmental reviews and it certainly could do that . Normally the way these things have worked in the past is that they are referred to the Planning Board to do the in -depth environmental reviews . There are other agencies that would be involved in the process as well . For this proposal you would have the State Department of Transportation , the County Health Department , and New York State Department of Agriculture and Markets because there currently is an agricultural district mapped on this property . It is a matter of who takes the lead in coordinating the review , the Town Board or the Planning Board . Normally the Town Board has asked the Planning Board to do that . Attorney Barney added that the first thing a board would do as lead agency is to determine whether there is environmental impact that needs to be studied . If the determination is in the affirmative then normally you will have a scoping session to work out with the developer and with the public what it is that you want studied . That is a meeting of the Board . From that point an environmental impact statement is done and then that comes back and the Board again makes a determination whether that environmental impact statement is adequate for review . If it determines that it is not they send it back out . Or, if they determine it is adequate for review it sends it out for review . You have a public hearing on it again . Your Board is very active in that lead agency role . There ' s no reason the Town Board can 't do that , but as Supervisor Valentino has stated the Planning Board meets a couple of times a month , this Board typically meets once a month , the Planning Board is in this kind of area all the time , the Town Board has a lot of other areas they are responsible for and may not want to put in that level of time . Councilwoman Gittelman asked Mr. Kanter if the project was referred to the Planning Board whether the Planning Board would decide if it fit what was envisioned for the transitional area . Mr. Kanter responded stating one of the things the Planning Board would have to look at , both as part of their environmental review as well as looking at consistency with the Comprehensive Plan would be how this fits in with the character of the neighborhood and the character of the surrounding area . Mr. Kanter stated he was trying to describe this as kind of an in between area . There is some low density housing along Mecklenberg Road , and there is Linderman Creek , which is a very high -density apartment development on the east ; there ' s Eco Village , which is a lower density cluster cooperative development: just to the south ; and there ' s productive agricultural areas to the west . It is really in the middle of all the things described and that ' s why it is not clear-cut and that is why the Comprehensive Plan really didn 't have a single specific recommendation . It is an application that would need a lot of investigation during the environmental review process . That investigation would be done by the lead agency. 22 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 There was continued discussion regarding roles and responsibilities with Councilman Stein stating he did not feel he had sufficient information to make a decision at the evening ' s meeting . Councilman Lesser stated if called upon to vote this evening , he would vote against referring it to the Planning Board for the reason he mentioned earlier and unless there is some notable reduction in density or some other public benefit he would not support sending it to the Planning Board . Supervisor Valentino took a straw vote of the board members . Mr. Engman stated he would like to know more about the project , have time to think about it , and do a site visit . He did not feel he knew enough to intelligently do his job in voting tonight . Ms . Gittelman stated she would be happy to do a site visit . Mr. Burbank concurred with the idea of a site visit . Mr. Burbank invited the applicant to give thought to the concern raised by Councilmen Lesser and Engman regarding the connection and benefit to the larger community . Attorney Thaler told the Board that they have talked to the Town Planner, talked to the Attorney ; they found out what was needed was just a concept , not all of the other papers that would necessarily convince the Town Board . That was supposed to be left to the Planning Board . What they have come here to do is to give the board the concept and if the Board has a feeling that the concept is something that they could approve then it is sent to the Planning Board , get their input , and when they come back in front of the Town Board that board will have the information , the traffic study , population , all of the things the Board is asking for now . Councilman Burbank stated those were the technical aspects , which he did not expect the applicant to have at this stage . Mr. Burbank , however , asked for some reasons that this project would benefit the larger community . Attorney Thaler stated he understood that . He stated they were not asking the board to make that decision tonight ; they are asking the board to make a decision as to whether the project had enough merit to refer to the Planning Board to get their input . Councilman Lesser asked that they call a vote . Councilman Stein requested that he see a map of the area and how the adjacent land is being used . Mr. Kanter invited the Board members to come in to the office and see the resources available ; he felt it was imperative for them to do that . Councilman Lesser recommended the new Board members attend a Planning Board meeting to understand the process , stating it is quite a detailed procedure . Supervisor Valentino summarized the board ' s position stating that if the majority of the board members are not ready to make a decision tonight , the board needs to do some more work . The main thing is that people would like to do a site visit . The new Board members were encouraged to make an appointment with the Planning Department . 23 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Mr. Thaler asked if there was anything they could do to assist the Board . The Board asked that they be given permission to go on the property and that someone be there with them . Mr. Rancich stated he would be there whenever the Board wanted but cautioned that access is difficult . Mr. Kanter encouraged board members to channel questions for the applicant through him in preparation for the March board meeting . Following up on Mr. Burbank' s request that the public be given an opportunity to speak early in the process , Mr. Kanter stated that what they can do is send out some kind of notification if the Board directed them to do it . The board asked that it be done . Mr. Rancich said he was not prepared to make a presentation to the public because he won 't be able to make a solid presentation to the public to get whether they approve or disapprove without spending a lot of time with the Planning Board . Mr. Rancich felt he would be in a situation , if he has the public here , he may not have any clearer things to say to the public than he has said to the board tonight . Without going to the Planning Board and getting their input as to what is going to be acceptable and what is not acceptable , I 've got my hands tied . Councilwoman Grigorov concurred . The Board asked that notice be sent to neighborhood property owners . Agenda Item No. 15 = Consider Special Town Board Meeting for February 26 , 2004 Mr. Kanter and Supervisor Valentino explained that this meeting will depend upon what happens with the Overlook at West Hill project at the February 17 , 2004 Planning Board Meeting . If the project gets through the Planning Board on February 17 , 2004 the Town Board will have a special meeting . TB RESOLUTION NO. 2004w019: Setting Special Town Board Meeting Date RESOLVED , that the Ithaca Town Board hereby sets a Special Town Board Meeting for Thursday , February 26 , 2004 beginning at 7 : 00 p . m . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser , aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No . 16 = Consider Setting Public Hearing for February 26, 2004 to Consider Aris Development Rezoning Request for the Overlook at West Hill Protect TB RESOLUTION 2004-020: SETTING A PUBLIC HEARING REGARDING A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE AND MAP REZONING A PORTION OF TAX PARCEL NO. 24. -0444.2 LOCATED ON NYS ROUTE 96 FROM 24 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 RESIDENCE DISTRICT R45 TO MULTIPLE RESIDENCE DISTRICT (ARTS DEVELOPMENT'S OVERLOOK AT WEST HILL) BE IT RESOLVED that the Town Board of the Town of Ithaca will hold a public hearing at 215 North Tioga Street , Ithaca , New York on Thursday , February 26 , 2004 at 7 : 10 p . m . for the purpose of considering A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE AND MAP REZONING A PORTION OF TAX PARCEL NO , 24 . -04- 14 . 2 LOCATED ON NYS ROUTE 96 FROM RESIDENCE DISTRICT R- 15 TO MULTIPLE RESIDENCE DISTRICT (ARTS DEVELOPMENT'S OVERLOOK AT WEST HILL) ; and it is further RESOLVED , that at such time and place all persons interested in such local law may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , said publication to occur not less than ten days before the day designated above for the public hearing . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye . Supervisor Valentino told the Board there would be a public hearing before the Planning Board on the Overlook at West Hill project on Tuesday , February 17 , 2004 , Agenda Item No 17 = Consider Setting a Public Hearing regarding a Local Law regulating Personal Watercraft (Attachment #8 copy of example ordinance) Supervisor Valentino drew the board ' s attention to a draft of a proposed ordinance put together by Mr. Engman and Pam Mackeasey ; and the Board discussed it in comparison to the ordinance passed by the Town of Lansing . One difference in the two is regulating watercraft at 500 feet from shore ( Engman/Mackeasey) versus 250 feet from shore ( Lansing ordinance) . Another difference is in the restrictions regarding personal watercraft operators under the age of 16 . Regarding Section 12 of the Engman/Maceasey version ( No person shall anchor, moor or • recreate from a vessel in front of private property within 200 feet of shore without the consent of the owner or lessee of such property), Supervisor Valentino stated that the Town has no authority to impose this regulation . " Regarding Section 13 of the Engman/Maceasey version ( In no case shall the noise level of any watercraft, or any activities conducted from such watercraft, exceed 65dBA daytime and 55dBA nighttime) , Supervisor Valentino reported that the sheriff' s department has no ability to 25 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 enforce this regulation . The ambient noise of the sheriff' s boat would interfere with measuring the decibel level of noise from the watercraft . In response to questions from Councilman Stein , Attorney Barney stated that the Town ' s current noise ordinance related only to amplified sounds and construction sounds . Our Town ordinance , for example , does not restrict motorcycle or automobile noise . There was further discussion with Supervisor Valentino reiterating that the Town had no way of being able to enforce such a regulation . The sheriff is not going to go tromping around on people ' s private property with a decibel meter trying to figure out if somebody is making a lot of loud noise . She stated one of the things she thinks she has heard from the board before is , let's not pass something that we cannot enforce . Councilman Burbank remarked that noise was perhaps the biggest nuisance created by personal watercraft and wondered if the Town was concluding that there is no community in the country that has not figured out some way of getting a handle on this ? Supervisor Valentino stated a lot of people think moving the vessels 500 feet off shore will handle the noise problem . Councilman Stein posed the philosophical question of whether the Town should have the ability to monitor something before outlawing it or should you decide that you want to outlaw it because it is a public nuisance and then figure out how to monitor and enforce it . If we think that the noise is a problem it makes sense to say that people shan 't make that much noise and then , if people come and complain , then we have an obligation to figurre out how to enforce it . Councilman Stein stated the way the ordinance is written is a bit ambiguous . He thought that what we really want to do is not have the sound from the watercraft on the land . He did not think we wanted to have the sheriff go out and make sure that right next to a jet ski there isn 't that level of noise . What he felt the Town wanted to say is that on the shore there should not be that level of noise . Supervisor Valentino questioned how the sheriff was going to catch the person on the boat to give them a ticket . Councilwoman Grigorov felt if it was unenforceable and the Town should wait until they had the means to enforce it . Councilman Lesser stated regarding feasibility of enforcement the Board has been trying for more than a year to hire a significant amount of overtime officer support from the Sheriff' s office to enforce speeding regulations . The Sheriff simply doesn 't have the manpower and Mr. Lesser did not think it was useful to pass a law that everybody knows is unenforceable . It just debases the law and it creates a lot of trouble because it creates an expectation that the Town is going to do something about it when we know there is no way , given the situation with the County and the amount of money the Town has , that we are going to enforce this. Councilwoman Gittelman did not agree stating we don 't have enough sheriffs to enforce the speeders , but we still have the speeding laws . She felt it was a reasonable thing to put in place and it we could phase it in then we should do it . Councilman Engman stated he wanted to connect sections 12 and 13 and told the Board one of the concerns expressed in the report from the Tompkins County Water Resources Council was this notion of people having parties right off the shore . The report refers to NYS Town Law 130 that says apparently that there is some authority there to regulate boating clustering . Mr. Engman suggested eliminating section 12 if people thought Section 13 might provide some protection from people making a lot of noise right outside their windows . Supervisor 26 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Valentino asked what the other board members thought . Burbank , Gittelman , and Stein concurred . Councilman Lesser stated the only way there is a hope of enforcing this legislation is if it is countywide and asked if there was any sense of whether Lansing would come into compliance with our more restrictive ordinance . Supervisor stated Lansing stated • they would do some tweaking and Ulysses has said they will pass what' s pretty close to Lansing . If the Town passes something more restrictive , Ms . Valentino stated it would be her responsibility to go to the other supervisors and see what they want to do . Lansing and Ulysses have a fairly vocal group of people who favor keeping it down to 250 . Supervisor Valentino speculated that what will happen is the Town will pass the 500 foot law and the sheriff will go out with what time he has and will probably enforce the 250 . The Board discussed the probability that the City will be interested in the 500-foot regulation . Attorney Barney questioned Section 11 and why the Town would reiterate a portion of navigation law . Supervisor Valentino recommended taking out sections 11 and 12 , and leaving in section 13 . The board concurred . TB RESOLUTION 2004-021 : SETTING A PUBLIC HEARING REGARDING AN ORDINANCE REGULATING THE USE OF PERSONAL WATERCRAFT BE IT RESOLVED that the Town Board of the Town of Ithaca will hold a public hearing at 215 North Tioga Street , Ithaca , New York on Monday , March 8 , 2004 at 6 : 30 p . m . for the purpose of considering AN ORDINANCE REGULATING THE USE OF PERSONAL WATERCRAFT ; and it is further RESOLVED , that at such time and place all persons interested in such ordinance may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , said publication to occur not less than ten days before the day designated above for the public hearing . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilwoman Gittelman , aye ; • Councilman Engman , aye . Agenda Item No. 18 - Consider Setting Public Hearing to Amend Traffic Ordinance to Include Stop and Yield Signs in Southwoods and Saponi Meadows Subdivisions Mr. Noteboom told the Board these were new subdivisions that need stop and yield signs . 27 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 TB RESOLUTION NO. 2004-022: Resolution Settinq a Public Hearinq to Consider Amendments to the Town 's Traffic Ordinance to Provide for Stop and Yield Signs in the Southwoods and Saponi Meadows Subdivisions 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 8th day of March , 2004 , at 6 : 1 `i p . m . for the purpose of considering amendments to the Town of Ithaca Traffic Ordinance which amendments add stop and yield signs to certain roads in the Southwoods and Saponi Meadows subdivisions ; and it is further RESOLVED , that at such time and place all persons interested in such amendments may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than five days before the day designated above for the public hearing . MOVED : Councilman Lesser SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No. 19 = Consider Approval of Bid Specifications and Authorization to Go to Biid for Sewer Jet Rod and 2 Generators Mr . Noteboom reviewed with the Board materials sent to them in their packets and asked the authorization to go out to bid for the equipment described . TB RESOLUTION NO. 2004=024: Approval of Specifications and Authorization to Solicit Bids for the Purchase of 2 Diesel Engine Driven Portable Generator Sets WHEREAS , the Town of Ithaca Highway Department has discussed with the Public Works Committee the need for 2 diesel engine driven portable generator sets , and WHEREAS , the money is available from the regular expense account ( 68120 . 200 and F8340 . 200) , and now , therefore be it RESOLVED , that on the recommendation of the Highway Superintendent and the Public Works Committee , the specifications for 2 diesel engine driven portable generator sets are approved , and further RESOLVED , that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for 2 diesel engine driven portable generator sets . 28 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 MOVED : Councilwoman Gittelman SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO 2004=023: Approval of Specifications and Authorization to Solicit Bids for the Purchase of a New 2004 Trailer Mounted Sewer Cleaner WHEREAS , the Town of Ithaca Highway Department has discussed with the Public Works Committee the need for a new 2004 Trailer Mounted Sewer Cleaner, and WHEREAS , the money is available from the regular expense account (G8120 . 200) , and now therefore , be it RESOLVED , that on the recommendation of the Highway Superintendent and the Public Works Committee , the specifications for a new 2004 Trailer Mounted Sewer Cleaner are approved , and further RESOVED , that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for a new 2004 Trailer Mounted Sewer Cleaner. MOVED : Councilman Stein SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No. 20 - Consider School Zone Speed Limit Request The Board discussed the need for a school zone speed limit at the Northeast Elementary School . TB RESOLUTION NO . 2004-025 : School Zone Speed Limit Reduction Request for Winthrop Drive • Whereas , Winthrop Drive is a Town road within the Town of Ithaca , and Whereas , a delineation of a school zone and a crosswalk has been in place for a number of years at the Northeast Elementary School on Winthrop Drive , and 29 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 Whereas , the Town of Ithaca has maintained signage and a crossing guard for the school crossing zone , and Whereas , the Public Works Committee of the Town of Ithaca has requested the Town Board of the Town of Ithaca to request a reduction to reduce the speed limit in the school zone on that portion of Winthrop Drive by the Northeast Elementary School ; now , therefore be it Resolved , that the governing Town Board of the Town of Ithaca hereby request that the New York State Department of Transportation 's Traffic Safety Division establish a reduced speed limit in the school zone on that portion of Winthrop Drive by the Northeast Elementary School , MOVED : Councilman Engman SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No. 21 — Discussion of the Hannah Pew Trail Mike Smith appeared before the Board to update them on the status of the Hannah Pew Trail . Currently , the Town is discussing changes in the design of the Trail and Park relative to the Baldwin — Colle property . There is the possibility of some development by the parties on property that was to be donated to the Town . Agenda Item No . 22 — Discussion of Tutelo Park (attachment #9— Mr. Walker' s presentation Mr. Walker presented design plans for Tutelo Park to the Board . The park will include a ball field designed to Little League regulations . There is a safety fence planned for all the way around the field . There will be a handicap accessible comfort station connected to public water and sewer. On the backside of the comfort station will be an equipment storage room . The, building will be heated and winterized and could be used year round . The picnic pavilion will by 24 ' by 38 ' . It is designed as a pole building . It will have a concrete floor and asphalt shingles . It is designed to have 8 picnic tables , 2 of them handicap accessible . There will be cooking grills located around the outside of the pavilion . There will be a 6' wide wood chip nature trail . Agenda Item No . 24 = Acknowledge Retirement of Justice Bordoni The board received a copy of Raymond Bordoni ' s letter notifying the Town of that he will be retiring March 31 , 2004 , TB RESOLUTION NO. 2004-026: Acknowledge Retirement of Justice Raymond Bordoni Attachment # 12 — Justice Bordoni 's letter of resignation) 30 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 WHEREAS , Justice Raymond Bordoni has been an Ithaca Town Justice since May 8 , 1995 ; and WHEREAS , Justice Bordoni has submitted notification to retire effective April 1 , 2004 • with March 31 , 2004 being his last day of work as Justice ; Now , therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby acknowledge and accept the retirement of Justice Raymond Bordoni effective April 1 , 2004 , MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No 25 — Consider Appointment of Interview Committee for Interim Town Justice TB RESOLUTION N0a 2004=027. Interview Committee Interim Town Justice. WHEREAS , a vacancy exists in the Office of Town Justice as a result of the retirement of Justice Raymond Bordoni , effective April 1 , 2004 ; and WHEREAS , the Town Board wishes to appoint an Interviewing Committee to conduct interviews and make a recommendation for appointment for the Office of Town Justice ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby appoints the following persons to the Interviewing Committee for the vacancy in the Office of Town Justice : Peter Stein , Town Board Member Herbert Engman , Town Board Member Cathy Valentino , Town Supervisor Judith C . Drake , Human Resources Manager • MOVED : Councilman Burbank SECONDED : Councilwoman Grigorov 31 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye , Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No. 26 - Consider Appointment of Interview Committee for Town Historian Ms . Drake and Ms . Hunter told the Board they had received responses to their advertisement for a Town Historian and asked that an interview committee be formed to interview applicants . TB RESOLUTION NO . 2004-028 : Appointment Interview Committee Town Historian WHEREAS , a vacancy exists in the position of Historian ; and WHEREAS , the Town Board wishes to appoint an Interviewing Committee to conduct interviews and make a recommendation for appointment for the Historian position ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby appoints the following persons to the Interviewing Committee for the vacant Historian position : Sandra Gittelman , Town Board Member Tee-Ann Hunter, Town Clerk Judith C . Drake , Human Resources Manager MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Ak Benda Item No. 27 — Consider Approval of Town Justices Annual Reports TB RESOLUTION NO. 2004-029: TOWN JUSTICE LARKIN 2003 ANNUAL REPORT Attachment #10 — Larkin 's Annual Report) WHEREAS , Town Justice Clarence Larkin has presented his 2003 Annual Report to the governing Town Board as required by Town Law ; now , therefore be it RESOLVED , the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk , the attached 2003 Annual Report of Town Justice Clarence Larkin , MOVED : Councilman Burbank 32 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No 27 = Consider Approval of Annual Reports of the Town Justices TB RESOLUTION NO. 2004-030: TOWN JUSTICE BORDONI 2003 ANNUAL REPORT (Attachment # 11 — Bordoni's Annual Report)) WHEREAS , Town Justice Raymond Bordoni has presented his 2003 Annual Report to the governing Town Board as required by Town Law ; now , therefore be it RESOLVED , the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk , the attached 2003 Annual Report of Town Justice Raymond Bordoni . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No 28 - Consider Approval of Annual Reports of Town Officials TB RESOLUTION NO 2004-031 : ANNUAL REPORT OF TOWN OFFICALS (Attachment #13 — Annual Reports of Town Officials WHEREAS , the following officials of the Town of Ithaca have presented their 2003 ANNUAL REPORTS to the governing Town Board for review and approval for filing ; and WHEREAS , the governing Town Board has reviewed and accepted the said 2003 ANNUAL REPORTS for filing by the Town Clerk ; now , therefore be it RESOLVED , the governing Town Board of the Town of Ithaca does hereby accept and approve for permanent filing by the Town Clerk the 2003 ANNUAL REPORTS OF THE FOLLOWING OFFICIALS : Town Clerk Town Highway Superintendent Director of Engineering Director of Planning Director of Building/Zoning Human Resources Officer Network/Records Specialist Attorney for the Town 33 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank, aye ; Councilman Stein , aye ; Councilman Engman , aye . ,6R:nda Item No . 29 - Consider Authorizing Supervisor to sign Inter--governmental Agreement Excluding Certain Local Planning and Zoning Actions from Tompkins County Review TB RESOLUTION NO. 2004-032: AUTHORIZING THE SIGNING OF AN INTER- GOVERNMENTAL AGREEMENT EXCLUDING CERTAIN LOCAL ZONING AND PLANNING ACTIONS FROM TOMPKINS COUNTY REVIEW UNDER NEW YORK STATE GENERAL MUNICIPAL LAW WHEREAS , Article 12- B , Section 239 ( I , m , and n ) of New York State General Municipal Law (GML) requires the referral of certain municipal zoning and planning actions to the County planning agency for review and advisory recommendation ; and WHEREAS , the Tompkins County Charter gives responsibility for the implementation of this County review to the Tompkins County Commissioner of Planning ; and WHEREAS , GML Sections 239- m and - n authorize the County planning agency to enter into an agreement with the referring municipal body or other duly authorized body to provide that certain of those actions listed in GML are of local , rather than inter-community or county-wide concern , and are not subject to referral under those sections ; and WHEREAS , after meeting with municipal zoning and planning officials , the County Commissioner of Planning has requested that municipalities consider executing an agreement that lists specific items that would be excluded from the GML referral requirements in order to reduce unnecessary paperwork and streamline the local review of more routine matters ; and WHEREAS , the Town of Ithaca Town Board referred the proposed Inter-governmental Agreement to the Zoning Board of Appeals and Planning Board for a recommendation ; and WHEREAS , both the Zoning Board of Appeals and Planning Board have recommended that the Town Board authorize the appropriate Town official (s) to sign the above- referenced Intergovernmental Agreement on behalf of the Town Board ; now therefore BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign the above- referenced Intergovernmental Agreement as has been proposed by the Tompkins County Commissioner of Planning . 34 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No 30 - Consider Amending 2004 Budgeted Revenue Resources in the General Townwide Fund and the Part Town Highway Fund TB RESOLUTION NOs 2004-033: Amending 2004 Budgeted Revenue Resources in the General Townwide Fund and the General Part Town Fund WHEREAS : The Adopted 2004 General Part Town Highway Fund budget reflects appropriated fund balance of $443 , 706 to meet operating expenses , and WHEREAS : Due to the need to reallocation budgeted expenditures after the 2004 budget was adopted and before closing the accounting and budget records of the Town for the year ending December 31 , 2003 an shortfall of $ 135 , 829 was incurred , and WHEREAS : The Town Supervisor and Town Budget Officer recommends and are seeking the approval of this governing Town Board to amend the estimated sales tax revenue in both the General Townwide Fund and the General Part Town Highway Fund , and Budget Journal General Part Townwide Fund Entry No . 1 Debit A599 Appropriated Fund Balance $3049900 Credit A510 Estimated Revenues $304 , 900 A1120 Sales Tax Revenue $304 , 900 To reduce the budgeted sales tax revenue in the 2004 General Townwide Budget General Part Town Highway Fund Entry No . 2 Debit DB510 Estimated Revenue $439 , 900 DB1120 Sales Tax Revenue $439 , 900 Credit DB599 Appropriated Fund Balance $439 , 900 To increase the budgeted sales tax revenue in the 2004 General Part Town Highway Fund 35 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 WHEREAS : By amending the sales tax revenue resource in both the General Townwide Fund and the General Part Town Highway Fund fund balance the $ 135 , 829 shortfall is eliminated and at the same time provides an additional $304 , 071 to the Highway Fund to meet a potential emergency which may occur during the operating year 2004 as well as improving the fund ' s cash position moving into 2005 , and therefore be it RESOLVED : That after discussion this governing Town Board approves , authorizes and directs the Ithaca Town Supervisor and Town Budget Officer to amend the General Townwide Fund and the General Part Town Highway Fund budgeted 2004 sales tax revenue resource . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No. 31 — Consent Agenda TB RESOLUTION NO . 2004-034 : 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 as presented . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004=034a : Town Board Minutes WHEREAS , the Town Clerk has presented the minutes for the Regular Town Board McE!ting held December 8 , 2003 , Year End Town Board Meeting held on December 31 , 2003 and Regular Town Board Meeting held on January 8 , 2004 , to the governing Town Board for their review and approval of filing ; NOW , THEREFORE , BE IT RESOLVED , the governing Town Board does hereby approve for filing the minutes for the meeting held on December 8 , 2003 , December 31 , 2003 and January 8 , 2004 board meeting . MOVED : Councilman Lesser 36 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser , aye ; • Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO , 2004-034b : Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 7996-8044 General Fund Townwide $ 22 , 240 . 22 General Fund Part Town $ 91551 . 27 Highway Fund Part Town $ 91323 . 17 Water Fund $ 49877 . 30 Sewer Fund $ 10 , 215 . 82 Bostwick Rd Water Tank & Transmission $ 17705 . 52 Fire Protection Fund $ 317 . 47 Total $ 58 . 230 . 77 VOUCHER NOS . 8045-8153 General Fund Townwide $ 26 , 896 . 17 General Fund Part Town $ 11122 . 60 Highway Fund Part Town $ 37 , 985 . 27 Water Fund $ 37583 . 65 Sewer Fund $ 1839890 . 21 2003 West Hill Water Tank Improvement $ 78 . 80 Bostwick Road Water Tank and Transmission $ 579978 . 83 Coy Glen Pump Station / Pipeline $ 69593 . 06 Fire Protection Fund $ 36 , 095 . 25 Forest Home Lighting District $ 181 . 20 Glenside Lighting District $ 62 . 11 Renwick Heights Lighting District $ 86 . 80 Eastwood Commons Lighting District $ 178 . 94 • Clover Lane Lighting District $ 20 . 60 Winner's Circle Lighting District $ 60 . 60 Burleigh Drive Lighting District $ 54 . 77 West Haven Road Lighting District $ 237 . 02 Coddington Road Lighting District $ 139 . 99 37 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 TOI'AL : $ 355 , 245 . 87 MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser , aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-034c : Bolton Points Abstract. WHEREAS , the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the govE' rning 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 : 758 , 759 , 763-8311 1 -6 Check Numbers : 69237 6924 , 6993 , 6994 , 6997-7019 , 7021 -7070 Operating Fund $ 151 , 383 . 58 1998 SCADA Capital Project $ 27101 . 68 Operating Fund $ 377268 . 55 1998 SCADA Capital Project $ 10 . 00 TOTAL $ 190 763 . 81 Operating Fund $ 20 , 548 . 91 1998 SCADA Capital Project $ 46 . 00 Operating Fund $ 145 , 086 . 59 1998 SCADA Capital Project $ 915 . 63 2002 Office Space Addition $ 21400 . 00 TOTAL $ 168 997 . 13 MOVED : Councilman Lesser SECONDED : Councilman Burbank 38 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO 2004-034d : Authorization for Attending Water Treatment Grade IIA WHEREAS , the Water Treatment Grade IIA Course is being held at TC3 in Dryden , NY , March 17-27 , 2004 ; and WHEREAS , attendance at the said program will benefit the Town of Ithaca by providing additional training to Joseph Slater , Engineering Technician I ; Now , therefore , be it RESOLVED , that the governing Town Board of the Town of Ithaca does hereby authorize Joseph Slater, Engineering Technician I , to attend Water Treatment Grade IIA Course is being held at TC3 in Dryden , NY , March 17-27 , 2004 ; and be it further RESOLVED , the cost not to exceed $650 . 00 is to be expended from F8340 . 401 and A5010 . 411 . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-034e : 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 Friday , February 27 , 2004 for Records Management Day . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . 39 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 TB RESOLUTION NO . 2004-034f : Authorization to Hire Planning Intern for the Spring 2004 WHEREAS , the Planning Department has recognized the need for additional staff to support the work of the Department during the spring of 2004 , and WHEREAS , the Planning Department has budgeted funds to cover the! cost of having student interns and has traditionally hired temporary interns to provide them with valuable work experience while the Town of Ithaca has received beneficial technical support from the interns , and WHEREAS , Nicole Tedesco is an undergraduate student in the Department of City and Regional Planning at Cornell University and has been assessed as possessing the qualifications necessary for appointment to this temporary , part-time intern position , as well as having successfully completed an internship with the Planning Department during the Summer and Fall of 2003 , NOW , THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the Planning Department to hire Nicole Tedesco as a temporary part-time Planning Intern , to begin on or about February 10 , 2004 through May 28 , 2004 at an hourly rate! of $ 10 . 25 , based on work for up to 15 hours per week . The total is not to exceed $2 , 500 . 00 and will be charged to Account # B8020 . 110 . Benefits are limited to the temporary , part-time status of this position . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-0348 : RECORDS MANAGEMENT DISPOSITION LISTING (Attachment # 14 — Records Disposition List WHEREAS , the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the State Archives and Records Administration ( SARA) Records Retention and Disposition Schedule MU - 1 ; and WHEREAS , the Town Supervisor , Records Management Officer (Town Clerk) , and Department Heads have reviewed and approved the disposition of the said records ; now , therefore , be it RESOLVED , the governing Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA . 40 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser , aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO 2004-034h : Spring Brush and Leaf Collection Whereas , the Highway Department provides yard refuse disposal services for the Town of Ithaca residents , and Whereas , twice annually the Highway Department collects brush and leaves from roadsides , now , therefore be it Resolved , that the spring brush and leaf collection by the Highway Department will commence on Monday , April 12 , 2004 until finished . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No 34 - Consider Executive Session for discussion of contract negotiation On motion by Supervisor Valentino , seconded by Councilman Lesser, the Board moved into executive session at 10 : 20 p . m , for discussion of contraction negotiation . On motion by Councilman Burbank , seconded by Councilman Lesser , the Board returned to regular session at 10 : 25 p . m . TB RESOLUTION NOw 2004-035 — Authorize Acceptance of Engagement Letter of Susan Brock (Attachment # 15 — Susan Brock Engagement Letter) BE IT RESOLVED that the Town Board of the Town of Ithaca authorizes Supervisor Valentino to sign a January 15 , 2004 Engagement Letter for Legal Services retaining Susan Brock to provide legal services for the Town ' s Codes and Ordinance Committee changing the word " may" to "shall" in the first line of the fourth paragraph . MOVED : Supervisor Valentino SECONDED : Councilman Engman 41 Regular Town Board Meeting February 9, 2004 Approved March 8, 2004 VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye , Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Adjournment On motion by Councilwoman Gittelman , the meeting was adjourned at 10 : 26 p . m . Respectfully submitted , �'F Tee-Ann Hunter Town Clerk 42 2 / 9 / 04 Town Board Meeting ATTACHMENT # 1 ❑ ❑ ❑ 11111111 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 Applican t or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Local Law Increasing the Income Limitations for the Town of Ithaca Town Board 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 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 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 sheets if necessary to adequately describe the proposed project.) 6. Amount of land affected : N/A ttally (0-5yrs) Acres (6- 10yrs) (> 10 yrs) Acres ow is land zoned presently? N/A ill 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, ISupervisor, Town of Ithaca Signature and Date : V C t, PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) t Eoes proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? S NO X If es, coordinate the review process and use the full EAF. ill 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 an x. 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. 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. 6. Long term, short term, cumulative, or other effects not identified in C1 -05? 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 address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration . X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Pre arer' s Signature(If different from Responsible Officer) atherine Valentino, Supervisor e & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE : February 9 , 2004 ture of Responsible Officer in Lead Agency February 9 , 2004 Town Board Meeting ATTACHMENT # 2 Local Law Filing NEW YORK STATE 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. coffq crtof _ _ - ITHACA- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Town 1 04 Local Law No- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the year 20- - - A local law - - - - - - - INCREASING THE INCOME_ LIMITATIONS FOR THE PARTIAL _ _ _ _ _ - - - - - - (Jo rrt Title) - - - - - - -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 _ $OARS - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the yyyy�� (Name ofLe6atln/ive Body) �Ul�HHi� XM I THA Townof - - - - - - - - - - - - - - Cg - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : WX ( SEE ATTACHED PAGES ONE AND TWO ) (If additional space is needed , attach pages the same size as this sheet , and number each .) DOS -239 ( Rev. 11/99) ( 1 ) (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.) 1 04 I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the $rt�r } )(Town) (�V$lii � of - - - ITHACA _ - - - - - - - - _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - _ _ _ _ _ _ _ was duly passed by the TOWN _ _ OAR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ onFE$RjJARY9 20 -94, in accordance with the applicable provisions of law . (Name of Legislative Body) 2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No- - - - - - - - - - _ _ - - - - - - - - - - - _ - - - - - - - - - _ _ _ of 20- - - - - - of the " County')(City "' wn) (Viliage) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20- - - - (Elective Chief Executive Officer*) ' 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. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the (County)(City)(Town) (Village) of _ - - - - - - - _ - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - was duly passed by the _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - _ - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repassed after (Name of Legislative Body) disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- -- - , . -- - - - - - - - - - - - - 20- - - . . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2Q _ _ _ , in accordance with the applicable provisions of law. 4 . ( Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - - - - - - _ _ - - - - - - - - - - - - - of 20_ _ _ _ _ _ of the ( County)(City )(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - - - - - - _ - - - - - - - - _ - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - 20- - - -_ , and was (approved)(not approved)(repassed after - (Name of Legislative Body) disapproval) by the - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 - - . Such local law was subject to (Elective Chief Executive Officer *) permissive referendum and no valid petition requesting such referendum was filed as of - - - - - - - - - - - - - - - - - - 20L _ _ _ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county . wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village , or the supervisor of a town where such officer is vested with the power to approve or veto local laws 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. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of 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_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . of 20- - - - - - of the County of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of New York , having been submitted to the electors at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative . (If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph - -1- - - - - - - - - - above . Clerk of the County legislative body , City , Town or Village Clerk or officer designated by local legislative body (Sea !) Date : (Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NI IRK INS COUNTY OF 1, the undersigned , hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local l4YFOR to . Signatu ATTOHE TOWN Title XYMEi ty W of ITHACA Town X�VV Date : ( 3 ) TOWN OF ITHACA LOCAL LAW NO . 1 OF THE YEAR 2004 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 , Local Law No . 2 of the year 2001 , and Local Law No . 8 of the year 2002 , 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 512 of the Laws of 2003 . 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 $24 ,000 . 00 50% More than $24,000 . 00 but less than $25 ,000 . 00 45 % $25 , 000. 00 or more but less than $ 26 , 000 . 00 40 % $26 ,000 . 00 or more but less than $27 ,000 . 00 35 % $27 ,000 . 00 or more but 1 .-M L.C['n11Jllon forLong bnronle lwsous Loc;JL;nr-2001:./CB b/coca /oraUarrs. MI; Pebnivr 10". 200-1 >-101111 less than $27 ,900 . 00 30 % $27 , 900 . 00 or more but less than $28 , 800 . 00 25 % $ 28 , 800 . 00 or more but less than $29 ,700 . 00 20% $ 29,700. 00 or more but less than $ 30, 600 . 00 15 % $30 , 600 . 00 or more but less than $ 31 , 500 . 00 10 % $ 31 , 500 . 00 or more but less than $ 32 ,400 . 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 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 and 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 ON FEBRUARY 9 , 2004 AT 6 : 15 P . M . REGARDING A LOCAL LAW INCREASING THE INCOME LIMITAIONS FOR THE PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 OR OLDER Location of Sign Board Used for Posting : Town Clerk ' s Office 215 North Tioga Street Ithaca , New York 14850 e of Posting : JANUARY 22 , 2004 e of Publication : JANUARY 24 , 2004 I , �r 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 ; 5 day of ; ' - 2004 . Notary Public LORI L. QUIGLEY Notary Public, State of New York No. 016U6012333 Oualified Commission Expires Tompkins uust 20,, 2 County (r PUBLIC HEARING TOWN OF ITHACA t t NOTICE IS HEREBY GIVEN that the Town Board of the f Town of Ithaca will hold a t public hearing at Town Hall, 215 North Tio3a Street, Ithaca, New York on Mon. doy, February 9, 2003 at 6: 15 p. m . regarding a Lo- cal Law Increasing the in- come Limitations for the Par- tial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are 65 years of age or old- er. At this time the Town Board will hear any individ- uals in favor of or opposed to said local law. FURTHER NOTICE IS GIV- EN that individuals with vis- ual or hearing impairments t or other special needs will t be provided with assistance c as necessary upon request. s Persons desiring assistance t must make a request to the I: Town Clerk not less than 48 F hours prior to the time of the ( public hearing . ii Dated: 1 January 22, 2003 c Tee-Ann Hunter c Town Clerk F January 24, 2004 r February 9 , 2004 Town Board Meeting ATTACHMENT # 3 Dear Fellow Board Members : At the January meeting of the Ithaca Town Board, I wondered aloud if the reasons for the real estate tax exemptions for those over 65 were still valid. I have done some internet research and talked with several experts on aging at Cornell . Here is what I learned (my interpretation and conclusion , not that of any of the Cornell experts) : 1 . Recognition of the plight of poverty among seniors in the 1960s and 1970s resulted in a great public policy success . As stated in a new book co-authored by Richard Burkhauser, chair of the Department of Policy Analysis and Management , entitled , The Economics of an Aging Society (2004) , "Following large increases in Social Security benefits in the late 1960s and the early 1970s , however, the elderly poverty rate plummeted, falling from about 30 percent in 1967 to less than 15 percent by 1974 , and 14 percent in 1977 and 1978 . By 1982 , the elderly poverty rate was below that for the population as a whole, and it has remained below the overall rate ever since . " And, "The official 1999 estimate, 9 . 7 percent, is about two points below the overall rate of 11 . 8 percent . " (page 49) 2 . In The Millenium Report: the Status of Seniors in Tompkins County (2003) it is reported that the poverty rate for county residents over 60 is 7 . 8 % , significantly better than the national average . It also states , "The economic status of older Americans has improved dramatically over the past three decades . " In the report, the older individuals with incomes of between $20,000 and $33 ,000 per year are described as "upper-middle income elderly . " (Chapter 5 , page 3 ) 3 . The US census has calculated the rate of poverty for age groups when all income and equity in one ' s own home is included. In that case, the poverty rate for those over 65 is 5 . 7 % , about half that of all other age groups . 4. Seniors may receive additional real estate exemptions (clergy, veteran ' s) as well as STAR, SSI, subsidized housing, EPIC , health care subsidies, EISP, HEAP . 5 . An article by the Associated Press printed in the Ithaca Journal January 12 , 2004 reported that the number of low-paying jobs tripled in New York State since the 1970s , leading to the percentage of low wage workers surging from 3 . 6 % in 1979 to 11 . 7 % in 2000 . That is one reason many younger people are struggling with incomes less than that of the elderly . 6 . Despite the evidence of improved financial status of those over 65 , pockets of problems persist : the national poverty rate for white , non -Hispanics is 8 . 1 % , but for Blacks it is 24 . 9 % and for Hispanics 22 . 6 % . Women also have rates of poverty a couple of percentage points higher than that of men . Conclusion : tax exemptions based on age are obsolete and unfair to younger taxpayers . Does this mean the exemption for seniors should be eliminated ? My answer is no, because some individuals continue to be in need. But, we should become advocates for a more rational tax exemption policy to benefit all eligible low- incorne residents of the town . Herb Engman February, 2004 Town Board Meeting 2 / 9 / 04 ATTACHMENT # 4 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 l - PROJECT INFORMATION ( To be completed by Applican t or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Local Law Increasing the Income Limitations for the Town of Ithaca Town Board Partial Tax Exemption for Real Property Owned by Disabled Persons with Limited Incomes . 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 disabled persons with 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 sheets if necessary to adequately describe the proposed project. ) 6. Amount of land affected : N/A 1 i ally (0-5yrs) Acres (6- 10yrs) (> 10 yrs) Acres ow 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 : ��� n f ERT II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) oes proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? S NO X If yes, coordinate the review process and use the full EAF, ill 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. 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. 5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly : None anticipated. 6. Long term, short term, cumulative, or other effects not identified in C1 -05? 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 address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Pre arer' s Signature(If different from Responsible Officer) Aftatherine Valentino Supervisor I ae & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE : February 9 , 2004 ture of Responsible Officer in Lead Agency February 9 , 2004 Town Board Meeting ATTACHMENT # 5 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY , NY 12231 a (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. XYAN €y MYX of - - - - - - THACA- - - - - - - - - - - - - - - - - - - - Town - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - XXX Local Law No. - - - - 2 - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ - - - of the year 20_ _ 04 A local law . . - -I-N-CREA.Si NG_ - THE INCOME, - LJ-M-ITAT_I-QNS- _ TZ11 _ T_HR - PART -IAL - -TAX _ _ (Iwen ?.de) EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WITH LIMITED INCOMES - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Be it enacted by the - - - - - TOWN BOARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the (Namc of Legidafrve Body) Go XQW ITHACA Townof - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : WNW ( SEE ATTACHED PAGES ONE AND TWO ) (If additional space is needed , attach pages the same size as this sheet , and number each .) DOS -239 ( Rev. 11/99) 1 l TOWN OF ITHACA LOCAL LAW NO . 2 OF THE YEAR 2004 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 462 of the Laws of 2003 . 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 linvted 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 PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to and including $24 ,000. 00 50 % More than $24 ,000 . 00 but less than $25 ,000 . 00 45 % $ 25 ,000 . 00 or more but less than $26 ,000 . 00 40 % $26 ,000 . 00 or more but less than $27 ,000 . 00 35 % $27 ,000 . 00 or more but less than $27 , 900 . 00 30 % $ 27 , 900 . 00 or more but less than $ 28 , 800 . 00 25 % $28 , 800. 00 or more but less than $ 29 ,700 . 00 20 % $29 , 700 . 00 or more but 1 >u l•;re171ptioii tot Pcisells pith locall-nrs. FcL1u;in 13. 2001 Y JJ 11l less than $ 30 , 600 . 00 15 % $ 30 , 600 . 00 or more but less than $ 31 , 500 . 00 10 % $ 31 ,500 . 00 or more but less than $ 32 ,400 . 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 the Real Property Tax Law of the State of New York . This local law shall be adnunistered 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 . 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 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 certification in the paragraph that applies to the riling 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 , desiggnated as local law No . - - - - - - - - - - 2 - - - - - - - - - - - - - - - - - - - - - - - of 2004 of thtx} r (Town) (Vgl0 of - - - - was duly passed by the ARIA" � - - - - - — - - - - - - - - — - - - - - - - - - - - - - - - - TOWN _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on 2_/ 9_ _ _ _ _ _ _ 214 _ , in accordance with the applicable provisions of law_ (Name of Legislative Body) 2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer * .) I hereby certify that the local law annexed hereto, designated as local law No- - - - - - - - - - - _ - - - - - - - - - - - - of 20- - - - - - of the (Town) (VNN of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - - - - _ - - - - - - - _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ _ _ , and was (approved) (not approved)(repassed after (Name of Legislative Body) disapproval ) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ _ 20_ (Elective Chief Executive Officer *) - - - - - - - - - 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- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the ( County)( City ) (Town) ( Village) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ was duly passed by the - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20_ _ _ _ , and was (approved) (not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- - - - - - - - - - - - - - - - - - - 20_ _ - _ . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum , and received the affirmative vote of a majority of the 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 filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the ( County )(City )(Town) (Village ) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - w - was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20- - - and was (approved) (not a (Name of Legislative Body) approved)(repassed after disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 - - - . Such local law was subject to (Elective Chief Executive Officer9) permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20. - _ _ in accordance with the applicable provisions of law. ' * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county . wide basis or, if there be none , the chairperson of the county legislative body, the mayor of a city or village , or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances ( 2) 56 ( City local law concerning Charter revision proposed by petition .) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ became operative . 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - of the County of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State of New York , having been submitted to the electors 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 qualified electors of the towns of said county considered as a unit voting at said general election, became operative . (If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript Terefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph _ _ _ _ _ _ _ _ _ _ _ _ _ above . Clerk of the County legislative body, City , Town or Village Clerk or officer designated by local legislative body (Seal) Date : (Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF "' ftK INS COUNTY OF 1 , the undersigned , hereby certify that the foregoing local law, ontains the correct text and that all proper proceedings have been had or taken for the enactment of the local l?RNEY reto . AT Signatu THE TOWN Title Cfit6 t- of ITHACA Town XMA Date : E ( 3 ) February 9 , 2004 Town Board Meeting ATTACHMENT # 6 Local Law Filing NEW YORK STATE 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. � X * X Townof - - - - - - - - - ITHAGA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X" � Local Law No_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of the year 20_ _ 04 A local law _ _ _ _ _ _ AMENDING_ _ AND_ - RESTATING _ _ THE _ _ TOWN_ _ QE _ _ ITHACA _ -SZ4YRR _ RENT_ (1 .,eN Tide) . . . . RD INANGEB_ _ AND, RELATED _ _LANDS __ - - - - - - - _ _ _ _ _ . . . . . . . _ . . . . . . . . . . . . _ _ _ _ _ _ . . . _ _ _ _ _ . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - Be it enacted by the - - - - T_0_W_N_ _ BDABD- - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the yy.yyygg (Nw e o/Le;idoeive Body) L:yWvo XXeft Town °f - - - - - - - - - - -I_TBAIr A- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : X3(t1X ( SEE ATTACHED PAGES ONE THROUGH SIX ) (] f additional space is needed , attach pages the same size as this sheet , and number each .) DOS -239 (Rev. 11/99) ( 1 ) �hown Board Meeting 2/9/04 Agenda Item TOWN OF ITHACA LOCAL . LAW NO , 3 OF THE YEAR 200/1 A LOCAL LAW AMENDING AND RESTATING THE TOWN OF ITHACA SEWER RENT ORDINANCES AND RELATED LOCAL LAWS Be it enacted by the Town Board of the Town of Ithaca as follovvs : Section 1 . Title . This Local Law shall be known and may be cited as the Town of Ithaca Sewer Rent Law . Section 2 . Purpose and Intent . A . The Town of Ithaca ( the "Town" ) has established , by duly adopted procedures , a Town - wide sewer improvement area and a Town - wide Town of Ithaca-Ithaca Area Wastewater Treatment Plant Improvement Area as an addition to the Town-wide sewer improvement area. 2 . The Town , by the ordinances and local laws referred to below in this local law , has established sewer rents for the purposes permitted by , and in accordance with , General Municipal Law Article 14 -F, Town Law Sections 130 , 133 , 198 , and 209 -q . 3 . The Town wishes to clarify and consolidate the various ordinances and local laws into one restated sewer rent law . 4 . The Town hereby finds and determines that the most equitable manner of collecting funds from the various properties within the Town served by its sewer system ( the "Improvement Area") to defray the costs of operating , maintaining , and financing the Town ' s sewer system and the Ithaca Area Wastewater Treatment Plant is to be based , to the extent reasonably possible , upon the consumption of water on the premises connected with and served by the said Improvement Area. All other costs of expenditures for operating and maintaining the facilities of said Improvement Area shall continue to be computed and assessed upon benefitted real property pursuant the process conducted by the Town annually for the purpose of making such assessments as the same may be applied and modified from time to time hereafter. Section 3 . Definitions . For the purposes of this local law , unless otherwise provided in this local law , the definitions set forth in section 451 of the General Municipal Law shall be controlling. t Sewer Rent Local Law Restatement & Amendment; WN. 0; Hal. JCB lthaca Lucal Lmvs & Ordinances; February 13, ZOOM ( 12: 32PM) Section 4 . Sewer Rents A . Imposition . Pursuant to subdivision 12 - a of section 209-q of the Town Law , paragraph ( 1) of subdivision 1 of section 198 of the Town Law , and article 14 -F of the General Municipal Law , the Town hereby establishes and imposes sewer rents for the use of the sewer system or for any part or parts thereof and establishes and imposes such sewer rents as a minimum charge . 2 . Computation . 1 . Effective January 1 , 1987 , there is hereby imposed a sewer rent payable by all users connected to the Townwide sewer system at a rate of $ . 77 per 100 cubic feet of water consumed . Commencing effective January 1 , 1990, such sewer rent shall be increased to $ . 85 per 100 cubic feet of water consumed . Commencing effective January 1 , 1991 , such sewer rent shall be increased to $ . 90 per 100 cubic feet of water consumed . Commencing January 1 , 1994 , such sewer rent shall be $ 1 . 35 per 1 , 000 gallons of water consumed . Commencing January 1 , 1995 , such sewer rent shall be $ 1 . 95 per 1 ,000 gallons of water consumed . Commencing January 1 , 1996 , such sewer rent shall be $2 . 20 per 1 ,000 gallons of water consumed . 2 . In addition , and notwithstanding the foregoing rate structure , there shall be a minimum base charge for regular quarterly bills sent after January 3 , 1994 in the amount of $ 13 . 50. Commencing January 1 , 1995 the minimum base charge for regular quarterly bills will be $ 15 . 60 . Commencing January 1 , 1996 , the minimum base charge for regular quarterly bills will be $ 17 . 60 . 3 . Multiple housing and mobile home parks of over two dwelling units , using a master water meter, will be computed as follows : The quarterly master water meter reading will be divided by the number of dwelling units and the sewer rent charge will be figured on this number as if the unit was individually metered . The sewer rent will then be multiplied by the number of units on the master water meter and this will be the billing rendered and the amount payable . If the calculation of the water consumed per dwelling unit is less than the amount that would be permitted before exceeding the minimum sewer rent set forth above , then the billing will be calculating by multiplying the number of units served by the master water meter- times the minimum sewer rent set forth above (e . g . , if there were twenty dwelling units on the master meter, and the total water consumption shown by the master meter was 100, 000 gallons , the sewer rent payable would be $ 352 . 00 (20 units times $ 17 . 60) rather than $220. 00 ( 100,000 gallons at $2 . 20/ 1 ,000 gallons ) ) . 4 . The charges set forth above shall be effective with respect to bills rendered on or after- the effective dates set forth above , even if the measurement is for Sewer Refit Laced Laic Restatement & Amendmenr, WP3. 0; Hal; JCB Ithaca Local Lafrs & Ordinances; February 13. 2004 ( 12.52PM,) consumption prior to the above effective dates (i . e . , any bill rendered after January 17 1996 shall be calculated at the rate of $2 . 20/ 1 ,000 gallons even if the sewer use occurred prior to January 1 , 1996 . ) 5 . In the event a property is connected to public sewer, but is not connected to a water meter , and is a not a one or two family dwelling , the sewer rate shall be based upon estimated water consumption as reasonably determined by the Town Engineer based upon recognized methods of estimating typical consumption for the type of facility involved (e . g . gallons per day per bedroom) . If such property is a one or two family dwelling , the sewer rent shall be $37 . 60 . Section 5 . Cooperation by Owner of Real Property. The Town Engineer may require each owner and/or occupant of real property within the Town connected to the Town-wide sewer facilities to furnish such information as may be necessary and reasonable in order to carry out the provisions of this local law . Any duly authorized officer, employee , contractor, or agent of the Town or other person duly authorized by the Town , including employees or other persons associated with the Southern Cayuga Lake Intermunicipal Water Commission, shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or purposes of this local law . Section 6 . Payment and Collection ; Liens for Unpaid Sewer Rents . I . All rents and charges due hereunder shall be payable quarterly and shall be paid to the Town Clerk of the Town at the Town Offices at 215 North Tioga Street, Ithaca, New York , except for such rents and charges which are due and payable to any other entity to whom billing authority for sewer rents has been given or delegated by the Town . 2 . The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town which are connected to the Town-wide water system and the Town - wide sewer system , and sewer bills shall be mailed to the owner or any other person to whom a water bill is addressed , billed, or mailed by the Town or other entity performing water billing services for the Town , and at the address appearing on said water bill . If property is connected to the Town-wide sewer system but not to a Town operated water system , unless the property owner has directed the Town in writing to use a different address , the sewer rent bill shall be sent to the address to which real estate tax bills for the property are sent . The failure of any owner or other user to receive a bill shall not excuse non-payment thereof, nor shall it operate as a waiver of the penalty herein prescribed . Notwithstanding any other provision in this Ordinance , all sewer rents , surcharges or other- fees or charges relating to sewer service , shall be a charge against the owner of the premises connected with the Town - wide sewer system , and such owner shall be liable for the payment of all such rents and charges , including penalties and interest . 3 . In the event any sewer rent is not paid within 30 days of the date of the bill , there shall be 3 Sewer Rent Local Latin Restatement & Amendment, WP8. 0: Hid; JCB Ithaca Local Leers & Ordinances; Febritary 13. 2004 ( 12. 52PM) added a penalty of 10% for late payment. 4 . If sewer rents or other charges payable hereunder are not paid within 60 days from the date on which they are due , the Town Supervisor or other person designated by the Town Supervisor may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner addressed to the address to which bills are to be sent, and to the occupant of the premises , addressed at the premises , stating the amount due and demanding payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made , the sewer service shall be discontinued , without further notice , and , at the expiration of such period the Town Supervisor, or any employee or officer of the Town designated by the Town Supervisor, or the Town Board , or any person referred to in Section 5 above , may enter on said premises and cause the sewer service to be disconnected . 5 . Sewer rents and any other charges payable hereunder shall constitute a lien on the real property served by the sewer system . The priority of such lien , and the enforcement thereof shall be in accordance with Article 14 -F of the General Municipal Law which presently provides that the lien shall be prior and superior to every other lien or claim except the lien of an existing tax , assessment or other lawful charge enforced by or for the State or a political subdivision or district thereof. 6 . The Town may bring an action (a) as upon contract, for sewer rents , surcharges thereto , and all other charges incurred by the owner of property in connection with sewer service, which are in arrears , together with interest and penalties thereon , or (b ) to foreclose liens for such sewer rents and surcharges . Also, in the alternative , the Town Board may cause any unpaid sewer rents , surcharges , or other charges to be levied and collected in the same manner and in the same time as the Town and County Tax in accordance with the provisions of Article 14-F ( subdivision 4 of Section 452 ) of the General Municipal Law , or any amendment thereof. Section 7 . Collection of Other Costs . Any costs and expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the sewer system or otherwise for which the owner of any property served by or connected with the sewer system is obligated under this local law or any other local law , ordinance, statute or provision of law , shall be collected in the manner provided for the collection of sewer rents in this local law , and shall be a lien upon the property and enforceable in accordance with the provisions of this local law , or any other applicable provision of law . Section 8 . Correction of Errors . If any owner of real property on which a sewer rent has been imposed deems himself or herself aggrieved because such real property is not served by the sewer system or an error has been made in computing such sewer rent , he or she may file an application for a refund of all or part of such 4 Sewer Rent Local Law Restatement & Amendment, 6VP8. 0, Hal; JCB Ithaca Local Laws & Ordinances; February 13. 2004 (12: 52Ptb1) sewer rent. Such application shall be verified by the owner and shall set forth the amount of refund sought and the grounds therefor. Such application shall be presented to the Town Board of the Town , which may refund all or part of such sewer rent. Any such application shall be filed within sixty days of the time the applicant learns of the claimed error, and in any event within four months of the date of the bill claimed to be in error. The Town Board may, for good cause shown , extend the time for the filing of such application if circumstances show the charges are patently unfair and that the applicant had a reasonable basis for not timely filing the application for correction of the error. Section 9 . Sewer Rent Fund . Any revenues derived by the Town of Ithaca from the sewer rents, including penalties and interest , shall be deposited in a special fund to be known as the "Sewer Rent Fund " . Monies in such fund shall be used for the payment of the necessary management , maintenance , operation, repair and financing of any sewer improvement or service provided by the Town or the Town -wide sewer improvement area, including any payment required to be made by the Town to any contracting municipality for such purposes , including interest and penalties. Except as otherwise stated in this local law , at any time, any surcharges on said sewer rents shall be used for the costs of sewer operations as above defined and shall be specifically designated for such purpose in the Sewer Rent Fund. Moneys in the fund shall be used to pay the Town ' s share of the operating and maintenance costs and capital costs , to the extent authorized by law and the Town Board, related to collection , transmission and treatment of sewage and for any other purpose authorized by General Muncipal Law Section 453 as the same may be amended from time to time . Section 10 . Applicability . This Local Law shall apply to all properties in the Town outside the Village of Cayuga Heights that are connected to any sewer system operated by the Town , including the Town - wide sewer system . Section 11 . Separability Clause . If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances . Section 12 . Superseding and Amending- of Prior Ordinance and Local Laws . L Town of Ithaca Sewer Rent Ordinances adopted by the Town Board on August 11 , 1969 , and July 10, 1972 , and Local Law Number 6 of the year 1986 entitled "A LOCAL LAW TO ESTABLISH SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA" adopted to be effective January 1 , 1987 , as amended by Local Law Number 7 of the year 1989 , by Local Law Number 12 of the year 1990 , by Local 5 Sewer Rent Local Lair Resteuemem & Amencment WP8. 01 Hal, JCB Ithaca Local Laws & Ordinances: February 13, 2004 ( 12:52PM) Law Number 11 of the year 1993 , by Local Law Number 7 of the year 1994 , by Local Law Number 12 of the year 1995 , by Local Law Number 4 of the year 1997 , and by any other ordinances or local laws amending any of the foregoing , are all hereby amended and restated to read as set forth in this Local Law effective upon the effective date of this Local Law . To the extent the provisions of said earlier ordinances and local laws conflict with the Local Law as set forth herein , this Local. Law shall govern . 2 . Notwithstanding the foregoing, the sewer rents in effect prior to the effective date of this amended and re- stated Town of Ithac Sewer Rent Law shall continue in effect for the purposes of determining any amounts due for sewer rents during the periods referred to in said prior local laws and ordinances . Section 13 . Effective Date . This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law . 6 (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 hereb 4")1M"fiT0wn) (A5d4eertify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ 3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ 04 of the Dof - - - - - - I-T_HACA - - - - - - _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ - - - - - - - was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _2l-R - - - - - - - - - - 20 -04j in accordance with the applicable provisions of law. (Nome of Legislative Body) 2 . (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. - - - _ _ _ _ _ _ _ - _ _ . . . of 20- - - - - - of the (County')(City)(Town) (V Mage)of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - _ _ . . . _ - - - - - - - - - - - - - - - _ - - - - - - - - - and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ - - - (Elective Chief Executive Officer •) 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ _ of 20- - - of the (County)(Ci (y )(Town)(ViIlage) of - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval ) by the - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - _ - - - - - - _ - - - - - - - - - - on- - - - - -- -- - - - - - - - - - - 20- - - - . Such local law was submitted (Elective Chief Executive Officer's) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera l)(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 filed requesting referendum .) 1 hereby certify that the local law annexed hereto, designated as local law No . . . . . . . . . . . . . _ . . . . . . . . . . . . _ - - - - - - - - - of 20- - - - - - of the ( County)(City )(Town) (Village ) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - -: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20 - - - . Such local law was subject to (Elective Chief Executive Officer ') permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county - wide basis or, if there be none , the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (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 . - - - - - - - - - - - _ - - - - - - - - _ of 20- - - - - - of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of 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 . _ _ _ - - - - - - - - - - - _ - - - - - - - - - - - _ - - - - - - of 20_ _ _ _ _ _ of the County of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of New York , having been submitted to the electors 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 qualified electors of the towns of said county considered as a unit voting at said general election, became operative . (If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript tierefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph _ _ _ _ _ _ _ _ _ _ _ _ _ above . Cleric of the County legislative body , City, Town or Village Clerk or officer designated by local legislative body (Seal) Date (Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF N11tY INS COUNTY OF 1, the undersigned , hereby certify that the foregoing local law co ains the correct text and that all proper proceedings have been had or taken for the enactment of the local law a n x hereto . IL Signature A ORNEY FOR THE TOWN Title W� of ITHACA Town IM r - Date : �Lb'*A'0� �2 J5- o0 y ( 3 ) � February 9 , 2004 Town Board Meeting ATTACHMENT # 7 Agenda i 4 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JONATHAN KAN TER, DIRECTOR OF PLANNING RE : SKY GARDENS CONDOMINIUMS PROPOSAL, MECKLENBURG ROAD DATE : FEBRUARY 3 , 2004 The Town Board is being asked to consider rezoning a portion of Tax Parcel No . 27- 1 - 14 . 2 on Mecklenburg Road for the construction of 200 market-rate condominium units, and to consider referring the proposal to the Planning Board for a recommendation . This is scheduled for the February 9th Town Board meeting. Attached is a Property Analysis prepared by the Planning Department with descriptions of the site and surrounding area, and comments regarding the proposal . Also included are materials provided by the applicant, including a cover letter with the rezoning request, a project description in narrative form, and conceptual site development drawings . This would be a "Type I" action pursuant to the State Environmental Quality Review Act (SEQR) and the Town of Ithaca Environmental Review Law, since the proposal includes the construction of 30 or more residential units and the physical alteration of 10 or more acres (Sections V. 2 .b and V . 3 .a. of the Town of Ithaca Environmental Review Law — Local Law No. 5 , 1988), as well being situated within County Agricultural District No. 2 . If the Town Board decides to refer this proposal to the Planning Board for a recommendation, the Town Board may want to consider requesting that the Planning Board establish itself as lead agency to coordinate the environmental review for the proposed project. Actions would include a re-zoning by the Town Board and site plan and possible subdivision approval by the Planning Board. Possible Board Actions at February 91h Meeting : • Consider referring zoning proposal to Planning Board for recommendation. • Confirm classification as "Type I" Action pursuant to SEQR, and if Type I, consider requesting that Planning Board establish itself as Lead Agency to coordinate the environmental review, if referred. Representatives of the applicant will be present at the February 9th meeting and will be available to answer questions from Town Board members. Meanwhile, please feel free to let me know if you have any questions regarding this matter prior to the meeting. Att. cc : John Rancich Katrina A Thaler, Thaler & Thaler Attorneys PROPERTY ANALYSIS : PROPOSED SKY GARDENS CONDOMINIUMS Tax Parcel No . : 27- 1 - 14 . 2 Location : 1310 Mecklenburg Road Owner: John Rancich (formerly owned by Eddy) Acres : 93 .49 +/- Current Zoning : AG Agricultural (83 acres +/-) ; R- 15 Residence ( 10 . 5 acres +/-) New Zoning (effective April 1 , 2004) : All 93 .49 +/- acres to be in new AG Agricultural Zone Comprehensive Plan Recommendation : Most of the site is designated as "Agricultural" in the 1993 Comprehensive Plan, which has the goal of preserving the potential agricultural use . The eastern edge of the site (i . e . , the portion zoned R- 15 ) is designated as "Suburban Residential" in the Comprehensive Plan . Agricultural District : The site is situated within NYS/Tompkins County Agricultural District No . 2 , and the former owner had been receiving the agricultural tax abatement under the AG District program . Current Site Use : Agricultural fields and gravel mining operation (NYS Dept. of Environmental Conservation issued a mining permit) . Surrounding Zoning : R- 15 to north (Perry Farm) and northeast (former Cerrache property now owned by Conifer Realty) ; MR Multiple Residence to east (Linderman Creek Apartments) ; R-30 along Mecklenburg Road; Special Land Use District (SLUD No . 8) to south on EcoVillage site. Surrounding Land Use : Primarily agricultural and vacant/undeveloped land, with low density residential along West Haven and Mecklenburg Roads . Also two antique dealers nearby. Linderman Creek Apartments to east . EcoVillage CoHousing Cooperative to south . Public Water: Yes , water line through adjacent Conifer/Linderman Creek site to east and along West Haven Road. The R- 15 portion has adequate water pressure . The remainder of the site to the west is outside of the water pressure area, unless additional improvements are implemented. Public Sewer: Yes , sewer main at West Haven Road and at Linderman Creek development. Environmental/Site Constraints : Power line along western edge of property; Class III agricultural soils (not considered "prime" but are considered other important agricultural soils" in Comprehensive Plan) . Development Proposal/Rezoning_Request : The applicant is proposing 200 market-rate condominium units with a clubhouse, fitness center, cafe, pool and tennis courts, all on the eastern half of the site . The remaining portion would be used for agriculture , a golf course, or other open space use . The applicant is requesting the rezoning of the development area from R- 15 Residence and AG Agricultural to MR Multiple Residence . Development Potential Under Current Zoning : Assumption 1 : Under a full build-out cluster development using the cluster density factors in the Subdivision Regulations (max . 3 . 5 d . u . per acre in R- 15 and max: . 2 . 3 d . u . per acre in R-30 — the AG portion of the site would have to be rezoned to R-30 to permit clustering) , the theoretical maximum development on the site would be approximately 228 dwelling units . Assumption 2 : Assuming full cluster development in the R- 15 portion (+/- 37 d.u .) and conventional R-30 size lots in the AG portion (+/- 96 lots with min . 30,000 sq. ft. ), the theoretical maximum number of cluster and single- family homes would be approximately 133 dwelling units . If one assumes an additional second unit on about one-third of the conventional lots, that could add up to 32 additional dwelling units, resulting in a total of approximately 165 dwelling units. Assumption 3 : Assuming the new Agricultural Zone density of one house per seven acres of site area (effective April 1 , 2004) , the new zoning would permit a maximum of 13 single- family houses, and if all 13 houses had the permitted second unit, the maximum under the new zoning would be 26 dwelling units . [Note: Assumptions I and 2 above do not account for the constraints of the existing power lines or other site factors, and are strictly theoretical calculations for comparison purposes.] Comments : The Sky Gardens proposal would require a rezoning to either MR Multiple Residence (as proposed), or alternatively, a Special Land Use District (PDZ in the new Zoning Ordinance) to permit the density and type of development proposed. This is somewhat of a transitional area between the planned growth area of the Town and the agricultural area to be preserved. Available water pressure will be an issue that needs to be addressed in determining the overall number of dwelling units that can be accommodated on the site . The overall concept of condominiums concentrated on the eastern half of the site appears to be reasonable if the western half of the site is committed to open space use — the open space would serve as a good transition and buffer between the development area and the agricultural areas to the west. One approach would be to consider a Planned Development Zone (PDZ) for the entire parcel , which could address the permitted uses on the entire site (e . g. , number of condominiums and types of related uses permitted in the development area; open space uses that would be permitted in the remaining area, such as agriculture, recreation/golf course , or other open space use) . The number of dwelling units that would be permitted is an issue for the Town Board and Planning Board to address, not only in terms of the water system and pressure conditions , but also the transitional character of this area and the need to preserve the agricultural resources in the Town. The site is in County Ag District No . 2 , thus requiring the filing of a Notice of Intent with the State Department of Agriculture and Markets for the extension of public water and sewer to this site . This will be a Type I action under the State Environmental Quality Review Act, which will require detailed analysis of key environmental issues, such as traffic , impact on agricultural resources, character of the surrounding community, drainage/stormwater management, among others. 'l o` ,n of Ithaca PlannIn g 1 )ejmrtaient 2 Febiaary 3 2004 Thaler & Thaler Attorneys and Counselors at Law 309 North Tioga Street Richard B. Thaler P. O. Box 266 Louis K. Thaler ( 1903- 1979) Richard T. John Ithaca, New York 14851 -0266 Nathaniel F. Knappen ( 1951 - 1990) Guy K. Krogh Thomas D. Cramer Telephone: (607) 272 -2314 Sharon M. Suhmowicz Fax: (607) 2 72 -8466 Service By Fax or Other Electronic Communication Not Accepted Andrew J. Bonavia Kathaler@thalerandthaler. com Kate M. Powers Katrina A. Thalert talso admitted in Massachusetts John F. Marestt ttadmitted only in New Mexico Kristin R. Muenzenttt ttt admitted only in Wisconsin January 21 , 2004 Ms. Cathy Valentino JAN 2 1 2004 Town Supervisor Town of Ithaca I - 0: ! T ,, ACA 215 North Tioga Street Fi , � Ithaca, NY 14850 RE : Sky Gardens - Development Review Application Rezoning Project Number 03- 12-473 Dear Supervisor Valentino and Members of the Town Board of Ithaca : It is with great pleasure that I submit to you on behalf of John Rancich ("the Applicant' ) a Development Review Application for Rezoning for the Sky Gardens Project. Please find enclosed twenty (20) copies of the following documents : 1 ) Development Review Application; 2) Short Narrative for Sky Gardens Condominiums; 3) A Preliminary Site Plan Scheme; and 4) A Preliminary Design Concept for Sky Gardens Condominiums . The proposed Sky Gardens Project will be constructed on land located approximately 500 yards west of the Ithaca city limits on Route 79 West, Mecklenburg Road, which was formerly a part of the Marshall Farms . A small portion of this land is currently zoned R-15 and the remaining portion is currently zoned as Agricultural (AG) . The land is presently being used for a gravel mining operation. The Applicant requests that a portion of land be rezoned as Multiple Residence and the remaining portion continue to be zoned Agricultural (AG) . If rezoning is permitted, the Applicant envisions abandoning the current gravel mining use to build a cluster development project in the northeastern portion of the land which will provide buyers with exceptional homes with access to recreational areas . The remaining portion of the land will be utilized for agriculture, a golf course or open Ms . Valentino and Members of the Town Board of Ithaca Re : Sky Gardens - Development Review Application Rezoning January 21 , 2004 Page 2 space . The project would be constructed in phases over a period of one ( 1 ) to three (3) years and would include approximately twelve ( 12) buildings containing 200 units . The Applicant requests that you review his application and supporting documentation, consider his requested rezoning and refer the project to the Planning Board for its recommendation. If you have any questions or require additional information, please feel free to contact me . Thank you in advance for your time and consideration. Very truly yours, THALER & THALER , c titi a 6 c7 ov, Katrina A . Thaler Enclosures cc: Mr . John Rancich Richard B . Thaler, Esq. TOWN OF IT 'I(S[] �M� 2J� ENT �FORFI`ClE1�; �I ' � r it- U L! LJ 6 r' ' YS.•c W''.c,e. ,� yn.7. F � .+ �+G'g � OF 1T__ f _ , 215 North Tiog iSget-- date Retu � L �, j Ithaca, NY 148 , Yoe, D C 2 �i 1 Ell M(607) 273 - 1747 , x '': E ? F _ - rX Wvf 1 i µ ALL APPLICATIONS: TOWN OF ITHACA ► Cif ' EPFIh -- Type of Application : Subdivision --- -R ' � .,;te.t r-) � T Stage of Review: Sketch _ Preliminary A 1 Meeting Project Name (if any) : , l Street Address/Location of Project: � � � �,P s _ A 1( f#47. Tax Parcel No . : Owner : �� C Owner' s Address : Phone No . : Applicant or Agent (if different from Owner) : Applicant/Agent' s Address : Phone No . : Engineer: Phone No . : hitect: � Phone No . : 2 orney : ��� P Phone No . : 02 SUBDI UISION APPLICA TIONS: Total number of lots proposed (existing + new) : Are new roads or public utilities proposed? Estimated site improvement cost (exclude cost of land acquisition & prof. fees) : SITE PLAN APPLICATIONS: Project is (circle one) : Residential Non-Residential Lot Area: Total Bldg. Floor Area: No . of Dwelling Units : Estimated project cost (exclude cost of land acquisition & prof. fees) : REZONING APPLICATIONS: Existing Zoning: 411�4f � Proposed . Zoning : f o PS LiP�LCATI+f NS. ; 't #ie tnforanatiop ou ih�s application fnrm', s subm�t#ed in addiiaon to other mfl r fion, Mats; and plans required by at a down o Ithaca 3 attest tha 1 informs#on so;;�abmitted is complete and accurate to the best of my know ridge ? lso, by luXg th?s application, peririisstfln ]� giant d to inembez.: ee Plannin antlta ansunlil5,�nd17�12tle��ae riSSiesigna #he T� vn nay b tiara 5 g rsia cesi ithat ed,in the to aey+ of this application, t©; enter 'the property specified above to inspect in connection with the r�vieiv of ti is : Pp+ eatirzn p 's ►mature Ll L9 Date., ?pPlicWORg Signature (if differen Date * cn� 06 ' oi 7c ;C,4/ J �a : 1x FOROFF� E 3� E O ?. a+ (y '' _{ r � k-*', Y i APPLICATION FEE DEVELOPMENT REVIEW TYPE OF REVIEW (non- refundable) DEPOSIT" Town Fee Schedule` "' Dne ' Town Fee Schedule Due SEMMES Subdivision Reviews Initial Application (Sketch): 14 new lots/units* $50.00 N/A 5- 10 new lots/units * $75.00 N/A > 10 new lots/units * $ 100.00 plus $2 /lot or unit N/A Preliminary Plat: 1 - 10 new lots/units* $50.00 plus $ 10/lot or unit N/A (without roads or public utilities) All Others $ 100.00 0.5% of est. site impr. cost Final Plat: 1 - 10 new lots/units * $50.00 plus $ 10/lot or unit N/A (without roads or public utilities) All Others $ 100,00 0.5% of est. site impr. cost L Inspection (not bldg. insp.) 0.5% of est. site impr. cost Replats whose sole purpose is to dedicate land for public use --------- No Charge N/A affirmations $50.00 plus $5/lot or unit N/A Site Plan Review: Initial Application (Sketch) $75 .00 N/A Preliminary Plan Non-Residential $ 100.00 0 . 1 % of est. project cost Residential $ 100 .00 $25 .00 per dwelling unit Final Plan Non-Residential $ 100.00 0 .5 % of est. project cost Residential $ 100 .00 $25 .00 per dwelling unit Engineering/Planning inspection : Non-Residential 0.05% of est. project cost Residential $25 .00 per dwelling unit $ 175 .00 ,plus pertinent vo N/A Rezoning/Zoning Amendment — site plan fees � 7S Special Approvals $ 100 .00 - plus pertinent site plan fees P PP Apply with Building and Zoning Department NIEMEN Area & Use Variances $ 80.00 — Apply with Building and Zoning Department Additional Meeting Fees: Agenda Processing $30. 00 N/A Public Hearing Processing $50.00 N/A Please consult Town of Ithaca Zoning Calculated Fees : Calculated Deposit: Ordinance, Section 84, or Local Law No. 10, 1994,jar a complete explanation of Fee Adjustment (if any) : Adjustment (if any): application public hearing fees, and review fees Please note that the actual cost of Fees Paid : 000 . DevRev Deposited : conducting a review may exceed the initial Receipt #: 1 7 p _3 Receipt #• development review deposit, at which time an 6 additional amount will be requested Check # • y Check # • NOTES : * Number of new lots is the number that would exist after subdivision * * $200.00 minimum initial Development Review Deposit. Review Fees and Inspection Fees are intended to cover actual costs of statt review and inspection. Received by Date X,. 2 Lo,3 SKY GARDENS CONDOMINIUMS " SKY GARDENS CONDOMINIUMS " PROPOSAL FOR 200 UNITS LOCATED ON WEST HILL Our "Sky Gardens Condominiums" project intends on delivering buyers with exceptional homes equipped with a recreational area in Ithaca, NY. Our goal is to use a small portion of the land to generate superior housing for area residents. The proposed "Sky Gardens" project will be constructed on land located approximately 500 yards west of the Ithaca city limits in New York; on route 79 West, formerly known as the Marshall Farms; Tax Map #27444.2 (approximately 93 acres of land) . Presently, the land is being used as a gravel mining operation. There is an existing road currently in use for the mine. The mining road has been approved by the D.E.C . and the entry road, from route 79, has been approved by the D .O.T. We envision andoning this gravel mining operation when permission is granted to proceed with our cluster development project. In addition, our project will provide a new road that will be accessible by the Lindermen Creek Apartments. Our original proposal, made September 30'1 2003, was for 140 multi family units and 60 single family units, with commercial development of the road frontage. Under the existing zoning of R-15 and Ag., we would be permitted to put 30 homes on the 14' acres zoned R-15 and 120 homes on the acres zoned for agriculture. Each of these homes would be permitted to have an apartment included, bringing the total housing units to 300; this would use the entire 93 acres. Our request for multifamily re-zoning will reduce the overall density. By concentrating the development in a smaller area of the land, we will be able to provide an attractive housing project by leaving the majority of the site agriculture, golf course or simply untouched. After many meetings with town personal, we realized that there was a desire to keep some of the land "open." We have, in deference to those wishes, scaled our project back to an environmentally sound cluster development of only 200 units. Our project, constructed in phases over a period of 1 to 3 years, would include approximately 12 buildings containing 200 units in total and priced at $150,000 to $200,000 per unit. The buildings will be arranged so that each unit will have the luxury • 1 1 1 • ' • • I • • I : • • • • I • I I • I • • ' • • • / I • • • / • • • • 1 1 s iA° • • • • • • • • • • I I • • r ��_ ' it -k� • • I • T a. " 1 pL_ • I • • • • • • • • Sky Gardens fitness center with its exercising equipment and ' our tennis courts, jogging and biking trails also provide the added benefit as being an excellent source of exercise as well . Not only has exercise been proven to be an excellent tool in the l prevention of many illness such as heart disease, but playing tennis, jogging and biking are great ways to reducing stress. fit of en o ' an exercise program right in their added benefit P ad g Our owners will have the enjoying own community. In interviewing the area neighbors, we ascertain that everyone we have spoke with are in favor of our project. We are confident that our proposed ideas will greatly benefit the area by providing luxurious upscale homes for singles, families and for Senior Citizens alike. The benefits we offer are as follows: an appropriate location with access to essential services and an opportunity for community involvement; providing security; responding appropriately to locally identified needs and issues; and providing residents with many of the advantages of home ownership within a community. Our project offers many options and we intend to accomplish our objectives by creating a "community" that introduces attractive housing, boosts the economy, is socially supportive, ecologically mindful, and to provide Ithaca residents with a well balanced and relaxing lifestyle. ,DWWD,MN� I �r MUL P ENCE ONI � I 15 A Al raj TE IS BERM ®(bee � 'I AGRICULTURAL i'1b Remain i Aral 27-1-1 .2 /: BPoDGE-:' (fOG�p16' IN m c.'—SURIGII,-0fWAfI ELLURCAL j_ 1306' �- MECKLENBURG ROAD - C SKY GARDENS SITE PLAN SCHEME 6 OrN -_ — ,00' o loo zoo SITE MAP PLAN ELEVATION FIRE TRUCK TURNING RADIUS ONRIER r �1rlwT: ] r rrt ji �0 ■o I!rovl' ��r � � . L0.■ n r1 •9 11[(91 ■ °I'c n no .■. �FE-." .+ A' - ` ;i' '; �' I _ ■� �! Fomil fill ■0 Ilppl' Y . ` � _ r poi ■s .I■sl, C � " ■ ■ _ ecu] III—� i au9S- ■s a■o; I�° '°-°' ■ ra lJ Uf nnn � �i3Cfllr ■ 117i°ate • ■ , S«; ! I ov � ■ ■o Ll� ,/ E:... i I. � ■w i�� - s d iii y o°o ilk l ti�r? . C LING ■■■• yj% '''� w a Ili•. � I ■ ■0 11■01'ti Y : ' I: ��' I�Illfl f,1�ui o ■ I', 1; I n no m RIM ib ■O I1.00r. , r - I ■■■ ■ ,, � hlr - I■ u u I �1�, ral .rte; ...• 9 - �eu91 ISI ■s pia■vt" �,/' � , I� � u■ U� ���% i 1 E-4 w z x U I � G. 1/ Jv F , 3 C ti v.•Et K _ jj As • , 5 t45�y t ti y 4 �w�fs itY d� I t s�^ E 2=25, , F Tit of PIT, r k • sxbn26..v,ww. _II. 0 r� Ft, a � x ts7�k i F 3 , > i R z 1 �p Y U *► LLI t I i i g cCb 4 jk cm x P � FF _ 5 su. w W •I-i ....... •�~.. LU 1 G ,. ....•-' a 0- CJ U, m f �` 1 L j LL Town Board Meeting February 9 , 2004 ATTACHMENT # 8 Ithaca DRAFT A Ordinance Ordinance of the Town of Ithaca, County of Tompkins and the State of New York, providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake adopted and to become effective April 1 , 2004 . SECTION 1 . "Watercraft" shall mean any vessel , vehicle, or contrivance intended, designed, or utilized for travel over or under water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise . SECTION 2 . Personal watercraft or "PWC" shall mean a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on , or being towed behind the vessel , rather than in the conventional manner of sitting or standing inside the vessel . SECTION 3 . Non-motor powered vessel shall mean a craft powered by a force other than a motor, specifically wind or human muscle power, such as canoe, kayak, paddle boat, crew boat, row boat, sailboat or sailboard . SECTION 4 . "Cayuga Lake" for purposes of this ordinance shall mean the whole of Cayuga Lake to its high water mark, all subsurface lands , and all streams , creeks , rivers , canals , inlets , and other waterways connected thereto , whether navigable or not. SECTION 5 . " Shoreline" shall mean any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts , but not including wharves , docks , and similar structures made , placed or installed by any person or entity. SECTION 6 . "Daytime" shall mean one-half hour after sunrise to one-half hour before sunset and "nighttime" shall mean one-half hour before sunset to one-half Dour after sunrise. SECTION 7 . A vessel regulation zone is established so that no watercraft shall exceed a speed of (a) 5 miles per hour within 100 feet of any shoreline, dock, pier, raft , float, marked swimming area, or anchored, moored, floating or non-motorized vessel , or (b) 10 miles per hour when between 100 feet and 500 feet of any shoreline, dock pier, raft, float, marked swimming area, or anchored or moored vessel , or 45 miles per hour during the daytime and 25 mph during the nighttime when between 500 and 1500 feet. of any shoreline , dock, pier, raft, float, marked swimming area or anchored, moored, floating or non -motorized vessel unless such vessel is being operated near such shore, dock, float, pier, raft, or anchored vessel for the purpose of enabling a person engaged iin water skiing to take off or land . SECTION 8 . Where feasible , PWC shall travel perpendicular to the shore until reaching 1500 feet from shore . SECTION 9 . No person shall operate a PWC at any time before 10 a. m . or after the earlier of 8 : 00 pm or one-half hour before sunset . SECTION 10. No person under the age of 16 years may operate a PWC unless he or she is : (a) accompanied by a parent or guardian or (b) accompanied by an adult over the age of 18 years and ( 1 ) possesses a current and valid boating certificate issued by the State of New York, the United States Coast Guard, or an appropriate Power Squadron or (2) possesses a Captain ' s License or New York State Guide ' s License . SECTION 11 . Non -powered vessels in all cases shall have the right of way ; powered watercraft must yield to non-powered vessels . SECTION 12 . No person shall anchor, moor or recreate from a vessel in front of private property within 200 feet of shore without the consent of the owner or lessee of such property. Such restriction shall not apply to person fishing from vessels provided such fishing does not create a hazard to near- shore recreational activities or emergency use of such waters . SECTION 13 . In no case shall the noise level of any watercraft , or any activities conducted from such watercraft, exceed 65dBA daytime and 55dBA nighttime . SECTION 14 . This Ordinance shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the Town of Ithaca. BY ORDER OF THE TOWN BOARD OF THE TOWN OF ITHACA February 9, 2004 Town Board Meeting ATTACHMENT #9 lu\\\ul 1111\l \ ROAD TOWN OF ITHACA I'\Kh1 S1ti 11\1 TUTELO PARK F llnnnwnn�ParA> f-.•.- OF zjl _ \ri_hFxrch,wd rarMn A TOWN OF ITHACA COMMUNITY PARK `' IN INLET VALLEY Tutelo Park Plan Park Elements • s'Acres !� �,, ' t„wuu,.w��� -`� • 1K Parkme tipates � r "� �.` !� • Bull Fleld I�; gym: • Nature Trail � � ' • Bike Path �. � " ` • Picnic Pa\ilion .. ::.� >;� "" ' " =�;, • Comtim Station ,• < Ball Field • Little League Regulation Size '\ f, • Safety Fence � t �•; Backstop , d Concrete Dugouts .;,;,.x _ • Bleachers �. ,� >_ Picnic Pavilion • 24•x 38' • Timber Construction • Concrete floor I f r • Asphalt Shingle Roof • Eight Picnic Tables ) i I • Cooking Grills t BIKE.PATH CONNECTING TO SAPONI PARIS PROJECT BUDGET r` 5350,000 Capital Project Budget S 175,M)Capital Budget for 2004 / S 175,M)Capital Budget for 2005 Project Phasing Phan 1 2004 • Nil e gr:xlmp(park in_&HiII held( �luupnn • (.rmelh—Grt Purkme mea I>iu��, • (.r—Ib—for Hlke path 11UUn1 • Sne win-for nuntbn.upon llu,m • [—hh,h—,a.non on bull Ink] In,unl • Dark"p ((.(hil) • T—planting �VUro Phax•11-2001 • Hall RcIJ Fentt.Dug it,&Bleachers • lLmPorn Smnnn • V-1". • Pax mg • Axw TrA \;.1"'o February 9 , 2004 Town Board Meeting ATTACHMENT # 10 TOWN OF ITHACA COURT CLARENCE LARKIN, TOWN JUSTICE 215 N. TIOGA STREET ITHACA, NY 14850 January 7 , 2004 RE : YEARLY REPORT TOWN OF ITHACA COURT CLARENCE LARKIN, JUSTICE Activity for my portion of the Town of Ithaca Court for 2003 is as follows : Number of cases closed : 1296 Number of Cases opened : 1335 Arraignments for other Courts 12 Charges Transferred to T . C . County 11 Pending Cases — (Includes Scofflaws) 1533 Judge Wallenbeck ' s Scofflaws 276 FINES AND FEES Criminal, Motor Vehicle $ 69 , 980 . 00 NYS Surcharges 295885 . 00 Civil Charges 900 . 50 Bail Poundage 234 . 00 TOTAL REMITTED TO TOWN OF ITHACA $ 1005765 . 50 Bail Received $ 6 , 013 . 00 Bail Forfeited - 0- ADDITIONAL ACTIVITIES Arrest warrants and Bench warrants issued ; search warrants issued ; orders of protections issued; conditional discharges ; probation inquiries and documentation ; jail terms ; bench trials ; jury trials ; motion hearings ; felony preliminary hearings held ; small claims trials ; summary proceedings and warrants of evictions ; arraignments for other courts ; certificates of dispositions ; Cayuga Heights cases where Judge recused himself; case researching ; processing of scofflaws ; decisions written ; legal research, pre trial hearings . Respectful ; u46 nljtted, Clarence parkin Town Justice February 9 , 2004 Town Board Meeting ATTACHMENT # 11 TOWN of ITHACA TOWN COURT 126 EAST SENECA STREET ITHACA, NEW YORK 14850 February 4, 2004 Annual Report for Raymond Bordoni ' s Town of Ithaca Court for 2002 . Cases : Number of cases closed 1304 Number of cases open 2329 Arraignments for other courts 36 Charges transferred to County Court 4 Total cases 3673 Fines and Fees : Criminal, Motor Vehicle $ 74, 207 . 00 Surcharges 341722 . 00 Civil, Cert . of Dispo . , Small Claims Court 455 . 00 Bail Poundage 97 . 50 Sent to State Comptroller $ 1091481 . 50 Bail Received : $ 417555 . 00 Additional Activities : Probation given, Bench Trials held , Arraignments held; Dismissals granted , Bail Monies returned ; Motion Hearings held ; Weddings conducted; Arrest Warrants issued; Search Warrants issued. ; Orders of Protection issued; Conditional Discharges given; Small Claim Court Trials held; Certificates of Disposition issued ; Restitution monies provided to victims; Commitments for Imprisonment issued; Eviction Proceedings and Hearings held , Former Judge Wallenbeck ' s cases researched, bail monies returned and restitution monies paid to victims . Res ctfully submitted, RA' OND BORDONI Town Justice H:\Annual Reports\AnnualReport20001doc ArTTAHMENT #.12, -.- February 9 , 2004 Town Board Meeting ; ^- _ JAN ' F t ITHACA TOWN COURT ? ` ' ` ` ` - � ,= := '' 215 NORTH TIOGA STREET ITHACA, NY 14850 Raymond Bordoni, Ithaca Town Justice Phone 607 273-0493 Fax 607-275-0728 January 2, 2004 Ithaca Town Hall Human Resource Dept Attn . J . Hall , Administrator 215 N . Tioga Street Ithaca , New York 14850 Dear Judy: Please accept this letter as my notification of retirement as Ithaca Town Court Justice . I will retire March 31 , 2004. Until that time I will faithfully perform my duties and ensure that the transition for my replacement will be done smoothly, carefully and in the best interest of the Town of Ithaca and the New York State Judicial System , Sincerely, Raymond Bordoni ' FEBRUARY 9 , 2004 Town Board Meeting ATTACHMENT # 13 2003 ANNUAL REPORT ITHACA TOWN CLERK Records Management In 2003 the Town of Ithaca received a $ 14 ,430 . 00 records management grant from the New York State Archives . The Town was awarded money to hire a part time records clerk to inventory and purge 134 cubic feet of justice court records . To-date the records clerk has inventoried the records and is preparing the paperwork to request permission from the New York State Office of Court Administration to shred the records eligible for disposal . Another component of the project is to locate some 500 + case files and assist the court clerks in completing outstanding criminal disposition reports . The project will be completed by June 30 , 2004 , On February 2 , 2004 the Town Clerk' s office submitted a 2004/2005 grant application to purchase open shelving and hire a part time records clerk to create an easily accessible system for storing the 4 , 000 + case files that the Town must store on a permanent basis . The court clerks requested open shelving for the case files (the kind you see in doctors ' offices ) so that records can be easily accessed . This will assist them in responding to the 35 to 40 requests for information they receive on a weekly basis . Money was also requested to network the two court clerks' computers . The Clerk's office continues to work on the map / drawing storage project that was funded by a 2002/2003 grant . This project funded the purchase of map storage boxes for storing some 20 , 000 + maps and drawings . All Planning and Engineering maps have been rolled and stored in the boxes and the Clerk's office is currently working on the Building and Zoning drawings . The Clerk's office completed indexing all the records on storage in the archival vault and has entered the information into the Town Clerk' s electronic directory of Town Records . The Clerk' s office has received requests for information on this electronic directory of Town records and would like to explore ways that software can be sold to other municipalities . Contracts The Town Clerks ' Office with the help of Department Heads reviewed all the contracts on file in the archival vault . Expired contracts have been scheduled for disposal after their required retention . Active contracts have been organized and indexed . r Codification of Town Laws and Ordinances In 2002 the Town contracted with General Code Publishers to create a Code (codification of all the Town ' s law and ordinances ) for the Town of Ithaca . Copies of all Town laws and ordinances were compiled by the Clerk's office and given to General Code . In 2003 , a draft Code was received and proofed by the Clerk' s office and then reviewed by John Barney . The comments and corrections have been returned to General Code along with the newly passed Zoning Ordinance . We requested a second draft and are awaiting a quote for the cost of completing the project . If all goes according to plan , the code should be complete and ready for adoption in early April . License Sales and Permits The Town Board approved an increase in the cost of marriage license fees from $20 . 00 to $ 35 . 00 . The Town Clerk is working with the Codes and Ordinance Committee to revise the Town 's fee schedule and looks forward to completing that project in the first half of 2004 . Elections The 2003 election went smoothly with no problems reported regarding machines or polling places . In 2003 the Town replaced the Reis Tennis Center with Ellis Hollow Apartments as the polling place for districts 4 , 11 , and 12 . Arrangements for the March 2nd Democratic Primary have been made and the voting machines are scheduled for delivery during the last week of February . Polling places have been alerted to the possibility of a September 7th primary and space has been reserved for the November 2nd election . The Town Clerk and Tompkins County Board of Election Commissioner Elizabeth Cree are discussing ways to educate area high school students in the election process . Staff Deputy Clerk Carrie Coates-Whitmore reached the five-year milestone as of May 41 2003 . Deputy Clerk Lori Love moved from part time to full time in July 2003 . The Clerk's office assumed the duties of retiring Mary Bryant and is now providing clerical support to the Engineering Department . All is going well and it has not placed a noticeable increase in duties on the clerks . The Town Clerks ' office is working with two interns from Ithaca High School . They are working with support staff on various clerical projects , delivering mail , and assisting with filing . a PRIORITIES FOR 2004 1 . 2004 Election 2 . Completion of Codification Project 1 ) Review final draft and submit to the Board for adoption 3 . Complete map storage project and continue work on Justice Court Records Project . 4 . Make fixes to the Town Clerks ' Electronic Directory of records and explore the possibility of sharing with other municipalities . 5 . Review Records Management Policy and work with Network Specialist to update and include electronic records . 6 . Compile all Town Policies and Procedures . 7 . Investigate the possibility of a town -wide dog enumeration 01 /06/2004 10 . 14 : 22 TOWN OF ITHACA TOWN CLERK ' S 2003 ANNUAL REPORT tCEIPTS 122 MISC . COPIES 219 . 25 23 ZONING ORDINANCE 204 .00 7 SUBDIVISION REGULATIONS 21 .00 2 NOISE ORDINANCE 2 .00 1 SIGN ORDINANCE 3 .00 151 TAX SEARCH 1 ,095 .00 1 RETURNED CHECK - CLERK 5 . 00 1 POSTAGE 4 .75 4 COMPREHENSIVE PLAN 48 .00 8 ZONING MAP 26 .00 9 USE OF PARKS & BLDG 555 .00 2 ZONING ORDINANCE DRAFT 30.00 6 DRAFT ZO PACKAGE 90.00 1 PARK OPEN SPACE FULL RPT 4 .50 3 PARK OPEN SPACE EXEC SUM 21 .20 31 MARRIAGE TRANSCRIPT 430.00 3 DRAFT ZONING MAP (EACH ) 6 . 00 130 MARRIAGE LICENSES 31090.00 1 HWY WORK FOR RESIDENTS 200 . 00 1 SPCA CONTRACT 30 .00 10 SPCA IMPOUND FEES 460 .00 1 VOTING MACHINE FEE 250. 00 2 GAMES OF CHANCE LICENSES 50.00 2 BINGO LICENSES 975 . 00 30 BINGO PROCEEDS 93 .77 1027 DOG LICENSES 99190. 50 173 BUILDING PERMIT 28 .485 . 00 27 BUILDING PERMIT EXTENSIN 685 . 00 12 FOUNDATION PERMITS 27362 . 50 12 CERTIFICATE OF OCCUPANCY 11000.00 30 TEMP. CERT. OF OCCUPANCY 8 , 760.00 37 OPERATING PERMITS 51725 . 00 41 FIRE SAFETY INSPECTIONS 1 . 375 . 00 6 SIGN PERMITS 477 .70 26 ZBA AREA & USE VARIANCES 21160.00 12 ZBA SPECIAL APPROVALS 17180. 00 3 SUBDV . REV . INITIAL APL . 366.00 12 SUBDV . REV . FINAL PLAT 880 .00 2 SBDV . REV . PLAN REAFFIRM 150 .00 3 SITE PLAN INIT. APL. FEE 725 .00 8 SITE PLAN FINAL PLAN 800 .00 4 ASS . MTG . FEE P . H . PROCE 200 . 00 TOTAL RECEIPTS : $717935 . 17 DISBURSEMENTS r PAID TO SUPERVISOR FOR GENERAL FUND 13 ,018 . 01 PAID TO SUPERVISOR FOR PART TOWN FUND 547831 . 20 PAID TO COUNTY TREASURER FOR DOG LICENSES 1 ,430. 21 PAID TO AG & MARKETS FOR DOG LICENSES 207 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 11833 . 75 PAID TO STATE COMPTROLLER FOR GAMES OF CHANCE LICENSES 30.00 PAID TO STATE COMPTROLLER FOR BINGO LICENSES 585 .00 TOTAL DISBURSEMENTS : $719935, 17 1l TEE-ANN HUNTER , TOWN CLERK JANUARY 6, 2004 1 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JON KANTER, DIRECTOR OF PLANNING RE : SUMMARY OF 2003 ACCOMPLISHMENTS & 2004 PRIORITIES AND PRESENTATION OF 2003 ANNUAL REPORT DATE : FEBRUARY 2 , 2004 I am pleased to present the attached Annual Report for 2003 on behalf of the Town of Ithaca Planning Department. For easier reference, I have compiled the following summary highlighting. Planning Department accomplishments during 2003 and possible priorities for 2004 and beyond. 1 ) Codes & Ordinances Committee : Completed Zoning Revisions and Generic Environmental Impact Statement. Revised Zoning Ordinance and Map were adopted by Town Board on December 8, 2003 . Priorities for 2004 : (a) possible follow-up Zoning subjects (e.g. , possible additional amendments regarding agricultural zoning based on discussions with NYS Ag & Markets, possible low density transition zone) ; (b) other code revisions/enactment (e.g. , local law establishing fees, environmental review law, stream buffer ordinance, revision of noise ordinance, open burning law, revision of subdivision regulations, etc.) ; (c) Staff to prepare summary report regarding resources of the Coy Glen Conservation zone area to document need and boundaries of the zone . Conservation Board to complete recommendations regarding a possible Conservation zone for the Indian Creek/Lake Slopes UNA area. Town Board consider adopting these new Conservation zones . 2) Transportation Initiatives : Through Town of Ithaca Transportation Committee and ITCTC, (a) NESTS Transit Study was completed; (b) made progress on organizing town-wide Transportation Plan; (c) prepared traffic accident, volume, and speed database and maps; (d) worked with County Sheriff' s Dept. on speed patrolling and enforcement on selected roads; (e) conducted transportation survey of Town residents . Priorities for 2004 : Through Town of Ithaca Transportation Committee, initiate elements of town-wide Transportation Plan. Hold neighborhood meetings as supplement to survey to obtain public input regarding transportation issues. Continue development of transportation database, including traffic volumes. 3 ) Agricultural Land Preservation Program: Successfully negotiated purchase of first agricultural conservation easement on the 40 acre Ferguson property. The closing was held on January 31 , 2003 . Priorities for 2004 : Meet with Agricultural Land Preservation Committee to evaluate program. Pursue other agricultural easement negotiations, and grant or donation opportunities : Continue to fund program through capital budget. 4) Capital Project Planning and Budgeting : Capital Projects & Fiscal Planning Committee prepared a five-year capital program, including a capital budget recommendation to Town Board for 2004 . Priorities for 2004 : Continue developing a multi-year capital program and focus on recommendations for 2005 , 2006 capital budgets . 5) Stormwater Management Program : Prepared and submitted Stormwater Pollution Prevention Program and Notice of Intent to NYS Dept. of Environmental Conservation under requirements of new Phase 2 regulations . Began participation in inter-municipal stormwater management coordination group . Priorities for 2004 : Begin implementation of stormwater management program, including public education and awareness, drafting of stormwater management ordinance, etc . 6) Lake Source Cooling.— Monitoring : Coordinated with consultants (Benchmark Environmental) to participate in Lake Source Cooling monitoring process, including attendance at Data Sharing Group meetings . Benchmark prepared an independent analysis report of LSC data. Priorities for 2004 :. Continue working with Benchmark to monitor Lake Source Cooling data collection and analysis process . 7) William and Hannah Pew Trail : Final designs were approved by NYS Dept. of Transportation. Conveyance agreements are being negotiated with land owners . Priorities for 2004 : Complete necessary land/easement conveyances (Baldwins, Colles, Ewings, Ngates) . Trail construction to begin in 2004 and be completed in 2005 . 8) Intermunicipal Sewer Draft Environmental Impact Statement (DEIS) : Participated with other municipal representatives in completing Draft and Final EIS focusing on the growth inducing impact analysis in the DEIS , and Town Board adopted Findings Statement. Att . 2 TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT FOR 2003 DEVELOPMENT REVIEW A major portion of Planning Department time was spent in support of the activities of the Planning Board in the review of subdivisions, site plans, special approvals, recommendations to the Town Board, and other planning activities . A " Summary of Town of Ithaca Planning Board Actions - 2003 " is attached to this report . The Planning Board approved a total of 55 actions during 2003 , including a total of 14 subdivision approvals , 16 site plan approvals, 11 sketch plan reviews, 5 site plan modifications, 5 recommendations to the Town Board or Zoning Board of Appeals, 2 modifications of a previous condition, 1 miscellaneous Planning Board action, and 1 withdrawal . Pending development anticipated as a result of the final approvals granted by the Planning Board in 2003 include 14 potential new residential building lots, construction of a new Town of Ithaca water tank and water pump station located in the Inlet Valley and. West Hill areas (Coy Glen Road and Bostwick Road), development of Cornell University ' s Precinct 8 Athletic Fields on Game Farm Road, renovations and additions to the Country Club of Ithaca, and expansion of the Ithaca Beer Company on Elmira Road. Planning staff spent a considerable amount of time reviewing sketch plans for large residential developments and future commercial developments. These potential new developments, pending approvals in 2004 , include a 50-lot subdivision located in the Northeast area of the Town on Briarwood Lane and a 34-lot subdivision in the South Hill area on Schickel Road , (both projects propose market rate or upscale single-family homes) . Another large project, located on West Hill on Trumansburg Road, includes multi- family, multi-income apartments concentrated in 16 buildings with additional 15 parcels for future market rate single-family home development. Staff also reviewed a sketch plan for a mixed-use development on Danby Road, near East King Road, that will include 5 parcels for market rate single family homes, 20 market rate apartment units in four buildings, and additional retail development on the site, and preliminary approvals were granted for the residential portions of the development. Finally, staff reviewed a sketch plan for a proposed 258-seat restaurant, 25 room inn, and re-developed marina/boathouse on East Shore Drive . Many of these sketch plans came before the Planning Board for follow-up/revised sketch plan reviews in 2003 . Significant Planning staff time was also spent on the following development review activities : Plan Compliance and Inspections : The Planning, Engineering, Zoning and Highway Departments continued to work together to coordinate development inspections and compliance issues. PEZ meetings were held regularly to coordinate development review follow-ups . Zoning Board SEAR Reviews : The Planning Department staff prepared 35 SEQR (State Environmental Quality Review Act) reviews for the Zoning Board of Appeals in 2003 , including l Environmental Assessment Forms and staff recommendations on environmental impact for the Zoning Board of Appeals on area and use variances and special approvals . Planning staff attended ZBA meetings to provide technical assistance to the ZBA . Town Board SEQR Reviews : Staff prepared 7 SEQR reviews in 2003 for local laws and other Town Board actions (not including the Generic EIS for the Zoning Revisions described below) . PARK, RECREATION AND OPEN SPACE PLAN IMPLEMENTATION Agricultural Land Preservation (PDR) Program : On January 31 , 2003 , the Town closed on its first agricultural conservation easement on a 40-acre parcel at the intersection of Mecklenburg and . Sheffield Roads . The easement limits the use and development potential, protecting it as an agricultural resource . The parcel owned by Lisa and Gary Ferguson, contains approximately 30 acres of active farmland and 10 acres of mixed woods and shrub growth. The Fergusons plan to use the property for a diversified organic farm with flowers , vegetables, fruits, and livestock. The Agricultural Land Preservation Committee met in June to review the process of acquiring the Ferguson easement and to discuss a potential easement acquisition on a property on Mecklenburg Road. The Town has not received any new applications for the PDR program. The Town Board authorized additional funds to be placed in the Parks and Open Space Reserve Account, which had a balance of $209, 297 as of 12/31 /03 . The adopted 2004 Budget includes an additional $60, 000 to be added to the Open Space Reserve, CONSERVATION BOARD The Planning Department provided regular staff support to the Conservation Board during 2003 . Staff coordinated and regularly attended Board meetings, organized field trips, and provided support to several Conservation Board (CB) committees , such as the Environmental Review Committee and the Stream Protection Ordinance Committee . Notable activities in 2003 included: Membership : Longtime CB member Richard B . Fischer resigned from the Board. New member Larry Sallinger and new associate, Helen Lang, were welcomed on the Board in 2003 . Jon Meigs was appointed to the City ' s Natural Areas Commission to fill the seat vacated by Richard Fischer. Barney Unsworth was appointed to the Tompkins County Environmental Management Council for a 2-year term. Both Jon and Barney regularly report to the CB on the activities of the organizations they represent. The Conservation Board currently has full membership with nine voting members , and two associates . Richard B . Fischer Annual Award : The Conservation Board, with the endorsement from the Town Board, established an annual award to recognize individuals or groups whose activities have been especially effective in conserving and enhancing the Town ' s natural environment. The award is named in honor of longtime CB member Richard Fischer, a naturalist, writer, and 2 professor emeritus of Environmental Education, whose activism and enthusiasm for the natural world inspired many students . This fall the Board created a website (www . town. ithaca. ny. us/fischer.htm), issued press releases and sent out letters of interest to inform the public of this award and to encourage submittal of nominations . The CB hopes to present its first award in March 2004 . Stream Protection Ordinance : A committee of Board members continued working on development of a stream protection ordinance in 2003 . The Committee resolved an earlier issue involving how to define three categories of creek sizes , so that specific buffer widths could be applied to small , medium, and large size creeks . The committee briefly considered developing written definitions for these categories based on stream widths and depths, but this was found to be too complex and there was no precedent found for doing this . After some research, the committee began evaluating a method involving GIS that would calculate the drainage area of every creek reach in the town. This method has since been adopted by the committee and has resulted in the creation of a preliminary map that color codes three categories , each based on a range of drainage areas that were chosen by the committee. For instance, creeks classified as "small" have a drainage area of up to 200 acres , and have a corresponding required buffer width of 35 feet. The committee is now finalizing language in the ordinance with. the intention of obtaining feedback from the entire Conservation Board in early 2004 . The plan would then be to forward it on to the Codes and Ordinance Committee after the Board has approved it, hopefully by late winter or early spring. Viewshed Committee : The Viewshed Committee was revitalized in 2003 . Members discussed direction for the committee and performed research on what other communities were doing to protect scenic views . Members spent time taking photos of views they felt were important, then the committee worked on organizing and prioritizing them for further assessment and cataloguing. The committee hopes to develop a document that provides guidance in protection of important scenic views . Conservation Board Brochure : The Board finalized an informational brochure that provides a general description of the . Conservation Board, its purpose , history , meeting times and location, current members, and a listing and narrative of the projects that the Board is involved with. The brochure is available for distribution. Wetlands : The Conservation Board began exploring the possibility of developing a wetlands ordinance . This was largely in response to concern over the 2001 Supreme Court decision that suggested that the Army Corps of Engineers does not have regulatory authority over isolated wetlands . Isolated wetlands are those that are not part of a tributary system to interstate or navigable waters . The Town likely has wetlands that would be considered "isolated", especially those on South Hill , and most notably those associated with the South Hill Swamp . Without . federal protection, and because these wetlands are smaller than the NYSDEC regulated size ( 12 . 4 acres) , it appears they may currently have no regulatory protection at all . The Board will 3 continue to investigate this issue, with the possibility of drafting and proposing a wetland ordinance in the coming year. Environmental Review Committee : The Environmental Review Committee (ERC) continued to provide useful comments to the Planning Board on various development proposals in 2003 . Major projects that ERC members conducted site visits for and composed comments on included : Westview Subdivision (96B/Schickel Road) , Briarwood 14-Lot Subdivision (Sapsucker Woods Rd/Briarwood Dr. area) , the Ithacare Pavilion project, Holly. Creek 8-Lot Subdivision & Development (96B/King Rd) , Weidmaier 5 -Lot Subdivision (Burns/Slaterville Rds) ; Remington Inn/Restaurant/Marina (East Shore Dr.), and the Overlook at West Hill (Trumansburg Rd.) . CODES AND ORDINANCES COMMITTEE The Planning Department provided staff assistance to the Codes and Ordinances Committee in 2003 . The major focus of the Committee was on completion of the Zoning Revisions as described below . Zoning Ordinance Revisions : Thanks to the focused. and persistent efforts of the Committee, Planning Department staff, and Attorney for the Town, the work on the comprehensive revisions to the Zoning Ordinance and Map were completed in 2003 , and the new Ordinance and Map were adopted on December 8 , 2003 (effective April 1 , 2004) . Planning staff spent the better part of 2003 preparing the Draft Generic Environmental Impact Statement (GEIS) for the Zoning Revisions, which was accepted by the Town Board on September 8 , 2003 . A public hearing was held on the Draft GEIS on October 2 , 2003 . Staff then prepared the Final GEIS (accepted on November 6, 2003 ) , which includes responses to public comments on the Draft GEIS . The Planning Board held two public hearings (April I " and November 18th, 2003 ) in conjunction with their recommendation to the Town Board regarding the Zoning Revisions . The Town Board held a final public hearing on December 8 , 2003 , after which the revised Zoning Ordinance . and Map were unanimously adopted. [Thanks to Sue Ritter, Mike Smith, Chris Balestra, and Sandy Polce for their extraordinary efforts in assisting in the preparation of the GEIS . ] Related efforts included updates in the Town Newsletter, announcements, updates and zoning documents placed on the Town ' s website to keep the public informed of progress (thanks to Lisa Carrier-Titti , Network/Records Specialist, for expertise in placing and formatting these items on the website) , and meetings with various groups and individuals regarding the proposed zoning changes . In particular, representatives of the Committee met with a representative of the New York State Department of Agriculture and Markets to discuss the State ' s concerns regarding some of the proposed zoning revisions that might affect agricultural operations within County Agricultural Districts . Based on this discussion, several revisions were incorporated into the Zoning draft that was adopted by the Town Board . Follow-up discussions with the State have been scheduled for February 2004 . 4 Other Local Law Revisions : The Committee began preliminary work on revising the local laws establishing fees and the Town ' s Environmental Review law. Efforts on these will continue into 2004 . TRANSPORTATION COMMITTEE The Planning Department provided regular staff support to the Transportation Committee during 2003 . Staff attended committee meetings and provided assistance in data collection and mapping, and in the preparation of written materials . This past year was another busy and productive year for the Transportation Committee . The committee undertook several important initiatives and continued to make progress towards developing a transportation plan. The Committee initiated a traffic enforcement program with the Sheriff' s Department in 2003 . The purpose of the program was to provide enhanced police enforcement for several targeted town roads in an effort to curb excess speeding and aggressive driving. Roads that were targeted included Pine Tree Rd. , Snyder Hill Rd. , Ellis Hollow Rd. , Coddington Rd. , E. King Rd. , Hanshaw Rd. , and Forest Home Drive . In conjunction with the enforcement program, the committee coordinated the collection of traffic speed count data on a number of these roads to determine the extent of speeding and to examine the effectiveness of the enforcement program. The Town and Sheriff' s Department are interested in continuing this program in 2004, and the Town Board has approved and budgeted money for its continuation. In recognition of the need to increase opportunities for non-auto related transportation modes, the Committee drafted a Sidewalk Policy. This policy was adopted by the Town Board in September. The policy provides criteria for sidewalk construction in newly developing areas and in existing developed areas, providing guidance and consistency on where and when to require sidewalk construction. The policy should provide especially useful to the Planning Board in their reviews of development proposals . The Committee developed a resident ' s transportation survey that was distributed in the Town ' s fall newsletter. The survey was aimed at obtaining feedback on various transportation issues in the Town, with three main categories that included, Household/Personal Data, Transportation Use Patterns , and Satisfaction with Transportation Services . Approximately 600 surveys have been returned and are being processed by the Planning Department. Several meetings included discussions regarding the scope of the transportation plan and how plan elements should be accomplished . Some elements can be done by the Planning Department, some with the assistance of staff of the ITCTC , and perhaps some by a transportation consultant ($20 ,000 is included in the 2004 Budget for this purpose) . OTHER PLANNING DEPARTMENT PROJECTS AND ACTIVITIES East Ithaca Recreation Wa_(William and Hannah Pew Bikeway On December 30, 2002 the Town received Final Design Approval and permission to proceed with the Right of Way 5 Acquisition phase of the project from the State Department of Transportation. The required appraisals and the appraisal reviews were completed and forwarded to the State DOT . The appropriate Purchase Offer or the Statement of Donations have been signed by three out the four involved landowners . Changes by the landowners to the boundaries of the land being donated for the trail and neighboring parkland have delayed acquiring the properties and the start of construction. It is anticipated that the properties will be acquired in spring 2004 with construction starting this summer. Capital Projects and Fiscal Planning Committee : The Committee met regularly during 2003 . The Committee prepared a five-year capital program, including a capital budget recommendation to the Town Board for the 2004 Budget. The capital improvement program includes recommended projects in categories of parks , trails and open space ; transportation and highway; water; and sewer. Ithaca Tompkins County Transportation Council (ITCTQ: Planning . staff attended regular meetings of the ITCTC Planning Committee and joint meetings of the Planning and Policy Committees . Regional transportation projects initiated or completed in 2003 included acceptance of the NESTS Transit Study final report, approval of minor adjustments in the Urban Area boundary (based on . 2000 Census data), review and recommendations regarding several TIP (Transportation Improvement Program) amendments, completion of the 2003 -06 TIP update process, and initiation of the Long Range Plan Update process (including participation in the Long Range Plan Committee) . Jonathan Kanter served as Chair of the ITCTC Planning Committee in 2003 , and was re-elected as Chair for 2004 . Supervisor Valentino was elected as Vice-Chair of the Policy Committee for 2004 . Inter-municipal Sewer Group : Planning staff participated with other municipal representatives to oversee the completion of the Draft and Final Environmental Impact Statement (EIS) for the Ithaca Area Municipal Collection System Improvement project. Stearns & Wheler, as the group ' s primary consultant, sub-contracted with. Chazen Engineering & Land Surveying to prepare the DEIS , which includes, among other items, an analysis of traffic, agricultural and other growth inducing impacts of the extension of sewers and potential service areas into the Towns of Lansing and Dryden. The NYS Dept. of Environmental Conservation (DEC) accepted the EIS as complete on June 20 , 2003 , and a public hearing on the EIS was held on July 31 , 2003 . The Planning Department assisted with the preparation of the Final EIS and Statement of Findings. The Final EIS was accepted by DEC on November 13 , 2003 . DEC adopted their Findings Statement in December 2003 , and the Town Board adopted its Findings Statement on December 31 , 2003 in conjunction of the signing of the Intermunicipal Wastewater Agreement. Stormwater Management Program : The Planning Department, in cooperation with the Engineering and Highway Departments, completed and submitted to NYS Department of Environmental Conservation, in March 2003 , a Stormwater Pollution Prevention Program (SPPP) along with a Notice of Intent for a Stormwater Pollution Discharge Elimination System (SPDES) general permit. The Pollution Prevention Program, as required by the state, outlines specific actions .that the Town must progressively implement over the next 5 -years to minimize the amount of pollution entering our streams , reservoirs , and lakes through stormwater runoff. 6 These new requirements were handed down from the U. S . Environmental Protection Agency (EPA) as the second phase of their National Pollutant Discharge Elimination System (NPDES) Stormwater Program . Theses latest rules require operators of small "municipal separate storm sewer systems" (MS4s) in urbanized areas , and operators of small construction sites, throughout the State to implement programs and practices to control polluted runoff. The Town, as well as several other municipalities in Tompkins County, has been designated as "regulated" MS4s based on their population and residential densities . To comply with the new requirements the Town was required to develop a stormwater plan that contained the following six main elements : • Develop an educational program to encourage public awareness of stormwater issues . • Increase public participation and involvement in decisions involving stormwater. • Institute a detection system to determine the cause of, and to remedy, illicit connections to storm sewer systems . • Review development plans to insure the adequacy of construction site runoff and erosion controls . • Develop and implement a program to address the quantity and quality of post-construction stormwater runoff from new and re-developed areas. • Adopt and institute a stormwater management pollution prevention program at municipality operated facilities . The Town is currently implementing some elements of this stormwater management plan. For instance, the Town currently requires developers to control and treat stormwater runoff from new developments, as well as provide erosion control measures during construction. But over the next few years the Town will need to devote significant time and resources to such things as : educating residents and training Town staff in various aspects of stormwater runoff pollution, adopt a stormwater management ordinance and an ordinance to prohibit illicit discharges , prepare an illicit discharge detection plan which will include regular inspections of drainage systems and outfalls, develop training materials in pollution prevention and good housekeeping techniques for Public Works Facility employees, and a number of other activities . Each June, the Town will be required to submit an annual report to NYS DEC informing the agency on Town ' s progress in implementing the SPPP . This report needs to be publicized and be made available to the public . TCAD Economic Development Strategy Coordinating Committee : The Director of Planning and Town Supervisor attended quarterly meetings of the Tompkins County Area Development (TCAD) Economic Development Strategy Committee . Discussions included updates on the state of the economy in Tompkins County, how to update the Economic Development Strategy, status of various projects in the City (e . g. , Cayuga Green) . 7 Lake Source Cooling_Monitoring/Data Sharing Group : The Deputy Supervisor, Planning staff and representatives from Benchmark Environmental attended meetings of the Lake Source Cooling Data Sharing Group to discuss Cornell University ' s monitoring program on the Lake Source Cooling project, the 2002 Annual Report, and interim data collected subsequent to the 2002 Annual Report. Benchmark prepared a report ("Review of Cayuga Lake Water Quality Monitoring Related to the LSC Faciltiy : 2000, 2001 & 2002 Partial," March 2003 ) evaluating the Lake Source Cooling data and analyses available in 2000, 2001 , and interim data for 2002 , and presented this report at the April 7 , 2003 Town Board meeting . The report was provided to NYS Dept. of Environmental Conservation (DEC) . Benchmark continues to provide assistance to the Town based on an agreement with Cornell that dates back to the original approvals of the LSC project in 1998 , in which Cornell deposits funds into an escrow account held by the Town, and the Town charges back costs of Benchmark ' s independent review and analysis of the LSC project. The agreement provides that Cornell will pay up to $ 50, 000 over a five-year period, which began in 2001 (there is a remaining balance of about $9 , 100 for the final two years to end in 2005) . Conferences : Planning staff and members of various boards attended the following conferences and training sessions during 2003 . Highlights of some of the conferences are described in the Planning Director' s monthly reports, and conference materials are available in the Planning Department: New York Planning Federation Conference, Lake Placid, NY, Sept. 21 — 24, 2003 : Walkable Communities Workshop, Ithaca N . Y . , May 12 , 2003 Municipal Officials Association Planning Coalition : This newly formed group , established by the Tompkins County Municipal Officials Association (MOA) , met monthly during 2003 . Mary Russell was elected as Chair, and Joel Gagnon was elected as Vice Chair. The MOA established the coalition to provide a forum for discussion and resolution of inter-municipal planning issues and cooperative planning efforts among the municipalities, as well as to provide advisory opinions and input to the County during the preparation of the Comprehensive Plan. Each municipality in Tompkins County was invited to appoint two representatives to the Planning Coalition. The Coalition also invited two members from the City of Ithaca as well, in order to have representation from all of the municipalities during the County Plan preparation process. The Planning Coalition . held several meetings focusing on elements of the County Comprehensive Plan. Other discussions included topics such as municipal approaches to open space planning and preservation, transportation issues , stormwater management coordination efforts, a recommendation by the County Planning Department to reduce the number of actions that have to be referred under General Municipal Law to the County for advisory review and comment, presentations of several draft municipal comprehensive plans (Danby and Dryden), and the Town of Ithaca EIS on the proposed Zoning Revisions . Officers elected for 2004 include Joel Gagnon, Chair, Fred Wilcox , Vice-Chair, and Jonathan Kanter, Recording Secretary. 2004 Budget : The Planning Department ' s proposed 2004 Budget was completed and submitted to the Supervisor, and incorporated into the adopted 2004 Budget. 8 Newsletters : The Planning Department coordinated the preparation and distribution of two newsletters (Spring and Fall) in 2003 . Thanks to Chris Balestra for coordinating the preparation of the Newsletter. Of particular interest is the transportation survey that was distributed to Town residents in the fall issue (see description of Transportation Committee items) . Personnel : Nicole Tedesco worked as a summer and fall Intern, and primarily was involved in Transportation Committee work items . Respectfully submitted, Jonathan Kanter, A . I . C . P . , Director of Planning Susan Ritter, Assistant Director of Planning Michael Smith, Environmental Planner Christine Balestra, Planner February 2 , 2004 . 9 SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS — 2003 Preliminary Subdivision Approvals Granted 1 Final Subdivision Approvals Granted 13 (includes actions where prelim. & final approval were simultaneous) Sketch Plan Reviews (Including Revised Sketch Plans) 11 Preliminary Site Plan Approvals Granted * 3 Final Site Plan Approvals Granted * 13 (includes actions where prelim. & final approval were simultaneous) Site Plan Modifications 5 Recommendations (to Town Board, ZBA, etc .) 5 Modification of Conditions 2 Miscellaneous Planning Board Actions 1 Withdrawn 1 TOTAL ACTIONS 55 * [Note : The above Site Plan Approvals also included 5 recommendations to the ZBA regarding Special Approval . These special approval actions were not added into the total of 55 actions shown above . ] 10 PRELIMINARY SUBDIVISION APPROVALS Holly Creek Subdivision, Rezoning and Related Site Development. West King Road and Danby Road : The Planning Board granted Preliminary Subdivision Approval and Preliminary Site Plan Approval , and issued an affirmative recommendation to the Town Board regarding the Zoning Change for the proposed 8 -lot subdivision and associated development located at the intersection of West King Road and Danby Road, Town of Ithaca Tax Parcel No. ' s 37- 1 - 17 . 1 and 37- 1 - 18 , Multiple Residence and Business Districts "C" and "D". The proposal is to subdivide the 15 +/- acre parcel into 5 lots for single-family residences (to be zoned R-30 Residence), two lots totaling 4 . 63 +/- acres for 20 apartment units in four buildings (to be zoned Multiple Residence) , and reserve the remaining 5 . 01 +/- acre lot along Danby Road for future commercial development (to be zoned Business "C" in its entirety) . PRELIMINARY AND FINAL SUBDIVISION APPROVALS Alessi 2-Lot Subdivision, Schickel Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at the intersection of Schickel Road and N . Y. S . Route 96B (Danby Road) , Town of Ithaca Tax Parcel No. 36-2-3 . 2, Residence District R-30 . The proposal is to subdivide the vacant 34 . 7 +/- acre parcel into two parcels of 17 . 2 +/- acres and 17 . 5 +/- acres . Cornell University Two-Lot Subdivision , East Shore Drive : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located on the site of the Lake Source Cooling Plant at 983 East Shore Drive, Town of Ithaca Tax Parcel No. 19- 1 -5 .2 , Multiple Residence, Special Land Use District No . 11 (SLUD), and Business "E" District. The proposal includes subdividing 7 . 151 +/- acres, which is zoned Multiple Residence, from the 13 .43 +/- acre parcel . The remaining 6 . 279 +/- acre parcel , which contains the Lake Source Cooling Plant on 3 . 12 +/- acres, zoned SLUD, and an additional 3 . 159 +/- acres zoned Business "E" District, will be retained by Cornell University, while the 7 . 151 +/- acre parcel is proposed to be sold. Drake 2-Lot Subdivision , Mecklenburg Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located on Mecklenburg Road to the west of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No . 27 - 1 - 15 . 2 , Agricultural District . The proposal is to subdivide off a 4 . 04 +/- acre parcel from the 95 . 84 +/- acre parcel for a new residential lot. Flatt Two-Lot Subdivision, 1020 Hanshaw Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 1020 Hanshaw Road, Town of Ithaca Tax Parcel No . 71 - 1 -66 . 2 , Residence District R- 15 . The proposal involves subdivision approval to match the existing lines for the 1 . 7 +/- acre parcel (labeled "C") which was subdivided without the Town of Ithaca approvals . Goodhew 3-Lot Subdivision, 668 and 674 Coddington Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed three-lot subdivision located at 668 11 and 674 Coddington Road, Town of Ithaca Tax Parcel No . ' s 49- 1 - 16 and 49- 1 - 17 .2 , Residence District R-30 . The proposal is to subdivide the 12 . 2 +/- acre parcel (Tax Parcel No . 49- 1 - 17 . 2) into three parcels including a 4. 2 +/- acre parcel which involves various boundary disputes and corrections, a 2 . 0 +/- acre parcel which contains an existing house, garage, and carport, and a 6 . 0 +/- acre parcel which contains an existing barn and shed. The . proposal also includes three subdivisions and consolidations between the two tax parcels to correct problems with the property line . Leonardo Two-Lot Subdivision, Sesame Street : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located off Sesame Street, Town of Ithaca Tax Parcel No . ' s 37- 1 -20 . 5 , 37- 1 - 20 . 6, and 37- 1 -20 . 7 , Residence District R- 15 . The proposal includes subdividing Tax Parcel No . 37- 1 -20 . 6 in half and consolidating the two pieces with the adjacent parcels, creating two larger parcels . Mecenas Two-Lot Subdivision, Elm Street Extension % The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located off of Elm Street Extension, Town of Ithaca Tax Parcel No . 29-6- 13 . 1 , Residence District R- 15 . The proposal is to subdivide the 2 . 396 +/- acre parcel into two lots of 1 .26 +/- acres (Parcel 1 ) and 1 . 13 +/- acres (Parcel 2) . Palmer 2-Lot Subdivision, 211 Hayts Road : The Planning Board granted Preliminary and Final. Subdivision Approval for the proposed two-lot subdivision located at 211 Hayts Road , Town of Ithaca Tax Parcel No . 24-5 -7, Agricultural and Residence R- 15 Districts. The proposal is to subdivide off a 1 . 95 +/- acre parcel , which contains an existing house and shed, from the 257 +/- acre parcel . R. Drake Two-Lot Subdivision, Max ' s Drive : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at the end of Max' s Drive , Town of Ithaca Tax Parcel No. ' s 28- 1 -3 . 62 and 28 - 1 - 3 . 72 , Agricultural District. The proposal includes subdividing an 8 , 800 +/- square foot strip at the end of Max ' s Drive from Tax Parcel No. 28- 1 -3 . 72 , to be consolidated with Tax Parcel No . 28 - 1 -3 . 62 to provide access to . this property. The project also involves a modification of the northern boundary line of Tax Parcel No . 28- 1 -3 . 62 . Sgrecci/McOmber Two-Lot Subdivision , 1128 Trumansburg Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located southeast of 1128 Trumansburg Road, Town of Ithaca Tax Parcel No . 27- 1 - 11 . 1 , Residence District R- 15 . The proposal includes subdividing 7, 832 +/- square feet from Tax parcel No. 27- 1 - 11 . 1 , to be consolidated with Tax Parcel No . 27- l - 12 . Town of Ithaca Pump Station Two-Lot Subdivision, Coy Glen Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located on Coy Glen Road approximately 600 feet north of Glenside Road, Town of Ithaca Tax Parcel No. 30- 1 - 1 , Residence District R- 15 . The proposal is to subdivide off a 0 . 9 +/- acre parcel from the 44 +/- acre parcel to be used by the Town of Ithaca for a new water pump station . 12 Town Water Tank 2-Lot Subdivision, Bostwick Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located on Bostwick Road approximately 1 ,000 feet west of Seven Mile Drive, Town of Ithaca Tax Parcel No . 31 - 5 - 1 . 2 , Residence District R-30 . The proposal is to subdivide off a 1 .0 +/- acre parcel from the 13 . 49 +/- acre parcel to be used by the Town of Ithaca for a new water tank. Walsh 4-Lot Subdivision, Elm Street Extension : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed four-lot subdivision located on Elm Street Extension, Town of Ithaca Tax Parcel No . ' s 28 - 1 -28 . 51 and 28- 1 -28 . 52 , Residence District R- 30 . The proposal includes consolidating the two existing parcels into one parcel , and then subdividing the entire 12 +/- acres into four new residential lots with one shared driveway. SKETCH PLAN REVIEWS Sketch Plan & Revised Sketch Plan for Auble Subdivision and Site Development Holly Creek), West King Road and Danby Road : The Planning Board considered a Sketch Plan for the proposed 8 -lot subdivision, rezoning request, and associated site plan for the development project located at the corner of West King Road and Danby Road, Town of Ithaca Tax Parcel No . 37- 1 - 17 . 1 , Multiple Residence and Business Districts "C" and "D" . The original proposal was to subdivide the 15 +/- acre parcel into 6 lots for single-family residences, one 2 . 1 +/- acre lot for 16 apartment units in four buildings, and reserve the remaining lot along Danby Road for future commercial development. The Planning Board declared its intent to serve as Lead Agency to coordinate the environmental review pursuant to SEQR. The Planning Board later reviewed a revised Sketch Plan for the proposed development that included subdividing the 15 +/- acre parcel into 5 lots for single-family residences, two lots totaling 4 . 29 +/- acres for 20 apartment units in four buildings , and reserving the remaining lot along Danby Road for future commercial development. (This project is officially named "Holly Creek" Subdivision, and received preliminary approvals — see above) . Sketch Plan & Revised Sketch Plan for Briarwood II Subdivision, Birchwood Drive North and Briarwood Drive : The Planning Board reviewed a Sketch Plan for the proposed 14 Lot subdivision located off of the intersection of Birchwood Drive North and Briarwood Drive, Town of Ithaca Tax Parcel No . 70- 10- 3 . 5 , Residence District R- 15 . The original proposal. was to extend Birchwood Drive North to the East for 12 residential lots , with the remaining lands reserved for potential future development. The Planning Board then considered a revised sketch plan for a Master Plan development involving a proposed 50-lot subdivision located off Birchwood Drive North, Birchwood Drive, Salem Drive , and Sanctuary Drive . The three phased proposal includes 48 residential lots and 2 park land / open space lots on approximately 48-acres with road connections created between Birchwood Drive and Sapsucker Woods Road and between Salem Drive and Sanctuary Drive , Phase 1 proposes to extend Birchwood Drive North to the East for 12 residential lots with additional lands added to Salem Park. Sketch Plan for Cornell University Alumni Field Relocation , Game Farm Road : The Planning Board reviewed a Sketch Plan for the proposed construction of two lighted and two non-lighted athletic practice fields and one future (Phase 11) non-lighted field, a support building, 13 and parking to accommodate 25 -30 cars . The fields are proposed to be located off of Game Farm Road south of Cascadilla Creek, Town of Ithaca Tax Parcel No . ' s 62-2-3 , 62-2-49 62-2-5 , 62 -2 -6 , Residence District R-30 . This is a revised location and proposal for the Alumni Fields relocation project. Sketch Plan for Overlook at West Hill, 1290 Trumansburg . Road : The Planning Board considered a Sketch Plan for the proposed residential development, Overlook , at West Hill , located at 1290 Trumansburg Road (NYS Route 96) , Town of Ithaca Tax Parcel No . 24-4- 14. 2 , Residence District R- 15 . The original proposal included subdivision of the 48 +/- acre parcel into 27 lots , including a 5 +/- acre parcel for the existing medical practice, one 24 +/- acre parcel for a 128 -unit multiple family community in 16 buildings and a community center, and 25 parcels for single family residences. The proposal also includes rezoning of the 24 +/- acre parcel from Residence District R- 15 to Multiple Residence District. The Planning Board declared its intent to be Lead Agency to conduct the environmental review. Sketch Plan & Revised Sketch Plan for The Remington Inn and Restaurant, 1000 East Shore Drive : The Planning Board reviewed a Sketch Plan for The Remington located at 1000 East Shore Drive between East Shore Drive and Cayuga Lake , Town of Ithaca Tax Parcel No, 19-2-29 , Business "E" District. The original proposal included demolishing the two existing buildings to construct a two=story lodge including a 250-seat restaurant, .20 guest rooms, and a new boathouse . The proposal also included 110 parking spaces and the continued use of the existing marina (boat launch and docking facilities) . The Planning Board adopted a resolution indicating its intent to serve as Lead Agency to coordinate the environmental review pursuant to SEQR. The Planning Board then considered a revised sketch plan for The Remington including a 258 -seat restaurant, 25 guest rooms, and new boathouse . The revised proposal also included an increased parking area of 163 parking spaces ( 107 spaces on site and 56 spaces located to the east of East Shore Drive) . Sketch Plan & Revised Sketch Plan for Westview 34-Lot Subdivision, Schickel Road and Danby Road : The Planning Board reviewed a Sketch Plan for the proposed 34-lot Westview Subdivision located at the intersection of Schickel Road and NYS Route 96B (Danby Road), Town of Ithaca Tax Parcel No. 36-2 -3 . 2 , Residence District R-30 . The proposal originally included extending Schickel Road towards the east and creating a loop road for 33 residential lots and one 3/0 +/- acre lot for a park site in the southeast corner of the property. The project was revised to include a reconfigured layout with 32 residential lots and two lots totaling 2 . 4 acres for parkland. Sketch Plan for 5-Lot Wiedmaier Subdivision, Burns Road and Slaterville Road : The Planning Board reviewed a Sketch Plan for the proposed five-lot subdivision located at the intersection of Burns Road and Slaterville Road, Town of Ithaca Tax Parcel No. 56-4- 1 . 22, Residence District R- 15 and Conservation District. The proposal includes subdividing the 16 . 7 +/- acre parcel into four residential lots located primarily within the R- 15 District and one 123 +/- acre residential lot located within the Conservation District. 14 PRELIMINARY SITE PLAN APPROVALS Cornell University Precinct 8 Athletic Fields, Game Farm Road : The Planning Board granted Preliminary Site Plan Approval and issued an affirmative recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of two lighted athletic practice fields in the first phase and two unlighted athletic practice fields at a future date, a support building, stormwater facilities , and parking to accommodate 30 vehicles . The fields are proposed to be located off of Game Farm Road south of Cascadilla Creek, Town of Ithaca Tax Parcel No . ' s 62-2 -3 , 62 -2-4, 62-2 - 5 , and 62 -2-6, Residence District R-30 . Country Club of Ithaca Renovations and Additions, 189 Pleasant Grove Road : The Planning Board granted Preliminary Site Plan Approval and issued an affirmative recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed renovations and additions to the Country Club of Ithaca located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcel No . ' s 68- 1 - 1 . 2 and 71 - 7- 1 and Village of Cayuga Heights Tax Parcel No. 10-5 -5 , Residence District R-301 The project includes a 9 , 500 +/- square foot addition to the clubhouse , a 600 +/- square foot addition to the poolhouse, adding 37 parking spaces, new stormwater facilities, and changes to the walkways and landscaping. The project is located in both the Town of Ithaca and the Village of Cayuga Heights. FINAL SITE PLAN APPROVALS Cornell University Precinct 8 Athletic Fields, Game Farm Road : The Planning Board granted Final Site Plan Approval for the proposed construction of two lighted athletic practice fields in the first phase and two unlighted athletic practice fields at a future date, a support building, stormwater facilities, and parking to accommodate 30 vehicles . The fields are proposed to be located off of Game Farm Road south of Cascadilla Creek, Town of Ithaca Tax Parcel No . ' s 62-2-3 , 62 -2-4, 62 -2-5 , and 62-2-6 , Residence District R.-30 . Country Club of Ithaca Renovations and Additions, 189 Pleasant: Grove Road : The Planning Board granted Final Site Plan Approval for the proposed renovations and additions to the Country Club of Ithaca located at 189 Pleasant Grove Road, Town of Ithaca Tax Parcel No . ' s 68- 1 - 1 . 2 and 71 -7- 1 and Village of Cayuga Heights Tax Parcel No . 10- 5 -5 , Residence District R- 30 . The project includes a 9, 500 +/- square foot addition to the clubhouse, a 600 +/- square foot addition to the poolhouse , adding 37 parking spaces, new stormwater facilities , and changes to the walkways and landscaping. The project is located in both the Town of Ithaca and the Village of Cayuga Heights . PRELIMINARY AND FINAL SITE PLAN APPROVALS Cayuga Medical Center/PRI Bus Stop and Path , 101 Harris B. Dates Drive and 1259 Trumansburg Road : The Planning Board granted Preliminary and :Final Site Plan Approval for the proposed bus shelter, lighting and 8 -foot wide pedestrian path located between the Cayuga Medical Center at 101 Harris B . Dates Drive and the Paleontological Research Institution at 15 1259 Trumansburg Road, Town of Ithaca Tax Parcel No . ' s 24-3 -2 . 1 and 24-3 -3 . 1 , Residence District R-30 . Cayuga Medical Center Radiology Oncology Addition, 101 Harris B. Dates Drive . 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 three story, 9, 975 +/- square foot addition to the north side of the existing Cayuga Medical Center for Radiation Oncology services , located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No . 24-3 -2 . 1 , Residence District R-30 . Cingular Wireless Telecommunication Antennas on a Cornell University Water Tank, Dryden Road : 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 Cornell University Water Tank located off Dryden Road (NYS Route 366) , Town of Ithaca Tax Parcel No, 65 - 1 -5 . 2 , Residence District . R- 30 . The proposal includes attaching 9 panel antennas on an existing water tank approximately 74 feet high and the installation of an 11 W.' x 20 ' equipment shelter to house the radio and computer equipment. Cornell Golf Course Garage/Storage Building, Warren Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed garage/storage building at the Robert Trent Jones Golf Course , located on Warren Road, Town of Ithaca Tax Parcel No . 68- 1 -9, Residence District R-30 . The project involves removing the existing 2 ,900 +/- square foot garage/storage building and replacing it with a new 3 ,040 +/- square foot building in the same location. The new building will continue to be used for the storage of 40 golf carts, the players clubs, the golf team clubs, general storage for the Pro Shop , and general golf course storage . Ithaca Beer Company Expansion, 606 Elmira Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed 3 , 100 +/- square foot addition to the Ithaca Beer Company located at 606 Elmira Road, Town of Ithaca Tax Parcel No. 33 -3 -2 . 1 , Light Industrial District. The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to expand production, to house additional tanks and storage, and add a larger bottling line . Ithaca College/College Circle Apartments Parking Expansion, 953 & 1033 Danby Road , The Planning Board granted Preliminary and Final Site Plan Approval for the proposed construction of a revised 107 +/-space parking lot for the College Circle Apartments with additional walkway connections, new landscaping and lighting, and modifications to the storm water facilities . The parking lot is proposed to be located at the southern end of campus between the existing soccer field and the College Circle Apartments , Town of Ithaca Tax Parcel No. ' s 42 - 1 - 13 . 2 , 43 - 1 -2 . 2 , and 43 - 1 -2 . 3 , Residence District R- 15 and Multiple Residence . Ithaca College Press Box Facility, 953 Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed press box facility located at Ithaca College between the existing soccer fields and Terrace Dorms Drive Extension, 953 Danby Road, Town of Ithaca Tax Parcel No . 42 - 1 - 13 . 2 , Residence District R- 15 . The proposal consists of a 250 +/- 16 i r square foot 2 - story building to include a concession stand and athletic equipment storage on the first floor with the press box on the second floor. The project also includes adding new bleacher style seating for approximately 60 people to the existing bleachers . Lakeside Nursing Home Garden Addition, 1229 Trumansburg Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed conversion of a portion of the loading dock area into a garden at Lakeside Nursing Home located at 1229 Trumansburg Road, Town of Ithaca Tax Parcel No . 26-4-46 . 1 , Residence District R- 15 . The proposed garden will be located on the southeast side of the building and includes a walkway, sitting areas , a tool shed, open lawn, and various plantings. Longview Pavilion, Fill, and Sidewalks, 1 Bella Vista Drive : The Planning Board granted Preliminary and Final Site Plan Approval and Special Approval for the proposed pavilion, sidewalks, and the addition of fill 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 placing approximately 3 , 100 cubic yards of fill obtained from the College Circle Apartments project to the west of the existing building, constructing a 2 ,900 +/- square foot pavilion on a portion of the new fill , adding a restroom and storage area on to the existing shed, and adding two sidewalk extensions with a total length of 471 +/- feet located along the existing . . driveways . The proposal has been modified, with the addition of the fill and the pavilion being shifted, since receiving Preliminary Site Plan Approval on October 15 , 2002 . Montessori Middle School Building Addition, 117 East King Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed!, locker room addition at the Elizabeth Ann Clune Montessori School located at 117 East King Road, Town of Ithaca Tax Parcel No . 43 -2 -7 , Residence District R- 15 . The project involves a 285 +/- square foot locker room addition on the northwest corner of the building. T-Mobile Wireless Telecommunication Facility, 756 Dryden Road : 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 wireless telecommunication facility on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road, Town of Ithaca Tax Parcel No . 65 - 1 - 5 . 2 , Residence District R-30 . The project involves installing 9 panel antennas on the walkway handrail of the existing water tank and 3 base transmitter stations on a concrete pad near the base of the tank. SITE PLAN MODIFICATIONS College Circle Apartments — Building 13 Renovations, 1031 Danby Road : The Planning Board granted preliminary and final approval for Site Plan Modifications and modification of a condition from a previous approval for development at College Circle Apartments located at 1033 Danby Road, Town of Ithaca Tax Parcel No . ' s 43 - 1 -2 . 2 and 43 - 1 -2 . 3 , Multiple Residence District . The proposed modifications include renovating the existing office and laundry room in Building 13 into one additional apartment and adding an asphalt walk from Building 13 towards the Community Building . Also proposed is an increase in the approved number of apartment 17 units from 149 to 150 ( 149 units was approved on April 2 , 2002 by the Planning Board), with the maximum occupancy remaining at the originally approved 750 persons . Ithaca Beer Company Expansion — Modification , 606 Elmira Road : The Planning Board granted approval for Site Plan Modification for the proposed 3 , 255 +/- square foot addition to the Ithaca Beer Company located at 606 Elmira Road, Town of Ithaca Tax Parcel No . 33 -3 -2 . 1 , Light Industrial District. The modification includes changing from a 48 ' x 66 ' (31168 SF) addition as approved by the Planning Board on October 7 , 2003 to a 35 ' x 93 ' (3 ,255 SF) addition located along the rear of the existing building. Quick Cash Auction House — Site Plan Modification for Trailer Relocations 635 Elmira Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modification to the approved site plan for Quick Cash Auction located at 635 ;Elmira Road, Town of Ithaca Tax Parcel No . 35 - 1 -21 , Business District "C". The proposed modification includes relocating two of the trailers from the southwest corner of the property to a better screened location closer to the building behind a fence . The original plan was approved on June 18 , 2002 by the Town Planning Board, Summerhill Apartments Phase II Modifications, Summerhill Lane : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modifications to the approved site plan for Summerhill Apartments Phase 11 located on Summerhill Lane , Town of Ithaca Tax Parcel No . 62-2- 1 . 127 , Multiple Residence District . The proposed modifications include shifting one building and eliminating one garage, adding a new path and modify existing paths, drainage changes, and adding 26 parking spaces along Summerhill Lane . Summerhill Apartments Phase II Site Modifications Regarding Stormwater Management, Summerhill Lane : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modifications to the approved site plan for Summerhill Apartments Phase 2 , located on Summerhill Lane, Town of Ithaca Tax Parcel No . ' s 62 -2- 1 . 127 and 62-2- 1 . 122 , Multiple Residence District. The proposed modifications include converting back to the original site plan for the storm water facilities by removing areas recently filled along the eastern edge of the property and the excavation of sediment from the main retention basin. The proposal also includes construction of a new elevated wooden boardwalk for pedestrians on the eastern edge of the site . RECOMMENDATIONS Recommendation to Town Board Regarding Comprehensive Revisions to the Town of Ithaca Zoning Ordinance and Map : The Planning Board issued an affirmative recommendation to the Town Board regarding the proposed Town wide comprehensive revisions to the Town of Ithaca Zoning Ordinance and Map . The public hearing was held and closed on March 18 , 2003 . The Planning board recommended that the Town Board adopt the revised Zoning Ordinance and Map as submitted by the Codes and Ordinance Committee in the January 15 , 2003 Draft Zoning Ordinance and November 26 , 2003 Draft Zoning Map, with the following modifications : ( 1 ) addition of "bed and breakfast" as a principal use authorized by special permit 18 in Conservation Zones, and (2) addition of "any institution of higher learning" as a principal use authorized by special permit in Conservation Zones to clarify that university and college uses are intended to be permitted. The Planning Board also supported the study of a new lower density transition zone by the Town Board and Codes and Ordinances Committee as a future consideration and possible future amendment to the Zoning Ordinance and Map . The Planning Board expressed an interest in reviewing and commenting on the Draft Environmental Impact Statement upon its acceptance as complete by the Town Board. Follow-up Recommendation to Town Board Regarding Additional Changes to the Proposed Zoning Revisions : The Planning Board issued an affirmative recommendation to the Town Board regarding additional changes to the proposed Town wide comprehensive revisions to the Town of Ithaca Zoning Ordinance and Map , including text changes in the "Addendum Containing Language Changes Suggested by the Codes and Ordinances Committee or the Planning Board Subsequent to January 15 , 2003 [Cumulative through October 20 , 2003 ] ," and a minor update on the Proposed Zoning Map (August 25 , 2003) 0 Recommendation to ZBA Regarding Sign Variance at College Circle Apartments, Danby Road : The Planning Board issued an affirmative recommendation to the Zoning Board of Appeals regarding a sign variance to allow a 54 square foot sign at the entrance to the College Circle Apartments on Danby Road, Town of Ithaca Tax Parcel No . 43 - 1 -2 .2 , Multiple Residence . Recommendation to ZBA Regarding Sign Variance, Southwoods Subdivision, East King Road : The Planning Board recommended that the Zoning Board of Appeals (ZBA) deny the requested sign variance to allow a 24 square foot (3 ' x 8 ' ) neighborhood identification sign on the south side of East King Road to the east of the future Southwoods Drive, Town of Ithaca Tax Parcel No . 46- 1 - 15 .43 , Residence District R-30 . Such signs are permitted to be a maximum of six square feet in single-family residential zones . The Planning Board recommended that the ZBA consider approving a sign not to exceed 12 square feet in size . MODIFICATIONS OF PLANNING BOARD CONDITIONS Modification of Condition for Subdivision Approval, State Acquisition for Black Diamond Trail, Elmira Road : The Planning Board granted approval for modification of Condition 1 (a) of the Planning Board's Resolution granted on May 15 , 2001 , for the subdivision of Tax Parcel No. 35 - 1 - 18 on Elmira Road (divided into a 45 . 141 and a 2 . 617 acre parcels) , Business District " C " and R-30 Residential District. Condition 1 (a) required consolidation of the 45 . 141 acre parcel with adjacent Tax Parcel No . 35 - 1 - 5 . 2 by May 15 , 2002 . The original subdivision approval was granted on August 22 , 2000 , and required consolidation within six months. Cayuga Medical Center — Radiation Oncology Unit : Modification of Condition, 101 Harris Be Dates Drive : The Planning Board approved a modification of Condition 2 . c . of the September 25 2003 Planning Board Resolution granting Preliminary and Final Site Plan Approval for the proposed Radiation Oncology addition to the Cayuga Medical Center located at 101 Harris B . Dates Drive , Town of Ithaca Tax Parcel No. 24-3 -2 . 1 , Residence District R-30 . Said condition required the applicant to submit a copy of the Certificate of Need from New York State Health Department prior to issuance of a Building Permit from the Town of Ithaca. 19 MISCELLANEOUS PLANNING BOARD ACTIONS Williams Subdivision Setback Waiver, 114 Woolf Lane : The Planning Board granted a waiver of Section 32 , Paragraph 6, of the Town of Ithaca Subdivision Regulations, and a waiver from the final plans for the Westwood Hills Residential Subdivision showing the typical cluster layout, which requires a thirty foot minimum distance for the front yard, to permit the existing house to remain 2 . 2 feet within the front yard setback at 114 Woolf Lane, Town of Ithaca Tax Parcel. No . 23 - 1 - 11 . 123 , Residence District R- 15 . WITHDRAWN Poncbalek 2-Lot Subdivision , ]Kendall Avenue : The Planning Board considered Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at the end of Kendall Avenue, Town of Ithaca Tax Parcel No. 54-4- 15 , Residence District R-91 The proposal includes subdividing the 0 .437 +/- acre parcel (which does not front on a public road) into two lots for construction of a two-family dwelling on each lot . The applicant withdrew the proposal because of unresolved issues regarding access to the property and the extension of Kendall Avenue and the overabundance of student housing in the Kendall Avenue area. 20 Town of Ithaca Planning Department Development Review Accounting For 2003 In 2003 , the Planning Department received thirty-three development review applications consisting of twelve site plan reviews , nineteen subdivision reviews, and two sign recommendations . Some applications include multiple actions that were not counted separately for development review accounting purposes . A total of $4 ,627 . 00 was collected in non- refundable application fees and $ 17 , 773 . 86 was collected from development review deposits and letters of request. Planning, Engineering, and Attorney fees charged to these. projects totaled $8 ,421 . 76 for the year. A few projects currently have outstanding balances (indicated in parentheses in the "Account Balance" column) . Letters requesting payment have been sent. to some applicants with outstanding balances , while additional letters will be sent out in 2004. The attached spreadsheet shows both 2003 projects and those received before 2003 that remain open. The first two digits of the project number indicate the year which the Planning Department received the application. The "Project Status" column notes whether the projects are open or closed as well as any additional information. Fifteen pre-2003 projects were closed in 2003 along with ten 2003 projects . 21 U H U N v � O 0. 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M r t' M M M qt -tt qZr 9Zt RtT d• Itt V R�T 7 Vl Vl Vl V') Vl V1 Vl V) V) V'1 V \�o V V V �o '* �O V �D h h h t� V V V V 7 � qt7 R V d• V V 7 7 V V 'V• 7q�r 7 V V 7 V 7 7 •7 VqRT 7 V •V• 7 q* V � 7 q* M RqcT 7 V V1 Vl vl V) V^ �O %X) Vr �o V h h h 00 00 00 00 W 00 C� O O O N O O O O O O O O O O O O O O C O O O O O O O o C 0 ^ ^ _ L 7 i i i i i i i i i i i i i i i i i i i i i i i m 0 O O o 0 0 C O 0 0 C m 0 0 C O 0 C O C O 0 C 0 0 0 0 0 0 0 0 0 0 0 23 Town Engineer 's Annual Report for 2003 GENERAL Staff The Town Engineering Department staff in 2003 consisted of three full time positions in. town hall including, Dan Walker; Director of Engineering and Town Engineer, Creig Hebdon ; Assistant Town Engineer, Kathryn Prybylski ; Civil Engineer. The Town Engineer provides technical supervision to three staff positions located at the Public Works Facility including, Wayne Sincebaugh ; Water and Sewer Maintenance Supervisor, Craig Ballard; Senior Engineering Technician , and Joseph Slater; Engineering Technician. The Engineering Department also had four student interns working part time in the Town Hall from Cornell University, Kristen Taylor, Heather Miller, Rebecca Francisco and Brian Clouser. Mary Bryant, the engineering secretary retired at the end of 2002 , but continued to work part time through June to support clerical work in the department. The Town Clerk ' s staff provides clerical support and provides contract administration assistance to the department. Town Hall Facility Management Joseph Hulbert, Maintenance Worker, is coordinating repairs and maintenance on the Town Hall facility. Maintenance and improvement projects that were completed on the Town Hall this year included installation of a shower in an existing locker room/bath room for employee use and pointing of exterior brick and stone work. Records Management Engineering staff continued to work with existing record maps of the Town ' s water and sewer systems and development of an electronic GIS record map . Approximately 90% of Town sewer mains have been mapped and mapping of approximately 90% of Water mains has been completed to date . The Engineering Staff worked with the Town Clerk and the Planning and Zoning staffs to plan a storage system that will be space efficient but also allow easy access to the paper originals without damage. The records management advisory board approved this proposal and a SARA grant was received by the Town to implement the system . During 2003 the initial delivery of file boxes was received and the storage areas were set up in the archival storage room and the inactive file storage room . 98 % of existing maps and drawings held by the Town have been catalogued in the map database and filed in the new system . The map database was developed by the staff using Microsoft Access and allows information to be retrieved using a number of different search criteria. TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 2 Park and Open Space The Engineering staff coordinated with the Highway Department and Planning Department on the Hanna Pew Trail project. Plan development was finalized, and the final design was completed and approved by NYSDOT, allowing the project to move into the land acquisition 'phase . Construction was scheduled to start in 2003 but was held up by details of land acquisition . The Tutalo park design was begun with survey work and site plan development. A design was completed for the ball field, which meets little league design standards . A walking trail design was completed which will include an interpretive nature trail guide . The park plan ; includes a comfort station and picnic pavilion . The Town Highway and parks staff will be constructing the field in 2004 . Public Works facility Construction on the renovation and addition to the Public Works Facility started the Week of August 26 , 2002 and continued through the winter with substantial completion in March of 2003 . The Town Engineer provided technical support on construction inspection and contract administration . Tompkins County Emergency Management Planning Committee The Town Engineer has continued to meet with the Tompkins County Emergency Management Planning Committee, which completed the Tompkins County Comprehensive :, Emergency Management Plan . The plan was developed with guidelines from the Federal Emergency Management Agency and includes provisions for coordination of response and recovery efforts to deal with major natural and man made emergencies or disasters . The plan provides guidance for preparedness, response and recovery policy and procedures . The committee is meeting monthly and includes representatives from County and Municipal Agencies , including the Ithaca Fire Department, TC Health Department, Cayuga Medical Center, Public Works Agencies and the American Red Cross . The Tompkins County Fire and EMS Service provide coordination . Town of Ithaca Emergency Management and Fire Protection The Town Engineering department is working with other Town staff in the process of updating the Town emergency response plan L: ITB preplFebruarylReportsITown Engineers Annual Report for2003. doc TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 3 The Town of Ithaca has participated in training programs for Emergency Responsiveness in zn cooperation with SEMO , the County and the Ithaca Fire Department. DEVELOPMENT REVIEW PRI Site work for the PRI Museum of the Earth started in September of 2001 and has continued through the spring of 2003 . The Town Engineering staff inspected the site periodically to ensure compliance with the approved site plan . ECOVILLAGE EcoVillage completed the basic site work for the second resident group, which included the roadways , parking areas , fire protection improvements , water supply and sanitary sewers . Building construction continued through 2003 and areas of final site work and landscaping were completed as the Buildings were finished . Engineering staff monitored sediment and erosion control measures . COLLEGE CIRCLE College Circle Phase 3 Site construction continued through the winter and spring of 2003 . Site work was substantially completed by August . The Storm Water Management plan for the site was approved and has been inspected for compliance by the Engineering Staff. The Town of Ithaca is monitoring operation and maintenance of the storm water control system, and has authority by agreement to ensure proper function . The Water system was constructed to Town of Ithaca standards and dedicated to the Town of Ithaca. (BAKER INSTITUTE The Town Engineering staff completed final site inspection and the storm water management system was completed LINDERMAN CREEK PHASE TWO Linderman Creek Phase Two was completed in 2003 . Phase three , three buildings on the west side of the site , was started in November 2003 . The Town Engineering staff continued inspecting the site periodically to ensure compliance with the approved site plan . CORNELL UNIVERSITY PRECINCT NINE ATHLETIC FIELD The Town Engineering staff did extensive review of the storm water management system for the Cornell University Precinct 9 athletic field proposal . Construction of the fields began as fill was placed from various construction sites on the Cornell University Campus . The Town Engineering staff continued inspecting the site periodically to ensure compliance with the approved site plan . L: ITB preplFebruarylReportslTown Engineers Annual Report for 2003. doc TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 4 CORNELL UNIVERSITY PRECINCT EIGHT ATHLETIC FIELD The Town Engineering staff completed review of the storm water management system for the Cornell University Precinct 8 athletic fields on Game Farm Road. Construction of the fields began in the fall with construction of the storm water management system. The Town Engineering staff has been inspecting the site periodically to ensure compliance with the approved site plan . SOUTHWOODS SUBDIVISION The Southwoods Subdivision on East King Road was approved in 1989 and construction was not started until the summer of 2003 . The Town Engineering staff has worked with the developer on the final design for the storm water management system , roadway and utilities . Water and sewer improvements for the first phase were inspected by Town staff and have been accepted as Town facilities . The Town Engineering staff has been monitoring storm water management and sediment and erosion control measures during construction EARTH[ FILL PERMITS Old Marshall Farm, Gravel Mine, Mecklenburg Rd. (Eddy) The Earth fill pernut 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. No construction activity was started until November of 2003 . Town staff has been inspecting sediment and erosion control measures . During 2003 six earth fill permits were issued . 200301 : 138 Honness Lane, 250 CY for re-grading of yard 200302 : 635 Elmira Road, 250 CY imported fill for regarding parking lot. 200303 : 171 Calkins Road, 250 CY gravelly fill material for driveway re-construction 200304 : Eddy Dale Farms , 250 CY sandy gravel for leveling area behind farm stand 200305 : TP 29 . -6-24 . 1 , Westhaven Road, Driveway construction , 250 CY on site regarding 200306 : Robert Trent Jones Golf Course, 17`h & 1 8th tees , 250 CY to relocate Tees . L : ITB prep IFebruarylReports I Town Engineers Annual Report for2003. doc TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 5 STORM WATER MANAGEMENT South Hill A watershed evaluation study was begun to model the south hill area of the Town of Ithaca. This includes Ithaca College and College Circle development areas and drains to the Stone Quarry Road area. Northeast The northeast area storm water management plan is being developed with the modeling of the watershed that includes Sapsucker Woods and drains into the Village of Cayuga Heights . This area of the Town of Ithaca has experienced significant drainage problems and this study will result in recommendations for improvements . WATER PROJECTS Integrated Water System The proposal to integrate the Bolton Point water system, the City of Ithaca Water system and the Cornell University into a single commission to operate all three water plants is no longer under consideration . The engineering study that was completed as part of the proposal has provided an excellent source of information that the Town and SCLIWC are using to develop plans for system improvements that will improve service and provide additional reliability and security for the Town water system. The Town, as a member of SCLIWC , continues to work cooperatively with the City of Ithaca and Cornell University to provide emergency back up water supplies . 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 . Burns Road Water Main Extension The Contractor started work on the Burns Road water main in mid December 2002 and the project was substantially complete by mid January 2003 . Final restoration was completed in May of 2003 L : ITB preplFebruarylReportslTown Engineers Annual Report for 2003. doc TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 6 West Hill Water System 2002 Improvement Project The Contract for replacement of the watermain behind the Biggs complex and the Hospital was awarded to G . DeVincentis & Son Construction Co . , Inc . of Binghamton in October of 2002 . Work on the project continued through the winter and was substantially completed, in May 2003 . West Hill Water Storage Tank A one million gallon wire wound concrete water tank and 2000 feet of water main was constructed on the Eco-Village property. This capital improvement project provides additional water storage for the west hill area, which was served only by the 70-year-old Trumansburg Road 0 . 5 million-gallon storage tank. The storage provided by the new tank will allow the Town to drain the old tank for long overdue maintenance . South Hill Transmission Main and Bostwick Storage Tank A 12 -inch Ductile Iron Pipe water main was constructed on south hill from the existing Danby R water main to the existing Town water main at Buttermilk Falls . This 6 , 300'7foot water main provides SCLIWC water to the inlet valley and west hill areas of the Town , 'which have been sere , by water purchased from the City of Ithaca . This project was substantially completed in 2003 with final restoration to be completed in the spring of 2004 . This construction contract also included construction of a 200,000-gallon glass lined steel tank on Bostwick Road, along with 1 ,400 feet of 8 " Ductile Iron Pipe water main from Seven Mile Drive to the tank. This tank provides planned water storage for the inlet valley service area along with improving water pressure and fire flow to the area . Coy Glen Pump Station The Coy Glen water pump station is the third element of the water improvements that will allow the West hill to be served by water from Bolton Point. The construction contract for the project was awarded project was in October and construction of approximately 2400 feet of 12" water main was completed in December. The site work for the pump station was started in December and the anticipated substantial completion date is March 2004 . Water System Mapping and Model The Engineering staff, including student interns , has continued to update the, electronic database for the water system . This information will be used to update the Town-wide water system hydraulic model , and will be used to provide information to locate water mains in the field . These tools are important for effective maintenance of the water system. L : ITB prep IFebruarylReports I To wn Engineers Annual Report for 2003. doc TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 7 SEWER PROJECTS Joint Sewer Agreement The SJS partners continued to work through out the year on the :revised agreement for the Ithaca Area Waste Water Treatment Facility and jointly used interceptor sewers . Both agreements were signed on December 31 , 2003 after many hours of negotiation . Intermunicipal Sewer System The Intermunicipal sewer Committee continued 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 Final Environmental Impact Statement for the project was approved during the year and the Intermunicipal agreement was signed on December 31 , 2003 . Implementation of the improvements to divert sewage flow from the Town of Ithaca out of the Cayuga Heights WWTP will begin in 2004 . Ithaca Area Waste Water Treatment Facility Phosphorus Removal Improvements Stearns and Wheler have developed the final Design of the Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility . The Contract Documents were completed and the project was put out to bid. Bids were accepted and final award of contracts were pending approval of funding by NYSDEC and signed contracts for that funding . Sanitary Sewer I & I Control Program The Town Engineer submitted a status report on the town ' s Infiltration and Inflow control program to the SJS to be included in the annual report to NYSDEC . Interceptor Sewers The Town Engineer has reviewed project data and cost information provided by the City of Ithaca to evaluate the appropriate cost participation in the jointly used interceptor sewers . Negotiations regarding these costs are continuing between the Town and City . West Hill Sewer System The Town Engineering staff completed the design and construction plan for replacement of the Trumansburg Road Hospital sewer line in 2002 . The Contract for replacement of the sewer main behind the Biggs complex and the Hospital was awarded to G . DeVincentis & Son Construction Co . , Inc . of Binghamton . Sewer installation was completed in March of 2003 . L : ITB preplFebruarylReportslTown Engineers Annual Report for2003. afoc TOWN ENGINEERS ANNUAL REPORT 2003 PAGE 8 East Hill ]Plaza The Town of Ithaca sewer system serving the East Hill Plaza, has required cleaning several times each year due to significant grease buildup in the sewer lines . Town staff has identified the sewer owned by Cornell University serving the plaza as the source of the grease . Several restaurants and the P&C grocery are located in the plaza and are the probable source of the grease . The Town of Ithaca sewer use law prohibits the discharge of grease in high volumes to the sewer system. Town Staff have worked with the Plaza management to have the owners install and properly operate effective grease traps to eliminate the problems . The Plaza has been billed for the cleaning of the sewer lines . South Hill Sewer Service Area The start of development of the Southwoods subdivision, located on East King Road, presented an opportunity to evaluate the extension of the Coddington Road sanitary sewer] main . The Southwoods 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 evaluated an option to serve the project with a gravity sewer along Coddington Road, which would eliminate the need for a pump station and provide the additional benefit of serving residents along Coddington Road north of Ea King Road with sewer. L : ITB preplFebruarylReportsITown Engineers Annual Report for2003. doc HUMAN RESOURCES OFFICE 2003 ANNUAL REPORT CIVIL SERVICE : The Town has maintained compliance with civil service and has received approved Payroll Certifications for 2004 , as required by Law . As of the end of the year, there was zero position filled by provisional appointment . There were two positions vacant to be filled in 2004 : Recreation and Youth Coordinator and Town Historian . There was one employee on probation as of the end of the year : Joe Slater , Engineering Technician I Turnover ratio is determined by dividing the total number of employees who resigned or retired by the total number of active positions . The Town 's turnover ratio for 2003 was 0 % or 0 out of 50 . Compared to : 2002 ' s 4 % , 2001 ' s 6% , 2000 's 13 % , 1999 's 14 % , 1998 ' s 11 % and 1997 ' s 11 % . S . C . L . I . W . C . experienced 1 out of 19 or 6 % in 2003 compared to 6 % in 2002 , 6 % in 2001 , 11 % in 2000 , 17 % in 1999 , 0 % in 1998 and 17 % in 1997 . During the year the following changes occurred : • New positions created : Project Assistant , Recreation and Youth Coordinator, one additional Distribution Operator • Title Changes : Distribution Operator/ Engineering Technician and Distribution Operator/Backflow Administrator titles were changed to Distribution. Operator • Positions abolished : None • Position reclassified : None • Job Description Revisions : Network Records Specialist • Promotional Appointments : None • New (or re- ) hires : Kristin Taylor, Project Assistant- Engineering ; Paul Semo , Typist ( Records Management Grant position ) ; Nicole Tedesco , Planning Intern ; Majorie Shippey , Crossing Guard • Miscellaneous : There were Temporary Laborers hired for Highway for the summer workload . Justice Burin from Town of Lansing is an Interim Justice filling in for Justice Larkin . • Resignations : None • Terminations : None • Layoffs : None • Retirements : None See attached listing of positions as classified with Civil Service . PERSONNEL COMMITTEE : The Personnel Committee met every other month to review Personnel Policy issues that were brought up for discussion . The Personnel Manual was approved by the Town Board at the end of 2002 and with some modification by SCLIWC in January 2003 . The manual was put together with the Safety manual for a combined Employee Policy and Procedures Manual . Every employee including Commission employees signed an acknowledgement of receipt of the manual for documentation to be put in their personnel file . The Committee work for 2003 included revising the Drug and Alcohol Policy twice , recommendation to contract for an Employee Assistance Program , complete Salary and Benefit Survey, recommendation to increase the INight Rate Shift for the Highway Department , and evaluating self pay insurance coverage available through Aflac and Long Term Care Insurance . SAFETY COMMITTEE : The committee 's responsibility is to identify and resolve safety and health issues in the workplace . The committee in 2003 reviewed accident reports and made suggestions to correct problems , in hopes to alleviate any future accidents . The committee reviewed loss run reports from PERMA to become familiar with the cost associated with accidents . The committee reviewed the annual workers ' compensation billing so that they had a better understanding how it is 'computed and what the effect of accidents is on the cost to the town . The committee worked on a fire evacuation plan for the newly renovated Public Works Facility , Dangerous Intersections for Plow Drivers , established a listing of what safety equipment (first aid kits , flash lights , and fire extinguishers;) should be in the different vehicles and made sure items were purchased and put; in vehicles . To make sure these items remain in the proper vehicle and to make sure they are up to date and working the mechanics will add a checkpoint on their inspections checklist . Town Hall has had successful surprise evacuation drills with participation by Ithaca Fire Department , EMPLOYEE TRAINING AND DEVELOPMENT : As an essential part of keeping employees affective , training and personal development is always a key issue . Training sponsored by the Personnel Department in 2003 : Informational sessions were held at all location on the new Employee Policy and Procedures Handbook , the annual safety training for Town Hall was incorporated within the handbook training . 2 r r The Town , City of Ithaca , Tompkins County and TC3 work together to develop and provide training and professional development programs for the staff. There was work done in 2003 to bring into the mix the training and development coordinators for Ithaca College and Cornell University . This group referred to as Professional Development Consortium ( PDC ) developed a Leadership Series utilizing Harvard Business Review case studies . This program was a 4 meeting program held in September and December of 2003 and two more to be held in February and April of 2004 . The program includes the some of the key decision makers for the organizations involved . For example some of the participants include ; Catherine Valentino and Mary Russell , Town of Ithaca , Alan Cohen and Carolyn Peterson , City of Ithaca , Tim Joseph , Steve Whicher and Ed Marx , Tompkins County , Bonnie Solt-Prunty and Bob Holt , Ithaca College , Margaret Ferguson and Peggy Beach , Cornell University , and John Conners , TC3 . Each of the meetings is facilitated by a recognized leader in the community such as ; Steve Garner, President , Tompkins Trust Company , Robert Mackenzie , President and CEO , Cayuga Medical Center , Mary Opperrnan , Vice President of Human Resources , Cornell University and Peggy Williams , President , Ithaca College . As for departmental development I participated in the following seminars in 2003 ; monthly training/meetings of the Society for Human Resource Management of Tompkins County , N . Y . S . SHRM Conference , Compensation Strategy , meeting/teleconferences hosted by NYS Retirement System and technical training on the Human Resources Information program HRA. On a professional basis I served on the Society of Human Resources Management of Tompkins County Board of Directors as Treasurer and Member Chair and served as a municipal representative on the United Way Allocations Committee . DIVERSITY . I have represented the Town on the Tompkins County Diversity Consortium . The consortium was developed a few years ago by the Board of Representatives to address diversity issues with employers in the county . Goals of the Consortium are to aid employers in the challenge of diversifying their staff, have a better representation of the community working in community employers , and create a resource list of vendors who actively pursue diverse applicants . An issue that was addressed at several meetings is the need to have a more diversified pool taking and passing civil service exams . As not only the County , City and Towns utilize the exam lists , but so does the schools , TC3 and BOCES . Another " hot topic" for employers is the problem with retaining minorities and people of color in positions in rural central New York . The Committee this year created a resource list for recruiting diverse candidates . The committee worked a great deal on a website that could be utilized by employers in the county as a source of information for applicants . 3 WELLNESS/SAFETY AWARENESS : As one part under this big umbrella called Wellness the Town provided the employees with a Wellness Fair in November. At the fair the employees could have their blood pressure , cholesterol and glucose checked , have an analysis of their body fat percentage done , and have a free flu shot . The participation was very good with at least half of the employees participating cost of $350 . The cost this year was less than previous years as we had Excellus BlueCross/, BlueShield for free do the screenings and we paid $ 10 per person to Cayuga Medical for the flu shots . Fitness membership reimbursement is the second part of the wellness program . In 2003 , 9 employees received reimbursements for enrolling in some type of wellness program . The Town also purchased additional fitness equip I nent for the wellness room located in Town Hall and purchased one piece of equipment for the wellness room in the Public Works Facility . All employees were given 2004 safety awareness calendars and monthly receive information sheets on wellness issues . INSURANCES : HEALTH / DENTAL INSURANCE : In 2003 the Town 's health insurance was switched over to Excellus BlueCross/BlueShield as the result of an RFP . The plan chosen was the Blue PPO with a $ 10 copay for office visits , with no referrals needed . 20031 was the first year the Town was on a self rated program versus community rated . As of the end of the year the Town had paid in more than was paid out in claims . However , the Town still experienced an increase in premiums of 19 % . The Town remained with Guardian for dental insurance . There was achange for the 2003 plan , which reduced the maximum payout for claims from $ 1500 to $ 700 . As of August there were more claims paid out than premium brought in by a difference of 12 % . This caused the rates for 2004 to raise by 12 % . , There were no plan design changes made for 2004 . This insurance remains to have very low participation at 25 % mostly because it is a 100 % paid by employee plan . WORKERS ' COMPENSATION : In 2003 there were five ( 5 ) injuries reported to our workers ' compensation company ( PERMA) , and all were record -able injuries on our PESH 900 log . The injuries resulted in a total of 8 lost workdays and 16 restricted or transitional duty days . The Town was honored at the 2003 annual meeting by winning the New Member Special Achievement Award from PERMA . This award was given to the Town for its outstanding safety evaluations for the first three years of membership with PERMA . 4 A COMMERCIAL INSURANCE : I continued to work with Charlie Gibson from Ithaca Agency to keep the Town ' s coverage levels at an appropriate level . There was a full evaluation completed on determining the value of the newly renovated Public Works Facility . In the fall there was a Request For Proposals done as required every five years . The RFP resulted in two companies submitting proposals . After review Ithaca Agency was chosen to continue as the selected agency and Selective Insurance as the insurance company . There were 3 accidents reported to Selective Insurance by the Town in 2003 . The major claim was due to an automobile accident on Sand Bank Road in August . Of the three claims one is open and in legal office to be settled . There was one claim open for the Town from year 2002 . The Town made two claims against another person , both of which involved . damage done to a Town vehicle . Others : The Public Works Facility was completed in 2003 and there was an open house was held in August . The Town Employee Appreciation Picnic was held in August at Myers Park in Lansing . The yearend luncheon was held at the Ramada Inn with a great selection of door prizes thanks to a generous donation from Barney , Grossman , Dubow and Marcus . It has been a great pleasure working at the Town of Ithaca and with the Town Supervisor, members of the Town Board , and the employees of Town Hall , Highway and Bolton Point . Work Priorities for 2004 for the Human Resources Office : • Launch Windows based Williamson Law Book Payroll Program . • Finish installation of HR Information System program . • Develop Leadership Training Session for Department Heads . • Complete a manual for Elected and Appointed Officials . • Design Professional Development program for staff. • Complete wellness room setup at Public Works Facility . Submitted By : Judith C . Drake , PHR , Human Resources Manager 5 2/3/2004 with changes from Civil Service Audit Y Civil Service History on # of osition Positions Position / Title Employee Name Jun-95 1 Town Supervisor Catherine Valentino Feb-01 1 Deputy Town Supervisor Carolyn Gri orov Jun-95 1 Director of Engineering Daniel Walker Jun-95 1 Director of Planning Jonathan Kanter Jun-95 1 Highway Superintendent Fred Noteboom Jun-95 1 Director of Building & Zoning Andrew Frost Jun-95 1 Town Clerk Tee-Ann Hunter Feb-01 1 Receiver of Taxes Deborah Kelley Sep-97 1 Budget Officer Alfred Carvill Dec-96 1 Secretary to the Supervisor VACANT 6/1995 , revised 5/01 1 Assistant Director of Engineering Creig Hebdon 6/1995 , revised 5/02 1 Assistant Director of Planning Susan Ritter Oct-96 1 Deputy Highway Superintendent Eugene Redman IPIIIIIIIIIIIII Jun-95 1 Water & Sewer Maintenance Supervisor Wayne Sincebau h Dec-97 1 Parks Maintenance Manager Rich Schoch IIIIIIIIPIIIIII 6/1995 reclass=5/01 1 Human Resources Manager Judy Drake Nov-97 1 Environmental Planner Michael Smith 6/1995 , revised 7/01 1 Assistant Director of Building and Zoning Kristie Rice Dec-98 1 Civil Engineer Kathryn Prybylski 10/1996 = 1 2 Administrative Assistant Gail Kroll 12/1997= + 1 VACANT 6/95= 3 4 Working Supervisor Don Tenkate 12/97= - 1 Rich Tenkate 3/99= + 1 Jeff Hulbert U/95= 1 re 1995 VACANT May-01 , 1 Senior Engineering Technician Craig Ballard Nov-96 1 Bookkeeper to the Supervisor (exempt) Deborah Kelley ,6/96=- 1 , 11 /99=reclsd Sr act cirk to Prn/typist not typist in 3/00 1 Principal Account Clerk Connie Clark 11 /98= 1 11 /99=recis to Prin Acct Clrk Typ 0 Senior Account Clerk N/A Jun-95 1 Senior Account Clerk Typist VACANT 6/95= 1 ,5/96=+ 1 ,3/98=- 1 2 Planner Chris Balestra 1 from pre 1995 VACANT 6/95= 1 reclass=5/01 1 Heavy Equipment Mechanic John Williams Jun-95 1 Deputy Town Clerk ( Deputy Receiver of Taxes Carrie Whitmore Jun-95 1 Engineering Technician I Joe Slater Jun-98 1 Network/Records Specialist Lisa Carrier-Titti 6/95= 1 , 10/96=- 1 0 Secretary N/A Iiii Feb-96 4 Heavy Equipment Operator Larry Salmi Ray Manning Tim Eighmey Jeff Scott Dean Ma -01 1 Maintenance Worker Joe Hulbert 6/95 = 1 , 7/01 =+ 1 2 Court Clerk ( Full Time) ( Exempt) Betty Poole Cindy Vicedomini 1 from pre 1995 1 Court Clerk Full Time (Competitive) VACANT 95 =6 12 Motor Equipment Operator David . Boyes 96 = +2 Eric Griffin John Shepardson from pre 1995 Monty Mouillesseaux Donald Mike Beach Matt Lincoln VACANT EMP LISTPositions Preoared by Judv Drake 2/3/2004 Paae 1 2/3/2004 with changes from Civil Service Audit Y Civil Service History on # of position Positions Position / Title Employee Name VACANT VACANT VACANT VACANT VACANT 6/95=3 4 Senior Typist Dani Holford 2/96 = + 1 Sandra Polce VACANT VACANT Jun-95 1 Deputy Town Clerk ( Exempt) Lori Love 3 from pre 1995 3 Deputy Town Clerk (Competitive Classification) VACANT VACANT VACANT Jun-95 2 Account Clerk / Typist VACANT VACANT Feb-96 1 Keyboard Specialist VACANT Mar-99 1 Automotive Mechanic Assistant Bernie Morse 6/1995=5 4 Typist (part time) (non-competitive) VACANT 7/00 =2 abolished VACANT 1 from pre 1995 VACANT VACANT 1 from pre 1995 1 Typist full time VACANT 6/1995 = 9 14 Laborer Jeff Goldrick 5 from pre 1995 Henry Eighmey Toby Brown Stan Schrier Sarah Lampke VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT 6/95= 1 abolished 7/00 0 Cleaner N/A 6/95=3 5 Crossing Guard Sue Kula 2 from pre 1995 Sara Hymes Lisa Sheffield Majorie Shippey Linda Besemer sub Sep-95 1 Planning Intern Tem -6mths- NonCom ) Nicole Tedesco 3/99=+ 1 Abolished 3/99 0 Engineering Aide VACANT 5/03= 1 1 Project Assistant (Temp 6 mths NonCom Kristin Taylor 1 from pre 1995 1 Junior Planner VACANT 1 from pre 1995 1 Zoning Officer art time VACANT 1 from pre 1995 1 Doq Enumerator VACANT 12/03= 1 1 Recreation and Youth Coordinator VACANT Jun-95 1 Historian ( part time) VACANT VACANT positions must be budgeted and approved in order to be filled . All positions are Competitive Civil Service positions unless otherwise indicated in ( ) . All positions are full time positions unless otherwise indicated in ( ) . OF TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 2713-1747 ZONING 273-1783 FAX (607) 273-1704 MEMOjUND UM TO : Cathy Valentino and the Town Board DATE : February 3 , 2004 FROM : Andrew S. Frost, Director of Building and Zoning SUBJECT : Year 2003 Overview of Department Activities The most significant event for the Town ' s Building and Zoning Department for 2003 was the full implementation of New York State ' s new building code. While certain building code and fire safety concepts remain unchanged, the new code represents a significant change in text and format when compared to the last fifty plus years. New York State went from a fairly exclusive and specific code used solely by New York to a code text and format used nationwide. Significant new construction included: 9 new apartment buildings and a community building at College Circle The completion of 9 new apartment buildings and a community building at Linderman Creek Phase II — Cypress Court The start of construction for the Cayuga Medical Center' s new Educational building (a wing of the hospital) Major new additions to the Country Club of Ithaca EcoVillage at Ithaca has essentially completed Phase II of their property Other significant projects included: Interior renovations to 3 floors at the Cayuga Medical Center, along with a new fire alarm system Additional building space for the Ithaca Beer Company (construction has not started) Ithaca College retrofitted sprinkler systems in several of their "quad" dormitories Linderman Creek Phase II commenced construction on 3 new additional apartment buildings There were no significant approvals provided by the Zoning Board of Appeals with any cases, other than those previously approved by the Planning Board. One interpretation was rendered regarding the permitted footage of each unit of a two-family home. There were no significant structure fires (or associated injuries) in the Town this year. o 'r' 0 in vi C ` N ^ C N d N 69 rn 69 6R N 00 0 p C r O M B 0 O kr) C M 00 M tr)_ 69 EA 69 CA O U by CN 00 O M O oC r� O - N rq 69 b9 «, 69 b 6Ar N N N � C C^ N G v AC d O oo G r 1 C ii �O M W) O r N a3i O 4) Qs 69 v9 �' 3 w C U 00 N V1 O O 00 O C ^. N 69 b9 (9 69 ff3 G O O •a+ N W «) Cn � M V•� Q) G O N O C M tn O> O O V N N O t\ ON ^y � •� 69 x O O M 00 00 ON M � d' O N N 69 b 6e Goq N M 4 b4 Cd M w N � U G •C Q �r U � 00 M O h C O N 0.j r O N OO N G N M ON0 � O, "" Nf N 0 .0 r+ CD r b T MWI imm pm� 'WW Wei � 69 69 69 cC E UQ i U bq CA z ca rA evo W Q Q M Ln � L7� � V] L� Vj ON 4] G zQw Q LL 40 0 } (A O Q a ti N zLin m a y O a al C7 M o Z Ow F M ` oo O O O N O �7 O O O O oo z 00 O C O 0 N � oo O) � 00 C N � [� ® = N o0 O O O A 00 00 O O O M ri O N Q v') 00 O O ^ �'' .-. 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The 2003 struggle to meet demands for community services with constrained resources will continue as we move through 2004 . Familiar are buzz words like, reinvent government, privatization , enhancing efficiency, fiscal straddling. Resurrected techniques like "streamline," "time & motion ," and "downsize" have found new meaning in the management of many governments . Balancing a budget through efficiency gains is a stretch for any government. The constant vigil of the Ithaca Town Board (past and present) and its employees to prescribed cash management practices , controlled expenditures , and sound debt management implemented and driven by budget documents that are based upon ( 1 ) the budget as a policy document (2) the budget as a financial plan , (3 ) the budget as an operating guide and (4) the budget as a communications tool have proven beneficial to and for the Town of Ithaca. The Town can take pride in some fiscal successes for the year ending 2003 . The Genera]. Town-wide Fund fund balance closed 11 . 8 % ($262 , 560) higher than 2002 . Sales tax revenue exceeded expectations by 13 % . The old gave way to a new period in local history with the sale ($315 ,000) and demolition of the "old town hall . " Significant advancements in both service and cost were made to the Town ' s Water System and Highway infrastructures . Long-term principal debt declined by $545 ,000 even as an additional $ 1 .4 million of principal debt was added to the Town ' s fiscal responsibility for the much needed expansion and renovation of the Town Public Works Facility. It is fortunate that the Town of Ithaca can boast about its fiscal successes but government would be remiss not to mention some less attractive fiscal consequences . Interest income on reserved and unreserved cash declined by 60% or $ 172 ,573 between 2001 and 2003 . New York State Employee Retirement costs rose from $34 ,903 in 2001 to $318 ,221 . This represents an increase of 117 % . Town health insurance expenses only rose by 4 . 3 % or $ 15 , 526 higher in 2003 than 2002 . Raw material and equipment costs to maintain and improve Town roads has steadily risen at an annual rate of 10% ($68 ,299) . While State assistance to the Town of Ithaca under the Consolidated Highway Improvement Programs has risen by a meager $ 8 , 851 since 2001 . Overall , it can be said that the Town of Ithaca is progressive and aggressive in many areas of budgeting and fiscal management . While no one can predict the fiscal and economic outcome for 2004 , it is a certainty that continued budgetary monitoring, careful spending of cash reserves accompanied by keeping a keen eye on expenditures is key to the continued fiscal strength that the Town has maintained over past years . Al Carvill , Town Budget Officer February 9 , 2004 Network/Record Specialist 2003 Year End Report Website New additions to website: Agricultural conservation easement program New Zoning Ordinance The Richard B . Fischer Environmental Conservation Recognition Award 2004 Budget New Public Works Facility page Improved search feature 306-degree view of Ithaca from Ithaca College's Tower Club Network Installed new Windows 2000 server at Town Hall • Increased file storage space • Is the " link" where Town Hall and Public Works networks converge . New Public Works Facility Network • High speed Time Warner Cable Road Runner Internet connection • Windows 2000 file and print server • Networked Xerox , HP Color printer and Color plotter • New Window 2000 workstations Established a Virtual Private Network (VPN ) • The VPN connects the Town Hall and Public Works Facility networks via the Internet through a secured encrypted tunnel . It was installed to enable staff to share resources and data between facilities as well as remote management and support for these two networks . System Development Group ( SDG ) Database Project • Interface which links staff designed Microsoft Access databases General client/server maintenance including antivirus and operating system updates Additional Items Records Management Day in February and October New cell phones for supervisors n Advisory Records Management Board member Expectations for 2004 Develop staff Intranet Continue to develop the VPN Complete Town Hall client migration from Windows NT to Window 2000 server "Brown Bag" lunch training for staff on various information technology projects . s ANNUAL REPORT OF ATTORNEY FOR THE TOWN February 9 , 2004 As many of you know, our office submits itemized bills for each quarter which set f6 th in great detail by date the work that is performed on a nearly daily basis by our office for the Town of Ithaca. However, it is possible that many of you do not have the opportunity to review those bills in depth so this report is an effort to provide you a synoptic view of some of the services that were performed and some of the matters considered by our office on behalf of the Town during 2003 . The following attempts to divide the work up topically, although there is inevitably some overlap since much of our work involves activities in multiple areas . Hopefully, it gives you all an idea of the extent of our involvement with the Town . Water Proiects : During the year 2003 the Town embarked on three major water projects that enabled the west side of the Town to be served by Bolton Point water. These projects were the 2003 West Hill Water Tank Improvement, the Bostwick Road Water Tank and Transmission Main Improvement, and the 2003 Coy Glen Pump Station and Water Main Improvement. Each of these projects involved preparation of all of the legal documents to authorize them. Those documents included, in each instance, an order to hold a public hearing, a public interest order and bonding resolution authorizing the project, an abstract of the public interest order for publication, certification that the order had been published and posted, certification as to no referendum being requested, and publication of an estoppel certificate if bonds were to be issued in connection with the project. Each of these documents needs to be tailored to the specific project and can only be adopted if conditions precedent have been melt. For example, before adopting an order authorizing a public hearing, an engineer' s report on the proposed project in the form required by the Town Law needs to be submitted to and filed with the Town Clerk . In general, in addition to drafting all of the foregoing documents, we assisted the Town in sheparding the processes through the various approvals that were necessary, assisted the Town Engineer in connection with some of the bidding documents and the bidding processes, assisted from time to time as appropriate in obtaining title to various easements and parcels of land on which various facilities related to the projects were to be located (some of which acquisition is still on-going), and from time to time assisted in negotiating on various other aspects of the projects. Among the parcels of land to be obtained were the property for the West Hill Water Tank which was obtained from EcoVillage after a prolonged series of negotiations, exchange of draft documents, and the like; the acquisition of the Bostwick Road Tank site from Mr. Young; and the acquisition of the Coy Glen Pump Station site also from Mr. 'Young (a process which is not yet completed) . To the credit of all of the Town officials and particularly the Town Engineer and his staff, the projects are nearing physical completion and Bolton Point water will soon. begin to flow all the way up West Hill . 1 Sale A Former Town Hall : During the course of the year the Option Agreement for the sale of the former Town Hall to Ithaca Towers, LLC, an entity affiliated with Cimenelli Development Company, was renewed on two occasions requiring drafting of renewal Option Agreements . The option was finally exercised in October. Thus we handled a closing for the Town resulting in the transfer of the former Town Hall property and receipt by the Town of the full consideration that had been negotiated for that sale. During the course of the year we also assisted the Town in obtaining the monies that had been escrowed under the original Option Agreement with Cornell (University by negotiating with Cornell to have those funds released. As a result of the sale, the Town received total sale proceeds of approximately $ 320,000 . Bonding Activities : . Under the direction of the Town Supervisor and with the Assistant of the Town Budget Officer, the Town bonded for several of its activities . In early January we assisted bond counsel in connection with a Bond Anticipation Note in the amount of $ 1 ,400,000 for the Public Works Facility renovations and expansion. In December, we provided the bonding services for the Town and converted $ 1 ,000,000 of the January Bond Anticipation Note into a $ 1 ,000,000 - 15 year Statutory Installment Note. Shortly after the first of this year (2004), again iith our assistance, approximately $ 80,000 of the Bond Anticipation Note was paid and the remaining $320,000 reissued as a Bond Anticipation Note for an additional year. The Statutory Installment Note required preparation of all of the documents required for bonding, including the actual Note itself, Arbitrage Certificates, Bond Certificates, Closing Certificates , a forth for the Internal Revenue Service, and most importantly required issuance by our office of an opinion that the bonds were validly authorized and were tax exempt. This opinion was issued in December. We are in the process of completing bonding work for the water projects which will consist of a $ 1 ,000,000 Statutory Installment Note and a $ 500,000 Bond Anticipation Note. Sewer Contract Matters : During the course of the year, the Town Supervisor, Deputy Town Supervisor, and Town Engineer were very actively involved in negotiating with the City of Ithaca and other municipalities for intermunicipal cooperation in the provision of sewer transmission and treatment facilities . Our office assisted the Town personnel on an as needed basis . This involved a number of conferences at which our advice was sought relative to various terms to be included in the various agreements . From time to time at the request of the Supervisor, we prepared draft language for submission on some of the agreements, and advised the negotiating officers with respect to various aspects of the documentation. Once the decision had been made to sign the agreements, we helped sheperd the approval of the documents through the necessary processes. Among the other items that caused some concern for the Town during the course of year was the handling of the Phosphorus Removal Project. Our office was involved, again, in overseeing the approval process for the Town. We also assisted the Town Supervisor in connection with the 2 I premature award of a contract by the City and the concerns that flowed from that action. Preparation of Local Laws and Ordinances : During the year 2003 we researched, discussed, drafted, revised, and certified to the Secretary of State on behalf of the Town a number of local laws and ordinances including local laws and ordinances on the following topics : (a) Re-zoning of David Auble property. (b) Increasing fees for marriage licenses . (c) Revising the fees for dog licenses . (d) Repealing the electrical code in the Town of Ithaca. (e) Repealing a local law requiring public notices of adoption of those local laws in the Town . (f) Revising the water rates in the Town. New Zoning Ordinance $ In conjunction with the Town Board, the Codes and Ordinances Committee, and Director of Planning, the Town ' s Zoning Ordinance was comprehensively revised and adopted in 2003 . We were involved in much of the work that led up to the adoption, including reviewing various . comments from the public and constituents regarding the proposed ordinance, meeting with various representatives including representatives from the New York State Agriculture and Markets Department and Cornell University regarding provisions of the new ordinance, drafting alternate or revised language as requested or directed by the Town Board or the Codes and Ordinances Committee, drafting the appropriate legislation to adopt the new zoning ordinance, and assisting in the overall completion of the project. As a result, the Town has its first comprehensively revised Zoning Ordinance in many years . However, the Zoning Ordinance even as revised is a living document and will continue to evolve . We continue to assist various Town officials in connection with evaluating and recommending changes to the ordinance requested by various people and in drafting the actual language for consideration by the Codes and Ordinance Committee and/or the Town Board, to implement those changes . Ferguson Agricultural Conservation Easement : In the early part of 2003 the Town completed its first purchase; of a conservation easement. In that connection we assisted in executing various documents, including the conservation easement itself which was prepared in 2002 , and in recording the documents to effect the actual transfer. 3 Fire Contract Negotiations : Again, under the direction of the Town Supervisor and with the assistance of the Deputy Supervisor, Councilman Klein, and the Town Budget Officer, the Town completed negotiations and execution of a new fire contract with the City of Ithaca. Our work included extensive reviewing and revising of the contract, attending several meetings with various municipal officers and attorneys to negotiate various aspects of the agreements, drafting revised language for the agreement and assisting the Town in conducting the appropriate processes to legally execute the agreement, which occurred in 2003 . We also assisted the Town Supervisor in connection with her negotiations with the City regarding the City' s breach of the Fire Contract after it was signed by failing to staff the Fire Department in accordance with the requirements of the contract. EcoVillage Easements : As a condition to the approval of the second EcoVillage neighborhood, the Town required certain easements for sewer access for the Town to the EcoVillage properties, as well as ordinary access and emergency access for all of the residents in EcoVillage. Continuing negotiations that have been on-going since 2002 , we have met on several occasions with Mr. Goodman, the EcoVillage attorney. During the course of the year we narrowed the issues , identified the actual entities from whom we needed to obtain easements, and in January of 2004 agreed substantially on the language to be contained in the easements . We anticipate that shortly those easement will be in a form that can be executed. Enforcement Proceedings : During 2003 we prosecuted several defendants for violations of either Town Laws or State Laws which were enforced by the Town. Among the matters prosecuted was a criminal complaint against a dog owner who allowed her dog to run loose on the South Hill Trail and severely injured another dog that was properly leashed and under the control of itsl owner. A second prosecution involved one for open burning violations which entailed fire department responses to the site of the fires . Codification Projects During 2003 we assisted the Town Clerk in reviewing the work of General Code Publishers in codifying all of the Town ' s laws, rules and regulations . That work resulted in the adoption of several of the local laws referred to above to clarify or remove discrepancies in the existing town body of legislation. This review is on-going with the expectation that the codification project will be completed in 2004 . 4 Other Miscellaneous Matter : During the course of 2003 we were involved in assisting the Town with a variety of other matters including review and sometimes drafting of other contracts, advice on various proceedings before the Town including subdivision, site plans, and re--zonings, and handling of internal matters such as personnel matters . Among those matters were the following : (a) Review of documents relating to Conifer takeover of Ellis Hollow Apartments . (b) Review of agreements relating to Ivar Jonson Project drainage issues . (c) Advice on personnel involving an employee drug use issue. (d) Review of documents and materials related to the third phase of Linderman Creek Project. (e) Review of materials on possible re-zoning for Cornell 'Remington Project along East Shore Drive. (f) Review of Country Club of Ithaca development and agreements regarding reduction of hazards from errant golf balls. (g) Advice regarding the handling of information supplied in connection with the Cayuga Medical Center Oncology Radiation Project. (h) Searching of title and preparation of documentation related to the Pew .Trail . (i) Reviewing and advising on the SPCA contract . (j ) Advising and drafting of materials related to Southern Cayuga Lake Intermunicipal Water Commission matters pertaining directly to the Town. (k) Appointment of Interim Town Justice. (1) Handling of building code issues with LaTourelle and 'the adjacent barn. (m) Advising on process and candidates for appointment as Interim Town Justice. (n) Drafting contracts with the Town of Ulysses for sale and transmission of water through Town facilities to Ulysses . General Advice to Supervisor and Deputy Supervisor: Over the course of the year, we were pleased to be in close contact with the Town Supervisor and Deputy Town Supervisor on a variety of matters . Many of the matters discussed above involved such contacts . In addition to those matters, we consulted with and/or advised the Town Supervisor and/or Deputy Town Supervisor on such matters as : (a) Handling of joint funds with the City. (b) Compliance by Cornell with the Lake Source Cooling Permit conditions . (c) Recreation Partnership Agreement General Advice to Staff: As with the Town Supervisor and Deputy Town Supervisor, we were privileged to be able to provide advice from time to time to various members of the Town staff on a variety of 5 0 engineering, planning, zoning, clerical, personnel, financial, and other matters . In addition to the matters referred to earlier in this report, other issues that we were consulted about included : (a) Freedom of Information Request issues . (b) Zoning Ordinance interpretations on a variety of matters related both to enforcement and construction of the statute . (c) Noise permits . (d) Street name changes . (e) State Environmental Quality Review Act matters. (f) Personnel issues related to job performance, retirement, etc . Town Board, Planning Board, and Zoning Board of Appeals : In addition to supplying advice and assistance to Town officials, we provided advice and assistance to the Town Board, the Planning Board, and the Zoning Board of Appeals on a variety . of matters . Many of those matters have been alluded to earlier and will not be repeated here . Additional matters not previously discussed include : (a) Policies regarding sidewalks . (b) Drafting of proposed resolutions for the Town Board on various matters . (c) Review and revision of proposed Town Board or Planning Board resolutions often to reflect additional information provided at the meeting. (d) Assistance in drafting of Zoning Board resolutions at Zoning Board meetings . (e) Review of various documents related to subdivision, site plan, special approval, or variance requests including documents required as a result of conditions imposed by the reviewing board in its approving resolution such as easements, deeds, restrictive covenants, etc . It is significant to note that during the course of the year in furtherance of the activities of the various boards it appears our office : Prepared for and attended approximately 14 Town Board meetings ; Prepared for and attended approximately 20 Planning Board meetings ; Prepared for and attended approximately 10 Zoning Board of Appeals meetings ; Prepared for and attended approximately 24 Supervisor' s Advisory Council meetings ; and Prepared for and attended approximately 9 Codes and Ordinances Committee meetings . These meetings are in addition to the various meetings we had with Town officials, staff, and various other persons and parties in connection with the advising, negotiation and handling of the various matters outlined earlier in this report. 6 Y t As was the case in the year 2002 , the Town accomplished a prodigious amount of work in 2003 . The fact that so much work was completed is an indication of the high quality of the wonderful group of talented and dedicated people that make up the entity that we know as the Town of Ithaca. We feel privileged and grateful to have been a part of that work effort . Thank you for that opportunity. John C . Barney Attorney for the Town 7 TOWN OF ITHACA Highway Department's Annual Report, 2003 In the year 2003, we experienced a shift in the types of work the Highway Department's employees do because of changing priorities . This is typical of the fluid nature of public works. We continually have to alter our planning to accommodate the whims of Mother Nature . This year there were at least two different ice storms, which produced damage to trees and branches throughout the Town. Thus, the crews worked more time in 2003 on Brush and Weeds (DB5140) to clean up fallen trees and damage . In 2003, there was significantly more snow than normal, particularly in January and December. We had a total of 92 .4 inches of snow. January's normal snowfall is recorded at 17.9 inches for the month—in 2003, the total snowfall for January was 30 inches . December was much the same with its average snowfall at 14 inches and we received 28 .3 inches . Other months were at least closer to the, averages . According to our work order records, water-related (F8340) work also increased . This was due partly to Highway employees' involvement in the inspections of several new water tanks and systems being constructed on the South and West Hills (Eco-Village water tank, Bostwick Road water tank / Stone Quarry Road transmission main, and Coy Glen Road water main and pump station) . During 2003 there were 27 water main breaks that needed immediate repair and follow up attention to landscape and blacktop restoration. There were six on East Hill, six on South Hill, six: on West Hill, and nine in the Northeast. This total is up six from last year's number of 21 water main breaks . Sewer-related (G8120) work also increased in 2003 . This is due partly to the fact that the Town is implementing its own periodic inspections and repairs of the pump stations, etc . There have been several pump stations that needed extensive repairs—Forest Home Drive # 1 being one of them . Also, additional attention to the Mitchell Street sewer was given due to grease problems at East Hill Plaza . According to our records, Machinery (DB5130) maintenance and repairs were up from 2002. This is due partly to an older fleet, but mostly because during the 2002 construction of the Public Works Facility little, if any, work could be done on vehicles to repair or maintenance them. We spent the greater part of this year getting our preventive maintenance schedule back on track. The Highway crews continued clearing snow from Town Hall, the commuter trails, and some parks in the winter . Parks (A7110) maintenance is also up due to more parks and trails to maintain. There was no site work done on the construction of th'e William and Hannah Pew Trail section of the East Ithaca Recreation Way due to possible changes in the plans . In February 2003, the Highway Administrative staff moved into the new Public Works Facility's offices . We continued to have small projects to work on in the building throughout the year . We had an Open House in August, complete with the Town's Supervisor "crashing" through one of the garage doors with a tractor . Because of the heavy snow and ice during the beginning of the year, the Highway Department was forced to change our paving plan somewhat. Instead of rebuilding Evergreen Lane, we needed to work on Compton Road, Forest Home Drive, and Chase Lane . (Evergreen Lane will be worked on in 2004) Along with these roads, we did complete scheduled work on Whitetail Drive, Marcy Court, and Dove Drive . We finished up work on Winthrop Drive to complete that part of the Town's storm water management work. We installed some drainage pipe on W . King Road and Chase Lane as part of our storm water management work. We utilized several temporary employees throughout all of the spring, summer, and into the fall brush pickup to help accomplish our work. We had a good mix of temps to augment our regular work crews. Basic safety training continued in October with a Defensive Driver course that included CDL drivers being evaluated by a certified training instructor . Other training included; personal protective equipment, blood born pathogens, lead, asbestos, the Town's CDL drivers drug and alcohol testing, and fire extinguisher training . Equipment and vehicle purchases made in 2003 included : two tow-behind trailers, one Bobcat skid-steer loader, one John Deere front mower, one New Holland, boom mower, and one Ford 4x4 pickup . Other purchases the Highway staff helped make were : a Jeep Liberty for Engineering and a Dodge Intrepid for Planning. i i 2003 TOTAL HOURS WORKED FOR HIGHWAY DEPARTMENT Regular OT Water 3,147.50 Water 598.75 Parks 6,867.50 Parks 357.50 Water Admin. 1,318.00 Water Admin. 0.00 Sewer Admin. 762.00 Sewer Admire. 0.00 Town Hall 1,043.50 Town Hall 80.50 Public Works 3,550.50 Public Works 56.50 General Repairs 14,621.00 General Repairs 56.50 Sewer 2,359.50 Sewer 171.50 Perm. Impv. 6,440.50 Perm. Impv. 50.50 Machinery 3,610.00 Machinery 51.50 Br. & Weeds 4,852.00 Br. &Weeds 53.50 Snow Removal 4,786.00 Snow Removal 2,590.75 2003 Work Hours for Highway Snow Removal 9% Parks Water Admin. 13% 2% Br.&Weeds Water Machinery ° 6% Sewer Admin. 9/° 1% 7% Town Hall 2% Perm.Impv. 12% Public Works Sewer General Repairs - ° 7% 4/° 28% 2002 Overtime for Highway 1 Water Admire. Water Parks 0'° 15% 9% Sewer Admin. 0% Town Hall 2% Public Works 1% General Repairs Snow Remova 1% 65% '�` Sewer 4% Br. &Weeds Machinery Perm. Impv. 1% 1% 1% General Repair regular hours includes all fringe hours off. 1/28/2004 O (D < D N W O 0 AD C O O g CD 7 CD CD :E CD 5' � CD D D CD CD CD 3 a- CL v OCan CD 0 -0 ? < v sv Cn r N N W W rP O Ul O Ul O Ul O U1 O 0 0 0 0 0 0 0 0 0 W CD 0 0 0 0 0 0 0 0 o Oo CO o 0 0 0 0 0 o Cfl Water W N N W P CIl CT V \o \° \° \° \o \o o \o O 0 0 0 0 0 0 O O Town Hall 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o O Water Pubic W N Works A v Cn -I Cn OD V O OR 0 -.,o -.,o -.,o 0 -o 0 -.,o o -.,o 0 Town Hall n General O Public Repairs — W N Works O N N O Cn CA (0 W 0) J. N Cn O O \ \ o o \ o \ \ o 0 0 o O o 0 0 0 0 0 0 0 0 0 0 o N General .l:� Sewer U) Repairs A� �• _ N N 0 O W N Cfl Cfl v N � Cb -I N CA O Sewer Perm. � � � � � � � � -o - � � O 0 o 0 0 o 0 0 0 0 0 0 o CO O Impv. P-h �D erm. 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