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TB Minutes 2004-05-10
May 10, 2004 Town Board Meeting Approved June 7, 2004 Regular Meeting of the Ithaca Town Board Monday, May 10 , 2004 at 5 : 30 p. m . 215 North Tioga Street, Ithaca , New York • PRESENT : Supervisor Valentino ; 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; Director of Engineering ; Fred Noteboom ; Highway Superintendent ; Jonathan Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager; Andy Frost ; Director of Building and Zoning OTHERS PRESENT ; Fay Gougakis , 406 Utica Street , Ithaca ; Jan and Susan Suwinski , 451 Sheffield Road , Ithaca ; Debbie and Alan Teeter, 71 Gray Road , Ithaca ; Christiann Dean , 330 West King Road , Ithaca ; Susan Brock , attorney CALL TO ORDER : Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 4 — Report of Fire Commissioners (Attachment #1 — written report) Bob Romanowski appeared before the Board with the Commission ' s monthly report . Agenda Item No . 3 — Report of the Tompkins County Legislature Tim Joseph appeared before the Board on behalf of the Tompkins County Legislature . Mr. Joseph reported that some of the people from Pushback met with Senator Seward . During that meeting , Senator Seward told the Pushback members that a cap of the local share of Medicaid was the obvious , easiest , most doable solution to the problem of the impact of Medicaid on local . governments . _ Mr. Joseph reported the County made a new proposal to the State CSEA union regarding Tcat . Mr. Joseph was hopeful that the issue may be resolved and the County can move ahead with a public authority to run Tcat . Regarding the County and Town discussions regarding working together to save money , Mr. Joseph stated discussion has been broken into three groups : courts , highways , insurance . Mr. Joseph is involved in discussion on the consolidated courts . One possibility that came out of these discussions are combined / joint courts and shared facilities , about which Mr. Joseph wrote a report . • Mr . Joseph told the Board that he has been working on trying to start a parole re-entry program . On May 20th , at Ithaca City Drug Court and the Community Justice Center, the head of the State ' s division of parole , his deputy , the Deputy Director of Criminal Justice , and someone from the grants and funding division of the Office of Court Administration will be present . 1 May 10 , 2004 Town Board Meeting Approved June 7, 2004 The Board discussed Mike Koplin ka- Leahr' s funding raising efforts and Supervisor Valentino invited anyone who wished to sponsor his swim of the length of Cayuga Lake to contact him . Councilman Lesser reported having read of plans by the County and the City of purchasing and investing in renewable energy . He asked Mr. . Joseph if there was any consideration of • putting some portion of that money into energy conservation ; things such as helping people replace windows , buy new refrigerators . If the real issue iS conserving energy and reducing emissions , conservation often yields the highest return . Mr. Joseph stated that had not been discussed but stated it was a good point . Persons to be Heard Fay Gougakis , 406 Utica Street, Ithaca Faye told the Board she wanted to review five concerns with the Board . They were as follows : 1 . The Lake Source Cooling Monitoring System . Ms . Gougakis asked if Cornell had established monitoring at the output as recommended by the environmental consultant . 2 . Ms . Gougakis stated she had received the final Environmental Impact Statement for Cornell Veterinary School ' s incinerator. She asked if the town had a copy . Mr. Kanter stated that we did . Ms . Gougakis asked that the Town let the media know that the document was available for public review . 3 . Ms . Gougakis asked for the Town ' s support in asking the County Library to ban cell phone use inside the facility . 4 . Ms . Gougakis told the Board she appreciated their passing the Personal Watercraft Ordinance , but told the Board she did not feel they were strong enough laws . She hoped the current legislation was the beginning of more restrictive laws . 5 . Ms . Gougakis expressed concern about speeding in the City . The Board told her that they did not have jurisdiction over speeding in the City . Agenda Item No . 28 — Consider Authorization to Amend the Village of Cayuga Heights Fire Contract George Tamborell , Cayuga Heights Fire Chief , appeared before the Board to request they authorize an amendment to the Village of Cayuga Heights Fire contract . The amendment would allow them to replace a ladder truck . Chief Tamborell told the Board that Ladder Truck # 12 is about 12 years old and is costing the department an exhorbitnat amount of money in repairs . The last figure that Mr. Tamborell calculated was in excess of $60 , 000 in repairs • since 1999 . Mr. Tamborell reported having received a price of about $ 125 , 000 for a trade - in which takes the price of the truck from about $ 510 , 000 to $395 , 000 . Mr. Tamborell told the Board he thought , with the interest rates what they are now and in light of the amount of money they were paying for repairs , it makes sense to replace the truck . Some of the money would come from the Town of Ithaca and require and amendment to the existing fire contract . 2 i May 10 , 2004 Town Board Meeting Approved June 7, 2004 Agenda Item No 6 — Public Hearing for the Adoption of a Local Law Updating the Fee Schedule Supervisor Valentino opened the public hearing at 6 : 00 p . m . Notice of the meeting was • posted and published . Agenda Item No 28 — Consider Authorization to Amend the Village of Cayuga Heiqhts Fire Contract (continued) (Attachment #2 - 4/14/2004 Email from Jeffrey Silber) In response to questions from Councilwoman Gittelman , Mr. Tamborell stated that while the department likes to get 20 years out of their equipment , this truck has been a bit of a lemon . Supervisor Valentino stated that she , David Klein , and Al Carvill had sat down with the department last year and been told of the problems with this piece of equipment to the extent that it presents dangers to the fire fighters . It was recommended by the Town Board in 2003 that the fire department investigate replacing the truck . Agenda Item No . 6 — Public Hearing for the Adoption of a Local Law Updating the Fee Schedule (continued) (Attachment #3 — 5/3/2004 Memo from Andy Frost) There was no one present to address the Board and Supervisor Valentino closed the public hearing at 6 : 07 p . m . TB RESOLUTION NO . 2004-079 : SEAR : Enactment of a Local Law Establishinq and/or Amending Town Clerk, Building , Zoning , Engineering , Planning , Permits , and Other Fees and Amending Provisions of the Freedom of Information Resolution and Building Code Enforcement Law Related Thereto (Attachment #4 — SEQR ) WHEREAS , this action is the enactment of a local law establishing and/or amending Town Clerk , Building , Zoning , Engineering , Planning , permits and other fees and amending provisions of the Freedom of Information Resolution and Building Code Enforcement Law related thereto ; and WHEREAS , said proposed local law updates the fees contained therein , revises certain of the provision pertaining to fees , eliminates the current development review fee deposit procedure and establishes a new fee schedule for development applications ( including subdivisions and site plans) ; 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 enactment of the above-described local law ; and • WHEREAS , The Town Board , at a public hearing held on May 10 , 2004 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II for this action ; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality 3 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Review Act for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Lesser SECONDED : Councilman Engman • VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Councilman Stein felt the fee schedule was quite regressive , stating that if you look at the smallest value properties it is something like 1 % of the bottom of the range , if you look at the highest value it is something like a tenth of a percent . He stated he was not comfortable with taxes that have this regressive quality to them . Councilman Stein also wondered if a limit could be set for small jobs under which there would be no cost . Supervisor Valentino told him the proposed fee structure represents actual costs . Mr. Kanter stated that his staff had looked carefully at the time spent on various applications and followed the courts reasoning that fees should reflect average costs of staff time . Councilman Stein asked if it would be lawful for the Town to have a fees schedule that was 1 % of the cost of the project or 1/2 % of the cost of the project . Attorney Brock explained that the Town cannot charge more than a reasonable amount meaning and tying the fees to project costs could mean that you would run into trouble on the higher end where people would be paying a lot more than they should . The problem with the prior system where staff kept detailed records of their time and the Town charged back their actual time to applicants is that the courts have looked at similar systems and said they are too open ended because there is no control on how much time municipal personnel spent . What has been done is the Town has surveyed many other municipal fee structures , the Town has looked back over history at what they have charged , and they have come up with the proposed schedule which is in line both regionally and what has. been done historically and is not as open ended as the prior practice . Mr. Kanter told councilman Stein that what has been done on the lower end , the $200 minimum fee barely begins to cover the basic expenses . There were no other questions from the Board . TB RESOLUTION NO . 2004-080 : Adopting , " A LOCAL LAW ESTABLISHING AND/OR AMENDING TOWN CLERK, BUILDING , ZONING , ENGINEERING , PLANNING , PERMITS AND OTHER FEES AND AMENDING PROVISIONS OF THE FREEDOM OF INFORMATION RESOLUTION AND BUILDING CODE ENFORCEMENT LAW RELATED THERETO " (Attachment #4a — Memos from J . Kanter and M . Russell and copy of Local Law 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 May 10 , 2004 at 6 : 00 p . m . to hear all interested • parties on a proposed local law entitled "A LOCAL LAW ESTABLISHING AND/OR AMENDING TOWN CLERK , BUILDING , ZONING , ENGINEERING , PLANNING , PERMITS AND OTHER FEES AND AMENDING PROVISIONS OF THE FREEDOM OF INFORMATION RESOLUTION AND BUILDING CODE ENFORCEMENT LAW RELATED THERETO" ; and 4 141 May 10 , 2004 Town_ Board Meeting Approved June 7, 2004 WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf • of or in opposition to said proposed local law , or any part thereof ; and WHEREAS , pursuant to 6 NYCRR Part 617 , which regulations implement Article 8 of the Environmental Conservation Law ( State Environmental Quality Review Act) , it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and further environmental review is unnecessary under the circumstances , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW ESTABLISHING AND/OR AMENDING TOWN CLERK, BUILDING , ZONING , ENGINEERING , PLANNING , PERMITS AND OTHER FEES AND AMENDING PROVISIONS OF THE FREEDOM OF INFORMATION RESOLUTION AND BUILDING CODE ENFORCEMENT LAW RELATED THERETO a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED , that , the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman ROLL CALL VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Motion carried . Agenda Item No. 9 — Announcement of the Filing of the Ethics Disclosure Statements Ms . Hunter reported that all but a few of the Ethics Disclosure Statements had been filed with the Town Clerk' s office . Staff was following up on collecting the outstanding statements . OTHER Introduction of New Staff Members • Supervisor Valentino introduced newly hired Marnie Kirchgessner, Recreation and Youth Coordinator, and John Coakley , Deputy Town Clerk , to the Board . Agenda Item No. 10 — Discussion of the Agricultural Committee 5 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Supervisor Valentino invited those people in attendance regarding the Agricultural Committee to come forward . The following people introduced themselves to the Board : Christiann Dean , Buttermilk Farm ; Debby Teeter, A . J . Teeter Farm ; Alan Teeter , A . J . Teeter Farm ; Sue Suwinski , Sheffield Farm ; Jan Suwinski , Sheffield Farm . Supervisor Valentino stated the Board wanted to discu =ss with them their ideas for the • agricultural committee and whether they were interested in serving on that committee . Supervisor Valentino stated the Town has had an agriculture committee since 1992 that has met on an as needed basis . The Town Board is interested in hearing how they can make the agriculture committee fit the needs of community members involved in agriculture . Debby Teeter I really don 't have a statement I prepared. I expected what we would be having is a conversation based on the letter we received. I 'm glad to see the Suwinski's here and I know that other farmers are interested in being here but unfortunately the timing is difficult for farmers. It's a small farming community and unfortunately one family has had a recent death, this weekend, of a close family friend. Another had a very important event this evening with a grandchild. A third is in the height of his horticulture business; it 's make it or break it. I did try to make some phone calls this evening. I .would say I think the farmers, I hate to speak for them and 1 really don 't intend to speak for them, but I 've spoken with a lot of them and at least some of them are in agreement with the feelings that my husband and I have and perhaps to a more severe extent on the part of some farmers is that we are not happy with the zoning and we are certainly hopeful that we can work with the Town to resolve those problems. I think it boils down to two different areas. One is the problem of the Ag and Markets ag district law, and there still continues to be significant problems with that and conversations with ag and markets. It looks like there is going to be no movement on that. I can accept certainly the statement that the Town is interested in working with the farmers and that you support farming in the town, but if we look at the problems, and I personally think that they're quite serious and I think the Suwinski's in particular have some issues. The appearance or what the zroning says is that it 's the Town 's intent to restrict and control agriculture . So, for me, and I think my husband and some other members of the farm community, we would need to have a good faith statement from the Town that you are interested in making the zoning comply with ag district law which is designed to benefit farmers. That 's one thing. Councilman Stein asked Mrs . Teeter to explain the conflict between the zoning and agricultural district law . There were 22 separate points of conflict between the Town, our, zoning and ag district law. From my perspective as a farmer they are not minor. We 're talking about what I believe the State would regard and what we would regard as excessive site plan, setback requirements, restrictions on farm markets and roadside stands. Perhaps, I don 't know if the Board • members saw the original letter from Ag and Markets outlining those. Mr. Kanter and Supervisor Valentino told Mrs . Teeter that the Board members did see those concerns . 6 May 10, 2004 Town . Board Meeting Approved June 7, 2004 I 'm concerned, on that issue, that the lack of movement is an indication that the Town either hopes that the farm people abide by rules that we think are, and are supported by, we believe, ag district law, unreasonably restrictive to agriculture, and you 'll l guess call our bluff whether or not we would proceed with Ag and Markets. And I think in conversations with other farmers the other issue perhaps is not so much agricultural zoning as the requirement • of a deed restriction. 1 think that we understand agricultural zoning and in terms of what has actually been happening in the Town with regard to sales of lots of farm land, the zoning might fit our needs quite well with the deed restriction. For many years, many many years, the only concern that I think we would have is we might, we haven 't sold a lot off our farm in 30 years, 40 years. Like everyone 's business we have assets and our assets are our land and if we can 't liquidate some of our assets in difficult times we could be out of business. This deed restriction requirement of the zoning ordinance is a forever kind of thing. As a family that has been farming for 150 years we know what forever is. It is a very long time. I have talked with American Farmland Trust and this was an unusual arrangement. They were not aware of any other, that is not to say that the covenant, in the deed when you sold your allotment of lots isn 't done anywhere else, but they couldn 't quote me any off the top of their heads. ' Councilman Lesser asked if Mrs . Teeter was talking about the purchase of development rights . No, I 'm talking about the agriculture (inaudible). If you have a 49 acres lot and sell six one acre lots (inaudible) and actually sell the land my understanding is you have to, and I could be wrong in this, you have to start putting a covenant in your deed. Another concern is the excess cost of that. Every time you 're going to sell a lot. I think those two issues are of concern among the members of the farm community, Ag and Markets ' concerns. And the portion of the agricultural zoning that requires the deed restriction . And I think it all is circled by this feeling, and 1 understand from the last meeting, that the members of the Board felt like maybe farmers haven 't been present. But I think the same feeling exists on the part of the farmers. (Turn tape) . . and they said eight years ago they didn 't want to see the zoning and they feel like that should have been enough, but at the same time the comprehensive plan said that the Town would seek out new farmers and try to build their farming base and also it would involve the farmers. And as near as 1 can tell, I mean in eight years you could have visited one farm a year. I 'm not trying to be accusatory I 'm just trying to say that the farmers have the same sort of feeling, that they were really shut out, they were not specifically invited to the table. The one time we had a presentation for the Ag Committee was really at the Ag Committee 's request and when that presentation came to the Ag and Farmland Protection Board that was at that board's request. So, 1 think with some prodding we can probably get farmers to the table to go forward if they believe that there is a genuine sense on the part of the Town to address these concerns. • Jan Suwinski We live on West Hill. We 've been there over 3o years, almost 35 years. We moved to West Hill because we wanted a place in the country, wanted a place to have horses and we have really enjoyed the environment there. It's probably the place in the Town of Ithaca that has the most open space. Our issue is a little different. We 're more concerned about preserving 7 May 10 , 2004 Town Board Meeting Approved June 7, 2004 the open space in the Town. We 're here because we were sent a letter saying if you 're interested come. We 're looking for a way to plug in so that we can be part of the dialogue going forward. Specifically, a concern we have is that the Town, I 'm not sure which committee, the Planning Committee or Zoning Committee, worked for seven years culminating in the new zoning rules for agriculture on West Hill and the goal as I understand it when I read it is to preserve agriculture as much as possible on West Hill. It seems that • within less than six months of having that seven year effort result in a set of regulations, two new developments have been announced and they are going through the review process. There 's a 200-unit condominium complex that 's just up from Linderman Creek and another one that Mr. Drake wants to put in, a subdivision of 29 homes. That's our concern because when the land is gone, it 's gone, and the specialness of West Hill and the open spaces are not going to reappear. We 're here to see how best to participate in the discussion . Councilman Lesser asked Mr. Suwinski if he would consider putting his land into the Town ' s purchase of development rights program . Mr. Suwinski responded that he might . Christiann Dean One third of the open space in the Town of Ithaca is kept green by a crew of unpaid groundskeepers called farmers. Unlike the groundskeepers of the State Parks, we don 't get paid for maintaining the picturesque views and green space that makes the Town of Ithaca such an attractive space to live or visit. As chair of the Town 's Ag Committee for the past 12 years, I am hear tonight to bring a wake up call to the Town Board and five requests. The Town 's agriculture is at a critical juncture right now. The Town Ag Committee was established under Supervisor John Whitcomb in response to a report called Planning for Agriculture in the Town of Ithaca . The Ag Committee was established so every type of farming was represented and every farm family in the Town was invited to join. The Town Ag Committee was appointed by the Town Board in 1992 and all afrm families represented except Ross, Sheldrake, and Cummins, although I 'm happy to say that George Sheldrake has offered to serve . Meetings have been held as needed at Cooperative Extension because that's a familiar, comfortable place for the farmers. We set these goal at the beginning: 1 . Advise the Town Board and other boards and committees on the effects proposed Town actions would have on agriculture 2. Consider the ways to reduce the tax burden on farmers beyond the reduced farm assessment already in place 3. Consider a voluntary purchase of development rights (PDR) program in which the Town would pay a farm family for the difference between their market value assessment and the non -developable assessment in exchange for selling the farm 's development rights, but not the farm, to the Town . 4 . To educate the Town boards and the public on how maintaining farmland helps all residents, and also the pressures the farmers face. How is the Town doing on meeting these four goals ? The Ag Committee and Planning staff • worked diligently to develop guidelines for a voluntary PDR program, but the next year or two will prove its worth . As to tax abatement the Town agreed to charge farmers for fire protection only on buildings, not on fields or forests. So that was one step, it 's a good step, but it is not enough. Next, as to advising the Town on proposed Town actions, when Jon Kanter accepted my invitation to present proposed new zoning regulations to the Ag 8 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Committee last year, we thought it was just one . more presentation in all the years of meetings. We 've had lots of meetings with the Town and we didn 't understand. Jon made a nice presentation and asked for our questions, we didn 't understand that was it and it was going to go from that, what we thought was an informational dialogue like this, to next we knew it was on the books and it was law. We didn 't understand that. I think that explains • some of the anger that has been directed to the Town from some of the farmers. As to our fourth goal educating Town boards and committees, this meeting is a good step. I offered to meet with you and I offered to invited the Ag Committee to meet with you and continue this dialogue. I also request of you, Cathy, that your provide each Town Board member and each Planning Board member with a copy of the report Planning for Agriculture in the Town of Ithaca . Ms . Hunter indicated that she had sent that report to the Town Board members with their packet materials . If you would be so kind to send it out to the agricultural community again . Like the Suwinski's probably don 't have it. It provides some really crucial information for planning. I have four more requests of your, Cathy, and of the Town Board. 1 . Appoint the Agricultural Committee tonight 2. Get ready .to respond quickly and with enough money when a farm family approaches you about buying their development rights. The Ag Committee and the Town Planning staff worked hard to get the PDR guidelines established and a small part of money set aside when a farmer is ready to sell, which often happens really fast. That's one of the things I want to say to you is that when a farmer is ready to approach you to talk about PDR it is usually because somebody is sick, something sudden has happened in the farm family, often. What happened is either somebody is ready to retire, somebody is sick, somebody in the farm family has lost there job, there 's been an economic downturn. Those are the kinds of things that make a farmer ready to talk to the Town about PDR> There was a dairy farm in the Town which is no longer operating and that dairy farm approached the Town and applied for PDR. It was the first PDR application that the Town received some years ago. My view is that, and I know I 'm not alone in this view, the Town was not prepared to handle that. It was the first PDR application. The Town didn 't have a well qualified assessor who really know how to do a PDR assessment. The Town didn 't have enough money in place. We don 't need to revisit that, but what I will say to you is that you could receive an application, and it won 't be an application, somebody will just call you and say I want to talk about PDR, I want to talk about purchase of development rights, and the Town Board has got to be ready to handle that. I 'm asking you, are your ready ? If that call came to you tomorrow, are you ready? • Supervisor Valentino and Councilman Lesser told Ms . Dean that they felt the Town was ready . The Town has a committee , guidelines established , a fund set up , appraisals on all the lands earmarked for the program . Supervisor Valentino stated the Town would be very pleased to have any farmer come forward to talk with the Town and begin working with them immediately . 9 i May 10 , 2004 Town Board Meeting Approved June 7, 2004 I appreciate hearing that, and I also think there is not enough money in that fund. You and 1, Cathy, you had told me that there 's the possibility of some enhancements to that formula that's in place because that formula is not enough to get any farmer I know in the Town of Ithaca to actually make a PDR agreement with you. I think the Town Board is going to have to consider seriously some • enhancements to that. I appreciate very much the Town Supervisor's sense that you 're ready and eager. I think that willingness is a great step and those regulations, those guidelines that are in place are a great step, but I don 't think it 's enough . So I think that the Town may have to do something, there may be some more dialogue and some more money that may have to happen, be in place to make that happen . Finding ways to enhance the PDR dollar formula so a farm family would actually consider selling you their rights is a key thing I would ask you to look at. Another is to consider the interface between the Town 's PDR program and New York State 's PDR program, and neighboring Town 's PDR programs. A Lansing farmer reportedly just accepted a million dollars for PDR on 400 acres. Supervisor Valentino told her it must be a State program because the Town of Lansing does not have a PDR program . Mr. Lesser added that the Town has been unsuccessful in getting the State to participate in any Town of Ithaca PDR opportunities . Mr. Lesser told her that the level of State funding falls far short of the purchasing opportunities. Supervisor Valentino stated that the States does not see Tompkins County as under a lot of development pressure . Maybe we can help you. Maybe we can join together with the Town Board and the Town Planning Department to help educate the State PDR fund about the development pressures because the development pressures are mounting enormously on the Town of Ithaca . That's why I say this is a wake up call. I 'm happy that the Suwinski's are here and I would say that on South Hill we have precisely the same situation . 3. l would also ask you to re-establish the policy of the Town Board and Planning Board of sending to the Ag Committee for its comment any proposed policies or developments with a proposed impact on agruculture. That used to happen very routinely and lately that part of the Ag Committee 's original mission has been followed only intermittently, particularly by the Planning Board. I would ask you if you wculd remind the Town Board and the Town Planning Board of that mission. 4 . The other thing I would ask is I would like to propose that there be a structure initiated to have the Town Agriculture Committee and the Town Planning Department work jointly to visit every farm family in the Town that's willing to receive a visit to go over what the PDR regulations are and what the numbers would be for a PDR agreement with that farm family. I offer you any help I can be • in that and I hope other members of the committee will too. Mr. Kanter stated that they were planning to hold a proactive meeting of the Purchase of Development Rights Committee for a hashing out of some ideas . 10 May 10, 2004 Town Board Meeting Approved June 7, 2004 Councilman Engman commented on his experience with committees stating they do not work well unless they meet on a regular basis . He asked Ms . Dean if the Agricultural Committee was willing to set up a regular schedule ? Ms . Dean stated they would be willing to meet regularly as long as the farmer knew that the meetings were meaningful and that the Town was genuine in trying to address the concerns of the farm community . • Supervisor Valentino stated she did not feel they could appoint the committee at this meeting . She asked when the committee does meet that they put down some goals and establish a schedule of regular meetings . As soon as the committee is appointed Supervisor Valentino strongly recommended that they hold an organizational meeting . Christiann Dean told Supervisor Valentino she had outlined the goals of the committee in her letter to the Board and asked that the committee be appointed at the evening ' s meeting . Supervisor Valentino stated that she had not heard from all the individuals either recommended by Ms . Dean or invited by the Town and did not feel comfortable appointing the committee until she had an opportunity to touch base with all the involved parties . Ms . Dean commented that this was different from the routine reappointment that has occurred in the past . Supervisor Valentino stated it was a little different and told Ms . Dean that the Town was interested in having an active Ag Committee and bring some of the ag business people into the mix . Councilman Lesser hoped there would be an opportunity for the Agricultural Committee to speak to the Codes and Ordinances Committee because of the issues that have to do with zoning . Mr . Kanter and Ms . Teeter discussed the role of Ag ' and Markets . Regarding the Town ' s work with State Ag and Markets , Mr. Kanter reported that the Town met with Ag and Markets several times , both before and after adoption of the new zoning . Before adoption , there were four items brought up in these discussions that were incorporated into the new zoning . After adoption , involved Town personnel met with Ag and Markets and came up with a list of additional items they felt could be dealt with as further amendments to the ordinance and these will be presented to the Codes and Ordinance Committee . Mr. Kanter and Ms . Teeter discussed the number of items on Ag and Markets list and Ms . Teeter asked that the Town Board members be given a copy of the list . Mr. Kanter stated that Ag and Markets is trying to work with the Town , trying to work with the farm community , and they' re working under the State Ag and Markets law. They have a lot of balancing they need to do . Ms . Regarding their function , Ms . Teeter stated the function of Ag and Markets is to enforce agricultural district law and what they are trying to do is advise the Town on problems with the zoning that are in direct conflict with Ag District law . Mr. Barney responded stating this was not entirely accurate . Ag and Markets has their view of what Ag and Markets law requires and there is some tension between what that law requires and what the Town feels is an appropriate area of regulation for the Town . There are no resolutions in the sense of court decisions one way • or the other. They have taken a position on things like the Site Plan Review where they think that because you have to go through a site plan review for something that is contrary to Ag and Markets law , at least as they interpret it . But there is nothing in the law that says that and they do it under the supposition that our site plan review process is an extremely long , drawn out , time-consuming affair, which it is not . Matt Brauer expressed this when we met with him , so that one of their points that surfaces three or four times in their letter about the 11 May 10 , 2004 Town Board Meeting Approved June 7, 2004 site plan review , it ' s not something the Town is likely to give in on because the areas where they've imposed it on farmers are relatively modest and they do have an effect on the people surrounding the farmers . There are a number of issues there that are not necessarily cast in concrete with the Ag and Markets law specifying that we have directly violated it . That' s not the case . There is quite a bit of room between us and them as to what has been appropriate and what it is that the law actually says . • The Board discussed their next step . Discussion included a special meeting to talk about agriculture in the Town and appointing an interim committee , Councilman Stein suggested a longer committee term . The Board authorized Supervisor Valentino to make appointments to an interim Agriculture Committee . Agenda Item No . 11 - Informal Hearing on Changing Road Names of Eastwood Commons (Attachment #5 — 4/27/2004 Memo from Andy (Frost Andy Frost brought the Board ' s attention to letters to residents that were included in their board packet . TB RESOLUTION NO . 2004-081 : Resolution Renaming Certain Roads in the Eastwood Commons Area to Strawberry Hill Circle and Renumbering Certain Buildings WHEREAS , the County , of Tompkins with the cooperation of various officials from the Town of Ithaca and other municipalities , has established a 911 emergency response plan ; and WHEREAS , several short roads in the Eastwood Commons area have different names which leads to confusion in locating buildings and addresses in connection with emergency responses ; and WHEREAS , the numbering of some of the buildings in the Eastwood Commons area are not consecutive and not in compliance with the 911 emergency response plan criteria , resulting in additional confusion in locating the address of a person or property in distress , which could cause aggravation of injuries , loss of property values , and even loss of life if timely emergency responses are adversely affected by such confusion ; and WHEREAS , an informational hearing was held by the Town Board on May 10 , 20043 on notice to all affected residents at which persons were given an opportunity to speak in favor of , or against , the renaming of streets and the renumbering of buildings set forth in this resolution ; and WHEREAS , the Town Board finds that , to enable emergency responses to be more • timely along the roads hereinafter named and at the addresses hereinafter named , it is in the best interests of those citizens living in the Eastwood Commons area to make the changes in road names and road addresses set forth in this resolution ; I NOW , THEREFORE , be it 12 May 10 , 2004 Town Board Meeting Approved June 7, 2004 RESOLVED , that the Town Board does hereby determine , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and the Town of Ithaca local laws further implementing such Law and Regulations (collectively referred to herein as " SEQRA") , that the renaming of the roads and renumbering of buildings as hereinafter set forth are Type II actions , constituting " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment" and thus may be processed without further regard to SEQRA ; and it is further RESOLVED , that the partial loop consisting of Sunny Hill Lane , Strawberry Hill Road , and the portion of Harwick Road from its intersection with Sunny Hill Lane to its intersection with Wildflower Drive , all be renamed Strawberry Hill Circle ; and it is further RESOLVED , that the following buildings be renumbered as follows : ( 1 ) Numbers 30 and 31 Sunny Hill Lane to Numbers 511 and 521 Strawberry Hill Circle respectively ; (2) Unnumbered lot on Harwick Road immediately north of 114 Honness Lane to Number 121 Harwick Road ; (3) Number 33 Harwick Road to Number 101 Strawberry Hill Circle ; (4) Number 1 Wildflower Drive to Number 111 Strawberry Hill Circle ; . (5 ) Unnumbered lot on Wildflower Drive immediately north of 120 Honness Lane to Number 100 Wildflower Drive ; ( 6 ) Numbers 15 , 169 14 , 17 , 12 , 18 , 11 , 19 , 20 , 21 , and 22 Strawberry Hill Road to Numbers 211 , 2215 230 , 231 , 240 , 241 , 2507 251 , 311 , 321 , and 341 Strawberry Hill Circle respectively ; ( 7) Numbers 2 , 41 31 51 61 79 95 8 , and 10 Wildflower Drive to Numbers 200 , 2017 210 , 211 , 220 , 2307 231 , 240 , and 241 Wildflower Drive respectively ; and ( 8 ) Number 56 Wildflower Drive to Number 331 Strawberry Hill Circle ; and it is further RESOLVED , that the foregoing changes are effective July 1 , 2004 ; and it is further RESOLVED , that pursuant to Section 64 (9 ) of the Town Law the Town Clerk shall , within 10 days after the adoption of this resolution , notify the Tompkins County Division of Assessment , the Planning Board of the Town , the Tompkins County Clerk , the Tompkins County Engineer, and the Post Office Department of the United States • of such redesignation ; and it is further RESOLVED , that the Town Highway Superintendent and Town Engineer be directed to promptly arrange for a change in signage so that the newly designated road is properly designated as Strawberry Hill Circle instead of Sunny Hill Lane , Strawberry Hill Road , or part of Harwick Road ; and it is further 13 May 10 , 2004 Town Board Meeting Approved June 7, 2004 RESOLVED , that the Town Supervisor and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the change of names and numbers set forth above . MOVED : Councilman Lesser • SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Aqenda Item No . 13 - Town of Ithaca Stormwater Manag iment Plan Annual Report to NYS DEC —discussion and opportunity for public comments and questions (Attachment #6 — Draft Stormwater Management Program Annual Report fro Regulated MS4s Supervisor Valentino asked if there was anyone present to discuss the stormwater management proposals . There was no one present . Susan Ritter was present to answer any questions from the Board . Councilman Burbank , with reference to training for pollution prevention ( page 26) , asked that the Town be aggressive in it' s training of personnel . Mr. Noteboom stated that the Town actually uses many of the recommended practices , but has not yet formalized a training program . Mr. Noteboom reported that the Town is currently developing a formal training program . Ms . Ritter reported that there is a Stormwater Working Group of Tompkins County communities and one of the things that will be coming out of that group is a program for formalized training . Mr. Walker reported that the Engineering and Planning staff have attended formal training . Councilman Lesser asked if the stream corridor monitoring program was a component of this plan . Ms . Ritter told him it was something that was added to the annual report . Agenda Item Nos . 14 and 15 - Noise Permit for the Ithaca Country Club These items were withdrawn due to the cancellation of the event . Agenda item No . 16 = Consider Authorizing Renewal of Contract with the Tompkins County Sheriff' s Department and Consider Authorizing Amendments to the Contract with the Tompkins County Sheriff' s Department (Attachment #7 — 3/24/2003 Sheriff' s Department Memo and Draft Agreement) Supervisor Valentino reported she had received a call from Sheriff Meskill telling her that his • department had received a $ 1 , 000 grant that they will be putting toward traffic monitoring for the Town . 14 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Supervisor Valentino told the Board that the contract under consideration is a renewal of last year' s contract with a change in the dates and amounts and a description of the targeted areas . Councilman Lesser told the Board that past monitoring had identified a number of places • around town where speeding is fairly pronounced and the feeling is that additional patrolling would be one means of controlling speeding and changing behavior. The Sheriff' s Department would provide additional patrolling on an overtime basis . The Town pays about $50 . 00 per hour and the Sheriff' s Department provides an officer and car. Last year' s enforcement focused on East Hill . This spring they have concentrated on South Hill , particularly Stone Quarry and Coddington Road . With the help of the Highway Department , they do speed monitoring before and after the enforcement periods to get an indication of the effectiveness of the program . Councilman Stein asked if they were able to determine whether there were lasting changed once enforcement was taken away . Councilman Lesser stated this was certainly the program ' s objective , however, the amount of money and time they have been able to devote to this project is no where near sufficient to change behavior. They are going to have to do what they can repeatedly so that people begin to recognize they cannot speed without impunity . It is going to take an ongoing effort . Councilman Burbank pointed out that 13A is currently experiencing very heavy traffic loads and some aggressive driving . He asked that the area be included in the monitoring . TB RESOLUTION NO . 2004-082 : Authorize Renewal of Contract with the Tompkins County Sheriff ' s Department for Additional Traffic Patrol WHEREAS , the Town of Ithaca entered into an agreement with the Tompkins County Sheriff' s Department for additional traffic patrol from April 1 , 2003 through December 1 , 2003 ; and WHEREAS , the Town of Ithaca Transportation Committee has recommended renewing that agreement to provide additional traffic patrol from April 1 , 2004 through December 31 , 2004 ; and WHEREAS , the Town of Ithaca allocated $ 10 , 000 in the 2004 budget , line item A3310 . 402 , for additional traffic patrol ; now , therefore , be it RESOLVED , that the Town Board of the Town of Ithaca authorizes Supervisor Valentino to renew the agreement , as presented , between the Town of Ithaca , the County of Tompkins , and the Sheriff of Tompkins County to provide additional traffic patrol in the Town of Ithaca . • MOVED : Councilman Lesser SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . 15 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Agenda Item No. 17 - Consider Setting a Public Hearing Regarding Amendment to the Subdivision Regulations Mr. Kanter told the Board when the Town adopted the Zoning Ordinance they found that there was a potential conflict between the Subdivision Regulations and the new zoning . The • provision in the Agricultural Zone that not only encourages clustering but basically says the Planning Board may require clustering in order to preserve large tracks of farm land . The Subdivision Regulations , on the other hand , say that you cannot cluster in an Agricultural Zone or District and before a cluster plan is brought to the Planning Board that land must first be rezoned to a residential zone . That is a direct conflict with the purpose and intent of the new agricultural zone . Resolving that conflict is the purpose of this amendment . The proposed amendment was taken to the Planning Board who recommended the Town Board adopt the amendment . TB RESOLUTION NO . 2004=083 : Setting a Public Hearing to Consider a LOCAL LAW AMENDING THE TOWN OF ITHACA SUBDIVISION REGULATIONS EXPANDING THE ZONES IN WHICH RESIDENTIAL CLUSTER SUBDIVISIONS ARE PERMITTED RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York , on the 7th day of June , 2004 at 6 : 30 p . m . for the purpose of considering a proposed local law amending the Town of Ithaca Subdivision Regulations expanding the zones in which residential cluster subdivisions are permitted ; and it is further RESOLVED , that at such time and place all persons intere:,ted in the proposed amendment and fees may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Agenda Item No . 18 = Consider Approval of Village of Cayuga Heights and Town of Ithaca Sewer Agreement (Attachment #8 — 5/4/2004 Draft Agreement) • The Board received a copy of the draft agreement in their packets . Supervisor Valentino told the Board that the Town has for some 50+ years had . an agreement with the Village of Cayuga Heights for them to treat Town sewage from the 16 May 10 , 2004 Town Board Meeting Approved June 7, 2004 northeast portion of the Town . As part of the Intermunicipal Sewer Agreement the Town needs to update their agreement with Cayuga Heights for diversion of flows to the City plant , mainly through the new Kline Road interceptor. The Town has been meeting with Cayuga Heights and the meetings have been friendly and cooperative . It looks like they will be able to put together a straightforward agreement . It will be cost effective for the Town because the diverted sewage will be processed at the City Plant where the Town is a partner. New flows will be coming to the Cayuga Heights facility from the Village and Town of Lansing . Aqenda Item No . 19 — Consider Approval of Speed Limit Reduction Request on Seven Mile Drive Supervisor Valentino reported that residents in the area have requested the speed limit be reduced . TB RESOLUTION NO , 2004-084 : Speed Limit Reduction Request for Seven Mile Drive Whereas : the Town of Ithaca has received a request for a speed limit reduction on Seven Mile Drive ; and Whereas : the speed limit reduction has been reviewed by the Pubic Works Committee ; and Whereas : the Pubic Works Committee approved the request to be forwarded to the Town Board of the Town of Ithaca to request a speed limit reduction on Seven Mile drive ; now therefore be it Resolved ; That the governing Town Board of the Town of Ithaca hereby request that the New York State Department of Transportation ' s Traffic Safety Division establish an area speed limit of 35 MPH . The area would start at Elmira Road on the west side of Seven Mile Drive , follow the line on the west the road to Bostwick Road , then proceed east along the south side of Bostwick Road to the west side of Five Mile Drive , then proceed along a line on the west side of Five Mile Drive to Elmira Road , then proceed along a line on the northwest side of Elmira Road to the west side of Seven Mile Drive . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Agenda Item No . 20 — Consider Approval of Equipment Swap with Tompkins County TB RESOLUTION NO . 2004=085 : Approval of Equipment Swap with Tompkins County Whereas : Tompkins County Highway Department has a 1990 Red River, LB237 Live Bottom Trailer for sale ; and 17 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Whereas : The Town of Ithaca has a 1995 SECA , 747F Traailer Mounted Sewer Jet which is scheduled to be replaced this year, and a new one has been ordered ; Whereas : The Town of Ithaca and Tompkins County are in agreement to trade these two pieces of equipment ; now therefore be it Resolved : That the Highway Superintendent be authorized to trade the Town ' s 1995 SECA Trailer Mounted Sewer Jet for Tompkins County' s 1990 Red River Live Bottom Trailer. No monetary transactions are needed . MOVED : Councilman Stein SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye Agenda Item No . 21 = Consider Approval of Intermunicipal Agreement with Town of Caroline regarding Equipment Sharing (Attachment #9 — Draft Agreement) Supervisor Valentino questioned the language in the #6 relating to liability . There was discussion of the difficulties of involving other municipalities in over-complicated agreements or agreements with the County . The agreement before them is an attempt by the Town Highway Department and the Town of Caroline to move things along . Mr. Noteboom told the Board and Mr. Barney that the agreement before them was the agreement that Schyler County had with its towns . Mr. Barney recommended eliminating the #6 and the Board agreed to remove that paragraph . TB RESOLUTION NO . 2004-086 : Mutual Sharing Plan Under Article 5 -G of the General Municipal Law , Town of Caroline and Town of Ithaca i Whereas : The Town of Caroline and the Town of Ithaca are municipalities within Tompkins County who occasionally have cause to work together or share services ; and Whereas : These municipalities would like to set forth a written agreement for sharing services ; now therefore be it Resolved ; That on the recommendation of the Public Works Committee , the governing Town Board of the Town of Ithaca hereby approves the Highway Superintendent to sign a mutual sharing plan under article 5 - G of the general municipal law allowing the Town of Ithaca to enter into the attached agreement . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman i VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye 18 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Agenda Item No 22 - Consider Approval - of Extension of Chase Lane and Turn -around Councilman Burbank asked what the cost would be to the Town for extending the road . Mr. Noteboom stated it would be around $20 , 000 . Councilman Lesser commented that the landowner was getting fairly good value out of this arrangement . Mr . Walker stated the arrangement would create one additional lot , lot #2 , in exchange for the right of way . TB RESOLUTION N0z 2004-087 • Acceptance of Concept and Location of Proposed Dedication of Public Road as an Extension of Chase Lane (Attachment # 10 — Survey Ma WHEREAS , the Town of Ithaca Planning Board has granted Preliminary and Final Subdivision Approval for the Harris Four- Lot Subdivision , located at the South end of Chase Lane , on a portion of Town of Ithaca Tax Parcel No . 45 . - 1 -2 . 2 , Residential District MDR , and WHEREAS , the owner of the property for the above- referenced subdivision has proposed to convey a . 36 Acre parcel to the Town of Ithaca for the extension of Chase Lane with adequate space for a hammer-head type turn around , described as "Area of Proposed Parcel to be Conveyed to the Town of Ithaca 0 . 362 Acre +/- , Proposed Extension and Turn- A- Round , Chase Lane" , on a plat entitled " Survey Map , Showing a Portion of Lands of Tessa Sage Flores , lot 99 Town of Ithaca , Tompkins County , New York , P/O Tax Map No : 45- 1 -2 . 2 , P/O Reference Deed : L . 728/P . 50" prepared by Reagan Land Surveying and dated March , 2004 , and WHEREAS , the Town of Ithaca Highway Superintendent , Director of Engineering , and Director of Planning have reviewed the plan for the above parcel for conveyance to the Town , and recommend that the Town Board of the Town of Ithaca approve the acceptance of this parcel of land for purposes of extending Chase Lane°, now therefore , be it RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the concept and location of the above-described land dedication , subject to the following conditions : 1 . That the specific surveyed location , deed , and abstract showing good and marketable title for the proposed parcel be submitted in a form acceptable to the Highway Superintendent and Attorney for the Town of Ithaca , prior to the conveyance to the Town of Ithaca . 2 . That the parcel shall be conveyed to the Town of Ithaca prior to issuance of a building permit on the Parcel designated as " New Lot 2" or the remaining lands of Flores . MOVED : Councilwoman Gittelman SECONDED : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser , aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman 19 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Agenda item No . 23 - Consider Acceptance of Resignation of Andrew Dixon from Zoning Board of Appeals (Attachment # 11 — Letter of Resignation ) TB RESOLUTION NO . 2004-088 : Acceptance of Resignation of Andrew Dixon from the Zoning Board of Appeals WHEREAS , Andrew Dixon , member of the Zoning Board of Appeals , turned in his Letter of Resignation , since he no longer meets the requirement of being a elector of the Town of Ithaca ; now , therefore , be it RESOLVED , that Town Board of the Town of Ithaca does hereby accept the resignation of Andrew Dixon , from the Zoning Board of Appeals , effective May 10 , 2004 . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-089 : Resolution of Appreciation for Andrew Dixon Years of Service VGHEREAS , AniTew-° Dixon was appointed to the Zoning Board of Appeals of the Town of Ithaca effective July 9 , 2002 , and served on such board until his resignation effective May 10 , 2004 ; and WHEREAS , during his years of service on the Zoning Board of Appeals , Mr. Dixon brought thoughtful consideration to his position and served the residents of the community with distinction ; and WHEREAS , in performing his duties as a Zoning Board of Appeals member, Mr. Dixon treated the applicants that came before the Board with respE)ct , diligently and wisely decided the issues that were presented to the Board ; and WHEREAS , the Town of Ithaca is indebted to Mr. Dixon for his years of exemplary service as a Zoning Board of Appeals Member and wishes to express its appreciation to him for his contributions : 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 gratitude to Andrew Dixon for his distinguished , articulate , pragmatic and dedicated service to the Town and the residents of our community . MOVED : Supervisor Valentino 20 May 10 , 2004 Town Board Meeting Approved June 7, 2004 SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye Agenda Item No 24 = Consider Appointment of Zoning Board of Appeals member (Attachment #12 — Richard Matthews ' Resume) TB RESOLUTION NO . 2004-090 : Appointment to Zoning Board of Appeals WHEREAS , a vacancy exists on the Zoning Board of Appeals due to the resignation of Andrew Dixon ; and WHEREAS , an interview committee interviewed the interested individual ; now therefore be it RESOLVED , that the governing Board of the Town of Ithaca hereby appoints Richard Matthews , 380 East King Road , Ithaca , New York , to the Zoning Board of Appeals to fill a term beginning May 10 , 2004 and ending December 31 , 2007 . MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; C;ounciiwoman Gittelman , aye ; Councilman Lesser , aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Agenda Item No . 25 - Report on Hazard Mitigation Plan (Attachment # 13 — Executive Summary) Mr. Walker told the Board that a Hazard Mitigation Plan is a requirement that FEMA has put on municipalities that may apply for mitigation funding in the future . The whole process came before the Board about a year ago and the Board approved participating with Tompkins County in hiring a consultant to do the Hazard' Mitigation Plan . The plan is in the development process , a draft of the executive summary was in the board packet . The draft is available for review and comments . In response to questions from Mr. Carvill , Mr. Walker stated that he would follow up with Kate Hackett to get a bill for the project . Agenda Item No . 26 - Update on Watercraft Ordinance and Consider Setting Public Hearing for Amendment to the Ordinance Supervisor Valentino reported that the Town of Ulysses passed an ordinance that is the same as the Town ' s . The City has been discussing doing the same . Lansing Supervisor Steve Farkas will be going to his Town Board to request they amend their ordinance to 500 feet off shore . The Town of Caroline asked , since the three municipalities have different time that the boats can operate ( Lansing has 8 , Ulysses has 9 , the Town has 10) , if it would be possible 21 May 10, 2004 Town Board Meeting Approved June 7, 2004 for the three municipalities could come to an agreement on a consistent time . Supervisor Valentino stated she wasn 't sure whether it was worth going through the whole process of another public hearing to make that change this year. Another thing the group noticed was in Section 9 where it talks about "no person under the age of 16 may operate a PWC unless he or she is accompanied by a parent or accompanied by an adult over the age of 18" . There is an error where it says "and " . The State law actually says "or" . Attorney Barney and Councilman Engman told Supervisor Valentino that wording was intentional to make the ordinance more restrictive . The Board discussed specifying the point from where they will measure the sound . Attorney Barney felt it would be better to pin point of how you are going to measure the noise . Councilman Stein recommended measuring from the shore , stating the Board essentially needed to decide where they wanted it to be quiet . Councilman Engman recommended looking into the issue more , looking at other models . Councilman Stein asked if the ordinance was enforceable as currently written . Attorney Barney told him it would be enforceable . The Board agreed to defer setting a public hearing until further investigation and discussion with the Sheriff and the Justices . Agenda Item No . 27 = Discussion of Funding for Ithaca Invaders ( Attachment # 14 — 4/20/2004 Report on Ithaca Invaders) Supervisor Valentino told the Board that the Town is not funding Ithaca Invaders . What the Town is doing is funding four youth that are hired through the Cornell Cooperative Extension ' s Jobs for Youth program . She reported that she had asked Karen Coleman how it had happened this way ; Ms . Coleman told her it shouldn 't have and it will be corrected next year. Supervisor Valentino recommended funding it as it is in the budget with the understanding that it will be listed correctly in the 2005 budget . Councilwoman Gittelman reassured the Board that the Youth Commission , which has representatives from the Town of Ithaca , Village of Lansing , and Village of Cayuga Heights , is a thoughtful group of volunteers that spend a lot of time to make sure the money goes to the right place . Agenda Item No . 28 - Consider Authorization to Amend the Villaqe of Cayuga Heights Fire Contract TB RESOLUTION NO , 2004-091 : Ithaca Town Board Approval for the Purchase of a Ladder Truck by the Village of Cayuga Heights WHEREAS , at the February 11th , 2002 Town Board meeting under Resolution No . 2002-047 the Town Supervisor was directed and authorized to execute signing the fire protection contract between the Town of Ithaca and the Village of Cayuga Heights for fire protection and emergency services for the contract period January 11 th , 02002 through December 31St 2006 , and 22 .. f May 10 , 2004 Town Board Meeting Approved Jun_ e 7, 2.004 WHEREAS , the Town Supervisor and the Town Budget Officer have received communication from the Village Town Board that final, bid quotes have been received indicating that the net cost (after trade- in ) for the replacement of a 1990 "Ladder Truck" will be approximately $400 , 000 , and WHEREAS , the inclusion of this acquisition cost will increase the Town ' s annual contract cost for fire protection by an amount between $ 14 , 000 and $ 16 , 00 , and WHEREAS , the Town Supervisor and Town Budget Officer are recommending to this governing Town Board that the Town of Ithaca and Village of Cayuga Heights Fire Protection Contract include those equipment costs relating to the acquisition of the new "Ladder Truck" , and , therefore , be it RESOLVED , that after discussion this governing Town Board agrees that such fire protection equipment be acquired by the Village and that such equipment costs be included as part of the annual Town ' s share under the terms of the Fire Protection Contract between the Town and the Village of Cayuga Heights , and be it further RESOLVED , that this governing Town Board approves the purchase of a new " Ladder Truck" by the Village of Cayuga Heights , and be it further RESOLVED , that a certified copy of this resolution be forwarded copy of this resolution be sent to the Village Mayor, Walter Lynn . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-092 : 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 Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-092a : Town Board Minutes WHEREAS , the Town Clerk has presented , with corrections , the minutes for the Regular Town Board Meeting held April 12 , 2004 to the governing Town Board for their review and approval of filing ; 23 b May 10 , 2004 Town Board Meeting Approved June 7, 2004 NOW , THEREFORE , BE IT RESOLVED , the governing Town Board does hereby approve for filing the minutes for the meetings held on April 12 , 2004 , MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO , 2004=092b : Town of Ithaca Abstract WHEREAS , the following numbered vouchers havE) been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 8493-8628 General Fund Townwide $ 863672 . 42 General Fund Part Town $ 175774 - 05 Highway Fund Part Town $ 245875 . 98 Water Fund $ 487536 . 53 Sewer Fund $ 401 "177 , 95 William & Hannah Pew Bikeway $ 1 , 983 . 00 Bostwick Rd Water Tank & Transmission Line $ 620 . 00 Coy Glen Pumpstation / Pipeline $ 311956 . 92 Risk Retention Fund $ 608 . 62 Fire Protection Fund $ 2851597 . 75 Forest Home Lighting District $ 177 . 18 Glenside Lighting District $ 62 . 32 Renwick Heights Lighting District $ 87 . 09 Eastwood Commons Lighting District $ 179 . 35 Clover Lane Lighting District $ 20 . 66 Winner' s Circle Lighting District $ 60 . 68 Burleigh Drive Lighting District $ 58 . 35 West Haven Road Lighting District $ 237 . 74 Coddington Road Lighting District $ 140 . 41 TOTAL : $ 539 . 827 . 00 MOVED : Councilman Lesser 24 May 10 , 2004 Town Board Meeting Approved June 7, 2004 SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-092c : 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 : 143 , 207 , 209 -2177 219 -273 Check Numbers : 7227-7228 , 7293-7301 , 7303-7357 Operating Fund $ 1689227 . 65 2002 Office Space Addition $ 7 , 414 . 73 1998 SCADA Capital Project $ 39326 . 34 TOTAL $ 178 , 968 . 72 MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman TB RESOLUTION NO , 2004=092d : . Consider Changes for Conference/Travel Policy WHEREAS , the governing Town Board in May 1999 established a maximum cost level of $200 for conferences and travel to be approved of by the Town Supervisor, Department Heads , Budget Officer and Human Resources Manager; and WHEREAS , the governing Town Board in July 1999 established a per diem allowance for meals when traveling to a conference at fifty ($50) for all day travel or for less than all day travel , ten dollars ( $ 10) for breakfast ; fifteen dollars ( $ 15) for lunch ; and twenty five dollars ($25 ) for dinner; and 25 May 10 , 2004 Town Board Meeting Approved June 7, 2004 WHEREAS , the present economic climate dictates that the cost of attending most conferences exceeds the levels established in 1999 ; and WHEREAS , the Personnel Committee reviewed the levels established in 1999 and recommends changing the policy to allow the Town Supervisor, Department Heads , Budget Officer and Human Resources Manager to approve conferE) nce costs up to $300 per person per event and change the meal allowances to sixty five dollars ( $ 65 ) for all day travel ; or for less than all day travel , fifteen dollars ($ 15 ) for breakfast ; twenty dollars ( $20) for lunch ; and thirty dollars ($30) for dinner; now , therefore , be it RESOLVED , the governing Town Board of the Town of Ithaca hereby grants authority to the Town Supervisor, Department Heads , Budget Officer and Human Resources Manager to approve and authorize attendance for themselves , and their staff , to any conference for a cost up to $300 per person per event , which shall be expended from the appropriate budgetary line as designated in the adopted Town Budget ; and be it further RESOLVED , the Town Board approves the per diem for meals to sixty five dollars ($ 65 ) for all day travel ; or for less than all day travel , fifteen dollars ( $ 15 ) for breakfast ; twenty dollars ($20) for lunch ; and thirty dollars ( $30) for dinner; and be it further RESOLVED , Human Resources Manager is direct to make such changes for the Personnel Manual and Conference/Travel Authorization Form . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-092e : APPROVAL TO ATTE= ND QUALITY COMMUNITIES, j QUALITY COASTS SMART GROWTH CONFERENCE , ALE3ANY, NY WHEREAS , the New York State Department of State and Audubon New York are co- sponsoring the Quality Communities , Quality Coasts Smart Growth Conference 2004 , in Albany , New York , on May 25th and 26th , 2004 , which will include programs and workshops on ways to improve communities , and will focus on strategies regarding sustainability , community revitalization , open space and technology ; and i WHEREAS , it will be beneficial to the Town to send staff to this program , and WHEREAS , the current Planning Department budget includes sufficient funds for this purpose ; BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Jonathan Kanter, Director of Planning , at the Quality Communities , Quality Coasts Smart Growth Conference 2004 , in Albany , New York , from May 24th (traveling to the 26 May 10 , 2004 Town Board Meeting Approved June 7, 2004 conference) through May 26th , 2004 , at a cost not to exceed $360 . 00 , which includes registration , accommodations , meals , and other travel expenses , as described on the attached Conference/Travel Authorization Form , charged to Account B8020 . 403 . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION N0 . 2004-092f : Acceptance of Resiqnation from Ethics Board (Attachment # 15 — Letter of Resignation ) WHEREAS , David Klein was appointed as a representative to the Ethics Board for January 1 , 2004 through December 31 , 2004 ; and WHEREAS , Mr. Klein has submitted his resignation from the Ethics Board , since his appointment of Interim Town Justice , effective April 1 , 2004 , would cause a conflict of interest ; Now , therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby accept the resignation of David Klein , from the Ethics Board , effective May 10 , 2004 . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004-092g : Ratification of Town Clerk ' s Appointment of Deputy Town Clerk (Attachment # 16 — John Coakley' s resume) WHEREAS , there has been a vacant Deputy Town Clerk position in the Town Clerk 's Department since May 7 , 2004 ; and WHEREAS , Town Clerk and Human Resources Manager interviewed eight candidates for the position ; and WHEREAS , the said have determined that John Coakley possess the knowledge , skills and ability to satisfactorily perform the duties of the Deputy Town Clerk position ; and WHEREAS , Tee -Ann Hunter, Town Clerk has appointed John Coakley as her Deputy Town Clerk effective , May 3 , 2004 ; 27 May 10 , 2004 Town Board Meeting Approved June 7, 2004 Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Town Clerk , of John Coakley as Deputy Town Clerk , retroactive to May 3 , 2004 ; and be it further RESOLVED , the said position is in job classification " K" at part time status of 20 hours a week , at the hourly wage of $ 15 . 25 , with part time benefits ; and be it further RESOLVED , an twenty six (26 ) week probationary period applies and shall end effective October 31 , 2004 , with no further action by the Town Board if there is successful completion of the probationary period as determined by the gown Clerk . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye TB RESOLUTION NO . 2004=092h : Regular Appointment of Recreation and Youth Coordinator (Attachment # 17 = Marnie Kirchgessner 9s resume WHEREAS , there is presently a vacancy in the full time position of Recreation and Youth Coordinator; and WHEREAS , the Interview Committee interviewed three candidates from the certified eligible listing for the said position ; and WHEREAS , the Committee has determined that Margaret Kirchgessner possess the necessary knowledge and skills to satisfactorily perform the duties of the Recreation and Youth Coordinator and make the recommendation for appointment ; I Now , therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the regular appointment of Margaret Kirchgessner as full time Recreation and Youth Coordinator, retroactive to May 3 , 2004 ; and be it further RESOLVED , this is a 37 . 5 hours a week position , at the hourly wage of $ 15 . 25 , which is an estimated annual salary of $29 , 737 . 50 , from account number A7110 . 100 , in Job Classification " K" , with full time benefits ; and be it further RESOLVED , if the said successfully completes the mandatory twenty six (26) week probationary period , which ends October 31 , 2004 , there will no further action required by the Town Board . MOVED : Councilman Lesser 28 May 10 , 2004 Town Board Meeting Approved June 7, 2004 SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser , aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Agenda Item No . 30 - Report of Town Committees Recreation Partnership Supervisor Valentino reported on a meeting with the Town Supervisors , City Mayor, and the recreation representatives to the partnership to discuss how they can keep the partnership together if the County' s funding doesn 't happen , and it looks like the funding will not happen . There were no real decisions made at the meeting , but it was the beginning of the dialogue . Councilwoman Gittelman told the Board that one of the things the Recreation Partnership is looking to do is look at how they will respond , either contributing more money or cutting programs , when the County stops their funding . Agenda Item No . 31 — Report of Town Officials (# 18 — Monthly Reports) Highway Superintendent Supervisor Valentino reported a damaged soccer net at Eastern Heights Park . Councilman Engman thanked the Highway Department for their help in re- routing traffic for the Forest Home Community Day . Additional Agenda Item No . 1 - Sewage Treatment Plant Phosphorus Removal Project (Attachment # 19 — 5/10/2004 letter from Lawrence Fabbroni ) Supervisor Valentino reported that the bids were in for the Phosphorus Removal Project and they came in under the approved amount . TB RESOLUTION NO . 2004-093 : Approval to Allow Award of the Joint Sewage Treatment Plant Phosphorus Removal Contracts WHEREAS , on May 4 , 2004 bids were received for construction of the joint sewage treatment plant phosphorus removal project , and WHEREAS , bids received for each of the three prime contracts from qualified contractors were within the project budget limits set by the Town Board at the March 15 , 2004 special Town Board meeting , and WHEREAS , more than 30 days have passed after the adoption of a public interest order for such project and no petition for a referendum has been filed , and WHEREAS , the Town Engineer is satisfied that the bidding process was conducted in an acceptable manner as required by the Town Board and NYS law , now therefore be it 29 May 10 , 2004 Town Board Meeting Approved June 7, 2004 RESOLVED , that the Town Board approves the award of contracts to the following contractors at the stated contract prices : General Construction Crane- Hogan Structural Systems $3 , 497 , 000 Electrical Contractor John Mills Electric , Inc . $ 3975500 HVAC Contractor Kimble , Inc . $ 125 , 100 And , it is further RESOLVED , that a copy of this resolution be provided to the Mayor and Engineer of the City of Ithaca . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Director of Engineering Councilman Burbank asked Mr. Walker when Coy Glen would be repaved . Mr. Noteboom and Mr. Walker told him the beginning of June . Director of Planning Mr. Kanter asked the Board to consider the impacts on staff resources of a regularly meeting Agricultural Committee . This is a committee that hasn 't been meeting in past years and if it is going to be a regularly meeting committee the Town needs to think about staff resources . The Board discussed a board member, rather than staff support , serving on the Agricultural Committee and Herb Engman offered to sit with the committee as a board representative during its initial meetings . Mr. Engman felt this would allow the Town to start modestly and start talking with the committee . Agenda Item No. 33 — Consider Executive Session regarding purchase of real property On motion by Supervisor Valentino , seconded by Councilman Stein , the board entered executive session at 9 : 12 p . m . to discuss the purchase of real property . On motion by Councilman Burbank , seconded by Councilman Engman , the board returned to regular session at 9 : 24 p . m . TB RESOLUTION NO . 2004-094 : Authorization to Obtain Appraisal RESOLVED , that the Town Engineer, with the approval of thE:3 Town Supervisor, is authorized to obtain an appraisal of the easement property discussed in executive session at a cost not to exceed $ 1 , 000 . 00 . MOVED : Councilman Stein 30 May 10 , 2004 Town Board Meeting Approved June 7, 2004 SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Lesser, aye ; Councilman Stein , aye ; Councilman Burbank , aye ; Councilman Engman , aye . Adjournment On motion by Councilman Burbank , the meeting was adjourned at 9 : 6 p . m . Respectfully submitted , Tee-Ann Hunter Town Clerk Next Regular Meeting - June 7, 2004 31 Page 1 of 1 May 10 , 2004 Town Board Meeting ATTACHMENT # 2 1) A Catherine Valentino From : Jeffrey Silber Usilber @cayuga-h eights. ny. us] Sent: Thursday, April 15, 2004 3:44 PM To. Catherine Valentino Cc: Walter Lynn ; Al Carvill Subject: Ladder Truck Replacement April 13 , 2004 To : Cathy Valentino Re : Ladder Truck Replacement The Mayor and I wanted to give you a quick update on our possible ladder truck replacement. When we met last fall , we discussed the high maintenance costs associated with our 1990 truck, leading us to consider early replacement. Doing so would require the Town to allow us to lift the annual expense cap in the contract, since it wasn't contemplated when the contract was negotiated. We agreed to keep you informed of our process of evaluation . • The Village board discussed the situation at length on several occasions, and agreed that the Fire Department could prepare a specification for bid. Once bids were received, and true financial implications were known and the Town consulted, a decision regarding replacement would be made . • The specification was prepared, sent out, and in early March five bids were opened . • The bids were remarkably close to the estimates used for the earlier analysis , indicating that the net cost of a purchase (purchase cost less trade-in) is approximately $400 ,000 • While the board has not yet approved the acquisition , it passed a bond resolution this week to initiate the permissive referendum period. If the truck were to be acquired and, consistent with our discussion last fall , the Village and Town made a $75 ,000 down payment (split using the ratio from the contract) we estimate that the annual payments would increase the total contract amount by $ 14,000 to $ 16 ,000/year (depending on whether we bond for 8 or 10 years) . This would be above the annual increase cap currently in the contract . The Village Board has requested that the Town agree to increase the annual contract amount before proceeding with this acquisition . The Village would like to act on the matter in its meeting of May 17 . Would it be possible for the Town Board to consider the matter prior to that time ? The Village would be happy to have the Fire Chief and/or the Treasurer attend the meeting and provide any necessary material to facilitate the discussion . Thank you for considering this request . We look forward to hearing from you. 5/4/2004 �lyOFlT� May 10 , 2004 Town Board Meeting ATTACHMENT # 3 q9 TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 � � o OWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273- 1783 FAX (607) 273-1704 MEMORANDUM TO : Town Board Members DATE : May 3 , 2004 FROM : Andrew S . Frost, Director of Building and Zoning SUBJECT : New Fee Schedule Applicable to Building and Zoning Enclosed are two charts depicting the existing fee schedule and a new proposed schedule for all fees collected by the Building and Zoning Department. i The fees for building permits should be increased (as shown in the proposed schedule) to reflect the increased costs of construction and the increased cost of the Town to enforce its regulations. It is noteworthy that the new state mandated building codes (effective January 1 , 2003 ) are more detailed and time consuming, in order to achieve compliance. With this, we have added additional cost brackets for the less costly improvements and increased the fees for higher value construction projects. The thinking here, is to provide a greater range of building permit fees to go along with the more detailed volume of regulations. With regard to the other categories, where fees are collected, the rates have gone up to follow along with the increased cost of "doing business." Please note that we are now proposing collecting fees for fire safety reinspections. We have not collected monies for this before ; however, a reinspection does cost the Town and collecting fees for reinspections should also encourage property owners to improve compliance at the time of the initial inspection. Finally, with regard to Zoning Board of Appeals, fees have been unified for the cost of an appearance to $ 100 for all appeals (current is $80 and $ 100). We are also proposing to drop the fee for use permits. Use permits were part of the original New York State Fire Prevention Code, which no longer exists. This Code ceased in 1984 . That Code, in part, addressed items like bowling alley floor resurfacing chemicals, cellular nitrate film, and other flammable substances that are now obsolete. The 1984 state codes (and present) now mandate fire safety inspections to be performed in buildings (other than 1 and 2 family residences) . With this the Town is performing and charging for fire safety inspections on all Town inventoried properties (other than ; l and 2 family residences) . Town Board Meeting May 10 , 2004 ATTACHMENT # 4 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 PROJECT INFORMATION To be comp feted by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2 . Project Name Enactment of a Local Law Establishing and/or Amending Town of Ithaca Town Board Town Clerk, Building, Zoning, Engineering, Planning, Permits, and Other Fees and Amending Provisions of the Freedom of Information Resolution and Building Code Enforcement Law Related Thereto, 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) Townwide. Tax Parcel Number: N/A 4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? X 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items) : Enactment of a local law establishing and/or amending Town Clerk, Building, Zoning, Engineering, Planning, permits, and other fees and amending provisions of the Freedom of Information Resolution and Building Code Enforcement Law related thereto. The local law updates the fees contained therein, revises certain of the provisions pertaining to fees, eliminates the current development review fee deposit procedure and establishes a new fee schedule for development applications (including subdivisions and site plans). (Attach separate sheet(s) if necessary to adequately describe the proposed project. ) mount of land affected : . N/A (Townwide) tially (0-5yrs) Acres (6- 10yrs) (>10 yrs) Acres . How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly : 9. Will proposed action lead to a request for new: Public Road ? YES NO X Public Water? YES NO X Public Sewer? YES NO X . 10. What is the present land use in the vicinity, of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other. Please Describe : (N/A) 11 . Does proposed action involve a permit, approval, or funding; now or ultimately from any other governmental agency (Federal, State, Local?) YES NO—X_ If yes, list agency name and permit/approval/funding : 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. -N/A I CERTIFY THAT .THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino Supervisor, Town of Ithaca Signature and Date : RT II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) oes proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law? ES NO X If yes, coordinate the review process and use the full EAF. IT'Will proposed action receive coordinated review as provided for unlisted actions m .6 NYCRR, Part 617.6 . YES NO X - If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten , if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? . Explain briefly : None anticipated. C2 . Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources ? Community or Neighborhood character? Explain briefly : None anticipated. C3. Vegetation o.r . 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. The local law updates and modifies the fees and procedures for the collection thereof. The fees are consistent with the goals and objectives of the Comprehensive Plan and other Town Board policies. Updated . fee amounts are consistent with amounts being charged by other municipalities across New York State. 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 Cl -059 Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts ? YES NO X_ If yes, explain briefly : See Attached. . E. Comments of staff _X CB., other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i . e . urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or .significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _X_Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Prepare s Signature(If different from Responsible Officer) Matherme Valentino Supervisor e & title of Responsible Officer In Lead Agency Signature of Contributing Pre * parer DATE : lgnature of Responsible Officer in Lead Agency ', i May 10 ; 20,04 Town Board Meeting . ATTACHMENT # 4a ail PLANNING DEPARTMENT MEMORANDUM y TO : TOWN BOARD MEMBERS FROM : PLANNING DEPARTMENT,.; DATE : APRIL 29 , 2004 ` RE : LOCAL LAW REGARDING UPDATING THE FEE SCHEDULE Attached are materials related to the updating of the Town ' s fee schedule . Included is a copy of the proposed Local Law for the Fee Schedule, 'a draft Town Board resolution for adoption, and SEQR material . The fee schedule includes changes related to the Town Clerk office , and to the Planning, Building and Zoning, and Engineering Departments. At the May 10` 11 meeting, each department plans to summarize the . relevant changes that have been made . The current fee schedule was adopted in 1994 , and very few changes or updates have been made since then . Town staff recently. identified that many of the fees were outdated and . that the method used for the site plan and subdivision charges created many problems for the applicants and planning staff. This past year staff collected many examples of fee schedules from other communities (neighboring municipalities and others throughout the State) and researched what changes may be appropriate to the Town ' s schedule . Planning staff complied the proposed changes from all the departments and a draft was presented to the Codes and Ordinances Committee ( COQ in fall 2003 . The COC .has reviewed the proposed fee schedule at several meetings , discussed the proposed changes, and has forward . the Local Law to the Town Board for consideration of adoption . The COC worked closely with Susan Brock , Attorney-at -Law, in drafting this proposed local law . The most significant change in the fee law relates to a new structure for Planning and Development Review fees . Based on much discussion and research (see memo from Mary Russell , dated 1 /20/04, attached), we are recommending changing our development review fee structure to a new simplified application fee schedule ( similar to the building permit fee system) , based on estimated cost of the project . This was formulated by studying actual staff time spent on reviewing projects over a number of years, and relating that to estimated costs of these projects .: This will bring the development review/application fee system in line with the recent court rulings outlined irrMary Russell ' s memo , and will also simplify the accounting system that we have been using for a number of years . The Zoning Ordinance includes several sections (e . g . 2303 , 2403 , 2802 , 2 8035 and 2812 ) with general references to fees that the Board might want to. consider amending at some point in the future, but none of these sections create any conflicts with the new fee law provisions . Perhaps these can be amended at some point after adoption of the new Town Code to . ensure proper cross-referencing in the Code . M emorandum To: Jonathan Kanter CC: From: Mary Russell - Date: 1 /20/2004 Re:. Development Review Fees As a result of our .discussion at the November meeting of the COC, I did some research on the subject of the current legal parameters the courts, have set on development review fee schedules for municipalities. . This is the manner of charging for staff services the planning staff is recommending i .e. setting a fee schedule as opposed to the current practice of tracking time. spent on individual projects. Some issues, which arise in trying to construct a legally sustainable ee schedule, are : 1 ) May different categories of applicants be established and charged differing fees? 2) What characteristics may distinguish the categories from each other? 3) How much statistical data is needed to justify he categorization? Two New York Court of Appeals cases give us some guidance. In the leading case on this issue, the Court of Appeals expressed its displeasure with fee assessments that were. open-ended, fearing the potential for abuse of or discrimination against applicants' . Jewish Reconstructionist Synagogue of the North Shore; Inc. v. Incorporated Village of Roslyn Harbor, 40 NY2d 158 ( 1976 ,) Considering the assessment of fees to a_ synagogue for a variance and special use permit in the small , almost exclusively residential Village of Roslyn Harbor, the. court stated "the fees . . . ` should be assessed or estimated on the basis of reliable factual studies or statistics ' . . Put another way, the yardstick by which the reasonableness of charges made to an applicant in an individual case may be evaluated is the experience of the local government in cases of the same type. Without the safeguard of a requirement that fees bear, a relation to average costs, a board would be free to incur, in the .individual case; not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient, no matter how oppressive or discouraging they might in fact be for applicants . . . .That is not to say that classes of applicants may not be established. Experience may indicate that average costsjustify distinctions among A more open-ended approach was upheld where it was deemed by the court to be fair, in line with costs in other communities and based on average rather than actual expenses. Home Builders Association of Central New York v. Town of Onondaga, 267 AD 2d 973 ( 1999). Since this approach required the Town of Onondaga staff to do all the work required to establish a fee structure and then refund_ any excess to the developer, at least one commentator sees little benefit of this approach over establishing a fee structure. (Grant, D . , How to Arrange for Developers to Fund the Expenses of Project Review and Development, New York Planning Federation paper) t i 1 January 20, 2004 different kinds of applicants, describable by objective criteria such as, for instance, whether they are involved in residential as distinguished from nonresidential uses. Or categories may revolve around such determinants as the size or value of the property at issue. Where classifications are rational, fees for each class maybe based on its average . : . Thus, if a village can demonstrate that a class of applicants generally requires a board to incur costs greater than those usually attendant upon applications for those in another classification, it may establish such a class and may establish its fee schedule accordingly. Roslyn Harbor at 163 - 1.64 (emphasis added). Finding that some of the village 's charges to the applicant were justifiable and some were not, the court stated But, obviously, a fee is not an average when it is based on a sample of one. Here the village acknowledges that the plaintiff' s application was the only one of its kind received by it in many years, if ever . . .Nor is there even the slightest indication of any effort made to avoid idiosyncratic or atypical charges by ascertaining what prevailing practices had been developed over a range of experience .by other villages of . comparable size on the basis or their average experience." Roslyn Harbor at 164. Therefore, we know from Roslyn Harbor that ( 1 ) development review fees should be based on average actual costs and (2) classes of applicants may be established based on rational distinctions such as residential/non-residential , size, value orpast e).cperience indicating a certain type of application typically generates such actual costs. Clearly, if' a municipality has had very little experience with 'a certain type of application that it .feels should be put into a separate category, it should look to the experience of other municipalities for guidance. The question of how much research is necessary to justify categories was addressed by the Court of Appeals in Suffolk Coun ty Builders A ssocia tion v. County of Suffolk, 46 N.Y.2d:613 (.1979)(question 3 above). This case involved a challenge to a fee schedule (including various categories) which had been established by a county health department for site inspections. One basis of the challenge was that the health department did not have a sufficient basis to set the fees it was charging, even though it had undertaken an -expense study. . the health department undertook a study of the expenses the county incurred incident to the issuance of health permits for water service and sanitary facilities for new construction. The factors that the study took into, account consisted of approximations of the actual cost of performing the related services by the department's general engineering unit in 1974 . . . , the number of actual inspections of both commercial and residential construction projects for that year, and an estimation of the time required for inspecting and processing the various applications. Candidly conceding that the end result was only a "rough estimate" of the cost of the . entire permit issuance program, the commissioner arrived at a figure indicating that the total cost to the county in 1974 was $545 ,000: Finally established by the commissioner in February, 1976, the schedule that eventuated from the cost study imposed fees ranging from $25 to $ 140 for the issuance of a health 2 January 20, 2004 department permit for residential construction, depending on whether the particular plot was serviced by public or private water and sanitary facilities and, in the instance of a - parcel serviced by both private water . . . and -private sanitary facilities . . . , upon the size of the parcel. A separate; higher fee schedule was applicable to commercial construction . . . . Suffolk County at 617 . . We turn now to. the point that the fees imposed by the commissioner were not, in fact, 'consistent with the cost of examination and field inspections" because the cost figures on which the fee schedule was based were drawn in part from rough estimates of the . . previous year's expenses rather than from more precise statistical formulae. To support it, plaintiffs place much reliance on the fact that judgriments and estimates rather than numerically accurate calculations alone led to the fees proclaimed by the schedule. Suffolk County at 620. The court supported the approach the health department had taken stating This is not to scoff at exact figures----when they are to be had. It is merely to observe that they are not necessarily the only means by which to arrive at a fair. judgment of cost, all the more so when, as here, the department's aim was not to record past experience but . to predict what it would be in the future. Yet, here, the available cost figures were not ignored. The commissioner took those that were most recent and, where no time studies separating commercial from noncommercial inspections had been made. in the past, almost necessarily placed reliance on estimates instead . In short, this was a situation in which both statistical information and human. experience played a part. Together, they were calculated to attain a reasonable correspondence between costs and fees. Exact congruence between total expenses and total pennit charges was not required. . , . Suffolk County at 621 . Thus, the Court of Appeals indicated in the Suffolk County case that municipalities have considerable latitude in setting fees. The Suffolk County fee schedule was based on statistics from only one year of experience and "rough estimates" where statistics were unavailable. We are fortunate that Town, staff has maintained detailed cost records for a number of years, so that "rough estimates" do not need to be relied upon in setting the Town's development review fee schedule. An example of a fee which was overtumed is provided by New York Telephone Company v. City ofAmsterdam, 200 A.D.2d 315 . (3' Dept. 1994), where the city's charge for an excavation fee ($ 13 per square foot) was clearly disproportionate to its costs in issuing the excavationpermit. Another example is Bon Air Estates v. Village of Suffern, 32 A.D:2d 921 (2nd Dept. 1969) where . the court held that because the property owner was able . to demonstrate that the building permit fees exceeded the village's costs in issuing the permit by 200 percent, the proof was sufficient to overcome the presumption of the fee ordinance's validity. A new trial was ordered to. show whether 3 January 20, 2004 . ' the statute will consistently produce a substantial excess of building permit fees above the costs of administering the ordinance and building code, whether there are any additional costs suffered by other agencies of the local government in administering the ordinance and building code, and whether there is any intent on the part of the village to use the ordinance as an income-producing device or whether any excess is merely incidental to the regulatory aspect of the ordinance. Bon Air Estates at 923 . 4 L oca l L a w Fil ing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY , NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended . Do not include matter being eliminated and do not use italics or underlining to indicate+ new matter. �eaut� may- of - - - - - - - - - - - - - - ITHACA Town Local Law No. . . . . . . . . . . . 5 - - - - - - - - - - - - - - - - of the year 20.04- - Alocal law - - - - - Est abli shin g - -aticl!-ox_ - -ameridi.ng_ . Town- - Clerk_, - -BuillcLii..n.g- -, - - zoning (moor( Tide) engineering , planning , permits and other fees and amending provisions of the Freedom of Information Resolution and Building Code Enforcement Law related thereto - - - - - - - - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - --- -- - - - - --- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - (Nana a/L Be it enacted by the - - -Town -B© 'Yd7 - - - - - - - - - - - - - - - - - - ---- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the --of - - - - - - - - - - - - - - - - Ithaca - - - - - - - - - - - - - - - - - - - - -- - - - - - -- -- - - - -- - - - - - - - - - - - - - - - - - - as follows , Town Attached Pages 1 . 12 (if additional space is needed , attach pages the same size as this sheet, and number each .) DOS -239 (Rev. 11/99) ` 1 ) i T OF_I_T_HA CA LOCAL LAW NO . 5 OF THE YEAR, 2004 A LOCAL LAW ESTABLISHING AND/OR AMENDING TOWN CLERK, BUILDING, ZONING, ENGINEERING, PLANNING, PERMITS , AND OTHER FEES AND AMENDING PROVISIONS OF THE FREEDOM OF INFORMATION RESOLUTION AND BUILDING CODE ENFORCEMENT LAW RELATED THERETO Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . PURPOSE . The purposes of this local law include the following: 1 . To revise the fees charged by the Town for various activities regulated by the Town or for various services performed by the Town including . fees for permits and licenses issued by the Town Clerk, fees for permits or certificates issued by the Building Code and Zoning Enforcement Officer, Town Engineer, Town Planner, and other Town officials„ and the fees for processing applications for variances, approvals, and similar matters requiring publication or board action; and 21 " . To establish . fees . for other services, which fees have not been previously charged; and 3 . . To amend or repeal provisions of other Town laws ; ordinances ou resolutions dealing with fees that are superseded by the enactment of this locale law. To the extent that this local law contains provisions inconsistent with any prior local law, ordinance or resolution of the Town of Ithaca, the provisions of this local law shall govern . i Section 2 . FEES AND CHARGES . The following fees and charges are established in the Town of Ithaca for the following permits, licenses, services, applications and other matters set forth below: 1 . FEES PAYABLE TO THE TOWN CLERK FOR LICENSES AND SEARCHES ISSUED BY THE TOWN CLERK. The following fees are established in the Town of Ithaca for licenses and searches. (a) Fee for marriage license together with certificate of marriage issued in conjunction with marriage license pursuant to Sections 15 and 14-a of the Domestic Relations Law $40 .00 1 ' 1 O O O =3 7 ^,� ` E W 'E 'E ~ E E L O O O L L a a) r r E ! ' =3 M m E L O O m 0- 0) CL C C > r. C O C CT C p p C •� mo mo N 7 L j a "6 m m Q L L U U E O \ O j O O o Ln o O O O O LO O L L 0N L. LO �0 O L cM M a N m O O 6 669 O N O up) CT U m O) C c C� � ' a C _ 6N 9 O LL O O O O O O ' O 'p N i L 7 N 7 "- O . O 0 0 0 0 0 0 0 0 0 0 .� 'O . . w L L a dl LO LO LO O O O O LO Lo O LO O LO 0 0 0 0 C0 m m 0 0 0 0 0 0 LOO 0 0 O. O O O d N M � CO r� N Cl) LO � CO �- r N CO C0 L O L r LO LO �- M r N r � Co In lL 69 69 69 69 Efl 69 69 69 69 69 69 69 69 69 H) 69 69 69 07 m C CA 60 169 69 69 69 69 Ec> 69 64) . 69 69 69 69 m Q o E 7 X O m N E c m c O m E C: CD c '� co m ami s L L U d V Q Q E C Q J C J a U 7 O > O U N O C (D N 0) M .p rn O O = (0 O p m C 7 'O a O L O LO -p m Y C .� . ,_ m LI ) r _ m L O N .p C E . 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O E L %&= 0 m o a v � Lev w c E m m V J 41 LM C J O cn N o A J �L.OL/ O L.L w C ^ N LL Y m m x 1 CD 0 C O C N fn O ?1 n "I 7 N (Q 'a CD C nL N (Q � c - CD �J J lD C1 Co W � 7 CD 07 O :� O CD mo j a to 0, CD y O rt MOL a ma N r (D � D) 0) 3 n K CD w v < cn 3 3 3 c _m �: C7 -i —i p o rfl � 69 to <n (A69 60 cf, � � 69 cf, � po C1 d (p O t3 c C C 0 CD O C .< < Cn N -� Cn N Cn W N Cn a CL O O. CD � _ ' . CD 3 � w ] (D CD O O Cn O O cn Cn 0 0 0 0 0 0 ' w - 3 — � O O o 0 0 0 o o o 'O O o O Cn o 0 o D � v' °— ° ° � ° Oo n � °' .69000000000000 0 w =3 O •o C) CD CD CD =r CD C N O o 0 0 0 0 0 0 1 1 , 1 O v Cll -o CD D CD 0 (n (D tU — (D o O O O O � 1 1 1 1 o rt N (D (D CD = 'O X ° O O ' 1 1 1 1 Cn W N O O = 0_ =� < O M N O o Cn Cn O O O O O (D CD Q CL Do tll CD � � O O O O CD (D < D D D O 0 CD O O O o O O o O O CD (O (L] O (D N (OD C _ C (D CD 3' 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 3. -- a 0000 n -: o � rnw � ° � °' m o0 M j Cn CD (D uCi O- C CD C ) p Cu C1 O-, o C CD p Q O < C1 C1 c 7 c o CD CL Ln. CD 3 O D (D O O CD ° C -p �• j O O O - N — C n Q CD -O D CD -O C �• 3 . c CS (n (fl CS n' CAD n ? CD 3 CD W M. 1 0) _Q (Q (° 3 ° O (Q O v S 7 C1 3 N tli O _x O 3 S c 3 0 .� CD mo (v ffl .69 ,69 Efl ffl EA 69 f rA tn ba {fl c9 .69 rA c0 O cn n 69 69 (A ffl ffl 469 '69 399 fl r� -69 (n /fl bs £a Ion N Cn W Co 00 N -� Cn -� O N (n N (D CD N W W N -� Cb C� W (D �l C n W N m CD cn 0 0 0 0 0 0 Cn 0 0 0 Cn O Cn O O o O , N O O O Cn cn O 0 0 0 N n N W o Cn Cn N N 0 0 0 0 Cn CD -. ' . O o Cn CA E Q cr C C O CD CD CD CD O O O O O (n C c -. CS C N -� Tl cflaa � a o 2• o O CD- CD _ 69 o co (° (° (° (Nn cn °' o cn (n 3 0 o o 69 -i n -s 0 c Cn C cn o (n 3 ° � � o 0 c � CD CD O 0 0 0 3 O _ °o hwo =r S 3 =CD N -0 (D CD CT c O (D a (D CD O (O O O -a � CD m < 3 3 c 3. (Q m m CD CD 3 CD 3 c 3 (D CD 0) 0 0 O (b) Certificate of marriage pursuant to Domestic Relations Law, Section 14-a(2) $ 10.00 (c) Marriage Transcript (duplicate Certificate of Marriage) $ 10.00 (d) Dog licenses pursuant to Section 110 of . the Agriculture and Markets Law (including the portion of the fee payable to the State) $8 .50 for spayed and neutered dogs ; $ 16 . 50 for unspayed and unneutered dogs (e) Purebred licenses $40.00 for ten dogs or fewer; $75 .00 for eleven to twenty- five dogs ; $ 125 .0.0 for more than 25 dogs (f) Tax searches $5 .00 for one-year search 2 . FEES PAYABLE TO THE TOWN CLERK PURSUANT TO THE FREEDOM OF INFORMATION LAW. The following fees shall be charged by the Town Clerk for the provision of copies or other items pursuant to the Freedom of Information Law or pursuant to any other law, rule or regulation where no other fee or charge is specifically provided: (a) Copies Generally. The Clerk shall upon request make a copy or copies of any record that is made available and which can be copied on the Town of Ithaca copying equipment upon the payment of $ . 20 per page after the first five pages (first five pages free) of a letter or legal size document. All copies of pages larger than 8 '/z inches by 14 inches up to 11 inches by 17 inches shall be at $ . 25 per page . Copies of CD ' s containing digital versions of certain Town documents , if made available, shall be provided upon payment of $5 . 00 per CD. Copies of recorded cassette tapes , if made available, shall be provided upon payment of $5 . 00 per tape . 2 i I Any documents , tapes , maps , papers , aerial photos , etc . which cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copying . (b) Copies of certain documents . Notwithstanding the foregoing, the Clerk shall provide copies of certain documents (Zoning Ordinance , Noise Regulations, Comprehensive Plan , etc .) and maps (larger than 11 inches by 17 inches) upon payment of the actual costs of copying . (c) Postage . If the requestor requests that copies of documents be mailed to the requestor there shall be added to the costs of copying the actual postage costs for documents heavier than one ounce (tip to one ounce free) . This provision for reimbursement of postage costs shall in no way obligate the Town to mail any documents . Such mailing shall be in the sole discretion of the Clerk. (d) Certification . The Town Clerk shall , upon request, certify that a copy of a document or record prepared pursuant to the provisions of the preceding subsections is a true copy. (e) Receipts . The Clerk or any other person at the Town receiving funds pursuant to any of the foregoing subsections shall give to the payor a receipt for the amount paid and maintain duplicate copies of such receipts for the Town records . 3 . OTHER MISCELLANEOUS FEES PAYABLE TO THE TOWN CLERK. The following additional fee is established in the Town of Ithaca: Checks returned $ 15 . 00 per check I I i 3 r 4 -`—BUILDING -AND TOUNDATION'-PERMIT`FE°ES: ---- - (a) Building permit fees shall be computed on the basis of the value of the improvement to be constructed as follows : Value of Improvement Fee $ 1 - $2 ,500. 99 . $25 .00 $29501 - $5 ,000.99 $35 .00 $5 ,001 - $ 105000.99 $45 . 00 $ 10,001 - $20,000.99 $60. 00 $20,001 - $30,000.99 $70.00 $30,001 - $50,000.99 $ 100 .00 $50,001 - $ 100,000.99 $200 .00 $ 1007001 - $ 150,000.99 $350.00 $ 150,001 - $2509000. 99 $550.00 $250,001 - $3509000. 99 $700.00 $3509001 - $5009000. 99 $ 850 .00 $5005001 - $750,000. 99 $ 1 ,000.00 $7501001 - $ 1 ,0009000. 99 $ 1 ,500.00 $ 1 ,000,001 - $2,500,000. 99 $2,000.00 $255009001 - $5 ,000,000. 99 $4 ,000.00 $5 ,0009001 - $ 105000,000. 99 $6 ,000.00 $ 10,0009001 - $20,0009000. 99 $8 ,000.00 Over $20,000,000. 99 $ . 50 for each $ 1 ,000 of improvement value, minimum fee $ 10,000 (b) The renewal fee for a building permit shall be the greater of $50.00 or 25 % of the original building permit fee . (c) The fee for the issuance of a foundation permit shall be the greater of $ 100.00 or 25 % of the building permit fee, calculated on the estimated full value of the entire building. The fee is not refundable and is not credited against the fee foi-I the building permit for the entire building. 5 . FEES FOR CERTIFICATES OF OCCUPANCY (a) The fee for the issuance of a temporary certificate of occupancy related to a building permit' (six months maximum) shall be the greater of $25 .00 or 50% of the building permit fee. (b) The fee for the issuance of a certificate of occupancy for an existing building shall be $ 100. 00. (c) There shall be no additional fee for the issuance of a final certificate of occupancy related to a building permit . 4 6 . FEES FOR OPERATING PERMITS AND CERTA-IN-INSPKCTIO-NS . (a) The fees for the issuance of an Operating Permit required pursuant to Local Law No. 1 of the year 1981 as the same has been subsequently amended shall be as follows : (i) Fees for uses other than $ 100.00 per 'building multiple residences (ii) Fees for multiple residences shall be as follows : (A) Three to five dwelling $50. 00 per building units in each building (B ) Six to ten dwelling $ 100.00 per building units per building (C) Eleven dwelling units ,6150.00 per building or more per building (b) The fees for other inspections by the Building Inspector and Zoning Enforcement Officer required by State law or other regulation, such as required annual inspections of areas of public assembly (fire safety) , shall be $50.00, plus $30.00 per hour after the first hour for the time the Inspector spent traveling to make the inspection, making the inspection, and preparing any related documentation and certifications relating to such inspection . The fee for a reinspection shall be $50.00, plus $30.00 per hour after the first hour. (c) If an inspection is being conducted by the Inspector for the issuance of an operating permit at the same time as an inspection is being conducted for fire safety purposes by the same Inspector to meet the requirements for inspections of areas of public assembly, the cost of the operating permit shall be credited against any fees that may be payable for such other inspection . 7 . SIGN PERMIT FEES . The application fee for a sign shall be $20. 00, and in addition thereto the sum of $2 .00 for each square foot of area of such sign. 8 . ZONING, SUBDIVISION, SEORA , BOARD OF APPEALS, AND DEVELOPMENT APPLICATION FEES . (a) Miscellaneous Provisions . (i) The Town Board, Planning Board, or Zoning Board of Appeals , as applicable, shall hold no public hearing nor take any action to endorse or 5 approve any application until all applicable fees have been paid to the Town . (ii) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or by the Deputy Town Clerk associated with the Engineering, Planning, and Building/Zoning Department. Such fees shall be collected by the Town Clerk or the Town Clerk ' s designee who shall issue a receipt stating the purpose of the payment . This receipt must be filed with the application as evidence of payment. (iii) All Application Fees paid to the Town in accordance with the fee schedule shall be non-refundable unless miscalculated. No funds paid to the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town, reduced in scale by the applicant, or otherwise partially or wholly abandoned. (b) Application Fees and Public Hearing Fees . (i) A nonrefundable fee shall be paid along with each application as set forth in the Schedule of Application Fees set forth below (the "Fee Schedule") to cover expenses related to the administration and processing of applications, including agenda or public hearing notice, clerical processing, processing of the application by planning, engineering and/or building and zoning personnel, the cost of professional services , including but not limited to engineering, planning, legal , and other expenses incurred by the Town in its review of the submitted application material for Preliminary and/or Final Subdivision or Site Plan Approval or other approvals , and inspection of on or off site improvements . (ii) Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee of $50.00 to defer the costs of publishing and mailing the notice and application to appropriate parties, and the cost of transcribing the proceedings relating to the application or appeal . Such $50.00 fee is included in the Fee Schedule set forth below as part of the application fee (e. g. an application fee of $200.00 includes the Public Hearing Fee of $50.00) . (iii) If the hearing continues for more than one meeting necessitating republication and/or re-noticing, an additional Public Hearing Fee shall be paid prior to each continued hearing. If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing, an Agenda Processing Fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing. In the discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case may be, or the person designated to collect application fees , 6 additional Public Hearing Fees or additional Agenda Processing Fees may be waived with -to any subsequent- meetings ,—particujarly-if the continuation was necessitated by actions of the Town officials and not by the applicant. (iv) In the case of Subdivision or Site Plan applications , the Planning Board, or the person designated to collect application fees , in its discretion , may waive the fee for a Final Plat or Plan in those circumstances where Final Plat or Plan Approval is given simultaneously with Preliminary Plat or Plan Approval . In these cases , only the Preliminary Plat or Plan fee would be charged. (v) As part of the application for Preliminary Site Plan Approval , a preliminary estimate of the cost of improvements shall be provided by the applicant ' s Licensed Professional Engineer or Registered Architect, along with the other items required for a Preliminary Site Plan application as set forth in the Town of Ithaca Zoning Ordinance . (vi) As part of the application for Final Site Plan Approval, a revised estimate of the cost of improvements shall be provided by the applicant ' s Licensed Professional Engineer or Registered Architect, along with the other items required for final Site Plan application as set forth in the Town of Ithaca Zoning Ordinance. (vii) In the case of site plan applications , the terms "cost of improvements" , "improvement cost" or "project cost" shall mean the costs of construction of all site improvements (whether on or off the specific site involved) including grading, roads , drainage improvements, sewers , water lines , buildings and any other improvement of any nature whatsoever to be constructed by the applicant. Such terms exclude land acquisition costs , architect fees , engineering fees and other similar non-construction costs . (viii) The estimates provided with the preliminary or final application shall be used to determine the required fee as set forth in the Fee Schedule. (ix) An estimate of the cost of improvements provided by the applicant and not by a Licensed Professional Engineer or Registered Architect may be accepted when in the judgment of the Town Engineer and/or the Town Planner, such estimate is reasonably accurate. The Town Engineer and/or the Town Planner may adjust such estimate and the estimate as so revised by the Town Engineer or Town Planner shall be used to determine the required fee. I (x) In the case of clustered subdivision applications, the fees set forth for subdivisions shall apply. 7 (xi) In the case of applications for rezoning; a basic fee as set forth in the Fee -Schedu e for im iial review of the general plan by-"—staff an-d�he Town Board shall be submitted with the initial application. When the . rezoning is referred to the Planning Board for recommendation, the fee for Preliminary Site Plan review shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board. If the Town Board approves an application for rezoning upon recommendation by the Planning Board, ando when specific development is proposed, the fee for Final Site Plan review shall be paid to cover the costs of further review by staff and the Planning Board. (xii) In the case of applications for Special Approval, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Zoning Board of Appeals shall be submitted - with the initial application. If the application is referred to the Planning Board for a recommendation, the required fee for Preliminary Site Plan review shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Zoning Board of Appeals . If the Zoning Board of Appeals approves an application for Special Approval upon recommendation by the Planning Board, and when specific development is proposed requiring further review , the fee for Final Site Plan review shall be paid to cover the costs of further review by staff and the Planning Board. If the application is not referred to the Planning Board, the basic fee shall be paid without any further fees for site plan review. (xiii) In the case of applications for Special Permit, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Planning Board shall be submitted with the initial application . If an application is submitted for Special Permit at the same time as an application for Site Plan Approval is submitted, the fees for Site Plan Approval will be paid without any fees required for Special Permit. (xiv) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown . Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees , the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. (c) SEQRA — Related Fees . (i) In addition to the fees required as stated in the Fee Schedule, the fees , for review or preparation of an Environmental Impact Statement 8 involving an application for approval or funding of an action requiring preparation or filing of arc raft environmental impact s�atemen shalj-be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than those established in 6 NYCRR 617 . 13 . The Town Supervisor, Building Inspector, Planner, or Engineer may require, prior to the commencement of the review or preparation of an environmental impact statement, a deposit to be made with the Town in an amount reasonably estimated to cover the fee set forth in this section . (ii) The above fees may be waived in whole or in part, or may be modified, by the Town Board for good cause shown . Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the fees , the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. 9 TOWN OF ITHACA - FEE-SCHEDUL Application Type Town Fee Schedule Subdivision Review : Initial Application ( Sketch ) : 1 - 10 new lots * $ 100 . 00 without new roads or public utilities All Others $ 100 . 00 plus $2 / lot Preliminary Plat : 1 - 10 new lots without new roads or public utilities) $ 100 . 00 plus $20 lot / All Others $ 100 . 00 plus $40 / lot Final at: (50% of Preliminary Plat fee) Plats / Re plats whose sole purpose is to dedicate land for public use - - - - - no charge Plat Reaffirmations $ 100 . 00 plus $5 / lot Site Plan Review : Initial Application ( Sketch ) : $ 100 . 00 Preliminary Site Plan : Estimated Project Cost $ 1 - $ 10 , 000 . 99 $200. 00 $ 10 , 001 - $25 , 000 . 99 $250 . 00 $25 , 001 - $50 , 000 . 99 $300 . 00 $509001 - $ 100 , 000 . 99 $350 . 00 $ 100 , 001 - $250 , 000. 99 $400 . 00 $2509001 - $500 , 000 . 99 $500 . 00 $500 , 001 - $ 1 , 000 , 000 . 99 $750 . 00 $ 10000 , 001 - $2 , 500 , 000 . 99 $ 1 , 000 . 00 $29500 , 001 - $51000 , 000 . 99 $ 1 , 500 . 00 $5 , 0005001 - $ 101000 , 000 . 99 $2 , 000 . 00 $ 10 , 000 , 001 - $202000 , 000 . 99 $2 , 500 . 00 Over $20 , 000 , 000 . 99 $37000 . 00 Projects With Interior Work Only $250 . 00 Final Site Plan : ( 50% of Preliminary Site Plan fee) Rezoning / Zoning Amendment: $ 175 . 00 plus pertinent site plan fees Special Approval / Special Permit $ 100 . 00 Area & Use Variances $ 100 . 00 Sign Appeal $ 100 . 00 Additional Meeting Fees : Agenda Processing $30 . 00 Public Hearing Processing $50 . 00 Note : * Number of lots is the number that would exist after subdivision 10 - 91 -FEE FOR FILL PERMITS: Fill Permits shall be issued only upon the payment by-the applicant for same of the following fee: a) There shall be a fee of $ 100.00 for a fill permit issued by the Town Engineer pursuant to Section 2602 of the Zoning; Ordinance . Additional fees , as specified in Section 8 of this law , may apply if Zoning Board of Appeals and/or Planning Board approval is necessary. 10. AMENDMENTS . The foregoing charges may be changed by local law . 11 . TRANSITION PROVISIONS . (a) Site Plan or Subdivision Review applications that are pending as of the effective date of this law shall be subject to the following provisions . The fees in effect when the application was filed shell apply to the pending stage of review (initial , preliminary, or final) . The fetes set forth in this law shall apply to any further stages of review . Any fee balance that exists after completion of the pending stage of review shall be applied towards the fee for the next stage of review . (b) Projects that have completed the review process but are still under construction as of the effective date of this law shall be billed for stormwater construction inspections for up to nine (9) months after the effective date of this law . The stormwater construction inspection fees shall be determined pursuant to the fee provisions that were in effect when the review process was completed . Section 3 . REPEAL OF LOCAL LAW 10 OF THE YEAR 1994 . Local Law No . 10 for the year 1994 is repealed . Section 4 . AMENDMENT OF FREEDOM OF INFORMATION RESOLUTION . Paragraph (G) entitled "Fees" of the Resolution of the Town Board dated February 12, 1990 amending prior resolutions on Freedom of Information and setting , forth fees to be charged for various documents and services and procedures related thereto is repealed, and the following paragraph inserted in its stead: "G . Fees . The Clerk shall charge such fees and provide such services as are set forth in the most recent local law , ordinance, or resolution adopted by the Town Board establishing such fees , including, without limitation, the local law regarding same adopted on or about May 10, 2004 , to be effective May 30, 2004, as the same may have been subsequently amended . " Section 5 . AMENDMENT OF BUILDING CODE ENFORCEMENT LAW. Local Law No . 1 of the year 1981 as amended various times , including the amendments made by Local Law No . 14 of the year 1987 , by Local Law Nos . 5 , 6 and 8 of the year 1990, and by Local Law No . 9 of the year 1991 , is further amended as follows : ll �I-. --Sec1i7o-n—5TA:2:(i) is amended to reads follows: "(i) The building permit fee as specified in any applicable Town of Ithaca local law , ordinance, rule or resolution ." 2 . The first sentence of Section 5 .A . 8 . (iii) is amended to read as follows: "(iii) a renewal fee is paid as specified in any applicable Town of Ithaca local law, ordinance, rule or resolution ." The rest of Section 5 .A. 8 . (iii) remains unamended. 3 . Section 5 .A.9 . 0 ) is amended to read as follows : "The fee for the issuance of a foundation permit shall be as specified in any . applicable Town of Ithaca local law, ordinance, rule or resolution. " 4. Section 5 . C . 2 . 0 ) is amended to read as follows : "The fee for the issuance of a temporary certificate of occupancy shall be as specified in any applicable Town . of Ithaca local law, ordinance, rule or regulation . " Section 6 . INVALIDITY. If any provision of this law is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law . Section 7 . EFFECTIVE DATE . This law shall take effect on May 30, 2004. 12 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable .) I 1 . (Final adoption by local legislative body only.) I hereby certify that the local law .annexed hereto , designated as local law No . . . . . . . . . _ _ _ _ 5 . . . . . . . . . . _ _ __ _ _ _ _ _ _ _ of 2004 of Te )(Town) ( }�f . . . . . . . . - - Itha.ca- - - - - - - - - - - - - - - - - - - - - - - was duly passed by the o n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - _ Ma.y _ _ 10 _ - - _ 20Q4 _ , in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) 1 hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 20- - - -- - of the ,C- unty)(City)(Town) (Village' of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20 - - - , and was (approved)(not approved) (repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on - - - - - - - - - - - - - - --- - 20- _ - - , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum .) 1 hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of of the ( County)(City )(Town)(Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20- - - . , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- - - - - - - - - - - - -- - - - - - 20- - - - . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum , and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on - - - - - - - - - - - - - - - - - - 20 - - - , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - _ . . . . . . . _ _ _ . . . . . . . _ - - - - - - _ _ _ of 20_ _ _ _ _ _ of the (County)(City )(Town)(Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - . - - - - - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - 20 - - - . Such local law was subject to (Elective Chief Executive Officer ') permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a co wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village , or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) 5. ( City local law concerning Charter revision proposed by petition ,) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ of of the City of - - - - - _ - - - - - - - - -_ - - - - - - - - avingbeen-submitted-to--referendum—pu—munt-to the provtsrons o section ( 36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 207 _ _ _ , became operative . 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No . . . . . . . . . . ... . . _ _ - - - - - - - _ _ _ _ _ . . . . . . . . of 20_ _ _ _ _ _ of the County of - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - _ - - - - - - _ - - - - - - - - - State of New York , having been submitted to the electors at the General Election of November . . . . . . . . . . . _ _ _ _ _ _ . . .. . . 20_ . _ _ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph _ _ _ _ _ _ _ _ _ _ _ _ _ above. (� l llt2 • l st-� � 1 IJ V ) Clerk of the County legislative body,,Giq., Town or Village Clerk or officer designated by local legislative body (Seal) Date : (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORE COUNTY OF I, the undersigned , hereby certify that the foregoing local law contains the correct text and that a. 11 proper proceedings have been had. or taken for the enactment of the local law annexed hereto . signature Title County Town V46ge• Date : ri y `-i ( 3) TS May , 10 ATTACHMENT # 0F1 ' , 2004 Town Board Meeting Ag @R& ' TO" OF ITHACA �1 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 IV WN CLERK 273- 1721' HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1.747 ZONING 273-1783 FAX (607) 273-1704 MEMO I"ND UM TO : Town Board DATE : April 27, 2004 FROM : Andrew S . Frost SUBJECT : Town Board Action . . Road Name Changes to Eastwood Commons Enclosed are two letters written to property owners at Eastwood Commons, along with two maps. The attached information is self explanatory. At the Town Board meeting you are being asked to drop the street name Sunnyhill Lane and a portion of the Harwick Road in order to create Strawberry Hill Circle. See maps titled "existing" and "new." This proposal has been before the property owners and their Association with little resistance or comment. Enclosures �y O F I T� � 99 TOWN OF ITHACA Ea 4 215 NORTH TIOGA STREET , ITHACA , . N . Y . 14850 � W X10 OWN CLERK 273-1721 . HIGHWAY 273-1656 PARKS 273-8035 . ENGINEERING 273-174:7 PLANNING 273-1747 ZONING-273-1783 FAX (607) 273-1704 April 27, 2004 «LastName» «Addressl » «City», «State» aPostalCode» RE : Address Changes Eastwood Commons This letter serves as formal notice that your property address within the Eastwood Commons is now in the process of becoming official . As you recall, a letter was sent from this office on March 4, 2004, notifying you of the impending change and .asking for feedback. The only change is the word UNIT will be added after the building number. For example, building 250 Strawberry Hill Circle will be 250 Unit 1 Strawberry Hill Circle, 250 Unit 2 Strawberry Hill Circle, etc. Please be advised that if your current unit is lettered A it will become Unit 1 , B = Unit 2, C- = Unit 3, and D = Unit 4. '1 don 't believe it would be a problem for those who prefer to use a different setting for an address to write "250 Strawberry Hill Circle, Unit 1 " as opposed to 250 Unit 1 Strawberry Hill Circle. Both ways should function fine. The Town. Board, during their May 10 meeting, will be officially changing the sections of road names as previously outlined. public ' is invited to attend this meeting with this action taking place at 6 : 30 pm . With this action by the Town Board in. May it has decided to change the effective date to July 1 , 2004. Finally, enclosed is a map titled `.`New Eastwood Commons Addresses." Once again, this process has previously occurred in other areas of the Town. The agencies and offices noted as "cc" at the end of this letter are being notified. You should not have to notify them . You should notify the State and Federal governments (as necessary), credit card companies, banks, magazine . subscriptions; etc. Please feel free to call me should problems arise. Sincerely yours, Andrew S . Frost Director of Building and Zoning Enclosure ASF/dlh cc : Cathy Valentino, Town Supervisor Dan Walker, Town Engineer Tim Gatch, Ithaca Post Office Russ Klinger, Tompkins County Assessment Dan Tier, Ithaca Fire Department Kristie Sopp, Tompkins County Board of Elections Judy Bower, Bolton Point Lee Shurtleff, Tompkins County Fire Coordinator Mary Boles, NYSEG Corp. Fred Noteboom, Highway Superintendent Debby Kelley, Bookkeeper to the Supervisor �yOFIT� H 99 TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1.721 : HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 March 4, 2004 LastName» «Address 1 » «City», «State» «PostalCode» RE : Address Changes and "911 " Emergency Response Attached to this letter is a map of the Town ' s proposed new addresses for the Eastwood Commons community. As most of you know, the Town and associated emergency personnel have been concerned with the existing address/numbering scheme within your property. Since the inception of the county ' s enhanced 911 system municipalities, including the Town, have been periodically changing street names and numbers in order to create a standard and uniform system that allows fire, ambulance, and police to locate a property when necessary. Within this system buildings located on the north or west side of a street are assigned even numbers (2, 4, 6, 8), tthe. eastern and southern. side receive odd numbers ( 1 , 3 , 5, 7). Additionally, street names have been coordinated so o street names are alike throughout the county. The name of a street also needs to stay the same from its beginning treet until it "dead ends. " None of the .Eastwood Commons has been consistent with the above noted system. Therefore, as you can see in the enclosed map the following is proposed. 1 ) Strawberry Hill Road and Sunnyhill Lane will become Strawberry Hill Circle (Sunnyhill Lane will be eliminated). Numbers will change. 2) A section of Harwick Road will become a part of Strawberry Hill Circle. 3) Wildflower Drive will remain but numbers will change. 4) Numbers will change following the enclosed maps (existing and proposed). As an example 2 will become 200 Wildflower Drive and 3 will become 210 Wildflower Drive, 5) Where letters have been used for specific units in the four unit buildings (2A, 2B, 2'C, 2D) numbers will be used (200- 17 200-27 200-31 200-4), 6) Where letters have been used for specific units in the three unit buildings (4B, 4C, 4D) numbers will be used . (300-1 , 300-2 ,300-3) 1 Page 2 Finally, we are asking that you review this matter and bring your concerns to your association president, Ms. Jane Hammond. Between your receipt of this memorandum and April 1 , 2004 any acceptable different proposal from your association could be considered, as long as the numbering scheme follows the even/odd numbers, along with continuous street names, as explained above. After April 1 , 2004 it will be the intent of this office to send you a second memorandum that will finalize the new addresses effective June . 1 , 2004 . At that time the Ithaca Fire Department, Tompkins County Fire Emergency Coordinator, Board of Elections, Bolton Point (water and sewer), NYSEG, and the US Post Office. will officially be notified of the new .address. You should not have to contact them. Personal businesses, such as State and Federal government agencies, credit cards, banks, and magazine subscriptions will be your responsibility. If you deem necessary, please feel free to call me with questions, but try to direct your concerns as an association, through Ms. Hammond. Sincerely yours, Andrew 'S . Frost Director of Building, and Zoning losure /dlh Cathy Valentino, Town Supervisor Dan Walker, Town Engineer Tim Gatch, Ithaca Post Office Russ Klinger, Tompkins County Assessment Dave Burbank, Ithaca Fire .Department Kristie Sopp, Tompkins County Board of Elections Judy Bower, Bolton Point Lee Shurtleff, Tompkins County Fire Coordinator Mary Boles, NYSEG Corp . Fred Noteboom, Highway Superintendent Debby Kelley, Bookkeeper to the Supervisor e current address is << CurrentAddress» . The proposed address is <<ProposedAddress». IES o C7 li 0 0 OF b o z1 v 1360 Q ' 11 1 1 2 128 13 0 O 0 �o El CE] 0 o O qo � o d _ 9 existin g addresses to be changed 331 311 1 . % _W `� `' � 1�j`,��� �`�-� 250,E � ' ��241, WWI 230;-' 240 \ 231 -2 \ 2200 230 > ) � :Q v210-� X201 r 521 / o ` • `\ 100 ! 121 O _ _ --- - olo � , ' - - --- - - - - __ - - - Y - -- - - - -- - - - CPO / � o ew Eastwood Addresses May 10 , 2004 Town Board Meeting . ATTACHMENT # 6 old 1 � . NEWS RELEASE April 28, 2004 For Immediate Release For questions about article , contact : Michael Smith, Environmental Planner, 273 - 1747 Town of Ithaca Stormwater Annual Report Now Available In accordance with NYSDEC Phase I1 SPDES (State Pollutant Discharge Elimination System) permit requirements for small municipal separate storm sewers (MS4 ' s), the Town of Ithaca is required to develop , implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from . the storm sewer system to the maximum extent practicable . An annual report has been prepared which details the status of the Town' s stormwater management program from the 2003 reporting period . The draft document is now available for public review with comments being accepted until May 17, 2004. The public will have the opportunity to ask questions and provide comments at the Town Board meeting on May 10, 2004 at 6 : 45 p .m. , where the report will be reviewed. Copies of the annual report are available in the Town Clerks Office, 215 N. Tioga Street, or on the Town ' s website at www . town. ithaca .ny, us . For more information, please contact Daniel Walker at 273 - 1747 or Fred Noteboom at 273 - 1656 . J BWCP - 8 (8/2003) Version 1 .0 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPDES General Permit for Stormwater. Discharges from Small Municipal Separate Storm Sewers (MS4s), Permit No. GP- 02-02 Municipal Compliance Certification Section A. Small MS4 Owner/Operator Information Annual Report for the year' ending : March 9, _2004 SPDES No. MS4 Name NYR20A134 Town of Ithaca Contact Name: Daniel Walker and Contact Title°. Director of Engineering and Phone No. : (607 > 273 - 1747 or Fred Noteboom Town Highway -Superintendent (607) 273 - 1656. Street or P.O. Box: City: Mailing 215 N. Tioga Street Ithaca Address: County: State: Zip Code: Tompkins County New York 14850 Is any of this information new or changed since your last certification? (Please circle one answer) Yes No Section B. Watershed and MS4 Partnership Information (Please circle one answer for each question) 1 . a) Have you received notification from the Department that you are subject to the special conditions in Part III .B . of the 'permit ? Yes No b) If you answered yes to 1 a), have all necessary changes been made to the Stormwater Management Program (SWMP) to ensure compliance with Part III .B. of the permit? Yes No N/A Have any new MS4 partnerships developed, where another municipality will be responsible for carrying out a portion of your municipality ' s SWMP? If yes, please specify the municipality and the activity. Yes Nom' b) Municipality: c) Activity : d) Has a legally binding intermunicipal agreement been executed? If yes, please include a copy of the a reement as an appendix to the Stormwater Management Program Annual Report (SWMPAR) . Yes No N/A Section C. Evaluation of Compliance 1 . For each of the six minimum measures listed below, indicate if your program has made steady progress toward . full implementation and has achieved all measurable goals scheduled to be completed this reporting period . ( Please circle one answer f'or each question) Steady. Progress Goals Achieved a) Public education. Yeses No Yes No b) Public participation/involvement es No te No c) Illicit discharge detection and elimination es`� No No d) Construction site Stormwater runoff control Ye ` No No e) Post-construction stormwater management No No ollution prevention/good housekeeping for municipal operation es i No Yes, No oes your SWMP cover all areas, automatically and additionally designated, pursuant to 40 CFR 122 . 32(a der your diction? k. Yes No 3 . Have adequate resources been allocated to fully implement your SWMP no later than January 8, 2008 ? Yes No BWCP - 8 (8/2003) Version 1 .0 NEW YORK STATE. DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPDES General Permit for Stormwater Discharges from SSmall Municipal Separate Storm Sewers (MS41s), Permit No. GP- 02-02 Municipal Compliance Certification, Page 2 SPDES No. : MS4 Name: NYR20A134 Town of Ithaca Section D. Explanation of Compliance Evaluation . If you answered No to question I b in Section B or to any question in Section C, indicate the question in the small box in the upper left hand. corner, and provide a brief explanation, including action being taken to address the problem, in the space provided. With respect to any of the six minimum measures, your attached Stormwater Management Program Annual Report (SWMPAR) must include a detailed explanation of why implementation or, compliance is riot being achieved and what actions have been taken to ensure compliance with each minimum measure. Indicate where this ;explanation can be found in the SWMPAR. If necessary, attach extra sheets following the same format. iQuestion # Explanation Question # Explanation Question # Explanation Section E. Certification I 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 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N 0 4- O ® GU ' fp O bA H `o r . � M bo b P�4 z vzi GD � ka U a 0=4 �— H a May 10s , 2004 Town Board Meeting ATTACHMENT # 7 TOMPKINS COUNTY SHERIFF ' S OFFICE . MEMORANDUM To : Law Enforcement Division - Patrol Date: March 24, 2003 From: Captain Joseph B. Vitale RE: Town of Ithaca Additional Patrols The Tompkins County Sheriffs Office and the Town of Ithaca are reaching an agreement for additional traffic patrols on selected roads. The proposed program will include contracts with the Town of Ithaca and Aggressive Driving Funds made available by the Governor's Traffic Safety Council. The program is designed to target high use roadways and intersections to reduce speed and decrease accidents. The Town of Ithaca in conjunction with the Town Highway Department has done speed surveys and has found an overwhelming amount of motorists exceeding the set speed limits consistently. These violations occur during morning and afternoon commuting times. Therefore we have been asked to setup a traffic program to target specific times and roads in an attempt to change drivers habits. Initially we will patrol 20 hrs per week on designated roadways for a period of time, then through the use of the Town of Ithaca Highway Department' s speed measuring equipment an assessment will be made of our progress. Based on these results we can modify our program for the maximum effectiveness. START DATE IS MONDAY APRIL 14th2 2003 Sergeants will assign one patrol from 7 : 00 A.M. to 9 :00 A.M. on the following days and roads: 1G✓i ci Monday Tuesday Wednesday Thursday Friday Ellis Hollow Pine Tree Snyder Hill East King Coddington Sergeants will assign one patrol from 3 :00 P .M. until 5 :00 P.M. on the following days and roads: Monday Tuesday Wednesday Thursday Friday Hanshaw Warren Forest Home Ellis Hollow Pine Tree .Aggressive Driving Details will be assigned periodically on the following state highways: 79113A4 13 , 13/34/969 899 96 and 96B Sergeant Brad Covert will make assignments to this detail and will document the time spent at each location and the citations issued . Sergeant Covert will analyze the data . from the first week and decide the schedule for the second week of this program After the second week we will meet with Susan Ritter and share our data and discuss successive selective enforcement strategies. The New York State Police will be participating in the program along with other units of the Tompkins County Sheriff' s Office with aggressive driving funds, which will target mainly state highways. I , aDA � AGREEMENT AGREEMENT , made by and between the COUNTY OF TOMPKINS , a municipal corporation of the State of New York, having offices at 125 East Court Street , Ithaca , New York, 14850 , hereinafter referred to as the . "COUNTY" , and THE SHERIFF OF TOMPKINS COUNTY with an office at 779 Warren Road , Ithaca ; New York , 14850 , hereinafter referred to as the "SHERIFF" , and the TOWN OF ITHACA a municipal corporation of the .State of New York , with an . office at 215 North Tioga Street , Ithaca , New York, 148 50 , hereinafter referred to as the "TOWN " . WITNESSETH : WHEREAS , the TOWN has requested that the SHERIFF provide additional traffic patrols in the TOWN OF ITHACA; and WHEREAS , the COUNTY has authorized the SHERIFF to provide additional traffic patrol as is stipulated in this contract to the TOWN ; and WHEREAS , the TOWN is willing to pay the costs of such additional traffic patrol as herein provided .. NOW, THEREFORE ; in consideration of the promises , covenants , and agreements contained herein , the parties agree as follows : 1 . The term of this agreement shall be from A rp it 1st ; 2003 through December 1 st, . 2003 , provided however that this agreement shall terminate at on earlier date upon expenditure of the full $ 9000 maximum amount payable as provided by paragraph three below . 2 . The SHERIFF agrees to provide additional traffic control as more specifically outlined , as an example , on the memo dated March 24 , 20031 attached hereto , incorporated herein and made a part hereof. 31 The TOWN will pay the SHERIFF the sum of 5 er Deputy an hour for said patrol up. to a maximum amount of $ 9 ,000 during the term of this agreement . Said amount will be billed mo FTiy'and shall be payable by the TOWN within thirty (30 ) days of the billed Invoice . Payment shall be submitted to the Tompkins County Sheriff, ATTN : Sheriff, 779 Warren Road , Ithaca , New York , 14850 : 4 . (a ) The TOWN shall indemnify , . hold harmless and defend the COUNTY , and the SHERIFF and. their respective officers , employees , agents and elected officials from and against any and all claims , damages , losses , liabilities , causes of action , costs and expenses ( including reasonable attorneys' fees ) to the extent arising from or relating to any omission of duty , _ negligence y The parties ' consent to the Agreement is indicated by the signatures below. Date : County of Tompkins Date . P er Me I ompkins County Sheriff Town of Ithaca Date : . 5 zb 2 C n ino , Stpervrsm D <,( Vfy I A DA 16 ti AGREEMENT AGREEMENT, made by and between the COUNTY OF TOMPKINS , a municipal corporation of the State of New York, having offices at 125 East Court Street, Ithaca, New York 14850, hereinafter referred to as the "COUNTY"; and the SHERIFF OF TOMPKINS COUNTY with an office at 779 Warren Road, Ithaca, New York 14850, hereinafter referred to as the "SHERIFF", and the TOWN OF ITHACA a municipal corporation of the State of New York, with an office at 215 North Tioga Street, Ithaca, New York, 14850, hereinafter referred to as the "TOWN" WITNESSETH WHEREAS , the TOWN has requested that the SHERIFF provide additional traffic patrols in the TOWN OF ITHACA ; and WHEREAS , the COUNTY has authorized the SHERIFF to provide additional traffic patrol as is stipulated in this contract to the TOWN ; and WHEREAS, the TOWN is willing to pay the costs of such additional traffic patrol as herein provided. NOW, THEREFORE, in consideration of the promises , covenants , and agreements contained herein , the parties agree as follows : 1 . The term of this agreement shall be from April 1 , 2004 through December 31 , 2004, provided however that this agreement shall terminate on an earlier date upon expenditure of the full $ 10 ,000 maximum amount payable as provided by paragraph three below . 2. The SHERIFF agrees to provide additional traffic control in targeted areas , including traffic patrols , speed limit enforcement, and other enforcement operations . These targeted areas will be identified by the Town of Ithaca Transportation Committee and communicated to a liaison of the Sheriff' s Office by a liaison of the Town of Ithaca. This program will be overseen by the Town of Ithaca Transportation Committee on behalf of the Town Board. 3 . The TOWN will to pay the SHERIFF the sum of $55.00 per deputy an hour for said patrol up to a maximum amount of $ 10,000 during the term of this agreement. Said amount will be billed monthly and shall be payable by the TOWN within thirty (30) days of the billed invoice. Payment shall be submitted to the Tompkins County Sheriff, Attention : Sheriff, 779 Warren Road ; Ithaca, NY : 14850 , 41 (a) The TOWN shall indemnify, hold harmless ,ind defend the COUNTY , and the SHERIFF, and their respective officers , employees , agents and elected officials from and against any and all claims , damages ; losses , liabilities , causes of action , costs and expenses (including reasonable attorney ' s fees) to the extent arising from or relating to any omission of duty, negligence or wrongful act of the TOWN, its employees , subcontractors or agents . (b) The COUNTY shall indemnify, hold harmless and defend the TOWN , the SHERIFF, and their respective employees , agents , and elected officials from and against any and all claims , damages , losses , liabilities , causes of action , costs and expenses (including reasonable attorney ' s fees) to the extent arising from or relating to any omission of duty, negligence or wrongful act of the COUNTY, the SHERIFF, either of their Deputies , employees , subcontractors or agents . (c) The provisions of this section 4 shall survive the termination of this agreement. 5 . The relationship of the parties is that of independent contractors . No party nor any parties , employees and agents shall hold itself or themselves out as , nor claim to be, officers or employees of the other party (except for the SHERIFF and his deputies being officers and/or employees of the COUNTY) and shall make no claim nor demand for, nor be entitled to , any right or privilege as an officer or employee, including, but not limited to worker' s compensation coverage, medical and unemployment benefits , social security or retirement membership benefits from the other party. 61 Each party shall timely obtain , at its own expense, all licenses or permits for the work to be performed under this contract, if any are necessary . 7 . No party shall assign , transfer, convey, subcontract or otherwise dispose of this contract or their respective responsibilities to perform under this contract or their right, title, interest in and/or to the same, nor any part thereof, without prior written consent of all of the other parties . 80 The compensation provided to the SHERIFF under this Agreement represents the total compensation that is due in connection with this matter. No other claims for benefits , salaries, fees or other remuneration of any sort (other then the indemnity set forth above) shall be due and owing to the SHERIFF or the COUNTY for the services set forth in this Agreement. 90 This . Agreement represents the entire understanding between the parties and supercedes all prior negotiations , representations or agreements either written or oral . This Agreement maybe amended only by written agreement signed by all parties . 10 . The provisions of this Agreement shall be construed under the laws of the State of New York. The parties ' consent to the Agreement is indicated by the signatures below . Date: Tompkins County Date: Peter Meskill, Tompkins County Sheriff Date: Town of Ithaca May 10 , 2004 Town Board Meeting ATTACHMENT-1 �VI � ATTACHMENT # 8 Agreement Between The Town of Ithaca And The Village of Cayuga Heights For Sewage Disposal DRAFT AGREEMENT May 4, 2004 This agreement is made the day of 2004 , between the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850 , hereafter known as the "TOWN", and "The VILLAGE OF CAYUGA HEIGHTS , a municipal corporation with offices at 836 Hanshaw Road, Ithaca, New York 14850 , hereafter known as the "VILLAGE" . WITNESSTH WHEREAS , the VILLAGE OF CAYUGA HEIGHTS WASTE WATER TREATMENT PLANT (VCHWWTP), owned by the Village of Cayuga Heights , a municipal corporation, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns. of Ithaca, Dryden , Lansing and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their individual sewer use ordinances , and WHEREAS , the ITHACA AREA WASTE WATER TREATMENT PLANT (IAWWTP) , owned by the Municipal Corporations of the City of Ithaca, the Town of Ithaca, and the Town of Dryden, treats municipal wastewater from the City and Town of Ithaca, as well as portions of the Town of Dryden under the terms of their individual sewer use ordinances , and WHEREAS , the TOWN desires to use existing treatment capacity it owns at the IAWWTP and diverting existing wastewater flows from the VCHWWTP to the IAWWTP can free up capacity in the VCHWWTP to receive wastewater flows from areas north of-that plant. Now, .Therefore, in consideration of the promises, and the mutual covenants , and agreements herein contained the parties agree as follows : Sewage Flows will be diverted from the VILLAGE by the construction of the Kline Road Bypass near the intersection of Kline Road and Cayuga Heights Road in the VILLAGE . The diverted sewage flows will be considered TOWN flows and will be conveyed to the ITAWWTP through existing sanitary sewers and interceptor sewers in the TOWN and the City of Ithaca utilizing capacity that the TOWN owns . The VILLAGE shall maintain sewer lines in the VILLAGE and the TOWN will maintain capacity in the sewer lines that transport the sewage outside of the VILLAGE The diverted flows will comply with the requirements of the sewer use ordinances of the TOWN through which they flow and the Industrial Pretreatment Regulations adopted for DRAFT FOR TOWN BOARD REVIEW May 4 , 2004 charged for (Approximately) 1200 sewer units and the Kline Road Bypass will divert approximately 350 units , resulting in a net charge to the TOWN of 850 units . The portion of the VILLAGE service area to be diverted is shown as Figure 1 in the attachment . The attachment also contains a listing of TOWN units and diverted VILLAGE units . This agreement can be modified upon agreement of both parties . It will become effective 10 days after a fully signed copy of the amendment has been distributed as required in the Notification Section , or as otherwise agreed to in the amendment itself. This contract constitutes the entire agreement between the parties and may only be amended in writing with the consent of both parties . Length of Contract 20 year period - Renewal clauses General Items Insurance Requirements Hold Harmless Agreements Worker ' s Compensation Proof Anti-Discrimination Clause - Governing Law Assignment of Agreement - Signature & Approval Blocks Attachments I Basis of Agreement and Service Areas II Industrial Pretreatment Regulations Page - 3 C:\PROJECTS\ISC\FINALDOCS\Town of Ithaca Village of Cayuga Heights Draft Agreement for sewer service.doc DRAFT FOR TOWN BOARD REVIEW May 4, 2004 May 10 , 2004 Town Board Meeting ATTACHMENT # 9 Intermunicipal Agreement MUTUAL SHARING PLAN UNDER ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW BETWEEN: the Town of Caroline and the Town of Ithaca . WHEREAS, the undersigned are municipalities in the County of Tompkins in the State of New York; . and execute this agreement after approval by resolution of each respective governing boards;. and WHEREAS, each municipality has a highway / street department capable of assisting the other; and WHEREAS, this is a Mutual Sharing Plan pursuant. to Article 5-G of the General Municipal . Law and is further an intermunicipal agreement as sanctioned .by said Article; now therefore be it, in consideration of the mutual promises herein contained, it is agreed as follows: 10 The highway department of each undersigned municipality including it's equipment and personnel may be directed by its Superintendent to assist the other undersigned municipality on request from that other municipality . The Highway Superintendent involved may keep a record of the time spent by personnel and equipment assisting the other municipal department, and the receiving municipality shall in turn assist the municipality initially helping, it an equal amount. Each department shall assist the other department to an equal extent so that no money needs to pass to pay for the services or equipment. Services and equipment use will be compensated for on an in-kind basis only unless the signed and dated schedule of agreed costs is appended to this agreement. 20 Either party may terminate this agreement with written notice. If a Termination Notice is sent, the municipality, which owes the other, shall endeavor to make up what services it owes within . one year . 3 . The municipality requesting assistance of the other municipality pursuant to this Mutual Sharing Plan shall not be liable and responsible to the assisting municipality for any loss or damage to equipment employed in provision of such requested help . 41 Each municipality shall be liable for salaries and other compensation due to their employees for the time the employees are undertaking the service pursuant to the Mutual Sharing Plan. 50 The requesting municipality shall have the sole responsibility for any and all prerequisites for any project which is the subject of work pursuant to this agreement, including but not limited to all statutory or regulatory requirements pertaining to environmental matters, or utility prior notice-to-dig requirements . The undersigned agrees to save, hold harmless, and indemnity the other from all claims arising in consequence of its negligence in the performance of services or loan of equipment pursuant to the Intermunicipal Agreement between the parties. Intermunicipal Agreement—Mutual Sharing Plan Page 2 T This agreement was adopted, as written, by the undersigned on this day of 2004 . Town of Caroline Town of Ithaca �'...•. - # nor Cup,SE �'ov.l�1 qF 1ru �uk 'CC.t./1PoQ�a�Y . . D ToW1;l oti EAhEN\E11T FOOL Tua11 - !a RoVUP o 1Tla0.CA CQ :aj L . . (. ca0 P • 1020 °! L . GGO:/ P 1.025 5 .0 PAJ i � � i I IP � �bC • 3 \ ' 32 E • s _ — • V�1 53 �8 _ . J . S/ 771 . . 7 N U� Oro Ul OPPOOD P,//j L .N r � UE�1.1 \'0� 1 of F�.otZ-Eh °• � ��j � � � 0 � ' v5 e r o 1 O 0 � t�EM�\ 1� 1►�G \-�'� ' 7 raze L . 120 ?. 50 j sip i o 0 '(GT O o N � r,0 . 00 • d o D a 9' • '� �a1 SAGC FLORCh YQow4 N OQ • � • 0' d ` o • too 0 ,00 op 31 a a n Y O . p EVE LE)T 2 ::2 o ,� CA AREA OF PROPOSEQ PARCEL To . ICE N COMUE:YEP To "DJLVID IAAV.RtS .3 1 1 . 319 n c¢ES ± o l D O 00 4' a 40 . cp Moro It lbo E fir- �• . '� 2� � � _,-- 01,\U mexInr 5alet/EY MAPS = „ C �ysE FA,P u/ SuBpw/S is ✓ ti Pf/i9SF o.�E . . . . " I - MADE 8Y Xeode E C'- Scf/tECN>j P•.E .� � . S. . bATE27 Oi/oy/ 85+ FicEO / Y C. 1. 0. /A/ i D�P4WER Nl �.tye't7S 87 r8B - MADE $ Sr >ff/S OFFICE , • F [7i9TE1J . os/o� //99� � SURVEY{ MAF' ti s14OrW.' 1U A P0zT1o1.1 OF- L4 " vc) of 'fESSA� SAGE, PLoRES LOT 99 orOWW of MAACAc ToMPklu � CouuT�( , �1FV.! `( ozvI c P / o . TALC. MAF Flo : y5 - I - 2 . z Pao . REFEQ E4 CE Dr. Eb SO EAGAN, LAND :SUiiVEY1NG NOTE ANY REYISIONB T[1 THIS 11AP;1MU8T CgMPIY WITH SE(iTtoN 7ZQ@QmsoN x OF i11E NENf Yowc STATE IOX 1124•DRYDEN, NEW YORK 19053 EDUCAT" -LA ALL CERT FICAT7DNg y KV,AND �E8 OdIY IE:9A10IINR . . (607) 644 8837syon oR coP1ES e�w K waos= aEµ oFTNE 4EG_E�:1D - -- THIS MAP NOT WWD WNEN IISEO qi tpNCT1 "CERl1F�CIyTE OF N4GIIAN(i .' � 0 Ocl 0 , � ,,, ! EX15T11JU . IRoI ! pt sc�u : x�a No. !� 3 i �,p.��P� LA_Np '�' Q . 5ET IRON 1 : '2rtifjlt0 : . TES r9 SAGE FLOPS ; bfiri/d .�Af' \ R 1J a .a� L L�- a licensed land surve or, �' y New York State License No o �q'b.gz ' aryd thatthjs ; r 1ir•r g , 1 ctly delmeaiea an actuak survey „on the ground made by me •or uncle► my fired ` ;L. May '10 , 2004 Town Board Meeting ATTACHMENT # 11 NO OAT Andrew Dixon r 4 ' 310 W. State Street 4 ' MAR 3 0 2004 i Ithaca , NY 14850 k ATTEST 1THACA TO: 01 ^LEczK March 30 , 2004 Ms . Tee-Ann Hunter Town Clerk Town of Ithaca 215 N . Tioga Street Ithaca , NY 14850 Dear Tee-Ann : It has truly been a pleasure serving as a member of the Zoning Board of Appeals . I must regretfully resign my post, as I am no longer a resident of the Town of Ithaca , and am therefore ineligible to serve . Co r, / j ndrew Dixon May 10 , 2004 Town Board Meeting ATTACHMENT # 12 Richard Matthews 380 East King Road Ithaca, New York 14850 (607) 272-6019 SnDMatthews@ AOL. Corn WORK HISTORY 1968- 1999 Borg Warner Automotive (Ret.) Warren Road Ithaca, New York Positions Held: Human Resource Manager Employment Manager Safety and Employee Involvement Manager Production Supervisor Factory Machinist Skills Development Areas : Extensive Labor Contract Negotiations/Administration Effective and Positive Interpersonal Skills Informed and Incisive Decision Making Strong Time and Employee Management Skills Excellent Research and Communications Skills RELEVANT COMMUNITY INVOLVEMENT Racker Centers : Past Board Member Salvation Army Board : Past Member/ President Tompkins County Board on Alcoholism: Past Member/President Ithaca Management Club: Past Member/President Tompkins County Election Inspector: Active Speedsville Commons: Park Commissioner,Volunteer: Active EDUCATION 1988 Empire State College Master of Arts: Labor Relations and Public Policy Nominee : Who ' s Who in American Universities 1964 Cornell University, College of Agriculture Bachelor of Science, Biology 380 East King Road Ithaca, New York 14850 April 2, 2004 Town of Ithaca Zoning Board of Appeals Attn; Ms. Judy Drake Human Resource Manager 215 North Tioga St. Ithaca, New York 14850 Dear Ms. Drake, Attached is my outline of qualifications for the position on the Zoning Board of Appeals that has recently become available. I have been a resident of the Town of Ithaca since 1961 and a homeowner since 1976. As the attached outline indicates, my skills, background, and interests may reflect the experiences that you seek in a member of this Important community board. I look forward to an additional, more in-depth inquiry from you. Sincerely, Richard Matth s May 10 , 2004 Town Board Meeting � Ctca0 A iT � ►`'� Z .S : ATTACHMENT # 13 -- ' EXECUTIVE SUMMARY This Tompkins County Multi-Jurisdictional All Hazard Mitigation Plan was Hazard Mitigation is any prepared in response to The Disaster Mitigation Act of 2000 (DMA 2000), sustained action taken to DMA 2000 (also known as Public Law 106-390) improves the disaster reduce or eliminate the long- planning process by increasing hazard mitigation planning requirements for term risk and effects that can hazard events before they occur. DMA 2000 requires states and local result from specific hazards, governments to prepare hazard mitigation plans to document their hazard mitigation planning process and identify hazards, potential losses, and FEMA defines a mitigation needs, goals, and strategies. The type of planning supplements Hazard Mitigation Plan as already strong disaster response, recovery, and- relief capabilities. the documentation of a state or local government's Tompkins County Multi-Jurisdictional Planning Process evaluation of natural hazards and the strategy to mitigate such hazards. The requirements of DMA 2000 outline that each state must submit a comprehensive all hazard mitigation plan to the Federal Emergency Management Agency (FEMA) by November 2004 to be eligible for disaster relief grant funding in the future. To comply, Tompkins County and seven towns located in the county (Caroline, Danby, Enfield, Groton, Ithaca, Lansing, and Ulysses) have developed this Multi-Jurisdictional All Hazard Mitigation Plan (also to be referred to as the mitigation plan). The City of Ithaca and Towns of Dryden and Newfield have elected to complete individual mitigation plans and therefore are not included in the assessments of this document. Once all the plans for all the jurisdictions in Tompkins County are completed and approved, the jurisdictions will begin to work collaboratively to address data gaps and implement complementary mitigation actions. To support the planning process to develop this all hazard mitigation plan, Tompkins County and the seven jurisdictions therein have accomplished the following: • Developed a planning group • Identified hazards of concern • Profiled these hazards • Estimated inventory at risk and potential losses associated with these hazards Developed mitigation strategies and goals that address the various hazards that impact the area • Developed mitigation plan maintenance procedures to be executed after obtaining conditional approval of the plan from SEMO and FEMA. As required by DMA 2000, the participating jurisdictions and Tompkins County have informed the public and provided opportunities for public comment and input on the planning process. In addition, several agencies and stakeholders have participated as core or support members to provide input and expertise to the planning process. This All Hazard Mitigation Plan documents the process and outcomes of the jurisdictions ' mitigation planning efforts. Tompkins County and the seven participating jurisdictions intend to incorporate mitigation planning as an integral component of daily government operations through existing processes and programs. A notice regarding the existence and location of copies of the mitigation plan will be publicized annually after the planning group ' s evaluation in the Ithaca Journal and the plan will be posted on the Tompkins County . web site and made available for review at local libraries. Each jurisdiction will be responsible for receiving, tracking, and filing public comments regarding this plan. Multi-Jurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins County, New York viii Tompkins County Mitigation Plan Adoption ' To obtain plan approval, specific prerequisites for plan approval have been met by the participating partners and Tompkins County. This multi jurisdictional mitigation plan will be reviewed and adopted by both Tompkins County and each participating jurisdiction. The signatures of the appropriate representatives will be found on page i of this plan document adoption of the plan. Copies of the resolutions regarding adoption of the plan will be included as Appendix A. Tompkins County Risk Assessment to Support Mitigation Plan A key component of a mitigation plan is the accurate idenfication of risks posed by a hazard and the corresponding impacts to the community. The process of identifying the hazards, profiling the hazard event, and conducting a vulnerability assessment is known as a risk assessment. The risk assessment portion of the mitigation planning process included the steps shown in Figure ES4 . Each of these steps is summarized below. Figure ES-1 . Risk Assessment Process Step 1 : Hazard Identification The area considered as the study area for this risk asessment STEP 1 : IDENTIFY HAZARDS includes the Towns of Caroline, Danby, Enfield, Groton, Ithica, Lansing, and Ulysses (Tompkins County Multi-Jurisdictional Study Area). The risk assessment process was initiated by STEP 2: PROFILE HAZARD EVENTS implementation of the Hazards New York (HAZNY) analysis, a qualitative initial ranking system developed by the American Red Cross and the New York State Emergency Management Office (SEMO). HAZNY is an automated interactive spreadsheet VULNERABILITY ASSESSMENT designed to evaluate hazards on a statewide scope and basis. The program interface asks specific questions about potential hazards STEP 3 : INVENTORY ASSETS in a community and records and evaluates the responses to these STEP 4: ESTIMATE LOSSES questions. HAZNY also includes historical and expert data on STEP 5: EVALUATE DEVELOPMENT TRENDS selected hazards. HAZNY is designed specifically for groups, STEP 6: PRESENT MULTI- rather than individual use. JURISDICATIONAL RISK ASSESSMENT The initial HAZNY screening process includes consideration of 25 hazards. Tompkins County recognized other hazards of concern beyond those of HAZNY and considered the following " initial pool of hazards, many of which are default in the HAZNY • ' UTS program: blight, civil unrest, dam failure, drought, earthquake, • ' • ' ON I epidemic, explosion, extreme temperatures, fire, flood, food shortage, hazardous material (fixed site), HazMat (in transit), hurricane. . ice jam, ice storm, landslide, mine collapse, severe storm, structural collapse, tornado, utility failure, water supply contamination, and winter storm (severe). All geographically relevant hazards were considered, and a list of 13 hazards was selected from the initial pool of hazards with scores suggestive of hazards that are at least moderately low, based on the HAZNY scoring system (i.e., the hazard scored at least 161 points out of a possible 400 using the model). The order of the hazards was re-configured by the planning group based on the professional judgment and evaluation of the planning group, including the frequency, magnitude, geographic extent, possible direct and . cascading effects, impacts to critical facilities and vulnerable populations, and historic costs associated with each hazard. Two hazards, landslide and drought, were identified as potential hazards but were not considered further due to the historically low frequency. of landslide events and low financial MulWurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins. County, New York ix losses associated with droughts, respectively, in Tompkins County and the seven jurisdictions therein. The following list of 1 I hazards of concern, in order of significance to the community, was selected for evaluation in the mitigation plan: 1 ) Flood; . 2) Severe Winter Storm (Including Ice Storm); 3) Utility Failure; 4) Severe Storm (Including Hurricane); 5) Epidemic (Agricultural);. 6) Major Transportation Accident (Including HazMat Release In Transit); 7) Terrorism; 8) Water Supply Contamination; 9) Fire (Urban and Wild); 10) Epidemic (Human); and 11 ) Civil Unrest Step 2 : Hazard Event Profiles Some hazards initially considered have been consolidated with, or separated from, other hazards to avoid redundancy and to facilitate conceptualization of the hazards. Also, though hazards may be grouped by their root causes, including natural (e.g., flood, severe winter storm, agricultural epidemic), technological (e.g., utility failure), and human-caused (e.g., terrorism), the profiles are presented herein, in order of the hazards of concern as listed above. Of the 11 selected hazards, only one, flood, is considered moderately high. The remaining 10 hazards are as moderately low to moderate. For each hazard listed above, a hazard event profile presents following information: 1 ) Background and local conditions 2) Historic frequency and probability of occurrence 3) Severity 4) Historic losses and impacts 5) Designated hazard areas Other factors considered include the potential impact, onset, frequency, hazard duration, cascading effects and recovery time for each hazard. For this mitigation plan, considerable research was conducted in the . assemblage of profiles for the I 1 hazards of interest. Where applicable, the source(s) of information and data and maps showing vulnerable areas, relevant community components, and GIS coverage are provided, as well. Table ES= 1 summarizes the hazards identified for the Tompkins County Multi- Jurisdictional Study Area and those that impact particular jurisdictions. Input from each town, the public, and local agencies and hazard experts were used to complete the town-specific columns of the table. Table ES-1 . Summary of Multi and Single Jurisdiction Risk Assessment Outcomes -Risks of Particular Concern . . County. • • • • of Flood ✓ :` ✓ ✓' ✓ "' Severe Storm .(including ✓ ✓ ✓ ✓ ✓ ✓ �/ �/ hurricane Severe .Winter Storm (including ✓ ✓ ✓ ice-storm Utility Failure ✓ ✓ ✓ ✓ ✓ ✓ ✓ �/ Severe Storrs ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Multi-Jurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins County, New York X • Epidemic - Agricultural ✓ . ✓ ✓ ✓ Transportation Acadent (induding hazard materials in ✓ ✓ ✓ ✓ ✓ ✓ ✓ . ✓ transit Terrorism ✓ ✓ ✓ Water.$u PPh!'Contaminabon ;' Fire ✓ ✓ ✓ ✓ ✓ Epidemic -; Human. ✓ ✓ Civil Unrest ✓ Finally, for each hazard, Tompkins County' s mitigation planning group provided a preliminary overall assessment of the relative risk of that hazard in the Tompkins County multi jurisdictional study area. The risks associated with each hazard range from no to severe concern. The Hazard Risk Gauge considers information obtained for that hazard. Vulnerability Assessment Step 3. Inventory of Assets After a prioritized ranking of hazards of concern, a GIS-based risk assessment methodology called Hazards U.S.-Multi-Hazard (HA.ZUS-MH) was used to prepare and displayy the inventory of assets for.the multi jurisdictional study area. The inventory of assets shows a range of resources that could be lost or damaged if a hazardous event occurs. Specific assets evaluated for this risk assessment include.. population, general building stock (residential and commercial), critical facilities (including, hospitals, schools, police and fire stations, and infrastructure [transportation systems]) and utility systems. Over $2.5 billion of assets (including buildings and infrastructure) were identified in the Tompkins County study area. Step 4: Loss Estimates Loss estimates were obtained for the flood and hurricane hazards. . Qualitative evaluations were performed for those hazards with limited past event and total Annualized loss is the loss data for the area. All of the hazards of interest were analyzed using the best estimated average annual available data and FEMA tools and methodologies* I loss for a specific hazard type. Annualized loss Two approaches were used to assess ri sk and estimate losses, including: considers all future losses for a specific hazard type resulting from possible • HAZUS-MH methodology (flood and hurricane) hazard events with different • HAZUS-MH supported methodology (severe winter storm [including ice magnitudes and return storm] , utility failure, severe storm [non-humcane portion] , epidemic periods averaged on a perm [Agricultural] , major transportation accident including hazardous materials year basis. Like other loss [in-transit] , terrorism, water supply contamination, fire [urban and wild land] , estimates, annualized loss is epidemic [human] , and civil unrest). an estimate based on available data and models. Where such quantifiable loss estimates are not yet feasible, comparative . Therefore, the actual loss in evaluations presented demonstrate the types of impacts that could occur, current any given year can be knowledge of the study area relative to each hazard, and qualitative assessment of substantially higher Power . each hazard. For these hazards, future efforts will include the development of than the estimatteo d annualized loss. Multi-Jurisdictional All Hazard DMA 2000 Mitigation Plan — Tompkins County, New York A additional data so that in the long term, quantitative loss estimates may be feasible: For this portion of the risk assessment, available data, methodologies, and assumptions were used to select and apply a risk assessment methodology for each hazard. Table ES-2 shows the risk assessment methodologies selected for each hazard. Table ES-2. Summary of Risk Assessment Methodology Selection Hazard . Output HAZUS=MH''Methodolo Flood HAZUS-MH-provided data were used for HAZUS-MH Loss a Level 1 analysis. Before this risk Estimate assessment is finalized, local building Hurricane (Part of data and hazard data will be used to HAZUS-MH Loss Severe Storm) supplement HAZUS-MH-provided data Estimate and a Level 2 analysis will be run. HAZUS-MH Su orted "Methodol Severe Winter Storm (Including Ice Storm) Utility Failure Severe Storm (Non- Hurricane Portion) Epidemic (Agricultural) Major Transportation Sufficient historic data were not Accident (Including available to forecast probability or area HazMat Release [In of impact. Professional judgment and Transit HAZUS-MH Supported available data were used to map Terrorism available attributes, evaluate past and Exposure Estimate Water Supply potential events, and assess risks in a . Contamination qualitative manner. Fire (Urban and Wild) Epidemic (Human) Civil Unrest Table ES-3 and ES-4-present summaries of loss estimates calculated for the Tompkins County Multi. Jurisdictional Study Area for flood and hurricane. Table ES-3. Estimated Damages/Losses to General Building Stock from Floods in Tompkins County Multi-Jurisdictional Study Area 11 - . . . 11 - • . . Occupahcy. Class Damages Damages -.Residential" 'family) TBD . TBD TBb,' TBD " Residential " Sin ' I mil TBD: TBD . " ' TBD : TBD .. Commercial. TBD TBD. TBD TBD In.d.0strial . ,1 TBD TBD TBD TBD Total TBD: P . TBD : ; TBD TBD Note: TBD indicates to be determined. NE indicates not evaluated. Dollars rounded to the nearest hundred thousand. Multi-Jurisdictional All Hazard DMA 2000 Mitigation Plan — Tompkins County, New York xii , Table ES-4, Estimated Damages/Losses to General Building Stock from Hurricanes in Tompkins County Multi-Jurisdictional Study Area i � 00 ine s . � . Residential TBD TBD TBD . TBD, ' Residential . Sin le famil TBD TBD TBD TBD Commercial TBD : ' TBD TBD; TBD. .. ;, Industrial : TBD : . TBD TB l3 , TBD Total TBD--- TBD TBD Notes: M- million. Dollars rounded to the nearest hundred thousand. Landslide, earthquake, and drought hazards were also considered .as hazards but are not profiled or assessed for the purposes of this plan. While these hazards have a significant exposure value based on assumptions made by the mitigation team, the probability of these events occurring is low and it is not likely that each individual event would create damages anywhere near the total estimated "at risk exposure value" for those hazards. Terrorism and human epidemic hazards will be addressed, but detailed planning for these events is of the purview the Tompkins County Office of Emergency Response and the Tompkins County Public Health Department, respectively; therefore, close coordination with these agencies will be included for the terrorism and epidemic hazards. Other findings include: [Note: Tetra Tech to include findings after risk assessment run] For this risk assessment, the loss estimates and exposure calculations rely on — best available data and methodologies. Uncertainties are inherent in any loss Development increases estimation methodology and arise in part from incomplete scientific population and structures knowledge concerning natural hazards and their effects on the inventory or and therefore, can built environment. Therefore, potential exposure and loss estimates are increase the impact of on a approximate and does not predict precise results but to characterize a risk. hazards For examppll e,, heavy ity. eavy development planned for a Step $: Evaluation of Population and Land Use Trends flood-prone area would likely increase the impact This mitigation plan provides a general overview of population and land uses of the flood event. as time and types of development occurring within the study area. Existing and pro9resm• proposed land uses are discussed as well as development densities in the identified hazard areas and any anticipated future changes that would significantly change the character of the area. This information provides a basis for making decisions on the type of mitigation approaches to consider and the locations in which these approaches should be applied. This information can also be used to influence decisions regarding future development in vulnerable areas. Finally this information (Hazard analyses and proposed mitigation activities) will be incorporated into the Tompkins County Comprehensive Plan. Tompkins County, located in the Finger Lakes region of central New York, contains an uncommon mixture of rural and urban landscapes, dramatic terrain and natural features, agriculturally productive areas, an internationally renowned academic institution and major research center (Cornell University), and two smaller higher education institutions (Ithaca College and Tompkins Cortland Community College), The Tompkins County Multi4iuisdictional Study Area is a primarily rural area located in central New York, approximately 250 miles northwest of New York City. The area occupies MulWurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins County, New York xiii .Q app roximatel 5- 00 sq uare miles and serves a population of approximately 100,000 (Tompkins County and 2000 census). While the population density of the area is low compared to the densely populated New York Boroughs, it is typical of the other counties in the region. . Tompkins County Comprehensive Plan and Vital Communities Initiative The purpose of the Tompkins County Comprehensive Plan is to address in a coordinated way those issues that can best be considered on a county or regional scale and for which solutions often require cooperation and collaboration among local, county, State, and Federal levels of government. This plan is also intended to provide a mechanism for coordination of plans developed. by county departments, other independent agencies . and other levels of government, which upon completion of such plans (like the hazard mitigation plan) will require coordination for implementation. Key elements of the comprehensive plan include transportation, economic development, housing, land use, open space and water resources, as well as a guide for County government' s facility and infrastructure plans, which are also addressed in the hazard risk assessment and mitigation activities in this plan. (Tompkins County Planning Department, 2003g) The Tompkins County Comprehensive Plan will build on the Vital Communities Principles, as well as the County Legislature's mission statement, and identify specific policies and strategies to implement both those principles and other goals identified through the plan's community participation process, such as the community involvement element of this plan. By identifying population trends, land use trends, and projections, areas of consistency and opportunities for collaboration can also be identified as well as any potential conflicts between existing plans, the County Comprehensive Plan will provide a process through which to address community goals in a proactive, coordinated manner (Tompkins County Planning Department 2003g). Population From 1990 to 2000 The Tompkins County Multi-Jurisdictional Study Area saw a population increase of only 3%. This represents a slow down in population growth from previous 10-year periods of approximately 13% from 1970 to 1980 and approximately 8% from 1980 to 1990. This increase is projected to continue at roughly the same rate for the next few years. Land Use Land use regulatory authority is vested in New York State's towns, villages, and cities. However, many development and preservation issues transcend local political boundaries. The Tompkins County Multi- . Jurisdictional Study Area' s land cover can be divided into five major categories. The first category is forest, which makes up approximately 53 percent of the study area. The second category is agriculture, including crops, pastures and inactive farmland at 30 percent .coverage. The third category is residential usage at 7 percent. Water and wetland usage is the fourth category with 6 percent land coverage. The fifth category, industrial, commercial, educational and recreational land use make up an estimated 4 percent of the land area. Impact on Hazard Assessment By projecting land use in the Tompkins County multi jurisdictional study area, the communities can evaluate if future land use and development will be impacted by hazards and can plan to mitigate those hazards early in the development process. As these trends are projected to continue, the increase in development can be expected to increase the population and inventory at risk. These increases in inventory will increase the potential losses for The Tompkins County Multi-Jurisdictional Study Area, MulWurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins County, New York xiv y which in turn will raise the importance of mitigation planning. The planning group plans to revisit the mitigation plan regularly to ensure that mitigation strategies support growth in a manner that minimizes increased risk and that supports the implementation and targeting -of specific mitigation actions and plans to address any impacts of development over time. Step 6: Muld4urisdictional Risk Assessment . Because Tompkins County has prepared a multi jurisdictional rislc assessment, the risk assessment section also summarizes any particular risks faced by individual towns adopting the plan. [Note: Tetra Tech will include bullets of towns particularly vulnerable to specific hazards and table of losses by jurisdiction/hazard.] Tompkins County Mitigation Strategies The mitigation strategy portion of The outcomes of the risk assessment and community input included a review the plan includes: • A summary of past and current of past mitigation actions, future goals, and appropriate county-wide, and mitigation efforts and town-specific mitigation strategies. Tompkins County identified four over- foundations arching mitigation goals or general guidelines that summarize the hazard Local hazard mitigation goals reduction outcomes the county wants to achieve. and objectives • Identification and analysis of The mitigation goals used to provide a foundation for Tompkins County' s mitigation measures and mitigation strategies include the following: projects being considered • MutWurisdictional mitigation strategy (goals and objectives) 10 Protect life and property Mitigation action plan 20 Increase public awareness (Summary of speclfic activities) 31 _ Encourage partnerships 41 Provide for emergency services The county developed several corresponding objectives for each goal that further define the specific strategies or implementation steps to attain. the identified goals. The goals along with their corresponding objectives guided the development and implementation of specific mitigation activities. Many of the mitigation objectives and action items were identified from current -programs and activities in Tompkins County. Focus was placed on the effectiveness of the activities with respect to their estimated cost. [Note: Tetra Tech will include summary of mitigation strategy portion of plan. We recommend this be completed after a review and discussion of Section 5. 0 of the plan is implemented with the Planning Group], Tompkins County Plan Maintenance Procedures Hazard mitigation planning is an ongoing process. The Tompkins County Planning Group will continue ongoing mitigation planning to implement the mitigation plan and revise and update the plan as necessary. In addition, the mitigation plan will be updated at a minimum within the 5-year cycle specified by DMA 2000. Also, mitigation planning must address changes as new hazards occur, as the area develops, and as more is learned about hazards and their impacts. To monitor the implementation of the mitigation plan, the planning group members will collect annual reports from the agencies involved in implementing mitigation projects or activities and discuss the updates at the annual meeting of the . planning group. MulWurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins County, New York xv The evaluation of the mitigation plan is an assessment of whether the planning process and actions have been effective, if the communities ' goals are being reached, and whether changes are needed. The mitigation plan will be evaluated on an annual basis to determine the effectiveness of the programs, and to reflect changes in land development or programs that, may affect mitigation priorities or changes In available funding. Multi-Jurisdictional All Hazard DMA 2000 Mitigation Plan - Tompkins County, New York xvi R 1 POINT OF CONTACT To request information or provide comments regarding this plan, please contact the Tompldns County Planning Department: Mailing Address: Tompkins County Department of Planning 121 E, Court Street Ithaca, N . 14850 Telephone: (607) 274-5560 Fax: (607) 274-5578 E-mail: planning @ tmpkins-co.org Multi-Jurisdictional All Hazard DMA 2000 Mitigation Plan — Tompkins County, New York xvii r Town Board Meeting May 10 , 2004 . ATTACHMENT # 14 �.� # k Report 4/20/04 Ithaca Invaders* In 2003 the Invaders were given a total $ 1500 by the JYC . Of this money $ 1000 paid for 4 youth employed to work as assistant coaches in the program 4 evenings per week for 5 weeks . This is part of the JYC Youth Employment Program . The other $500 covered various aspects of a program which had 60 participants , 44 of whom were JYC kids . Of this number, 25 were from the Town , 9 from Cayuga Heights , and 10 from the Village of Lansing . Scholarships were also given . The Town gives 49 % of JYC monies . . I believe , along with the other JYC Committee Members that this is a very good return 'for the investment , and recommend continuance of this program . *from the Joint Youth Commission Report on Participation by Municipality for 2003 . April 22 , 2004 Sandra , I am sending this to you via mail because I can 't find your email address . I read through. the Invaders 2004 application and found the following information. for you , which I believe may be helpful . The camp operates for 5 weeks Monday — Thursday for two hours each night from 6-8 PM . They are charging $ 150 per youth participant , there are. time and family discounts and no one is turned away because of lack of funds . For five weeks this Yorks out to be $30 per week or $ 3 . 75 per hour. The JYC supports the camp by paying the salaries of the youth assistants and contributing to the scholarship pool . Each youth as:; istant would earn about $ 50 . 00 per week or $250 for the summer. Youth employees are supervised and help in the training , planning and implementation of the camp along with the Sr. Coaches . Our $200 contribution goes into a scholarship pool . .This amount covers 1 full scholarship or several partial scholarships . I 've also attached . two reports 1 ) Youth Development Budget and participation by municipality . - .This shows the percent of Municipal contribution of the total budget. Also percent of total . number attending programs . 2 ) Updated Participation Sheet — this will look familiar but is a slightly different format than the one you have . I removed the others category in the JYC list , added the totals for JYC and changed the number for total participants under the Science Center. I did this because when I reviewed their report on . participation their total included programs. that were paid for by other municipalities and the general population were not invited to attend , e . g . Scouts , Trumansburg Youth Services , and school groups . I believe that this will create a more accurate comparison . I trust that this is clear, however, if you have questions please feel welcome to ask . Joint Youth Commission Participation .by Municipality for 2003 • Learning Web — JYC Participation Total Program participants 120 Town of Ithaca , = 80 Village of Cayuga Heights = 11 Village of Lansing = 7 98 $6 , 000 of $54 ,426 paid wages to 9 youth . • Cornell Cooperative Extension ' — Total Program participants 114 Town of Ithaca = 90 Village of Cayuga Heights = 11 Village of Lansing 13 114 $8927 of the $28 , 529 was used for Municipal Jobs either job readiness = 33 Subsidized employment = 18 . • Coddington Road Community Center - Total Program Participants 141 Town of Ithaca = 102 Village of Cayuga Heights = 2 Village of Lansing = 0 104 $ 1800 of $ 11 , 262 paid learning stipends to 8 (Counselor in Training ) youth • Science Center- Total Program Participants 26 Town of. Ithaca = 22 Village of Cayuga Heights = . 0 Village of Lansing = 4 26 • Ithaca Invaders — Total Program Participants 60 Town of Ithaca = 25 Village of Cayuga Heights = 9 Village of Lansing = 10 44 $ 1000 of $ 1500 paid wages to 4 youth • Boynton Middle School Collaborative Total Program Participants 205 Town of Ithaca & Cayuga PHts 74 • Ithaca Youth Bureau Club Ithaca — $2, 036 paid the salary for 6 youth jobs (Town of Ithaca youth served separately by Rec Part, Club Ithaca169) Town of Ithaca = 4 Village of Cayuga Heights = 1 Village of Lansing = 1 6 Total Joint Youth participants 466 Total program participants 666 In 2003 = $ 19 , 736 was used for employment readiness activities (33 ) or to pay wages or stipends to youth (45 ) for a total of 78 youth . Youth participating in Youth Development activities are unduplicated by program Compiled from 2003 year end reports by Karen Coleman Tompkins County Youth Services Dept . 4/22/2004 Joint Youth commissionf#l31i141 Youth Development Budget and participation by municipality. Total Budget $ 101 , 596 of the total budget $ 15 , 736 used for wages for 65 youth . Town of Ithaca local share $ 49 , 688 49% Village of Lansing local share $ 10 , 194 10% Tompkins County Share $ . 321207 32 % State aid $ 91507 . 9% $ 101 , 596 Youth served by municipality Town of Ithaca 397 85% Village of Cayuga Heights 34 7 % Village of Lansing 35 8 % Total youth served 466 100% prepared by: Karen Coleman Tompkins County Youth Services Department 4/22/2004 C - - i p�Gp [ rn Raj o o � ^y5 o C1 y[��7 ��+ {&QT N Do`< y 1'' 7 fD ° �, �p O ^7 N O co Q„ S ? x N • y � n w '. av � Oq pq . . 5 � � m n :? ch mfr* eD x 3 � omq 0a 5 N c 3 00° xw° � �' » a0 c m sa � ccm m o .. � E �, moo ' •PovmoO � NOOq uG, B ° � �. 0 b <. � m0wo 5' 10 0 "115 o . . N N a So tz Mot loolo n G w A. � `� CD (Do on n Fr a o m l7 0 cn '. . ov K' ° Q jolo 1. Mo "iU rJ m ° ° 00 N m = 50. = 5 CD # CD'go - i• � G0 O °O° N fN D N O N 'oG t" •. M i D rA < amC' O lo,m D fD Oq O sot fD N S G< N CL '< -^ � 17 LI So c � . N .O.� -yy � xm � � E m Et rA D �_ m -' 7 S m J a (�� . 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DQ (D tot So folio To Town of Ithaca 2004 AGREEMENT AGREEMENT, made as of the first day of January, 2004 , by and between the TOWN OF ITHACA, a municipal corporation of the State of New York with main offices in Tompkins County at 215 North Tioga Street, Ithaca, New York, hereinafter referred to as "the TOWN" and the ITHACA INVADERS , a nonprofit corporation of the State of New York with offices at 1.431 Mecklenburg Road, Ithaca, New York, hereinafter referred to as "the ITHACA INVADERS". WITNESSETH . WHEREAS, the parties hereto wish to enter into an . agreement to participate in the Town Youth Services Program . NOW, THEREFORE , in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows : 1 . The term of this agreement shall be from January 1 through December 31 , 20040 2 , The ITHACA INVADERS agrees to provide the Town as described in its program proposals on file with the Town in accordance with locally approved planning group guidelines. The ITHACA INVADERS agrees to designate and maintain an active youth planning group to perform the functions outlined in the Tompkins . County Youth Services Department Accountability Checklist. 4, The ITHACA INVADERS agrees to provide the necessary record keeping and monitoring to comply with the program reporting and claiming procedures of the Town. 5 . Claims . for reimbursement for payments made by the ITHACA INVADERS are to be submitted quarterly under standard voucher along with supporting expense detail . In any event the ITHACA INVADERS agrees to submit all claims within 30 days after the end of the calendar year. 6. The ITHACA INVADERS also agrees to submit all program reports required within 30 days after the end of the calendar year. 7 . The Town will reimburse the ITHACA INVADERS a sum not to exceed $ 1 , 125 as outlined in the approved program plan and budget on file with the Town of Ithaca. 8 . It is understood between the parties that any persons hired or contracted with by the ITHACA INVADERS are not employees of the Town . It is the responsibility of the ITHACA INVADERS to execute any subcontracts with other providers authorized in the Program Plan and Budget and to provide the Town of Ithaca with a copy . No youth shall be denied access to any town-supported program because of race, creed, color, gender, sexual orientation, national origin, disability , or ability to pay . 1 1 r � , APPENDIX A : TOWN OF ITHACA HOLD. HARMLESS & INDEMNIFICATION NO CONSTRUCTION The Agency hereinafter referred to as Contractor, shall indemnify, hold harmless and defend the Town of Ithaca and its officers, employees, agents, and elected officials fr om and against any and all claims and actions brought against Tompkins County and its officers , employees, agents , and elected officials for injury or death to any person or persons or damage to property arising out of the performance of this contract by the Contractor, its employees, subcontractors or agents with the exception of all actions and claims arising out of the negligence of the Town of Ithaca: The Contractor shall maintain the following minimum limits of insurance or as required by law, whichever is greater. A. Worker ' s Compensation and New York Disability -Statutory Coverage Employer' s Liability — Unlimited B . Commercial General Liability including, contractual , independent contractors, products/completed operations — Occurrence Form required. Each Occurrence $ 190005000 General Aggregate $29000,000 Products/Completed Operations Aggregate $ 25000,000 Personal and Advertising Injury $ 130005000 Fire Damage Legal $ 50,000 Medical Expense $ 53000 fGeral Aggregate shall ally separately to the project prescribed in the contract . Town of Ithaca and its offices, employees, agents, and elected officials are to be included as Additional Insured , C . Business Auto Coverage Liability for Owned, Hired, and Non-Owned Autos . $ 1 ,000, 000 CSL or $ 500, 000 Per Person BI $ 1 ,000,000 Per Accident BI $ 250 ,000 PD Split Limits Town of Ithaca and its officers, employees, agents, and elected officials are to be included as additional insured . All insurance shall be written with the insurance carriers licensed by the State of New York Insurance Department nd have a Best ' s rating of A XI or better. . Proof of insurance shall be provided on the Town of Ithaca with a Certificate of Insurance including the effective signed agreement date . The accord Certificate of Insurance or insurance company certificate may be used for proof of Worker ' s Compensation and Disability. All Certificates shall contain a sixty-(60) day notice of cancellation ; non-renewal or material changes to the Town of Ithaca. All Certificates must be signed by a licensed agent or authorized representative of the insurance company . Broker siznature is not acceptable . Certificates of Insurance shall be submitted at the time of the bid/proposal agreement . 3 x. 07 734 3229 May 10 , 2004 Town Board Meeting ATTACHMENT # 15 DAVID L. KLEIN 306 WINTHROP DRIVE ITHACA , NY 14550 April 30, 2004 Ms . Catherine Valentino, Town Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Ethics Board appointment Dear Cathy: With my recent appointment to Town Justice and my subsequent certification, it appears that my holding a position on the Ethics Board is incompatible with the Justice position . Therefore, effectively immediately , I tender my resignation from the Ethics Board to enable the Town Board to select a replacement. Sincerely, c � c i David L. Klein May 10 , 2004 Town Board Meeting ATTACHMENT # 16 John Coakley 528 S . Albany St. Apt 2S (607) 273 -0348 Ithaca, NY 14850 jcoakley @marlboro .edu EDUCATION : May 2002 Bachelor of Arts — History, Education & Sociology — Marlboro College, Marlboro, VT. Completed an extensive thesis on the history of education in the United States, ADMINISTRATIVE EXPERIENCE : Information Systems Coordinator — Farm Sanctuary, Watkins Glen X, October 2003 — Marched 2004 • Maintained control of filing systems for three departments • Built, managed and maintained database systems for entire organization • Conducted scientific and statistical research for a variety of projects • Regular data entry, filing, and electronic archiving Administrative/Records Assistant — Marlboro College Registrar' s Office, 1999-2002 • Worked very closely with Registrar and Associate Registrar in three-person office • Provided front-end assistance to all clients (faculty, staff and students) • Regular system data entry and data clean-up • Regular e-mail, mail and phone correspondence with parents, students, and others • Completed filing, photocopying, typing, and other duties • Managed extensive Student Record electronic archive project • Created regular enrollment and academic data reports Maintained former student records, on paper and electronically Enrollment Management Data Researcher — Marlboro College, 1998-1999 • Worked closely with Administrative Computing Director • Performed extensive database and statistics research • Regular data entry, manipulation and management RELATED EXPERIENCE: Intern Teacher — Souhegan High School, Amherst NH, 2002-2003 Direct, daily contact with 87 students in the tenth grade • Taught an American Studies history curriculum, closely integrated with literature • Created individual lesson plans and a thematic curriculum unit on the 1930s Head Selectperson — Marlboro College, 2000-2001 t ` ,dtlwj Responsible for leadership of the community government Chaired weekly meetings, handled minutes and correspondence • Supervised community employees and volunteers Treasurer — Town Meeting of Marlboro College, 1999-2000 • Managed community accounts totaling over $30,000 INFORMATION TECHNOLOGY : • Comfortable with PC and Macintosh environments • Advanced user of MS Word, Excel, and Access . Proficient in PowerPoint, Outlook, Photoshop, and imaging software Proficient with a variety of institutional databases and applications • Familiar with minor web maintenance I May 10 , 2004 Town Board Meeting ATTACHMENT # 17 Margaret " Marnie" Kirogeaaner 191 Enfield Main Rd . Ithaca , NY 14850 Home Phone 272-2241 Q1U1 /A! ICICATIONS Ability to mange, plan. develop and direct a variety of activities. • FvtPnSixiP Pvnprienre AWNA-iing Ninth �inilith and fnwmjliPrc . . Over twenty years supervisory knowledge and ability Lo work constrc.iGtively with o±her$ - Strong intempersonal avid comarnunication skills. • ExceX=t kr:o ledge of Tomp><,ln$ Coln.i and Con'Tunilty reso'ilrce$ :'.7th good working relationships with those organizations. • rnmprehPVnciye background in acti ri j' documentation and reporting. WORK HISTORY Se njo'r Coordin S t€ r Youth & G : i l ear;; TOWN CLERK ' S MONTHLY REPORT ATTACHMENT # 18 TOWN OF ITHACA, NEW YORK May 109 2004 Town Board Meeting APRIL - 2004 ADEN DA # S HE SUPERVISOR : PAGE 1 F int. to Section 27 , Subd 1 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 an payment of which are otherwise provided for by Law : A1255 7 MARRIAGE LICENSES NO. 04020 TO 04026 87 .50 1.6 . MISC. COPIES 38 .75 1 SIGN ORDINANCE 3 .00 . 33 TAX SEARCH 165 .00 1 POSTAGE 0. 85 2 MARRIAGE TRANSCRIPT 20.00 14 COPY OF TAX BILL 2.95 TOTAL TOWN CLERK FEES 318905 A1557 1 SPCA IMPOUND FEES 90.00 TOTAL A1557 90.00 A2544 DOG LICENSES 533 .25 TOTAL A2544 533.25 23 BUILDING PERMIT 49835 .00 1 FOUNDATION PERMITS 200.00 1 TEMP. CERT. OF OCCUPANCY 62 .50 1 OPERATING PERMITS 50.00 1 FIRE SAFETY INSPECTIONS .25 .00 1 SIGN PERMITS 92.00 3 ZBA AREA & USE VARIANCES 240.00 1 ZBA SPECIAL APPROVALS 100.00 TOTAL B2110 5160430 B2115 1 SUBDV. REV. INITIAL APL . 50.00 2 SUBDV. REV. FINAL PLAT 160.00 l SITE PLAN INIT. APL. FEE 75 .00 1 SITE PLAN PRELIM. PLAN 1100.00 2 SITE PLAN FINAL PLAN 200.00 TOTAL B2115 585.00 I I TOWN CLERK ' S MONTHLY REPORT APRIL, 2004 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 941 . 30 PAID TO SUPERVISOR FOR PART TOWN FUND. 61189.50 PAID TO COUNTY TREASURER FOR DOG LICENSES 108 .75 PAID TO AG & MARKETS_ FOR DOG LICENSES 18 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 157 .50 TOTAL DISBURSEMENTS 77415.05 MAY 312004 SUPERVISOR STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA 1, 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 Notary Public ly O F I T,�, O 9 _ _ a TO" OF ITHACA � � � �s 18 z1 4� 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 www . town . ithaca . ny . us TOWN CLERK 'S OFFICE PHONE . (607) 273 -1721 FAX (607) 273 -5854 MEMORANDUM DATE : May 3 , 2004 TO : Town Board FROM : Tee-Ann Hunter RE: Report on the Status of the Justice Court Records Grant Work _ on the 2003/2004 Justice Court Grant is scheduled for completion by end of June 2004 . A large component of this project was identifying court records that could be disposed of which are currently in storage at Town Hall . Seventy cubic feet of records were identified as eligible for disposal and a list submitted to the New York State Office of Court Administration asking for their needed permission to dispose of the records . , Permission has been received for half the listed records and permission for the remaining half expected by end of week . Our . intention is to hire a mobile shredding company that will come to Town Hall and quickly and efficiently dispose of the records . We determined this was a cost effective alternative to having staff shredding the records . A list of the records approved for disposal is available in the Town - Clerk's office . 1 Agenda Item No . 3# 31 TOWN OF ITHACA Highway Department's Monthly Board Report April 12, 2004 Administration We have been systematically working on generating work orders for road sign replacements and adding sign locations to a sign database . This is anon-going project, which will lead to more timely installation and replacement of signs . Rich Schoch, . Gene, and Wayne attended a three-day seminar on weapons of mass destruction presented to area pubic works officials. Supervisors attended Awareness Training, and then all staff attended a similar training . First aid and CPR training was offered and several employees attended that training . Gene and Rich TenKate attended a Paving Techniques training also. Hearing Tests . for Highway employees were also conducted in March. Water Work The Town crews repaired one water main break on Maple Avenue during March and repaired a leaking main line valve on Woolf Lane . Two fire hydrants had to be replaced this month. Both had been out of service; one was on Hanshaw Road and the other on Danby Road . The crews continued to temporarily patch the pavement at several water main repair sites . They also started cleanups for lawn repairs at several water main repair sites. These sites will be ready for topsoil, seed, and mulch as soon as the weather permits . The crews installed a service tap and stone pad at the Hungerford Tank site for the new telemetry and control building . The crews continue to assist Bolton Point with start up of the Town of Ulysses water system . Inspection continued on the Coy Glen Water Pump Station and T-Main Extension project. Three sets of wooden gates were constructed to be installed at access points along the new water transmission line off of Stone Quarry Road . These are being installed to prevent unauthorized motor vehicles driving down to the future Gateway Trail . i Sewer Work There was no significant work done for the sewer lines this month. Road Work Brush and tree limbs were trimmed back over most roads in the Town . Several hazardous trees were identified and arrangements made with NYSEG to work cooperatively to removing those, which would also impact their power lines . We hauled several hundred tons of crushed limestone and 1A stone for our stockpiles to be used for various construction projects this year . Potholes were patched, along with water break sites where pavement was removed . Voting machines were put out for the primary election. They were then picked up, along with polling place signs, after the election was finished . A road-crossing culvert was repaired on Seven Mile Drive , Parks Work A new mutt mitt (dog waste) dispenser was installed at the Hudson Street entrance to the South Hill Recreation Way to replace the one that was destroyed by vandals . Seasonal cleanups at all park and trail sites were started . ghk Town Engineer's Report for 5/10/2004 Town Board Meeting GENERAL Pre-Disaster Hazard Mitigation Plan The Draft Plan has been completed and the Draft Executive summary has been included in the meeting packet for the Town Board members information. EARTH FILL PERMITS No Fill permits were issued in April. WATER PROJECTS Water SCADA System The system specifications were completed and advertised for bids by SCLIWC. Bids were received and the proposal by Ritec was the responsive proposal with the lowest total cost. Equipment has been ordered and will be installed on the new tanks and pump station on the west hill. East Hill Transmission Main and Storage Tank The Town Engineering staff has completed 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 is continuing 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. 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. The Bostwick Road Tank has been tested and accepted by the Town Engineer and is in service . Final site restoration and landscaping is proceeding as weather and soil conditions permit. The Second phase of the transmission main across Ithaca College property to the Pearsall Place pump station is being designed, and discussions with Ithaca College regarding an easement are underway. This improvement will reinforce the South Hill distribution system and eliminate a bottleneck caused by the limited capacity of the existing water main on Coddington Road . West Hill Water Tank and Water Main Natgun. Inc. has completed the tank and water main on the West Hill Tank project. Final site restoration has started and Town forces will be planting trees and shrubs to complete the landscaping work as weather permits. 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. I I TOWN ENGINEERS REPORT 5/ 10/2004 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 shortly. COLLEGE CIRCLE Ithaca College has substantially completed the additional Parking for College Circle on the North side of the apartment project. 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 complian with the approved site plan . Town Engineer's Report May 10,2004 Daniel R . Walker Page 2 5110/2004 I TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR TH,E MONTH OF APRIL 2004 . MONTH YEAR TO DATE TYPI PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SING AMILY 2004 6 17332,000 14 21760,000 REST ' ES 2003 4 740,000 10 1 ,658,500 2004 0 0 1 1497700 TWO FAMILY RESIDENCES 2003 1 225,000 2 375,000 2004 4 109750 8 . 167,750 RENOVATIONS 2003 1 21500 4 48;564 2004 1 Convert 3 unit apt building to single family & B&B 5,000 3 . 97,800 CONVERSIONS OF USE 2003 0 0 0. 0 2004 0 0 4 324,752 ADDITIONS TO FOOTPRINT 2003 2 789090 3 939090 2004 0 0 0 0 MULTIPLE RESIDENCES 2003 0 0 0 0 2004 1 Country Club of Ithaca temporary tent 4,000 4 296897700 BUSINESS 2003 0 0 1 113009000 2004 0 0 2 39,000 AGRICULTURAL 2003 0 0 . 0 0 2004 0 0 0 0 INDUSTRIAL 2003 0 0 0 0 2004 0 0 3 675,000 EDU ' ONAL 2003 0 0 1 14,000 I Replace deck in kind 89440 1 Demolish barn 19500 1 Rear deck 3,000 MISCELLANEOUS 2004 3 . 12,940 7 27,012 CONSTRUCTION 2003 6 36;500 9 69,000 TOTAL NUMBER OF 2004 15 19364,690 46 6,9301714 PERMITS ISSUED 2003 14, 190827090 30 3;558, 154 TOTAL FEES 2004 15 27245 46 109755 RECEIVED 2003 14 29230 130 59970 Date Prepared: May 4, 2004 Dani L. Holford Building/Zoning Senior Clerk Typist i I � April 2004, Page 2 � j TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 8 1 . 1559 Slaterville Road - existing two-family home. 2. 100 Alison Drive - new 3 bedroom modular home with attached garage. 3. 1070 Danby Road (Italian Carry Out) - retail store/take out - temporary. 4. 303 Woodgate Lane - existing two-family residence. 5. 1511 Slaterville Road - existing two-family home. 6. 117 Christopher Circle - relocate kitchen/den. 7. 4 Amber Lane - new 4 bedroom modular with attached garage. 8. 171 King Road East - alter bedrooms and bathroom to create 2 bedroom house. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 2004 - 63 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE. 2003 - 55 INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 0 From January 2004: I . 107 Maplewood Drive - building code - pending. 2. 260 Coddington Road - occupancy - pending 6/ 1 /04 compliance date. From October 2003 : 1 . 635 Elmira Road - zoning - property settled out of court. From May 1995 : 1 . '1152 Danby Road - zoning and building code - Building Permit applied for corrections - issuance of anew permit pending plan revisions. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2004 - 11 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2003 - 11 TOTAL FIELD VISITS THIS MONTH - 75 Uniform Building Code - 52 Local Law and Zoning Inspections - 15 Fire Safety - 7 (4 apartments [ 18 units)), 2 senior citizen homes, 1 business) . Fire Safety Reinspections - 1 (3 unit apartment) Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 2604 . 310 TOTAL FIELD VISITS YEAR TO DATE. 2003 - 309 TOTAL SIGN PERMITS THIS MONTH (Plaza East and Quick Cash) - 2 TOTAL SIGN PERMITS YEAR TO DATE, 2004 - 2 TOTAL SIGN PERMITS YEAR TO DATE, 2003 - 3 ZONING BOARD OF APPEALS MEETING POSTPONED UNTIL MAY 37 2004 I ' I - TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, MAY 3, 2004 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, May 3 , 2004, in Town Hall, 215 North Tioga Street, Aurora Street Entrance, Ithaca; NY, COMMENCING AT 7:00 P.M . on the following matters: APPEAL of Karel Sedlack, Appellant; requesting a variance from the requirements of Article IV, Section 1 l of the {ranted Town of Ithaca Zoning Ordinance, to construct a new residential dwelling with a building height of 39 + feet (36 foot limit) located at 15 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3-3 .523, Residence District R- 15 . APPEAL of Stephen Srnka, Appellant, requesting a variance from the requirements of Article V, Section 21 of the Granted Town of Ithaca Zoning Ordinance, to be permitted to convert an existing non-residential structure to a two-family home with said structure having an existing north side yard building setback of approximately 25 + feet (40 feet required) located at 809 Five Mile Drive, Town of Ithaca Tax Parcel No. 31 -2- 17, Residence District R-30. A variance to permit a rear yard setback of less than 50 feet and a front yard less than 30 feet may also be requested. APPEAL of John Young and Susan Barnell, Appellants, Patrick Leahy, Agent, requesting variances from the Grantd requirements of Article III, Sections 7 and 9 and Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance, to subdivide and create building lots by subdivision which do not have the required lot widths or frontages on Town, County, or State highways located at 140 and 1 '50 Glenside Road, Town of Ithaca Tax Parcel No. 30-1 - 1 , Residence District R-9 and R- 15 . Additionally, a variance from Section 280A of NYS Town Law and an approval from the. Board under Article XII, Section 54 may also be required. APPEAL of Heritage Park Townhouses, Appellant, George Frantz, Agent, requesting a variance from the requirements C r of Article IV, Section 11 of the Town of Ithaca Zoning Ordinance, to be allowed to construct single-family homes with . exterior and interior heights of 40 feet (36 and 38 height limitation respectively) located at 6 Saunders Road, Town of A Ithaca Tax Parcel No. 44.2-2-3 and 25 Saunders Road, Town of Ithaca Tax Parcel No. 44.2-2- 13 , Residence District then R- 15. Withdrawn APPEAL of Michael and.Ann Elmo, Appellants, requesting a variance from the requirements of Article V, Sections Granted 18, 21 , and 23 of the Town of Ithaca Zoning Ordinance, to maintain a second dwelling unit with aside yard setback of 25 feet (40 feet required) and variances from Article XIII, Sections 57 and 68 to allow the second dwelling unit to be detached from the primary residence on a building lot that has a lot depth of less than the required 200 feet, located at 139 King Road East, Town of Ithaca Tax Parcel No. 44-2-2, Residence District R-30. A new Town Zoning Ordinance in effect after the date of the appellant's application would allow a second detached dwelling unit on a single parcel of land. An approval from Article XII, Section 54 may also be requested. APPEAL of Mark Bianconi, Appellant, requesting a variance from the requirements of Article IV, Section 22 of the Granted Town of Ithaca Zoning Ordinance, to be permitted to create a single-family home with a lot coverage of 24% ± (20% limit) at 112 Woolf Lane, Town of Ithaca Tax Parcel No. 23- 1 - 11 . 124, Residence District R- 15 cluster. Said Zoning Board of Appeals will at said time, 7 :00 p.m.; and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S. Frost Director of Building and Zoning . 273- 1783 Dated : April 22, 2004 Published: April 26, 2004 I r i f i OF I T� TOWN OF ITHACA PLANNING DEPARTMENT . = BE - - 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director' s Report for May 10, 2004 Town Board Meeting DEVELOPMENT REVIEW March 4, 2004 Special Meeting: Overlook at West Hill, 1290 Trumansburg Road : The Planning Board continued the Public Hearing from the February 26th meeting and granted Preliminary Subdivision Approval , Preliminary Site Plan Approval, and issued an affirmative recommendation to the Town Board regarding the Zoning Change for the proposed residential development, Overlook at West Hill , located at 1290 Trumansburg Road (NYS Route 96) , Town of Ithaca Tax Parcel No. 24-4- 14 . 2 , 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. 5 +/- acre portion of Tax Parcel No . 24-4- 14 . 2 , and 15 lots for single-family, market rate homes in Phase Il 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 requesting consideration of rezoning the 24 . 5 +/- acres for affordable rental apartments from R- 15 Residence to MR Multiple Residence and preliminary subdivision and site 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 . April 6, 2004 Meeting: Bostwick LLC 3-Lot Subdivision, between 415 and 433 Bostwick Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3 -lot subdivision located between 415 and 433 Bostwick Road, Town of Ithaca Tax parcel : No . 32 -2-3 . 2 , Agricultural District. The proposal includes subdividing a 2 . 751 -acre parcel and a 3 . 112-acre parcel fronting on Bostwick Road from the 73 +/- acre parcel for possible future sale . Bostwick LLC , Owner; Tom Greenspun, Applicant. This was continued from the March 16th meeting. Fix 2-Lot Subdivision , 131 Honness Lane : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 131 Honness Lane, Town of Ithaca Tax Parcel No. 58 -2-39 . 2 , Residence District R- 15 . The proposal includes subdividing - the 1 . 073 7acre parcel into one 0. 685 -acre parcel containing the existing residence and one 0. 388 -acre parcel for construction of a new two family residence. Giora & Limor Fix , Owners/Applicants: Harris 4-Lot Subdivision, Chase Lane : The Planning Board granted Preliminary and Final I Subdivision Approval for the proposed 4-1ot subdivision located at the end of Chase Lane, Town of Ithaca Tax Parcel No. 45 - 1 -2 . 2 , Residence District R- 15 . The subdivision of the +/- 34-acre parcel I will result in the creation of a 1 . 32 +/- acre parcel for a future single-family residence, a 0 . 24 +/7 r acre parcel to be consolidated with Tax Parcel No. 45 - 1 - 1 . 2 for future access, a 0 . 362 +/- acre parcel to be conveyed to the Town of Ithaca for the purpose of extending Chase Lane for use . as a snow plow turn-around, with the remainder of the property staying undeveloped. Tessa Sage Flores, Owner; David Harris, Applicant. April 20 , 2004 Meeting : Cornell University Library Storage Annex Addition, Palm Road : The Planning :Board granted Preliminary and Final Site Plan Approval for the proposed Cornell University library storage annex addition located on Palm Road, Town of Ithaca Tax Parcel No . 64- 1 = 1 , Planned Development Zone No. 9 . The project involves construction of two. additions to the existing storage facility totaling +/- 35 ,000 square feet to provide storage capacity for the growing collections of the Cornell University libraries . The project also includes additional walkways, driveways, landscaping, and a new loading dock. Cornell University, Owner/Applicant; Catherine O ' .Hora, Agent. Overlook at West Hill, 1290 Trumansburg Road : The Planning Board .granted Final Subdivision Approval and Final Site Plan Approval for the proposed residential develpment, Overlook at West Hill , located at 1290 Trumansburg Road (NYS Route 96), Town of Ithaca Tax Parcel No. 24-4- 14 .2 , Residential District R- 15. (Medium Density Residential) and Multiple Residence District. 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 . 5 +/- acre portion of Tax Parcel No . 24-4- 14. 2 , and 15 lots for single-family, market rate homes in Phase II on about 19 acres of the subject property to be subdivided in the future. The current owners would retain about 5 acres containing the existing medical practice fronting on Trumansburg Road. Song Ja Kyong, Owner; Aris Investments, Applicant; Grace Chiang, HOLT Architects and Peter Trowbridge , Trowbridge & Wolf, Landscape Architects, Agents . Sketch Plan Review of Sky Gardens Condominiums, Mecklenburg Road (NYS Route 79) : The Planning Board reviewed a sketch plan for the proposed Sky Gardens Condominiums located on the north side of Mecklenburg Road across from Rachel Carson Way, Town of Ithaca Tax Parcel No, . 27- 1 = 14 . 2 , Residence District R- 15 and Agricultural District. The proposal includes the construction of approximately 200 market-rate condominium units in twelve buildings , a swimming pool , a tennis court, a clubhouse , jogging trails, new roads and4 parking lots , and stormwater facilities. . The proposal also .includes a request to. rezone a portion of the 93 +/- acre property from Residence District R- 15 and Agricultural District to Multiple Residence or a Planned Development Zone. John Rancich, Owner/Applicant; Katrina A, :Thaler, Agent, CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following are accomplishments or issues that have been .dealt with over the past month * . SEAR Reviews for Zoning Board : Five SEQR reviews for the Zoning Board were done since the April report: ( 1 ) request for height variance to construct . a new residential dwelling with a height of 39 +/- feet (36 foot limit) , located at 15 Fairway Drive, Residence District R- 15 , Karel. Sedlack, Appellant; ' (2) variance to convert an existing non-residential structure to a two-family home , the existing structure having an insufficient side yard setback, located at 809 .Five Mile Drive , , 2 . Residence District R-30, Stephen Srnka, Appellant ; (3 ) height variances to permit the construction of single-family homes with exterior and interior heights of 40 feet (36 and 38 feet height. limitation respectively) , located at 6 and 25 Saunders Road, Residence District _ R- 15 , Heritage Park Townhouses , . Appellant; (4) variances to permit a second dwelling unit to be detached from the primary dwelling on a non-conforming lot, located at 139 King Road East, Residence District R-30, Michael and Ann Elmo, Appellants; and (5) variance to permit the construction of a single-family home with lot coverage of 24% . +/- (20% limit) , located at 112 Woolf Lane, Residence District R- 15 , Mark Bianconi, Appellant. Codes and Ordinances Committee : The Committee met on April 21 2004. Agenda items included completion of initial review of the Town Environmental Review Law (will now be forwarded to the Conservation Board for review and comment), discussion regarding revision of the definition of . "telecommunications facility", and preliminary discussion regarding a proposed draft Stream Buffer Ordinance. The next meeting is . scheduled for May 19, 2004, where . the agenda will include continuation of discussions regarding the definition of "telecommunications facility" and the draft Stream Buffer Ordinance. Transportation Committee: The Committee met on April 15 , 2004. The . agenda included ( 1 ) a presentation by TCAT regarding their plans for transit improvements in the Ithaca area, and (2) a discussion of arrangements for the first public meeting for the Town of Ithaca Transportation . Plan .(tentatively scheduled for June 10, 2004 at 7 : 00 p .m . in Town Hall) . The next meeting is: scheduled for May 20, 2004 , Conservation Board : The Board met on April 1 , 2004 . Discussion items included plans for the presentation of the Richard Fischer Award (presented to Betsy Darlington at the April Town Board meeting), reports of committees (viewshed, stream buffer), and the volunteer Six Mile Creek monitoring program . The next meeting is scheduled for May 6, 2004 , MOA Planning Coalition : The. Planning Coalition met on April . 28 , 2004 . Agenda items included a presentation regarding "Sustainable Tompkins" by Gay Nicholson, and a discussion regarding the draft County Comprehensive Plan. The next meeting is scheduled for May 27 , 2004 , ITCTC Planning Committee: The Planning ' Committee met on April 20, 2004. Agenda items included a review of proposed changes in the functional road classification system (relatively minor changes in the Town of Ithaca), the Long Range Transportation Plan Update (a second public, meeting is scheduled for May 5 , 2004 at the County Library), preliminary discussion regarding a. proposed park-and-ride lot off , of Route 13 (near the NYSEG building), and a report on administrative changes in the NYS Department . of Transportation. The next meeting is scheduled . for June 15 , 2004, which will be a joint meeting of the Planning and Policy Committees . Capital Projects and Fiscal Planning Committee : The Committee met on May 5 , 2004 . Discussions focused on new or modified projects in the 2005 —2009 Capital Program, the status of the Ewing stormwater project, and. a discussion regarding financial aspects of the Capital Program . The next meeting is tentatively scheduled for Wednesday, June .2 , 2004 at 3 : 00 p .m . Inter-municipal Trail Committee : The Committee met on April 19 , 2004 . Discussion included a report on the Federal grant that had been announced for the Buttermilk Falls/South Hill Trail, and . 3 ' a 'v � 727saa Ulan ng ar 1p a lk rl 1 reports by sub-committees that had been formed . Next steps in the process include initiating discussions with Emerson regarding a possible right-of-way for the trail , engineers taking a closer look at' the trail crossing at Stone Quarry Road (and the sight distance problems), further thinking about potential trail users and type of surface for the trail , identifying the need, for additional survey and topo information, and policy decisions regarding ownership and maintenance responsibilities for the trail (or segments) . The next meeting is tentatively scheduled for May 17 , 2004 . Economic Development Strategy Coordinating Committee : The Committee met on April 29, 2004 . Agenda items included reports on the recent Housing Forum and Workforce Summit, an update on economic development projects in the City of Ithaca, and a discussion of financial issues at the County Airport. Management Team Meetings : The management team (department . heads and managers) met on April 4th and 26th , 2004, to discuss the upcoming Harvard Leadership management series, . strategies for coordinating Supervisor ' s Advisory Committee (SAC) meetings, and other issues relating to Town priorities and coordination with the Town Board and other boards and committees . Tompkins County Public Safety Communication Project : The County Communications System working group (consisting of. representatives from Tompkins County, . Town of Ithaca and Ithaca College) met on April 30, 2004 . The County presented an overview of the propagation and coverage studies that had been conducted over the past several years and alternate sites that had been evaluated. The Ithaca College site consistently came up as one of the key sites in the County. The County and Ithaca College have agreed that a monopole tower would be pursued because of its lower visual impacts . The tower will be about 180 feet tall , replacing the existing Ithaca College radio tower. The new tower would hold the County communication system antennas, the Ithaca College radio antenna, and would also have space for the co-location of other antennas. After discussing regulatory issues and site aspects , it was agreed that the County would put together a sketch plan submission for presentation and discussion with the Town of Ithaca Planning Board (targeted for the June V' meeting) . Following that, detailed site plans and engineering drawings would be submitted for Planning Board approvals . The County will be the lead agency to coordinate the SEQR review . Ithaca College and the County could be co-applicants for the necessary approvals . 4 2004 TAX COLLECTION ®� 3 RECEIVER OF TAXES t MONTHLY REPORT AS OF APRIL 30, 2004 TOTAL NO. OF TAX BILLS ON WARRANT : 5133 TOTAL TOWN WARRANT (LEVY) . $ 494869795.07 01/ 19/04 1ST PAYMENT: TOWN OF ITHACA SUPERVISOR $ 21181 ,424. 07 01/28704 FINAL PAYMENT: TOWN OF ITHACA SUPERVISOR $ 293059371 .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 $ 1 ,45196 02/28/04 FEBRUARY PENALTIES $ 17605 . 80 03/31 /04 MARCH PENALTIES $ 3 ,524. 67 04/30/04 APRIL PENALTIES AND $2 .00 SERVICE CHARGES $ 21201 . 21 05/31 /04 MAY PENALTIES AND $2 . 00 SERVICE CHARGES $ 09000,000 .00 TAL TOMPKINS COUNTY WARRANT : $ 69671 ,901.69 13/04 1ST PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 51000,000. 00 03/01/04 2ND PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 100 .000. 00 04/01 /04 3" PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 200,000. 00 05/03/04 4' PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 175 ,000.00 01/01 /04 5' PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 01000,000 .00 01 /01/04 6TH PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 070000000 .00 BALANCE DUE TOMPKINS COUNTY WARRANT . $ 1 , 196,901.69 MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE: 03/01 /04 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 1 ,554. 14 03/31/04 MARCH INTEREST RECEIVER ' S CHECKING ACCOUNT $ 132.03 04/30/04 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 105 .47 05/31 /04 MAY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 07000,000.00 I I f I U) w LO x v c�D � LL 6s 0 W LL V ) O // //�� J U) Cn Q Z W U) Q Q LU Z Z X Z Z � O LL w LL Q 0 _ 0 w w w LL W 0 cr O a LL Z z r W z Q w w J LL Cc W W 0 Q m }Er Er O 06 t- J I- Q Z LO 0 I zzzN mcn 0 � � o w MZ p QW WCgpp 0Z UZfrUJ z 0 o z � U °o z o p Up o Z z r :Z W Y U Q > Z O Z Z LU O r LL LO N 0 LL O Q Ch LI) LL LL � l U U) cf) LL co coo 0 M Q / ♦ lf9W Z 69NM W N � F- I— NW W '- Il► M Wm MHOW Nf- 6 �- V (r Ir W M M M M M M M M FILM Q � � Cr � CL WOU W WWr w 2OOWNM W •Itw omm >- pWMNWw W (� > NC) >> > N > � _ _ > � > ►. > UNmCLON > N > N / 1 Owm OOOO O ELWWOoOpOIDO YOV� J � oOoow V a * a aaw * M �. aaa * * Ua °* a Z * CL Qa * a * a * W WYW WWWY W WWWWYYLLW `Yw QYwzWYwYWY w QUp QQQU p T0000000UQ QLL000UQU O O d N N O M *4t M M M O N N M M M r N O CD 00 O M N � O CO 00 M O M O LO � O CO LO LA M Lo CO O 4 CD O 4 M O 4 O T 0 0 0 L1) O M r ui 00 O 00 O U) 4 of r N O I� CO 00 O LC) 01 N r V O O CD N (D CO W4 T N O N 00 LC) O O N 00 - M N r Ln r q} N CD O M M r M CD AV I*ft CD LO N r CD LO 00 qq 00 Cn CO N O r� Cn 00 r O M r� T 00 O M CA Cf) N T T 00 N LO CD CD CD N CD N M CD CD LO r� I\ N N r O N M qq CD v O 00 O LO It v M N M r 00 r� CO CO N M d r CD M CO N 00 LO N r CAM r d r N N r r N r r r r M T CO N � co � N co NT Iq O N T N T 69 69 69 69 69 69 6 9 69Ei? 69696F? 6c? 69 69 69 69 69 69ER6961? 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Network ® Refurbished PCs for Justice Klein, Town Clerk Reception. ® The Town Historian, Laura Johnson-Kelly, will be sharing the PC outside of the Inactive Storage oom with Town Board members . Please see Lisa with any questions . i _ Y"( UU1 1krj;WkU0.11%11[.U1 I 1F.Mu � Strat '■ Cacheman Inbox - Microsoft Outlook 14 ` �� , ---I ] own oflthaca Micro . o � 8;5q , .(;n Yt�Al+ �k�RR'fp\y1.,YC (c X�C:U. vPn^x yN, I.t k- GEND A " Regular Meeting of the Ithaca Town Board Monday , May 10 , 2004 Human Resources Report for April 2004 Personnel Committee : The Committee met to review and discuss recent changes or modifications to the. Personnel Manual . They reviewed drafted wording changes for the manual on the policies that have passed Town Board approval ( Employee Assistance Policy and Shift Differential . ) Suggested wording changes for Uniforms , Employee Physicals , Paid Meal Periods and Health Insurance Buy Back . These changes are mostly in clarifying intent of the policy . The Committee did recommend changes to the Conference and Travel Policy that will be proposed to the Town Board at the May meeting . The next meeting of the committee is June 9th Safety Committee : Committee discussed a recent accident and if or how it could have been avoided . The committee. also dedicated sometime in discussing the dangerous intersections that were identified and Tom Niederkorn 's request for more input on these intersection by highway crewmembers . The committee discussed one intersection to focus on first as a starting point for addressing these concerns . . The second session of CPR and First Aid was held at Town Hall with seven .. participants . Training and Development: was the presenter of an Assertive Communication and Public Speaking class that was co-sponsored by Tompkins County and City of. Ithaca . Two Town employees attended the class . Other classes attended by Town employees in April were Stress Management, Leadership- Management-Supervision and Team Building . I attended a Human Resource session on update on the newly passed regulations of the Fair Labor Standards Act . Congress passed many new. changes to determining what employees are exempt from overtime . Payroll : . Connie Clark, Principal Account Clerk , and myself met with Norma , Williamson . Law Book, to go over additional corrections needed on the new windows payroll program . We have downloaded the first 5 payrolls into the database and have manually entered payroll number 6 . As we enter each payroll the fine-tuning of the program is occurring . The goal at this point is to have the program completely converted over to the new program by th6end of June . Personnel — Civil Service : Interviews were held for the Recreation and Youth Coordinator position and the Deputy Town Clerk position . I have made job. offers to the employees chosen by the Interview Committees , and both have accepted with a starting date of May 3 , 2004 . The new employees are ; Marnie Kirchgessner, Recreation and Youth Coordinator and John Coakley , Deputy Town Clerk . Tee-Ann Hunter and I met with Laura Johnson- Kelly , Town Historian , for her orientation . Laura is very excited to get started with a project for the Town . . Time was allocated in April to working on the Strategic Working Meeting for the Town Board and the Leadership Development program for the Management Team , Kirk Sigel , Chairman , Zoning Board of Appeals , Kristie Rice , Assistant Director of Building & Zoning and myself met with a Richard ( Dick) Matthews regarding his interest in filling the vacant position on the Zoning Board of Appeals . A Highway Department employee was let go in early April for cause . We have not made any progression in replacing this employee as of yet , partly because we will need to cover the unemployment cost associated with this . Three seasonal full time Highway Laborers started in April and will be working through the summer until mid October. They are Danny Hunt , Jon Munson and John Dickhaut, all were seasonal employees that worke d for us last year . Commercial Insurance : All changes approved at the April meeting regarding the Town 's insurance . have been updated . I have since met with Charlie Gibson to discuss what items. need to remain listed for coverage under the inland marine . policy . Workers ' Compensation : , There Were three accidents to report from April.. One was very minor and will be paid for under the Town ' s risk retention fund . Of the other two accidents one resulted in lost time of 2 days and transitional duty for one week and the second accident also resulted in light duty for one week. Both employees are back to full duty at this time : Disability Insurance : No new claims to report . Unemployment Insurance : There is currently one employee whom was terminated in April that is claiming unemployment . The Town is direct billed for this expense . Submitted By : Judith C . Drake , PHR , Human Resources Manager ATTACHMENT # 19 May 10 , 2004 Town Board Meeting ITY OF ITHA A .. .9 C C 11 510 First Street Ithaca, New. York 14850-3506 MAY 10 2M54 � � f� eat ° 0� DEPARTMENT OF PUBLIC WORKS WATER AND SEWER DIVISION T01f �1 OF ITNACA O,P`••.,,, ,,..r°�� PLANNING , ZONI"4G , ENGINEERING �RA7E0 Telephone: 607/272-1717 Fax: 607/277-5028 To : Dave Herrick,P .E. Dan Walker,P .E. From : Lawrence P . Fabbroni, P .E . ,L. S *. C Re : Phosphorus Reduction Project Award and . Bid Tabulations Date: May 10,2004 Due to the May 7,2004 withdrawal of the Postler & Jaeckle rebid of HVAC work as part the Tertiary Phosphorus Removal ' Upgrade Project At the IAWWTP as opened May 4,2005 the bid results are revised as below with corresponding budgeted estimates as follows : Contract Contractor Low Bid Engineer' s Estimate General Crane-Hogan $39497 ,000 $3 ,6009000 Electric John Mills . $ 397,500 $ 410,000 HVAC Kimble, Inc . $ 125 , 100 $ 1209000 Totals $45019,600 $4, 130,000 Please reflect this change in any formal or informal action you are seeking of your boards Also, please notify me immediately of any problem in this regard or need for additional clarification. Based on the engineer' s recommendation The City is planning to award the contracts as listed above at the action meeting of the BPW on Wednesday, May 12 ,2004 . '`.An Equal Opportunity Employer mith a commitment to workforce diversification . ' er �. a� . 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OF TAX BILLS ON WARRANT : 5133 TOTAL TOWN WARRANT (LEVY) : $ 4,4869795.07 01 / 19/04 1ST PAYMENT : TOWN OF ITHACA SUPERVISOR $ 21181 ,424.07 01 /28/04 FINAL PAYMENT : TOWN OF ITHACA SUPERVISOR $ 2,305 ,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 $ 21994 . 52 02/28/04 FEBRUARY PENALTIES $ . 1 ,605 . 80 03/31/04 MARCH PENALTIES $ 19684.90 04/30/04 APRIL PENALTIES AND $2.00 SERVICE CHARGES $ 070009000000 05/31/04 MAY PENALTIES AND $2 .00 SERVICE CHARGES $ 09000,000400 t AL TOMPKINS COUNTY WARRANT : $ 6,671 ,901 .69 0 13/04 1ST PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 510009000 .00 03/01 /04 2ND PAYMENT: TOMPKINS COUNTY BUDGET /FINANCE $ 100.000.00 04/01 /04 3RD PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 200,000 .00 01/01 /04 41H PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 01000.000000 01 /01/04 5TH PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 09000,000.00 01 /01/04 6TH PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 090000000400 BALANCE DUE TOMPKINS COUNTY WARRANT . $ 1 ,371 ,901 .69 MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE: 03/01/04 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 11554. 14 03/31 /04 MARCH INTEREST RECEIVER ' S CHECKING ACCOUNT $ 132.03 04/30/04 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 0,0001000 .00 05/31/04 MAY INTEREST RECEIVER ' S . 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N N W = V p N O N COL) J ~ 0 Q V 0 0 W ,c r *- ca W 0 O > > :3 :3 =3 =3 F- J Lo C ' Z 'C 'c C N C cc LL G U M U) 0 0 0 O O O w a Q \ � t� �s � 6S � c� � cft W W O. z0 00 00 00 ° 00 °0 cc cm W W N r` r� rrnaor� rn o N 1" W V � � � 0 � � o >_ m Z � rC7COCArCO 0 .. 0 O m J 613 O e! CV N LO CV cri 06 Lf) Lf) G CU CES w O � O r0OOWNW O LL. J aaa � aa � V V rrCONrNC`7 CO � O O 0N0LO a00 (1) r J J J J J � � ClN �Mqq \ CU ULL r � O O O O F- 0 m=r . m= m= m= =m =m 0 ° 646s � � � � � N > M � LO April 12 , 2004 Town Board Meeting ATTACHM) N x# 11 Buttermilk Farm 330 West King Road Ithaca NY 14850 April 9 , 2004 Kathy Valentino, Supervisor, & Town Board Members Town of Ithaca, 215 North Tioga Ithaca NY 14850 Dear Supervisor Valentino and Town Board Members : I noticed the Town ' s Agriculture Committee has not yet been appointed this year. I would appreciate it if you would , at the April 12 , meeting , reappoint the following : Christiann Dean Jamie Baker Debbie & Alan Teeter (one seat , shared) Tom McMillan John & Jennifer Bokaer-Smith (one seat, shared) Nelson Eddy and appoint these new members : George Sheldrake , Early Bird Farm Steve Cummins , Indian Creek Farm OR Bob Baker, Dairy Farmer This brings the number of farmers/farm landowners to eight, as provided in the original resolution . Would you also consider appointing three Town Board members in addition to the farmers , plus assigning Planning Dept . staff? This would promote direct communication . In the past communication between the Town Board and the Ag Committee has depended on Town Planning Board Staff attending ex -officio . At the first meeting we will elect a Chair, vice Chair, and recording secretary . Here are my goals for the Ag Committee for 2004 : 1 ) Consider whether the PDR formula needs updating 2) Consider the Town ' s farmland PDR budget 3 ) Consider the Town ' s readiness to move quickly when a farmer applies for PDR 4) Consider the interface of the Town ' s PDR program with NYS ' s and neighboring Towns . A Lansing farmer just accepted $ 1 million for PDR on approximately 400 acres . 5 ) Appoint joint Town staff and Ag Committee team(s) to visit each farm family to discuss PDR 6) Consider how new Town zoning regulations interface with NYS Ag District Law 7 ) Re-establish the policy of Town Board and Planning Board sending to the Ag. Committee for comment , proposed policies or developments with a potential impact on agriculture . Lately this part of the Ag . Committee ' s original mission r� has been followed only intermittently, especially by the Planning Board . REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY , MAY 109 2004 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NEW YORK 1 . Call to Order 2 . Pledge of Allegiance 31 Report of Tompkins County Legislature 4 . Report of Fire Commissioners 5 . 5 : 45 p . m . - Persons to be Heard and Board Comments 6 . 6 : 00 p . m . - Public Hearing for the Adoption of a Local Law Regarding the Fee Schedule 7 . SEQR - Adoption of a Local Law Regarding the Fee Schedule 8 , Consider Adoption of a Local Law Regarding the Fee Schedule 9 . Announcement of Filing of Ethics Disclosure Statements 10 . 6 : 10 p . m . — Discussion of the Agricultural Committee 11 . 6 : 30 p . m . — Informal Hearing on Changing Road Names of Eastwood Commons 12 . Consider Approval of Road Name Changes in Eastwood Commons 13 . 6 : 45 p . m . - Town of Ithaca Stormwater Management Plan Annual Report to NYS DEC —discussion and opportunity for public comments and questions 14 . 7 : 15 p . m . — Public Hearing — Country Club of Ithaca Noise Permit Application 15 . Consider Approval of Noise Permit for the Country Club of Ithaca 16 . Consider Authorizing Renewal of Contract with the Tompkins County Sheriff's Department and Consider Authorizing Amendments to the Contract with the Tompkins County Sheriff's Department 17 . Consider Setting a Public Hearing Regarding Amendment to the Subdivision Regulations 18 . Consider Approval of Village of Cayuga Heights and Town of Ithaca Sewer Agreement 19 . Consider Approval of Speed Limit Reduction Request for Seven Mile Drive 20 . Consider Approval of Equipment Swap with Tompkins County 21 . Consider Approval of Intermunicipal Agreement with Town of Caroline regarding Equipment Sharing 22 . Consider Approval of Extension of Chase Lane and Turn -around 23 . Consider Acceptance of Resignation of Andrew Dixon from Zoning Board of Appeals 24 . Consider Appointment of Zoning Board of Appeals member 25 . Report on Hazard Mitigation Plan 26 . Update on Watercraft Ordinance and Consider Setting Public Hearing for Amendment to the Ordinance 27 . Discussion of Funding for Ithaca Invaders 28 , Consider Authorization to Amend the Village of Cayuga Heights Fire Contract 29 , Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract d . Consider Changes to Transportation and Conference Policy e . Consider Approval of Attendance for the Quality Community Conference in Albany f. Consider Acceptance of Resignation of David Klein from the Ethics Board g . Consider Appointment of Deputy Town Clerk h . Consider Appointment of Recreation and Youth Coordinator 30 . 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 r I` 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 31 . 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 32 . Review of Correspondence a . Invitation to May 4th Tompkins County Comprehensive Plan Open House on May 4th from 3 p . m . to 7 p . m . b . Tompkins County Draft Comprehensive Plan "Planning for our Future" c . Thank you letter from Betsy Darlington d . 4/ 13/04 letter from Gary Stewart clarify statement re Cornell and affordable housing e . 4/27/04 Thank you letter from Museum of the Earth f. 4/20/04 email from Herb Engman re Water Week g . SCLIWC 2003 Annual Operating Report h . SPCA Monthly Report and 4/8/04 letter i . 4/30/04 Letter from NYS Comptroller re Retirement System 33 . Consider Executive Session regarding purchase of real property 34 . Consider Adjournment ti- 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 : Consideration of a Local Law Amending the Town of Ithaca Fee Schedule Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, April 28 , 2004 Date of Publication : Wednesday, April 28, 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 28"' day of April 2004 , 1, Notary Public CARRIE WHITMORE Notary Public, State of New York No . 01 WH6052877 Tioga County Commission Expires December 26,Z ' J I' The Ithaca Journal Wednesda Anril 28 004 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca will hold e ppublic hearing at 215 North Tio a Street, Ithaca, New York on Monday, May 10, 2004 at 6:00 p.m. for the purpose of considering a lo- cal law amending the Town of Ithaca Fee Schedule. At legals this time, the Town Board PP will hear an fa- vor of or opposed persons in id local low. Copse to said proposed local law f ore Persons desiring assistance available for review at the must make a request to the Town Clerk's office, 215 Town Clerk not less that 48 North Tioga Street, Ithaca hours prior to the time of The New York during regular of- Public hearing. fice hours Monday through Dated; Appril 27, 20041 Friday from 8:00 a.m. to Tee.Ann Hunter 4:00 P m Town Clark FURTHER NOTICE IS HEREBY GIVEN that indi- viduals with visual or hear- ing impairments or other special needs will be pro vided with assistance ro necessary, upon request.as i TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET DATE : Monday , May 10 , 2004 (PLEASEPRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION � S � Two �(r. -,��Esr- `7 t �� -Ir-►z� I�