HomeMy WebLinkAboutTB Minutes 2004-03-08 REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY MARCH 8 , 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
5 . Persons to be Heard
6 , Town Supervisor' s State of the Town Address
7 . 6 : 15 p . m . — Public Hearing regarding Amendments to the Town of
Ithaca Traffic Ordinance to Provide for Stop and Yield Signs in the
Southwoods and Saponi Meadows Subdivisions , and Relocating a
Stop Sign from Birchwood Drive to Pinewood Drive
8 , Consider Adoption of Amendments to the Town of Ithaca Traffic
Ordinance to Provide for Stop and Yield Signs in the Southwoods and
Saponi Meadows Subdivisions , and Relocating a Stop Sign from
Birchwood Drive to Pinewood Drive
9 . 6 : 30 p . m . — Public Hearing regarding an Ordinance Regulating the Use
of Watercraft on Cayuga Lake in the Town of Ithaca
10 . SEQR — Regulating the Use of Watercraft on Cayuga Lake in the Town
of Ithaca
11 , Consider Adoption of Ordinance Regulating the Use of Watercraft on
Cayuga Lake in the Town of Ithaca
12 , Consider Setting a Public Hearing regarding Amendments to the Town
of Ithaca Traffic Ordinance Prohibiting Parking on Pennsylvania
Avenue
13 . Resolution of Appreciation for Raymond Bordoni
14 . Consider Appointment of Town Justice
15 . Consider Appointment of Local Advisory Board of Assessment Review
16 . Discussion of the Richard Fischer Award
17 . Consider Amending 2004 Water Fund and Debt Service Fund Budget
for Funding Requirements to Pay Serial Bond Interest
18 . Overview of West Hill Development and Transportation
19 . 7 : 00 p . m . - Continuation of Discussion Regarding Proposed Rezoning
for Sky Gardens Condominiums , Mecklenburg Road , and Possible
Referral to Planning Board for a Recommendation
20 . Consider Acceptance of Concept and Location of Proposed Dedication
of Town Park in Glenside Park Subdivision , Glenside Road and Five
Mile Drive
21 . State Comptroller' s Annual Report Complete and Received by Town
Clerk for Filing
22 , Consider Approval of Change Order for the Codification Project
23 , Consider Awarding Acceptance of Bid for Two Diesel Engine Driven
Portable Generator Sets
24 . Consider Approval of Specifications and Authorization to Solicit Bids
for Purchase of a Trailer Mounted Sewer Cleaner
25 . Consider Approval of the Drug Free Workplace Policy
26 , Consider Authorization to Sign Engagement Letter for Legal Services
for the Intermunicipal Sewer Committee
27 , Consent Agenda
a . Town Board Minutes
b . Town of Ithaca Abstract
c . Bolton Point Abstract
d . Attendance at Town Clerk' s Annual Conference
e . Representatives to the Personnel Committee
28 . 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
29 . Report of Town Officials
a . Town Clerk
b . Highway Superintendent
c . Director of Engineering
d . Director of Planning
e . Director of Building and Zoning
f . Budget Officer
g . Manager of Human Resources
h . Receiver of Taxes
i . Network/ Records Specialist
j . Attorney for the Town
30 . Review of Correspondence
a . Annual Report for the Tompkins County Board of Elections
b . Tompkins County Community Beautification Grants Application
from Cornell Cooperative Extension
c . 2/9/04 Periodic Report from Frank Proto , Tompkins County
Legislator
d . 2/7/04 Letter from the New York State Department of Health
Regarding Issuance of Same Sex Marriage Licenses
31 . Consider Executive Session regarding the Acquisition of Real Property
32 . Consider Adjournment
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 : ORDER FOR PUBLIC HEARING : In the Matter of
Authorizing the Increase in Costs of Providing a
Proposed Phosphorus Removal Project for the
Sewage Treatment Plant in the City of Ithaca
Serving the Town of Ithaca Pursuant to Article 12-
C of the Town Law
Location of Sign Board Used for Posting : Town Clerk' s Office
215 North Tioga Street
Ithaca , NY 14850
to of Posting : Tuesday, March 2 , 2004
to of Publication : Thursday, March 4, 2004
�- kuNai�
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 4th day of March 2004 .
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
No . 01 WH6052877
Tioga County
Commission Expires December 26
NOW, THEREFORE, IT IS
WHEREAS, the Town HEREBY ORDERED, by the
TOWN OF ITHACA Board of the Town of Ithaca Town Board of the Town of
NOTICE OF ADOPTION on April 8, 2002, author- Legals Ithaca, Tompkins County,
OF ORDER FOR ized, subject to a permissive New York, as follows:
PUBLIC HEARING referendum, the expenditure Section 1 . A public hear-
of up to $ 1 , 681 ,800.50, as ing will be held at 215
NOTICE IS HEREBY GIVEN the Town's shore of the joint- the increase in the overall North Tioga Street, in said
that at a meeting held on Iyy funded prolject cost of cost of the project, the Town, on the 15th day of
the 1 st day of March, $4, 1 15,000.00 for the con- Town's shore of such costs March, 2004,. , to at 7:00
2004, the Town Board of struction and equipping of would increase by o'clock P.M. , to consider the
the Town of Ithaca duly the Joint Sewage Treatment $431 , 898 .05 to a total cost proposed increase in the
adopted an order for a pub- Plant Phosphorus Removal of $2,250,000.00; and costs of providing said Joint
lic hearing, a copy of which Improvement Project at the WHEREAS, a supplement Sewage Treatment Plant
is set forth below: sewage treatment plant in to the plan, report and map Phosphorus Removal Im-
ORDER FOR the City of Ithaca managed prepared by Stearns and pprovement Project and to
PUBLIC HEARING Iointly with the Towns of Wheler, Professional Engi- hear all persons interested
IN THE MATTER OF All Ithaca and Dryden provid- neers, relating to the in- the subject thereof and
THORIZING THE INCREASE ing sewage treatment serv- crease in the cost of such concerning the same and i
IN COSTS OF PROVIDING ices for the Town-wide sew- improvement, has been duly take such action thereon as
A PROPOSED PHOSPHO er improvement; and prepared in such manner is required by law.
RUS REMOVAL PROJECT WHEREAS, thereafter on and in such detail as hereto- Section 2 . The Town Clerk
FOR THE SEWAGE TREAT- September 22, 2003, the fore has been determined of the Town of Ithaca,
MENT PLANT IN THE CITY Town Board authorized, by the Town Board of the Tompkins County, New
OF ITHACA SERVING THE again subject to a permis- Town of Ithaca, Tompkins York, is hereby authorized
TOWN OF ITHACA PUR- sive referendum, an in- County, New York, and has and directed to cause a
SUANT TO ARTICLE 12-C crease in the total project been filed in the office of copy of this order to be pub-
OF THE TOWN LAW. cost of $333 .500 and on the Town Clerk where it is lished once in The Ithaca
increase in the Town's share available for public inspec- Journal, and also to post a
At a Special Meeting of of $ 136,301 .45 as a result tion, and a further supple copy thereof on the Town
the Town Board of the Town of the receipt of bids in ment to such Stearns and signboard maintained by
of Ithaca, Tompkins County, amounts in excess of the Wheler report has been' sim- the Clerk, not less than ten
New York, held at 215 previously budgeted con- ilarly Prepared and filed by nor more than twenty days
North Tiogo Street, in struction costs; and Daniel Walker, Professional before the day designated
Ithaca, New York, on the WHEREAS, no referendum Engineer, setting forth fur- for the hearing as aforesaid,
1 st day of March, 2004, at was requested with respect Cher information pertaining all in accordance with the
3 : 15 o'clock P.M. Prevail- to either of said authorize- to such increase; and, provisions of Section 209-q
ing Time. Lions; and WHEREAS, the area of of the Town Law.
PRESENT: WHEREAS, after receipt of said Town determined to be Section 3 . This order shall
take effect immediately.
Supervisor the bids, the Town was un- benefited by said Joint
Catherine Valentino willing to contract for the Sewage Treatment Plant The question of the ado
Councilperson project until the State of Phosphorus Removal Im q er
Carolyn Grigorov New York provided ade- provement Project consists Noon of the foregoing order
Councilperson quote evidence of the funds of the entire area of said was upon motion of
William Lesser it was going to provide for Town excepting therefrom Councilperson Stein,
Councilperson the project, which evidence the area contained within seconded by Councilperson
Sandra Gittelman was not received until after the Village of Cayuga Grigorov, duly put to a vote
Councilperson the 45 day period in which Heights, and on a roll call, which resulted
Herbert Engman the bids needed to be ac- WHEREAS, it is now de- as follows:
Councilperson cepted; and sired to call a public hear- Supervisor Valentino
Peter Stein WHEREAS, the lowest re- ing for the purpose of con Voting Aye
ABSENT: Councilperson sponsible bidder is unwilling sidering said increase in Councilperson Grigorov
Will Burbank now to execute a contract at costs of providing the said Voting Aye
its bid price and it has be- Joint Sewage Treatment Councilperson lesser
come necessary to rebid the Plant Phosphorus Removal Votin� Aye
project; and Improvement Project, and Counci person Gittelman
WHEREAS, the Engineer- the execution of any related Voting Aye
in reports and estimates agreement, and to hear all Councilperson Engman
indicate there is a need to persons interested in the Voting Aye
further increase the overall subject thereof, all in ac- Councilperson Stein
project estimate by cordance with the provisions Voting Aye
$ 1 ,057,672 to a total cost of Section 209-1 of the The order was thereupon
of $5,506, 172 to cover an- Town Law :
ticipated additional costs declared duly adopted.
and contingencies resulting
from the re-bidding; and March 4, 2004
WHEREAS, as a result of
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 : PUBLIC HEARING : ON MARCH 8, 2004 AT 6 : 15
P . M . CONCERNING AMENDEMNTS TO THE TOWN
OF ITHACA TRAFFIC: ORDINANCE TO PROVIDE
FOR STOP AND YEILD SIGNS IN THE
SOUTHWOODS AND SAPONI MEADOWS
SUBDIVISIONS, AND TO APPROVE RELOCATION
A STOP SIGN FROM BIRCHWOOD DRIVE TO
PINEWOOD DRIVE
Location of Sign Board Used for Posting : Town Clerk 's Office
215 North Tioga Street
Ithaca , New York 141350
Date of Posting : THURSDAY , FEBRUARY 26 , 2004
Date of Publication : THURSDAY , FEBRUARY 26 , 2004
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 6,z day of fC , j1z i �'�, ' , 20041
Notary Public `-
LORI L. QUIGLEY
Notary Public, State of New York
No. 01 Q U 6012333
Qualified in Tompkins County
Commission Expires August 20, 20"C/;
NOTICE OF
PUBLIC HEARING
NOTICE 15 HEREBY GIVEN
that a public hearing will be
held before the Town Board
of the Town of Ithaca at
215 North Tiogo Street,
Ithaca, New York, on the
8th day of March 2004, at
6: 15 p. m. concerning
Amendments to the Town of
Ithaca Traffic Ordinance to
Provide for Stop and Yield
Signs in the Southwoods
and Saponi Meadows Sub.
divisions, and to Approve
Relocating a Stop Sign from
Birchwood Drive to
Pinewood Drive. At that
time the Town Board will
hear any persons in favor of
or opposed to said amend-
ment. Copies of the pro-
Posed amendment are
available for review at the
Town Clerk's Office, 215
North Tioga Street, Ithaca,
NY during regular office
hours, Monday through Fri-
day from 8:00 a. m. to 4:00
P.m.
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 the 48
hours prior to the time of the
public hearing .
Dated : February 25, 2004.
Tee-Ann Hunter
Town Clerk
February 26, 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 : PUBLIC HEARING : ON MARCH 8, 2004 AT 6 : 30
P . M. CONCERNING AN ORDINANCE
REGULATING THE USE OF WATERCRAFT ON
CAYUGA LAKE WITHIN 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 : THURSDAY , FEBRUARY 26 , 2004
to of Publication : THURSDAY , FEBRUARY 26 , 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 �j day of _ 2004 .
--�v� l X
No`fary Public
LORI L QUIGLEY
Notary Public, State of New York
No. 010U6012333
Oualified in Tompkins County
Commission Expires August 20, 2Q4
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
8th day of March 2004, at
6: 30 p.m . concerning an
Ordinance Regulating the
Use of Watercraft on
Cayuga Lake within the
Town of Ithaca. At that time
the Town Board will hear
any persons in favor of or
opposed to said ordinance. .
Copies of the proposed or-
dinance are available for
review at the Town Clerk's
Office, 215 North Tioga
Street, Ithaca, NY during
regular office hours, Mon-
day through Friday from
8 :00 a .m . to 4:00 p.m.
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 the 48
hours prior to the time of the
public hearing .
Dated: February 25, 2004,
Tee-Ann Hunter
Town Clerk
February 26, 2004
A
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TOWN OF ITHACA
TOWN BOARD
SIGN - IN SHEET
DATE : Monday , March 08 , 2004
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION
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ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, MARCH 8, 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: Fred T . Wilcox, III , 600 Warren Rd Apt 9-3E ; Dooley Kiefer , 629 Highland Rd ; Brent
Katzmann , 1335 Mecklenburg Rd ; Stacey Crawford , Better Housing for Tornpkins County; Fay Gougakis , 406
Utica St; Terrance McGuinness , 602 N Cayuga St; John Rancich , PO box 547 ; Ryan Sherry, 87 Griffin Rd ;
Katrina Thaler, Thaler & Thaler; Ota Ulc, 222 S Albany St; Paul Ballard , Interlaken ; Patrick Leahy , 527 Highland
Rd ; Abbe Lyons 154 West Haven Rd ; Jon Meigs , Conservation Board
CALL TO ORDER
Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of
Allegiance .
Supervisor Valentino — Okay. Some of the things that we do before Persons to be Heard aren't going to happen
tonight. I don't see . . . Dooley , is it your turn as County Rep? Okay . You ' re up .
Agenda Item No . 3 - Report of the Tompkins County Legislature
Dooley Kiefer, Tompkins County Legislature Representative — I notice the agenda still has us listed as the Board
of Representatives . I ' m sure you' ll change that to a Legislature . It has taken us a long time to get .used to the
new name . The Assessment Department had planned three , two- hour classes on the assessment process .
And they've been a phased approach mailing out assessment notices . The Town of Ithaca's and the Town of
Enfield's were the last to be mailed out . They were posed last Friday . I don't know if you 've gotten your
assessment notices yet .
Councilman Burbank — Oh , yes .
Ms . Kiefer — Okay . They just came so they are in your mind . Well , I ' m pleased to be able to say that they have
added one more of these process classes . It will be next Monday , the 15th , at Boces from 7 pm to 9 pm if you
have any residents or if you want to go and get a two-hour class on how the assessment process works . That is
your chance on the 15th . Then of course , as you know , there will be a number of informal hearing appointments
possible for Town of Ithaca people .
Mike Lane , the Chair of the Government Operations Committee of the County Legislature , has asked
assessment staff to present us with several alternatives to doing annual reassessment, which we have been
doing in recent years . I 'm on that committee and I 'd be happy to take back any comments from you all on that
and whether you think annual assessment is such a good idea that we should continue it or whether you think
we shouldn't. So before I leave this seat tonight I hope I get some feedback from you .
The other thing that is taking up a lot of our time and concern is what is going to happen with our jail . The
® Commission on Correction continues to hold firm that we should be designing a 160-bed jail . We had proposed
104 beds based on what our average population is over the most recent years and our fairly ambition
alternatives to incarceration programs , but I think that it is hard for the State Officials to believe that we are
serious about alternatives as we are . So there is something of a stalemate . I ' m not sure how that is going to
turn out.
The other thing I thought I would mention tonight is our consideration of a mortgage recording tax . I ' m sure you
are well aware that you already get money shared among towns , the villages and the city of half percent
mortgage recording tax that has been in place for a long time. There is another quarter percent that has been in
1
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
place a long time that goes directly to New York State . The County is the only entity that doesn't benefit from
the County Mortgage Tax at the moment . Since we included a certain amount of revenue from that in our
budget for 2004 , it is my strong belief that we should be applying to the State Legislature for authority to collect
that now . I am happy to take back any comments you have on that subject. I don't really have any breaking
news to report.
Councilwoman Grigorov — I just had a comment on the Mortgage Tax . I thought Mike Lane's letter was pretty
convincing in the paper. Mike Lane wrote a letter in the paper about how hard the Mortgage Tax is on first
homebuyers . So I thought that was pretty convincing and I was inclined to think it should not be increased and
stuff.
Ms . Kiefer — Well , it is already there for first time homebuyers , the three-quarter percent that is in place already.
Councilwoman Grigorov — I know that .
Ms . Kiefer — Yeah . And Mike Lane' s letter was less convincing . He speaks and writes well . As far as it went, I
don't think he elaborated on the fact that a lot of mortgages are refinancings and they are not all for struggling
first time homebuyers by any means .
Councilwoman Grigorov — I didn 't say they all were .
Ms. Kiefer — And , when you are a low-income person trying to buy your first home , there are other programs in
the County that really help you do that . So it wasn 't quite as . . . I ' m not as convinced as he is that it is a bad idea ,
but he is an attorney and he handles a lot real estate closings so I understand that its an important issue for him .
Thank you for your comment.
Supervisor Valentino — Peter?
Councilman Stein — Dooley, I was thinking about the annual assessment or reassessment and it strikes me as
probably an unnecessary expense from which people in general don't derive very much benefit. 1 just wonder
how much it costs . I mean the only think that really matters is how the ratio of your house is compared to
everybody else's and the amount of taxes that you pay depend on how much money is appropriated and then
the question is how does it get divided and the question is does it get divided fairly. I just wonder how much
money is spent in the process of annually reassessing .
Ms . Kiefer — Well , there would always some annual reassessment when there is a pocket of activity somewhere
in a neighborhood , a lot of sales . Our assessors would automatically scrutinize that pocket of activity and adjust
rates there even if it weren 't County wide annually assessed . I don 't have the figures . I don't have a budget
with me so I can 't tell you how much annual reassessment costs . Since we agreed with the State to go to this ,
for the last several years we have received money back from the State for doing annual reassessments and
doing such a good job as they nicely tell us . The reason that annual assessment is viewed as the fairest way is
that it keeps all the properties relationships with each other in line so that if you are assessed one year at the
peak , which is maybe where we are now , but it keeps going up . If you were assessed this year and then you
weren't reassessed again for three years or five years , if we went to a less than annual one, you would site
there up at that level and if prices happen to decline elsewhere , you would be penalized for that period of time or
on the other hand if you were assessed at a low point in the cycle , you would benefit for a number of years
unfairly versus people who were paying more recent prices for their homes .
Councilman Stein — There is always a cost benefit. The question is for that benefit it costs you something and I
have no idea how much this is , if they really have to go and look at the value of every house it must be a very
expensive process .
Ms . Kiefer — They do it using a formula that a State agrees on . They do a certain number of tests and a formula .
We have fewer people in the Assessment Department now than we used to when we did it less frequently .
Thank you . Do you want me to get the annual cost back to you ?
Councilman Stein — It is nothing I thought about before I raised the question . I am sort of interested as to how
much it costs to do that compared to doing it every three years .
2
ITHACA TOWN BOARD
MARCH I 8, 2004
APPROVED APRIL t2 , 2004
Ms. Kiefer — That is what the Government Operations Committee will be looking at. We will get alternatives
from the staff and how much it will cost . Someone will know better in another two months .
Councilman Stein — Thank you .
® Supervisor Valentino — Will , did you have a question?
Councilman Burbank — Dooley , like thousands of people in our community I was shocked when I get that letter.
Having already absorbed a very substantial increase last year to have almost twice as much this year. I was
wondering , and maybe you don 't know this , but do we have any sense of what the mean average increase was
community wide .
Ms . Kiefer — Oh : We were given that figure , but it is a tentative figure and it will change after people appeal , so I
didn't stick it up here , but let me see if I have anything about that.
Councilman Burbank — I realize this will very somewhat from neighborhood to neighborhood .
Ms . Kiefer — I ' m sorry, I don't have that number with me . I will get that.
Councilman Lesser — Dooley , I have been looking into the Rochester and Toronto . . . ( not audible) . . . it is
supposed to begin I believe April 30tH
Ms . Kiefer — The Ferry service . Yes .
Councilman Lesser — On their website , they list a few tourist attractions around Rochester and then refer just to
the Finger Lakes in general . I just wonder if this might not be an opportunity for the County Tourism Board to
get in some words about the wine trails and other things in Tompkins County .
Ms . Kiefer — Good idea . I ' m not at all sure that Rochester Metro Chamber of Commerce would want to
advertise Finger Lakes more than their local places , but I certainly think that is something our convention
Visitors Bureau would do .
Supervisor Valentino — I think our Chamber has been working with a link to Rochester and some of those tourist
thinks . I 've seen some notices of it somewhere and I thought it was interesting .
Ms . Kiefer — They try to package upstate , too .
Supervisor Valentino — I think that probably doing a yearly reassessment is the fairest way to treat people for the
reasons that you said . If you haven 't bought or sold your home in some other places where they don't do it,
homes really get out of whack and people aren't taxed fairly. I guess my concern is that the rate that we are
seeing right now is probably not a really realistic rate because it has gone up so high and the market is just so
tight right now that I don't know . . . It seems if there could be some kind of a balance for it not to move up quite
so steeply even if everybody is coming up evenly . I guess one of my concerns , when I was first Supervisor, our
assessed value in the Town I think for the three years it went down . The fourth year it leveled off. We were also
seeing a serious decline in our sales tax money in those years , so it is like a moving target. We certainly can't
sit back and say . . . from the point of budgeting ; these reassessments are going to help us in some areas in our
tax rates . Nor can we depend the way the sales tax has been going . For municipalities it becomes . . . we need
to put money aside for those dips that happen . . . those valleys and peaks so that we can be mindful that those
• things happen on a cycle . So that is really my concern and it is not really a reassessment thing that is kind of a
municipalities to be mindful of when they do budgets .
Can mortgage tax . . . although right now we are seeing a lot of people re-mortgaging their homes because the
mortgage rates have been so favorable over the last few years . Again , these are like trends . That is not going
to be the reality. In fact , it is beginning to slow up considerably now I believe because some of those rages have
been going up . So when you oh , well people doing re-mortgage , that is not going to be true very much longer I
don 't believe , so that's probably not the best argument in favor of increasing that mortgage tax I would think .
3
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
Ms . Kiefer — No , but we have data going back more than a decade about how the mortgage tax has brought in
dollars to you guys who get it . It has gone up and gone down and it's way up there now and we are sure it is
going to go down . And so . . . but what you look at is the lower range for the conservative estimate and that is sort
of what we did to put something in the budget for this year.
Supervisor Valentino — It is just something to think about.
Councilman Engman — I have a question on assessments . I wonder if the County has looked at the fact that in
our County there are a lot students and the turning . . . the turning over of homes and the 6 percent or 7 percent
that the real estate person gets if that artificially adds to the value of homes and thus increases the rate . Has
the County thought or talked about that at all?
Ms . Kiefer — Well , I think . . . we've certainly heard discussion of the investment in homes for student use by
families now . It is not that uncommon and to the extent that those families can afford to buy a home for their
students to live in while they are attending Ithaca College or Cornell and are willing to pay accordingly, it has to
affect the general market . But I don't think I 've heard discussion of the amount of increased activity that you are
postulating specifically affecting what our rates are .
Supervisor Valentino — Any other questions for Dooley? Thank you . Thank you very much , Dooley.
Agenda Item No . 4 — Report of Fire Commissioners
Supervisor Valentino — We are not going to be having a report from the Fire Commissioners tonight. They
apparently didn't have a meeting , so there is nothing new from what we heard last month . So I think in place of
that I ' ll move up the Town Supervisor's State of the Town Address into that slot and maybe save us a little time
later on .
Agenda Item No. 6 — Town Supervisor's State of the Town Address
Supervisor Valentino — So the Town is ending 2003 in sound financial condition . The General Townwide fund
closed with an 11 . 8 percent increase in fund balance over 2002 . Sales tax revenue exceeded our expectations
by about 13 percent and the Town received $315 , 000 for the sale of our former Town Hall . So we did have
some pleasant surprises as far as our funds go for 2004 .
But with it , 2004 brings many financial concerns for us to monitor . Our interest income is down as people
probably noticed in their own private lives . That has been a big revenue generator for us in the past. The New
York State and Local Employee Retirement costs rose from $34 , 903 in 2001 to now $318 ,221 in 2003 . That is
an 8-fold increase in what we have had to pay for retirement. The cost of health insurance has consistently
risen , although our staff has done a good job of keeping our rates below what we've been hearing other
municipalities are paying . Materials and equipment costs have increased by about 10 percent overall . State
assistance to Town Highway Improvements , we've gotten very small increases and they do not begin to cover
the increased cost that we find in providing good highway service. The Town Board also approved special
funding for the Sheriff' s Department to cover speed patrolling and monitoring and some enforcement in selected
areas of the Town , which the County has been unable to fund . So we picked up extra funding for the Sheriff' s
Department . Our fire protection contract cost keeps increasing .
The Town will continue to progressive and aggressive in budgeting and fiscal management with a goal to
provide needed services and quality of life programs for the residents of the Town hopefully without increasing
taxes .
The Town ' s secret of success that we have seen with our fund balances and keeping are taxes level is directly
related to our dedicated staff. I can't say enough about the staff that we have here . The partnership between
Town staff and our management continues to remain strong . Our good wages , benefits and mutual respect
helped us turn our top quality results on our many projects in a timely manner and if you look around us and
look at the list that you got from the Department Heads on the projects that they did in their annual report , I think
it is pretty amazing the amount that gets accomplished by such a small , small staff and so we really appreciate
what they do and hopefully we can be good employers and provide them with good benefits and good wages .
4
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
Somehow in the past year , is of course, the completion and renovation of our Public Works Facility. Our west
side of Town water project is almost complete . Completion of the revisions to the Zoning Ordinance , beginning
work on developing a Town Transportation Plan . First acquisition under the Town' s Purchase of Development
Rights and our Town Codification project, which you haven 't heard an awful lot about. The Codification project
has been for our staff and some of us a project that has taken a huge amount of time . Our Town Attorney, Tee-
Ann , that project bringing all our old laws and ordinances making sure that there is not contradictions , you know ,
we have gone through some stages here , I think mostly before you folks came on board of abolishing some of
the laws that are outdated , making sure that the laws that are there are consistent and put together in an orderly
fashion . So people will be able to access all our laws and ordinances in a very efficient way . It has been a huge
project for our staff to undertake .
The Highway Facility, which was over 20 years old , was in desperate need of fixing and expanding in order to
hold the equipment and provide a safer environment for the staff. It was sad , but we had very expensive
equipment sitting out in the elements , in the weather and not under cover and not under decent cover for the
staff there to do the maintenance and work that they had to do . That addition , I know that people who have
been out there that didn't see the old building , I think have a hard time getting a feel for how much was actually
added there, but it was 13 , 800 square feet of new space that was added to that facility . But we now call it our
Public Works Facility and it accommodates 27 staff that works on projects that include highways, parks , trails ,
and water and sewer maintenance . And again , to just go back , before I was Supervisor we really weren't
spending much of anything on parks or trails and mostly all of our water and sewer maintenance and the
buildings of new lines was contracted out either to the City or to private contractors . And we have been over
time taking all of that over with our Town staff and have found it to be extremely cost effective and efficient for
us to have trained staff that go in there and do that kind of work for us .
The west side of Town water project , which is almost complete , will connect Town residents in that area to
Bolton Point ( Southern Cayuga Lake Intermunicipal Water Commission ) . We always just call it Bolton Point
because it' s kind of its nickname . It' s easier to remember and deal with . This will improve water pressure and
fire protection . It will also be a very stable water supply, Cayuga Lake , until that runs dry. . .we will probably all
be moving all some place else . . . uh , to the new water system . By the beginning of 2005 , it will help to stabilize
the cost of providing water to our customers . The lower cost of supplying water from the Bolton Point facility , an
Intermunicipal cooperation with three towns and two villages, has proven to be cost effective for the past 20
years and once we get that connection over there in 2005 , our cost of purchasing water from Bolton Point as
one of the partners is much , much lower than the high rates that we were paying to the City. So we should see
a very efficient system and overtime a really substantial cost saving on that project. We also have a contract
with the Town of Ulysses to supply water to the Village of Jacksonville residents that have suffered from
contaminated wells for many years . I think people might be familiar with that and that will also bring in more
revenue to us and our partners at Bolton Point.
The Town Board approved the new Zoning Ordinance and we all had a big sigh of relief that we finally got
through that project . This project took the Codes and Ordinances Committee many years to complete and
greatly improves the current ordinance . One of the many projects for 2004 includes follow up work with the New
York State Department of Agricultural and Markets regarding the agricultural zoning concerns . Other Codes
and Ordinances Committee priorities include a Coy Glen Conservation Zone ., a Stream Buffer Ordinance ,
revisions of the Noise Ordinance and Environmental Review Law.
The Transportation Committee spent much of 2003 working on a draft Town Transportation Plan . The
Committee did a full townwide transportation survey; collected traffic counts on some of the Town roads . The
Committee will continue to prepare elements of a Townwide Transportation Plan over the next two years and I
think Bill might want to address some of this later when we are talking about some of the traffic concerns with
• Overlook. This committee is starting to put together , I think some very good information for all the safety
concerns of the whole Town including that West Hill area . So that committee has some very busy work ahead
of it this year.
The Town negotiated the purchase of the first agricultural conservation easement , our Purchase of
Development Rights that I mention a little earlier , which I think is a major break through and we are hopeful that
we can see some more farmers begin to buy into that plan in the future .
5
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
This spring we will be starting construction on the William and Hannah Pew Trail at East Ithaca , Pine Tree , and
Snyder Hill Road area . People should start asking Sandy and I quite a few questions about that project. We will
start seeing some activity on that pretty soon . I think, actually, we might be doing that closing within the next
two weeks .
Attorney Barney — Within the next two weeks , I ' m sure .
Supervisor Valentino — The land that we need there . As I mentioned before , the Town Clerk's Department has
been working on the Codification Project , which will clarify and remove any discrepancies in our existing Town
legislation as part of our Records Management Program . This project was designed to bring together all Town
laws and ordinances and the many amendments into one , user-friendly, electronically searchable volume . This
has been a large time consuming project , but will be well worth the time and energy and its not something that
you have heard a lot about , but it certainly is something that will take up a lot of time here with the staff.
Everybody has been involved with it at some level or another.
There are many new additions to the Town' s website and improvements to the network. We have installed the
new Windows 2000 server and have a computer link between Town Hall and Public Works Facility that will be
very time efficient I think. The staff keeps improving our computer development and training so that people can
learn to use the many amenities that technology keeps giving us .
Councilwoman Gittelman — Cathy, are we allowed to get into that system? Is there a way to get into the system
to read things about scheduling and things like that?
Supervisor Valentino — I think they are mostly on our website .
Councilwoman Gittelman — I can just . . .
Supervisor Valentino — Go to our website and access the different links .
The list is long and includes many accomplishments and projects . I haven't even mentioned such as park and
open space development, our stormwater management, our integrated water systems , and sewer agreements
and of course, the phosphorus removal improvement for the sewer plant to protect Cayuga Lake , a huge
environmental project that needs to be done .
I have only touched on a few of the many projects that the Town staff and myself worked on , on a daily basis .
Everyday, all of us at Town Hall and the Public Works Facility find ourselves in interesting projects and involved
in problem solving for the residents of the Town . We hope that you find us easy to contact and work with ,
because that in the end is our highest priority . Thank you .
Questions about my statement? I think this next year is going to be also very interesting , maybe not so many
big , costly projects , but as you can see the work plan for all of our departments for the next year is pretty full and
pretty extensive .
Agenda Item No. 5 — Persons to be Heard
Supervisor Valentino — Okay . It is 6 : 00 . Are there persons to be heard here tonight? Are you and Carol going
to up? I don't think there is anybody else here. Did you lose her? Okay. Stacy Crawford is here to talk
about . . . I think everyone here knows that up on East Hill we have an elderly housing project, Ellis Hollow
Housing that has last year applied for rehab to a building that is getting really out of date and needs substantial
work , new work , air conditioning , a sprinkler system , which always worries me with the folks . They put in for
some tax credits for rehab. They were turned down last year on it, but they have come back again with a new
proposal to try to get into the system for that much needed project this year. So with that , Stacy, do you want to
say some more things about that?
Stacy Crawford , Better Housing of Tompkins County — Sure . The Ellis Hollow Apartment project was one that
we were really excited about and really had hoped to get funding . Its one of the few facilities around that I know
of in Town that is a 2-story building for seniors and has no elevator . So that was another thing that was going to
be done and a lot of other types of really great upgrades . It would also add 4 more apartments , a substantial
6
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 'l2 , 2004
community area and private space for things like computers and visiting space for doctors and things like that
and more enhanced services for the seniors there . The project scored pretty well . The thing is it was scored
against other projects like it, which is renovation of an existing facility rather than new construction . A lot of the
funding for that project got sort of taken up by another project that got all of it down state . It was weight listed in
case the State had more money. The State didn 't have more money so we prepared a new application with
• Conifer Realty, the owner, for submission in a few weeks . We've been to the State and we think it has a really
great chance of scoring well and getting funding this time . For the application last year, we had received a
resolution from the Town supporting Conifer' s application and also supporting the concept of a new pilot
agreement related to the apartments . My understanding is there has been one there for quite some time and it
was just kind of an acknowledgement that it would be permissible to extend the pilot because it is being still kept
for low income seniors .
Supervisor Valentino — It is not on the agenda , but agenda item number 33 and I think you all received packets
that have the old letter of support that went out under my signature plus the old resolution on the pilot project.
What they are asking of us is , and we can talk about this more later but Stacy is here now in case you have
some specific questions for her, what they are asking from us is to redo that letter , sending it to another person
who needs it and to recommit ourselves to the pilot project. I had asked Tee-Ann earlier today because we
were unclear if we really needed to do a new resolution about the pilot project. So I am still looking into that. So
if we need to do one , we have one ready to go . If we don't based on , and I ' ll guess we' ll ask our Attorney John
Barney to help us with that a little bit.
Oh , you must be Carol . Do you want to state your name and who you are for the record?
Carol Oster , Conifer Realty — I represent Ellis Hollow Apartments .
Attorney Barney — Carol , could you spell your last name?
Ms . Oster — O-S-T-E- R .
Attorney Barney — Thanks .
Supervisor Valentino — Carol and I have talked on the phone several times , but this is the first tirne we've
actually seen each other . So , welcome to Town Hall . So we just walked through the scenario . It will be an
agenda item for us at the end of our agenda today to . . . for me to get, hopefully, the go-ahead from the Town
Board to do a letter endorsing the project and doing another resolution for the pilot if we need it . So we 've got
one ready. You need to have this before the 22nd.
Ms . Oster — Yes . Actually that is a Monday and we were hopeful to have the a few business dates prior. A
week from this Thursday would be ideal .
Supervisor Valentino — A week from this Thursday would be ideal? Okay , the 18�h . Do people have any
questions about that project? Herb?
Councilman Engman — I do . As I remember reading the material , it sounded like when applying for the
rehabilitation monies , you lose the Section 8 support for the residents there? Does the rehabilitation monies
inject new support then to keep the low-income possibilities . I didn't quite understand how that happens if you
lose Section 8 .
Ms . Oster — Yes . We will be terminating the Section 8 contract . It is up for renewal anyways . We do have the
option to extend it , however, the rents under the Section 8 are low . They are $411 dollars . That does not
support enough funds to . . . we are applying for tax credit money and a conventional mortgage . Our current
• development plan shows a scenario of increasing the rents to $529 . That is . . . what will happen is HUD will
terminate the contract. All the current residents who are income eligible will receive a voucher, a HUD voucher.
So their rent , their payment won't change . It is just the mechanism of how the full rent gets paid . So that tenant
is then able to take their HUD voucher and move elsewhere should they choose .
Councilman Engman — Okay . Let me make sure I understand that. If they remain in the facility, they will then
have to pay more?
7
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
Ms . Oster — No .
Councilman Engman — No?
Ms . Oster — No . They still have subsidy. It just converts from a project- based subsidy to a tenant-based
subsidy. So really, in affect , it is very nice for them . They could choose to take it elsewhere .
Supervisor Valentino — Sandy?
Councilwoman Gittelman — I just wanted to know if that is true also for new people coming in .
Ms . Oster — New people who come in will apply right at our office . We will give preference to individuals on
public housing waiting list. So if they have applied for a Section 8 voucher, I also . . . we have a memorandum of
understanding with the Tompkins Community Action Group and they know that they are giving preference to
applicants for those people on their list . They, too , have a preference for seniors . I believe they have two
preferences, seniors one .
Ms . Crawford — Another nice thing we talked about with Community Action is they agreed that they would come
to Ellis Hollow to help people complete all the paperwork involved with their Section 8 programming . It was sort
of a nice plus because it can be kind of daunting for them to do that. So we have been talking to Community
Action about the best ways possible to make sure as much subsidy as possible stays involved with the people
that will be living in Ellis .
Supervisor Valentino — Any other questions? As I said , this will be an agenda item for us , number 33 . It came
up at the end of the day and we want to try to if we are going to approve it get it done in a timely way so they
can get their letter and recommendation . Any other questions? Bill? .
Councilman Lesser — It really is more of a statement . I just hope you are more successful this year with your
application for the funding for renovations .
Attorney Barney — Cathy, may I ask some questions?
Supervisor Valentino — Sure .
Attorney Barney — In the . . . is the contemplation that the pilot program or pilot agreement will be substantially in
the same terms as they are now . You are not talking about changing the terms at all .
Ms . Crawford — No .
Attorney Barney — The second thing is I didn 't quite understand that the seal you are giving on the rents right
now is under a specific contract relating to Ellis Hollow , but if you go to a tenant base , that is still a Section 8
subsidy , but they allow a higher rent for the apartment?
Ms . Oster — Yes . It is the fair market rent that is sent by Tompkins Community Action . It is currently for one
bedroom , $529 .
Attorney Barney — So that would affect the subsidy that the tenant would receive would increase and . . .
Ms . Oster — Their out of pocket payment doesn't change . They pay 30 percent.
Attorney Barney — Lets say they are paying $300 now on a $420 unit and that goes up to $540 that additional
$ 120 would be reflected in the voucher so they would still continue to pay the $300 , but the project would
receive more for the rent.
Ms . Oster — Yes and that would be used to pay for the debt service , to pay for the renovations .
Supervisor Valentino — My mom used to live there quite a few years ago and it included pretty much all her
utilities except for cable and telephone . So their heat and everything else is included in that , right?
8
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004.
Ms . Oster - That will continue . Yes .
Supervisor Valentino - So that is including those basic utilities .
Ms. Oster - Yes . We are projecting our rents at 66 percent of market rent. I think your market street rent is
$804 and we are ate $529 .
Supervisor Valentino - Okay. Any other questions? Thank you very much . Thank you again for all the work
that you folks do on behalf of people in our community. I know you told me today how much you love to come to
Ithaca . We hope to see you here more often . Thanks , Stacey.
Agenda Item No . 12 - Consider Setting a Public Hearing regarding Amendments to the Town of Ithaca
Traffic Ordinance Prohibiting Parking on Pennsylvania Avenue
TB RESOLUTION 2004=038: SETTING A PUBLIC HEARING REGARDING AMENDMENTS TO THE
TRAFFIC ORDINANCE PROHIBITING PARKING ON PENNSYLVANIA AVENUE
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, April 12, 2004 at 6: 15 p. m. regarding amendments to the Town of Ithaca
Traffic Ordinance Prohibiting Parking on Pennsylvania Avenue; 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: Councilwoman Grigorov
SECONDED: Councilman Stein
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 . 7 - 6 : 15 p . m . PUBLIC HEARING Regarding Amendments; to the Town of Ithaca Traffic
Ordinance to Provide for Stop and Yield Signs in the Southwoods and Saponi Meadow Subdivisions,
and Relocate a Stop Sign from Birchwood Drive to Pinewood Drive
Supervisor Valentino - This has been posted and published?
Ms . Hunter - Yes , it has .
Supervisor Valentino - Is there anybody here to speak to this? Okay , I will close the public hearing and bring it
back to the board . We have talked about this at the Public Works Committee and I think this comes up as a
recommendation from Public Works so are they any questions that board members have about providing these
signs we are locating ? Okay .
Agenda Item No. 8 - Consider Adoption of Amendments to the Town of Ithaca Traffic Ordinance to
® Provide for Stop and Yield Signs in the Southwoods and Saponi Meadows Subdivisions , and Relocating
a Stop Sign from Birchwood Drive to Pinewood Drive (Attachment #1 - Amendment to Traffic
Ordinance)
TB RESOLUTION NUMBER 2004-039: ADOPTING AN ORDINANCE AMENDING THE ORDINANCE
REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA TO PROVIDE FOR INSTALLATION OF
STOP SIGNS IN THE SOUTHWOODS AND SAPONI MEADOWS SUBDIVISIONS AND RELOCATING A
STOP SIGN FROM BIRCHWOOD DRIVE TO PINEWOOD DRIVE
9
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 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 March 8, 2004, at 6: 15 p. m. to hear all interested parties on a proposed ordinance
amending the Town 's Traffic Ordinance to provide for installation of stop signs in the Southwoods and Saponi
Meadows subdivisions and relocating a stop sign from Birchwood Drive to Pinewood Drive; 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 ordinance, 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 would be a Type 11 action as defined in
NYCRR section 617. 5(c)(16) and accordingly is not subject to review under SEQRA and could be processed
without further regard to SEQRA,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said ordinance entitled "ORDINANCE
AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA TO
PROVIDE FOR INSTALLATION OF STOP SIGNS IN THE SOUTHWOODS AND SAPONI MEADOWS
SUBDIVISIONS AND RELOCATING A STOP SIGN FROM BIRCHWOOD DRIVE TO PINEWOOD DRIVE, " a
copy of which is attached hereto and made a part of this resolution; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said ordinance in the Town 's
Ordinance Book and to publish a copy or abstract of such Ordinance in the Ithaca Journal, all as required by
law.
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 . 13 - Resolution of Appreciation for Raymond Bordoni
Supervisor Valentino - Okay . So we have a resolution in recognition of Raymond Bordoni's years of service to
the community.
Supervisor Valentino read the resolution of appreciation aloud to the board and audience.
Supervisor Valentino - Thank you very much , Ray. As you can see . . .
Applause.
Raymond Bordoni , Town Justice — I really came tonight to congratulate the new judge appointee . I have since
found out that that person . . . chosen person may not be here tonight . But aside from that, I thank you all very
much . Serving my community has been an honor and a privilege and I 've always tried to do it to the best of my
ability. A long the way I had a lot of help dealing with the City and State government and then back to Town
government. In each case , no matter where I worked I . . . it's not so much that I loved the jobs as much as I
loved a lot of the people . In City Hall , in my jobs there I just had a lot of really nice , wonderful people to work
with and very supportive and very helpful to me . In State government working for Governor Cuomo and his staff
was a tremendous experience and a wonderful opportunity. And again , another place to meet a lot of really
good , dedicated people . Then I came back to town and went to work for the Town of Ithaca and you have a
wonderful staff, very professional . Certainly the Town of Ithaca benefits by their expertise . We have always had
10
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
great councilman because they have been selected and appointed to these jobs and went to an awful lot to
obtain these positions and usually the people that we've had have been people that were interested in the
community, provided for the community , and had the best interest in their heart. So I kind of feel privileged to be
amongst that group of people and to serve in a town such as Ithaca that has been so successful and well run
and I ' m proud to be part of it and I ' m glad that I had that opportunity to serve. Arid for that, I thank all of 1you and
® 1 thank the people and the citizens of the Town of Ithaca . Thank you very much .
Applause.
Supervisor Valentino —Ray , we are going to get it mounted and have all of our signatures on it so he gets it as a
nice remembrance from his years of service at the Town and I would just like to say about Ray, it is hand to find
a nicer person for me to know and have be a part of your life as Ray Bordoni . That man gives more inspiration
to people to be upbeat and keep doing things and working for the community than almost anyone that I 've every
known . He is just one of the sweetest people you could ever meet in your whole life . So we are going to miss
him .
TB RESOLUTION NO, 2004-040: Recognition of Raymond Bordoni's Years of Service to the Communi
WHEREAS, Raymond Bordoni was appointed Town Justice by the Town Board on May 8, 1995 to fill a vacated
position and was then elected as Town Justice beginning on January 1 , 1996 and served the Town of Ithaca
most admirably until his retirement April 1 , 2004; and
WHEREAS, Raymond Bordoni with his honesty, high ethical standards and dedication to the community, fairly
and equitably carried out the duties of Town Justice; and
WHEREAS, the Town of Ithaca has greatly benefited from Mr. Bordoni's considerable experience in state and
local government, which include City of Ithaca Alderman, City of Ithaca Mayor, Town of Ithaca Councilman,
volunteer firelighter, New York State Department of State Regional Representative and New York State
Department of Economic Development Defense Diversification Specialist; and
WHEREAS, the Town of Ithaca is indebted to Mr. Bordoni for his invaluable contributions, and his exemplary
and dedicated service of over eight years as Town Justice;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and
its citizens, expresses its sincere appreciation and gratitude to Raymond Bordoni for his distinguished,
dedicated and productive service to our community.
MOVED: Councilwoman Grigorov
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.
Agenda Item No . 14 — Consider Appointment of Town Justice
Supervisor Valentino — The resolution in front of you has an error in it . The third whereas where it says the
Town Board has reviewed of applicants , it was actually a committee appointed by the Supervisor , which was
Herb , Peter and myself with the interviews of the candidates . This resolution shows our recommendation for the
® interim Town Justice is David Klein . So would one of the members of the committee like to move that?
TB RESOLUTION NO, 2004=041 : Appointment of David Klein as Interim Town Justice
WHEREAS, a vacancy exists in the Office of Town Justice in the Town of Ithaca, County of Tompkins,
because of the retirement of Honorable Raymond Bordoni, Town Justice, effective March 31 , 2004; and
11
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
WHEREAS, pursuant to the power vested in the Town Board by Section 64, Subdivision 5 of the Town
Law, the Town Board desires to appoint an individual to fill the vacancy created by Justice Bordoni's retirement
to serve as Town Justice through December 31 , 2004; and
WHEREAS, a committee appointed by the Town Supervisor has reviewed a number of applicants for
the position, and has made a recommendation as to the person that is to be appointed; now therefore be it
RESOLVED, that the Town Board does hereby appoint David Klein, a duly qualified resident of the
Town of Ithaca, to fill the vacancy existing in the Office of Town Justice. Such appointment is effective upon
said individual filing the required certificate from the Chief Administrator of the Court. Said person shall hold
office April 1, 2004 until December 31, 2004,
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.
Supervisor Valentino — It is amazing . How long has David left? December 31St . That's great.
Councilman Lesser — Is that until the next election ?
Supervisor Valentino — Yes . He will have to run for election in November, right Judy?
Mrs . Drake — Yes . He' ll be going through . . .
Supervisor Valentino — He's gotta go through training .
Agenda Item No . 15 — Consider Appointment of Local Advisory Board of Assessment Review
Supervisor Valentino — Who would love to volunteer for this?
Councilwoman Grigorov — Who hasn 't done it for a while or ever?
Supervisor Valentino — I did it last year .
Councilman Stein — What does this mean?
Councilman Burbank - It is a wonderful assignment.
Councilwoman Grigorov — I bet it will pretty interesting this year. Everybody will be coming in .
Councilman Burbank — You will have a chance to meet a lot of your community .
Supervisor Valentino — What happens is people that have more or less filled out a grievance against what their
assessment is this year, come in and go through a review process . The staff from the County Assessment
come over and helps out with it and shows the comparables and how they got to where they got to with your
assessment . And so you sit down and go through that. There will probably be more people this year. I think
last year it was about 3 hours or so we got through it all . There was a lot of reassessment , but a lot of people
had already gotten them reviewed and taken care of before they got to us . So you sit down and you listen to
them talk about why they think the assessment was unfair and then the County Assessment person shows them
how they reached that and on what basis . You sort of listen and help them walk through it to make sure that
they get a good hearing about it.
Councilwoman Grigorov — The point is there may be something that you feel the assessment should . . _ you may
think the person has a point .
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Councilman Burbank — We don't have the power to change the assessments , but we do have the power to
make a recommendation to be considered .
Councilman Lesser — It is the County Assessment Review Board that makes the final decision .
• Councilwoman Grigorov — You are along with someone from the County Board .
Supervisor Valentino — I think last year we recommended maybe a couple of them . The other ones we talked it
through with the people and they realized why it stayed the way it did . I think they actually did take our
recommendations and lower a couple of them .
Councilwoman Gittelman — Is this an on-going committee?
Supervisor Valentino — No. Its once a year.
Councilwoman Grigorov — Then next year you don 't have to do it again .
Supervisor Valentino — If you do it this year , we don't make you do it next year hopefully . I did last year.
Councilman Stein — Jury Duty .
Supervisor Valentino — What do we need? Three people?
Mrs . Hunter — Two people , then you have a County rep and then the assessment people .
Supervisor Valentino — So who would like to volunteer?
Councilman Stein — When is this for?
Supervisor Valentino — It is in May sometime .
Mrs . Hunter — It will be the week of the 10th of May . It is usually starts in the afternoon .
Supervisor Valentino — Its usually over by 6 : 00 p . m . or so .
Councilman Engman — How is it handled if one of the members decides to challenge his or her assessment?
Councilwoman Grigorov — You probably wouldn't want to volunteer then .
Councilman Engman — So if you don't know that at this point , its best not to .
Councilman Lesser — It is not necessary to go through this step . It can go directly to the appeals with the
Assessment Board .
Councilwoman Grigorov — Actually , these are people who have already gone through that.
Councilman Stein — Well , the silence is overwhelming here . I 'd be happy to do it except that I don't know
whether I could conceivably have my final exam given on May 10th . That is the period of final exams .
• Supervisor Valentino — Well , why don' t we get a couple of people . . .
Councilman Stein — I ' m willing to do it if. . .
Mrs . Hunter — It would be the 10th that would not be a good day for you?
Councilman Stein — I don 't know what the exam schedule is .
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Supervisor Valentino — Sandy will be a substitute for Peter and Bill is willing to do it .
Mrs . Hunter — Thank you , Bill .
Attorney Barney — I was going to say if your assessment is subject to dispute , you can I think disqualify yourself •
from discussing your own assessment , but that doesn 't necessarily preclude you from being there for anybody
else's assessment.
Supervisor Valentino — All right. So we've got those done .
TB RESOLUTION NO. 2004-042: Appointments to Local Advisory Board of Assessment Review
WHEREAS, the Town of Ithaca Local Advisory Board of Assessment Review will hold their review
proceedings on Thursday, May 13, 2004 from 3:00 p. m. to 6:00 p. m. , at the Ithaca Town Hall, 215 North Tioga
Street, Ithaca, New York; and
WHEREAS, it is necessary that the Town Board of the Town of Ithaca appoint two representatives to
attend the said proceedings; now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca hereby appoints Bill Lesser and Peter Stein to serve
on the Local Advisory Board of Assessment Review; and, be it further
RESOLVED, the Town Board of the Town of Ithaca appoints Sandra Gittelman to serve as alternate
representative; and, be it further
RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy_ of this
resolution to the Tompkins County Assessment Department.
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.
Agenda Item No . 9 — 6 : 30 p . m . PUBLIC HEARING Regarding an Ordinance Regulating the Use of
Watercraft on Cayuga Lake in the Town of Ithaca (Attachment #2 — proposed legislation)
Supervisor Valentino — It is time to open the public hearing regarding an Ordinance Regulating the Use of
Watercraft on Cayuga Lake in the Town of Ithaca . This has been posted and published?
Mrs . Hunter — Yes , ma ' am . It has .
Supervisor Valentino — Okay I will open the public hearing . Who is here who would like to speak to this
ordinance?
Terrace McGuinness , City of Ithaca — I serve with Cathy and a couple other members on the County
Legislature 's Planning Committees subcommittee that is part of the Water Resources Council Committee
Advisory regarding the watercraft law . Does that make sense?
The points that I wanted to make regarding the proposed legislation , I think one of the problems with is that the
current New York State Law is that within 100 feet of any shore , dock, pier, float or anchored boat , all watercraft
have to go 5 miles per hour. Currently as it is , that is not enforced . So I think just adding to that is just going to
make another law that is unenforceable . Another problem with the proposed regulation and I just want to clarify,
are there going to be personal watercraft hours of operation similar to Lansing 's ? I think one of the problems
there that I was just thinking about , according to the law , local municipalities can regulate up to 1500 feet from
shore and beyond that in Cayuga Lake since it is dredged by the US Army Corps of Engineers . It is definitely
regulated . If I wanted to get out to that center portion of the lake , which is open for everybody , would this law
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prevent me from getting out there at an earlier time since the local law would keep me on the shore , but I want
to get out where I am free to use my watercraft.
Supervisor Valentino — The limit says you can 't be on the lake before 10 a . m .
• Mr. McGuiness - So if I wanted to go out there at 7 : 30 in the morning or 8 in the morning before the local law
would allow me to , would that prevent me , would that infringe up on my right to be out in the center portion of
the lake . That is the part I was questioning .
Attorney Barney — In a word , the answer would be yes . But Terry , doesn't State law regulate those as well
between sunrise and sunset.
Mr. McGuiness — Yes because personal watercraft have no lights on them so they can only be out there
between sunrise and sunset.
Attorney Barney — This local law regulates from a half an hour after sunrise and a half and hour before sunset.
So this shortens the period that you can operate them but only be an hour a day, a half an hour at each end of
the day.
Mr. McGuiness — I was wondering because I wasn't sure . I was just going . . .
Supervisor Valentino — Its 10 isn't it?
Councilman Lesser — Its 10 , John .
Attorney Barney — Oh , I beg your pardon . Its 10 a . m .
Mr. McGuiness — So it is similar to Lansing' s . Okay that is what I wanted to make sure. The third point here is
setting the speed limits , which is a great idea and like I said going out to 1500 feet is the purgative of local
municipalities , but I think one of the affects that it could have, an unintended affect, is that if all the municipalities
all along the shore regulate the speed out to 1500 feet then you are going to leave a very narrow portion of that
lake wide open because that can't be regulated . So that could force those faster watercraft out there in the
center and if there is where personal watercraft are going to go to do their jumping or whatever . . .
The currently , the current law as of 2004 all personal watercraft operators have to take a New York State
approved motor safety course and that is only for the operators of the personal watercraft. It does not apply to
any other watercraft operators. So I think the municipalities around here going to the state and asking them to
require that all watercraft operators take that motor safety course , I think educating the operators of all
watercraft go a long way in making the lake safer and making some of these proposed laws that are going to be
unenforceable unneeded I think . I don't know if anyone is going to address these other issues , but it seems like
the reaction to personal watercraft and I ' m a personal watercraft owner that is how I got involved with the Water
Resources Council 's subcommittee work here was I read in the paper a year ago that there was talk of banning
personal watercraft from the lake . My wife and I just spend a lot of money to get a personal watercraft because
we didn't want to haul a boat around and we didn 't want to have to store it. Personal watercrafts are easier to
maintain and they have the same functions of the boat for the most part. I saw in the paper that the possible
ban meant that we just paid all this money and gave the County all our sales tax money and we might not be
able to use it in our backyard and that got me a little upset. Then when I looked at the proposed regulations that
the subcommittee at that point had drafted , it was pretty biased against watercraft and not up to date at all . So
my role in joining that and I was invited to join after bringing up some of these problems to the water council was
that the information was out of date and all I wanted to do was just bring updated information so that whatever
• decision is being made , it was being made with correct information . I am pleased that I got the opportunity to do
that.
But I think one of the problems with this , even though it is not directed at personal watercraft the wording any
more it is at all watercraft, but I know that the initial reaction when people here of personal watercraft on the lake
they think of noise and how loud they are . It is just that knee-jerking emotional reaction that they just hate them
without really understanding the facts behind them . So I was going to try to defend personal watercraft as best I
could . And so New York State Navigation Law Section 45 limits the engine noise that watercraft can make to
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APPROVED APRIL 12 , 2004
82 decibels and that is since 1991 . So all engines made after 1991 have to be quieter than 82 decibels . That is
about a household vacuum cleaner roughly . That is the noise level . The personal watercraft industry has
reduced the engine noise levels up ; they have met that requirement and then some . They have reduced sound
levels up to 70 percent since 1998 . The current law going 100 feet from shore , the decibel level and this is in
our report here , our recommendations that we made to the Water Resources Council , if you are 100 feet from
shore the noise level is between 67 and 85 decibels and if you go 165 feet out it drops down to about 65
decibels .
So pushing the idea here , pushing the watercraft further and further out and again I understand that there are
other reasons for doing it, but the noise reason , with the newer watercraft it doesn 't really matter and as an
example , one of the Water Resource Council members was out at Cayuga Lake last 4`h of July and my
watercraft is a 2003 . It has a direct fuel injection , two-stroke engine, which is very clean burning and very, very
quiet. I was buzzing around right in front of her cottage about 100 feet off the shore and she didn 't even hear
me . Her back was turned to me and she didn 't even notice that I was there . Some older boats came by, open
bullock fishing boats and they were loud and they were about 300 feet from shore . They were very loud . Just
the point that I want to make there is that the personal watercraft, I don 't think they are as noisy as people make
them out to be . I think it is because people tend to use them closer to shore and stay by there because they are
using them in ways maybe to show off to their friends what they can do on it. That is someone's behavior. It is
not the craft itself. It is personal behavior. So that is why, again I think getting people to take the boaters safety
course and making people aware, especially the personal watercraft users , make them aware that the behavior
is what people don't like . The watercraft themselves are very sound environmentally than they used to be .
They are quieter than they used to be and if we want to talk about the environmental in Cayuga Lake , the
problem out in the lake are two-stroke engines , the old conventional two-stroke engines that aren't as clean
burning and they are louder. But the newer engines and New York State has requirements in place as of 2006
that engines have to burn their fuel more efficiently and they also have to be quieter now . All personal
watercraft since 200 have met those requirements and by 2025 , the EPA and New York State want all those
older two-stroke marine engines off all waterways . So the personal watercraft industry has met those
requirements . So they are cleaner burning , they are quieter and Governor McRumney and his family used a
couple of them to save the lives of some people off the coast of Massachusetts last summer, so they are being
used . Also , on our lake , the Department of Environmental Conservation also uses personal watercraft to patrol
the lake as well . They've been demonized , but they are not that bad. So that is the point that I wanted to make .
Thank you .
Supervisor Valentino — Thank you very much .
Councilman Stein - I have a question for you . I don 't have the map with me that came with the report of the
committee, but it was my impression , I am referring to your comment about pushing all these watercraft into a
narrow band of the lake and it is my impression looking at the map in there that the greater volume of the lake
was the part of it that was more than 1500 feet from the shore . Am I mistaken about that?
Mr. McGuinness - This is what you are referring to . This is the map .
Councilman Stein - If that map is drawn to scale , than you ' re really not pushing the watercraft into a narrow
section of the lake .
Mr. McGuinness — But it would be a narrower section , so up to that shaded area is the 1500 feet . I still think if
you had some of the those faster , and not the cigar bullets that have v-8 engines in them and they can open
those throttles up , if you get one or two of those out there and again if you want to get and if you have a couple
of sailboats going across especially in the southern end of the lake where there are a lot of sailboats there ,
trying to get them out of the way . . . I wouldn 't feel comfortable about the room to maneuver. I understand the
desire to have speed limits on the lake . I ' m not against speed limits on the lake ; I just think if you , especially the
southern end the way the land configuration is I just think there are going to be places there that might be too
narrow for safe maneuvering .
Supervisor Valentino — Will , did you have your hand up?
Councilman Burbank — I did . Mr . McGuinness , I really appreciate you taking the time to come down and state
what is not the most popular view , but you stated it very eloquently. I wish that somebody such as yourself been
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represented with the kind of people that I have encountered with these machines because as you pointed out
frequently it is exactly having to do with behavior and very aggressive insensitive behavior on part of users . You
mentioned that there was a phase out of the present noisy and very polluting machines . When did you say the
State was going to say be 2008?
• Mr. McGuinness — 2006 .
Councilman Burbank — What mechanism will they use to deal with these?
Mr. McGuinness — I can look in here very quickly. Is it all right if I just read the paragraph here?
Councilman Burbank - I ' m sorry, if it's in the report I missed it.
Mr . McGuinness — Its on Page 12 of the report here and it just stated from what the report stated and the
research done , it just states here that New York has become the first east coast state to follow California' s lead
and impose regulations stricter than those imposed by the Federal Government in 1996 , and I ' m sorry it is 2008
that that is going to be done by , two stroke engines of the past emitted 75 percent more harmful matter than
they do today. However, New York State Law starting the 2006 model year requires that two stroke engines
reduce their deleterious emissions by 20 percent with another 45 percent by 2008 .
Councilman Burbank — That is talking about sales of new things as opposed to existing stock.
Mr . McGuinness — They are not going to retrofit or anything like that, but this was brought up in our
subcommittee meetings and what we discovered was that the average life of a motor boat is about 25 years . So
most people hold on to their boats for 25 years . The average life a personal watercraft is about 10 years
because I think it was about 350 hours a year they could handle so after 10 years those personal watercraft
would be off the water. So that means that by the end of the decade there will be a significant turnover of those
older in those conventional two stroke marine engines off the lake and putting the new ones on the lake . A point
that my wife keeps bringing up, she said if it makes it harder for us to put our personal watercraft on the lake or
someplace , then we are just going to go out and get a big. polluting boat and that is not what the desired affect of
these regulations are . But you can see her point , if we can 't use our personal watercraft in our backyard .
Again , I know that is not how the regulations are worded at all , but it is just the reaction by me a year ago when I
saw that personal watercraft were just getting beat up left and right. I frequently go to Taughannock Park to put
my watercraft in there and when I do see other users behave in ways that aren't helping the rest of us , I do go
speak to them and what I found out is that almost all of them aren 't from Tompkins County . They are coming in
from somewhere else because I was trying to inform them about the proposed legislation and what was going
on and seeing if they could come out and support us , but they are coming from somewhere else so the County
or the municipalities would have to do a good job of informing people when they put their watercraft in the water,
what the new rues and regulations are , otherwise there is going to be a lot of violations and a lot of unhappy
people and that wouldn't be good for tourism in our nice little County here .
Supervisor Valentino — Cali , did you have a question?
Councilwoman Grigorov — I just wondered if anybody knows what the proportion of old to new personal
watercraft on the lake .
Mr. McGuinness — The council tried to address that but is was hard to get exact figures . They were trying to go
by registrations , but that table ended up getting . . .
• Councilwoman Grigorov — Its not known .
Mr . McGuinness — That got thrown out because . . .
Supervisor Valentino — Yeah , the numbers that we had were not good enough to use .
Mr . McGuinness — We spend a lot of time at the northern part of the lake and when we are looking out there , it is
fairly empty . We don't see a lot of personal watercraft out there . We see far more boats than we do anything
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APPROVED APRIL 12 , 2004
else , especially . fishing boats . As for the southern end of the lake , again I don't see that many personal
watercrafts out there , not in any huge number. There is no armada out there that I ' m aware of.
Supervisor Valentino - Any other questions? Thank you .
Mr. McGuinness - Thank you . •
Supervisor Valentino - Anyone else to speak to the watercraft ordinance? Sir?
Rich Casnetti - I 've just relocated back here to the Ithaca area . I own three watercrafts. I just found out about
this meeting today.
Supervisor Valentino — What's your address? Where do you live?
Mr. Casnetti — I presently live in Ithaca as of 2 weeks from tomorrow . I just heard about this meeting today on
the radio . I just wanted to voice that I believe Terry mentioned is actually true . He took all the words out of my
mouth . Hopefully it was an eye opener for everybody that watercrafts have a bad name . We are out there to
have fun just like the boaters rather than being downtown with our families , we'd rather be at the lake having a
good time enjoying ourselves . I need more notice about these meetings so I can bring some more people in .
Who knows about it? I know about it , but I have many more jet skiers out there, watercraft owners to be here to
voice their opinions such as he did so perfectly. I just wanted to voice my opinion . That is about it. Thank you .
Supervisor Valentino — Thank you . Ma ' am?
Abby Lions , West Hill - I ' m glad to hear that the engines are being improved and the noise is being improved ,
but i am still concerned about the behavior and I think that the Town Board should take that into consideration .
That is why I would be in favor of speed limits .
Supervisor Valentino - Fay, did you want to say something?
Ms . Kiefer - I guess I picked the right night to come to your meeting . I guess I have more questions than
comments about the draft. Just right in the definitions of the draft law , the lake is defined as including all the
streams that are tributary to it and that kind of surprised me. Is there a simple explanation of why the lake is
defined that way?
Supervisor Valentino - Excuse me ? Where is that?
Ms . Kiefer - Section 4 of your draft law , Cayuga Lake shall mean the whole of Cayuga Lake to its high water
mark, all subsurface lands , all streams , creeks , rivers , canals , inlets and other water ways connected there to ,
where navigatable or not .
Councilwoman Grigorov - High water mark is the key thing .
Councilman Engman - It was borrowed from the Lansing law so that is where we took it . And I think the
approach for the definition I think the State of New York has in its marine law, isn't it?
Attorney Barney - As a practical matter, I ' m trying to envision the Town of Ithaca where there are any tributaries
that basically boats would be in and I can't think of any .
Ms . Kiefer - Well , I was just startled as I was reading the law and when I asked about that it doesn 't seem like a
natural . . .
Supervisor Valentino - Doug McClelland helped draft the law for Lansing is way in the back. Doug , can you
enlighten us ?
Mr. McClelland - Comments not audible.
Supervisor Valentino - Okay, that' s where it comes from .
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Ms . Kiefer — I guess I didn't remember seeing it . I thought I had looked at navigation law .
Supervisor Valentino — I remember seeing it , but I don't remember where .
• Ms . Kiefer — Then I have another question . I guess I should start by saying I ' m glad to see that you have
extended the slower speed limit out to 500 feet. That seems very appropriate and consistent with what the
Water Resources Council recommended , that is in section 7 . But also in section 7 , an exception is made for
water skiers and I understand that that' s an important enjoyment for a number of people , but it made me think
again about how reasonable it would be to ask that water skiers head for the deeper water when they take off
instead of paralleling shore and I don't know whether you all talked about that or not, but its possible . Some
watercraft regulation laws have language that talks about taking off perpendicular from the shoreline . Now, we
all know that the shorelines are crooked but the idea is straight out into the deeper waters . I didn't know if that
had been considered , but I wanted to suggest that it might be appropriate to .
There are two different drafts that I picked up this morning .
Supervisor Valentino — We have four actually now .
Ms . Kiefer — Gee , I asked for whatever there was . So one of them has a section that is specific about noise ,
Section 10 on one draft and it wasn't clear to me what was intended by that. Whether it meant the boat motor
as you are standing on the boat or the boat motor as it passes you 10 feet away or boat noise if you are on land .
So I don't know how to comment on that section because I didn't understand what it meant .
Supervisor Valentino — In one of the other versions that was taken out, and I think basically because there is not
real definition of how to deal with that or to regulate it and I think that it is something that the Town Board needs
to talk about tonight when we get to that, but one of the things when we changed it to out to 500 feet, from
different people that I 've talked with , it seems that there' s quite a few that feel that once you lowered that speed
limit out to . . . a lot of noise is going to be pretty much reduced anyway and to have this section in here when
there is really no way to figure it out or know how to enforce it is questionable myself, but that is something for
the Town Board to debate .
Ms . Kiefer — Well , if you 've looked at the Water Resources Council Report , you will notice that one of the
appendixes has language from Lake George' s regs and they go beyond state navigation law requiring mufflers
that actually muffle and don't have cutouts . And I don't know whether that is something that you would want to
consider adding . It is really something that should be done Countywide and not in a municipal law , probably.
But noise is a real problem and I agree it is absolutely correct. One of the reasons that I am glad that you went
out to 500 feet, 10 miles per hour because it will help reduce the noise on land tremendously from the boats
themselves . I was going to suggest if you do include something like section 10 of the draft that I have that I just
be for it to the noise being measured at the shoreline because that' s where the complaints would come from . In
section 12 or 11 depending on which draft I am looking at, this is the one about the effective date . It says April
1 " or 10 days after publication , whichever is later and I wondered why you wouldn't want it whichever is earlier
because the idea is to get it in place as soon as possible .
Attorney Barney — The reason is that I think the intention was to have it in place by April 15f , but you have to
publish it and even if you wanted to have it in place by April 1st , if the publication didn't occur until after April 1st
the effective date would be the date of publication .
Ms . Kiefer — Okay, I understand then . Thanks , John . I ' m sorry to magnify all these little noises . I was reading
the minutes of your last meeting in which there were quite a few pages of discussion of this ordinance and there
was something in there , it was on Page 9 1 remember, and Mr. McGuinness was speaking and I don't know
whether his words were taken down correctly or whether he spoke . The impression was given of something ,
which I don't think is accurate so I just wanted to mention that, although it is not specifically in your draft
ordinance . The statement had to do with the fact that this is a federal . . . the center of the lake is federally
controlled so no one , no municipality can control what happens out there and in fact that is why you can't ban jet
skis if you wanted to . My understanding is that yes , it is federal jurisdiction out there , but if the County were to
want to ask for home rule law . It could as many other jurisdictions have done , affect the entire width of the lake .
It wouldn 't have to stop at 1500 feet and it is theoretically possible to ban jet skis from a portion of the lake that
19
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APPROVED APRIL 12 , 2004
entire portion of the lake that is within the County. I am not suggesting that is what we would do , but I just
wanted to make it clear that it is possible . It is not absolutely . . .
Supervisor Valentino — It would take special legislation . . .
Ms . Kiefer — As any . . .
Supervisor Valentino — I think that is what happened at Lake George . They had to get a special district . . .
Ms . Kiefer — Yes . There are a number of lakes that have this special legislation .
Supervisor Valentino — And we don't have that here .
Ms . Kiefer — Towns can 't do that, but a county could . So I ' m glad you have improved the law , I think by the
changes you have made from the Lansing draft. I ' m glad you are acting expeditiously . I still think and hope that
the County will get together with the other counties around the lake and have something uniform for the whole
lake , but that is not going to happen this year. Thanks .
Supervisor Valentino — Thank you . Faye?
Faye Gougakis , 406 Utica Street — This is a very emotional topic for me . I was the one that brought this issue
before the County Board and made it an issue in our area . I feel very strongly about it. I ' m happy to see that it
is being discussed and it's taken to the level where it has , but I ' m not happy. I ' m not happy and I ' ll tell you why .
I think jet skis are obnoxious . I think the majority of people who ride them are disrespectful , they don 't care .
You hear that from many, many people . I have approached jet skiers myself last year at Taughannock and the
person told me that I could go someone , very disrespectful . I was at Taughannock for 3 hours and for 3 hours I
saw several jet skiers changing partners like different people would get on and they circle and circle and circle .
And as the woman before me said , the behavior is the problem with this instrument, with this vehicle. It is not
like a boat where you get on the boat and you take off. This instrument goes round , and round , and round , and
round . Okay? It is very fast. It is dangerous to boaters out on the lake. Okay?
Let me take you here . The reason that I wanted to be last is because I wanted to also hear what other people
have to say . Number one , the gentleman who I guess is now on the Water Resource Committee, I guess or
subcommittee . . .
Supervisor Valentino — Subcommittee .
Ms . Gougakis — I very clever that he got on that . I don't have the time right now to be on that committee ,
although I would love to be . I know from someone from the Board of Reps who told me to speak with another
individual on the Water Resources Committee who is very concerned and sympathizes with issues that I have .
Okay? So I felt that it was very biased for this other gentleman to sit here and speak for a long time and I have
to digest his feelings about me or others being anti-jet skiers . It is not a matter of being anti-jet skiers . I went to
Wells College , okay? He mentioned how the northern part of the lake doesn't have a lot of jet skiers . I bet you
people value quiet. When I went to Wells College it was beautiful up there . One jet skier, two , five jet skiers
especially if somebody wants to get up right before even the sun gets up . You know you have to . . . this is not a
black or white issue in a sense where you are passing a law now thinking you are solving the problem. You are
not solving the problem because the law that Lansing passed is very, very weak and everybody is trying to
mimic Lansing . I went before the County Board , I went before the City of Ithaca , and I came here . I said don 't
follows Lansing' s position because that is where most of the jet skiers are , so they are favoring tourism . They
are not favoring the safety of the lake and the noise issue . They are basically passing this very weak law.
My other thought is , from the very beginning I wanted them ban and I will stand firm with that and I believe that
we can ban jet skis off of Cayuga Lake . The reason it is not happening is because the will is not there . I believe
in my heart that it can be done and aside from the noise , there is the safety issue because I love to swim . The
more vehicles you have on the lake , the more dangerous it becomes . Jet skis are also dangerous to waterfowl ;
I mean that' s not talked about . There are a lot of issues with jet skis .
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ITHACA TOWN BOARD
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APPROVED APRIL 12 , 2004
Let me say this to you . What really shocks me and I kind of feel bad because I ' m sort of stepping on my own
toes here , what really amazes me is that being an activist and living here for so many years and seeing the
amount of environmental activism and concern that you have an issue like this and virtually there is nobody
here . There is only like one more person who brought the concern of jet skis . It saddens me because every
single person that I have spoke to , especially people that live on the lake and told me that they are horrified .
• Now let me tell you another thing . I am poor . I don't have a boat. The first gentleman said , well he paid to buy
a jet ski . Well , I ' m sorry. I want to go sit by my lake whether it is the park or whichever park I ' m at, okay , and I
want to sit there and relax . I am not going to be victimized by these machines . Okay, you ' re going to say, well
yeah , boats are noisy, too . But how much are you going to add to the lake when you look at what a jet ski does
versus the boat. It has a lot more problems associated with it. Now, the gentleman says they are going to come
out with new ones. Well , let me tell you this . You have to test . . .first of all these new ones are coming out slowly
and everybody has the olds , the people that have the jet skis . I think it is a very mute point to say we are going
to wait 10 year or we' re going to wait 20 years . The problem is now .
And the other thing is, when you talk about testing noise level , you have to go out there and test it. You can't
just say have somebody come here from the industry because I ' ll tell you right now they' re mobilized . They are
mobilized . They will come here in droves to tell you I want my jet ski and I want it on Cayuga Lake. We also
heard that a lot of people are coming from out of town , which is another issue , which goes into the issue of
tourism . Yes , I support to tourism , but respectful tourism that is why we have ec:otourism in other places around
the world . Why is there ecotourism? Because regular tourism has just trampled over the natural environment.
We see this on the news . We see how the beautiful parks that we have , Yellowstone out west. There is an
abundance of people going there and there are issues over use. So we look at Ithaca , oh wow its pristine and
we have our lake, but if we let our guard down it is going to get 100 times worse . And to me the Jet Ski is just
the beginning of that . You let the Jet Ski in ; something else is going to come up . It is like the cell phone . I think
the cell phone has destroyed peace and quiet.
Supervisor Valentino — Lets stick to jet skis and watercraft.
Ms. Gougakis — No , no . You have to understand . I know what I ' m talking about here . Okay? I 've been with
this issue for a long time and what I ' m doing here tonight, I know I ' m bouncing around , but I ' m bouncing around
because I want to give you examples to every thing that has been said . I want to give you the other side . How
are we going to monitor these things? It is very hard to go after every jet skier that is violating out there . We
don't have enough enforcement, okay. That is why for me banning them is the best solution because you are
not going to spend any more money trying to enforce it because you don't have the people power to do that right
now . You don't have the money. There is a problem on so many fronts, waterfowl , pollution , noise , and safety.
Like I said , as a swimmer, it is really scary to have these things zipping by plus the boats , plus the motorboats ,
plus the sailboats , okay .
And you know , this again in terms of the banning issue is that, you know , other municipalities have banned
these , other lakes around the country. Okay? I ' m not going to sit here and tell you who did and you know
cause I try to tackle a lot of things in my life and I ' m not focused solely on this issue and give you all the
statistics .
Supervisor Valentino — We are aware of some of the places that they have been banned and the legislation ,
Faye , so you don 't have to try to tell us .
Ms . Gougakis — So , what I ' m saying here is . . .
® Supervisor Valentino — You know that what you are saying is correct .
Ms . Gougakis — What I ' m saying is that we can do it. So what is keeping us from doing it is special interest .
Because last year, and I ' m going up there for St. Patrick's Day with my friends to have brunch at Sheldrake
Point , and when we took a walk down by the lake there at Sheldrake Point, I bumped into a middle aged couple
and we were talking about this and they said oh yeah , it's the jet ski and everybody in this area just can 't stand
them , but people feel powerless . People feel like there is nothing that you can do if they are there and they are
going to be there and they see the weakness of the legislature . I mean Lansing's law it pitiful that is why I ' m
here tonight . I ' m here tonight to say don't follow suit . We have to be tough . Do I not sympathize with
21
i
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
somebody's entertainment? Yeah , but you know what , lets look at the college students who like to pee on
people's grass and keep people up . I mean they are out in droves saying I want to have fun . I mean there is a
certain level of respect, okay . I have not encountered a jet skier, okay, that I feel good about and when I sit at
Stewart Park , I can hear that instrument far , far away . Forget about it being even close to me , but far away and
I have said this to every meeting , to the County Board , I ' m sure I 've said it here before , you know. And 1 feel
passionate about this because I feel victimized as someone who wants to enjoy the lake , okay, and I can't do it.
Now , you know , I don 't know where the other gentleman lived , but I don 't have the luxury to have a house on the
lake or maybe want to take my Jet Ski and Jet Ski in front of the lake . I have to go to a park to enjoy the lake ,
okay . So I am not going to have jet skiers , you know like five or six of them hanging around Taughannock Park
and I hear from other legislatures , too , that that is a problem up at Taughannock so I am not hallucinating this
issue .
Councilman Burbank — Faye , I think you have made a strong statement of your feelings. My concern is that
unfortunately if we go much longer we are not going to be able to . . .
Ms . Gougakis — But let me say something else , Will . I am the kind of person , I believe in turning over every
stone . I sat here and I heard that other gentleman go on for a very long time and I am willing offended because I
did not like what he said tonight , okay. And I am sitting here trying to defend the people for whatever reason is
not here tonight and they should be and I see how money works . The people that sell these things. The people
that are coming from out of town thinking they can take Cayuga Lake for a ride . Nobody is going to take
Cayuga Lake for a ride , okay. I am going to be here to defend Cayuga Lake and defend future generations that
want to enjoy Cayuga Lake because like I said before there are other people that have banned these things
from their lakes because they appreciate peace and quiet. Okay, lets go up in the northern part of the lake and
find out why there isn't that many jet skiers in the northern part of Cayuga Lake . You know, if you did a survey I
bet you people will tell you we want some peace and quiet and why are most of the jet skiers out at Lansing . So
you have to take this , the whole picture of this and I ' m not trying to step on anybody's rights , but just like with
smoking you draw the line . You draw the line and this instrument has a lot of negative attached to it. And I will
end with this . There is an environmentalist in Ithaca that I think very highly. I will not say who that person is and
that person said to me , you know it is unfortunate that we have boats on the lake and I know that will upset a lot
of boaters and I 'm not saying there shouldn 't be boats on the lake , but you have to draw the line. It will be
chaos out there , just like when that person said I want to take my . . . you are asking me to take it in the middle
part of the lake and there is not that much room . Well , that is the point because there isn't enough room for all
these things out on the lake . There just isn't and you have to have the practicality of it. So, I want them banned
and I will keep saying that because I think that is the best solution and I know that is going to offend and bother
some people , but I am looking at the best interest for the majority and that is the majority. Not the few that want
to come and have their joyride and maybe there is a few responsible jet skiers , but for the most part they are not
responsible and a lot of them are from out of town . And damn if they are going to come into this County and
practice that kind of behavior like the students thinking they can come into the City of Ithaca and do what they
are doing . It's just not going to happen .
And I will end by saying you have to take a tough stand . You have to have the courage to say we are going to
do something about and really do something about it.
Supervisor Valentino — Okay . Thank you very much , Faye .
Ms . Gougakis — Thank you .
Supervisor Valentino — Faye has worked on this issue for a long , long time and as everybody can tell she is very
passionate and very concerned . Thank you , Faye. Thank you very much for your comments. Is there anyone
else who wants to speak to the Jet Ski law? Okay . I am going to close the public hearing and bring it back to
the Town Board .
Councilman Lesser — I think we have a 7 : 00 public hearing to . . .
Supervisor Valentino — No . That 's not a public hearing . It's just a discussion . So I don 't know if we can get
through this . John , do you want to explain why we have four drafts .
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ITHACA TOWN BOARD
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APPROVED APRIL 12 , 2004
Attorney Barney — I can try . The first two are really identical with the exception that the second draft does not
include the noise limitation . The third and fourth drafts substantively have what the first two drafts have , but
some additions to it. For example the law of drafts one and two didn 't define the specialty prop craft or regulate
those . Those are really another form of, their not jet skis properly, but they are a personal watercraft so I
thought I would give you the possibility if you wanted to include those in the regulation , I would do it so the draft
• 3 adds the definition of specialty prop craft . . . as vehicles or boats to be regulated the same way as personal
watercraft. The term vessel was used in and out of the law and it is actually a defined term under the New York
State navigation law and it seemed appropriate you ought to make clear that you are talking about vessels as
defined in that law . Then the other items become subsets of the current vessels , personal watercraft.
It was reorganized a little bit to throw all the definitions into one section rather than having five or six sections .
Supervisor Valentino — That seems efficient and a good idea to me .
Attorney Barney — I ' m trying to think what other changes . . . ) think I outlined them pretty completely in my note to
you . The difference between three and four is again that in one there is the sound limitation and in the other
there is not.
Supervisor Valentino — Do people understand that part of it? Sandy?
Councilwoman Gittelman — Is the specialty prop craft a 2-stroke engine?
Attorney Barney — No . . . in fact I 'd almost have to defer to this gentleman down here , but it is another form of
personal watercraft. The personal watercraft is defined as one that uses basically a get kind of action to propel
it , but there are other ways of propelling them also using more traditional motors as a sort but they still run up to
a pretty high speed . My understanding is , here I don't pretend to be an expert in this area , but they are also or
at least have been somewhat noisy . So the reason for including them and I might add the State Navigation Law
does purport to authorized regulation in both of these almost virtually in the same section . So going through this
and preparing for discussing this tonight and looking at the draft that Herb was kind enough to provide to us , I
thought maybe you would want to add that.
Supervisor Valentino — Herb?
Councilman Engman — I think the additions are excellent from the Town Attorney . These were just definitions
that were not thought of before so I would certainly support the addition and if it is time to move a version of
it . . . then draft 3 be adopted .
Councilman Lesser — Second .
Supervisor Valentino — Discussion? I would like to discuss that because my preference would be draft 4 for the
reasons of. . . are really an inability to regulate in any effective way the noise . I think once we move the distance
out to 500 feet that that considerably change that element of too much noise close to shore . And the other
reason that I would prefer 4 is because I know form experience once you have a regulation in place that you
cannot enforce , that our public gets very, very upset with us because they immediately say why aren't you doing
something about the noise level and the decibels and I think we have gone through this with our other noise
ordinance to some extent and some of the other things . We just went through cleaning up with our codification
all the things that we can't enforce and they are outdated and like that. So for the time being , I would like to
strongly urge us not include that part at this time in the ordinance . Sandy?
Councilwoman Gittelman — I was actually quite taken with his comment about having the water skis take off
perpendicular to the land so that it is clear that they are not to go along the shore . It is just adding one word to
Section 2 .
Supervisor Valentino — Let's see . I ' m looking at the draft 4 .
Councilwoman Gittelman — Yes , I am too .
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APPROVED APRIL 12, 2004
Attorney Barney — This is clearly a policy question and I don 't have any great expertise in this area , but I 'm
wondering if there wouldn't be water conditions that might govern the direction in which you take off. With a
boat or a sailboat. . . you don't, I think , want to take off right directly into the waves . You might want to take along
parallel . I don't again know . I ' m not a water skier. The one time I tried I darn near killed myself, and I 've been
back down there since . So I don 't know whether there are physics types of reasons that might govern what you
might want to do .
Councilman Stein — There are .
Supervisor Valentino — In my mind , watching my grandchildren or my children water ski that for the boater and
the person that is watching them you sometimes have to move more parallel to be in a safer line of where other
boats are and because you are towing younger children , you don 't want to get them out into the heavy traffic
and in too deep water. I think for other safety kinds of reasons . . . people are going to water ski . Water skiing is a
very popular sport and I think limiting them to how they can efficiently and safely maneuver people on water skis
causes more danger than helps anything quite frankly. Peter?
Councilman Stein —Yeah . I 'd like to speak to the question of whether the ordinance should have a noise
limitation on it. I feel it should and the reason is I bring to the table no experience . I don't think I 've ever heard
one of these vessels and I don 't spend much time by the shore so I don 't really know from personal experience
the extent of the problem , but I 've heard a lot of people talk and I 've read a lot of letters that come to us. I
believe the problem is the noise . We hear a lot of terms 2-stroke and 4-stroke and old and new and polluting
and waterfowl and so on and so forth , but in the end really what people are complaining about in one way or
another is noise . We are trying to answer those concerns by inserogate ways by saying well no more than 500
feet or 1500 feet and I understand that those are good attempts to reduce the noise level and I support them ,
but in the end the problem is noise . And so I believe the legislation should say that there is a reasonable level
of noise and that these jet skis should not generate noise levels by the combination of the speed limitations and
the distance limitations . What we want to say is that when you are standing on the shore , there should not be a
noise level , which is greater than the one that we've adopted in the Town of Ithaca . So I don 't . . . ) think that . . . you
know it's a chicken and egg problem . You say, well we don 't have a way of enforcing it so lets not write it into
the law , but then on the other hand if we don 't have it in the law then we have no particular driver to figure how
to enforce it . I think that is a simple way of making the statement that there should be no unreasonable noise
generated by these vehicles and then it becomes or it may be come our obligation to figure out how to go about,
technically, how to go about measuring noise levels at places where there are complaints about it and then
trying to do something about because if we don 't have it in . . . I don't really know whether these limitation of like
500 feet , 1500 feet , 45 miles an hour , 25 miles an hour. . . I surprised that they don't say knots , but I ' ll let that
pass . I don't know whether those things are going to accomplish the goal that our constituents have asked us to
do , namely to reduce the level of noise .
Supervisor Valentino — Peter, I don 't think that's quite accurate because at the Water Resource Council , there
were several priorities , not just noise , but with the lower speed limits environmental issues , the safety of the
speeds , the hours that they can operate so that they are not dangerous from twilight . I think noise is certainly
one of the issues , but it is not the main issue that generated us spending so much time working on this water
safety thing . The decibels that we have here are extremely low . As you heard Terry say earlier, about 85 is the
sound of a vacuum cleaner . . .
Councilman Stein — Eighty-five is the sound of a vacuum cleaner . . .
Supervisor Valentino — And we' re setting a law that's at around 65 . That is extremely . . .
Councilman Stein — Right . Its not a question of a vacu . . . I don't know you 've tried to have a conversation with
somebody who is pushing a vacuum cleaner and you can't. If you are very close to a vacuum cleaner, then
85 . . .
Supervisor Valentino — You ' re in an enclosed area , you' re not out on the lake .
Councilwoman Grigorov — Its seems loud .
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ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
Councilman Stein — This statement, I assume , I assume this statement means . . . we are not saying that a jet ski
has to be softer than a vacuum cleaner if you are within one foot of it. We are saying that when you are on the
shore , you should not hear a sound level of more than 65 db . Now if the best we can do for our constituents
was to say that the sound level should be low enough so it doesn't sound like a vacuum cleaner being run ten
feet away from or three feet away from us , then I think we are not doing our job for the constituents . I ' m sorry I
® overstated the case about the noise , but still in all , I have the impression that the major objection of people that
people are writing about is noise . So we are not saying that the Jet Ski has to make less noise than a vacuum
cleaner. We are saying this number , db , is the sound level at the point where it is being observed . Perhaps that
we could clarify that by saying on any point on land should not exceed 65 db , but I don't think that is very low .
Supervisor Valentino - I will withdrawal my objection about the noise levels and when the phone calls come in
I ' ll refer them to you to explain to people . We love this law , but we can 't enforce it. I have a motion and a
second on the floor. Is there more discussion ?
Councilman Stein - I wonder , John , whether it's possible to amend it to make that clear that that' s what's meant.
Attorney Barney - I would recommend adopting because I think we put too many amendments . I would
suggest . . . ah . . . number 4 , I ' m sorry Cathy is with or without . . .
Supervisor Valentino - Which one did you . . . 3 is the one that is on the floor.
Councilman Engman - My suggestion would be simply adding to section 5 as measured from the shoreline .
That would be an amendment to that and would address Peter's concern .
Attorney Barney - I ' d like to do that, however , by an amendment to bring it back to you next month . In other
words , I would suggest adopting this in its present form because you are supposed to have this document in
front of you and hold your public hearing on these four and . . . so I would suggest adopting it. We can certainly
have an amendment for you to look at. It also gets it in place .
Supervisor Valentino - It gets it in place and gets it out there .
Attorney Barney - I think it is a good suggestion .
Councilman Lesser - I think if we could ask Andy if he could talk a little bit about the issue of enforcement of
noise ordinances because it is a concern for me to adopt a law , which we may not be in position to enforce .
Should someone contest the noise at the shore level and then apprehend somebody away from shore or be
able to identify them for apprehension later raises some additional enforcement, but I wonder if you could
indicate some of the issues that you had to contend with , conceivably an easier issue on land .
Mr . Frost - The enforcement of the noise ordinance has typically been done by the Sheriffs Department. My
role comes in when the complainant calls me after the fact the next day because there has been a party at night
and I will go to the landlord after the fact and say hey . . . in most cases it is a landlord that owns the property and
they are student renters and inform the landlord that the students were making noise disturbing the
neighborhood . So in terms of hands on enforcement and checking decibels with a decibel meter and so forth ,
we really haven't approached that level of enforcement with the noise ordinance . I don 't know if that answers
your question or not.
Supervisor Valentino - I think one of the other problems measuring it from the shore would mean perhaps going
on people's private property , which may or may not be acceptable and then once you are on shore , then the
O other problem becomes if somebody is out in the middle of the lake making more noise than they should , then
were is your enforcement boat that is going to catch up with that person and ticket them . I think there are just so
many problems with . . .
Mr. Frost - I was hoping you would get me a personal watercraft so I could go . . .
Supervisor Valentino - So you can go chase them .
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ITHACA TOWN BOARD
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APPROVED APRIL 12 , 2004
Councilwoman Grigorov - Well , there are a lot of laws that people don't get . . . that aren 't subject to regulation
unless someone complains about 'it , I mean a lot of laws . Nothing happens unless somebody complains . I think
in this case you could certainly go on their property if they are complaining about noise .
Supervisor Valentino - Well , we would have to send somebody out at the time that those boats are . . . do you see
what I ' m saying .
Councilwoman Grigorov - Yeah , that are a lot of laws that aren 't easy to enforce .
Supervisor Valentino - It is very difficult to enforce this .
Councilman Lesser - I ' m not opposed to the idea . I ' m just concerned about the enforcement. Would it be
possible to get a statement from the Sheriffs Office about their view on this one because?
Supervisor Valentino - I already have and they've said it is almost impossible for them to do anything on the
noise . . . actually they are short staffed and they don't have the equipment. They are not going to be standing on
the shore watching for those folks , they just don't have the people to do it. They've already said that the law that
we are passing is going to be difficult enough for them and luckily we are coordinating with Ulysses and Lansing
that are willing to go to 500 feet and the rest of it, which I think is very good and very helpful , but yeah , the
Sheriffs Department has already told us that trying to enforce that noise limitation is . . . they probably just won't
be doing it . There is no way that they can actually do it . Herb?
Councilman Engman - I think it is important that the State Navigation law has 75 db as the limit for boats . So us
dropping it to 65 are sort of a modest improvement over that. So if the State has managed to enforce it some
way, I can't imagine why we couldn 't. I think it is terribly important to have it in here . It just gives one more
enforcement tool that is possible with these concerns . There is something else that I wanted to mention . There
was some indication that a .lot of people did not know about the hearing tonight and I think it is important to note
that we have received a petition of over 1 , 000 signatures saying . . .
Supervisor Valentino - And we've received a lot of letter . I actually have one letter that I wanted to read .
Councilman Engman - I think there were 25 or 30 letters and the one thing that popped out at me in those
letters was the concern about water skiing . That is something that we did not deal with in this current version of
the law . IT is the one thing that popped out at me that people were very concerned about as a safety issue for
swimmers and other people who use the lake that is in the letters of several people .
Supervisor Valentino - In fact, I had one letter that I really wanted to read because this gentleman the emailed
me specifically asked me to and none of the other letters said to do that . It is from David Rom who says :
Cathy, I cannot come to the meeting on Monday, February 91h, but please read my comment
and please read it yourself and into the record of the meeting. I live in the Town of Ithaca at
1006 East Shore Drive. It is not only the noise, it's the danger. ON May 25th, 2003 1 was
swimming in the lake at 4:45 in the afternoon within 100 feet of shore and a motorboat struck
me. If I had been seriously injured or killed, you would have heard more about this. Please do
not wait until someone is injured or killed. Regulate boating near shore now. It is a safety
issue. The case is under review by Judge Bordoni. I am waiting for the case to go to trial.
David L. Rom
Supervisor Valentino - So I think that is what I 've heard over and over again , is the safety issue and the
environmental concerns are what people really want us to concentrate on .
Mr . Kanter - Not that I have anything to do with any of this , but I don't think you did the seqr .
Mrs . Hunter - We are not voting on the law , I think we are just voting on which law we are going . . .
Attorney Barney - No , you were voting on the law . I think Jon is absolutely right .
Supervisor Valentino - I ' m sorry . Thank you , Jon . I guess we got so wrapped up and I forgot.
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MARCH 8, 2004
APPROVED APRIL 12 , 2004
TB RESOLUTION NO. 2004-043: SEQR: ADOPTION OF AN ORDINANCE PROVIDING FOR THE
REGULATION OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE (Attachment #3)
WHEREAS, this action is the adoption of an ordinance providing for the regulation of watercraft in
• certain shoreline areas of Cayuga Lake; and
WHEREAS, said proposed ordinance would include speed limits for watercraft within certain designated
distances of the shoreline, time restrictions for the operation of personal watercraft anywhere within the Town 's
jurisdiction on Cayuga Lake, and age restrictions for the operation of personal watercraft; and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency
in environmental review with respect to the adoption of the above-described ordinance; and
WHEREAS, the Town Board, at a public hearing held on March 8, 2004, has reviewed and accepted as
adequate the Short Environmental Assessment Form, Parts 1 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 Engman
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilwoman
Gittelman, aye; Councilman Stein, aye; Councilman Engman, aye.
Supervisor Valentino — Okay . Now we have to back up again to vote on the motion to accept draft number 3
and I think at this point we are doing number 3 as it stands .
TB RESOLUTION NUMBER 2004-044: ADOPTING THE ORDINANCE PROVIDING FOR THE REGULATION
OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE (Attachment #4)
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 March 8, 2004, at 6:30 p. m. to hear all interested parties on a proposed ordinance
providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake; 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 ordinance, 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 would not have a significant effect
upon the environment and could be processed without further regard to SEQRA,
• NOW THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said ordinance entitled
"ORDINANCE PROVIDING FOR THE REGULATION OF WATERCRAFT IN
CERTAIN SHORELINE AREAS OF CAYUGA LAKE, " a copy of which is attached hereto and made a
part of this resolution; and it is further
27
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
RESOLVED, that the Town Clerk is hereby authorized and directed to file said ordinance in the Town 's
Ordinance Book and to publish a copy or abstract of such Ordinance in the Ithaca Journal, all as
required by law.
MOVED: Councilman Engman
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.
Attorney Barney — Before you leave this topic, do you want to set a public hearing for your next meeting to
amend this ordinance to provide for the measurement of the sound to be from shoreline .
Supervisor Valentino — Okay. So we can set a public hearing on April 12th at 6 : 30 p. m .
TB RESOLUTION 2004-045: SETTING A PUBLIC HEARING REGARDING AMENDMENTS TO THE
ORDINANCE REGULATING THE USE OF WATER CRAFT
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, April 12, 2004 at 6:30 p. m. regarding amendments to the Town of Ithaca
regulating the use of water craft; 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: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilwoman
Gittelman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye.
Supervisor Valentino — Peter?
Councilman Stein — Just a point of information , I hate to reveal my ignorance , but could you explain in three
seconds what the seqr is?
Councilwoman Grigorov — Later. It is kind of an environmental review .
Councilman Stein — All right.
Supervisor Valentino — That we are required by law .
Attorney Barney — State Law adopted about 15 years ago , requires before a Town funds or approves any
particular action with certain exceptions , they must first examine the impact of those actions or the funding of an
action on the environment and that law is called the State Environmental Quality Review Act , or as we refer to is
as the beloved SEQR . So prior to taking an action , you are supposed to make that review and then once you 've
made that review then you can move on to vote on the actual action you are considering .
Councilman Stein — So it doesn 't mean a finding or anything like that? You don 't approve of a finding ?
28
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
Attorney Barney — Well , it implicitly means a finding that you are saying that there are no significant
environmental affect , normally . I believe that is what you just did , on this one was you determined that there
was no significant environmental adverse affect by this proposal .
Mr . Kanter — The brief wording that I out in the part II of the environmental assessment form indicated that there
would be positive environmental benefits from regulating the noise in dealing with the safety of vessels , that type
of things.
Councilman Stein — Okay. Thank you .
Supervisor Valentino — Was that good enough?
Councilman Stein — Yes , that' s fine . Perfect.
Ms . Gougakis — Could I get a little clarification? The public hearing is April 12th and what is it on?
Supervisor Valentino — It is just on the one amendment to Section 5 , we are adding that the decibel . . . there be a
phrase added measured from the shore .
Ms . Gougakis — So you will decide the negative impacts of that?
Supervisor Valentino — No , we've already decided that. We are just going to add that one sentence to it.
Attorney Barney — It is a question of whether you measure right next door to a boat or whether you measure
from the shoreline . The concern is , I think , it is probably more appropriate to measure from the shoreline .
Agenda Item No . 16 — Discussion of the Richard Fischer Award
Supervisor Valentino — Is Susan here to talk about that or just listen? I ' m sorry we are running a little late
tonight.
John Meigs, Conservation Board — I am representing the Conservation Board here for this discussion on the
Richard B . Fischer Environmental Conservation Award . Last year the Conservation Board . proposed and the
Town Board authorized to establish this annual Town award for the purpose of promoting conservation of the
natural environment, which makes the Town such a special place in which to live and work. The annual award
is to encourage individuals and groups to undertake environmental conservation projects and activities that
benefit our natural environmental , thus enhancing the quality of life in the Town . Through the public recognition
generated by the award , residents and groups will be made more aware of the importance of and the need for
conservation of the Town' s natural resources and thereby be prompted to take action .
The award is named in honor of Doctor Richard B . Fischer , a longtime Town resident and member of the
Conservation Board , Cornell Professor and now Professor at Merriness in environmental education . His long-
standing efforts and accomplishments in conservation education , public and private activitism set the example
for the potential recipients of this award . Each year the Conservation Board will select one or possibly more
award recipients from the nominations received in response to a call for nominations . Awards will be publicly
presented at a Town Board meeting early the following year .
The Conservation Board proposes that this award will consist of a certificate , a suitable framed certificate for
presentation at a public ceremony with the Town Board , a plaque baring the names of the recipients over a
period of years to be located in an appropriate spot in the Town Hall to be determined , some place where it can
® be quite visible to the public. And a tree to be planted on Town controlled property, such as in the parks ,
perhaps with a marker in recognition of the recipient of the award for that particular year. This also is a matter to
be determined yet. This also will be in a location where the public can see it and enjoy it, thus these things will
bring public recognition to a higher level . The cost of these components as we considered them to this point, is
what I would call fairly modest certificate and it' ll have a frame that will cost a few dollars and a plaque which
would be suitable for adding names over the years with something relatively inexpensive , perhaps riot more
than $ 100 in total and a tree . Something on the order of $200 for acquisition and would include installation or
planting as the case may be .
29
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
This year's award ceremony for the inaugural award of the Richard B . Fischer Environmental Conservation is
proposed for the April 12`h Town Board meeting . I ' d like to know with just a quick show of hands , how many of
you are aware of the name the 2003 Fischer Award Recipient.
Supervisor Valentino — It hasn't been announced publicly yet .
Mr. Meigs — This is a test .
Mr. Kanter — If you want to announce it publicly , I don't know .
Supervisor Valentino — You can certainly do that.
Mr. Meigs — Well , it means that our security is working pretty well . I would like to respond to any questions or
comments as best I can .
Supervisor Valentino — Any questions?
Councilman Engman — Just to comment, I think it is a superb idea and - Dick Fischer is one of the heroes of the
conservation in New York State . He is really the granddaddy of the bottle bill in New York State Legislature as
well as educating thousands of children through Ranger Rick Magazine as well as all the students he taught at
Cornell . In fact, he taught most of the staff at the DEC . So he is a real hero and appropriately this award is
named after him to thank him .
Supervisor Valentino — Yes , I think it is a wonderful idea that you folks have come up with . We are certainly
willing to work diligently with you to make sure it is appropriately done . And again like I said about Ray Bordoni
earlier, Doctor Fischer is one of the nicest people you ever want to know . I think we have been blessed in the
Town of Ithaca to have so many people that have made contributions to this community, not just to the Town ,
but also to the whole community in so many ways and he is certainly high up on that list also. Any other
questions?
Mr. Meigs — Thank you very much .
Supervisor Valentino — Thank you .
Mr. Meigs — See you next month .
Supervisor Valentino — Yup .
Agenda Item No . 17 — Consider Amending 2004 Water Fund and Debt Service Fund Budget for Funding
Requirements to Pay Serial Bond Interest
Supervisor Valentino — Okay. We need to consider amending the 2004 water fund and debt service fund budget
for funding requirements for a serial bond . What happened with this one , correct me if I ' m wrong Al , but when
the bonds were finally finished we didn 't realize at the time that there was going to need to be a payment in this
year. And so we have to do an amendment to that part of the fund to pay for that interest payment that is due
this year .
TB RESOLUTION NO. 2004-046: Amending 2004 Water Fund and Debt Service Fund Budget For Funding
Requirements To Pay Serial Bond Interest (Attachment #5 — Water Fund Longterm Serial Bond for
Bostwick Road Water Tank and Transmission Line)
WHEREAS: Town Board Resolution No. 2003-075 approved bonding borrowing to finance improving the
Town 's Water System known as "Town of Ithaca Bostwick Road Water Tank and Transmission Main Water
System, and
30
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
WHEREAS: Pursuant to this bonding resolution the Town Supervisor sign on February 12, 2004 a Fifteen Year
( 15) Statutory Installment Bond for $ 1 , 000, 000. 00 at a rate of 3. 88% with interest paid semi-annually (2112 and
8112) and annual principal payments due 2112, and
WHEREAS: $ 19, 400. 00 is to be paid to the bondholder, Tompkins Trust Company on 8112104, and
WHEREAS: The Town Supervisor and Town Budget Officer recommend amending the 2004 Water and Debt
Service Fund Budgets to provide funding for the interest payment
due 8112104, and therefore be it
BUDGET JOURNAL
WATER FUND
ENTRY NO. 1
DEBIT F599 APPROPRIATED FUND BALANCE 19, 400. 00
CREDIT F960 APPROPRIATIONS 19, 400. 00
F9901 . 907 INTERFUND TRANSFER-DEBT 19, 400. 00
SERVICE FUND
To Increase 2004 Budgeted Expenditures For Serial Bond Interest Payable 8112.
DEBT SERVICE FUND
ENTRY NO. 2
DEBIT V510 ESTIMATED REVENUE 19, 400. 00
V5031 1F INTERFUND TRANSFER FROM 19, 400. 00
WATER FUND
CREDIT V599 APPROPRIATED FUND BALANCE 191400. 00
To Increase 2004 Budgeted Revenue Resources for Serial Bond Interest Payable 8112.
ENTRY NO. 3
DEBIT V599 APPROPRIATED FUND BALANCE 19, 400. 00
CREDIT V960 APPROPRIATIONS 19, 400. 00
V9770. 701 $ 1 , 000, 00020043. 88% Water Imp 19, 400. 00
SOB Interest
To Amend the 2004 Debt Service Fund Budget by adding and increasing Serial Bond Interest Payable 8112 for
the "Town of Ithaca Bostwick Road Water Tank and Transmission Main Water System
RESOLVED: After discussion and review this governing Town Board approves amending the
2004 Water and Debt Service Fund Budgets as recommended, and be it further
RESOLVED: That this governing Town Board authorizes and directs the Town Supervisor and Town Budget
Officer to record these budget amendments to the accounting and finance records of the Town of Ithaca.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Grigorov
31
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 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. 18 — Overview of West Hill Development and Transportation
Supervisor Valentino — All right. Jonathan , do you want to give us a little presentation on the overview of the
West Hill . I had asked Jonathan . . . we had been talking about this in-house and it became apparent that there
are quite a few things going on , on West Hill . And that trying to get a handle on the bigger picture of just
everything that is there and is proposed to be there might be helpful to this Town Board as we try to move
forward and make some decisions on some of these projects . So I guess with that I ' ll just turn it over to Jon and
he'll walk us through this .
Mr. Kanter — Okay . Can you see this map over here fairly well?
Councilwoman Grigorov — Not really .
Mr. Kanter — If you like I can pull it out .
Supervisor Valentino — Now we can see it .
Mr. Kanter — You ' re okay? All right . Besides showing the map , we wanted to try out the new portable
microphone . Is it working okay?
Supervisor Valentino — It' s working great.
Mr. Kanter — Since we've had quite a number of issues coming up before the various boards regarding West Hill
in the last few months , we thought it would be good to just, as Cathy said , put a map together kind of showing a
picture of what could be happening out there . Tonight we are going to be talking about the Sky Gardens
condominium proposals again . A number of you did go out and visit that site . Next to the Sky Gardens property
we have the Linderman Creek Apartments . Phases 1 and 2 have been built already; this is out on Mecklenburg
Road right at the City border. The yellow indicates future development that Conifer Realty could be proposing
sometime in the near future . Of course , we have all heard about the Overlook at West Hill Apartment
development, which will be coming to this board next week , March 151h , for a public hearing . Trumansburg
Road seems to where a lot of activity is occurring .
So we wanted to kind of outline both some of the developments that are coming up as well as some of the
transportation things that a lot of us have been talking about. In particular with the Overlook proposal , traffic
obviously was a big issue and pedestrian safety was also an issue . So one of the things that I thought would be
helpful to show on this map is that through the Linderman Creek property up to Bundy Road we have been
talking about the possibility of a new through road that would connect Mecklenburg Road with Bundy Road .
And that actually is probably closer to reality than some of the other things because this road is actually shown
on subdivision plats that were approved for the Linderman Creek property and also on the Perry Farm when the
Sterling House proposal was approved over on the corner of Bundy and Trumansburg Road . So this part of the
new through road is actually shown on subdivision plats . The road could actually go north of Bundy up through
frontage , which is on Bundy Road up through the Cornell property, which goes behind the firehouse and if the
Overlook proposal is approved , it could actually connect up with this new through road on through the Overlook
property.
Another thing that I wanted to show on the map because pedestrian and bicycle issues have been pretty
predominant in the Town . Certainly the Black Diamond Trail is something that most of you know something
about, over really down the lake . It would connect Taughannock State Park way up in Ulysses all the way down
through the City , down to Robert Treman Park down in the Town . So some of what we are looking at could
have some possible future connections to the Black Diamond Trail and so with the Overlook Development, we
have actually talked about the possibility about a pedestrian bicycle path that could connect through the hospital
over to the Black Diamond Trail . That would be one thing that could help with that whole pedestrian bicycle
safety issue .
32
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
Another thing that our Park and Open Space Plan shows is in conjunctions with this possible new road system ,
it shows the proposed upper West Hill path network , which actually is a pedestrian bicycle network that would
go all the way from Hayts Road down to the Coy Glen , Five Mile Drive area . So besides the road portion that I
showed first, there is also a future possibility of the bicycle/pedestrian path that would come down through
undeveloped property , paralleling West Haven Road going all the way down through to this . . . another item that
we are going to be talking about today, the proposed park at Glenside and that is shown in the green cross-
hatched area and there could be connections further through that system down to the Black Diamond Trail and
then that could also connect up in the future with this new Trail that we will be talking with the City about that
would be a connection of the South Hill Trail .
So the idea really, ultimately, is that there could be totally interconnected bicycle/pedestrian system in that pat of
the Town . You also just for information purposes , have the proposed zoning map and comprehensive plan
maps over there just so you can relate how these things we have been talking about relate to the Town's overall
plans . It might be a little hard to see from this angle , but basically the growth areas that we have been talking
about are shown in the red colors and those are primarily the areas on West Hill that have existing
infrastructure , water, sewer, the water pressure is an issue that we have been talking about a lot. The red areas
basically show the current water pressure areas and that are converted on the zoning map really to the higher
density areas and the median density areas that are primarily in the reds and yellow colors. The green colors
basically indicate agricultural land that we in the new zoning that we are proposing to keep it very low densities .
So anyways , I just wanted to give a very, very quick overview of some of the things that are happening . I think it
is probably a good backdrop to start talking about the Sky Gardens tonight and to continue discussions on the
Overlook proposal .
Supervisor Valentino — One of the things , if people didn't pick up on it, that new road that is being proposed will
come and that connects over to Route 79 , Elm Street. That road , we have two bridges at the Octopus now .
That will take some of the traffic that has been going over that one main bridge to the other bridge and sort of
divide some of that traffic up that ends up at that bottleneck , the bottom of the hill . So that would help relieve
some of that problem down there . T
Councilwoman Grigorov — And then people from part of West Hill won't have to go down through the Octopus to
go out to the hospital .
Mr. Kanter — If only the portion between Mecklenburg Road and Bundy Road were built, that even alone would
help . We've heard a lot from the fire department indicating that they just need another way of getting up there ,
bypassing Route 96 sometimes and so that would be helpful .
Councilman Burbank — Would you just anticipate being built in the context of a development in a subdivision and
the developer would actually be doing the road as part of their . . . ?
Mr. Kanter — Yes. And in fact, I was mentioning the Conifer future subdivision . We actually will be seeing the
sketch plan . That will be coming to the Planning Board pretty soon . We will be talking with the Conifer people
and that could be coming very soon for some of the first phases of development. So that we would see this
portion , the first segment on the Conifer property being started fairly soon . That would be done by the developer
in conjunction with their development, but that also would enable this possible connection over to the Sky
Gardens site if that were to come about. Peter?
Councilman Stein — Boy, this is hard . Who would pay for the . . . that portion of the road that runs from Overlook
to the Conifer subdivision . Who presumably would pay for that? The new road that goes from Overlook down
to the Conifer subdivision .
Mr. Kanter — Well , I was talking about the first part would be paid for by Conifer. That would be dedicated as a
public road . The part through the Perry property, which is the next part north , which also forms an important
connection to the future West Hill Park, which is over in the green area , which the Town actually does own now,
but it won't develop until we are able to access it and until there is enough population on that part of the hill to
use it. But this next part through the Perry Farm would be built similarly if and when development proposals
come in . Now some of you might not realize Perry Lane over in this area , which includes 12 or so lots which is
almost built up now , when that was approved it included another phase over in this area which received
preliminary approval for another 20 some odd lots and it is expected at sometime soon we will be seeing that
JJ
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
come in for final approval . So that would begin that part of it. The remaining portion up north of Bundy Road is
at this point; there are no definite proposals for development in the area . Cornell owns this very large piece
back here and I ' m sure some day they would consider doing something on that property. So the part north of
Bundy Road is a little bit less pending than the south part.
Councilman Stein — So you see a lot of development in between Conifer and Overlook sort of in the general
direction that is indicated by that road .
Mr. Kanter — Yeah . I think that is really again what our comprehensive plan anticipates . In fact, in terms of
actual proposals that we have seen it seems to be sooner rather than later. So I would be glad to answer more
questions at this point or we can just continue discussions after we hear more about the Sky Gardens proposal .
Supervisor Valentino — Any other questions at this point? At least it gives you some sort of overview of things
that people are thinking about out there . Okay . Thank you very much , Jon .
Supervisor Valentino — Okay. We are only about an hour late . It happens sometimes to us.
Agenda Item No . 19 — Continuation of Discussion Regarding Proposed Rezoning for Sky Gardens
Condominiums, Mecklenburg Road , and Possible Referral to Planning Board for a Recommendation
(Attachment #6 — Memo from J . Kanter and materials from applicant)
Supervisor Valentino — How do we want . . . do we want Mr. Ransich to give some more overview? What do you
think is the best way to precede , Jon?
Mr . Kanter — Yeah . I think if you give Mr. Ransich a chance to update the board . Of course . . .
Supervisor Valentino — I think he's got some new information since the last time he was here , right?
Mr . Kanter — I guess most of you did have a chance to visit the site about a week ago .
Supervisor Valentino — Yeah , waited through the mud . Now you know what brave souls we are .
John Ransich — I ' m glad you had a . . . time up there and I ' m delighted to tell you that I don't own a jet ski . I 'm
going to speak very briefly . I don 't have too much brand new information . I have some handouts here for you .
Some of you got some of them . I have some letters from my neighbors and I ' m going to turn most of this
meeting over to my attorney, Katrina Thaler. So while she is talking , I ' m going to handout papers .
Katrina Thaler , Thaler & Thaler — The project address , just to start off again , is located at 1310 Mecklenburg
Road . The property totals about 93 .49 acres +/- . I believe the map as Jon Kanter had pointed out it's the
sandal colored portion over there just to give you a physical location of where it is because I believe the last time
we were here we heard a concern that the board wasn't exactly sure where the property was . So I think with the
site visits and I understand from Jon that everybody got an aerial map of the property so I believe everybody
has a better sense of the property location and what it looks like .
The actions we are requesting the board to take tonight is to refer the zoning proposal to the Planning Board for
recommendation and also request that the Planning Board , rather than the Town Board , establish itself as the
_local agency to coordinate the environmental review. Again , we had some discussions about that the last time
we were here on February 91"
One of the main concerns that we heard at the last meeting was what benefits does this project have for the
Town? I know . . - it is my understanding that Mr . Ransich had passed out benefits . . . and he is passing out a list of
benefits right now . I will kind of go and some them up for you . First of all , it provides a beautiful , upscale place
to live and with all the advantages of homeownership without the work. There will be jogging and bike paths
available to all . There is going to be a secondary access road to Linderman Creek, which I believe is this road
right here . So you will have a secondary access to Linderman Creek so that would compliment the project. Mr .
Ransich ' s project is proposing less units than the present zoning permits . It will be a nice cluster community
with many amenities such as a club , pool , tennis , gym , cafe and other amenities , which may also be open to the
public . With the project will also come 100+ temporary jobs created during construction and then we also
34
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL '12 , 2004
envision some of those temporary jobs turning into permanent jobs in the areas of maintenance, management ,
sales and service .
Currently on the site there is a gravel mine with the new and better-proposed use , the gravel mine use will be
abandoned since a better use of the property. The project will also be ecologically mindful . Another benefit also
will be tax revenue to the Town in excess of one million dollars . Jon , Mr. Ransich has also passed to you a list
of benefits . We went through the Town 's Comprehensive Plan and we wanted to take some time to point out to
all the council members how this project is in line with the goals and recommended action plans of the
Comprehensive Plan . Again , I will just summarize the broad goals , but specifically on that list you will see the
actual goals the project will provide or how they are in line with the Comprehensive Plan and then you can take
it with you and refer to where exactly in the Comprehensive Plan those goals are .
Firstly, the project promotes the overall philosophy of balance . And again , we have . . . as Mr. Kanter has sort of
created a general sort of overview of the different projects up there ; Linderman Creek and the Overlook: project
are both affordable housing projects . Sky Gardens would provide sort of a mix in the area of West: Hill by
providing a more upscale housing availability for the townspeople . In addition , it will satisfy the housing need
aimed at two of the largest growing sections of the population . Again , that being those between the ages of 25
and 44 year old and also 65 and up where they would be interested in housing . They would have all the
advantages of a nice, beautiful , attractive housing without the work, without the! yard maintenance , without the
painting and all that comes with it. In addition , again because Mr. Ransich wants to do it in a very ecologically ,
aesthetically pleasing way , we want recreation facilities that also satisfy certain elements of the goal of shaping
and improving the quality of the building environment .
The other issue we heard the last time we were here was the board wanted to receive some public comment
and John has been talking . . . Mr. Ranshich has been talking with all of this neighbors and we are submitting
various letters from his neighbors are all in support of his project. There are letters from Richard and Joe Perry,
107 Bundy Road . The neighbors to the north and their daughter and son-in-law , Carl and Marilyn Sgrecci . Mr .
Robert Drake also lives on Mecklenburg Road . Glen Hubble , who is the neighbor between the property and
Linderman Creek also in support of the project . Then Colleen Schuler, who owns the City Limits Bed and
Breakfast on Mecklenburg Road , is also in favor of the project . We wanted to submit these letters in support of
the project to give the board a sense of how the public feels about the project. In short those are the concerns
that we heard the board raise in February and we wanted to make sure that we addressed them all .
Supervisor Valentino — Do people have questions?
Councilman Lesser — You stated the proposed development is fewer units than the maximum from under law. I
think it was in the statement, but for the records I wondered if you could just reiterate what the maxim is allowed
in . . . how calculated and how much less than the maximum you are at this current proposal?
Mr. Ransich — I can answer that. I did a calculation based on some of the information I got from Mr. Kanter that
a section of my land , approximately 10 acres was zoned R- 15 , allowing 15 , 000 square foot lots . The balance of
the land is only R-30 that I calculated out on those densities to be 150 homes could be put on that entire 93
acres . There is a second unit in each of those homes . There is some restriction as to the square footage of the
second unit . All the homes will have a second unit bringing the total number of units to 300 . That would , in fact,
use up every square foot of the 93 acres . I have reduced it to 200 units and concentrated the development
down on approximately 30-35 acres . We are not exactly sure . We haven't been to the Planning Board yet. So
about one third of the land would be in use . I 've picked 200 units because the amount and the cost of the
amenities that I am planning to offer the swimming pool , the tennis courts , the public room , the cafe, the jogging
trails , bicycle paths . . . a lot of suggestions and things that I haven 't even completed yet . The cost of those would
be very hard to bear for 50 residents or 25 residents , but it is quite affordable . . . it would make it easy for
® everybody to enjoy those amenities .
Supervisor Valentino — Okay . Peter?
Councilman Stein — Yeah . Let me understand a couple of things . When you say presently allowed , you are
referring to the old , not the zoning ordinance that will come into being .
Mr . Ransich — ( not audible )
35
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12, 2004
Councilman Stein - Secondly, is it conventional in a development to put every unit with an apartment in it? I
mean , I don 't of any that.
Mr. Ransich - I didn 't mean to tell you that it is conventional . The question was asked , what was the maximum
allowed , okay . So the chances that every . . .would have a second apartment is minimal , but under the law , that' s
what would be allowed so I used that number as the allowable use .
Councilman Stein - Okay, thank you .
Mr . Kanter - Cathy , could I just add to that?
Supervisor Valentino - Yes .
Mr . Kanter - Again , in the handout l did on the property analysis , I ran through three different scenarios and we
discussed that last time . I 'd say probably the more realistic number we might look at under assumptions one
and two , again under current zoning today prior to April 1s', assumption one using simply the cluster density
factor in the subdivision regulations for the two zones could result in about 228 dwelling units . Under the more
conventional single family subdivision in the two zones fielding 133 dwelling units with a factor of say , one third
of those having the second unit, which is probably a more realistic way of looking at it. This came out to about
165 dwelling units. So those two give us a little bit more realistic indication of what the property could actually
hold . Then assumption three , again , is what could actually be built under the new zoning that would take effect
April 15' if you went strictly with the new agricultural zone , which is of course , a much lower number .
Councilman Stein - How much is that, Jon?
Mr. Kanter - That would be the total maximum , 13 houses , 13 lots with a total maximum of 26 dwelling units if
all of them had 2 units . So it is much lower density than the current one .
Councilwoman Grigorov - I wanted to confirm . . . you mentioned a probably cost of the units when we were on
the site visit. Is that about 200 . . . 175 to 200?
Mr . Ransich - People have been asking me what I anticipate them to sell at. I have with the limited information
that I got from my market studies ; I have a target price of about $ 175 , 000 to $200 ,000 a unit. I am going to
allow , as I have no choice , to let the free market system adjust the price of those , whether that goes up or down .
I obviously hope that it will move in the upper direction , but without getting some more specific plans as to what
is going to be required , what kind of construction I am. going to be required to do , any number of different
factors , I can 't pin that minimum price down at this point.
Councilwoman Grigorov - But that gives us an idea .
Mr . Ransich - I ' m looking at $ 175 , 000 to $200 , 000 as a starting price and again , the square footage per unit, I ' m
not exactly sure yet . I haven 't talked with the Planning Board . That is where I made my computation of over a
million dollars in tax revenue per year for the Town was based on $ 150 ,000 sale price per unit on 200 units that
came to a little less than $ 1 , 000 , 000 , but I would have all the common area stuff. . . the clubhouse building , the
gym , the swimming pools , which would all be taxable entities and I assume that that would shove me over
$ 1 , 000 , 000 a year in taxes . That is at $ 150 , 000 a unit .
Supervisor Valentino - Any more questions at this point? Will?
Councilman Burbank - The last meeting we talked about a special land use district as one approach to this that
would be just a rezoning . At what stage would that be determined ? Is that a proposal that would be developed
and then brought before the Planning Board?
Mr. Kanter - Well , I think we would seek the advice of our Town Attorney. This board could decide it now before
referring it . It could be referred as a question to the Planning Board as please take a look at what the
appropriate zoning would be . It could also go along with the question of what would the appropriate number of
units be to the Planning Board . That' s an option you would have .
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Attorney Barney — I would probably suggest that if something should be given to the Planning Board . . . I think the
legal structure is a little bit dependent on what is being planned and the plans as I understand right now are a
little sketchy . I think that the Town has an interest in making sure that what is being proposed is indeed what is
constructed and operated there . Sometimes you can do it with a straight rezoning to a multiple residence and
sometimes you want to have a planned building zone with building zone requirements and regulations that
pertain to just this particular parcel . That would be kind of what I would say . Look at it, as the plans get a little
bit more refined .
Mr. Kanter — After I have looked at the proposal a little more and thought about it, it seems that I am leaning
more towards a planned development zone approach because you could do that for the whole 90-some odd
acres of the property and that way in affect control the future use of the open area . . .
Supervisor Valentino — It gives us more control .
Mr. Kanter — Whereas if you just focused on the multiple residence zoning of the development site , you would
pretty much leave open what could happen on the remainder, although under the agricultural zone for the
remainder, it wouldn't a lot that could happen .
Councilman Burbank — And I ' m glad that you mentioned that because actually, when I think about the potential
benefit that could be given to the Town , the thing that I think aesthetically is most important is that open area
adjacent to the road . I found it very helpful to actually walk over the site and realize how far removed . . . but if
there could be built in from the beginning a commitment to maintain that open vista , I would feel more
comfortable .
Mr. Ransich = In one of my first plans , contemplated plans , was the golf course idea . It is only an idea , but I
don't know if that would count as open or not. But I don 't object to the special use zoning because at the same
time that it gives the Town more control over the whole 93 acres , it also gives the Town the ability to be a little
more lenient in some areas that they may or may not have been under a strict multi-family zone . So I think that
that special land use could work for all of us equally well .
Supervisor Valentino — It has worked well in other spots .
Councilman Lesser — Cathy , I would just say that I find this proposal really quite complexing because I ' m not
entirely sure what we are asked to approve , 200 units which I indicated I think is far too high a number,
potentially substantial open area where at this point in time you have little idea whether it is going to be a golf
course , a natural area or anything . So the possibility of the reduction in units . . . I ' m not sure if one vote for it
exactly . . .
Supervisor Valentino — All we are voting for is to send it on to the Planning Board for them to . . .
Councilwoman Grigorov — They are the ones to determine the . . .
Councilman Lesser — Well , I ' m not certain what would come back . I would feel badly . . .
Supervisor Valentino — We will just turn it down when it comes back.
Councilwoman Grigorov — We can always turn it down after they've looked at it. This isn't a promise .
Councilman Lesser — I would personally feel badly if I indicated support for something and have the developer
invest substantially in it and it turned out so I think some closer meeting of the minds on what the end
development might look like would make me feel much more comfortable .
Supervisor Valentino — That is exactly what we've tried to stay away from . I mean the only reason , if you recall
why this was changed was because sometimes . . . they used to go directly to the Planning Board and then it
would come back to us and we would say no way and so they've put in all this work and all this time . This is just
an exercise essentially to say that it has some merit under certain conditions if the units are low enough and we
look at it that we would approve it for the rezoning . So the whole discussion for that , the questions that you are
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APPROVED APRIL 12, 2004
raising is really going to come back to us to make a determination on . This kind of scenario was set up basically
just to not have the Planning Board spending their time on a rezoning that we absolutely, positively , would not
find . . . fit in the with the comprehensive plan or anything that we might want to do .
Peter has a question .
Councilman Stein — I am a little confused . It was a about a month ago that we last met Mr. Ransich and I have
seen the property and got my feet muddy and . . . but other than that, nothing really has changed I think since we
had the last meeting . And at the last meeting , Bill Lesser made a comment which made a big impact on me ,
mainly we went through a multi-year effort to change the zoning and the ink is not dry yet on that change , so to
speak , and now we are being asked to change that zoning once again to increase it from 28 units to 200 units .
And Bill made the comment that if we are going to do this for a developer; he felt that there should be benefit to
the Town , substantial benefit to the Town for doing this because that is a downgrading of agricultural land .
Supervisor Valentino — No , its not.
Councilman Stein — Well , that is how I see . One of the things I learned in . walking through that mud and snow
was that in fact I walked over corncobs and I discovered that, in fact , apparently this land had been farmed in
the not too distance past so it really was agricultural land . So I ' m concentrating on the comment that Bill made .
It seems to me that that is where I want to focus my attentions to see what are we getting . And when I went
through this list, I ' m sorry, that does not seem to me . . . the items on that list by and . large are not what I consider
to be public benefits from a project that any time you build something , I mean assume Mr. Ransich has done a
market analysis and he is not carelessly throwing his money away, so I suppose that if he builds these
apartments people will come and rent them , but that is not what I call public benefit . The taxes , the opportunity
for entertainment for other people , the opportunity for good business for the people who live there , that is all part
of the system . That is true whether you change the zoning or you don 't change the zoning . So I just don't see
enough things in this list, frankly, that fall outside of the normal benefit of any full profit enterprise . My mind has
not been changed by looking at this list and this list is what I was concentrating on .
Supervisor Valentino — Herb?
Councilman Engman — I ' m sorry . Did you want to answer?
Ms . Thaler — If I may just address the second list , one of the reasons why we did the more expanded list as
opposed to just the bulletin point is to point out to the council members that the Town does a comprehensive
plan , which studies the future and the shape and direction that the Town of Ithaca is going in . One of the things
that we looked at is how this project is in line with some of the goals that were set by this very board . One of the
main and biggest points throughout the entire comprehensive plan is the philosophy of balance . Balance is
intertwined throughout the comprehensive plan and out project , Sky Gardens , satisfies that balance in providing
a mixed variety of housing on West Hill . It also addresses , again , housing alternatives for two of the largest
growing sections of population . Again , a need that was addressed in the Town' s comprehensive plan . That is
another benefit. So it is not simply just the benefits , the 12- bullet point but it is also how our project is in line
with what the Town envisions its growth and development. Again , it is all in coordinating a balance . The Sky
Gardens project, again by focusing the cluster of housing and then maintaining a large portion of the land as
open space , potentially a golf course , we don 't know and one of the reasons why we don't know that is because
we want to work with Town . We want to work with Town Board . We want to work with the Planning Board . We
want to do something that is good for the Town people of Ithaca . Again , it will provide the recreation facilities
that can be interconnected with diamond path and interconnected with everything that Jon Kanter spoke about.
It will provide secondary access to alleviate some of the transportation issues on West Hill . These are all
benefits other than the ones listed in the 12 bullet points . They are all benefits the Town will receive from this
particular use and particular development. If it stays there right now , all the Town is going to get is a gravel
mine. It is not going to get the road . . .
Supervisor Valentino — It is not good farmland . It is not that classified , but let me just . . . Jonathan , maybe you
can help me with this a little bit. When we show the red part over here is mainly in our comprehensive plan
where we really would like to see infill because we have water and sewer available that has cost considerable to
have that there . Is that . . . where would we like to see . . .
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Mr. Kanter — Right on the edge . I ' ll repeat what I 've said before .
Supervisor Valentino — Water and Sewer is available there .
Mr . Kanter — I've described this before as really a transitional area and I think this is why our updated zoning
doesn't address precisely what we are talking about because it really could have gone either way . It happened
to go the way of agricultural because we preferred not keeping split zone property there . But it really could have
gone a different way as well and I think that is one good reason why we have the planned development zone in
the zoning ordinance so that you can look at properties like this , which do have infrastructure available . There
could be water pressure problems on the far west side of the property, but concentrating the units on the east
side presumably could address that.
Supervisor Valentino — So just to let me finish my thought, the zoning ordinance , again that is why we have
either MR or these special zones is for that transitional area and I questioned . . . I was one of the people that
questioned at the time why they left that as agricultural because it is very clear it is not agricultural land . It is a
gravel pit. They have tried to grow a few things there. Growing up on a farm myself, when you look at that kind
of land , that is not the kind of land that is going to yield any kind of good agricultural crops , but they just decided
to do it that way but not to say that it couldn't be developed in some reasonable way because again it is in what
we consider that transitional area between so much of the land that we want to keep agricultural on West Hill ,
way more than most municipalities would even think about is already there and this in part where the . . . you
were on Codes and Ordinances Cali , were talking about some transitional zones that never really happened and
yet is something that we really want to talk about and try to solve . So I think the argument that the ink is not yet
dry on the zoning ordinance isn't quite correct if you look at the whole overview, of the comprehensive plan and
everything else .
Councilwoman Grigorov — The upper part of it will be maintained . There is a planned area development there in
the upper part that . . .
Councilman Engman — I think we need to be very clear if we decide to pass something along to the Planning
Board what we as a Town Board would be . . .would find for the public good . I agree that there must be a greater
public good than making a good living environment for people . A golf course would not be a public good to me .
We are spending millions of dollars in this community to improve the phosphorous loading of Cayuga Lake . A
golf course requires a great deal of - fertilizer and some of that is going to get washed off. It is going to get down
to Cayuga Lake and we are going to be fighting against ourselves for the very point of reducing the
phosphorous loading that we've spent millions of dollars to try to solve in Cayuga Lake . So I want to be very
blunt. I would see this opportunity for the public good to be maintaining half of that section of the property as
open space , but either in agricultural usage or as passive open space or some other usage other than intensive
development of a golf course and I think that is the message that I would want to send to the Planning Board
and to the developer and everyone else so that there isn't a lot of effort wasted on alternative plans .
Supervisor Valentino — Why don 't we try to make a list . . . I mean I think Herb's point of where we are going here
is very well taken? If we are going to pass something on to the Planning Board , lets say we will pass this on for
your consideration . There are certain things that we either want to see or don 't want to see . And I 've heard
several people here say that they don't want to see a golf course , so number one no golf course . Is everybody
okay with that?
Mr . Ransich — I ' m okay with that .
Supervisor Valentino — And the upper . . . we really want to see them concentrate it like you showed us when we
walked through there on that slope that's away , like Will said , away from the road and that the upper part be
maintained as some kind of open space or something that we could live with that is close to open space and not
have any development there . So have you got that , Jonathan?
Mr . Kanter — Well , hopefully Tee-Ann is getting it, too . We do have minutes .
Supervisor Valentino — Bill ?
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Councilman Lesser — Yes . Two issues please . One is the number of units and within the balance that Jonathan
was talking about a little while ago based on his method of calculation of typically allowable under current
zoning . Secondly, I would ask the Planning Board please to give special consideration of having , I can 't
remember whether it' s a coffee house or commercial . . . again I have no objection to it, its just that we have been
very careful about thinking about having commercial development on West Hill . So l think anytime you begin a
process like that it takes very additional thought as to whether or not that is appropriate , particularly if it is open
to the general public.
Supervisor Valentino — So we are not saying absolutely no , but the Planning Board should look at the cafe
idea . . .
Councilman Lesser — Think about that as a whole separate matter.
Supervisor Valentino — Other things . Will?
Councilman Burbank — I ' m not too sure quite how to phrase this , but it really informs my thinking about this
project in tandem with all the others that are happening . We are essentially proposing intensive urbanization of
a area that is currently essentially open space and rental farmland . Even if we do a very good job of defining
that space , there is also an impact on what is below . Specifically, not only the traffic counts, but we are
generating a vehicular trips , but once you move down to the City there really is not good pedestrian access and
we are going to talk a very . . . great increase in the number of people and car trips . That worries me. I guess it is
something I would like to leave to our Planning board to really think out as a whole and see if that is really in the
interest of the Town at large . We already are committed to the Linderman Creek subdivision and what that is
going to be . . . and then you add this in .
Councilman Engman — Will reminded me of something that I meant to say and that is when we had the
presentation Jon made , you can see the development marching up the hill . I think the big advantage of this
project is we might be able to put that defining line of where that development is going to end so that we can
maintain open space and agricultural lands and I think that would be a great public good of this project is to
finally define where that line is .
Mr. Ransich — Cathy, may I say something?
Supervisor Valentino — Just a minute .
Mr. Ransich — I just want to point out to the whole Town Board that on this zoning map all this .medium density,
and here is the Linderman Creek apartments which is relatively high density , if you drew . . . this is my parcel
here . . . if you drew an ag line from here to here , my proposed development is well within that and that is a clear
line of what should be yellow and what should be green .
Mr. Kanter — The only thing I 'd add to that though , is that the line was formed there because of the County
Agricultural District and we do have to follow the guidelines of the State Ag and Markets law and it will require
some pretty in -depth impact analysis regarding impact on agricultural resources .
Supervisor Valentino — That is the other reason they left it that way , right?
Mr . Kanter — That is where the ag district line goes , basically , yes .
Supervisor Valentino — So there will be some extra . . .
Mr. Kanter — Extra process . It also is one of the reasons this is a type I action besides the fact that it is a higher
number of units than our type I threshold .
Supervisor Valentino — So we will get that review up . Peter, and then Will .
Councilman Stein — I just wanted to make a comment to what Herb just said about this project has the
advantage of drawing a line as to where the high density development should stop . We already have a line
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APPROVED APRIL 12 , 2004
drawn . The line drawn is that line that separates green from yellow and that line is there . We don't need a
development there in order to draw the line stronger .
Councilwoman Gittelman - I would just like to say given some of other kinds of housing that we have been
talking about, I really feel that this housing has several points to speak for it. One is it is much more upscale ,
which is a nice thing to have in balance with the other things . The other thing is that it is clustered so that it . . . if
we talk about saving that open space that is in the spirit of keeping West Hill less urbanized than it might
otherwise be because the truth is that we have fewer houses than we have people wanting them . They are
going to have to someplace , so this is a very nice way of putting that number of houses and still keeping it
relatively unurbanized . Unfortunately , West Hill is one of the last places in Town to build .
Supervisor Valentino - It has been sitting there waiting a lot time .
Councilman Burbank - And it' s happening now . . . and should also be made aware of these plans and have a
chance to voice their feelings . People , for example , living at adjacent communities such as Ecovillage, people
living on West Haven , a much larger community of people that are going to be baring the brunt of the traffic that
will be coming by here . And I would also note that one of the things that I 'do find attractive is the adjacency of
upper income next to a community that was defined as lower income . I guess it would be important to me that
these not be completely disconnected , but close communities . For example , I am very glad that we are not
talking of a gated complex . I would hope that there would be built in connections between those so that it was
perceived as different elements of a larger neighborhood .
Mr. Ransich - Well , to address the connection , there will be a physical connection with a road that is anticipated .
That would be a connection . To imply that the common area facilities should be available to anyone that wants
to use them may not without perhaps a membership fee or something , may not be . . . that is not something that
can envision . Someone . . . and older retired couple that wants to come in and spend $250 , 000 on their
condominium because they have a swimming pool and a little cabana to sit in or play tennis , might not want all
the folks from a lower income place with all the children playing tennis . I don't know for a fact, I ' m just saying
can't build a private place and open it up to the public without some constraints in terms of as simple as a
membership fee . The biking paths and the jogging paths , without a doubt, they are open to everybody . There
won't be any bicycle path police , but to allow the general public to use what in fact will be a private swimming
pool is probably something that can happen without some constraints.
Supervisor Valentino - That is generally true .
Councilwoman Gittelman - I actually think that there is a community near here where that did happen . There
was a community . . . was it East Lake? In Lansing , there is a community built by Bob Leathers and originally it
had a community center that was meant for the residents only . He couldn't make a go of it and they opened it
up with a fee to other people and for other uses and it seems to be working out very well .
Mr . Ransich - I don't object to it. I just can't . . . in responding to you , though , I just can't say that anybody can use
anything I use up there .
Supervisor Valentino - Well if people are paying that part to be their pool , then it would seem reasonable to
others who use it to have to pay some kind of a reasonable fee .
Mr . Kanter - On the other hand though , there may an opportunity to say a children 's play area that might able to
be accessible to others in the area if there are connected bike paths or something .
Mr. Ransich - A lot of that , children' s play areas and stuff could go in what the Town has for their public park,
right? Very close?
Mr . Kanter - That's true .
Supervisor Valentino - It all kind of ties together. We've all made a list here of things here that we . . . if we vote
tonight to send this on to the Planning Board for their consideration that we really want them to pay special
attention to . Again , this is no guarantee that we will approve the rezoning . We are just saying that we seriously
consider the rezoning of either a special district or multiple residence zone and saying these are things that we
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APPROVED APRIL 12 , 2004
are really concerned about and we want you to look at very carefully. So there are two things in front of us
tonight, actually, one is deciding on the lead agency status .
Mr. Kanter — I would first address whether you are going to refer it to the Planning Board before you decide to
ask them to be lead agency.
Supervisor Valentino — So under the outlines that we have just done , are we willing to send this on to the
Planning Board for their consideration . I would move that we move it to the Planning Board for their
consideration of if it is worthy of being rezoned or not .
Councilwoman Gittelman — I second that.
Supervisor Valentino — Is there any further discussion ?
Mr. Kanter — Cathy, could I just ask whether you would specifically refer the question of zoning to the Planning
Board or do you want to give them a direction? How would you like to handle . . . ?
Councilwoman Grigorov — Seriously consider the planned development.
Supervisor Valentino — Seriously consider it as a planned development .
Councilwoman Grigorov — But not necessarily , whatever they think is . . .
Supervisor Valentino — That is part of it , I would think, in my resolution .
Councilman Engman - I thought our earlier discussion was that a planned unit development was the likeliest
because . . .
Councilwoman Grigorov — Likeliest, but not required .
Councilman Lesser — We just have them recommend to us which of the two on further consideration with more
details at the final . . .
Councilwoman Grigorov — We are still free to do what we want to .
Supervisor Valentino — So that they look at it in that light .
Mr. Kanter — So I would say in the resolution put a clear reference that at this point you are asking the Planning
Board to consider whether the planned development zone approach would be appropriate one for this proposal .
Supervisor Valentino — Please consider that, yes . Are there any other questions? Peter?
Councilman Stein — Just a statement, I ' ll vote against it. And the reason that I ' ll vote against it is I have not
heard sufficient reason to change the decision that was made about this being agriculturally zoned land . And
would be open to hear any such an argument, but I haven 't heard one yet .
Supervisor Valentino — Is there anyone else that would like to make a statement before we vote?
Councilman Burbank — I ' m going to vote for it , but I too , am very much agnostic in terms of the total thing and
I ' m really going to be very much interested in reactions from the broader community and the connectivity of that.
Supervisor Valentino — I think we are all feeling that pretty much , yeah .
Mr. Kanter — Could I just add that we actually did send out notices to quite a lot of people around the area
including half way down West Haven Road , Ecovillage and a number of other areas . I ' m sure , as this goes on
the list will grow even bigger, that is the way that usually happens .
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APPROVED APRIL 12 , 2004
Supervisor Valentino — The neighborhood will get bigger and bigger as we go . So the motion has been made .
and seconded and you have heard the motion . Are we ready to vote? All in favor of sending this on to the
Planning Board for their consideration say aye .
Supervisor Valentino , Councilwoman Grigorov , Councilman Lesser, sg , Councilman Burbank, Councilman
Engman .
Supervisor Valentino — All those opposed .
Councilman Stein
REFERRAL RESOLUTION
Supervisor Valentino — Okay . Now lets consider the lead agency status , which I would recommend that we give
the lead agency status to the Planning Board because my feeling is they are the group best equipped to do the
kind of in-depth look at the environmental issues and have in the past done an outstanding job for us on that
issue . So I would recommend that. Is there any . . .
Councilwoman Grigorov — Second that.
Supervisor Valentino — Is there any further discussion on that? Will?
Councilman Burbank — Quick question . Could someone explain the significance of that designation and I guess
the alternative would be for . . .
Attorney Barney — The lead agency designation is the body that makes the determination . . . initially
determinations as to whether there is environmental significant an adverse impact from the project. In the
course of that, they receive the materials . If they find that there is a potential for an adverse impact, they
become the body that sort of marches its way through the scoping process if you decide that, worth; their way
through the preparation of an environmental impact statement and holds the hearings that might be conducted ,
if any, on the environmental impact statement and basically conducts a review , which is a fairly complicated time
intensive kind of thing to do . And then at the conclusion of that, they approve ultimately the final environmental
impact statement and then each body that has an approval function then makes its own findings with respect to
its own function and it goes from there . So basically what they are doing by making them the lead agency is you
are passing on to them kind of the torture of making sure . that the environmental materials and processes are
properly followed .
Councilman Stein — The lead agency is the determining agency . In the federal construct, lead agency means
there's other agencies involved .
Attorney Barney — There are here two . You would be an involved agency. The Department of Transportation , I
suspect would be an involved agency . . . the county Health Department.
Councilman Stein — In what way is the board involved in it?
Attorney Barney — Any agency that has an approval process , an approval vote on it is an involved agency . You
ultimately have the approval of whether it is going to be rezoned or not. So you are an involved agency . And as
the process goes forward on the environmental review as an involved agency, you are kept abreast and given
opportunity to comment at various stages on various aspects of the environmental process .
Councilman Stein — When in fact this board must approve the rezoning , can it make a different determination
about the environmental impact or is the environmental impact determination made by the lead agency by itself?
Attorney Barney — The determination is made by the lead agency . . .
Mr. Kanter — But not by itself, that's why it is called coordination .
Councilman Stein — What do you mean by not by itself?
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Mr. Kanter — The lead agency has to coordinate its environmental review with the other involved agencies .
Attorney Barney — Which means , in affect, you have input to that determination . Now , let me go one step
further. The fact that they, the Planning Board , makes a determination either with or without an environmental
impact statement, when that process is concluded and it ultimately comes back to this board with a
recommendation to either rezone or not rezone as the case may be , you are in essence free to make that
determination at that point . Rezoning is pretty much a discretionary act on this board 's part . It's not really
necessarily governed entirely or even completely by environmental considerations . If you can determine, for
example , it is a matter of comprehensive plan or you view the comprehensive plan and you don't think it ought
to be rezoned for issues you are talking about tonight. The reason that we go through this kind of preliminary
process , however, is to kind of if I can say smoke out if there is a real adverse feeling about it, then to let the
developer know going down the road that there is a very real possibility if he comes back here that this board
may choose not to approve the rezoning , whatever is recommended .
Mr. Kanter — Now one way of helping to insure the maximum coordination and environmental review is through
an environmental impact statement . That would basically be up to the lead agency whoever that would be
whether it be this board or the Planning Board to determine whether that would be necessary. To do that, the
lead agency would make a positive declaration , which would mean full environmental review of whatever items
are determined to be at issue with that proposal . There have been cases where sort of by mutual agreement of
the involved agencies and the applicant that right from scratch an environmental impact statement would be
proposed by the applicant and in a sense, circumvent a positive declaration and just simply say that we
understand there are issues with traffic , drainage , visual, etc. , etc. , and these issues would be scoped out as
those that would be covered by the environmental impact statement and then proceed to do that. So there are a
lot options as to how the boards would approach that .
Supervisor Valentino — There is a lot of input that could happen . Okay I think the motion has been made and
seconded . Are we ready to vote on this?
Councilman Burbank — No , wait a second . Jonathan got my brain going . Given the thresholds of our segr ,
would this kind of project typically fall into a full environmental review or would it be on the edge or. . .
Mr. Kanter — It is hard to say at this point .
Attorney Barney — It depends a little bit in on how the project comes in , in part also . If you get a project that
there are kind of known environmental issues , traffic is a big one here , but the project comes in with a fairly
complete and detailed traffic study and an analysis that is comprehensible and thorough and decent and there
are proposals made as part of the project to deal with the traffic that may flow from the project , you may make a
negative determination because you can say the project as proposed with all this information is not going to
have an adverse affect . If it comes in with very little of that and a study needs to be done , then quite frequently
the decision is we need an environmental impact statement because we need to determine . . . so it is a little
premature to determine right today or tonight what would be required , but the Planning Board I have say and
Jon and his planning staff are not at all bashful in recommending that an eis be prepared if it is . . .
Supervisor Valentino — They are downright tough .
Mr. Kanter — Just as an example , the Ecovillage planned development zoned or back then we still called them
special land use districts , went through an environmental impact statement review process and that was
basically a total maximum units and I think it was 150 in 5 potential neighborhoods with the community common
houses and possible other future uses . That was done through an environmental impact statement and that
was pretty much done right from scratch . It was agreed by all parties that it would be done that way . I mean if
that is something the applicant would like to consider and be able to upfront address x , y and z issues are the
ones we need to focus on and do it as a process that is certainly something that can happen . Just because it is
called an environmental impact statement doesn 't mean anything that terrible . It is just part of the process of the
environmental review . In some cases , I won 't mention any specific examples , but in some cases if people had
decided to do that process they might have gotten through the process even then not doing an environmental
impact statement.
44
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL '12 , 2004
Supervisor Valentino - Herb, were you going to ask something else?
Councilman Engman - I was just trying to clarify something in my mind . This would automatically be a Type I
action because of the number of acres disturbed , right?
Mr. Kanter - It is a Type I action for number of acres , number of dwelling units and location within the State
County Agricultural District.
Supervisor Valentino - All right. Are we ready to vote now? All in favor of the motion on the floor to designate
the Planning Board as the lead agency say aye .
Supervisor Valentino , Councilwoman Grigorov , Councilman Lesser, Councilwoman Gittelman , Councilman
Burbank , Councilman Engman Councilman Stein — aye .
Supervisor Valentino — It passes unanimously. Thank you very much .
TB RESOLUTION 2004-048: Designation of Planning Board as Lead Agency for the Sky View Gardens
Project
RESOLVED, that the Planning Board act as lead agency status for the purposes of environmental review of the
Sky View Gardens Project.
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 . 21 — State Comptroller's Annual Report Complete and Received by Town Clerk for
Filing
Supervisor Valentino — That is just on our agenda meeting our requirement. Everybody received this some time
ago . You have the State Comptroller's report . Al , when are our auditors going to start working on our audit?
Mr . Carvill — That will take place sometime after the 15"' of April .
Supervisor Valentino — So the next thing you will see after the State Comptroller' s Report is the audit report.
Councilman Burbank - Are we skipping number 20 intentionally or . . . ?
Mrs . Hunter - No .
Supervisor Valentino - I ' m sorry . I just went down to that.
Agenda Item No . 20 - Consider Acceptance of Concept and Location of Proposed Dedication of Town
Park in Glenside Park Subdivision , Glenside Road and Five Mile Drive (Attachment #7 - Narrative and
map)
Supervisor Valentino - Jonathan , do you want to . . . ?
Mr . Kanter - Well , we could make this quick or we could make it long .
Supervisor Valentino - Lets make it as quick as we can .
Mr. Kanter - By the way we do have Patrick Leahy is in the audience who is representing Mr . Young . The short
story is this did go to the Planning Board and the Glenside Park subdivision received preliminary approval just a
week ago . It seems like just yesterday. And this is the same proposed parkland that we talked about with the
45
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
board at the last Town Board meeting so I think you are all pretty familiar . We included copies of the maps
again and a nice narrative that Patrick had put together explaining what the park and the subdivision would be
about. So I guess at this point we' re simply asking the Board to consider accepting the concept and location of
the proposed parkland and that it would go back to the Planning Board for final approvals .
Supervisor Valentino - So we' re only approving the concept for it to go back . Ok I would move that.
Councilwoman Gittelman - Is that the one on . . . ?
Mr. Kanter - That's . . . Yeah that's the one . . .
Supervisor Valentino - The one behind the Will's house .
Councilwoman Grigorov - Will' s private park.
Councilman Lesser - Jonathan , while you have that map could you tell us a little about public access to the
park. Is that through . . . is that a right away? Is that a right away over private land ?
Mr. Kanter - Well let's see . . . the main access would off of Glenside Road actually through a right of way and
easement because there is not frontage from the park parcel to Glenside . There would also be a 15 foot strip
per pedestrian access or possibly from emergency vehicle access over to Five Mile Drive . So one of the things
that we have to accomplish also before it goes back for final approval is the actual right of way language that
would give permanent right of access for the park to Glenside .
Supervisor Valentino - So there'd be two ways to access right?
Mr. Kanter - Yes .
Supervisor Valentino - Wouldn't a trail . . . that other trail that we were talking about maybe connect along that at
sometime in the future , too?
Mr. Kanter - That's a possibility. There' s a it would it could that could connect to the whole upper West Hill path
network that I was mentioning before as well as the possibility of additional trails that might go in toward the city
on . . . upper in this area as the waterline town easement and there is a possibility that that could be used , for
instance , to go eastward in toward the city but that would be a future consideration .
Councilman Lesser - Would this remain largely undeveloped ?
Mr . Kanter - The park? You want to . . . basically what we talked about with the Planning Board is that this would
be largely undeveloped . There might be passive park uses , trails , picnic areas , possibly a small children's play
area . But it's really . . . it's not the kind of area because of the topography and character of the hillside that would
be conducive to more active recreational uses . Do you want to add anything Patrick?
Mr. Leahy - No .
Mr. Kanter - Good .
Mr . Leahy - I wanted the quick version , too .
Supervisor Valentino - Okay , so I guess all we are being asked at this point is to keep the acceptance of the
concept and the location .
Councilwoman Gittelman - I so move .
Supervisor Valentino - Cali , are you going to second ?
Councilwoman Grigorov - Sure .
Supervisor Valentino - All in favor .
46
ITHACA TOW14 BOARD
MARCH 8 , 2004
APPROVED APRIL. 12 , 2004
Supervisor Valentino , Councilwoman Grigorov , Councilman Lesser , Councilwoman Gittelman , Councilman
Engman , Councilman Stein — Aye .
Councilman Burbank — Cathy , please note I am abstaining from voting because I feel very close to the project
and I do not want to influence it one way or another .
TB RESOLUTION NO, 2004-049: ACCEPTANCE OF CONCEPT AND LOCATION OF PROPOSED
DEDICATION OF TOWN PARK IN GLENSIDE PARK SUBDIVISION, GLENSIDE ROAD AND FIVE MILE
DRIVE
WHEREAS, the Town of Ithaca Planning Board has granted Preliminary Subdivision Approval for the
proposed 54ot Glenside Park Subdivision located along Glenside Road and Five Mile Drive (NYS Route 13A),
Town of Ithaca Tax Parcel No. 30- 1 - 1 , Residence Districts R- 15 and R-9. The ,proposal includes subdividing the
44 +/- acre parcel into three residential lots for sale, one 7 +/- acre lot to be dedicated to the Town of Ithaca for a
recreational park, and the remaining 32. 5 +/- acres to be retained by the owner for possible future development.
The proposal also includes subdividing off 7 small parcels to be consolidated with adjacent residential lots to
correct existing encroachment problems. John F. Young & Susan M. Barnett, Owners; Patrick Leahy, Applicant,
and
WHEREAS, the applicant for the above-referenced subdivision has proposed to dedicate Lot 3, as
shown on a survey map entitled "Glenside Park Subdivision, Located Off Glenside Road, Town of Ithaca,
Tompkins County, New York, " prepared by Lee Dresser, L. S. , dated 1013012,003, consisting of approximately
7. 02 +/- acres, to the Town of Ithaca for park and recreation purposes; and
WHEREAS, the Town of Ithaca Park, Recreation and Open Space Plan (adopted in December 1997)
recommends the establishment of a "neighborhood park" in the general vicinity of this subdivision, and the area
proposed to be dedicated as park land would be appropriate for passive amenities, such as picnic areas, trails,
and perhaps a small children 's play area, as many of the Town 's neighborhood parks have, and the proposed
park area could also provide future trail connections to the planned "Upper West Hill Path Network" shown in the
Park Recreation and Open Space Plan, as well as to the future Black Diamond Trail, and perhaps to other
future trails to the east in the City of Ithaca (e. g. , across the Town 's water line easement that traverses the site);
RESOLVED, that the Town Board of the Town of Ithaca hereby accepts the concept and the above
described location of the 7. 02 +/- acre park site on West Hill, subject to the following conditions:
1 . That the specific surveyed location, deed, and abstract showing good and marketable title for
the proposed park parcel be submitted in a form acceptable to the Attorney for the Town of
Ithaca and the Director of Planning for the Town of Ithaca, prior to acceptance of the park parcel
by the Town Board; and
2. That Final Subdivision Approval be granted by the Town of Ithaca Planning Board in order to
split off the parcel proposed as park land, prior to the Town Board accepting said park parcel;
and
. 3. That a legal right-of-way be secured from Glenside Road across Lot 2 to the proposed Town
park site, as shown on the above-referenced survey map, subject to approval by the Attorney
for the Town, the Director of Engineering for the Town and the Town Highway Superintendent,
prior to the Town Board accepting said park parcel, and
4. Obtaining the necessary lot width variances from the Zoning Board of Appeals for the proposed
park parcel (Lot 3), prior to acceptance of the park parcel by the Town Board.
MOVED: Councilwoman Gittelman
SECONDED: Councilwoman Grigorov
47
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilwoman
Gittelman, aye; Councilman Burbank, abstain; Councilman Stein, aye; Councilman Engman, aye.
Supervisor Valentino — Now we're down to Consider the Change Order for the Codification Project that I been
talking about so much tonight actually.
Councilman Stein — What happened to the State Comptroller' s Annual Report .
Supervisor Valentino — That was just it. You got that a while back. It's just a recognition . It's kind of a legal
thing we have to do up in our minutes to show that everybody got one unless you got questions about the
report.
Agenda Item No. 22 — Consider Approval of Change Order for the Codification Project
Supervisor Valentino — Okay. We have talked about the codification. I think you've got it in your packets . Tee
Ann , did you want to ah . . ?
Mrs . Hunter — I just wanted to say that we have received the second draft, which has the zoning ordinance in it.
Anybody who like to . . . any Board member would like to come in and see what this is going to look like you 're
welcome to do so . We do have the . . . we did budget money for this in this year' s budget so we do have the
money to cover this and hopefully it will be completed and before this Board , probably not before May but, it
would be nice to have it May or June to be adopted by this Board . When you adopt a code what you do is you
adopt it as the laws of the town . So it will replace the patchwork quilt that we just had everything . It will replace
everything .
Supervisor Valentino — I would move this resolution . is there a second ?
Councilman Stein — Second
Supervisor Valentino — Herb has a question .
Councilperson Engman - What I didn 't understand is what instituted the change order? What changed?
Mrs . Hunter — We started this process over a year ago and it did not move as quickly as we thought it would .
Also we requested a second draft, which was not going to be . . . which was not included in the original quote so
there's a second go round . We have more laws than many municipalities so it's larger project than they are
generally used to producing drafts for and . . .
Councilman Engman — But I ' m not convinced by the second argument because that should have been known
before they signed the contract so I ' m still not certain . . . I can understand if we ask them to do more work i . e . , a
second draft, that makes sense that they would charge more money, but it doesn't make sense . . . they would
have known how many laws we had when they signed this contract .
Attorney Barney — No . They wouldn 't necessarily know because they don 't get the laws until we get them . I
mean they know we been around since 18 whatever it was 21 or 31 , but the amount of legislation we have they
would probably only have a general idea . I think the real reason for the change in cost is that we kind of
underestimated the time that it was gonna take us to review their work , get it back to them and the desire that
we have to have a second draft cause we found and it really wasn 't their fault in they reformatted everything we
done . Our zoning ordinance for example is going to come back with completely different section numbers
included in the code and we found a lot of cross reference . We' re double-checking cross reference areas . We
found some errors that we had made so errors in having laws around so it took us months to do what I think
probably we contemplated was gonna take weeks and they called everything over in that period of time so
that' s . . .
Mr . Walker — Plus during the process we found a few laws that needed to be replaced .
Attorney Barney — Oh yeah and we found and it was a good process in that respect because we picked a couple
of laws out that we 're doing things we never or put it another way we should have doing things we've long since
48
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 112 , 2004
abandoned . I would suggest if we could add to that , just cause I ' d like to see a Resolution of this nature the
amount of money that you ' re authorizing just a phrase at the end which change order increases the proposed
cost by $3 ,776 if I ' m reading this letter accurately. Is that correct?
Supervisor Valentino — I accept that is that okay with you? We should always put in the price . Ok are we ready
to vote on this? All in favor?
All — Aye .
Mrs . Hunter — I ' m sorry , Cathy . You moved it . Who seconded it?
Supervisor Valentino — Cali .
TB RESOLUTION NO, 2004-050: Authorization to Siqn General Code Change Order
BE IT RESOLVED that the Town Board of the Town of Ithaca authorizes the Town Supervisor to sign the
General Code Change Order for the additional work needed to complete the codification project as outlined in
the February 11 , 2004 letter from General Code and as presented to this board, which change order increases
the proposed cost by $317 76. 00.
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. 23 — Consider Awarding Acceptance of Bid for Two Diesel Engine Driven Portable
Generator Sets
Supervisor Valentino — Consider awarding of a . . . consider awarding acceptance of the bid of the two diesel
engine driven portable generators . Right , Fred?
Mr . Noteboom — Yes .
Supervisor Valentino — We got one bid it was under what we had budgeted for it what we had anticipated it
would be and it meets all the specs . Is that right?
Mr . Noteboom — Correct.
Supervisor Valentino - Did you move that Bill?
Councilman Lesser — Yes .
Councilman Burbank — Second .
Supervisor Valentino — Will seconds. Any further discussion? All in favor
All — Aye
TB RESOLUTION NO. 2004-051 : Acceptance of Bid for Two Diesel Engine Driven Portable Generator
Sets
Whereas, one bid was received for two diesel engine driven portable generator sets; and,
Whereas, the Highway Superintendent has reviewed the bid specifications, and Admar Supply Col, Inc. is the
bidder who is closest to meeting the bid specification; and,
49
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
Whereas, upon the Highway Superintendent's findings, he recommends that the Town Board of the Town of
Ithaca accept the bid for two diesel engine driven portable generator sets from Admar Supply Co. , Inc. at the
cost of $67, 413. 22; now therefore be it,
Resolved, that the Town of Ithaca Board accepts the respective bid from Admar Supply Co. , Inc. ; and be it
further,
Resolved, that the Highway Superintendent is hereby authorized and directed to purchase two diesel engine
driven portable generator sets, with $33, 706. 61 to be taken from the F8340. 200 and $33, 706. 61 to be taken
from G8120. 200.
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 . 24 - Consider Approval of Specifications and Authorization to Solicit Bids for
Purchase of a Trailer Mounted Sewer Cleaner
Supervisor Valentino - Now unfortunately , Peter's favorite project, a trailer mounted sewer cleaner we didn't
receive any bids on .
Mr. Noteboom - So we' re going to we are asking the Board to go out to bid again .
Councilman Stein - Do you know any supplier?
Mr. Noteboom - We know several suppliers and we are going to literally mail to them this time . Maybe they just
didn 't see the paper and maybe they just . . .
Supervisor Valentino - So I thought Peter might like to move this .
Councilman Stein - I ' ll move that.
Supervisor Valentino - who would like to second it?
Councilman Engman - Second .
Supervisor Valentino - Herb seconds , all in favor
All - Aye
TB RESOLUTION NO. 2004-052: 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 trailer mounted sewer cleaner, and
Whereas, the money is available from the regular expense account (G8120. 200), and
Whereas, no bids were received; and now therefore be it;
Resolved, that on the recommendation of the Highway Superintendent and the Public Works Committee, the
specification for a new 2004 trailer mounted sewer cleaner are approved, and further
Resolved, that the Town of Ithaca Clerk be authorized to advertise and receive bids for a new 2004 trailer
mounted sewer cleaner.
50
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
MOVED: Councilman Stein
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.
Agenda Item No . 25 — Consider Approval of the Drug Free Workplace Policy (Attachment #8 memo
from J . Drake, copy of policy, memo from Safety Committee)
Supervisor Valentino — Now when we talked about this , we actually had a quorum of the Board there at that
meeting . Judy , will you walk us through this? Let's just talk about the changes from the last time we saw it , I
think. Is that good enough for everybody? Cause we saw the original . Okay.
Mrs . Drake — One of the main change from the last time that you saw it was under drug testing , it's on the forth
page . It discussed who was gonna be subject to drug testing and what was in there prior to this was pre
employment drug testing and at the personnel committee and I included those minutes for you . The personnel
committee voted to remove the pre employment and send this on to the town board without including that. The
rest of the description is there . We added two things . We added a definition for what a post accident would be
and we also added who would be making. the determination on reasonable suspicion and what that was . Those
are I think were the two the major changes since it was sent to the town board as a draft.
Councilman Stein — This time I actually read every piece of paper that got sent to me and I found the whole
discussion a little curious because if I understood it right the employee committee recommends having pre hiring
testing .
Supervisor Valentino — The Safety Committee .
Mr. Kanter - That by no means represents the consensus of all the employees in the town .
Councilman Stein — Excuse me?
Mr . Kanter — That by no way indicates support by other employees of the Town . That was strictly a Safety
Committee recommendation .
Councilman Stein — And they apparently feel pretty strongly about it . They wrote a letter to us saying that we
ought to do that and they made an argument that I never saw answered any place in the argument that
recommends against it. They leave that it establishes a baseline without and I gather that without a baseline
you can 't reliably . . . you have nothing to compare to if you have a post accident test or something like that. That
sounded like a reasonable argument to me so I just wondered what the answer to that was and why you
rejected the statement to the safety committee .
Supervisor Valentino — Sandy , do you know anything about . . . ?
Councilwoman Gittelman — Well , I don 't understand who the safety committee is . Is this people from the
highway dept? The drivers or is this . . . ?
Mrs . Drake - The safety committee is actually made up of both Fred and I chaired the safety committee and it
also has two highway representatives and two town hall representatives on it and the main reason . . .
Councilwoman Gittelman — Are you putting pre employment drug testing back or are you asking . . . ?
Mrs . Drake - We' re asking the town board to make a determination
Supervisor Valentino — It's just the way we approved it at the personnel committee .
Councilwoman Gittelman - But the letter is from . . .
51
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
Mrs . Hunter — The Safety Committee .
Councilman Lesser — They' re recommending that it be put back. The safety committee .
Councilwoman Gittelman — Well , I have to say that I would have real objections to that because our countries
laws are based on innocent until proven guilty not guilty until proven innocent, which I think is the biggest . . .
Mr. Noteboom — Well , then I have to speak up and excuse me for interrupting you , but we allowed a whole class
of people to have drug testing in this country without anybody saying anything about that and they aren't even
allowed to sue .
Councilwoman Gittelman - Well I 'd say something about it if I were . asked . Nobody asked me .
Supervisor Valentino - He's talking about people that work for him that are mandated .
Mr . Noteboom - I hear what you ' re saying and actually personally I agree with what you ' re saying , but I just
Wanted to make that point that there are a whole bunch of people that weren 't allowed that opportunity.
Councilman Engman - The question I have is a very specific question . Namely that if it is important to establish
a base line in case the issue ever rises again , then how are you going to get around that? Is the baseline
argument fallacious or is it in fact the case that without a baseline you can 't determine whether a person . . .
Mr. Noteboom - I think I can clear that up for you . I don 't think they mean that baseline as a level . I think they
mean as baseline we'd be hiring only people that didn 't have drugs in their system . I think that's what they
meant in this letter .
Supervisor Valentino - Yeah . Baseline is not like a medical term .
Mrs . Drake - I mean the test is positive or negative .
Councilman Engman - I wanted to ask you in this March 4`h letter from the safety committee , I couldn't tell from
the initials are any of these folks on the personnel committee?
Mrs . Drake — No . I ' m the only one and I ' m not actually on the personnel committee I ' m just staff support to the
personnel committee .
Councilman Engman - I found the description of the discussion of the personnel committee to be great . It was a
wonderful back and forth and lot of good points made , but I just couldn't understand whether any of these folks
were on there or not and that' s whether they had a chance to participate in that discussion .
Mrs . Drake - Two of the representatives were at the personnel committee and they spoke and then actually so
were two of the highway employees .
Councilman Engman - So those two then later agreed with some other collogues that there should be the pre
testing and that' s what they' re recommending to the town board . Okay.
Supervisor Valentino - I don't think they voted .
Mrs . Drake — I ' m sorry .
Supervisor Valentino — The two representatives from highway how does it say their the vote came out? It wasn't
unanimous? They voted against it .
Mrs . Drake — Just for clarification there on the personnel committee there's two representatives from highway
and there' s two representatives from town hall and there' s three town board members and then I ' m just staff
support. Some of the representatives from the safety committee also attended the personnel committee to give
their view from the safety committee . The two highway employees that represent highway on the personnel
52
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
committee did not vote in favor of sending the policy to you without the pre employment because highway has
pretty strong feelings in regards to including the pre employment testing .
Councilman Engman - Just for future usage it would be helpful if people spelled out their names or had some
indication of who they are because just the initials I couldn't figure all that out on my own .
Supervisor Valentino - Good point.
1 '
Councilman Burbank - I was at that meeting and also talked with several of the representatives from . . . two of the
representatives from highway after and was struck by the very difference of their reaction . Specifically people
who worked with heavy equipment worked with vehicles and sort of making the argument they felt safer knowing
with some greater confidence that their co workers were not under the influence and that they had come to be
become comfortable with the process . And they . . . some of the workers, are covered because they are
commercially drivers required but others are not covered and would be by this . And I don't mean to minimize
that perception . I think it' s a perspective that was heartfelt and credible. But I too felt ultimately that the
proposal coming out of that committee was the right one for the larger work force and I would feel very
uncomfortable were we to start going down the road of the pre employment direction .
Supervisor Valentino - I think it' s you know from the minutes the part of the discussion is that I think part of the
feeling was that the pre testing before someone get actually hired to work for the Town of Ithaca doesn't
necessarily protect them because actually the one incident that we know about that we talked about in
Executive Board before the (inaudible) was put on was very clean for a long time . His addiction came about
from medication that he needed for an illness but then got him addicted so and I think the workers go back to
that because it was very dangerous . They were put in a very dangerous situation by this person that was clearly
not able to function well and I think we did finally address it. The person has been doing very well since then but
I think the thing we need to look at in this drug thing is that early intervention . We've got to get to the folks faster
that's why we' re going to be having this training . . . That' s the key not testing people before they' re hired but early
intervention .
Mrs. Drake - All the employees will be receiving awareness training .
Supervisor Valentino — That's the key , not testing people before they are hired , but early intervention .
Councilwoman Gittelman - My understanding of that incident at the meeting is that people knew for a long time
that something was very wrong but nobody had the courage to say this guy is acting very strangely to anybody .
Supervisor Valentino — And when they did , we weren't sure what to do right away .
Councilwoman Gittelman — So hopefully , that is what will come from the training . That people will begin to
recognize what is worth talking to somebody about.
Supervisor Valentino — But I am very proud that the Town Board took the extra mile in getting him into . . . making
it very clear that he needed to go into rehab and paying his salary while he was in there and doing a lot of
things . Judy and staff did a lot of things to help him work through it and now he is back and is a good employee.
When you can do those kinds of things it is really the way we should be going , I think . Okay . Are we ready to
vote on the resolution? Would somebody like to move this?
Councilman Lesser — I ' ll move .
Supervisor Valentino — Bill moves it. Is there a second ?
Councilwoman Gittelman — I ' ll second .
Supervisor Valentino — Everybody understands what this is now? All in favor?
All aye .
53
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
TB RESOLUTION NO. 2004-053: Approval of Drug Free Workplace Policy
WHEREAS, the Personnel Committee has reviewed and revised the current Drug and Alcohol Policy
that was revised and approved of in February 2003; and
WHEREAS, after discussion, the Personnel Committee recommends the Town Board approving the
revised Drug and Alcohol Policy to be know as the Drug Free Workplace Policy (see attached); now therefore
be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve revising the Drug and Alcohol
Policy to be the Drug Free Workplace policy as recommended by the Personnel Committee; and be it further
RESOLVED, the Human Resources Manager is directed to incorporate this revised policy into the
Personnel Manual.
MOVED: Councilman Lesser
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 . 26 — Consider Authorization to Sign Engagement Letter for Legal Services for the
Intermunicipal Sewer Committee (Attachment #9 — engagement letter)
Supervisor Valentino — Oh , this should be quick and easy. This is just an engagement letter for what we call the
group of six . The six municipalities that are working on the various sewer agreements that we have to get in
place in order to get the Cayuga Heights plant and the plant downtown and all the partners together. When we
went through this before and the City was sort of in charge , things were not done in a precise way getting how
Susan Brock was going to be paid and what those bills were going to be set up very clearly. And so somehow
along the line it fell on my shoulders to sort out all the bills that we had gotten over almost a year' s time and
decide how they needed to be paid and who was going to feel obligated to pay them . So our new group that
has just formed made me chair. So thinking to myself I don't ever want to go through that kind of turmoil again ,
we all . . . each municipality has the same engagement letter with Susan and she will be billing as the work
progress each one of us as the bill comes forward. So I ' m just asking you to give me authorization to sign this
engagement letter.
Councilman Stein — So moved .
Councilman Engman — Could you just clarify? I didn 't quite understand . So she is going to be doing this work
for a number of different municipalities , but what is it she is going to do for those municipalities?
Supervisor Valentino — She' ll be drawing up the legal documents for our various agreements that we have to do
and if there is any environmental paperwork and research that needs to be done , she does that. She's been
doing this for us right along .
Councilman Engman — That' s what I wondered , whether she was going to be working just for the Town and
therefore we have a problem having many masters .
Supervisor Valentino — No . she' s done this in the past. This just cleans up who is going to pay what of the six
partners . That is all that is . So its made and seconded , all in favor.
All aye .
TB RESOLUTION NO. 2004-054: Authorization for Supervisor to Sign Engagement Letter for Legal
Services for the Intermunicipal Sewer Commission
54
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 012 , 2004
BE IT RESOLVED, that, the governing Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to sign the Engagement Letter for Legal Services retaining attorney Susan H. Brock to work with the
Intermunicipal Sewer Commission
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 . 27 - Consent Agenda
Councilman Lesser - I ' ll move the consent agenda .
Supervisor Valentino - Bill moves it. Is there a second?
Councilwoman Grigorov - Second .
Supervisor Valentino - All in favor.
All aye
TB RESOLUTION NO, 2004-055: 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: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilwoman
Gittelman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilman Engman, aye.
a . Town Board Minutes
TB RESOLUTION NO, 2004,,055a: Town Board Minutes
WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board Meeting held
February 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 February 8, 2004 board meeting.
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.
b . Town of Ithaca Abstract
TB RESOLUTION NO. 2004-055b : Town of Ithaca Abstract
WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for
approval of payment; and
55
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
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. 8155 - 8302
General Fund Townwide $ 74, 914. 06
General Fund Part Town $ 1, 953. 14
Highway Fund Part Town $ 54, 578. 45
Water Fund $ 17, 673, 05
Sewer Fund $ 851, 059. 85
Biggs Water Main Replacement $ 31697. 50
2003 West Hill Water Tank Impr $ 11257. 71
Bostwick Rd Water Tank & Transmission Line $ 105. 50
Coy Glen Pumpstation / Pipeline $ 12, 477. 83
Risk Retention Fund $ 353. 50
Fire Protection Fund $ 272, 986. 00
Forest Home Lighting District $ 186. 67
Glenside Lighting District $ 62. 13
Renwick Heights Lighting District $ 86. 81
Eastwood Commons Lighting District $ 178. 96
Clover Lane Lighting District $ 20. 62
Winner's Circle Lighting District $ 60. 60
Burleigh Drive Lighting District $ 48. 69
West Haven Road Lighting District $ 237. 07
Coddington Road Lightinq District $ 140. 02
TOTAL : $ 1292, 078. 16
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.
C, Bolton Point Abstract
TB RESOLUTION NO. 2004-055c: Bolton Points Abstract.
WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water
Commission have been presented to the governing Town Board for approval of payment; and
WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore,
be it
RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers.
Voucher Numbers. 66- 132
Check Numbers: 7150- 7216
Operating Fund $ 136Y505. 73
1998 SCADA Capital Project $ 545. 72
56
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL. 12 , 2004
TOTAL $ 137 080. 45
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 E:ngman, aye.
d . Attendance at Town Clerk ' s Annual Conference
TB RESOLUTION NO. 2004-055d: Approval of Attendance at New York State Town Clerks ' Association
Year 2004 Conference
WHEREAS, the New York State Town Clerks ' Association will be holding their 22nd Annual Conference
in Saratoga Springs, New York from April 18, 2004 through April 21, 2004; and
WHEREAS, the Town Clerk believes this conference will provide essential training and information
regarding the functions of the Town Clerk's office, including updates of any state law changes associated with
the duties and responsibilities of said office; now, therefore, be it
RESOLVED, the governing Town Board does hereby approve the attendance of Tee-Ann Hunter, Town
Clerk, at the referenced conference on April 18, 19, 20, and 21 , 2004 in Saratoga Springs, New York; and be it
further
RESOLVED, that expenses for attendance at said conference shall not exceed $800. 00 for registration,
lodging, meals, and travel to be charged to the General Fund, appropriation line Town Clerk
Conferences/Mileage A1410. 410.
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.
e. Representatives to the Personnel Committee
TB RESOLUTION NO. 2004-055e: Appointments to Personnel Committee
WHEREAS, the Personnel Committee has three (3) Town Board members and two (2) Town Hall staff
members and two (2) Public Works Facility staff members appointed to serve on the committee; and
WHEREAS, the facilities are asked to nominate and vote on the members representing them on the
committee, and in February Town Hall voted to have Dani Holford and Susan Ritter as their representatives on
the committee for 2004 and there was no change for the Public Works Facility representative; and
WHEREAS, Councilperson Gittelman expressed an interest in serving on this committee as she has a
wealth of experience in this area and Councilman Burbank has agreed to this change;
Now, therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby ratifies the appointments made by the
Town Supervisor for the Personnel Committee members for 2004 to be as follows:
Dani Holford and Susan Ritter Town Hall Representative
57
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
Don TenKate and Larry Salmi Public Works Facility Representative
Catherine Valentino, Bill Lesser and
Sandy Gittelman Town Board Members
Judith C. Drake Support Staff
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 . 28 - Report of Town Committees
Supervisor Valentino - Are there any of these committees that have reports tonight?
Transportation Committee (Attachment #11 - Memo from N . Tedesco)
Councilman Lesser - On your desks there is a very brief summary of tabulation of the transportation survey that
came around with our prior newsletter. It had to be hand tabulated so it has taken a little bit of time . This is just
a basic overview . If you recall because . . . this is a voluntarily process , it is not necessarily the representative , but
it is indicative of feelings about transportation issues . Interestingly, although there are number of transportation
concerns , there are no overriding ones. When we went to look at it there were no areas or intersections which a
large portion of the respondents considered to be a particular problem so we are going to have to look into it in
detail . There will be a little story coming out about this in the next newsletter. In addition to that I am also
pleased to say that Nicole P?? , as an intern for the committee last summer will be working for us through the
spring and will be here again with us through the upcoming summer.
Supervisor Valentino - She did a really good job .
Recreation and Human Services Committee
Councilwoman Gittelman - I contacted ??? and a report is being put together and will hopefully becoming . . .
Supervisor Valentino - For the Joint Committee?
Councilwoman Gittelman - No . Not for the Joint Youth Committee , that will probably come to , but with the
Cooperative Extension and the cost and . . .
Recreation Partnership
Councilwoman Gittelman - The other thing that I wanted to talk a little bit about was the Recreation Partnership.
It had its annual meeting and we invited a lot people to come and actually there was quite a large turnout. It
was very good and one of things that I learned there that I thought was useful and interesting is that the
Recreation Partnership Board doesn 't feel that they have to do everything in a centralized way so that if a Town
should want to have recreation in town , places for town people . . . they are happy to help out with kind of thing as
well . So it is probably worth our looking into that aspect of it .
Supervisor Valentino - We have done that before .
Councilwoman Gittelman - We have .
Supervisor Valentino - It didn 't last long or work out well , but we can try again .
Councilwoman Gittelman - I think maybe it needs to be documented . If you have the documentation I would
like to see it .
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ITHACA TOWN BOARD
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APPROVED APRIL 12 , 2004
Supervisor Valentino — One of the goals of starting the Recreation Partnership was that it was going to be a lot
of this spread out and things done in outlying areas and new ideas and new programs up and it just never . . .
Councilwoman Gittelman — I would like to look at how that happened because there may be ways of changing
that.
Supervisor Valentino — Okay . We can talk about it because that would be a good thing . Anything else from the
committees?
Cayuga Lake Watershed Intermunicipal Organization
Councilman Burbank — Cathy , I attended my first meeting as the official Town representative of the Cayuga
Lake Intermunicipal Organization and got to discover the wonderful Town Hall in Interlaken where we were
testing a job interview for the first new staffer who is hired to do a coordination of . . . ( not audible) . Basically , it is
stream maintenance and they are going to be working with the highway departments , not the Town . . . ( not
audible) . . . four or five communites . Anyways we are hiring a woman named Darby Kylie and I will tell you more
as I have yet to meet her, but she has been very impressive . So that is happening . The other thing is looking
ahead , there is going to be a meeting that we have been attempting to . . . between the City and the Town to talk
about the connection of trails , specifically the trail coming down South Hill and going towards the bridge to
nowhere and that will be happening next week.
Supervisor Valentino — Finally . Very good . Any other committee reports? Okay .
Agenda Item No . 29 — Report of Town Officials (Attachment #10 — monthly reports)
Supervisor Valentino — You have the reports from the Town Officials in front of you . Lets just go down through
quickly. Does anyone have questions for Tee-Ann? The Highway Superintendent?
Councilman Burbank — Actually , I do have one Tee-Ann . As Tee-Ann well knows , we had an issue that
happened on Election Day.
Supervisor Valentino — We have the letter. I was going to take care of it under correspondence but . . .
Councilman Burbank — That's fine . We can go back to it.
Supervisor Valentino — Highway Superintendent?
Councilman Engman — I ' m not sure which this came under . We had a copy of the Town of Ithaca webpage and
it says on the website , "this page explains how to obtain copies of any board minutes" and I wasn't clear, do we
not post board minutes on the website?
Mrs . Hunter — No .
Councilman Engman — Why?
Mrs . Hunter — Well , we've had long discussions about that . All the resolutions , the formal actions of the board
are on the website . Copies are available at Town Hall . We talked long and hard about having your
name . . . people who come to speak before and bring their issues before the board to talk on a variety of things
have a ramification of that dialog , being have your name and your comments posted on the web .
Supervisor Valentino — Aren't they part of the public record ?
Attorney Barney — Its part of the public record , but its not quite as public .
Mrs . Hunter — It is part of the public record , but we don't have to broadcast it . Now this maybe something the
board would like to do , its just the ramifications . . .
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ITHACA TOWN BOARD
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APPROVED APRIL 12, 2004
Councilman Engman - I never thought of that before . As I ' m pondering it, maybe I just had not thought of that
point before .
Mrs. Hunter - Imagine you came here and you came opposing a development and then you applied for a job . . . l
don 't know . There could be all sorts of ramifications of. . .
Supervisor Valentino - Somebody saw your name there . . .
Councilman Burbank - By the same token someone could be quoted in the Ithaca Journal the next day. I am
concerned that we are cutting off valuable information in terms of the work and the discussions that are
happening by failing to make that easily accessible to people .
Mrs . Hunter - It is very easily accessible to people .
Councilman Burbank - Well , no . . . but , by really, truly electronic means which is . . .
Attorney Barney - I think part of it is a little bit of a legal concern in that depending when you put the minutes on ,
they may or may not have been approved by the board that they represent. The Planning Board , for example ,
the minutes go through pretty routine revisions at the next meeting or sometimes even two or three meetings
later. I would be uncomfortable in having the minutes , as your legal advisor , going on immediately until those
revisions are made . Then of course by then in many respects is outdated because you 've moved on and have
four more or ten more projects .
Supervisor Valentino - Well we could put them on after they are approved .
Attorney Barney - The other thing is that we do minutes that are far greater in terms of the amount of discussion
and detail than as a ) as required by law and b ) as a lawyer I . . . ( not audible ) .
Councilman Burbank - But not as much as we used to as you recall .
Attorney Barney - So that is the other reason that when it came up at one of the staff meetings , I suggested that
we wouldn 't rush to put them on .
Mr . Carvill - I would just like to say personally, you are putting me on the Internet .
Mrs . Hunter - Right. I don't want to go on the Internet.
Mr. Carvill - I don 't want my name on the Internet . I don't want . . . I believe in Town meetings . I believe in
voicing my opinion and everyone in entitled to that, but that is within my community and I don't care to become
a global statement and I am concerned about that. That is my doing . When I personally come before my Town
Board or community of services that is within my community . But I am concerned about other people in
California or Alabama or wherever misinterpreting or using my name on the Internet. That is just a personal
concern .
Councilwoman Grigorov - I hadn 't thought of that.
Councilwoman Gittelman - I had another thought as we were talking about this , which is surely we don 't want all
the secreal locations and repetitions of a lot of the arguments at public hearings for example and maybe we
don 't want our own little jokes . . .
Supervisor Valentino - They always edit that out .
Councilwoman Gittelman - There is clearly a wade spectrum between reporting everything and the meat.
Mrs . Hunter - The formal , which is every resolution passed by the board goes up on the web. All resolutions .
Those are all your formal actions . But what of somebody comes before the Zoning Board because you come
before the Zoning Board of Appeals because you want to build a grandmother' s cottage behind your home for
60
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL 12 , 2004
your disabled , elderly mother who is going to be in there all by herself. Every weekday while you are off at work,
do you want that information up on the web internationally?
Attorney Barney — Another consideration also is the claim that you . misquote somebody. Like we had a very
extensive discussion the other night by a gentleman from up on West Hill that went on for 35-40 minutes and to
® try and synopsize what he said would be . . . the minutes are going to reflect 3 or 4 pages of what he said . I can
see that gentleman coming in and saying hey, you didn't put in the part about this and you left out that part and
you misquoted me on that. So you are just inviting additional work and the people at the Town Offices are
already pretty heavily burdened with work to do .
Supervisor Valentino — Well , anyway, we probably are not going to resolve this tonight. So lets all think about it.
Councilman Engman — I was going to suggest that. I have some other things that are in favor of it, but I think it
would be better to ponder it first and then have a discussion at another time when we all could have thought
more about it.
Supervisor Valentino — Maybe a few of us could get together and ponder a little bit.
Councilman Burbank — And even more basic in that we are talking about networking , you'll note that someone
had complained that they couldn't actually access our website . That someone happens to be me . Ever since
we developed that wonderful little rotating imagery from South Hill , I have not been able to successfully get into
the . . .
Mr. Carvill — That is removed as of today .
Councilman Burbank — Oh , I am so happy and hopefully that is the corrective measure.
Councilman Stein — I am going to make my first comment about this . It makes me wild when people make
websites that you can only have the latest version of Microsoft Explorer or otherwise you can't see and I think if
you want people to be able to read our website we want to be careful to only require a person to have a slight
out of date version of explorer or netscape that they are able to access . You want to be careful not to insist that
people have the latest version of something .
Councilman Burbank — Or have that as an option so you can read at a basic level and a more advanced level .
Good . I look forward to seeing out website .
Supervisor Valentino — They corrected that today because I think they were a couple of other people . . . but
anyway . . .
Councilman Burbank — So it was me personally.
Mr . Walker — Its just our firewall , Will . Its got your name in it .
Supervisor Valentino — So hopefully it was fixed today. Engineering , did anyone have any questions for Dan in
his report? Any questions for Jonathan on his report?
Mr . Kanter — I was just going to remind everyone that we gave you the packets for next week's special meeting
on the Overlook . So everything you ever wanted to know about the Overlook may not be in there, but if we left
anything out let us know.
Councilman Stein — We probably won't get far enough to notice .
Mr. Kanter — If we overlooked anything , let us know .
Supervisor Valentino — Hopefully we will go through the hearing and be able to vote at the end of the hearing on
that issue . Most of us have sat through the Planning Board hearings already. So we will just prepare ourselves
to hear it all over again , probably . All right. Director of Building and Zoning , questions for Andy? Andy, did you
have anything you needed to add ?
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ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
Councilman Engman — This is something that I just assume there is an easy answer to , in the report on page 1
under revenue and expense summary , it says that under sewer the sum expended is 40 .6 percent. I assume
we should not be worried that in January and February we expended 40 .6 percent of the budget.
Mr. Carvill — It depends on how the year progresses .
Supervisor Valentino — We had a huge , big payment to the City of $661 , 000 that was budgeted . So there were
some big , budgeted expenses that went out early in the year.
Councilman Engman — The other question I had was just terminology I didn't understand . Under revenue
expense summary on page 2 , its says percent earned under revenue and percent unearned . How does one
have unearned revenue?
Mr. Carvill — We have budgeted $ 1 , 000 , 000 . we have earned $500 , 000 so far through the year.
Supervisor Valentino — We've got sales tax money coming in during the year. It doesn't all come in, in taxes. A
lot of it comes at the quarters.
Councilman Engman — I just didn't understand the terminology .
Supervisor Valentino — Any questions for Judy's Human Resource report? Judy, did you have anything you
wanted to add ?
Mrs . Drake — I just wanted to add that we' re actually going . . . Tee-Ann , Sandy and I are going to be interviewing
Historian applicants on Wednesday. So we are progressing forward with that. Sandy, I have a packet for you .
Supervisor Valentino — I 've got the Receiver of Taxes report. It looks like our taxes have been coming in very
well . People are at least paying their taxes even though they don't like it and we haven't gotten that many
complaints either. And you've got your Network/Records Specialist, we just already talked about that a little bit I
guess . John , did you have any report?
Attorney Barney — No. I think we mentioned the Pew Trail . We are hoping to close that I think in the next few
weeks . We actually had sent the documents back to John Young because he forgot to sign one spot on the
thing , but its coming back .
Mr. Walker — Coy Glen .
Attorney Barney — Coy Glen Pump Station , but that is ready to be closed out.
Agenda Item No . 30 — Review of Correspondence
Supervisor Valentino — Does anybody have any thoughts or questions about the correspondence that you got?
I 've got one . The letter that Will mentioned that I 've got saying that . . . reminding you that you offered your
assistance . Will was at the polling place when this little incident occurred , if you want to call it an incident. That
a . . . I kind of resent that she put "black woman" in there .
Councilwoman Grigorov — Yeah , I was reading that over your shoulder here .
Supervisor Valentino — That part was not necessary. "You present at the Seven Mile Drive when we explained
that a black woman had come into the station and complained that it was so far out of town that she could not
get there by bus from Linderman Creek . Shortly after you left another black woman came into the polling place
and also complained that it had taken her several hours to find a ride to the polls."
Now , there are two things here . They are talking about Linderman Creek and if we are talking about changing
polling places , it is extremely difficult for us to move them or make changes because of the way the districts are
set up by the Census Bureau and all that . The Town of Ithaca , as elected officials , has never provided any kind
62
ITHACA TOWN BOARD
MARCH S , 2004
APPROVED APRIL 12 , 2004 .
of transportation for people or should we, and I think that it is unfortunate that these two women didn't either call
the political parties that always provide rides . I know I have driven people many times or even at . . .
Councilman Stein — That's how one of them got there . I took the call .
® Supervisor Valentino — You took call and drove . . .
Councilman Stein — I didn't do the driving .
Supervisor Valentino — And complained it took her several hours to get there. Okay, so they did get a ride .
Councilman Stein — It took several hours because I didn't pick up the message until after several hours she
made it.
Supervisor Valentino — Oh , that's why it took her several hours to get there. It wasn't that she was walking all
that time. The other thing at Linderman Creek, if they talk to management there , they also are very helpful in
trying to help people get there . I don't think there is anything , unless you 've clot an idea , that we could or should
be doing . We have to be careful of not being accused of taking people to the polls . . .
Councilman Burbank — I ' m very aware of that. Actually, Tee-Ann and I happened to be there at the same time.
Tee-Ann was checking out the site and I was there to vote and this election inspector had shared this story of
this woman who had gone through extraordinary effort to get there. I mean it was just really amazing how
much . . . I mean we think of Americans who are too lazy to vote . This woman spent hours literally getting to our
polling place . And I was just wondering as we are urbanizing this area of Town with hopefully creating an
environment where not everybody has to be completely dependent on a car, but that we still have our polling
space essentially only by a very long drive and no good bus connections . Can that be factored into our
thinking? Short term there are some other things that could be done for communities such as Linderman Creek.
Yes, if it' s a party primary making . . . encouraging the parties to advertise the availability of rides. Perhaps
arranging with Gadabout for a run . . .
Supervisor Valentino — Actually at Ellis Hollow when they first stopped us from using that as a polling place and
we had to go over . . . the democratic party and the republican party pooled money together and hired Gadabout
to transport those people over there . Again , I think the political parties can play a major role in doing things like
this and getting people to the polls . I think that is more their responsibility than ours .
Councilwoman Grigorov — We have to establish where the polling places are , it should be a consideration .
Supervisor Valentino — It always is . Its always a consideration .
Councilwoman Gittelman — It also has to be . . .the political parties have to advertise that they will take people
because I know when I worked for the democratic party in several states and I 've been on the list to go get
people who haven't voted and partially it is people who call in and partially its people calling from the party who
then find someone who says I 'd like to vote but I can 't get there .
Supervisor Valentino — Then we go get them .
Councilman Stein — I ' m hoping we can adjourn soon . I think this could be a long discussion because it is not
normally part of our function to bring people to the polls .
Supervisor Valentino — I think that letter was addressed to Will and he probably needs to answer it.
® Councilman Burbank — But it is part of our function to establish and maintain polling places . This is, a problem
that I hope we can address for the next . . .
Councilman Lesser — Its not the only place. Most of the places that are handicap accessible and have sufficient
parking for people who indeed do drive are limited and many of them are not accessible frorn public
transportation . But perhaps in the worse case scenario we can remind people that they can always request an
absentee ballot if there is no other way they can get there .
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APPROVED APRIL 12 , 2004
Councilwoman Grigorov — Good idea .
Supervisor Valentino — So that's another option . When we work on the polling places that is always our
consideration . There are places that don't want us to be there that would be ideal . There are some kinds of •
places that we can't use and again it is a difficult process but it is always working with the County Board of
Elections and the Town Clerks . . . an ongoing consideration to try to do that.
Councilman Burbank — And not to drag this out, but one last problem that I am aware of in that particular polling
place is the lack of a lighted sign that identifies it at night to people who are unfamiliar with driving to our Public
Works Facility. I was talking to Fred as you were coming again about the feasibility about maybe getting a light
so that if it is evening you could know that you are at the Town at the right place because you drive on Seven
Mile Drive and you are unfamiliar, you are not necessarily going to know you are in the right place . There is no
lighted sign .
Mr. Noteboom — There is a light in there , but it doesn't light the sign .
Councilwoman Gittelman — At the driveway to the polling place there is a sign that says polling place .
Supervisor Valentino — Yeah , but its not lighted .
Councilwoman Gittelman — Oh , I see .
Councilman Burbank — Schools and fire stations tend to be more known to the neighborhood whereas our
highway facility is not generally . . .
Supervisor Valentino — We should talk about that at Public Works .
Councilman Burbank — There you go .
Supervisor Valentino — Okay . One another thing while we are just kind of talking about this , I wanted to bring to
people' s attention just for a minute is that our staff lately has been stretched more than usual . It is always
stretched for work, but we have actually had to hire a part time person to help do minutes because we've had so
many meetings. So the workload in trying to get everything done that needs to get done that they usually do in
such a fast efficient way has slowed down to some extent because of all the minutes of all these meetings. I
was just going to say if you don't get an answer back from the staff as quickly as you have been used to in the
past, please try to be considerate while we try to get through this area of trying to get all these things out the
door , especially the minutes that they have had to do has been horrendous lately. So I know you'll take that into
your consideration .
The next thing is the Conifer .
Additional Agenda Item No. 1 — Conifer, Ellis Hollow Resolution of Support (Attachment #12 — Memo
from S . Ritter)
Supervisor Valentino — This is what you heard the people come and speak about and this is what I am going to
ask of you tonight. Here is the dilemma I have been going through with this. there is two requests for letters for
support that would come out under the Town Supervisor' s signature that have been in front of me. One is for
the Overlook should we pass that that need a letter of support from the municipality to do that. The other one is
the Ellis Hollow one that you heard tonight that is very worthy, very. . . it is a place that we have supported for a
long period of time . I was concerned . . . I want to write letters of support to both of these places and I was
concerned that one might be in competition with the other one . So I 've talked with the groups and have pretty
much decided that by looking at the information that has been provided to me from both groups that they are not
in direct competition although they kind of looked at how many come from the same area because the one at
Ellis Hollow is a rehab for elderly. It comes from one pocket of money and the one that is Overlook is new
construction and is done somewhat differently. I hate to have you or me be in the position of choosing one over
the other. I would . . .
64
ITHACA TOWN BOARD
MARCH 8 , 2004
APPROVED APRIL. 129 2004
Councilman Stein — These go to the same place?
Supervisor Valentino — No.
Mr. Kanter — Well , yeah . They both go to the Division of Housing and Community Renewal for affordable and
low income housing and tax credit program , but they are under two separate pots of money.
Councilman Stein — Is the decision maker the same or is it separated in functions?
Supervisor Valentino — I think they are different decision makers . I haven't gotten the information from Aris yet
because we haven't approved that thing , but my understanding is that they go to different places because for
the Ellis Hollow one it goes specifically to a group that is for elderly. I ' m not sure . . . I don't know . . . probably for
another day or two if the Aris . one is the same , if they go to the same place or not. I tend to doubt it. But I guess
what I ' m asking is for is could I send the support letter for Ellis Hollow using the same draft that I used last year
because they got turned down . I have to just send it to a different person and update it a little bit. Then we
have to look at the pilot agreement and dig it out because they are not sure . . . my understanding is we approved
it for 30 years , but because they are going to a new ownership we might have to redo that. So I would need
your . . . basically what I would ask for with the help of our attorney, if you would authorize us to send the support
letter in support of the pilot and they are talking about the pilot being essentially the same . It is tax credits . Is
that okay with everyone? Then the other one is . . . that's it.
Supervisor Valentino — Who made the motion?
Mrs. Hunter — Peter did .
Councilman Lesser — And I seconded .
Supervisor Valentino — All in favor?
All aye .
TB RESOLUTION NO, 2004-056: Supporting the application of Conifer Realty, LLC to the New York State
Division of Housing and Community Renewal to obtain the fundinq assistance necessary to rehabilitate
the Ellis Hollow Apartments as Housing for Senior Citizens and Supporting the Concept of a New
Payment in Lieu of Taxes (PILOT) Agreement Related to Ellis Hollow Apartments
WHEREAS, the Town Board has consented in TB . Resolution No. 2003-010 to the assignment to
Conifer Ellis Hollow, LLC, of the Payment in Lieu of Taxes (PILOT) Agreement between the Town of Ithaca and
Groff Associates dated November 20, 1973 as amended by an Agreement dated June 22, 1994 between the
Town of Ithaca, Ellis Hollow Associates and the County of Tompkins; and
WHEREAS, Conifer Realty has acquired the Ellis Hollow Apartments at 1028 Ellis Hollow Road, and
proposes to rehabilitate said apartment complex, including, but not limited to, the replacement of the roof,
windows, exterior siding, installation of a new heating system, addition of an elevator and a new community
room, and complete renovation of each of the apartment units in order to continue its use as housing for the
senior citizens of this community; and
WHEREAS, Conifer Realty, LLC will be submitting an application to the New York State Division of
Housing and Community Renewal (DHCR) for the funding assistance necessary to rehabilitate the Ellis Hollow
Apartments; and
WHEREAS, Ellis Hollow Apartments presently is financed with a HUD Section 236 mortgage and a
"project-based" Section 8 housing assistance payment contract (HAP), providing low rents for income eligible
residents; and
WHEREAS, Conifer Realty, LLC proposes to pay off the HUD Section 236 mortgage, which would
terminate the HAP, and obtain the necessary financing from other sources, including the NYS DHCR, which
would result in the need for a new PILOT agreement with the Town of Ithaca and Tompkins County; and
65
ITHACA TOWN BOARD
MARCH 8, 2004
APPROVED APRIL 12 , 2004
WHEREAS, Conifer Realty, LLC, continues to assure the Town that it intends to continue to operate the
facility as housing for the elderly of low income, and that if the application for funding assistance from the NYS
DHCR is successful, the tenants ' share of rental payments for income eligible residents will not increase;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby finds that it is in the best interests of the
Town and the residents of the Ellis Hollow Apartments to continue the long term use of the Ellis Hollow
Apartments as housing for the elderly of low income; and it is further
RESOLVED, that the Town Board of the Town of Ithaca does hereby support the proposal and
application of Conifer Realty, LLC for funding assistance from the NYS DHCR for the rehabilitation of the Ellis
Hollow Apartments in order to retain it as housing for the senior citizens of this community, and encourages the
NYS DHCR to approve the funding assistance necessary to implement the proposed improvements; and it is
further
RESOLVED, that the Town Board of the Town of Ithaca does hereby agree in concept to consider
entering into a new PILOT agreement with Conifer Realty, LLC and Tompkins County if the request for funding
assistance from NYS DHCR is approved, subject to the specific terms and conditions of said agreement being
approved by this Board, and it is further
RESOLVED, that the above statements of support are based upon the facts presented to the Town and
the assurances of Conifer Realty, LLC, that the Ellis Hollow Apartments will continue to be operated as housing
for the elderly of low income.
MOVED: Councilman Stein
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.
Councilwoman Gittelman — What happened to the discussion about the same sex marriages?
Supervisor Valentino — That' ll come up in executive session . We still have an executive session to go yet.
Okay . . So now we need to move into executive session for the acquisition of real property that we need to talk
about and the other is possible litigation concerning same sex marriage .
Executive Session
On motion by Supervisor Valentino , seconded by Councilwoman Grigorov, the Board entered executive session
for discussion of possible litigation and real property acquisition at 9 :50 p . m .
On motion by Supervisor Valentino , seconded by Councilman Lesser , the Board returned to regular session at
10 : 30 p . m .
On motion by Councilman Lesser, the meeting was adjourned at 10 :31 p . m .
Respectfully submitted ,
Tee-Ann Hunter
Town Clerk
Special Meeting March 15, 2004
Next Regular Meeting April 12, 2004
66
ATTACHMENT # 1
'town Board Meeting 3/8/04
Agenda Item 7
ORDINANCE AMENDING THE ORDINANCE REGULATING TRAFFIC
AND PARKING IN THE TOWN OF ITHACA TO PROVIDE FOR INSTALLATION OF
STOP SIGNS IN THE SOUTHWOODS AND SAPONI MEADOWS SUBDIVISIONS AND
RELOCATING A STOP SIGN FROM BIRCHWOOD DRIVE: TO PINEWOOD DRIVE
Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the
Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Ithaca,
Tompkins County , New York, does ordain and enact as follows :
Section 1 . Territory Affected . This ordinance shall be applicable to all territory within the
Town of Ithaca outside of the incorporated Village of Cayuga Heights .
Section 2 . Amending of Prior Ordinance . The ordinance amending and restating ordinance
regulating traffic and parking in the Town of Ithaca, adopted April 12 , 1999 , and amended October
4, 1999 , January 14 , 2002 , and November 7 , 2002 , is hereby further in the following manner:
1 . By adding to the list on SCHEDULE A relating to stop signs the following entries :
"On Apple Blossom Lane at its intersection with Peachtree Lane"
"On Amber Lane at its intersection with Seven Mile ]Drive"
"On Southwoods Drive at its intersection with East King Road"
"On Eldridge Circle at its intersection with Southwoods Drive"
"On Peachtree Lane at Seven Mile Drive"
"On Pinewood Place at its intersection with Birchwood Drive South"
2 . By deleting from said list on SCHEDULE A relating to stop signs the following entry :
"On Birchwood Drive South at Pinewood Place, westbound approach"
Section 3 . Effective Date . This ordinance shall be effective 10 days after publication and
posting in accordance with Section 133 of the Town Law .
Town Board Meeting March 8 , 2004 ATTACHMENT # 2
Draft 1
ORDINANCE PROVIDING FOR THE REGULATION
OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE
Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York,
the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as
follows :
SECTION L "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 21 "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 vessel 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" 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 hour 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 in water skiing to take off or land .
SECTION 8 . No person shall operate a PWC at any time before 10 a. in . or after the earlier of
8 : 00 pm or one-half hour before sunset .
SECTION 9. 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 10 . In no case shall the noise level of any watercraft, or any activities conducted
from such watercraft, exceed 65dBA during daytime and 55dBA during nighttime .
SECTION 11 . This Ordinance shall apply only to those portions of Cayuga Lake falling under
the jurisdiction of the Town of Ithaca.
SECTION 12 . This Ordinance shall become effective April 1 , 2004, or 10 days after publication
of a copy of this Ordinance or a summary or abstract of same in the official newspaper of the
Town as required by Town Law Section 133 , whichever is later.
` r
Draft 2
ORDINANCE PROVIDING FOR THE REGULATION
OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE
Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York,
the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as
follows :
SECTION 1 . "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 vessel 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" 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 hour 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 in water skiing to take off or land .
SECTION 8 . No person shall operate a PWC at anytime before 10 a. m . or after the earlier of
8 : 00 pm or one-half hour before sunset .
SECTION 9 . 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 10 . This Ordinance shall apply only to those portions of Cayuga Lake falling under
the jurisdiction of the Town of Ithaca.
SECTION 11 . This Ordinance shall become effective April 1 , 2004, or 10 days after publication
of a copy of this Ordinance or a summary or abstract of same in the official newspaper of the
Town as required by Town Law Section 133 , whichever is later.
Draft 3
ORDINANCE PROVIDING FOR THE REGULATION
OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE
Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York,
the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as
follows :
SECTION 1 . Definitions.
A. "Vessel" shall mean "vessel" as defined in Subdivision 6 of Section 2 of the New
York State Navigation Law or any successor or amendment to such subdivision
and section.
B . "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.
C . "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 .
D . " Specialty prop-craft" shall mean a Vessel which is powered by an outboard motor
or propellor driven motor 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 .
E. "Non-motor Powered Vessel' shall mean a Vessel 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 .
F . "Cayuga Lake" 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, located in the Town of
Ithaca.
G. " 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.
H. "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 hour after
sunrise .
• 0
SECTION 2 . Vessel Regulation Zone. 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 in water skiing to take off or land.
SECTION 3 . Limits on operations of PWCs and Specialty Prop-Craft . No person shall operate a
PWC or a Specialty Prop-Craft at any time before 10 a. m. or after the earlier of 8 : 00 pm or one-
half hour before sunset .
SECTION 4. Limits on operators under sixteen years of age. No person under the age of 16
years may operate a PWC or Specialty Prop-Craft 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 5 . Limitations on noise levels. In no case shall the noise level of any watercraft, or
any activities conducted from such watercraft, exceed 65dBA during daytime and 55dBA during
nighttime.
SECTION 6 . Applicability. This Ordinance shall apply only to those portions of Cayuga Lake
falling under the jurisdiction of the Town of Ithaca.
SECTION 7. Violations. A violation of this Ordinance shall be punishable as set forth in Section
73 -c of the New York State Navigation Law or any successor or amendment to such section.
SECTION 8 . Effective date, This Ordinance shall become effective April 1 , 2004, or 10 days
after publication of a copy of this Ordinance or a summary or abstract of same in the official
newspaper of the Town as required by Town Law Section 133 , whichever is later.
SECTION 9 . Partial Invalidity. If any provision of this Ordinance is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this Ordinancd
which shall remain in full force and effect .
Draft 4
ORDINANCE PROVIDING FOR THE REGULATION
OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE
Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York,
the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as
follows :
SECTION 1 . Definitions .
A. "Vessel" shall mean "vessel" as defined in Subdivision 6 of Section 2 of the New
York State Navigation Law or any successor or amendment to such subdivision
and section.
B . "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.
C . "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 .
D . " Specialty prop-craft" shall mean a Vessel which is powered by an outboard motor
or propellor driven motor 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.
E . "Non-motor Powered Vessel' shall mean a Vessel 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 .
F . "Cayuga Lake" 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, located in the Town of
Ithaca.
G. " 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 .
H. "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 hour after
sunrise.
e
y
SECTION 2 . Vessel Regulation Zone. 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 in water skiing to take off or land .
SECTION 3 . Limits on operations of PWCs and SpecialtyProp-Craft . No person shall operate a
PWC or a Specialty Prop-Craft at any time before 10 a. m. or after the earlier of 8 : 00 pm or one-
half hour before sunset .
SECTION 4 . Limits on operators under sixteen years of age. No person under the age of 16
years may operate a PWC or Specialty Prop-Craft 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 5 . Applicability. This Ordinance shall apply only to those portions of Cayuga Lake
falling under the jurisdiction of the Town of Ithaca.
SECTION 6 . Violations . A violation of this Ordinance shall be punishable as set forth in Section
73 -c of the New York State Navigation Law or any successor or amendment to such section.
SECTION 7 . Effective date. This Ordinance shall become effective April 1 , 2004, or 10 days
after publication of a copy of this Ordinance or a summary or abstract of same in the official
newspaper of the Town as required by Town Law Section 133 , whichever is later.
SECTION 8 . Partial Invalidity. If any provision of this Ordinance is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this Ordinancd
which shall remain in full force and effect .
Town Board Meeting March 8 , 2004 ATTACHMENT # 3
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 comp leted by Applicant or Project Sponsor)
1 . Applicant/Sponsor 2 . Project Name
Adoption of an Ordinance Providing for the Regulation of
Town of Ithaca Town Board Watercraft in Certain Shoreline Areas of Cayu a Lake.
3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : )
Cayuga Lake within Town of Ithaca boundaries .
Tax Parcel Number: N/A
4. Is proposed action :
NEW? X EXPANSION? MODIFICATION/ALTERATION? _
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and
other relevant items) :
Adoption of an ordinance providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake . The
ordinance would include speed limits for watercraft within certain designated distances of the shoreline, time restrictions
for the operation of personal watercraft anywhere within the Town ' s jurisdiction on Cayuga Lake, and age restrictions for
the operation of personal watercraft.
(Attach separate sheet(s) if necessary to adequately describe the proposed project. )
mount of land affected : N/A
Tally (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 X Commercial X
Industrial X Agriculture Park/Forest/Open Space X Other__
Please Describe :
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 1S TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type) : Catherine Valentino Supervisor, Town of Ithaca
Signature and Date : W '�
y
T II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary)
f oes proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law?
ES NO X If yes, coordinate the review process and use the full EAF.
. Will proposed action receive coordinated, review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following :
( Answers may be handwritten, if legible)
C1 . Existing air quality, surface or groundwater quality, noise levels, existing; traffic patterns, solid waste
production and disposal, potential for erosion , drainage or flooding problems ? Explain briefly ,
None anticipated. The ordinance is intended to reduce noise levels of watercraft in the vicinity of the shoreline
and to reduce safety hazards associated with the operation of watercraft near the shoreline .
C2 . Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly :
None anticipated. The ordinance should help to reduce conflicts between use of watercraft on the Lake near the
shoreline and uses along the shoreline, particular in residential and recreational areas .
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 T\/[AY 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 Prepa is Signature(lf different from Responsible Officer)
atherine Valentino Supervisor
e & title of Responsible Officer In A—g—en�cy� Signature of Contributing Preparer
DATE : March 8 , 2004
Signature of Responsible Officer in Lead Agency
March 8 , 2004 Town Board Meeting ATTACHMENT # 4
ORDINANCE PROVIDING FOR �FHE REGULATION
OF WArFERCRAKh IN CEWFAIN SHORELINE AREAS OF CAYUGA LAKE
Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York, the
Town Board of the 'hown ol' Itliaca, "hompkins County, New York, rloes ordalin and enact as
follows :
SECTION 1 . Definitions .
1 . "Vessel " shall mean "vessel " as defined in Subdivision 6 of Section 2 of the New
York State Navigation Law or any successor or amendment to such subdivision
and section .
2 . "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 .
3 . "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 .
4 . " Specialty prop-craft" shall mean a Vessel which is powered by an outboard
motor or propellor driven motor 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 .
5 . "Non-motor Powered Vessel" shall mean a Vessel 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 .
6 . "Cayuga Lake" 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, located in the Town of
Ithaca.
7 . "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.
8 . " 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 hour after
sunrise .
SECTION 2 . Vessel Regulation Zone . 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 1 .500 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 in water skiing to take off or land .
SECTION 3 . Limits on operations of PWCs and Specialty Prop-Craft. No person shall operate a
PWC or a Specialty Prop-Craft at any time before 10 a. m. or after the earlier of 8 : 00 pm or one-
half hour before sunset.
SECTION 4 . Limits on operators under sixteen years of age . No person under the age of 16
years may operate a PWC or Specialty Prop-Craft 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 5 . Limitations on noise levels . In no case shall the noise level of any watercraft, or
any activities conducted from such watercraft, exceed 65dBA during daytime and 55dBA during
nighttime .
SECTION 6 . Applicability. This Ordinance shall apply only to those portions of Cayuga Lake
falling under the jurisdiction of the Town of Ithaca.
SECTION 7 . Violations . A violation of this Ordinance shall be punishable as set forth in
Section 73 -c of the New York State Navigation Law or any successor or amendment to such
section .
SECTION 8 . Effective date . This Ordinance shall become effective April 1 , 2004 , or 10 days
after publication of a copy of this Ordinance or a summary or abstract of same in the official
newspaper of the Town as required by Town Law Section 133 , whichever is later.
SECTION 9 . Partial Invalidity. If any provision of this Ordinance is Found inwedid by Suzy court of
conipctent jurisdiction , such invalidity shall not affect any oilier provisions of this Ordiniulcd which
shall remain in Full force and elfect.
March 8 , 2004 Town Board Meeting ATTACHMENT # 5
TOWN OF ITHACA
WATER FUND
LONGTERM SERIAL BOND BORROWING
$ 1 , 000 , 000
Bostwick Road Water Tank & Transmission Main
15 YEAR FINANCING @ 3.88%
YEAR PRINCIPAL YEARLY PAYBACK YEARLY BONDS OUTSTANDING
BORROWING PRIN - 2/12 INT - 2/12 F NT - 8/12 AMOUNT DUE & UNPAID EACH YEAR
c 2/ 12/2005 1 , 000,000.00 66 ,000.00 19,400. 00 18, 119.60 103,519. 60 934,000. 00
2/ 12/2006 934,000. 00 66, 000. 00 18, 119. 60 16,839 .20 100, 958 . 80 868 ,000. 00
2/12/2007 868 , 000. 00 66,000. 00 16, 839. 20 15, 558 . 80 98 , 398 . 00 802, 000. 00
2/ 12/2008 8022000 . 00 66,000.00 15558. 80 14,278.40 95 ,837 . 20 736,000. 00
2/12/2009 736,000. 00 66 ,000. 00 14, 278.40 12,998 . 00 93,276. 40 670,000. 00
2/12/2010 670,000. 00 679000.00 12,998 . 00 117698 .20 91 ,696. 20 603,000.00
2/ 12/2011 603,000.00 671000. 00 11 , 698. 20 10 ,398.40 89 ,096. 60 536, 000.00
2/12/2012 536, 000.00 67,000. 00 10 ,398. 40 91098 . 60 86,497. 00 469 ,000. 00
2/12/2013 469 ,000 .00 67 ,000 .00 9,098. 60 7,798.80 83 ,897. 40 402,000. 00
2/12/2014 4029000 .00 67 , 000. 00 7,798.80 61499.00 81 ,297 . 80 335 ,000. 00
2/12/2015 335, 000 . 00 67 ,000 . 00 61499.00 51199.20 78 , 698 . 20 268, 000.00
2/12/2016 268, 000 . 00 67 , 000. 00 51199. 20 39899.40 76,098. 60 201 ,000.00
2/ 12/2017 2019000 . 00 67 , 000. 00 39899.40 2 ,599.60 73, 499 . 00 1347000.00
2/12/2018 134,000. 00 67 , 000. 00 21599.60 11299. 80 70 , 899 . 40 67 ,000. 00
2/12/2019 67 ,000 . 00 673000. 00 1 , 299. 80 68 ,299 . 80 -
PRINCIPAL PAID $ 110009000
INTEREST PAID $ 155, 685 $ 136,285
TOTAL DEBT PAID $ 1 , 311 , 370
Page 1
March 8 , 2004 Town Board Meeting ATTACHMENT # 6
TOWN OF ITHACA l
PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD
FROM : JONATHAN KANTER, DIRECTOR OF PLANNING
RE : SKY GARDENS CONDOMINIUMS PROPOSAL, MECKLENBURG ROAD
DATE : MARCH 2 , 2004
The March 8'h Town Board agenda includes a continuation of the sketch plan discussion regarding
the proposed Sky Gardens Condominiums (at approximately 7 : 00 p . m . ) . The applicant has already
provided sketch plans of the proposal (at the February 91h meeting) . Since then, Town Board
members had the opportunity to visit the Mecklenburg Road site . At the Town Board ' s request,
neighbors in the vicinity of the proposed site have been notified of the :March 8th sketch plan
discussion.
Attached is another copy of the Property Analysis prepared by the Planning Department with
descriptions of the site and surrounding area, and comments regarding the proposal (this is the same
as the property analysis distributed at the Feb . 91h meeting) . Included again are materials previously
provided by the applicant, including a cover letter with the rezoning request and a project
description in narrative form . Some Board members received an aerial photo of the site and
surrounding area — we are providing additional copies in case any Board members did not receive
that . [We do not have additional copies of the sketch plan map — please bring your copy that was
provided either at the Feb . 91h meeting or at the site visit. ]
This would be classified as 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 as 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 March 8th Meeting :
• Consider referring rezoning proposal to Planning Board for recommendation .
• Consider requesting that Planning Board establish itself as Lead Agency to coordinate
the environmental review, if referred .
Representatives of the applicant will again be present at the March 81h meeting and will be available
to answer questions from Town Board members . Meanwhile, please feel free to let me know if you
have any additional questions regarding this matter prior to the meeting.
Att.
cc : John Rancich
Katrina A Thaler, Thaler & Thaler Attorneys
2
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 jR- 1.5 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 mina 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 issuel 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 .
.oi. n of Ithaca Phiiining Depart2-rient 2
February 3 , 2. 004
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 ( 19:11 - 1990)
Guy K. Krogh
Thomas D. Cramer Telephone: (607) 272-2314
Sharon M. Sulimowicz Service By Fax or Other Electronic
Fax: (607) 272 -8466
- - - Communication Not Accepted
Andrew J. Bonavia Kathaler@thalerandthaler. com
Kate M. Powers
Katrina A. Thalert talso admitted in Massachusetts
John F. Mares tt ttadmitted only in New Mexico
Kristin R. Muenzenttt tttadmitted only in Wisconsin
January 21 , 2004
n
Ms . Cathy Valentino
Town Supervisor
s-' U
Town of Ithaca JAN 12004
215 North Tioga Street
Ithaca NY 14850 p` TOWN a ,- IT HACA
� r, n ; nlr ;:; f '. ! G ENGINEERING
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 raining
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
G�titC�
6
Katrina A . Thaler
Enclosures
cc: Mr . John Rancich
Richard B . Thaler, Esq.
SKY GARDENS CONDOMINIUM
SKY GARDENS CONDOMINIUMS ---� r�
PROPOSAL FOR 200 UNI ? Si " J01 21 2004
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
abOndoning 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 Undermen Creek Apartments.
Our original proposal, made September 30`x, 2003, was for 1140 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 10
acres zoned R45 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
• . - . • . • • • . / e
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r = Sky Gardens fitness center with its exercising equipment and
2WO Feu ` our tennis courts, jogging and biking trails also provide the
xF added benefit as being an excellent source of exercise as well.
Not only has exercise been proven to The an excellent tool in the
prevention of many illness such as heart disease, but playing
tennis, jogging and biking are great ways to reducing stress .
Our owners will have the added benefit of enjoying an exercise program right in their
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.
a
OF 17)
TOWN OF ITHACA `
�4 ie zi 4� 215 N . Tioga Street , Ithaca, N. Y . 14850
www . town . ithaca . ny .us
TOWN CLERK 273 - 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273- 1747
PLANNING 273 - 1747 ZONING 273- 1783
FAX (607) 273- 1704
TOWN OF ITHACA TOWN BOARD
NOTICE OF SKETCH PLAN DISCUSSION
Notice is hereby given that the Town of Ithaca Town Board will consider a sketch
plan for the proposed Sky Gardens Condominiums, located on the north side of
Mecklenburg Road (Tax Parcel No . 27-1 -14.2), approximately 1 ,900 feet west of the
Town of Ithaca / City of Ithaca boundary and opposite Rachel Carson Way, on
Monday, March 8, 2004 at approximately 7:00 p .m. at Town Hall, 215 North Tioga
Street, Ithaca, NY .
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 approximately 200 market-rate
condominium units, and to consider referring the proposal to the Planning Board for
a recommendation . This is not a public hearing, and is a continuation of a
preliminary discussion that was held at the February 9, 2004 Town Board meeting .
Members of the public are welcome to attend the March 8`h sketch plan discussion
for informational purposes . Sketch plan materials are available for review in the
Town of Ithaca Planning Department by calling 273-1747.
Jonathan Kanter, A .I.C .P.
Director of Planning
Dated : March 2, 2004
SKYGARDENS PROJECT
RELATIONSHIP TO GOALS AND OBJECTIVES
OF TOWN OF ITHACA' S COMPREHENSIVE PLAN
1 . Skygardens Project satisfies the Comprehensive Plan ' s overall philosophy of balance :
❖ The Comprehensive Plan states that "enhancement of quality of life in
Town of Ithaca results from philosophy of balance ." This philosophy of
balance is incorporated throughout the Comprehensive Plan . See
Introduction, Section I at p . 1 .
❖ Skygardens Project will foster such "balance" by providing a diversity of
housing opportunities for Townspeople on West Hill by balancing out the
affordable housing of Linderman Creek. In addition, it will also serve as
an appropriate transition between the Residential Land Use and the
Agricultural Land Use .
2 , Skygardens Project will satisfy need for housing aimed at two of the largest growing
sections of population :
❖ According to Comprehensive Plan, the age group with the greatest
increase in numbers was 25 -44 year olds, but family size decreasing in
part because of delayed childbearing — average household size in Town in
1990 was 2 . 4 people . See Section II at p . 11 & 13 ;
❖ According to Comprehensive Plan, the highest rate of growth has been in
the group aged 65 or more. Furthermore, the Comprehensive Plan
recognizes a need for housing for "empty nesters" and senior citizens . See
Section II at p. 11 ;
❖ Skygardens Project will provide maintenance free, attractive housing
alternatives for both populations . Skygardens Project will also satisfy the
need for additional housing units as outlined in Comprehensive Plan. See
Section IV , at p . 3 .
3 . Skygardens Project will satisfy an objective and recomrriended action of Goal A of
the Comprehensive Plan in that it will promote the availability of diverse, high-
quality, attractive places for people to live . See Section I11 , at p . 2 .
❖ Skygardens Project will satisfy an objective and recommended action of
the Comprehensive Plan in that it will provide a variety of housing styles
and patterns of development to meet the diverse needs of the community .
See Section III , at p . 2 .
❖ Skygardens Project will provide a quiet, clean, and safe neighborhood that
will have attractive landscaping which is consistent with an objective of
the Comprehensive Plan . See Section III , at pr . 2- 3 .
❖ Skygardens Project will satisfy a recommended action of the
Comprehensive Plan because it contains several amenities such as jogging
and bike path, sidewalks, landscaping and community centers which
establish and maintain the neighborhood character. See Section I11, at p . 31
❖ The design of Skygardens promotes the recommended action of
encouraging residential frontage away from major arterial and collector
roads because the project' s frontage is not directly on such a roadway, but
rather is set back from any such roadway . See Section 111, at p . 3 .
4 , Skygardens Project will satisfy certain elements of the Comprehensive Plan ' s goal of
shaping and improving the quality of the built environment by focusing growth so as
to provide for the needs of Townspeople, maintaining the character of the Town and
ensuring a healthy environment for future generations (See Section III, at p . 4) :
❖ Skygardens Project, if approved, will eliminate the Strip-Mine Use
currently in place on said property . In addition, in conjunction with the
development, the Project envisions a large portion of land being
maintained for recreation and/or open space . 'The project will also provide
for various recreational opportunities such as a jogging/ bike path that
would be accessible to the Townspeople . See Section I11 , at p . 4 ;
❖ Skygardens Project will utilize creative, efficient and attractive plans and
designs for all development which are also compatible with or enhance
their surroundings . See Section 111, at p . 4 ; and
❖ Skygardens Project will provide for well-designed physical and visual
transitions between different land uses which will minimize conflicts and
will, therefore, satisfy a recommendation action of the Comprehensive
Plan in so encouraging such transitions between different land uses . See
Section 111 , at p . 4 & 8 .
2
F
Advantages of the 200 proposed condo units to the public :
1 . Beautiful, safe , upscale places to live that provide the advantages
home ownership without all the work.
2 . Jogging and bicycle paths available to all .
3 . Road built to provide secondary access to Linderman Creek.
4 . Pool, tennis, health, cafe, etc . could be available to the public .
5 . There will be less units than is presently allowed .
. Nicer "cluster" community, with many amenities not affordable by
individual home owners, instead of track housing
. Upscale community that will provide a "blend" of citizens on West
Hill .
8 . 100 plus jobs created during construction.
9 . Permanent jobs created in maintenance, management, sales,
and service .
10 . Gravel, will be eventually abandoned.
11 . The project will be ecologically mindful .
12 . A place for local artists to - showcase their work.
13 . Tax revenue in excess of $ 1 ,000 ,000 . 00 per year will be realized by
the public.
CARL SGRECCI
1130 TRUMANSBURG ROAD
1THACA , NEW YORK 14850
March 8 . 2004
Ithaca Town Board
215 N . Tioga St.
Ithaca, NY 14850
Dear Members of the Ithaca Town Board :
We are writing to support John Rancich ' s request for a change in zoning for his
property on Mecklenburg Road . We feel , for a variety of reasons, that this request and
his plans for condominiums on that site are in the best interests of the Town, its residents,
and the greater Ithaca community .
First, we think the Ithaca community needs more nicely designed condominiums
to meet the desires of aging baby-boomers who want to stay in Ithaca but do not want to
deal with the trials and tribulations of home ownership . While there are a few
condominiums in the area, we believe the addition of another opportunity like this one on
West Hill would be well received by current and future residents of the Ithaca area.
Second, permitting a more dense residential use of Mr. Rancich ' s property
appears to us to maximize the use of infrastructure investments already made . The water
main running from Bundy Road to West Haven Road is within reasonable proximity of
the proposed project . It seems to us that allowing more people to benefit from existing
infrastructure should at least delay, if not eliminate, the need for future expansion of
those services as the community grows .
Third, we think the proposed project will provide a good mix of housing
opportunities and price ranges for West Hill . Projects currently existing or going through
the approval process provide affordable housing alternatives, but it is important to
maintain a heterogeneous mix of housing styles and price ranges for all areas of Ithaca.
Finally, well thought out additions to residential offerings in the Town add to the
tax base, which ultimately benefit not only the Town but the County and the Ithaca City
Schools, all of which are facing financial pressures in their roles of service providers .
We hope that as members of the Town Board you will approve the steps
necessary for John Rancich ' s request for a zoning change to begin working its way
through the approval process . Thank you for your consideration.
Sincerely,
ak Gu c k I l �t,�� 4 (
Carl and Marilyn Sgrecei <J
To whom it may concern;
I/We the undersigned have been informed of Mr. Rancich' s proposal to have a portion of his land
on Rt 79 in the Town of Ithaca re-zoned from R- 15 and Ag to Multifamily use. We understand
that a high end condo project is contemplated and are in favor of the change .
D,4
V
i
I
I
i
I
March 7,2004
Dear Ithaca Town Board,
John Rancich visited me on Feb. 28h and showed me his proposed condominium project
across the road from me. I am in favor of this project based on how attractive it will be and
because he told me it would be an upscale community appealing to middle and upper income
buyers. I also like the idea of jogging paths and other amenities being made available to the
public. I think this would be a welcome addition to my own business and West Hill in general .
Please allow him to proceed.
Sincerely,
Colleen Shuler
City Lights q
1319 Mecklenburg Rd.
Ithaca, NY 14850
To whom it may concern;
I/We the undersigned have been informed of Mr. Rancich' s proposal to have a portion of his land
on Rt 79 in the Town of Ithaca re-zoned from R-15 and Ag to Multi-family use. We understand
that a high end condo project is contemplated and (�
s 4
FRCII t LIcBAUT FAX No , 941 739 9511 Jan . 19 2004 08 : 27AM P1
Sh Jobrook Farm
Richard A, Perry
I o 7 Bt,�n�y Rif
Ithaea. NY 14850
To whom it may concern;
YWe the undersigned have been informed of Mr. Rancich ' s proposal to have a portion of his land
oa Rt 79 iu the Town of Ithaca Te-zaaed from R- 15 and Ag to Multi -family use . We understand
that a high and condo project is contemplated and are in favor of the change.
00,1,4
Richard and Jo Perry '
107 Bundy Rd
Ithaca, NY 14850
607-272- 5798
TOTAL P . 01
March 8 , 2004 Town Board Meeting ATTACHMENT # 7
0
Glenside Park Subdivision
Narrative for Preliminary Planning Board Approval
January 23 , 2004
LOCATION
The Glenside Park Subdivision is a 5 -lot subdivision of a 44-acre parcel located off Glenside Road near the
intersection of Floral Avenue (N . Y . S . Route 13A) and Coy Glen Road in the Town of Ithaca. The tax parcel
number is 30. 4 - 1 . The parcel is presently zoned in part as R9 residential, with the balance R15 residential .
DESCRIPTION & HISTORY OF LAND
The land under consideration adjoins a small residential neighborhood, which was first developed in about
1928 . This original subdivision featured numerous lots covering the entire parcel, but only a few houses
were ever built, mainly along or near the current Glenside Road. Over time several of the homeowners in
this area unintentionally encroached on the adjacent land. While these encroachments never produced ill
will among the neighbors, they have also never been formally resolved. We propose, as part of this
subdivision, to convey small parcels of land to various of the neighbors to remedy these encroachments
and/or allow them to enlarge their properties. A meeting was held at the Town office on Wednesday,
January 14th with various members of the Planning group, the property owner, and several of the neighbors
to discuss this proposal . The neighbors present seemed to be in total agreement with the proposed
subdivision.
I ROPOSED SUBDIVISION
his proposal would subdivide this 44-acre parcel into 5 new lots. (Please see attached map . )
of 1 : The Town of Ithaca has already agreed to purchase this lot as the location for a new water pump
station.
Lots 2 , 4 & 5 : These lots would be made available for sale to residential homebuilders, except for Lot 2 ,
which is expected to be bought by a neighbor. Lot 2 would require a variance from the Zoning Board of
Appeals, since it does not meet the road frontage requirements of the Town . These lots feature municipal
water and sewer, and otherwise meet Town zoning requirements .
Lot 3 : This lot would be donated to the Town of Ithaca for recreational purposes . This should fit in
generally with the park development plan of the Town. It would likely remain wooded, with some
development as a neighborhood park possible in the future . A 15 -foot wide access to Floral Avenue has
been reserved for pedestrian access, maintenance vehicles and perhaps a bike path, along with a 32-foot wide
general -purpose right of way to Glenside Road . This donation to the Town will be discussed at the next
Town Board meeting, which is scheduled for February 91n
Lot 6 : This large lot would remain undeveloped in the immediate term. If a decision were made to develop
this 32-acre parcel at some future date, it would probably feature a short cul-de-sac, accessed from Coy Glen
Road where the lot has usable road frontage . There are, however, no plans to develop this portion of the
, -property in the near term.
cels A-G : These small parcels will be conveyed to the adjacent owners to resolve encroachment issues
d to allow lot expansions .
AP
The enclosed map illustrates this proposal in more detail .
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March 8 , 2004 Town Board Meeting Gt
v
OF 171 ATTACHMENT # 8
_ 9 TOWN OF ITHACA
� t8 21^ �A 215 N . Tioga Street, ITHACA, N . Y . 14850
TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 BUILDING AND ZONING 273- 1783
HIGHWAY (Roads, Parks & Trails, Water & Sewer) 273- 1656
FAX (607) 273- 1704
MEMORANDUM
TO : Town Board Members
DATE : March 4, 2004 /
FROM : Safety Committee
c
SUBJECT: Pre-employment Testing, Drug Free Workplace Policy
The Safety Committee would like to show its support for the version of the Drug Free Workplace Policy
that included the pre-employment testing . The Safety Committee members have spent a great deal of
time discussing the various points of the policy with regards to employee and public safety. The initial
agenda item for this discussion, which resulted in a recommendation to the Personnel Committee, began
with several employees expressing concerns regarding the existing policy . These concerns were directly
related to employee and public safety.
The Safety Committee felt that pre-employment testing was an important: part of the recommended policy
changes. The Committee members felt that pre-employment testing provided a baseline for a new
employee . Though this test is not random and the potential employee would be able to avoid certain
illegal drugs prior to testing, many illegal drugs are known to stay in the body for several days and would
be identified in a pre-employment drug test. An employee who passed a pre-employment drug test would
then have a good baseline in his/her record.
The Safety Committee further felt that pre-employment testing would assist in deterring a potential
employee who would be apt to repeatedly create dangerous situations in the workplace . It is our feeling
that many good candidates would not be dissuaded from applying to and accepting a job with the Town
on the sole basis of a pre-employment drug test . In fact, we believe that the policy may encourage viable
candidates to choose employment in the Town over another location because of a strong Drug Free
Workplace Policy.
The Safety Committee reviewed similar policies from several other employers before making a
recommendation to the Personnel Committee. Most of these were significantly stricter than the one
recommended by the Safety Committee and included promotional and random testing for all employees .
The Safety Committee feels that pre-employment testing is an important part of the term "drug free
workplace' It is our hope that a strong policy will provide improved employee safety, increased
attraction for future potential employees, and additional opportunities for incentives such as grants and
insurance relief.
One of our final considerations in our recommendation was that the drug use in question is illegal . The
policy does not step beyond, or become more restrictive than, a use that is illegal under State and Federal
laws . As we discussed employee rights and privacy, this was an important: issue to the Committee .
In making the final decision on the adoption of the Drug Free Workplace Policy, we encourage the Board
to include the use of pre-employment testing.
OF I T�
O 9
�- a TOWN OF ITHACA
zc� .� .�y li. ��
- -� 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850
www . town . ithaca.ny . us
TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273- 1656 ENGINEERING 273- 1747
PLANNING 273- 1747 ZONING 273-1783
FAX (607) 273-1704 or (607) 273-5854
MEMORANDUM
TO : Town Board Members
FROM : Judith C . Drake , PHR, Human Resources Manager
DATE : March 3 , 2004
SUBJECT : Drug Free Workplace Policy
There has been a pretty fair amount of debate over this policy at Safety Committee , Supervisor
t ory Committee and Personnel Committee . The original draft policy included pre-employment
g . Through debate at the Personnel Committee it was voted on to remove pre-employment
g from the draft that you have now.
e included for you to review a copy of the minutes in a verbatim form from the Personnel
Committee's February meeting . The main change from the current policy includes adding more
descriptive language about the policy, adding reasonable suspicion and post accident drug testing .
The descriptive changes give the reader more information in regards to what would the employer do
and what would be required of the employee if the events were to occur.
The draft policy has been provided for you to review and discuss at the March 8th meeting . If you
have any questions prior to the meeting , please contact me at 273- 1721 .
Agenda Item No :
REGULAR MEETING OF THE ITHACA TOWN BOARD
Monday, March 8, 2004
RESOLUTION NOM Approval of Drug Free Workplace Policy.
WHEREAS , the Personnel Committee has reviewed arid revised the current Drug and
Alcohol Policy that was revised and approved of in February 2003 ; and
WHEREAS , after discussion , the Personnel Committee recommends the Town Board
approving the revised Drug and Alcohol Policy to be know as the Drug Free Workplace Policy
(see attached ) ; now therefore be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve revising the
Drug and Alcohol Policy to be the Drug Free Workplace policy as recommended by the
Personnel Committee ; and be it further
RESOLVED , the Human Resources Manager is directed to incorporate this revised
policy into the Personnel Manual .
MOVED :
SECONDED :
VOTE :
Agenda Item No :
DRUG FREE WORKPLACE POLICY
Purpose and Goal
Town of Ithaca/ SCLIWC is committed to protecting the safety , health and well being of all
employees and other individuals in our workplace . We recognize that alcohol abuse and drug
use pose a significant threat to our goals . We have established a drug-free workplace
program that balances our respect for individual privacy with the need to maintain an alcohol
and drug-free environment .
• This policy recognizes that employee involvement with alcohol and other .drugs can be
very disruptive , adversely affect the quality of work and performance of employees ,
pose serious health risks to users and others , and have a negative impact on
productivity and morale .
• There is no intention of interfering with the private lives of the employees unless
involvement with alcohol and other drugs off the job affects job performance or public
safety .
Confidentiality
All information received by the organization through the drug-free workplace program is
confidential communication . Access to this information is limited to those who have a
gitimate need to know in compliance with relevant laws and management policies .
hared Res onsibilit
A safe and productive drug-free workplace is achieved through cooperation and shared
responsibility . Both employees and management have important roles to play.
All employees are required not to report to work or be subject to duty while their ability to
perform job duties is impaired due to on - or off-duty use of alcohol or other drugs .
In addition , employees are encouraged to :
• Be concerned about working in a safe environment .
• Support fellow workers in seeking help .
• Use the Employee Assistance Program .
• Report dangerous behavior to their supervisor.
It is the supervisor's responsibility to :
• Investigate reports of dangerous practices .
• Counsel employees as to expected performance improvement .
• Refer employees to the Employee Assistance Program .
Agenda Item No :
Assistance
Town of Ithaca/ SCLIWC recognizes that alcohol and drug abuse and addiction are treatable
illnesses . We also realize that early intervention and support improve the success of
rehabilitation . To support our employees , our drug-free workplace policy:
• Encourages employees to seek help if they are concerned that they or their family
members may have a drug and/or alcohol problem .
• Offers all employees and their family members assistance with alcohol and drug
problems through the Employee Assistance Program ( E P) ,
Treatment for alcoholism and/or other drug use disorders may be covered by the employee
benefit plan . However, the ultimate financial responsibility ; for recommended treatment
belongs to the employee .
Communication
Communicating our drug-free workplace policy to both supervisors and employees is critical
to our success . To ensure all employees are aware of their role in supporting our drug-free
workplace program :
• All employees will receive a written copy of the policy.
• The policy will be reviewed in orientation sessions with new employees .
The policy and assistance programs will be reviewed at safety meetings .
Employee education about the dangers of alcohol and drug use and the availability of
help will be provided to all employees .
Every supervisor will receive training to help him/her recognize and manage
employees with alcohol and other drug problems .
POLICY
Covered Employees
Any individual who conducts business for the Town/SCLIWC , lis applying for a position or is
conducting business on the Town 's/SCLIWC `s property is covered by this drug-free
workplace policy. Our policy includes , but is not limited to department heads , supervisors ,
full -time employees , part-time employees , interns , temporary or seasonal staff .
Commercial Drivers ' License (CDL) Positions :
Employees with a CDL as required by their position should refer to Appendix #3: Drug and
Alcohol Testing Policy and Procedures.
Agenda Item No :
Applicabilit
Fur drug-free workplace policy is intended to apply whenever anyone is representing or
onducting business for the organization . Therefore , this policy applies during all working
ours and while on call .
Prohibited Behavior
It is a violation of our drug-free workplace policy to use , consume , possess , distribute ,
purchase , sell , or otherwise illegally transfer alcohol , unlawful drugs or intoxicants while on
the job , on organization ' s property or when operating organization ' s vehicle or equipment .
Employees moderately consuming alcohol during Town functions will not be violating this
policy as long as they are not on call or operating town equipment . Unlawful drugs are those
not obtained legally or legal drugs that have been obtained illegally.
Prescription and over-the-counter drugs
Prescription and over-the-counter drugs are not prohibited when taken in standard dosage
and/or according to a physician 's prescription . Any employee taking prescribed or over-the-
counter medications will be responsible for consulting with the prescribing physician and/or
pharmacist to ascertain whether the medication may interfere with the employee 's ability to
perform safety sensitive activities , as requirement of the job , in a reasonable manner or may
present a threat to the employee ' s safety. If the use of a medication could compromise the
afety of the employee , fellow employees or the public , it is the employee' s responsibility to
se appropriate personnel procedures (e . g . , call in sick , use leave , notify supervisor, request
hange of duty) to avoid unsafe workplace practices . Notification to the supervisor does not
nclude the name of the drug or why a medication is being taken , only that his/her ability may
be impaired .
The illegal or unauthorized use of prescription drugs is prohibited . It is a violation of our drug-
free workplace policy to intentionally misuse and/or abuse prescription medications .
Appropriate disciplinary action will be taken if job performance deterioration and/or other
accidents occur.
Consequences
One of the goals of our drug-free workplace program is to encourage employees to
voluntarily seek help with alcohol and/or drug problems . If , however, an individual violates the
policy , the consequences are serious .
If an employee violates the policy , he or she will be subject to progressive disciplinary action
and may be required to enter rehabilitation . An employee required to enter rehabilitation that
fails to successfully complete it and/or repeatedly violates the policy will be terminated from
employment. Nothing in this policy prohibits the employee from being disciplined or
discharged for other violations and/or performance problems .
Return-to-Work Agreements
ollowing a violation of the drug-free workplace policy , an employee may be offered an
pportunity to participate in rehabilitation . In such cases , the employee must sign and abide
y the terms set forth in a Return -to-Work Agreement as a condition of continued
employment .
Agenda Item No :
Drug Testing
Employees may be required to participate in a drug test for to the following reasons ; post-
accident , reasonable suspicion , return -to-duty and follow- up testing , as determined by the
Town Supervisor, Department Head and Human Resources Manager. Post accident refers
to workplace accidents , which caused any person to go to the emergency room or caused
major damage to the employer or other's equipment ( i . e . : bad vehicle accident . ) Supervisors
who make reasonable suspicion determinations are trained on the physical , behavioral , and
performance indicators of probable drug use and alcohol misuse .
To ensure the accuracy . and fairness of our testing program , all testing will be conducted
according to DHHS/SAMHSA guidelines where applicable and will include a screening test ; a
confirmation test; the opportunity for a split sample ; review by a Medical Review Officer,
including the opportunity for employees who test positive to provide a legitimate medical
explanation , such as a physician ' s prescription , for the positive result ; and a documented
chain of custody.
All drug -testing information will be maintained in separate confidential records .
The substances that will be tested for are amphetamines , cannabinoids , cocaine , opiates ,
phencyclidine ( PCP) and alcohol . Testing for the presence of alcohol will be conducted by
analysis of saliva (breathalyzer) . Testing for the presence of the metabolites of drugs will be
conducted by the analysis of urine .
Any employee who tests positive will be referred to a substance abuse professional for
assessment and recommendations , required to successfully complete recommended
rehabilitation including continuing care , required to pass a Return -to- Duty test and sign a
Return -to-Work Agreement , subject to ongoing , unannounced , follow- up testing for a period
of five years and terminated immediately if he/she tests positive a second time or violates the
Return -to-Work Agreement .
An employee will be subject to the same consequences of a positive test if he/she refuses to
cooperate in the testing process in such a way that prevents completion of the test .
Notification of Convictions
Any employee who is convicted of an alcohol or criminal drug violation must notify the
organization in writing within five calendar days of the conviction . The organization will take
appropriate action within 30 days of notification . Failure to report will be considered a major
infraction and grounds for a disciplinary action , up to and including termination . Employees
engaging in conduct involving illegal drugs will be subject to disciplinary action up to and
including termination .
Draft Draft Draft
Town of Ithaca Personnel Committee Meeting
February 24, 2004
1 : 30pm
Members Present : Supervisor Catherine Valentino ; Councilman Bill Lesser;
Councilman Will Burbank ; Don Ten Kate , Working Supervisor; Larry Salmi ,
Heavy Equipment Operator; Sue Ritter, Asst . Dir of Planning ; Dani Holford ,
Senior Typist
Support Staff: Judith C . Drake , Human Resources Manager
Others Attending : Councilwoman Sandy Gittelman ; Tee-Ann Hunter, Town Clerk ;
Al Carvill , Budget Officer; Carrie Whitmore , Dep Town Clerk/Dep Rec of Taxes ;
Jon Kanter, Dir of Planning ; Dave Boyes , Motor Equipment Operator (Safety
Committee ) ; Kristie Rice , Asst . Dir Building/Zoning (Safety Committee ) ; Mike
Smith , Environmental Planner
Call to order: 1 : 30 p . m .
Judy Drake welcomed Sue Ritter, new representative for Town Hall and stated
that Dani Holford was reelected . The highway representatives ( Don Ten kate
and Larry Salmi were informally reelected ) . Everybody introduced themselves .
Agenda Item #2 : Review Minutes of December 10 , 2003 meeting :
Approved as read .
Agenda Item #3 : Persons to be Heard :
None .
Agenda Item #4 : Discussion of Drug Free Work Place Policy :
Cathy Valentino opened the meeting to discussion on the Drug Free Work Place
Policy .
Jon Kanter stated his main concern is with the mandatory testing for new
employees . This would be a bad direction for the Town to go in , to basically
require drug testing . We would definitely loose a lot of good intern opportunity .
Interns are very short-term jobs . Students who are looking for internships ,
hoping to get some good experience , without jumping through hoops and going
though drug testing whether they are taking drugs or not really is not the issue .
1
Draft Draft Draft
The question is will it make it more difficult for us to find good people . There are
other issues as well . We are infringing on peoples private lives in a sense .
Councilwoman Gittelman points out that although the policy talks about
involvement with alcohol and other drugs , the only testing for pre-employment is
for drugs . Is that correct?
Judy drake replied that you cannot test people for alcohol .
Councilwoman Gittelman believes that it is prejudicial to test for one and not the
other. When she started reading the policy she was impressed with the fact that
you asked employees not to report to work while their ability to perform duties is
impaired , which is the point . If somebody were doing something that is
inefficient, harmful or dangerous to themselves or others that would be the point
at which one is really obligated to interfere .
Tee-Ann Hunter agreed with Jon Kanter, she is opposed to the mandatory drug
testing . Speaking personally, if she were looking for a job and had a choice to
work for someone who required this and someone who did not , she would most
certainly work for the people who did not require drug testing . When you look at
policies of this sort , you need to not only look at what you ' re gaining , but what
you are giving up . How much of an individual ' s privacy or control over the
information about themselves they are being asked to relinquish to an employer.
Confidentiality is part of this policy , however, the safe handling of information of
yourself you relinquish that as soon as you give that over to other people . The
only way you can guarantee the private and personal things remain private and
personal is not to relinquish them to others . While the current administration may
be totally above board morally and ethically , you don 't know who will come after
these people and who will then be privy to this information . Tee-Ann ' s big
concern is not so much with regard to the alcohol and drug issues , but the
medical information that an employer could ascertain through blood and urine
tests . They could find out if someone were pregnant , if they are prone to
diabetes , they could find out all kinds of medical information about someone and
not hire them as a result of that . This is information that an individual is not
mandated to disclose at the time of looking for a job and it is rather invasive and
potentially damaging . When we have the health fairs she never has the blood
test work done because that' s between her and her doctor. We will have that
work done somewhere else . For example , she doesn 't want her employer to
know if she has high cholesterol . This would robl her of control over the
information about herself.
Tee-Ann did a little research using a book called Nickel and Dimed . This was a
woman who attempted to live making minimum wage and one of the things she
2
Draft Draft Draft
was subjected to was mandatory drug testing . The following is a footnote from
the book , "There are many claims for workplace drug testing . Supposedly, it
results in reduced rates of accidents and absenteeism , fewer claims on health
insurance plans and increased productivity ; however, none of these claims have
been substantiated . According to a 1999 report from the American Civil Liberties
Union , drug testing is a bad investment. Studies show that pre-employment
testing does not lower absenteeism , accidents or turnover and , at least in the
high tech workplaces studied , actually lowered productivity presumably due to its
negative effect on employee moral . Furthermore , the practice is quite costly. In
1990 the Federal government spent $ 11 . 7 million to test 29 , 000 federal
employees . Since only 153 tested positive , the cost of detecting a single drug
user was $ 77 , 000 . Why do employers persist in the practice ? Probably , in part ,
because of advertising by the roughly $2 billion drug testing industry , but I
suspect that the demeaning effect of testing may also hold some attraction for
employers . "
Sue Ritter agreed with Jon and Tee-Ann . She feels real strongly that this is a
demeaning procedure and that it suggests a certain kind of atmosphere here at
Town Hall that she would not be proud of. She would be embarrassed to tell a
new employee that they have to go get a urine test before they can take the job .
She is unsure what good it will do in the long run other than suggest a big brother
atmosphere .
Al Carvill agreed with Jon , Tee-Ann and Sue . He is strongly opposed to drug
testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . he wants to be responsible for himself and not
have the employer take the position . I I I 1 11 1 11 . . . I .
Kristie Rice , speaking from the Safety Committee , this is where the whole issue
started . It sounds like most people are against the initial part and not the
reasonable suspicion . She reminded everyone that there are others involved , it' s
not just Town Hall . We can 't think about just our group here , we have to think
about people at Highway and Bolton Point where their jobs are maybe a little
different if they were intoxicated or altered in some way it could really be a life
threatening situation .
Dani Holford believes the language should be altered some how to apply to those
jobs , not everyone at Town Hall .
Kristie stated that two things came out of the Safety Committee . First , unfairness
between job positions and is it right to apply it to certain jobs and not others .
Secondly, there are positions in all three buildings where you can have the
potential for that . Using her position as an example , climbing a ladder up onto a
roof can be potentially dangerous . There was a feeling at the Safety Committee
that we do want to be fair and one of the things that was pushed in the Safety
3
Draft Draft Draft
Committee was doing random drug testing , like we do for the CDL , in all the
positions . We didn 't believe that would go over very well and we weren 't in favor
of it , so it didn 't come out in the draft . We thought that was probably going a little
to far because to randomly come up with a good pool from a small Town Hall
group .
Judy Drake stated that they addressed some of the issues Tee-Ann had brought
up — cost vs . means and that got struck pretty fast . Currently the CDL ' s are
mixed in with all the other municipalities so there ' s a larger group . If we did it in
house the cost would not be reasonable for us and it would be a much smaller
group .
Carrie Whitmore stated that for now the random drug testing . has been struck
down , but whose to say that three years down the road it might go through then
that right is taken away from the employee . Additionally, people choose their
jobs . She chooses not to be a CDL driver, so she should not have to follow the
same requirements as a CDL driver. Life isn 't always fair. People are subjected
to some rules and some people aren 't. That is just the way our society works .
You can 't expect everybody to be tested for everything .
Kristie , speaking through the Safety Committee , explained that one of the things
that the committee looked at was the people who run any kind of equipment or
drive any Town vehicle or personal vehicle for Town business . That' s where they
started to exclude the Clerk' s department, but then remember that the Clerk' s
office is out driving their own or the Town ' s vehicle when checking polling/voting
places/machines during elections . The more they looked at it they were able to
either exclude a particular job position or keep it in . The question became ,
"Where do you draw the line "? The Safety Committee feels the people we
currently have in the Town Hall are a pretty good group .
Carrie asked shouldn 't the new employees be afforded the same opportunity to
not have suspicion right off the bat . That' s why we have the reasonable
suspicion . If somebody feels that way the problem can be dealt with then .
Kristie stated that from the stand point of the Safety Committee is they want to be
proactive . Many places have drug free work policies were you are required to
test for pre-employment . If you are convicted of a drug felony it is an automatic
firing .
Carrie believes just because somebody else does it doesn 't mean everybody
else does it. What somebody does in their personal life — if somebody gets
arrested for DWI in their personal life and they sit in front of a computer all day
what does that have to do with their job . They go and get counseling and they' re
trying to help themselves , but yet their employer fires them for making a fool of
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themselves on one occasion . She doesn 't see this as benefiting the person , who
obviously needs help and is going to try to obtain help . If it' s somebody who has
a CDL this might be a little bit different because they are on the road driving .
Judy Drake provided added information . If you have a CDL and you are pulled
over for drunk driving you lose your CDL immediately . In this instance the
person would lose their job because the thought is that the CDL is required for
that job .
Jon doesn 't believe there has been much evidence that demonstrates that
mandatory pre-testing as a condition of employment necessarily reduces the
chances that somebody is going to use drugs . You see all these people in the
sports world or other places where they have random drug testing and they get
caught . It' s not stopping them from using it, it' s perhaps a way during a particular
window of time where you can say this person is or isn 't using drugs right now.
That isn 't to say what he ' s going to be doing later on the job . If you really wanted
to have a mechanism to send a clear message that if you do drugs during
working hours and you get caught your in big trouble , . I I I I . I I . I I 1 6 a 2 0 d . 0 . .
Supervisor Cathy Valentino added not only doing drugs at work , but coming into
work under the influence of drugs .
Jon replied we basically already have a policy that covers that situation . To go to
the next step to require mandatory testing isn 't really going to change anybody' s
habits , but it does change people ' s perception about their employer. To try to
equate classes of jobs , his understanding is that the current requirements , there
are laws that require testing for certain positions and not for others . To build a
policy that goes beyond those laws is inappropriate .
Councilman Bill Lesser asked if they should adopt a policy that included along
with or without anything else testing on the basis of reasonable suspicion , what is
reasonable suspicion ?
Cathy responded that we would find that out in March during training .
Bill wonders how you can say to someone — You really look out of it today, I bet
you are taking drugs . Whatever we do we need to consider what could happen
when we make that decision and the consequences of the judgment ,
Kristie explained that the Safety Committee was looking at what happens when
we do have somebody whom we suspect are not just intoxicated or altered due
to drug use , but to the point were they are dangerous and we do not have a
policy in place to remove that person from their job even temporarily to protect
the people they are working with . Can we afford what would happen to us if
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someone was hurt or killed and what that would do to the morale of our
employees? It does have to do with the specifics of, yes ; the CDL people are
already under mandatory testing program , but what if it' s a non-CDL person . We
have a lot of non-CDL people .
Councilman Will Burbank strongly hopes the proposed policy, as written , is not
passed . He does not agree with the specific pre-employment, presumption of
guilt part of the policy . He agrees that it is appropriate10 have a policy if there is
reasonable strong suspicion , but we need some safeguards in that as well .
Cathy went back to the earlier question of, "What is Reasonable Suspicion "?
Sandy explained the difference between use and abuse of alcohol and drugs .
It' s really abuse that we are trying to address . She suggests that we could
contact the Alcoholism Council or the drug addiction people and they could
provide us with a whole list of things to look for. Some, of these include : , apathy,
lack of judgment and lack of physical coordination in the instance of alcohol .
There are all kinds of substantial symptoms when somebody is abusing either
drugs or alcohol . She doesn 't believe that piece is so difficult . On the other
hand , she really believes that in this country you are innocent until proven guilty.
The real issue in the workplace ought to be incompetence on the job . You can 't
predict on the basis that somebody had a drink with lunch that he ' s an alcoholic.
That obviously would not be true in a large percentage of the cases . This is the
most obvious kind of thing that people see in other people because you can
smell the alcohol on their breath . There are other things that you really can 't tell
from one interaction . We ought to contact the places that deal with drug abuse .
. Judy stated Family & Children Service is coming in , March 24th to give us a
session on reasonable suspicion .
Sandy said that when she was working there , she wouldn 't work with people who
were addicted , but she was certainly able to tell if the person should go for
testing . It usually because they' re missing days at work , they are picked up by
the police for bad driving — there are all kinds of things . When the people come
from Family & children ' s they will be able to provide you will all kinds of
information .
Sandy asked if we planned on doing the drug testing without telling people ahead
of time . If you are going to do pre-employment testing would you tell people . you
are going to do it .
Judy responded that it would be her responsibility to tell them during the
interview.
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Sandy said if you tell them they won 't touch anything for 48 hours and they would
come out clean . It would be an exercise in futility. First of all it makes you feel
safe because the person came out clean . Second , there is no better liar in the
world than somebody who is addicted .
Tee-Ann expressed that in all fairness to Kristie and the Safety Committee she
doesn 't want to back track and make this an over long meeting , but she doesn 't
know what the problem is that is being addressed . Is the policy addressing an
existing problem? Perhaps if a negative response is being given by the speakers
with regard to the solution that has been put forth , if the people can know what
the problem is that we are trying to solve , we could come up with something that
would be more palatable for all of us .
Dani Holford stated that she has been on many different drugs since her Breast
Cancer and the Town would have a blast running a test on her. Would she have
to let the Town know?
Judy asked one of the Highway representatives to describe the procedure for
random drug testing .
Dave Boyes described the procedure : you go up to the hospital or wherever they
send you , they give you a bottle , the water is shut off to the bathroom , they put a
dye in the toilet and when you ' re done you bring the sample out, they turn the
water back on so you can wash your hands .
Judy asked if there was a questionnaire or anything for people to fill out?
No . You have to sign a seal that goes over the bottle so no one can tamper with
it . It' s a double seal , so you have to sign in two places . They send it off to a
laboratory — it' s not done locally. They don 't even know your name unless it
proves positive for something .
Al expressed that he does not use a Town vehicle and never will use a Town
vehicle and he will not relinquish a copy of his driver' s license to the Town ' s
insurance carrier. Not because he has a bad driving record , quite the contrary .
However, the Town cannot take on the responsibility for a third party liability . He
also knows that information is transmitted from various organizations to other
organizations . If he were to move from one carrier to another, in today' s world
that information can be made available . He is trying not to relinquish any form of
identifying information including a social security number. As we are all aware of,
simply because of the reason of other information . The Town wants to guarantee
us as much confidentiality as they can , but it cannot ensured . He takes his own
precautionary measures for his own person . He takes responsibility for himself.
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Will asked if there are provisions , during drug testing , so people can 't sneak
samples in ? Additionally , what is the problem we are trying to address?
Dave responded that this is the reason they shut the water off and the dye is put
in the toilet so you can 't take a sample out of that .
Larry Salmi explained that the sample you give them has a temperature code it
has to meet . For the most part it would be just about impossible to match that
temperature . That' s why there is no other liquid available in the room . I would
think that is somebody had some way of concealing something , it might be
possible , but if you had it on your body and you waited a certain period of time ,
it' s not going to be the same temperature . As far as the testing goes , it' s fairly
fast and not terribly embarrassing .
Don Ten Kate stated that the problem we are addressing has happened . He has
seen his life and the lives of the men working with him put in danger on more
than one occasion . The " powers " were aware of it , but they didn 't know how to
handle it . There were no policies to handle it. The problem went on for month
after month after month and was not handled . This is what this policy is
addressing . It was blatantly clear this person had a problem ; they couldn 't even
walk across the parking lot .
Cathy stated that this person was dealt with eventually . If the one he is talking
about , which she is pretty sure it is , finally got to her and it was dealt with pretty
swiftly.
Don remarked that there have been others , over the years , before the CDL thing ,
that were suspected to be under the influence .
Cathy responded that hopefully with the training they are going to receive , these
issues would be dealt with much faster and more efficiently. It' s a learning
process when something like this happens for the first time .
Jon believes that we had the ability to handle something like this without
specifically stating it in the policy . It' s what a supervisors responsibilities are .
Having said that, certainly the reasonable suspicion clause , which he thinks has
become the focus of the policy now , we ' ll be able to better define that. Once we
have had some training in reasonable suspicion the policy itself has to go back
and say, here are the general guidelines of what reasonable suspicion is about.
Right now it doesn 't say anything about what reasonable suspicion is .
Cathy asked Jon if he means we would eventually have to add some guidelines
for reasonable suspicion .
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Absolutely .
Tee-Ann added the term "procedure" . Swiftly dealing with a . potential threat to
somebody.
Cathy pointed out that it is important to those who are managers and department
heads to do the best that they can to make sure that the employees have a safe
and good working conditions . That we are looking out for their welfare . With the
experiences she has gone through in a couple of instances that the sooner it
moves up the ladder, especially to the Supervisor, they can then help the
department head and other people that know of it . It good to have guidelines , but
each instance has it' s own different anomalies . The person that' s involved , their
past history and the family to some extent. The way you deal with them and the
way they interact with you and how much cooperation you get out of them to
move forward , has got to be treated on a case by case basis, but the guidelines
are important .
Sandy stated that people often don 't want to tell on somebody who ' s not
behaving properly. It' s very important to make that a part of the policy that it
must be reported to the Supervisor. It shouldn 't be seen as a punishment . It' s
something that can dealt with in a more positive way. There ' s positive ways of
framing it.
Cathy responded that she hopes from the experiences they have had so far, she
believes what the staff saw was the Town of Ithaca bending over backwards to
try and make sure the person received help and that we will do anything possible
to get people back into their jobs . Hopefully , people don 't feel they can 't report
somebody because the person they report may lose their job . We have to
present as the department heads and leaders the understanding that we are
going to work very hard to get that person back to being a good , productive
employee . We need to have this kind of atmosphere in the work place because ,
otherwise , people do fear to come forward .
Kristie explained , so there would be no misconceptions , with the drug testing a
different test would be run for something like diabetes . They are not allowed to
just decide to run 50 tests because the have the sample -- they cannot discover
something like diabetes or anything else while running a drug test. There are
HIPPA regulations , which are federal regulations ; they are extremely, extremely
tight with very , very high fines for breach on confidentiality.
The driver' s license example was separate because that' s not a medical form .
The confidentiality stuff involved with hospitals and stuff like that's why we use a
separate . . . . . . . . . . It' s so confidential . You really shouldn 't be concerned . I know
that people are , but they really shouldn 't be .
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Jon stated that while the test may not be able to uncover actual physiological
problems , he would assume they could pick up other drugs that are being taken
for physiological problems .
Kristie responded that they would not release that information .
Jon agreed they may not release that information , but they still have it . This is
part of the concern that Al had .
Kristie does not believe this is necessarily true , unless , the drug they are taking is
a narcotic . If you are on a narcotic painkiller and they test for narcotics it will
show up , but if you are taking a medication for diabetes it' s not going to show up
on a drug test .
Jon pointed out that there are tens of thousands of combinations of drugs .
Tee-Ann states that one of the things that are important to her is when you use
the word "they" , "They won 't test for that" , "They won 't release that" . It' s the
"they" factor that she finds a little frightening . Again , it' s maintaining that
responsibility and that authority over yourself she feels is being questioned . It
seems maybe an element here is that we don 't have a processing place for an
individual who fears their .safety and well -being or the safety and well being of the
residents of the Town of Ithaca that we serve as being compromised by the
conduct of an employee . That we do not have a mechanism in place for that
person to draw attention to that and to get quick action to deal with that without
somehow revealing himself or herself as a tattler. So , to address that , we are
going to invite the "they" into it . Instead of inviting the "they" into it or going out of
house to deal with this , maybe we need to think in house . How can we provide
ourselves with an avenue to quickly efficiently without' revealing ourselves? To
bring to management that there is a problem that somebody needs to take care
of.
Sandy pointed out that, in the winter, probably everybody would come up positive
for drug testing for drugs because when you take cough medicine you are usual
taking some form of an opiate .
Larry stated that CDL drivers have gone through the testing a lot and it' s not
really that big of a deal . All the other towns , county and state CDL drivers go
through this . A lot of concerns were raised before we were put into this program ,
many people were really worried about it — it really has been smooth . From our
perspective if we have a temporary employee and we re out on the job site . . . . . .
a mower tractor doesn 't need to have a CDL license , ', but they could be around
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one of the highway workers maybe for only 2 or 3-month temporary period of
time , they are still putting us in jeopardy .
Sandy agreed with this , but pre-drug testing or random drug testing won 't
necessarily solve this particular problem .
Carrie asked for the section regarding notification of convictions to be explained .
Judy explained that "convicted " is the main thing not arrested , not given a ticket ,
it' s convicted .
Carrie doesn 't understand if it happens in your personal life why you would be
fired for it .
Judy stated that a person would not necessarily fired for it .
Carried continued that it is one of the disciplinary actions , "up to and including
termination " .
Judy responded that this is one of those things that have to be written into any
kind policy , " Up to and including termination " . The main thing with convicted —
this also goes across to your drivers license — if you are convicted of DWI you
might not be required to have your drivers license to have your job , but we would
want to know if you were convicted of a DWI . We might not want to have your
drive a Town vehicle because that does extend our liability . That was the main
part of convicted . There are positions if somebody was convicted of 2 DWI ' s it
might start impounding their job . If you have somebody who has been convicted
of selling , growing or obtaining illegal drugs , cocaine or something like that , the
employer is going to want to know , it tells you something about that person .
They may not be the most honest person . It might also relate to some of the job
issues you have been having . It' s also going to impede if somebody has been
convicted of selling or obtaining drugs most likely they are going to be looking at
a jail sentence and large fines . This is going to start affecting morale —
employees are going to read that . What we are asking is to tell us before an
employee reads it in the paper and then it comes to us .
Carrie asked isn 't it up to the person not to have to tell if they don 't want to?
Sandy pointed out that once you are convicted it' s in the paper. It' s no longer
private information . It' s public information .
Carrie continued that if she didn 't want to tell she wouldn 't want to have to tell .
Dani asked if this is saying that you have to notify the Town ?
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Cathy relied , yes . It would be failure to report a conviction . It' s not that you did
the action that is going to trigger the major infraction ; ' it' s your failure to let us
know about it . We 've had this happen with employees in the past , where an
employee had gotten convicted of a DWI and came in , had counseling and talked
about it . We worked with them . The one she is really, familiar with has been a
long time employee now without having another problem . We want to know
because we want to help .
Carrie believes that it is the person right to keep it to themselves and seek help
on their own without the employer stepping in and saying you need to get help .
Cathy added that in her experience with the union the majority of the time people
do not seek help until somebody in authority says you have to . That' s the best
help that they get .
Sandy went back to the signs of drug abuse . The first sign , not necessarily a
diagnosis , but the first sign is somebody who gets co il victed and then not take
that seriously enough to say , " I have a problem with driving " . That' s the first sign .
Will stated what' s missing from this is the section w ere we say we will take
appropriate action within 30 days of notification . Its not clear what that action
would be . It might be , for example , drug testing based on that new
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . We might want to consider what
the range possibilities would be so that whoever is coming in would know that if
they are convicted of a drug or alcohol related incident , not only will in impact
their personal life , it will impact their working place , that things will change , there
will now be a presumption that they have a problem . . .1 . . . . . . . . . . . . . but that it won 't
necessarily mean that they will lose their job . That Is what we want to avoid .
Come forth and let us know, we' ll probably find out from the paper anyway, it' s
your duty to let us know and then we will take appropriate steps , but not
necessarily punitive steps .
Dani asked if she went out and purchased an "alternative" drug , so she could
handle chemo better, got arrested and was convicted — she would get into
trouble at work?
Cathy replied , yes .
Dani — For Cancer?
Judy replied , for buying illegal drugs . No matter what , you are breaking the law .
Whether we agree with what or why you did it , it is not 1 p to us to determine .
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Bill , going back to Will ' s earlier statement , asked wasn 't the issue covered
elsewhere in the Personnel Manual — if a person has a problem , whether
substance abuse or gambling addiction — isn 't that something that' s worked out
with the supervisor to find program .
Judy explained that the Employee Assistance Program has been established .
The main purpose of this policy is — one of the bullets — there are a couple I think
are pretty important — the second one , "there is no intention of interfering with
private lives of the employees unless involvement with alcohol or drugs off the
job affects job performance or public safety. This is one of our main goals of this .
There is also the part on shared responsibility that we are asking the employees
and encouraging the employees to be mindful of their own environment and the
environment of other employees , to use the Employee Assistance Program . We
keep preaching throughout this entire policy to get help or come to us so we can
help you get help .
We keep discussing many of the negative parts of this policy , but the whole real
beginning of this policy is we want the employees to get help . If you read some
of what it says on page 3 under consequences - the consequences are to
encourage employees to voluntarily seek help with alcohol and drug problems . If
they violate the policy where we have to step in then they will be subjected to
progressive disciplinary actions and we might require rehabilitation . We are not
saying if they report it to us or we find out about it they are fired . We are saying
we want to work with them . Some people are saying that we need to outline
exactly what is going to happen . By not saying something like — if somebody
gets convicted they are going to get this and this or this , by saying we are going
to help you , it gives us a little bit more flexibility to look at — this is a good
employee , they've come up against some pretty bad times , lets work with them ,
lets get them some help . Let that be up to the powers that be at that time . We
try not to make some of the policies not be so rigid that there can 't be a little
flexibility of lets work with you . There has been the argument of lets not leave it
up to the department heads , Town Supervisor or Town Board to make that
determination , lets have the policy pretty strict . This doesn 't always work .
Sometimes it' s nicer if I can deal with Dani as Dani and not Dani as an employee .
We 've had enough instances where the Town Supervisor and the department
heads have been able to work through the problem with the person and hopefully
have a good outcome . That is the ultimate goal .
Cathy added that the Town Board supports the good efforts in the past to seek
help and rehabilitation for the employees who have needed it .
Jon asked for a couple of things to be addressed for a clearer definition . Page 4
about accidents and drug testing — Each employee , as a condition of their
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employment, will be required to participate in pre-employment , post accident
testing . It wasn 't clear to him what constitutes an accident — if you are sitting in
your car stopped at a traffic light and someone smashes into your rear end —
that' s an accident , but was that your fault — would you be subject to the drug
testing ?
Cathy responded , no . Not if you were sitting still on a major lane on a highway.
Jon stated it needs to be clearer — what accidents will trigger the testing . Without
defining accident , it could be many, many things . Like for the slightest accident —
if you are using Town equipment — does that mean that you should be required to
take a drug test if you slit you finger on screw sticking out of the . . I I I I I I 1 1 . 1 1 . . . . does
that mean you have to take a drug test because it was an accident? Jon admits
going to extremes , but we need better definition .
Judy asked what he would recommend .
He doesn 't know . We need to define what triggers the 'need for a drug test.
Tee-Ann asked if these were just work accidents or do they include ones that
happen off the job .
At work .
Judy said that that one of the definition they talked about in the Safety
Committee , obviously the CDL ' s is defined in the CDL they have their own , if they
get a ticket , they have to go for a drug test within 8 hours .
Sandy said that she has worked in places that, they called it a utilization review ,
required basically any accident at all is up for looking at if it happens in the
workplace . A decision is made if it was a real accident or whether the person
was hiding a bottle or syringe in the closet . Most often an accident is just an
accident and you just write it off and sign on it as just an accident and you forget
it . We don 't have to go through all that, but there is clearly a way of saying that
this is a workplace accident.
Jon recommended changing the wording from , "will be required " to " may be
required " .
Jon ' s second question comes from page 2 of the proposed policy. "Covered
Employees" — are the Town Board , Planning Board and Zoning Board covered
employees . Reading the policy — it doesn 't necessarily exclude them . Is it the
intent that they be covered ?
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Cathy stated that we couldn 't do anything about elected people .
Jon pointed out that by this definition they are covered — Page 2 Covered
Employees , "Any individual who conducts business for the Town/SCLIWC . . . " .
Sandy states she would hate to think as a board member, she could be found to
be dealing drugs , taking drugs or going out and smashing her car into another
old lady' s car and that that should not come under question .
Elected people cannot be fired .
Jon adds if you don 't intend to include them then exclude them .
Will stated it is an arbitrary, but legal boundary.
Judy stated she has been working on an appointed and elected officials
Personnel Manuel so that the issues that would directly relate to them will be
addressed there and these would be addressed to employees . That's why she
didn 't draft them into here . They will ultimately have their own policy and
procedure manual . It was discussed in Safety Committee that if we ultimately
take out pre-employment , the interns , seasonal and temporary staff would still be
covered under the reasonable suspicion part .
Kristie pointed out that it is her understanding is if we take out the pre-
employment drug testing part we can no longer call this a Drug Free Workplace
Policy , you have to give it some other name . This can also potentially take away
the breaks we get for interns or other federal monies . One of the things you
normally see in a Drug Free Work Place Policy is the pre-employment drug
screening .
Cathy believes we need to see what the impact of this would be .
Sandy stated that except for the pre-employment testingi , which she does not
agree with , the policy is a nice piece of work . It' s clear a lot of work went into it
and it' s very clear. There ' s not much room for misinterpretation .
Judy agreed that we could keep the main part of the policy. The goal was , this is
where the name came from , we want a drug free work place . The title is due to
the federal act , which for any kind of company that receives federal grants or
contracts , they have to have a written drug free policy . Some of the drafting in
this policy came out of the federal governments act .
Carrie asked if reasonable suspicion would be available to all employees or just
department heads .
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t
Judy responded that at this point would be for supervisors . The realm of
supervisors at Highway — from Fred down to Don and Rich Ten Kate , the working
supervisors , all the department heads at Town Hall and their assistant
department heads . The training is designed for teaching somebody who has the
ability to do something about it.
Sandy suggested that the people who receive the training should share it with the
people under them . It' s helpful to know what to look for.
Tee-Ann added as an example , the support staff should have the tools to assess
a situation if their supervisor happens to have an alcohol or drug problem .
Sandy stated this is the way you remove the punitive aspect of it — by making it
equitable .
Judy will check with Family and Children ' s Services if they have training that
might be more informative across the board .
Sandy expressed what really needs to be passed on is what are the things you
look for.
Cathy called for all those members wanting to leave the pre-testing in , as in now
stands , to raise their hands : 2 — in favor
The Personnel Committee recommendation being sent, to the Town Board will be
to eliminate the testing for pre-employment . Along with the few little clean-ups
recommended by Jon , i . e . language for post accident testing .
Agenda Item #5 : Discuss and establish goals for 2004 :
Tabled ,
Adjourned : 2 : 50 p . m .
16
March 8 , 2004 Town Board Meeting ATTACHMENT # 9
Attorney at Law
306 East State Street , Suite 230
Ithaca , New York 14850
Telephone : 607-277.-3995 E-mail : brock@claritycornnect. com
Facsimile : 607-277-8042
February 25 , 2004
Supervisor Catherine Valentino
Town of Ithaca
215 N. Tioga St.
Ithaca, NY 14850
Re : Engagement Letter for Legal Services
Dear Supervisor Valentino :
This will confirm the terms on which the Town of Ithaca :has retained me to work on
intermunicipal sewer projects that benefit the six participating municipalities (Town of Ithaca,
City of Ithaca, Town of Dryden, Village of Cayuga Heights, Town of Lansing and Village of
Lansing) . The Town of Ithaca will pay one-sixth ( 1 /6) of my bills for such work.
My current hourly rate is $ 140. 00. All time, including but not limited to conferences ,
telephone calls, document drafting, research, travel, and any court or administrative appearances,
will be billed on an hourly basis, to the nearest one-tenth of an hour. In addition to my time
charges , I will bill for my actual disbursements, including but not limited to long distance
telephone and long distance fax charges, photocopying in bulk, any out-of--town travel expenses ,
any court filing fees, and other miscellaneous out-of-pocket expenses .
I will submit monthly bills to you showing a detailed description of services and a
breakdown by day as to how much time was spent on the matter. The bills will also show an
itemization of disbursements for which you are being charged. The bill will set forth the 1 /6`h
amount for which the Town is responsible.
In the event that a dispute arises between us relating to my fees, you shall have the right
to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the
Courts, a copy of which will be provided to you upon request.
My separate engagement letter and billing arrangements with the three owners of the
Ithaca Area Wastewater Treatment Plant will continue to apply to 'work that benefits only that
Plant.
If the foregoing accurately describes our agreement, please sign the enclosed copy of this
letter and return it to me in the enclosed self-addressed stamped envelope . The other copy is for
your records .
Supervisor Catherine Valentino
February 25 , 2004
Page 2
Please do not hesitate to discuss with me any questions you may have about this letter or
any future bills . I look forward to my continued work with you and the other municipalities .
Sincerely,
1.
Susan Hajda Brock
Enclosures
Signature : Date :
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March 8 , 2004 Town Board Meeting ATTACHMENT # 10
TOWN CLERK ' S MONTHLY REPORT
TOWN OF ITHACA, NEW YORK FEBRUARY , 2004
HE SUPERVISOR : PAGE I
ant to Section 27 , Subd I of the Town Law , I hereby make the following statement of all fees and moneys received
in connection with my office during the month stated above, excepting only such fees and moneys the application
ana payment of which are otherwise provided for by Law :
A1255
7 MARRIAGE LICENSES NO . 04006 TO 04012 87 .50
9 MISC . COPIES 33 .35
5 SUBDIVISION REGULATIONS 15 .00
11 TAX SEARCH 55 .00
I COMPREHENSIVE PLAN 12 .00
1 PARK OPEN SPACE EXEC SUM 5 . 30
5 MARRIAGE TRANSCRIPT 50.00
13 COPY OF TAX BILL 2 . 60
TOTAL TOWN CLERK FEES 260.75
A1557
I SPCA IMPOUND FEES 40.00
TOTAL A1557 40.00
A2540
6 BINGO PROCEEDS 27 . 61
TOTAL A2540 27.61
4
DOG LICENSES 522 . 93
TOTAL A2544 522.93
B2110
10 BUILDING PERMIT 2 ,535 .00
1 CERTIFICATE OF OCCUPANCY 50 .00
1 TEMP. CERT. OF OCCUPANCY 200. 00
2 FIRE SAFETY INSPECTIONS 62 .50
2 ZBA AREA & USE VARIANCES 160.00
TOTAL B2110 3,007.50
B2115
3 SUBDV . REV. FINAL PLAT 230.00
TOTAL B2115 230.00
TOWN CLERK ' S MONTHLY REPORT
FEBRUARY, 2004
Page 2
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DISBURSEMENTS
PAID TO SUPERVISOR FOR GENERAL FUND 851 .29
PAID TO SUPERVISOR FOR PART TOWN FUND 35237 . 50
i
PAID TO COUNTY TREASURER FOR DOG LICENSES 106.07
PAID TO AG & MARKETS FOR DOG LICENSES 27 .00
PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 157 . 50
TOTAL DISBURSEMENTS 4,379.36
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MARCH 2 , 2004 SUPERVISOR
STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA
I
I, TEE-ANN HUNTER, being duly sworn , says that I am the Clerk of the TOWN OF ITHACA
that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting
only such Fees the application and payment of which are otherwise provided for by law.
Subscribed and sworn to before me this
Town Clerk
day of 20
i
Notary Public
I
TOWN OF ITHACA
Highway Department' s Monthly Board Report
March 8, 2004
Administration
Annual safety training for the highway crews was conducted during February . The
topics include fall protection, hazardous waste operation and emergency response,
respiratory protection, permit-required confined space, power operated hand tools,
ground fault protection, lockout / tagout, and general protection requirements for
excavation. In March we will complete this years required safety training by covering
the following topics: work zone safety, violence in the work place, and sexual
harassment. We will also offer first aid and CPR training. During February we
scheduled the crews annual hearing tests . This was started and will continue in March
(due to Ithaca College' s hearing test machine breaking) .
The Sr . Engineering Technician has been doing design work for the Highway's summer
projects . This will be done in time for the crews to start the summer projects in April or
May .
Water Work
There were four water main breaks in February . Two where in the Northeast, one was
on East Hill, and one was on South Hill . The Town's crews checked the pavement cuts
at the water main break sites to keep them maintained until final pavement repairs can
be made .
Tree and brush trimming at the Ridgecrest Water Tank site was completed so the new
fencing can be installed as soon as the weather breaks .
The Town crews also assisted in several confined space entries with S.C . L .I .W.C .
personnel for maintenance and meter readings .
The Engineering Technicians have resume inspections on the water projects that were
started in 2003 . Basically, the only one to resume is the Coy Glen Road pump station.
The rest of the water projects started in 2003 will have to wait for spring to complete the
final landscaping and restoration.
Sewer Work
The Penny Lane Sewer Pump Station had an alarm go off that alerted personnel there
were problems . After responding, we assessed that the one pump had problems
resetting to one pump operation . Repairs to the grounds are scheduled for early March .
Road Work
We continued to work on snow removal as necessary, although, winter seems to be
winding down.
We have worked on re-inventorying the Town's assets at the Pubic Works Facility. This
should be completed in March.
The Highway crews have been going around and trimming trees on the Town's Rights-
of-way during the month.
Parks Work
Some basic maintenance throughout the Town' s parks and trails has been done during
February . We will start clean up in the parks and along the trails as the snow melts .
ghk
Town Engineer's Report for 3/3/2004
Town Board Meeting
GENERAL
Pre- Disaster Hazard Mitigation Plan
Tetra Tech, Inc. the consultant for development of the Tompkins County Multi jurisdictional All- Hazard Mitigation Plan has
prepared the draft plan. The Plan committee is reviewing the plan and will be scheduling meetings for public input.
EARTH FILL PERMITS
No fill permits were issued during January or February.
WATER PROJECTS
Water SCADA System
The Town Engineering staff has been working with Bolton Point staff to develop a wireless Supervisory Control And Data
Acquisition (SCADA) system to improve operation of the SCLIWC water system , which includes the Town of Ithaca water
system . The system will provide connectivity for level and pump controls in a network between the water tanks, pump
stations and control valves in the water system . The system will replace an old analog control system that requires leased
telephone lines, which are very expensive to operate .
East Hill Transmission Main and Storage Tank
The Town Engineering staff is completing the Final design for a proposed transmission main on Ellis Hollow Road from
Summerhill Lane to the proposed SCLIWC 3 million-gallon tank on Cornell University Hungerford Hill Road property.
The Town Engineer has been involved in discussions with Cornell staff to obtain the tank site . This project has been in
the long-range capital improvement plan for the Bolton Point Water System and will strengthen the transmission system
with additional storage. This transmission system improvement is an important part of the plan to provide SCLIWC
water to the West Hill and Inlet Valley water service area .
South Hill Transmission Main and Bostwick Road Storage Tank
The contract for construction of the South Hill transmission main and Bostwick Road Tank, awarded to Procon
Construction, is substantially complete . As of the end of December the Inlet valley service area has been supplied with
water from Bolton Point through the Stone Quarry Road PRV station. The Bostwick Road Tank has been tested and
accepted by the Town Engineer and will be put in service when the control system is complete.
West Hill Water Tank and Water Main
Natgun Inc . has completed the tank and water main on the West Hill Tank project . Road improvements are substantially
complete . Tank backfill and rough site grading are complete with final site restoration planned for the spring. Town
forces will be planting trees and shrubs to complete the landscaping work as weather permits this spring.
SEWER PROJECTS
South woods Subdivision Force Main
The Developer has started constructing the high lift pump station and 4" DIP force main to the existing sewer on Troy
Road in December. The Existing gravity sewer on Troy Road will be extended approximately 300 feet to the south side
of Troy Road as part of this project.
TOWN ENGINEERS REPORT 3/8/2004
STORM WATER MANAGEMENT
South Hill
The Engineering staff and an engineering intern from Cornell are completing development of the Hydrologic model of the
South Hill watershed. The model includes delineation of drainage ways and storm water outlets. The completed model will
give the Town an additional tool to use in reviewing future development projects in the area and in identifying solutions to
existing problems. This work is a requirement of the Storm Water Management permit issued by New York State.
DEVELOPMENT REVIEW
ECOVILLAGE
EcoVillage is nearing completion on the site work and buildings for the Second Residents ' Group. Sediment and erosion
controls have been maintained adequately during construction . Final site work and landscaping will be completed as the
Buildings are finished.
COLLEGE CIRCLE
Ithaca College has substantially completed the additional Parking for College Circle on the North side of the apartment
project. This received site plan approval from the Planning Board and the Engineering staff has inspected drainage
improvements and sediment control work. Final site restoration will be completed when weather permits.
LINDERMAN CREEK PHASE TWO
Linderman Creek Phase Two is substantially complete and the owner has started the construction of Phase 3 , which
consists of 3 eight-unit buildings. The Town Engineering staff is inspecting the site periodically to ensure compliance
with the approved site plan.
Town Engineer's Report March 8,2004
Daniel R. Walker Page 2 3/3/2004
OF I T�
_ 9a TOWN OF ITHACA PLANNIN (s DEPARTMENT
18 zl 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850
4�� W 4
Jonathan Kanter, A.LC .P . (607) 273-1747
Director of Planning FAX (607) 273-1704
Planning Director ' s Report for March 8 , 2004 Town Board Meeting
DEVELOPMENT REVIEW
January 6 , 2004 Meeting : Cancelled
January 20 , 2004 Meeting :
Holly Creek Subdivision and Development, Corner of West King Road and Danby Road : The
Planning Board granted Final Subdivision Approval and Final Site Plan Approval for the proposed
8 -lot Holly Creek 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 , Residence District
R- 30 , Multiple Residence , and Business District "C" . The proposal is to subdivide the 15 +/- acre
parcel into 5 lots for single-family residences, two lots totaling 4 . 63 +,1- acres for 20 apartment units
in four buildings, and reserve the remaining 5 . 01 +/- acre lot along Danby Road for future
commercial development. David C . Auble , Owner/Applicant; Mike Thorne , Agent.
Recommendation to Town Board Regarding Inter-governmental Agreement with Tompkins
County to Exclude Certain Municipal Planning and Zoning Actions from the Referral
Requirements of New York State General Municipal Law , The Planning Board issued an
affirmative recommendation supporting this inter-governmental agreement.
Election of Vice-Chair : Eva Hoffmann was nominated and elected to serve as Vice-Chair of the
Planning Board for 2004 .
February 3 , 2004 Meeting : (Cancelled due to winter storm)
February 17 , 2004 Meeting :
Overlook at West Hill, 1290 Trumansburg Road : The Planning Board continued a public hearing
(opened on December 16 , 2003 ) on an environmental determination regarding subdivision approval ,
site plan approval , and a recommendation to the Town Board regarding a rezoning for the Overlook
at West Hill proposal , located at 1290 Trumansburg Road (NYS Route 96) , Town of Ithaca Tax
Parcel No . 24-4- 14 . 2 , Residential District R- 15 . The proposal consists of two phases of residential
development, consisting of 128 affordable rental apartment units in 16 buildings and a community
center in Phase I on a 24 +/- acre portion of Tax Parcel No . 24-4- 14 . 2 , and 15 lots for single-family,
market rate homes in Phase It on about 19 acres of the subject property . The current owners would
retain about 5 acres containing the existing medical practice fronting on Trumansburg Road . The
applicant is currently requesting consideration of rezoning the 24 +-/- acres for affordable rental
apartments from R- 15 Residence to MR Multiple Residence and preliminary subdivision and site
awn f thr� a i" a n rr ��ort A
r� a Utt4 7'r�wn�BQarr�p� eettrzg� �ro � , ,
plan approval for the Phase I apartments . Song Ja Kyong, Owner; Aris Investments , Applicant;
Grace Chiang, HOLT Architects and Peter Trowbridge, Trowbridge & Wolf, Landscape Architects ,
Agents . The public hearing was closed, and the Planning Board tabled a decision on the
environmental determination to be continued at a special meeting on February 26 , 2004 ,
February 26, 2004 Special Meeting :
Overlook at West Hill, 1290 Trumanslburg Road : The Planning Board continued discussion
regarding the environmental determination for the proposed Overlook at West Hill development.
The Planning Board issued a negative declaration of environmental significance pursuant to the
NYS Environmental Quality Review Act (SEQR) . The Planning Board then held a public hearing
on preliminary subdivision approval, preliminary site plan approval , and a recommendation to the
Town Board regarding a rezoning for the Overlook at West Hill proposal . Due to the late hour, the
public hearing was left open, to be continued at a special meeting, to be held on Thursday, March 4 ,
2004.
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following are accomplishments or issues that have been dealt with over the past month.
SEQR Reviews for Zoning Board : One SEQR review for the Zoning Board was done since the
January report : request for height variance for the construction of a single-family house on a lot
which will temporarily not front on a public road (pending construction of Old Gorge Road in the
Southwoods Subdivision) , located at 301 Old Gorge Road, Residence District R- 30 , Jim Clark,
Appellant.
Codes and Ordinances Committee : The Committee met on January 21 " and February 181h , 2004 .
Agenda items for the two meetings included a discussion of work plan priorities for 2004 ,
continuation of review of local law establishing fees , and continuation of review of the Town ' s
Environmental Review Law . The next meeting is scheduled for March 17 , 2004, where discussions
on the above items will continue .
Transportation Committee : The Committee met on January 22nd and February 19th, 2004 . The
January 22'd meeting was a working session to discuss and work on details for the Transportation
Plan. Discussions at the February 19th meeting focused on draft Goals and Objectives for the
Transportation Plan (prepared by the Planning Department) , an outline of the Inventory chapter of
the Plan, and a discussion of the ITCTC traffic model and several development scenarios that had
been run in the model . The next meeting is scheduled for March 18 , 2004 ,
Conservation Board : The Board met on February 5 , 2004 (the January meeting was cancelled due to
winter weather) . Diane Conneman was nominated and elected as Vice-Chair. Discussion items
included the Richard Fischer Award and the draft stream protection ordinance. The Conservation
Board is interested in getting input from the Town Board regarding the presentation of the Fischer
Award. This may be an informal discussion item at the March 8th Town Board meeting. The next
meeting is scheduled for March 4 , 2004 .
2
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MarGh8, 4our�iBoarrlFM�ing,o ,
MOA Planning Coalition : The Planning Coalition met on January 281h and February 25th , 2004 .
The Coalition meets on the last Wednesday of each month and consists of representatives from all
of the municipalities in Tompkins County. Discussion items at these two meetings included work
plan priorities for 2004 , how municipalities approach flag lots, and a compilation of municipal
definitions of "open space" . The next meeting is scheduled for March 31 , 2004 .
ITCTC Planning Committee : The Ithaca-Tompkins County Transportation Council (ITCTC)
Planning Committee met on February 17 , 2004 . Agenda items included a review of the 2004/05
Work Program, a review of possible changes to the Functional Road Classifications System , and an
update on the Long Range Transportation Plan . The Tompkins County Public Works Department
has proposed a significant number of changes in the Functional Classification System in a year that
was supposed to include only minor modifications . To address this dilemma, a sub-committee was
established to take a closed look at these proposals and to report back to the Planning Committee so
that recommendations can be forwarded to the Policy Committee . A number of chapters of the
Long Range Plan update have been drafted, and a second public meeting on the Plan is being
scheduled for sometime in March . The next meeting of the Planning Committee is scheduled for
April 20 , 2004 at 10 : 00 a . m.
Capital Projects and Fiscal Planning Committee : The Committee is scheduled to meet on
Wednesday, March 3 , 2004 at 3 : 00 p .m . for a staff organizational meeting .
Spring Newsletter : Articles for the Spring Newsletter were due March 1 , 2004 . Tentative articles
include an announcement of the adoption of the new Zoning Ordinance , the Supervisor ' s Annual
State of the Town Message , preliminary results of the transportation survey, spring brush and leaf
collection schedule , and an update by the Conservation Board on its viewshed study . The tentative
schedule is for the Newsletter to be mailed out in the beginning of April .
Economic Development Strategy Committee : The Supervisor and Director of Planning attended the
January 29 , 2004 meeting of the Economic Development Strategy Coordinating Committee.
Reports were given on the Workforce Development Strategy and the Ithaca Downtown Partnership
Strategy.
Forum on "Housing in Tompkins County" : This was a community workshop held by the
Community Foundation of Tompkins County and the Tompkins County Chamber of Commerce on
February 12 , 2004 . Discussions focused on how to improve the quality of life relating to housing
for people who live or work in Tompkins County . A "Background Report" was provided to
workshop attendees (copies of this report have been distributed to Town Board members) .
Tompkins County Communications Project — Working Group : Tompkins County sponsored a
meeting with Town of Ithaca and Ithaca College officials on February 23 , 2004, to discuss the
proposed communications project, and in particular, a new telecommunications tower planned at the
Ithaca College campus . This would be part of the County ' s planned improvements to the County-
wide emergency services communications system . The new tower (estimated to be 180 feet tall) at
Ithaca College would replace the existing radio tower (about 150 feet tall ) . The County indicated its
willingness to work with the Town of Ithaca to go through the necessary approval process . The
next step is for the County to submit applications to the Federal agencies (FCC , FAA) and to
prepare a sketch plan showing locations of the proposed facilities . Upon completion of a sketch
3
�ovn�a,���hao Ianning�Dxrec�tor�rReport
Mttrchb' O114�ownBoarr� 1Vleetzng� k
plan, the working group will meet again. The County hopes to submit a sketch plan to the Planning
Board for review as soon as possible .
New Zoning Ordinance — Follow-up Discussion with NYS Dept. of Agriculture and Markets : A
follow-up meeting has been scheduled with a representative of the NYS Department of Agriculture
and Markets for March 16 , 2004 to continue discussions regarding the new Zoning Ordinance and
how it may impact agricultural operations in the Town .
2003 Annual Report : The 2003 Planning Department Annual Report was prepared by the Planning
staff, submitted to the Town Board , and accepted at the February 9th Town Board meeting.
William and Hannah Pew Trail : After reconsidering, the property owners have decided to go back
to the original property conveyances, which include donation of a large parcel for passive park and
open space purposes to complement the planned trail . The Attorney for the Town and Planning
staff have followed up with the property owners to get all of the closing details finalized. With this
update , it appears that construction of the trail can begin this spring .
4
• TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF DECEMBER 2003
MONTH YEAR TO DATE
TY PERMIT YEAR # OF PERMITS .AMOUNT #� AMOUNT
SI FAMILY 2003 2 350,000 27 41852,818
RE CES 2002 0 0 19 2,7881000
2003 0 0 5 9707000
TWO FAMILY RESIDENCES 2002 3 585,000 11 27200,000
2003 3 27,523 25 481 ,822
RENOVATIONS 2002 1 125000 13 143,984
2003 1 21000 5 1217500
CONVERSIONS OF USE 2002 0 0 6 917779
2003 2 1359000 23 895,565
ADDITIONS TO FOOTPRINT 2002 6 263,500 25 111569284
2003 0 0 6 119299760
MULTIPLE RESIDENCES 2002 0 0 36 16, 104,890
1 Grayhaven Motel add kitchen to rooms 20 and 21 400
1 Grayhaven Motel renovate room 10 15.000
2003 2 19,000 17 91448,500
BUSINESS 2002 1 21000 12 11988,920
2003 0 0 1 29500
AGRICULTURAL 2002 0 0 0 0
2003 0 0 0 0
INDU TRIAL 2002 0 0 0 0
2003 0 0 17 110937000
E ZONAL 2002 4 3527000 18 5,603, 168
MI ANEOUS 2003 1 Town of Ithaca water tank 2107000 43 629,279
CONSTRUCTION 2002 4 94,000 41 276007689
TOTAL NUMBER OF d2003 003 111 743,523 169 20,4241744
PERMITS ISSUED 002 19 113087500 181 32,6779714
TOTAL FEES 11 1 , 125 169 28,815
RECEIVED 002 19 21690 181 447790
Date Prepared: January 13, 2004
Dani L. Holford
Building/Zoning Senior Clerk Typist
December 2003, Page 2 ,
TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS NIONTH - 26 �1
1 . 205 Muriel Street - screened porch addition.
2 . 288 Hayts Road - 24' x 24' garage addition.
3 . 1205 Hanshaw Road - rear porch addition.
4. 883 Taughannock Boulevard - rear deck addition.
5 . 1452 Hanshaw Road - add basement dwelling unit.
6. 206/208 Rachel Carson Way (EcoVillage) - new two-family home - temporary.
7. 210/212 Rachel Carson Way (EcoVillage) - new two-family home - temporary.
8. 216 Northview Road West - "tea house" accessory building.
9. 201 Coddington Road (IC) - renovations to office space - temporary.
10. 154 West Haven Road - kitchen and bath renovation - basement apartment.
11 . 154 West Haven Road - sunroom addition.
12. 142 Westview Lane - new enclosed porch.
13 . 17 Saunders Road - new three bedroom home with attached garage.
14. 1 :301 Tntmansburg Road, Suite N (Cayuga Professional Building) - office renovation - temporary.
15 . 365 King Road East - new 24' x 32' detached garage.
16. 101 Hands B. Dates Drive (CMC) - new Cat scan room on 2nd floor.
17. 339 Stone Quarry Road - 40' x 40' pole barn.
18. 635 Elm Street Extension - 2 floor (859 square foot each) building addition.
19. 300 Hayts Road - sunroom addition.
20. 411 Summerhill Lane (Plaza East) - new 7 unit multiple dwelling - final.
21 . 109 Summerhill Plaza (Plaza East) - new 7 unit multiple dwelling - final.
22. 116 Summerhill Lane (Plaza East) - new 7 unit multiple dwelling with attached garage - final.
23 . 7 Evergreen Lane - 4 bedroom single-family home with attached garage.
24. 101 Harris B. Dates Drive (CMC) - first floor renovations - temporary.
25 . 130 West Haven Road - new second floor bedroom - temporary.
26. 210/212 Rachel Carson Way (EcoVillage) - new two-family home - final.
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 2003 - 229
TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 2002 - 180
INQUIRIESICONIPLAINTS INVESTIGATED THIS (MONTH - 5
1 . 1319 Hanshaw Road - building code - abated.
2. 1103 Danby Road - signs - pending.
3 . 112 Winston Dri ve - signs - abated.
4. 1564 Slaterville Road - fill - no violation found.
5 . 617 Elm Street Extension - building code - abated.
From October 2003 :
4. 358 Warren Road - property maintenance - abated.
5. 635 Elmira Road - zoning - pending.
From May 2003 :
1 . 203 Bostwick Road - fill - pending.
From December 2000:
1 . 172 Calkins Road - property maintenance - (partially abated) - limited timeframe agreed to for complete! abatement.
December 2003 , Page 3
i From May 1995 :
t'AL 2 Danby Road - zoning and building code - legal action pending - Building Permit applied for corrections.
COMPLAINTS INVESTIGATED YEAR 7"O DATE. 2003 - 47
CO?1PLAINTS INVESTIGATED 1"EAR TO DATE. 2002 - 4I
FIELD �"ISITS THIS :�IONTH - 93
Uniform Building Code - 56
Local Law and Zoning Inspections - 8
Fire Safety - 28 ( 16 offices/businesses, 3 restaurants, 2 clubs, I museum, 1 school, 1 church, I B&B, I senior citizens complex, 1 apartment complex [8 buildings,
56 units], I industrial factory)
Fire Safety Reinspections - 0
Fire/Emergency Occurrences - I (house [fireplace])
Fire Occurrence Reinspections - 0
TOTAL FIELD VISITS YEAR TO DATE. 2003 - 987
TOTAL FIELD N ISITS YEAR TO DATE. 2002 - 932
TOTAL SIGN PERMITS THIS MONTH - 0
TOTAL SIGN PERMITS YEAR TO DATE. 2003 - :
TOTAL SIGN PERMITS YEAR TO DATE. 2002 - 7
ZONING BOARD OF APPEALS
I MEETING, 3 CASES, AGENDA ATTACHED
TO'%'VN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
�1ONDAV, DECEMBER 15, 12003
7 .00 P.M .
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, December
15 , 2003 , in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT
7 : 00 P.M. , on the following matters :
APPEAL of Robert Ploessl, Appellant; requesting a Variance from the requirements of Article IV, Section
14 of the Town of Ithaca Zoning Ordinance to be permitted to maintain an existing single family home
Granted With a front yard building setback of 14.4 feet (25 foot setback required), at 136 Whitetail Drive, Town of
Ithaca Tax Parcel No. 44- 1 - 156, Residence District R- 15 .
APPEAL of Omnipoint Communications, Inc . , d/b/a T-Mobile U. S.A. , Appellant; Jeffrey W. Davis of
Granted Counsel, Agent; requesting a Special Approval under Article XIII, ISection 70a of the Town of Ithaca
Zoning Ordinance to be permitted to place telecommunications equipment co-located at an existing Cornell
University Water Storage Tank, located at 756 Dryden Road, Town of Ithaca Tax Parcel No.
65- 1 -5 .2, Residence District R-30. A Variance from the requirements of Article V, Section 18 . 10 is
also requested to permit equipment to be placed at a height of 74 feet (30 foot height limit).
Granted APPEAL of Heritage Townhouses Inc . , Appellant; George R. Frantz, Agent; requesting an interpretation of
158 , 160 Article IV, Section 11 . 2 of the Town of Ithaca Zoning Ordinance as to the intent of said regulation as it
and 162 pertains to the size and location of a second dwelling unit in a two family home. Alternately a request
Troy Rd from the requirements of Section 11 .2 may also be requested to permit the second unit to be more than 50
Denied percent of the square footage of the primary unit in a two family home, with said homes being located at
214 King 158, 160, 162 Troy Road and 214 E. King Road, Town of Ithaca Tax Parcel No. ' s 44- 1 -4. 50, 44- 1 -4 . 51 ,
Rd East 44- 1 -4 . 52 and 44- 1 -4.41 , Residence District R- 15 .
Said Zoning Board of Appeals will at said time, 7 : 00 p.m. , and said place, hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs, as appropriate, will The provided with assistance, as
necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior
to the time of the public hearing.
Andrew S. Frost
Director of Building and Zoning
273 - 1783
Dated : December 5 . 2003
Published : December 8. 2003
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Regular Meeting of the Ithaca Town Board
Monday, March 8 , 2004
Human Resources Report for February 2004
Personnel Committee : The draft minutes from the February 23rd meeting are
attached to the information for the Drug Free Workplace Policy. As you will be
able to see from the minutes much of the discussion focused around the revised
Drug Free Workplace Policy ,
Safety Committee : Attached is a copy of the minutes from the February 26th
meeting . Since the meeting the light bulbs at Town Hall have been changed and
the lighting is much brighter .
Personnel — Civil Service :
The exam was given February 21 , 2004 for the Recreation and Youth
Coordinator position . The results from the exam will not be available until mid to
late March .
Commercial Insurance :
I am working with Charlie Gibson , agent for Ithaca Agency , to increase the
deductibles to levels that we can handle the expense if there is a claim and an
affective premium savings . Most of what I am seeing is that the savings is so
small that it might not be worth changing to the higher deductible .
Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) :
There were no new accidents reported in February .
The Town was informed of a new training grant program available through
PERMA . I submitted an application for the Defensive Driving Training that the
highway employees with a Commercial Drivers License underwent . The Town
cost was $ 1780 . We received notification from PERMA that we were approved
for the grant and would be reimbursed for 50% or $890 ( letter attached . )
Disability Insurance :
One of the employees that went out in January for surgery returned to light duty
February 4th and is currently still on light duty . The second individual may be
able to return for light duty in the beginning of March .
Submitted By :
Judith C . Drake , PHR
Human Resources Manager
Public Employer Risk Management Association, Inc.
9 Cornell Road, Latham, NY 12110 • P. O . Box 12250, Albany, NY 12212 - 2250
Toll Free in US : (888)PERMA-NY 0 Fax : ( 877 )PERMA-PAX Tel: ( 518 ) 220- 1111 FEB 2 7
PERMAm
February 24 , 2004
MS . Judith Drake , Human Resources Manager
Town of Ithaca
Town Hall
215 North Tioga St .
Ithaca , NY 14850
Dear Judith :
I am pleased to inform you that your PERMA Safety Training Grant
application has been approved . The amount requested in your application
totaling $ 1 , 780 , will be funded at 50 % ( in accordance with grant guidelines ) ,
or $ 890 .
Please submit documentation of the payment made for the training programs
outlined in your grant application . It is important to be sure that the training
programs on your payment documentation match those outlined in your
application . Once the proper documentation has been received , your
reimbursement will be issued in the amount indicated above .
We hope that the PERMA Safety Training Grant Program has helped improve
your safety program and we encourage you to participate in the future .
Sincerely ,
Edward C . Bonaccorso , CSP
Vice - President , Loss Control
Providing a safety net for the public employers and employees c f New York
DRAFT DRAFT
Town of Ithaca
Safety Committee Minutes
Public Works Facility
Thursday, February 26 , 2004
Present : Fred Noteboom , Dave Boyes , Tim Eighmey , Judy Drake , Kristie Rice ,
Creig Hebdon
The meeting began at : 1 : 40pm
1 . MINUTES :
January 10 , 2004 minutes approved .
2 . REVIEW OF ACCIDENTS / INCIDENTS :
The committee reviewed the latest accident involving an employee slipping on
ice when stepping up into a truck . There were many circumstances to the
event including bad weather and being a far distance from home . The
committee concluded that there weren 't any recommendation for engineering
out the problem or creating a policy that would have mitigated the accident .
3 . UPDATE ON STATUS OF SAFETY TRAINING :
Fred updated the group on what has been done already in December,
January and February comparatively to the recommended training schedule .
The group has received all the training to date as suggested by the training
schedule . The committee discussed the to offered training of First Aid and
Adult CPR . These are offered as an optional training . Kristie will be providing
the training but needs to find out the hours required for each and the cost for
the certification cards . The dates for the training are to be determined . In
April the training recommended includes Violence in the Workplace , Sexual
Harassment and we want to add Drug Free Workplace Reasonable Suspicion
awareness .
4 . REVIEW INDOOR AIR QUALITY :
It was brought to the committee's attention by an employee request that there
are indoor air quality issues at Town Hall . The committee reviewed the
information that Lisa Carrier-Titti provided to Fred about indoor air quality .
This included a free program that would assist in facility maintenance of air
quality items , e . g . : filters . The group discussed the true issue being the need
for a regular maintenance schedule for changing or cleaning of filters . The
other issue is the heating system not working properly so that some people
are comfortable and then others are freezing or way too hot . Fred will assist
Joe Hulbert in developing a regular maintenance schedule for changing and
or cleaning of the filters .
DRAFT DRAFT
5 . REVIEW OF LIGHTING QUALITY .
It was brought to the committee ' s attention by an employee and Personnel
Committee that there are lighting issues for Town Hall . Town Hall is not
properly lit and causes people suffer from Seasonal Affective Disorder (SAD)
especially in the winter months as there is little sunlight coming in . The other
issue is that some of the lights in the main work area have not been cleaned
from the construction dust . Fred will discuss these issues with Joe Hulbert to
see when he could schedule time to replace the bulbs with these new bulbs
that make it much brighter and to get the others cleaned .
6 . UPDATE ON STATUS OF OTHER ITEMS .
a . Drug Free Workplace Policy
Judy , Dave and Kristie update the group on the discussion from the
Personnel Committee , The Personnel Committee voted to send the
draft policy to the Town Board after removing pre -employment from the
drug testing section . The committee felt that the Town Board should
still consider leaving that in . The committee will put a letter together to
send with the Drug Free Workplace Policy in support of leaving in the
pre-employment drug testing . The rest of the su ( gested changes from
the Personnel Committee including describing post accident and more
on reasonable suspicion where agreed with . Kristie will draft letter for
the group and pass it around for editing .
b . Town Liability for Accidents :
There was an article in the paper that day regarding the Town of
Lansing plow truck hitting a parked car and the Town ' s insurance
denied the claim . The article referred to the claimant then saying they
were going to claim against the plow driver. Judy will check into this
further with the Town ' s insurance agent .
Next meeting : Friday , April 2nd at 8 : 00 am
Meeting adjourned at : 3 : 00 pm
2004 TAX COLLECTION
RECEIVER OF TAXES
MONTHLY REPORT
AS OF FEBRUARY 29 , 2004
TOTAL NO. OF TAX BILLS ON WARRANT : 5133
TOTAL TOWN WARRANT (LEVY) . $ 4,4869795.07
01 / 19/04 1ST PAYMENT : TOWN OF ITHACA SUPERVISOR $ 2, 1811424 . 07
01 /28/04 FINAL PAYMENT : TOWN OF ITHACA SUPERVISOR $ 21305 ,371 . 00
TOTAL WARRANT BALANCE DUE . $ 00000
MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR
(TO BE PAID TO SUPERVISOR IN JUNE) :
03/01/04 JANUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 2 ,994 . 52
02/28/04 FEBRUARY PENALTIES $ 991 .94
03/31 /04 MARCH PENALTIES $ 01000,000 .00
04/30/04 APRIL PENALTIES AND $2 .00 SERVICE CHARGES $ 05000,000 .00
05/31 /04 MAY PENALTIES AND $2 .00 SERVICE CHARGES $ 05000,000 .00
TAL TOMPKINS COUNTY WARRANT , $ 696719901969
/ 13/04 1ST PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 51000 ,000 . 00
03/01 /04 2ND PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 100 . 000 . 00
01 /01 /04 3RD PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 010007000.00
01 /01 /04 4TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 0 ,000 .000 . 00
01 /01 /04 5TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 010009000 .00
01 /01 /04 6TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 0,000 . 000 . 00
BALANCE DUE TOMPKINS COUNTY WARRANT . $ 195719901969
MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE:
03/01 /04 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 17554 . 14
03/31 /04 MARCH INTEREST RECEIVER ' S CHECKING ACCOUNT $ 070007000 . 00
04/30/04 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 0,0001000. 00
05/31 /04 MAY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 09000 ,000 .00
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File Edit View Favorites Tools Help u
Town of Ithaca, NY
Network/Record Specialist Report to Town Board
March 8, 2004
Jan & Feb Web Site Visits
m Jan ■Feb
1200 — -- ----- ---
�, 1000
y 800
> 600
0 400
200
0
Home Godt Services Information Community
Pages
i We
any website visitors have sent in positive responses regarding the Town's website via our
terest Survey. This survey can be found on the Town's homepage. In response to inquires regarding
why meeting minutes are not available on our site, a"Meeting Minutes"button has been added to the
Information Page. This page explains how to obtain copies of any Board minutes.
• A Macintosh user's claim that our website loads very slowly and often causes their machine to "crash"
is being investigated.
Network
Computer Access for Town Board members
• A computer at Town Hall has been set up for Town Board members' use. The workstation is
downstairs just outside of the Inactive Storage room. Please contact Lisa at 273-1721 ext 132
with questions. To log on to the computer:
• User name= townboard
• Password = ithaca
Additional Items
SDG Database Proiect
• SDG has completed all outstanding issues per the contract. Access will be granted to all
Town Hall staff with training sessions to follow.
ecords Mann ement Da
• The Town Hall staff conducted a Records Management Day on February 27th.
1-W1 P
Start Pi Caellim Inbox•Miaosoft OAA of Ithaca-&... {�
I J � I
March 8 , 2004 Town Board Meeting ATTACHMENT # 11
To : Town Board , Town of Ithaca
From : Nicole Tedesco
Date : 8 March 2004
RE : Preliminary Results of Town Transportation Survey
Due to space constraints, detailed information on the Transportation Survey (initiated by the
Town Transportation Committee) was not included in the Spring 2004 Town Newsletter. In
order to keep you up to date with the progress of the survey, the details of the preliminary results
are included below .
• General/ Demographic Information
o 13 . 76 % of the surveys were returned (611 out of 4,440)—an excellent response
rate
o Respondents generally lived in single family homes (92%), described themselves
as spouses and/ or parents ( 57 . 9% and 45 . 3 %, respectively), and have lived in the
Town for an average of 19 . 7 years .
• Transportation Patterns
o 86 . 4% report the private motor vehicle as their primary mode of transport; an
average of 1 . 81 motor vehicles were available for use by each household .
o 5 . 7% report the private motor vehicle and TCAT services as their primary
modes of transport
■ 16 . 3 % said they would use the TCAT services regularly
■ 37 .4% said they would use the TCAT services occasionally
■ 16 . 8 % said they would seldom use the TCAT services
■ 29 . 5 % said it was highly unlikely they would use the TCAT services
o 3 . 4% report walking as their primary mode of transport
o 2 . 1 % report the private motor vehicle and the bicycle as their primary modes of
transport
• Transportation Satisfaction
o Transportation Problems (chosen from list of seven)
■ 44 . 0% : "high volumes of traffic generally"
■ 34 . 7 % : "inadequate space for bicycle/ pedestrian traffic"
■ 33 . 9% : "speed limits not enforced"
31 . 1 % : "roads inadequately maintained"
o Transportation Solutions (chosen from list of six)
■ 21 . 2 % : "provide bicycle lanes/ paths"
■ 20 . 3 % : "enforce speed- limits"
■ 17 . 1 % : "build sidewalks in congested or built-up areas"
March 8 , 2004 Town Board Meeting ATTACHMENT # 12
a
MEMORANDUM
To : Town Board Members
From : Susan Ritter, Assistant Director of Planning , .
Date : March 4 , 2004
Re : Resolution for Consideration - Supporting funding; assistance to Ellis
Hollow Apartments and Supporting the concept of' Payment in Lieu of
Taxes
The attached resolution is an added item to your March 8`h Town Board meeting
packet.
The purpose of the resolution is to provide Town Board support to Conifer Realty, LLC
in their application to the New York State Division of Housing and Community Renewal
seeking to obtain funding assistance to rehabilitate the Ellis Hollow Apartments for
senior citizens . The funding source is the Low-Income Housing Tax Credit Program
under the preservation set-aside initiative , a program designated for existing housing
projects .
The resolution also states that the Town supports the concept of a new Payment in Lieu
of Taxes (PILOT) agreement related to Ellis Hollow Apartments . Conifer Realty, LLC ,
who recently acquired the Ellis Hollow Apartments, intends to pay off the HUD Section
236 mortgage, which would terminate the housing assistance payment contract, and
would necessitate financing from other sources , including the Division of Housing and
Community Renewal . This would result in the need for a new PILOT agreement with the
Town of Ithaca and Tompkins County .
This resolution is essentially a duplicate of what was passed by the Town Board in March
2003 , when Conifer Realty , LLC initially applied for funding assistance to make
necessary improvements to the Ellis Hollow Apartment complex . Conifer unfortunately
did not receive the funding assistance last year, and so they are re-applying for the funds
this year.
Conifer has asked that the Town Board both provide support for the funding assistance ,
as well as reiterate support for the concept of a new Payment in Lieu of Taxes (PILOT)
Agreement in the resolution .
Att .
SPECIAL MEETING OF THE ITHACA TOWN BOARD
MONDAY, MARCH 15 , 2003 AT 7 : 00 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
1 . Call to order
2 . Pledge of Allegiance
3 . 7 : 00 p . m . - Public Hearing Authorizing the Increase in Costs of
Providing a Proposed Phosphorus Removal Project for the Ithaca Area
Wastewater Treatment Plant
4 , Consider Public Interest Order In The Matter Of Authorizing The
Increase In Costs Of Providing A Proposed Phosphorus Removal
Project For The Sewage Treatment Plant In The City Of Ithaca Serving
The Town Of Ithaca Pursuant To Article 12-C Of The Town Law.
5 . 7 : 10 p . m . - Public Hearing To Consider 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 N . Y . S . Route 96 From Residence
District R- 15 To Multiple Residence District (Overlook At West Hill ) .
6 , Consider Adoption of 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 N . Y . S . Route 96 From Residence District R- 15 To
Multiple Residence District (Overlook At West Hill )
7 , Consider Adjournment
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 : ORDER FOR PUBLIC HEARING : In the Matter of
Authorizing the Increase in Costs of Providing a
Proposed Phosphorus Removal Project for the
Sewage Treatment Plant in the City of Ithaca
Serving the Town of Ithaca Pursuant to Article 12m
C of the Town Law
Location of Sign Board Used for Posting : Town Clerk' s Office
215 North Tioga Street
Ithaca , NY 14850
ite of Posting : Tuesday, March 2 , 2004
to of Publication : Thursday, March 4, 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 4t" day of March 2004 .
x
t
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
No . 01 WH6052877
Tioga County ,
Commission Expires December 26
NOW, THEREFORE, IT IS
WHEREAS, the Town HEREBY ORDERED, by the
TOWN OF ITHACA Board of the Town of Ithaca Town Board of the Town of
NOTICE OF ADOPT16N on April 8, 2002, author- Legals Ithaca; Tompkins County,
OF ORDER FOR ized, subject to a permissive New York, as follows:
PUEIUC HEARING referendum, the expenditure Section 1 . A public hear-
of up to $ 1 ,681 ,800.50, as ing will be held at 215
NOTICE IS HEREBY GIVEN the Town's share of the joint- the increase in the overall North Tioga Street, in said
that at a meeting held on Iyy funded project cost of cost of the project, the Town, on the 15th day of
the 1 st day of March, $4, 1 15,000.00 for the con- Town's shore of such costs March, 2004, at 7:00
2004, the Town Board of struction and equipping of would increase by clock P.M., to consider d ;E
the Town of Ithaca duly the Joint Sewage Treatment $431 , 898 .05 to a total cost proposed increase in the
adopted an order for a pub- Plant Phosphorus Removal of $2,250,000.00; and costs of providing said Joint
lic hearing, a copy of which Improvement Project at the WHEREAS, a supplement Sewage Treatment Plant
is set forth below: sewage treatment plant in to the plan, report and map Phosphorus Removal Im-
ORDER FOR the City of Ithaca managed prepared by Stearns and provement Project and to
PU6LIC�HEARING ointly with the Towns of Wheler, Professional Engi- hear all persons interested
IN THE MATTER OF All Ithaca and Dryden provid- neers, relating to the in- in the subject thereof and
THORIZING THE INCREASE ing sewage treatment serv- crease in the cost of such concerning the some and to
IN COSTS OF PROVIDING ices for the Town-wide sew- improvement, has been duly take such action thereon as
A PROPOSED PHOSPHO er improvement; and prepared in such manner is required by law.
RUS REMOVAL PROJECT WHEREAS, thereafter on and in such detail as hereto- Section 2. The Town Clerk
FOR THE SEWAGE TREAT- September 22, 2003, the fore bas been determined of the Town of Ithaca,
MENT PLANT IN THE CITY Town Board authorized, by the Town Board of ' the Tompkins County, New
OF ITHACA SERVING THE again subject to a permis- Town of Ithaca, Tompkins York, is hereby authorized
TOWN OF ITHACA PUR- sive referendum, an in- County, New York, and has and directed to cause a
SUANT TO ARTICLE 12-C crease in the total project been filed in the office of copy of this order to be pub-
OF THE TOWN LAW. cost of $333 .500 and an the Town Clerk where it is lished once in The Ithaca
increase in the Town's share available for ublic inspec- Journal, and also to post a
At a Special Meeting of of $ 136,301 .45 as a result tion, and a further supple copy thereof on the Town
the Town Board of the Town of the receipt of bids in ment to such Stearns and signboard maintained by
of Ithaca, Tompkins County, amounts in excess of the Wheler report has been -sim- the Clerk, not less than ten
New York, held at 215 previously budgeted con- ilarly Prepared and filed by nor more than twenty days
North Tioga Street, in struction costs; and Daniel Walker, Professional before the day designated
Ithaca, New York, on the WHEREAS, no referendum Engineer, setting forth ' fur- for the hearing as aforesaid,
1 st day of March, 2004, at was requested with respect ther information pertaining all in accordance with the
3 : 15 o'clock P.M. Prevail- to either of said authorizo- to such increase; and, provisions of Section 209-q
ing Time. Lions; and WHEREAS, the area of of the Town Low.
PRESENT: WHEREAS, after receipt of said Town determined to be Section 3 . This order shall
Supervisor the bids, the Town was un- benefited by said Joint take effect immediately.
Catherine Valentino willing to contract for the Sewage Treatment Plant The question of the ado
Couhcilperson project until the State of Phosphorus Removal Im- q p
Carolyn Grigorov New York provided ade- provement Project consists tion of the foregoing order
Councilperson quote evidence of the funds of the entire area of said was upon motion of
William Lesser it was going to provide for Town excepting therefrom Councilperson Stein,
Councilperson the project, which evidence the area contained within seconded by Councilperson
Sandra Gittelman was not received until after the Village of Cayuga Grigorov, duly put to a vote
Councilperson the 45 day period in which Heights, and on a roll call, which resulted
Herbert Engman the bids needed to be ac- WHEREAS, it is now, de- as follows:
Councilperson cepted; and sired to call a public hear- Supervisor Valentino
Peter Stein WHEREAS, the lowest re- ing for the purpose of ,con- Voting Aye
ABSENT: Councilperson sponsible bidder is unwilling sidering said increase in Camci person Grigorov
Will Burbank now to execute a contract at costs of providing the said Voting Aye
its bid price and it has be- Joint Sewage Treatment Councilperson Lesser
come necessary to rebid the Plant Phosphorus Removal Voting Aye
project; and Improvement Project, and Councilperson Gittelmon
WHEREAS, the Engineer- the execution of any related Voting Aye
ing reports and estimates agreement, and to hear all Councilperson Engman
indicate there is a need to persons interested in the Voting Aye
further increase the overall subject thereof, all in, ac- Councilperson Stein
project estimate by cordance with the provisions Voting Aye
$ 1 ,057,672 to a total cost of Section 209-q of the
of $5 ,506, 172 to cover an- Town Law: The order was thereupon
ticipated additional costs declared duly adopted .
and contingencies resulting
from the re-bidding; and March 4, 2004
WHEREAS, as a result of
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 to Consider 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 Multipel
Residence District (Aris Development' s Overlook
at West Hill )
Location of Sign Board Used for Posting : Town Clerk's Office
215 North Tioga Street
Ithaca , NY 14850
to of Posting : Tuesday, March 2 , 2004
to of Publication : Thursday, March 4, 2004
�W(
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 4th day of March 2004 ,
try rh
Notary Public
CARRIE WHITMORE
Notary Public, State of New York
No . 01 WH6052877
Tioga County
Commission Expires December 26, 1//
L"als
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
that the Town Board of the
Town of Ithaca will hold a
ppublic hearing at 215 North
Tioga Street, Ithaca, New
York on the 15th day of
March, 2004 at 7: 10 p.m.
for the purpose of consider-
i"g a local law amending
the Town of Ithaca zoning
ordinance and map
rezoning a portion of tax
parcel no. 24-04- 14.2 lo-
cated on N.Y.S. Route. 96
from Residence District R. 15
to Multiple Residence Dis-
trict (Aris Developments
Overlook at West Hill). At
this time the Town Board
will hear any individuals 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
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
p�ub►leicdhearing.
MOrc
Tee Ann Hun h 2, 2004
Town Clerk
March 4, 2004
: s
BARNEY , GROSSMAN ) DUBOW & MARCUS
ATTORNEYS AT LAW - .- --�
SENECA BUILDING WEST r
C . BARNEY SUITE 400 + 1 0
f) FACSLA4IL-H ,
PETER G . GROSSMAN 119 EAST SENECA STREET r�-- ( 607 ) 272 - 886d
DAVID A . DUBOW ITHACA , NEW YORK 14850Ly ., j ( NOT FOR SERVICE OF PAPERS )
RAN DALL B . MARCUS S +, I i _ � ,.. /L 2004
�
JONATHAN A . ORKIN ( 607 ) 273 - 6841 f� (A = +
I ,
4 i
KEVIN A . JONES
March 2 , 2004
Honorable Catherine Valentino
and Members of the Town Board
of the Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
Re : Local Law on the Overlook at West Hill Project
Ladies & Gentlemen :
Enclosed for each of you is a revised Local Law on the Overlook at West Hill Project .
This Local Law was changed at the request of the attorney for the developer. In general terms ,
the changes allowed for the basic rental limitation of 35 % of median family income to be
increased to 40% of median family income after 15 years and further authorized one apartment to
be held out from the affordable housing limits for purposes of having a building supervisor live
on premises . Also enclosed are copies of pages 2 , 3 , and 4 highlighted to show the changes from
the prior draft. .
If you have any questions , please do not hesitate to give me a call .
With best regards .
Sincerely yours ,
JCB : sls
Enclosures
xc : Tee-Ann Hunter, Town Clerk
DICTATED BY BUT NOT READ BY JOHN Co BARNEY
AFFIDAVIT OF MAILING
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss :
Sandra L. Small, being duly sworn, deposes and states as follows :
1 . Deponent is not a party to the within action, is over 18 years of age, and resides in
Ithaca, New York.
2 . On March 2 , 2004 , deponent served the within
Revised Local Law amending the Town of Ithaca Zoning Ordinance and map rezoning a
portion of tax parcel no . 24-04- 14 . 2 located on N . Y . S . Route 96 from Residence District R- 15 to
Multiple Residence District (Overlook at West Hill) . Deponent also enclosed highlighted copies
of pages 2 , 3 and 4 to show the changes from the prior draft as well as a covering letter. Copies
were mailed to the following :
Honorable Catherine Valentino Ms . Carolyn Grigorov
110 Eastern Heights Drive 629 Coddington Road
Ithaca, New York 14850 Ithaca, New York: 14850
Mr . Herbert Engman Ms . Sandra Gittelman
120 Warren Road 109 Tudor Road
Ithaca, New York 14850 Ithaca, New York: 14850
Mr. William Burbank Mr. William Lesser
132 Glenside Road 406 Coddington Drive
Ithaca, New York 14850 Ithaca, New York 14850
Mr . Peter Stein
101 Brandywine Drive
Ithaca, New York 14850
by sealing a true copy of same in a postage pre-paid envelope that was correctly addressed, in - a
post office - official depository under the exclusive care and custody of the United States Postal
Service within the State of New York .
Sandra L. Small
Sworn to before me this
2nd day of March, 2004 .
1
Notary Pubfi.
COURTNEY A. MANTEY
Notary Public
01 York
MA6089615
No.
Qualified in Cayuga County <
CU,r; ision Expires March 24
' Overlook at West Hill Pudic
Hearing Sign - in :
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TOWN OF ITHACA
PUBLIC HEARING
STANARDS OF CONDUCT
Public Participation
Public Hearing Procedure : The Town Supervisor will open the public hearing at the
appropriate time and ask the Town Clerk for proof of posting and publication . The Town
Supervisor will announce receipt of any written comments . Then the Town Supervisor
will ask that any persons wishing to be heard make themselves known . The following
procedures will then be followed :
1 . Persons wishing to be heard by the Town Board must first be recognized by
the Town Supervisor. All persons wishing to be heard will have the
opportunity to speak
2 . Each person recognized by the Town Supervisor to speak will make their
presentation at the podium/microphone provided and direct their comments to
the Town Board . Upon reaching the podium/microphone , the speaker will
give their name and address for the public record . All documents to be
presented to the board must be given to the Town Clerk for distribution to the
board .
3 . All speakers should be as brief as possible when making their presentation so
that all will have an opportunity to be heard .
4 . After all persons have been heard , the Supervisor shall use his/her discretion
as to whether anyone will be given the opportunity to address the Town Board
more than once .
5 . The use of profanity or being disrespectful is inappropriate. The
Supervisor will issue a warning to the speaker and shall have the option of
asking the speaker to step away from the podium/microphone if the
inappropriate language continues .
The Town Supervisor will close the public hearing after all person have been heard .
The Town Board will then discuss and consider the issue . The Town Board may also
ask questions of staff . Comments from the public will not be allowed unless by consent
of the Town Supervisor after the public hearing has been closed.
I
AIA,
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