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Home My WebLink AboutTB Minutes 2004-08-03 Regular Meeting of the Ithaca Town Board Tuesday, August 3 , 2004 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , New York 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature 4 . Report of Fire Commissioners 5 . 6 : 00 p . m . - Persons to be Heard and Board Comments 6 . 6 : 30 p . m . — Public Hearing : In the Matter of the Providing of a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in the Town of Ithaca , Tompkins County , New York Pursuant to Article 12-C of the Town Law 7 . SEQR regarding a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in the Town of Ithaca , Tompkins County , New York Pursuant to Article 12-C of the Town Law 8 , Consider Adoption of Public Interest Order regarding a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in the Town of Ithaca , Tompkins County , New York Pursuant to Article 12-C of the Town Law 9 . Presentation from County Youth Commission Regarding Recreation Partnership 10 . Consider Approval of 2005 Wage Scale 11 . Discussion of Fall Newsletter Items 12 . Consider Setting a Public Hearing to Amend the Fee Schedule for the Sale of Zoning and Subdivision Chapters of the Code of the Town of Ithaca 13 . Consider Acceptance of Concept and Location of Proposed Dedication of Public Road , Utilities , and Park Land in Conjunction with the Westview 32- Lot Subdivision , Schickel Road 14 . Discussion of the Budget Process 15 . Consider Authorization to Accept Local Government Records Management Improvement Fund Grant 16 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract d . Fall Brush and Leaf Collection e . Declaration of Surplus Equipment and Approval of Sale at Auction f. Appointment of Laborer 17 . Report of Town Committees a . Agricultural Committee b . Agricultural Land Preservation Advisory Committee c . Capital Projects and Fiscal Planning Committee d . Cayuga Lake Watershed Intermunicipal Organization e . City / Town Trail Committee f. Codes and Ordinances Committee g . Lake Source Data Sharing Committee h . Personnel Committee i . Public Works Committee j . Recreation and Human Services` Committee k . Recreation Partnership I . Records Management Advisory Board m . Safety Committee n . Sewer Joint Committee o . Southern Cayuga Lake Intermunicipal Water Commission p . Supervisor' s Advisory Committee q . Transportation Committee 18 . 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 . Recreation and Youth Coordinator k . Attorney for the Town 19 . Review of Correspondence a . 06/ 16/2004 Letter from Tompkins County Highway re : Monthly Status report b . 07/08/2004 Letter from Nathan Winograd , SPCA c . 07/ 14/2004 Letter from Joseph Wetmore , re : Sign Ordinance d . 07/14/2004 Cayuga Heights Fire Department June 2004 Monthly Report e . 07/22/2004 Letter from Eleanor P . May thanking Town of Ithaca Highway Department 20 . Consider Executive Session regarding Personnel Matter 21 . Consider Adjournment August 3 , 2004 Town Board Meeting Approved September 13, 2004 Regular Meeting of the Ithaca Town Board Tuesday, August 3 , 2004 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY THOSE PRESENT : Supervisor Valentino , Councilman Lesser, Councilman Burbank , Councilwoman Gittelman , Councilman Engman , Councilman Stein EXCUSED : Councilwoman Grigorov ; Andy Frost STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent; Jonathan Kanter, Director of Planning ; Judy Drake , Human Resources Manager OTHER PRESENT : John Barney , Attorney for the Town ; Janice Johnson , Tompkins County Department of Youth Services ; Liz Vance , Ithaca Youth Bureau 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 (Agenda Item #1 — Written Report Bob Romanowski appeared on behalf of the Fire Commissioners and read his monthly report to the Board . He reported to the Board that the fire fighters' had approved a labor agreement with the City . Mr. Romanowski was unsure as yet of the full impact of the contract . He did know that it would be retroactive for two years and that the fire fighters' would be picking up a portion of their health insurance . Supervisor Valentino reported that the Town ' s share of fire contract expenses was likely to increase in 2005 because of a greater increase in the Town ' s assessed value as compared to the City' s assessed value ( 12 . 2 % versus 11 %) . Mr. Romaowski further commented that the Fire Department would be in a little bit better situation if the monies given by Cornell University, which were supposed to be earmarked for the Fire Department for fire protection totally went to the Fire Department' s budget , but they don 't . They disappear in the general fund and are doled out afterwards . This is a continuing source of irritation to some of us . The Board collectively wished Mrs . Romaowski happy birthday. 1 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Agenda Item No . 5 — Board Comments Board Packet Materials Councilman Stein asked that materials pertaining to items that Board members will be called to vote upon be available by Wednesday evening prior to a Monday evening meeting . Supervisor Valentino told him that materials were routinely available by noon on the Wednesday preceding a Monday evening Board Meeting . If a Board member wishes to pick materials up they can come in on Wednesday, otherwise materials will be sent to them through the mail and generally arrive on Friday . Relay for Life (Attachment #2 — Letter from Ms . Edid and petition ) Councilman Engman referred to a letter from Maralyn Edid and signatures from residents complaining of the noise coming from the Relay for Life . Councilman Engman expressed his disappointment that 17 neighbors signed a petition saying that the event organizers had not done what they said they would to minimize the noise . He thought the Town might want to consider having someone else , a community member perhaps , in control of the event' s sound system for next year' s event because the organizers seem unable to control the noise to the neighbors ' satisfaction . Supervisor recommended the Town organize a meeting of the neighbors and the event organizers . She was uncertain that the organizers ' did not do what they had said they would . The petition states that the organizers said there would be no sound after midnight . What was actually said was there would be reduced sound . Last year it worked well because the air was still . This year it was pretty windy the night of the event . Supervisor Valentino felt ; a meeting where the organizers could talk face to face with the neighbors would be helpful . Councilman Stein thought the neighbors themselves could monitor the sound with inexpensive monitoring equipment . Councilman Lesser felt an independent entity might be better. Time Warner Supervisor Valentino told 'the Board the Town received a letter from Time Warner saying that two channels would no longer be available because their negotiations with Fox Sports and Madison Square Garden have broken down . Upper tier subscribers are being notified by mail . This is something that is totally beyond the Town ' s control . Federal regulations do not give the Town any authority to intervene in these deliberations . Letter from Joe Wetmore , regarding Political Signs (Attachment #3 — letter from J . Wetmore) The Board received a copy of Mr. Wetmore' s letter in their packets . Councilman Lesser asked if political signs come under the control of the Town ' s sign ordinance . Attorney Barney told him that political signs are not treated any differently than other signs . We do not distinguish between content of signs with the exception of "for sale" signs . Depending upon 2 I August 3 , 2004 Town Board Meeting Approved September 13, 2004 the size of the sign and the number of other signs on the property, it may or may not be subject to our ordinance . The Town rewrote the sign ordinance about three years ago and was very conscious about the first amendments rights and did not want to infringe on them . Mr. Barney felt they were pretty successful in keeping the first amendment in mind as they went through the ordinance . As long as you keep yourself reasonably subject neutral and you don 't prohibit signs altogether you probably are not treading on somebody' s first amendment rights . Mr. Stein stated he had heard to the contrary . He had heard from people whose opinion he thinks is not trivial that political signs have a special right to be displayed . Supervisor Valentino told the Board she plans to do some legal research . She plans to send a letter to Mr. Wetmore thanking him for raising an issue that the Town needs to look in to . The Town is not infringing on anybody' s rights now, because the Town does not remove any political signs unless they are a hazard . Councilman Engman asked if the Town had a time limit for how long you can leave political signs up . He referred to the " Bush Must Go" signs ' and asked if the time limit pertained to a political message or to a candidate . Attorney Barney stated he Town ' s sign ordinance does have a time limit on temporary signs and that political signs are considered temporary signs . The Town has opted not to enforce it . Letter from Mr. Gupta regarding Parking on Route 34B The Town received a letter from Mr. Gupta asking for parking on Route 34B . Mr. Gupta states he has talked with Suzanne Pratt in Representative Lifton ' s office who said that the State might be willing to do the additional work to provide the parking . The letter will be passed on to the Public Works Committee for consideration . Agenda Item No 9 - Presentation from County Youth Commission Regarding Recreation Partnership (Attachment #4 D . Barber' s presentation to Municipal Officers Association , Recreation Partnership 2004 Goals) Supervisor Valentino told the Board that the Municipal Officers Association is circulating a petition among the Tompkins County municipalities regarding the Recreation Partnership . The petition outlines objectives that the municipal 'officers feel are very important things for the Recreation Partnership to accomplish . They, are things that the partnership has not accomplished and need to happen for the partnership to succeed . A copy of the petition will be in the Board ' s next packet. Caroline Supervisor Don Barber presented these recommendations to the Recreation Partnership on behalf of the municipal officers . A copy of that presentation is in tonight' s board packet . The resolution that is being circulated for adoption is more specific . The hope is that passage of the resolution will give appointed officials clear direction from all of the municipalities on the things they would like to see accomplished in 2005 . 3 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Councilman Stein asked that he be able to see the proposed resolution before the next meeting . Supervisor Valentino told the Board she had submitted an op ed piece to the Ithaca Journal regarding the municipal officers concerns about and recommendations for the Recreation Partnership . Of particular concern are the high overhead charges that the City imposes . There are questions about the legitimacy of the overhead charges and a feeling that other entities should be invited to provide programs instead of having the City as the sole provider. Agenda Item No . 10 — Consider Approval of the 2005 Wage Scale (Attachment #5 wage scale) Under consideration is the wage scale distributed at the August meeting . Ms . Drake distributed copies of actual salaries , which would be under consideration in October. Supervisor Valentino brought the Board 's attention to a breakdown in her salary: fiscal officer responsibility l $ 17 , 600 and the administrative function $26 , 445 . 12 . Supervisor Valentino gave the Board a brief overview of the budget process . She reported that the revenue stream projections look very good and felt the Town should be able to continue to hold the line on any tax increases in 2005 . I Councilman Stein asked for a breakdown in revenues and expenditures by category . i Agenda Item No . 9 - Presentation from County Youth Commission Regarding Recreation Partnership At 6 : 25 p . m . Janet Johnson , Liz Vance , and Mr. Green entered the meeting . Supervisor Valentino asked Ms . Johnson if she would give their power point presentation to the Board at the September meeting so the Board will understand how the money the Town puts into the Recreation Partnership provides services for Town residents . Agenda Item No. 6 — Public Hearing : In the Matter of the Providing of a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in the Town of Ithaca , Tompkins County, New York Pursuant to Article 12=C ' of the Town Law Supervisor Valentino opened the public hearing at 6 : 30 p . m . The hearing was posted and published as required . There was no one present to address the Board and the hearing was closed at 6 : 31 p . m . 4 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Councilman Engman felt what was good about this process is that things are getting clarified . He felt the agricultural community had been holding these misconceptions for months and months , maybe years , and it' s been festering . Attorney Barney' s document was very helpful in clarifying a lot of stuff and he felt he could go back to the committee and explain things to them . In fact, one of the things Mr. Kanter and he talked about was the possibility of going back to the committee and saying " if you ' re saying that 500 sq ft is not reasonable for a roadside stand , what would be your recommendation " , and maybe involve them in the process of determining and then come back with a recommendation . 5 . The committee felt rather strongly that in various places in the document there is talk about the conflict between the concerns of residents and Agriculture and Markets requirements . It' s their impression that Agriculture & Markets requirements trump residents' concerns . Attorney Barney told the Board the only place that they could conceivably make that argument is where there is a county agricultural district, but even in those you have to basically show that the requirements are inimical to or prohibit somehow agricultural growth , make it uneconomic to operate as an agriculture facility . Mr. Barney did not know that that' s necessarily true . The Town is in the process of drafting a local law, which will come back to the Town Board , to address some of those items . The issue that, for example , Agriculture and Markets went over and over again was we don 't want our farmers to have to go through a special approval process and they brought up the situation in towns or places where it takes two years to get a special approval from somebody . Therefore , it inhibits or makes the agricultural process economically nonviable . When applying to the Town , it does not take two years to get a special approval . The Town has a very efficient and capable staff that handles the special approval process very quickly and very expeditiously and to say the farmers should somehow be exempt when a homeowner may have to get a special approval or variance , it doesn 't make sense and it doesn 't even , in Mr. Barney' s view, in terms of the Agriculture and Markets district requirements present a problem . The Town got Matt Brower to back off a little bit from that. You cannot take a process where it has been abused and say therefore it can never be used anywhere else . The town does not abuse our process . Councilman Stein reported that the committee wanted to add another member to the to represent another farming family that was not on the committee . Councilman Stein suggested constituting the committee as allowing a representative from every interested farming entity in the town . Supervisor Valentino thought that was fine , but stated they would have to be able to function and suggested a quorum of five be written into the resolution authorizing an increase in membership . 25 i I i August 3 , 2004 Town Board Meeting Approved September 13, 2004 Mr. Kanter asked that the Zoning Ordinance changes be ready to go to the Codes and Ordinances Committee at their September meeting . Agricultural Land Preservation Committee (Attachment #10 — Agricultural Easement Inspection Form ) Councilman Lesser reported to the Board that Mike Smith had , as required , visited the site of the Town ' s agricultural easement on Sheffield Road and that the property owner is complying completely with their obligations . Councilman Lesser reported that a couple on West Hill has expressed on interest in selling an agricultural easement;. Councilman Lesser thought that at some point in the not too distant future we will get a formal expression of interest . Transportation Committee Councilman Lesser reported that he had contacted John Lampman , Acting Supervisor of Highways , regarding the planned reconstruction of Warren and Coddington Roads . Mr. Lampman indicated that the contracts with the firms that are doing the planning are going to be signed in the beginning of September, but they will not have funding to begin the design process until the end of October. The Transportation Committee will be meeting with Mr. Lampman and the consultants around that time . Mr. Lampman has been invited to the next Transportation Committee Meeting to talk about the projects in general . The next Transporation Committee Meeting is scheduled for September 16 , 2004 at 2 : 00 p . m . City Town Trail Committee Mr. Kanter reported on the last meeting an their attempt to work out the bit of the trail that started the Gateway Bridge going up to the existing South Hill Recreation Way . The main discussion was about the trail portion that would have to go through or somewhere near the Emerson property , which is the unresolved alignment. The City brought in a couple of maps with proposed alternates that would get around Emerson , but the alternates all had very steep grades to address . The Emerson property really is the key . There was also discussion about the contamination questions at the Emerson Property and how that might effect a future trail going in there . Mayor Peterson was supposed to have some follow up discussions with the Emerson people . I There was brief discussion , of the Black Diamond Trail and how local officials might be able to help move the project along . Pegasys Oversight Committee Councilman Burbank reported that the group has been working closely with the Pegasys Coordinator to prepare a plan for equipment purchases for the community access studio . The issue of use of the public access facilities by people who live outside the municipalities that are supporting the effort was brought to committee' s attention and hey are working on a j 26 I i I i August 3 , 2004 Town Board Meeting Approved September 13, 2004 policy to encourage other municipalities to join in so that their residents can access the facilities . Lake Source Cooling Data Sharing Committee Councilman Engman reported that he had received a packet of information and there will be a meeting of the committee in September. Mr. Kanter stated the Town still has Benchmark Environmental Consultants available to review the data . Mr. Kanter did not see their name on the list and it was his intention to send materials to Benchmark and have contact with them before the meeting . Coy Glen Pump Station Councilman Burbank reported that the rain had washed out some of the work at the new pump station . Mr. Noteboom reported that the plantings have been destroyed by deer. Agenda Item No . 17 — Report of Town Officials (Attachment #11 — Monthly reports) Human Resources Manager Ms . Drake distributed notes from the Board / Management workshop . Agenda Item 20 - Consider Executive Session regarding Personnel Matter On motion by Councilman Burbank , seconded by Councilman Stein , the Board entered executive session at 8 : 46 p . m . for consideration of a personnel matter. On motion by Councilman Stein , seconded by Councilman Engman , the Board returned to regular session at 8 : 47 p . m . Adjournment On motion by Councilman Burbank the meeting was adjourned at 9 : 00 p . m . Respectfully submitted , - � V, Tee-Ann Hunter Town Clerk 27 August 3 , 2004 Town Board Meeting Approved September 13, 2004 WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca 2004 South Hill Water Transmission Main Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca 2004 South Hill Water Transmission Main Improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Construction of approximately 4 , 000 feet of 16-inch ductile iron pipe water main running from the Town ' s existing main on Danby Road across Ithaca College property east of Danby Road crossing Coddington Road and across the Therm property to the existing pump station at Pearsall Place , together with related controls and other structures ; and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 500 , 000 . 00 . The proposed method of financing to be employed by said Town of Ithaca for the aforesaid improvement is issuance by the Town of serial bonds not to exceed $ 500 , 000 ; and WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on July 12 , 2004 , calling a public hearing upon said plan , report and map including an estimate of cost and the question of providing water improvements to be known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement , such public hearing having been scheduled for the 3rd day of August , 2004 , at 6 : 30 o'clock p . m . , Prevailing Time , at the Town Hall , 215 North Tioga Street , in the City of Ithaca , Tompkins County , New York , at which time and place all persons interested in the subject thereof could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law ; and WHEREAS , said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , the construction of the proposed project has been determined to be an " Unlisted Action " pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca , the implementation of which 7 I August 3 , 2004 Town Board Meeting Approved September 13, 2004 I as proposed , the Town Board has determined , will not result in any significant adverse environmental effects ; and I WHEREAS , it is now desired to authorize the improvement to be known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . It is hereby determined that it is in the public interest to make the water improvement hereinafter described and such water improvement is hereby authorized . The proposed area hereby determined to be benefitted by said Town of Ithaca 2004 South Hill Water Transmission Main Improvement is all of the Town of Ithaca outside of the Village of Cayuga Heights . Section 2 . The proposed improvement shall consist of construction of approximately 4 , 000 feet of 16- inch', ductile iron pipe water main running from the Town ' s existing main on Danby Road across Ithaca College property east of Danby Road crossing Coddington Road and across the Therm property to the existing pump station at Pearsall Place , together with related controls and other structures . Section 3 . The Town of Ithaca , subject to the approval of the voters of the Town of Ithaca if a referendum is requested , hereby authorizes the expenditure of up to $ 500 , 000 . 00 for the Town of Ithaca 2004 South Hill Water Transmission Main Improvement and the payment of all costs incident thereto , including architects fees , consulting fees , attorneys fees , bidding costs and any other related costs , all of said actions being hereinafter collectively referred to as the " Project . " Section 4 . The plan for' the financing of the Project consists of the issuance of General Obligation Serial Bonds, of the Town in the principal sum of not more than $ 500 , 000 , to be issued pursuant to the Local Finance Law for costs of the Project . Section 5 . It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 40 years , pursuant to Subdivision 1 of Paragraph a of Section 11 . 00 of the Local Finance Law. It is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years . Section 6 . The full faith and credit of said Town of Ithaca , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on said bonds as the same respectively become due and payable . An annual 8 I I i I August 3 , 2004 Town Board Meeting Approved September 13, 2004 appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year . There shall be annually apportioned and assessed upon the several lots and parcels of land especially benefitted by the improvement in proportion to the amount of benefit which the improvement shall confer upon the same , an amount sufficient to pay the principal and interest on such bonds as the same become due and payable . In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due , the Town Board shall direct that surplus moneys not otherwise appropriated be applied . Section 7 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Ithaca , New York , by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk , Section 8 . The powers and duties of advertising such bonds for sale , conducting the sale and awarding the bonds , are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale , conduct the sale , and award the bonds in such manner as he or she shall deem best for the interests of said Town , provided , however, that in the exercise of these delegated powers , he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds , who shall not be obliged to see to the application of the purchase money. Section 9 . Subject to the provisions of the Local Finance Law, the power to authorize the issuance of, and to sell , bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms , form and contents , and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 10 . All other matters , except as provided herein relating to such bonds , including determining whether to issue such serial bonds having substantially level or declining debt service and all matters related thereto , prescribing whether manual or facsimile signatures shall appear on said bonds , prescribing the method for the recording of ownership of said bonds , appointing the fiscal agent or agents for said bonds , providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town ) , the date , denominations , maturities and interest payment dates , place or places of payment , and also including the consolidation with other issues , shall be 9 August 3 , 2004 Town Board Meeting Approved September 13, 2004 determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town of Ithaca not to impose and collect from registered owners of such serial bonds any charges for mailing , shipping and insuring bonds transferred or exchanged by the fiscal agent , and accordingly , pursuant to paragraph c of Section 70 . 00 of the Local Finance Law , no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of', the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52 . 00 of the Local Finance Law , as the Town Supervisor shall determine . Section 11 . This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1 . 150- 1 . Other than as specified in this resolution , no moneys are , or are '. reasonably expected to be , reserved , allocated on a long -term basis , or otherwise set aside with respect to the permanent funding of the object or purpose described herein . Section 12 . The validity of such bonds may be contested only if: i 1 . Such bonds are authorized for an object or purchase for which said Town is not authorized to expend money , or 2 . The provisions of law which should be complied with at the date of publication of this resolution or summary thereof are not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within 20 days after the date of; publication , or 3 . Such bonds are authorized in violation of the provisions of the Constitution of the State of New York . Section 13 . It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 10th of 1 % of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law , the permission of the State Comptroller is not required for such improvement . I Section 14 . Pursuant to subdivision 6 (d ) of Section 209-q of the Town Law , the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins , which when so recorded , shall be presumptive evidence of the 10 i I August 3 , 2004 Town Board Meeting Approved September 13, 2004 regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement . Section 15 . Within 10 days after the adoption of this resolution by the Town Board , the Town Clerk shall , as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution , concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum . Section 16 . If no referendum is requested , or if requested , a referendum is held and the referendum approves the resolution , this resolution , or a summary thereof, shall be published by the Town Clerk of the Town of Ithaca , together with a notice in substantially the form prescribed , and containing the information required , by Section 81 . 00 of said Local Finance Law , such publication to be in the Ithaca Journal , a newspaper published in the City of Ithaca and having a general circulation within such Town . Section 17 . This resolution shall take effect immediately , unless a referendum is requested , in which event it shall take effect , if approved at such referendum , upon such approval . Section 18 . This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q and Local Finance Law Section 35 . The question of adoption of the foregoing resolution was , upon motion made by Councilperson Gittelman , and seconded by Councilperson Engman , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting Aye Councilperson Grigorov Absent Councilperson Lesser Voting Aye Councilperson Burbank Voting Aye Councilperson Engman Voting Aye Councilperson Gittelman Voting Aye Councilperson Stein Voting Aye The order was thereupon declared duly adopted . Agenda Item No . 9 - Presentation from County Youth Commission Regarding Recreation Partnership (continued ) 11 '�/(iJyy�Iyy' II August 3 , 2004 Town Board Meeting Approved September 13, 2004 Janice Johnson , from the Tompkins County Department of Youth Services , Liz Vance , Deputy Director of the Ithaca Youth Bureau , and Alan Green , Director of the Ithaca Youth Bureau introduced themselves to the Board . Ms . Johnson told the Board that in her capacity at the County she provides technical assistance to the Recreation Partnership Board . Ms . Vance described the Ithaca Youth Bureau as the provider of recreation programs for the Recreation Partnership . Janice Johnson distributed copies of the Recreation Partnership ' s newly stated values and goals . Ms . Johnson told the Board that three significant things had happened since Don Barber addressed the Recreation Partnership Board : 1 ) the adoption of the goals ; 2) design and adoption of a logo ; 3 ) a $6 , 000 donation from Wegman ' s . Councilman Lesser asked'' Ms . Johnson to explain her role in the Recreation Partnership to the Board . Ms . Johnson stated that she provides a little bit of staff support. She told the Board she does things like , " keep track of these goals when I work with the chair , and I develop the agenda . I 'can remind people we've accomplished this goal , we haven 't accomplished that. You know , let' s do some of this stuff. I ' m sort of the keeper of all of the paperwork in terms of minutes and all the past agendas and all of the appointments and resolutions and everything else that come from the variety of municipalities . I also track the money that comes in , money that goes out , reserve funds , funds that are being maintained in a variety of different pots for different things . I help support, staff support a variety of the committees , the finance ! committee , the sponsorship committee , and the evaluation committee . There was a bylaw committee I helped , I ' d bring drafts of the bylaws and do that . It' s only a small portion of my position . It' s not a large portion . " Councilman Stein asked what portion of her position these duties involved . Ms . Johnson told him 20 % . Councilman Lesser asked what she did with the remaining 80 % of her time . Ms . Johnson told him she supports the Youth Service System and explained that system as follows : "Tompkins County has a system in which they give funding to all municipalities in the County based on a formula and municipalities have to , in order to take advantage of those funds , do two things . One they have to have some sort of a committee , a volunteer committee , that they appoint to determine what the high priority needs are for young people in their municipality. And second , they have to match the funding . If they meet those two requirements then they get ', our money . So I assist municipalities with a variety of tasks that they ask me to do . Some , technical assistance to Youth Commissions that are appointed , community forums , needs 'i assessment, program evaluation , teach people best practice information . I do a significant amount of grant writing for some of the municipalities that are out there . I monitor programs to make sure that they really are serving the young people in the way that they've been intended to serve them . Our office has many other granting streams that come to us so I do work on a variety of those things , the Drug Task Force , Work Force Investment Act, Tanif ' money . It keeps me busy , a lot of night meetings when you work with volunteer boards , many night meetings . " 12 August 3 , 2004 Town Board Meeting Approved September 13; 2004 Liz Vance distributed information about the programs the Youth Bureau provides for the Recreation Partnership . Councilman Burbank asked Ms . Vance how the summer camps were going . Ms . Vance stated they were in their first week of the third , two-week session . Things are going well . Session two was a little bit over full capacity , session three is a bit under. Cass Park Day Camp is not quite at the maximum capacity , but it is fuller than it was last year. There were 81 children in the first session , 84 in the second session , and between 65 and 70 for the third session with last minute enrollment expected . Councilwoman Gittelman asked if they had ever had to turn a child away due to lack of funds . Ms . Vance told her no , there are scholarships and emergency assistance money available . Referring to the resolution from the Municipal Officers Association regarding the Recreation Partnership Councilman Burbank spoke of the idea of opening program proposals to other providers in addition to the City Youth Bureau . Both Ms . Johnson and Supervisor Valentino told Mr. Burbank that it was never intended that the City continue to be the sole provider of programs . Supervisor Valentino reported that the municipal officers were proposing the following : Formation of a 501 (c) 3 not-for-profit organization Seek other program providers in addition to the City Youth Bureau Utilize the paid coordinators from the Towns of Ithaca , Dryden , and Lansing , and the City of Ithaca Consider allowing the Town of Lansing to join the Partnership on a trial basis in exchange for their expertise and opening both their facilities and program to the Partnership . Mr. Green told the Board he felt the Recreation Partnership had been quite successful and encouraged the Town Board to work through their representatives to the Partnership Board . Supervisor Valentino agreed that the Partnership Board is exactly where things should be coordinated and worked on . Supervisor Valentino invited Joanie Spielhotz , City of Ithaca Representative to and 2004 Chair of the Recreation Partnership , to address the Board . Ms . Spielhotz stated her interest in seeing the partnership continued to move things forward . She felt the most important thing for her to do is to be an advocate for keeping the County involved in the Partnership . She reminded the Board that those serving on the Partnership were volunteers and looked to County staff along with municipal recreation personnel to move things along . 13 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Supervisor Valentino and Ithe Municipal Officers have two primary concerns regarding the current functioning of the Recreation Partnership . 1 ) the County' s 38 , 000 cash contribution and $ 13 , 000 in -kind support could hire a Deputy Sheriff or Public Health Nurse . The municipal officers are aware of the County' s budget crisis and are offering to step up to the plate and take on the responsibility of the Recreation Partnership . 2 ) The municipal officers are unwilling to continue contributing to the high costs charged by the City for general administration and facilities . Supervisor Valentino told the Board she had submitted an Op Ed piece to the Ithaca Journal detailing her concerns and the municipal officers proposal . Councilman Stein did not feel comfortable changing the Partnership rules so that the County was no longer a working member and felt that more important than the money was the fact that the County should be !,involved . He was not in support of the Municipal Officers ' four recommendations if it meant the County would be edged out of the Partnership . Supervisor Valentino told him the County would not be edged out if they wanted to provide staff support . She stressed that it is the municipal officers ' intention to step up to the plate , not force the County out . Supervisor Valentino told the, Board that the biggest elephant on the table and the thing that would eventually destroy the Partnership is the high overhead and facilities costs charged by the City . The Board discussed the facilities costs and Councilmen Stein and Engman asked for a copy of the consultant' s report on the facilities . I Councilman Engman suggested the municipalities consider paying the City a fixed percentage of facilities . Supervisor Valentino agreed and cited the fire contract and sewer agreements as examples . This is the direction she would like to go with the Recreation Partnership . Agenda Item No . 10 — Consider Approval of the 2005 Wage Scale I Councilman Lesser reported that the Personnel Committee discussed the wage scale and there was an opportunity for some of the staff to comment . Notes of those comments are attached to the resolution . Councilman Stein expressed concern over the increase in the personnel budget from 2004 to 2005 . He asked the Board to look at what the Town had to pay every two weeks in 2004 compared to what they will pay in 2005 and stated the increase that he gets is 8 % . He stated that 8 % was a big increase. and it comes from two sources . One source is 5 . 8 % and is the increase in wage for continuing people . The other 2 . 2 % comes from the fact that the Town has new employees . Councilman Stein stated that while he intended to vote in favor of the wage scale he did want to caution to Board that increases of this magnitude cannot be sustained . 14 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Councilman Stein expressed concern regarding the impacts of fixed dollar amount increases over a long period of time and thought the Town should not adopt a permanent policy that relies on fixed dollar increases all across the board . Supervisor Valentino and Councilman Lesser told him the Town Personnel Committee intended to take a look at a broad range of approaches to salary over the next year. TB RESOLUTION NO . 2004-129 : Approval of 2005 Wage Scale WHEREAS , on May 7 , 2001 , the Town Board established a Hiring Minimum and Job Rate for each Job Classification creating a Wage Scale program , which set the rates for each job classification with specific weights or values separating each letter grade ; and WHEREAS , the approved program is to have the Hiring Minimum and Job Rate increased annually based on a percentage or a flat amount as recommended by the Town Supervisor and Human Resources Manager to the Town Board ; and WHEREAS , after evaluating the Consumer Price Index as well as other factors , the Town Supervisor and Human Resources Manager are recommending a $ 1 , 040 for all salaried employees , $ 0 . 50 per hour increase for all hourly classifications on top of the 2004 Wage Scale' s Step three (see attached Wage Scale) and a 2 . 5 % increase for elected officials and appointed board members ; now, therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the recommendation of setting the 2005 employee wage increase amount at $ 1 , 040 for all salaried employees , $0 . 50 per hour increase for all hourly classifications on top of the 2004 Wage Scale ' s Step three (see attached Wage Scale) and a 2 . 5 % increase for elected officials and appointed board members . MOVED : Councilman Lesser SECONDED : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No . 11 = Discussion of Fall Newsletter Items Supervisor Valentino reported that the biggest thing in the fall newsletter would be the recreation survey. She invited board members to let staff know if they wanted to see other things in the newsletter. 15 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Agenda Item No . 12 — Consider Setting a Public Hearing to Amend the Fee Schedule for the Sale of Zoning and Subdivision Chapters of the Code of the Town of Ithaca This item was postponed until the October meeting . Agenda Item loo . 13 — Consider Acceptance of the Concept and Location and Proposed Dedication of Public Road , Utilities , and Park Land in Conjunction with the Westview 32-Lot Subdivision , Schickel Road (Attachment #7 — Final subdivision map) Mr. Kanter reported that the Planning Board granted preliminary approval in May . The preliminary plat was on display for Board review . The plat had an additional 1 '/z acres of park land that will be added to the Compton Park . Councilman Burbank asked what the total size of the park will be . Mr. Kanter will be about 3 acres and Mr. Burbank comment it was a very small park . Mr. Kanter stated that the current 1 . 5 park is tiny and because it is landlocked is of no use to the Town . The addition of the 1 '/2 acres will make it a useable neighborhood size park . Mr. Burbank asked if it was wooded or an open field . Mr. Noteboom told him it was scrub woods . Mr. Kanter added that it was not the kind of place you would put play fields , but it would be a nice quiet neighborhood place . Mr. Walker reported that the developer had agreed to put in sidewalks on both sides of the road . Mr. Burbank asked why the park was less than the 10 % , which could have been asked for. Mr. Kanter told him there are other subdivision that have smaller than 3-acre parks and this is what the Planning Board felt was appropriate for the neighborhood . Mr. Stein asked why the Planning Board would accept a 1 or 2 acres land locked park that is not useful . Mr. Walker told him he 'd have to ask the Planning Board in the late 1960s or early 1970s . Councilwoman Gittelman asked about stormwater management . Mr . Walker said it was interesting ; a number of the lots have incorporated diversions that are storage diversions on each lot line that will hold water for a period of time and then drain into the underground drainage system . The lower ditch is oversized so it will also provide some retention and treatment of the stormwate'r. We' re not creating a really large cost liability for the Town . There will be some monitoring needed because a lot of the stormwater will be individually owned by each lot and we 've put language into the resolution that we will require easements that will allow the Town to maintain it and charge the homeowners back for any maintenance that the homeowners do not do . One of the biggest parts of this type of stormwater management is the homeowners have to realize they have the responsibility to maintain the structures and we' re going to be working with the developer to make sure there' s some kind of language in the deed to reference that and an instruction manual on how to take care of your yard . We will have the ability to repair it if we have to and also the ability written into the deeds to charge the residents . 16 August 3 , 2004 Town Board Meeting Approved September 13, 2004 Mr. Kanter told the Board that they would be recommending to the Planning Board that Schickel Road Extension be named simply Schickel Road . Attorney Barney asked that "found them generally acceptable" be added to the 4th "Whereas" . TB RESOLUTION NO . 2004-130 : Acceptance of Concept and Location of Proposed Dedication of Public Road , Utilities , and Park Lane in Conjunction with the Westview 32-lot Subdivision , Schickel Road . WHEREAS , the Town of Ithaca Planning Board has granted Preliminary Subdivision Approval for the proposed Westview 32-lot Subdivision , located at the intersection of Danby Road ( NYS Route 96B) and Schickel Road , Town of Ithaca Tax Parcel No . 36-2-3 . 2 , Low Density Residence District. The proposal consists of 31 residential lots and a 1 . 5+/- acre lot for a park site located in the southeast corner of the property. Igor Chiekhet, Owner; Boris Simkin , Applicant ; William Albern , Agent ; and WHEREAS , the applicant for the above-referenced subdivision and development has proposed to dedicate Schickel Road Extension and Larisa Lane as public roads and public sewer and water lines , as shown on the survey map entitled " Final Subdivision Map , Westview Subdivision , " dated 22 June 2004 , prepared by Lee Dresser, L . S . , T . G . Miller P . C . , and WHEREAS , the applicant for the above- referenced subdivision has proposed to dedicate the 1 . 5 +/- acre parcel between Lots 12 and 13 , labeled " proposed parcel to be dedicated as Town Park , " as shown on the survey map entitled " Final Subdivision Map , Westview Subdivision , " dated 22 June 2004 , prepared by Lee Dresser, L . S . , T . G . Miller P . C . , to the Town of Ithaca for park and recreation purposes and for the purposes of connecting to and providing access via Schickel Road Extension to the adjacent Compton Park which currently has no direct access to it from Compton Road ; and WHEREAS , the Town of Ithaca Highway Superintendent , Director of Engineering , and Director of Planning have reviewed the plans for the above improvements proposed for dedication to the Town , and have found them generally acceptable ; THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the concept and location of the above-described improvements , subject to the following conditions : 1 . That the specific surveyed location , deed , and abstract showing good and marketable title for the proposed improvements be submitted in a form acceptable to the Attorney for the Town of Ithaca , Director of Engineering , Highway Superintendent, and Director 17 August 3 , 2004 Town Board Meeting Approved September 13, 2004 of Planning for the Town of Ithaca , prior to dedication and acceptance of the improvements by the Town Board ; and i 2 . That Final Subdivision Approval be granted by the Town of Ithaca Planning Board , prior to the Town Board accepting said improvements ; and 3 . Completion of Schi'ckel Road , Larisa Lane , all required utilities , and the water service and pressure improvements to the Danby Road/Schickel Road area , to the satisfaction of the Town Engineer and Town Highway Superintendent , prior to the acceptance of said improvements by the Town Board . MOVED : Councilman Stein I SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , Faye ; Councilman Stein , aye ; Councilman Engman , aye . i Agenda Item No . 15 = Consider Authorization to Accept Local Government Records, Management Improvement Fund Grant (Attachment #8 — Grant award letter) TB RESOLUTION NO . 2004-131 : Consider Acceptance of Local Government Records Management Improvement Fund Grant i WHEREAS the Town of Ithaca applied to the New York State Education Department for a Local Government Records Management Grant to fund work on the Town ' s justice court records ; and I WHEREAS the Town was awarded $ 10 , 548 . 00 for staff and shelving for the records management project; now therefore BE IT RESOLVED that the Town Board of the Town of Ithaca authorizes Supervisor Valentino to sign the Grant Acceptance Form and accept the funding on behalf of the town . I MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda Item No . 16 — Consent Agenda I 18 August 3 , 2004 Town Board Meeting Approved September 13, 2004 TB RESOLUTION NO. 2004=132 : Consent Aclenda Items . BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented . MOVED : Councilman Lesser SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004=132a : Town Board Minutes of July 12 , 2004 WHEREAS , the Town Clerk has presented the minutes for the Regular Town Board Meeting held on July 12 , 2004 , to the governing Town Board for their review and approval of filing ; NOW, THEREFORE , BE IT RESOLVED , the governing Town Board does hereby approve for filing the minutes for the meeting held on July 12 , 2004 as presented at the August 3 , 2004 board meeting . MOVED : Councilman Lesser SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO. 2004-132b : Town of Ithaca Warrants . WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 19 August 3 , 2004 Town Board Meeting Approved September 13, 2004 General Fund Townwide $ 40 , 500 . 92 General Fund Part Town $ 21602 . 17 Highway Fund Part Town $ 66 , 642 . 68 Water Fund $ 121716 . 79 Sewer Fund $ 2 , 813 . 70 2003 West Hill Water Tank Improvement $ 15 , 924 . 81 Bostwick Rd Water Tank & Transmission Line $ 41903 . 37 Coy Glen Pumpstation / Pipeline $ 21 , 176 . 23 Rick Retention Fund $ 123 . 28 Fire Protection Fund $ 224 , 804 . 21 Forest Home Lighting District $ 171 . 70 Glenside Lighting District $ 62 . 62 Renwick Heights Lighting District $ 87 . 49 Eastwood Commons Lighting District $ 179 . 90 Clover Lane Lighting District $ 20 . 73 Winner' s Circle Lighting District $ 60 . 78 Burleigh Drive Lighting District $ 64 . 08 West Haven Road Lighting ' District $ 238 . 71 Coddington Road Lighting District $ 140 . 97 Debt Service $ 747 . 10 TOTAL : $ 393 . 982 . 24 MOVED : Councilman Lesser SECONDED : Councilman Stein li VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilman Burbank , aye ; Councilman Lesser. Aye TB RESOLUTION NO . 2004A 32c : 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 20 August 3 , 2004 Town Board Meeting Approved September 13, 2004 RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers . Voucher Numbers : Check Numbers : Operating Fund $ 127 , 381 . 30 1998 SCADA Capital Project $ 27361 . 53 2002 Office Space Addition $ 66 , 934 . 28 2003 East Hill Tank Project $ 800 . 00 TOTAL $ 197 . 477 . 11 MOVED : Councilman Lesser SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilman Burbank , aye ; Councilman Lesser, aye . TB RESOLUTION NO. 2004- 132d : Set Fall Yard Waste Collection Dates WHEREAS , the Highway Department provides yard refuse disposal services for the Town of Ithaca residents ; WHEREAS , twice annually the Highway Department collects yard waste from roadsides ; WHEREAS , this year the Highway crews will use the leaf vacuums the first week and go around the Town once , thereafter, residents will be allowed to put biodegradable paper bags at curbside on the each Monday in November, now therefore be it; RESOLVED , that fall brush collection will start on October 12 , 2004 , until finished ; and RESOLVED , that the fall leaf and yard waste collection will commence on November 8 , 2004 , until finished . MOVED : Councilman Lesser SECONDED : Councilman Stein 21 August 3 , 2004 Town Board Meeting Approved September 13, 2004 VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , ', aye ; Councilman Stein , aye ; Councilman Engman , aye . i TB RESOLUTION NO , 2004-132e : Sale of .Surplus Items WHEREAS , a municipal auction is held every year at the Lansing Town Barns ; and WHEREAS , The ,Highway Department will put the following in the auction in September: 1993 Mack 10-wheel dump truck , 1999 Ford F250 3/ ton 4x4 pickup truck with V plow, 1994 Case 590 backhoe ; and a 1996 Giant leaf vacuum ; and WHEREAS , The following computer equipment will be sent to the auction : one Digital PC , two Compaq Prosigna PCs , 4 Compaq PCs , one P2-400 MT PC , one HP LaserJet printer, one Viewsonic monitor, one Goldstar monitor, one Gateway monitor, one ViewMate monitor, one Compaq monitor, one CTX monitor, and one Sanyo monitor; now therefore be it ; RESOLVED , that al 1993 Mack 10-wheel dump truck , a 1999 Ford F250 3/4 ton 44 pickup truck with V plow, a 1994 Case 590 backhoe ; and a 1996 Giant leaf vacuum be placed in the auction with the money from the sale going into the Cash Reserve—Highway Equipment ( DB230) account ; further be it 'I RESOLVED , that one Digital PC , two Compaq Prosigna PCs , 4 Compaq PCs , one P2- 400 MT PC , one HP LaserJet printer, one Viewsonic monitor , one Goldstar monitor, one Gateway monitor, one ViewMate monitor, one Compaq monitor , one CTX monitor, and one Sanyo monitor be placed in the auction . MOVED : Councilman Lesser i SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . TB RESOLUTION NO . 2004k132f: Ratification of Highway Superintendent' s Appointment of Laborer WHEREAS , there has been a vacancy in the full time position of Laborer for the Highway Department , since , April 1 , 2004 ; and 1 22 I August 3 , 2004 Town Board Meeting Approved September 13, 2004 WHEREAS , the Interview Committee comprised of Highway Superintendent, Deputy Highway Superintendent, Parks Maintenance Manager and Human Resources Manager, interviewed six candidates ; and WHEREAS , the Committee has determined that Jonathan Munson possess the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and WHEREAS , Mr. Munson has been working for the Town as a seasonal laborer, since April 12 , 2004 and was a seasonal laborer for three months in 2003 , and WHEREAS , Fred Noteboom , Highway Superintendent appointed Jonathan Munson as Laborer, to be effective August 23 , 2004 ; Now, therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Highway Superintendent, of Jonathan Munson as Laborer, effective August 23 , 2004 ; and be it further RESOLVED , this is a 40 hours a week position , at the hourly wage of $ 13 . 25 , which is an estimated annual salary of $27 , 560 , from Public Works account numbers , in Job Classification " i" , with full time benefits ; and be it further RESOLVED , a mandatory twenty-six (26) week probationary period applies , which ends February 20 , 2005 , with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Highway Superintendent . MOVED : Councilman Lesser SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . Agenda item No . 17 — Report of Town Committees Agricultural Committee (Attachment #9 — Notes from Agricultural Committee Meeting , Letter from Agriculture and Markets regarding Zoning Ordinance and Attorney Barney' s comments ) The Board received copies of the minutes from the committee' s last meeting in their packets . Councilman Stein attended the in place of Councilman Engman . Mr. Stein reported that the 23 i August 3 , 2004 Town Board Meeting I Approved September 13, 2004 committee went through �i the documents prepared by Attorney Barney regarding Ag and Markets comments on the Town ' s new zoning ordinance . Councilman Stein reviewed with the Board the Committee's concerns as outlined in the meeting minutes . 1 . In response to lithe committee ' s objection to the use of the term " in general " , Mr. Barney explained that there are some requirements that deal with the erection of farm housing , the use of mobile homes or elderhousing for example , which even in an agricultural district require an opportunity for special permit . By in large , most agriculture buildings do not require a special permit . Stein thought it might make it clearer to them to say "except for the restrictions that are made in the code 2 . The committee expressed concern about a 500 ' setback for grazing or fencing . Mr. Kanter stated that Councilman Engman had called about this and Mr. Kanter went back and looked through the entire setback provisions . There is nothing in the range of 500 feet and he wasn 't sure where that came from . 3 . In response to the committee ' s concern regarding special permit requirements for equestrian facilities , Attorney Barney stated it is only in the conservation zone and in a low-density residential zone . In those it does require a special permit . In an ag zone it doesn 't , and the answer as to why , in a low density residential zone , it' s a use that' s a little bit inconsistent with residential . Councilman Stein thought they might be confused . 4 . The committee felt a limit of 500 square feet on a roadside stand was an unreasonable infringement and they don 't see what the Town is trying to accomplish with this restriction . Attorney Barney thought the answer to that , from the discussions that went on in the committees that developed this , was that a roadside stand was to be something that was clearly ancillary to the main thrust of an agricultural concern . It was not to be a large building that was itself going to be something that was not really related to the products that were developed on the property . 500 sq' ft is an arbitrary line , but so would be 750 feet , or 250 feet . After a lot of discussion the committee felt , to make it 500 square feet . This board has the capability of !changing that number. Councilman Stein said they felt the 500 square feet would limit a nursery road -side stand because that requires a big green house . Mr. Kanter stated the regulation did not include greenhouses or nurseries , the intent was not to limit those in size but to limit a portion where sales would be occurring . So it's the roadside stand specifically that would be limited , not the greenhouses . Councilman Stein reported the argument they made was if you really mean to limit them to selling the products that they grow then in fact it' s not economically viable . 24 I August 3 , 2004 Town Board Meeting Approved September 13, 2004 Agenda item No 7 = SEQR regarding a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Prowect in the Town of Ithaca , Tompkins County, New York Pursuant to Article 12=C of the Town Law (Attachment #6 — SEQR) TB RESOLUTION NO 2004=127 : SEQR regarding a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Proiect in the Town of Ithaca , Tompkins County, New York Pursuant to Article 12 =C of the Town Law. WHEREAS , The Town Engineer has prepared a report and map for the proposed water improvement to be known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement, consisting of approximately 4 , 000 feet of water main from Danby Road across Ithaca College ' s property east of Danby Road crossing Coddington Road and across the Therm property to the existing pump station at Pearsall Place together with related controls and other structures (the " Project") ; and WHEREAS , a Short Environmental Assessment Form has been prepared by the Town Engineer describing the environmental impacts of the Project and recommending the Town Board make a determination that the Project will not have any significant adverse environmental impacts ; NOW THEREFORE BE IT RESOLVED , that the Town Board hereby determines that the Project is an " Unlisted Action " pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the related laws and regulations of the Town of Ithaca ; and it is further RESOLVED , based upon the information and conclusions set forth in the Short Environmental Assessment Form as reviewed and considered by this board , and other information available to the Board , the Town Board hereby determines that the proposed Project will not result in any significant adverse environmental impacts . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Stein , aye ; Councilman Engman , aye . 5 i I I August 3 , 2004 Town Board Meeting Approved September 13, 2004 I TB RESOLUTION NO. 2004-128 : Public Interest Order — South Hill Water Transmission Main Improvement Agenda Item No . 8 - Consider Adoption of Public Interest Order regarding a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in the Town of Ithaca , Tompkins County, New York Pursuant to Article 12 -C of the Town Law TB RESOLUTION NO . 2004-128 : Public Interest Order — South Hill Water Transmission Main Improvement At a meeting of the Town Board of the Town of Ithaca , Tompkins County , held at the Town Hall , 215 North Tioga Street , in the City of I Ithaca , New York , on the 3rd day of August , 2004 , at 5 : 30 o 'clock p . m . prevailing time . PRESENT : Supervisor Catherine Valentino Councilperson William Lesser Councilperson Will Burbank Councilperson Herbert Engman Councilperson Sandra Gittelman Councilperson Peter Stein ABSENT : Councilperson Carolyn Grigorov In the Matter of the Proposed Water Improvement in the Town of Ithaca PUBLIC INTEREST Tompkins County , New York , ,pursuant to Article 12-C of ORDER AND BOND The Town Law to be known as the Town of Ithaca RESOLUTION 2004 South Hill Water Transmission Main Improvement ................--........-............................... WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore hasi been determined by the Town Board of the Town of Ithaca , Tompkins County, New York , relating to the creation and construction , pursuant to Article 12- C of the Town Law of water system improvements to be known and identified as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement, and hereinafter also referred to as " Improvement" , to provide such water system improvement to the present Town water improvement , such Improvement to be constructed and owned by the Town of Ithaca , and ,I i I 6 O M O OI 0 0 0 O 0 O O O O 00 LO O O c U7 � � Lf) LO M 00 Lc) L() � N Lf) Lf) � N U) N ti Lf) m W (vi O O O 4 00 d' O U) (C) Oi O O U) Lf) O O a) � v ' > In N � O � 00 LO r 0 N r 0 �- Z N ai co N C>D O �— N CO m ,.n m ca E 0 Lf) 00 N v 0 � °' a m m M M M M M N M o 'c y ' T -� E m v c 0 c � m c 1° d3 64 64 EA 64 EA 64 EA 64 64 64 6) 64 64 64 64')l 64 64 d3 m y a> m rn E as E m E O MOO 0 � 00 0000 0000 v m Lf) O qKt (D L ) c0 00 O U) 0 N Lf) Lf) (C) N LO m y 0 ti O O 0 LO 4 0 O M 0 0 U) N U) O C � ti N 00 00 � 0 qt � 0 = E 3 M O 0 00 N O � M ` c 3 2 � � 8 M M CT ce) M N N N N Lo «� �+ 16 3 � 0 3 y a 12 MONSON 64 64 64 6). 64 64 64 64 6A 64 E9 64 64 69 6) 64 " C ± m -D y a m m vl O c O a� N N N L T 0 ` O L a) L j > > y O L U L T y o O m CD (D fa LO N LO f9 E > c 4) m > ' m O y p CA .? p @ p r Y U Y U Y U Y U to 3 CL C co a « a j L d E E E 3 3 y 3 y Y N o> >. z w m w w i 7 L 7 L 7 L 7 c co • • r r L > ` O L >+ ` O L >+ ` O L 0+ ` O a •m � cn � �@ F LO L 0 LO LO i � � O O L% O O a) O w pO M t aM 2 � Olt M 2 v a F- U (A z O CM C) 00 LO O e- 0 0 0 qq* ► LO 0 0 ( 0 LO 0 LO LO co O M ti M O M C0 0 0 c1d ti �o O � N (D N u rn N 0 r ` 00 I� LO LO 'q r M � � � LLI N OD I `( O N CD Lf) - c m Coo m a� 00 O M ao O > m co a M M M M M M a y . > o c dD m U a)N C N O c M c O m O a7 c C 7 E N N E ` E p O E m ' m m y m E 6A 6A 64 64 Ef3 fA ER EA 6A 64 64 64I 64 64 64 64 64 64 690 �_ Y N 'D f I x C CO O M O j 00 Lf) i- 0 � O O O Lf) LO 0 0 0 c n E > 3 j O O O N N N O N LO � 0 � N � 0 �- E 2 O� N r- 0 � � N � CD 0 r ((O c io 3 v E N (D (D � 00 LO aDO c .3 0 2 (h LO 0 CO h M Lf) N N 3 o m o m •o M co N M N N N N N L L o m a O +. 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O O OI f` O O 4) � O O a) O O a) N E co OL o p co 2 v a M 2 a m 2 v a M 2 � a f- U U) z O O O LO O LO O LO O O O LO O LO O LO U) 0 LO 1 0 0 0 CO LO � 0 CC) 0 � 0 CD LO e- O CD N CO N LO 00 N O N ti N C ) O LO N O N � N O 0 0 ti 0 `m LO � � `Lt � � 69 M � cM 69 . 0 r- M 69 � v c 00 64 M (Al CC) O 69 O LO 64 � m m c cry m m am Ix M M M M M M N N m > c o o c > a 2 n MC 64 64 64 64 69 (Al 64 64 6A Fd? 64 64 c m c m rn N a C O O O LO O LO O LO O O O LO O Lf) O U) _ :3 rn E m O �tOCO LO CD O0 0000 LO (0 OCC) c a > 'S > O CO N O (0 T .. 0 l� T-- M 0 E N O m c m m rn E c0 c- 0 In 00 ti N c a E '� _ ' M M 00 0 CC) N � LO w > x d � (D N M N N N N N � m o z t O N � o d a 64 EA 64 E9► 64 EA 69 61, 64 69 69 64 64 64 64 EA cn �' v c m a m a 7 p 'O d ai g d o m m L U O a) N a) � � Ln d t E + (D cu � � T _O y E pm y j Oy 16 8 W w Co 00 a C G d d d Y C Y U Y U Y U N d o > O O j 3 Y 3 Y C Y a Co CA •C7 m E 'S E E L = L = z ` O t >% ` O mc y p a n S z W = w w Lo ] ` L L L j c m N L Ih D O a) � O O a) O O O O O (D N f�0 ~ M 2 �} a co 2 � a M 1: 44T p. M 2 cr a F- U (n z L ++ O C (0 (0 ; L C CL _ � L L >> c cu LO •� L �_ Q O ~ m m U m _N •C O y Y Q L c t''n C� Z CZ •- c6 _ w (D � U U c O a) C O c (0 C m w U a U) c m U a) } o c c X m Y o C� •C- � c u a a L L •c O c o 'a •� c CD (n � O � 'y � 3 o C m Q a� LL c ~ H w ° V m co t° Z' U a c a) L w m C cc �, c T c _c > o v 'c 'rn m o c o o v� o p vyi c 'm ►; i Y i U I I _� . 1. . � j TOWN OF ITHACA 2005 BUDGET Draft 7/30/2004 $ 0. 50 $ 1 ,040 NON-CLASSED EMPLOYEES Approved % : 1 2 . 5% 102. 5% OYEE 2004 BUDGET 2005 Budget % increase T ustices ( Paid bi weekly) Larki •larence $ 14 ,472 .00 $ 14,472 .00 0 .0% Klein, David $ 14 ,472 .00 $ 14,833 .80 2 . 5% Interim Justice $200 wk/ 52 wks $ 10 , 000 . 00 $ 10 ,400.00 4 .0% Town Board Per member for year $ 7 , 570 .00 $ 71760 .00 2. 5% Elected Officials (6 members Paid 4x year) $ 45,420 .00 $ 463560 .00 Town Supervisor/Fiscal Officer (bgt= 21 . 19*832 hrs) $ 437000 .00 $ 17 ,630. 08 2 . 5% Administrator function for Town (bgt = 21 . 19* 1248 hrs) $ - $ 26,445. 12 Deputy Town Supervisor(bgt= 10hrs @$9 .62 '03=25hr $ 59000 .00 $ 51125.00 2 . 5% Receiver of Taxes $ 51330 .25 $ 5,463 . 51 2 . 5% Planning Board Members Per Meeting : $ 66 .90 $ 68.57 2 . 5% Per meeting x 24 meetingsx 6 members $ 99352 .26 $ 99874 .44 Per Meeting : $ 72 . 50 $ 74 . 31 2 .5% Planning Chairman (24meetings) $ 1 , 740. 00 $ 19783 . 50 Zoninc i Board Members Per Meeting : $ 66 . 90 $ 68. 57 2. 5% jeeting x 15 meetings x 5 members $ 41870. 97 $ 51142. 94 Total Non-Classified : 153,657 .48 $ 157 ,730 .38 2. 7% Est. 2005 Budget Actual 2004 Budget per person not per person not line line Difference % CHANGE Non-Classified (elect, $ 153 ,657 .48 $ 1573730.38 $ 41072 .90 2 .7% Personnel $ 21220, 145.38 $ 2,362,979 .53 $ 142 , 834 . 15 6 .4% includes longevity TOTAL $ 23373,802.86 $ 21520,709.91 $ 146,907 .05 6 . 19% $ 12 ,215.09 Adopted Budget Salary Budgets for for . 100 & . 101 & . 110 % increase $ Increase 2005 $ 21532,925.00 6 . 69% $ 158 ,725 .00 + 1 laborer+ 2 temps + Code Enforcer 2004 $ 21374,200 .00 8.23% $ 180 , 580 .00 27pays + Rec/Youth 2003 $ 2, 1931620 .00 7.34% $ 149,970 .00 2002 $ 21043 ,650 .00 8. 19% $ 154 ,623 . 38 2001 $ 11889,026.62 19.23% $ 304 , 718.40 *7/01 reclass 2000 $ 11584 , 308.22 1 .95% $ 30,353.22 1999 $ 11553 ,955.00 12 .02% $ 166 ,743 .00 1998 $ 11387,212 .00 4.49% $ 599624 .00 1997 $ 19327, 588.00 7. 57% $ 939461 .00 1996 $ 1 ,234 , 127 .00 5.81 % $ 67 ,728. 00 1995 $ 11166, 399.00 9. 59% $ 102,081 .00 1994 $ 19064 ,318.00 1 . 82% $ 19,043.00 1993 $ 19045,275.00 TBMtg: 10/2103 ='04 +$10402005 Budget prepared by Judy Drake I i 000 O 000 0000 000 O 000 0000 Ln '> 000 0 000 0000 O m LO LO Ln � LO LO Ln LO 0 Ln O � cm Ln M CO h O 0) LO M M � � O ° � a 69 69 EA V)� 6c) 613 69 Efl 6A 69 a) cn Cn = O T o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m O O O Z% CO U.) � M O M Ln LO IT qT � � qt � 0) M t� M I� C� � � � � � _ >� CC D. 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N DDS 00 000 ' p o o .5 0 o LL w w o c o c 0 o u w F- p pQp 0 m Ix w � ., m 7 7 a o � o � c o w w w o m 0 o o www zz zzz �' F- > N N N e►� g q (L co M Mm co M co Q Q Q CD > co co co W W w Q W LL w LL 3 0 0 (9 (9 O (n (A Sr7 0 0 (9 0 N u o m ca >T m O >T = m O Cl) > m N r� August 3 , 2004 Town Board Meeting ATTACHMENT # 6 UU l 11110 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART l - PROJECT INFORMATION (To be completed by A plicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name South Hill Transmission Water Main Phase 11 Town of Ithaca 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) Crosses South Hill Starting at Pearsall Place Pump Station, crossing the Therm Property to Coddington Road then Running across Ithaca College Property to Danby Road. Tax Parcel Number : 4. Is proposed action : NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Project is construction of approximately 4000 lineal feet of 16" DIP water main to serve as a transmission main to serve the Town of Ithaca South Hill, Inlet Valley and West Hill water service areas. The project will eliminate the need to depend on the existing undersized distribution system in the Town and City of Ithaca as the primary distribution main. The project will improve efficiency and reliability of the existing water distribution system . The project will not increase the water service area Attach separate sheet(s) if necessary to adequately describe the proposed project.) mount of land affected : iall (0-5 rs) 4.5 Acres (640 rs) (>10 rs) Acres Area disturbed during construction now is land zoned presently? Light Industrial , High Density Residential , Medium Density Residential 8. Will proposed action comply with existing zoning or other existing land use restrictions? j Yes_X_ NO If no, describe conflict briefly: I 9. Will proposed action lead to a request for new : Public Road ? YES NO X Public Water? YES NO _X_ Public Sewer? YES NO _X_ ' 10. What is the present land use in the vicinity of the proposed project? Residential X. Commercial Industrial X. Agriculture Park/Forest/Open Space Other_X_ Please Describe : Educational Institution (Ithaca College) i I 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local ?) YES_X_ NO If yes, list agency name and permit/approval/funding: i NYS Department of Health, Approval of Water Supply I 12. Does any aspect of the proposed action have a currently valid permit or approval ? YES NO_X_ I If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or pe) . _Daniel R. Walker, Director`\ofEngineering, Town of Ithaca_ j Signature and D I PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) oes proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? ES NO X If es, coordinate the review process and use the full EAF. ill proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain- briefly: None Anticipated, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. 6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: None Anticipated. 07. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated, D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff CB., other attached. (Check as applicable.) PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) I 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 j 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 ana sis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse vironmenta impacts AND provide on A chments as necessary the reasons supporting this determination. C Town of Ithaca Town Board � Name of Lead Agency Preparer's Signature(If different from Responsible Officer) Catherine Valentino, Town Supervisor Name & title of Responsible OFIcer In Lead Agency Signature of Contributing Preparer 'u .4 DATE : U 0 ature of Responsible Officer in Lead Agency i j • ILlfl � ll.l ' I 1 li] MS ° ANIL IJ ` ", `:cam c22'GG I � r r �• Z N I- 'mat— c �oroat oo,ia{ m Law I n w1 a _... 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Z - SNmiF SET FOUND UU°°�T S 78013041@0 E 3. 17' LOCATION MAP N - - N - 4 '54 " W 97014 ' PIN TOTAL TOE - - R n — . SET S 77'2 4 " E 970. 14 ' TOTAL FROM PIN '• � ' , N S7 I prvpQ r p �l I r 3 Pat O D4VK 6 JANICE KENERSON (R.O.) p4 0 UND C 1465 MECKLENBURG ROAD N.Y. B]a 301 B 3 a< � N PINS BRUSH Pat latili PIN N _ O Z Aoefel L e 9[YUKY 0. Kl M%PN (wa) (J 1413 KEGKL ROAD Q I HMICA. N 64.1 r7D LO d PARCEL B C a 0) A FOUND of C�eV6r TITLE INFORAMTION _e A PARCEL q � � r y ^ GARY AND LISA FERGUSON Z PART OF DEED, BOOK 890 PACE 191 CULTIVATED FIELD TAX MAP PARCEL 28- 1 - 1.2 AREA ar 5.00 ' ACRES NET ' IJ• I ��1 PARCEL B [�,� GARY AND LISA FERGUSON PART OF DEED BOOK 890 PACE 191 i` P/O TAX MAP PARCEL 28- 1 — 1 .J � OPEN FIELD AREA xv 40.34 ACRES NET N PARCEL C W $ GARY AND LISA FERGUSON PART OF DEED BOOK 890 PACE 191 P/O TAX MAP PARCEL 28- 1 — I .3 AREA 2.01 ACRES PIN s6r S 76' 13 '58 " E 25 0 ' tt IV 1 = p N q 1463 BM CKL=R(D RA10 — Q eJ � IIIUG�?Y. S_78' 8 '06 " E 561 . 34 ' � � raj I PROPOSED 30' R.O.W. RESERVED FOR INGRESS tr DRESS FOR PARCEL C. SEE NOTE 2. N PARCEL C 13 3 I O (0 to NOTES to h I.) PARCEL B REPRESENTS A PROPOSED PARCEL TO BE GRANTED FOR AN AGRICULTURAL CONSERVATION LOA EASEMENT. pl Ln 2.) 30' X 561 ' STRIP REPRESENTS A PROPOSED ACCESS 2 q TO BENEFIT PARCEL C. LOCATION CAN BE CHANGED O N 7601j ,5 W 250. 00 ' d PER MUTUAL AGREEMENT BY ALL PARTIES. I PW — — laD cr J.) PARCEL C REPRESENTS A PROPOSED ACCEPTABLE DEVELOPMENT AREA FOR FUTURE HOUSE. 0 O i W 127p I REFERENCE MAPS I) REFERENCE IS MADE TO A MAP IITLED ROBERT L. AND BEVERLY D. KENERSON' DATED FEBRUARY 1968 BY GEORGE C. SCNLECHT, L.S. I FILED ON 613011992 IN MAP DRAWER U SHEET 84. z V;ft%z C 4 2) REFERENCE IS MADE TO A MAP or E.D. CRUMB, L.S. DATED MAY 5, I V, �iy l,f`41. 1959 AND FILED IN MAP BK. F— I PAGE 89 l� f (" 3) SURVEY MAP TITLED ^SURVEY MAP PORTION OF LANDS OF MARIE Q VAN NEDERYNEN' DATED MARCH 26, 1983 BY K.A. BAKER, L.S. AND FILED IN UBER 595 PAGE 187. 3 8009 . 7i • !� 4) SURVEY MAP TITLED SUBOMSION MAP NO. 1485 MECKLENBURG RDA 49.5' WIDE I \� CLUED 9/5/2000 BY LC. MILLER, P.C. AND FILED IN THE TOMPKINS COUNTY CLERKS OFFICE. \ OODS II Surveyor's certificate: To the Town of Ithaca ( t) the plot represents a survey made by ,u him. (2) the plot is a correct representation of oil salarior boundaries of the land survey) 5 and the subdHisien at it. (3) all monuments indicated an the plat actually aslel qnd their, location, site and material Ore correctly shown, and (4) the requirements of t he * and New York Stale laws relating to subdividing Ono surveying have been eo t so regulat with. M� pipe OLD NEOGEap ALONG ( ro LEE DRESSER, L.S., Lic. /050096 Dale Pf 7'OUND D \ FOUND A - a 333.43' PIPE TO ----N 77*4 '03 " 97 .34 ' TO AL TO to PIPE 4NMMM q Mf YV wlr ,-'.rill sill SHEM Suisse!". N s[C1ox rlaa !I ISN[T YRWD b NFIEN DRAKC (A. x"011 use w nIR'mre = R 435 69 WOOD Greg LANE nReAlpi rIK w Mn;= W AYW 4921432 rV a01VI "TIM My W 5fto N VdL ar aK Mww U141 1ilAhslgR eap5[ 119101111[ Issues Klelsl. I )F ITHON AND USA FERGUSON TITLE : SURVEY MAP REVISED 7F ITNAfA CROSSMAN, DUBOW k MARCUS Ir I correctly New elfin hale Licenaa G SHOWING CONSERVATION EASEMENT AREA 1 correctly delinealee on eroa accordance me or y de by under direct FOR LANDS OWNED BY GARY & LISA FERGUSON Ma me orwith the and IiUe surveys adaPled by T. C. MILLER P. C. 4o/eseianal land Surveyors; is shown her either wog ENGINEERS AND RA STREET TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK is shown hereon. M3 �� STREET l . P.O. BOK 777 DATED: RNAUI NEW YORK 141131 DATE: SCALE: s/o l /zooz s02465 ) "_ . 120 I i August 3 , 2004 Town Board Meeting ATTACHMENT # 8 4�IVERI w oFp� THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW t YORK / ALBANY, NY 12230 The New York State Archives Tel. (518) 474 -6926 Grants Administration and Program Support Unit Fax (518) 486 - 1647 OF I1�' 9A81 Cultural Education Center E-mail: Archgrants @mail .nysed.gov Albany, NY 12230 - July 8 , 2004 r- ---� L; 1 � I i , Project Number: 0580-05 -5603 i Tee-Ann Hunter, Project Director `� U 2��4 Town of Ithaca 215 N. Tioga Street ATTEST -- Ithaca, NY 14850 ITHACA TOWN CLEgK Dear Ms . Hunter: On behalf of the New York State Archives, I am pleased to inform you that the Commissioner of Education is offering a Local Government Records Management Improvement Fund (LGRMIF) grant for $ 10, 548 . Grant award documents will be finalized and mailed to you shortly. If you accept this grant offer, please complete, sign, and return the enclosed grant acceptance. You will receive payment as follows subject to Division of the Budget allocation of funds for this program after emergency appropriations are provided or the State budget is enacted : 1 . 50% of the award when we receive the Grant Acceptance Form signed by your Chief Administrative Officer or designee . You will receive the first payment approximately four weeks later. 2 . Up to 40% of the grant will be released when you submit form FS-25 Request For Funds For a Federal or State Project to the State Education Department ' s (SED) Grants Finance Unit. 3 . The remaining 10% will be released when the project is completed and the Grant Project Final Report Forin (FR- 1 ) and the Final Expenditure Report (FS- 10-F) have been submitted to the State Archives Grants Administration and Program Support Unit and are approved by the Grants Finance Unit. 4. You must complete all project work and expend all funds no later than June 30, 2005. We will provide the Project Director with guidelines explaining the full process at a later date . If you have any questions regarding this offer, you may reach me at (518) 474-6926 . Sincerely, Thomas D . Norris Director of Grants Administration and Program Support Unit cc : Region 06 att : Local Government Records Management Improvement Fund (LGRMIF) 2004 — 2005 Summary of Reviewers ' Recommendations Local Government : Town of Ithaca Project Number : 0580-05 - 5603 Summary : The reviewers determined that the staff hours requested were excessive based on the specific tasks outlined in the project proposal . Therefore a total of 500 hours at $ 16 . 50 per hour or $ 8 ,250 were recommended : 250 hours to index back cases using SEI software and 250 hours to process the 50 cubic feet of paper files described in the application. Employee benefits were revised to $ 677 based on the reduced level of staff salaries. The reviewers determined that the software upgrade was not sufficiently justified in the narrative as being necessary to accomplish the specific objectives of this project and thus recommended funding for it be removed from the budget. They recommended investigating funds available through the Unified Court System for upgrades of this nature . IVElf& THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW ti�g� FF� 0) YORK / ALBANY, NY 12230 The New York State Archives Tel. (518) 474 - 6926 4� Grants Administration and Program Support Unit Fax (518) 486 - 1647 ; tTE OF N 9A81 Cultural Education Center E-mail: Archgrants @mail .nysed.gov Albany, NY 12230 LGRMIF Grant Acceptance Form Local Government : Town of Ithaca Project Number : 0580- 05 -5603 Budget Summary : Code 15 Professional Salaries $0 Code 16 Support Staff Salaries $ 8,250 Code 40 Purchased Services $ 0 Code 45 Supplies and Materials $ 19621 Code 46 Travel Expenses $ 0 Code 80 Employee Benefits $677 Code 90 Indirect Cost $0 Code 49 BOCES Services $0 Code 30 Minor Remodeling $0 Code 20 Equipment $0 Amount of Grant Award : $ 109548 1 hereby accept a grant from the Local Government Records Management Improvement Fund in the amount indicated above and agree to comply with all reporting requirements. These funds will be expended in accordance with the budget as detailed above and approved by the State Education Department. Chief Administrative Officer : Signature : Title : Date : Complete this form and return it to: If you have any questions, please contact the The New York State Archives Grants Administration and Program Support Unit: Grants Administration and Program Support Unit Telephone: (518) 474 - 6926 9A81 Cultural Education Center E-mail: archgrants @mail.nysed.gov Albany, NY 12230 August 3 , 2004 Town Board Meeting ATTACHMENT # 9 Notes from a 7/119 meeting of the Agricultural Committee Remaining Concerns of the Agricultural Committee regarding the new Zoning Ordinance I. John Barney 's response to the July 17 , 2004 List of Ag . Comm . Concerns a. Page 1 , first italicized paragraph What does " in general " mean ? b . Page 1 , second italicized paragraph Demanding 500 ' setbacks for grazing or fencing is unreasonable . The committee understands the need for setbacks for storage of manure and compost, and for certain agricultural buildings , but feels that 500 ' setbacks deprives them of the use of too much of their land . U. John Barney 's comments on the January 26 letter from Ag & Markets to Jon Kanter a. Response to #3 . Why should an equestrian facility require a special permit? b . Response to #5 . Why the 500 sq . ft . limit . What is the the restriction trying to accomplish ? 500 sf is not nearly large enough for a greenhouse , which is required for nursery sales . What is the " one so-called roadside stand [that turned] into an almost full service grocery store " ? Is it Eddydale ? If so , it certainly is not close to being a full service grocery store c . Responses to # 12 and # 14 . When there is a conflict between concerns of residents and Ag and Markets requirements , the Ag and Markets requirements take precedence . Other Concerns and Requests to be transmitted to the Town Board 1 . They would like to add another member to the Committee to represent another farming family who is not currently represented . 2 . In many places in Mr. Barney 's response , it is stated that certain uses will be allowed upon receipt of special approval . Members of the committee find the requirement to seek special approval overly burdensome . Fees are levied, and they find themselves confused by the labyrinth of the town bureaucracy. They have often found that they have approached one body and have been told that it was the wrong place to bring their complaints . At other times , their request was approved by one body and rejected by another. Peter Stein , substituting for Herb Engman u . STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 Winners Circle Albany , New York 12235 Division of Agricultural Protection and Development Services 518-457- 7076 Fax. 518457-2716 January 26 , 2004 Jonathan Kanter, AICP Director of Planning Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 Dear Mr. Kanter : This letter is to confirm the meeting between the Department and the Town of Ithaca on February 5th at 12 : 30 p . m . at the Town office . The purpose of the meeting is to review remaining issues concerning the Town of Ithaca ' s Zoning Ordinance in the context of its potential effect on farm operations located within county adopted, State certified agricultural districts . Below is a summary of the Department ' s concerns that have not been address by the Town . 1 . Land in the Town ' s Low Density Residential , Medium Density Residential , Multiple Residence , and Planned Development Zones are also included in portions of Tompkins County Agricultural Districts # 1 and 2 . The permitted land uses in these zones could result in conflict between farm operations and local land use controls . Consequently, we recommend that the Town provide an exemption in the Ordinance to allow for agricultural operations as permitted uses within an agricultural district . Corrunents: (a) Agricultural activities are a permitted use in a Low Density Zone, so there is no conflict with the Agricultural District designation of parcels within a Low Density Zone. (b) The only land area in a Medium Density Residential Zone that is also i.n an Agricultural Zone is, I believe, the Perry farm, portions of which have already been subdivided, and a portionn of the Linderman Creek project, which is being, or has been utilized for rrrr.rltiple residence use. There has also been expressed interest in possibly developing nrore areas of the Perry,farrrr . As to the remaining portions that are still being farmed, the farm. is a valid non -conforming use and thus permitted to continue. (c) The only land area in a Multiple Residence Zone that is in an Agricultural District is the Linderman Creek development. This property is developed as a multiple residence facility, is not farmed, and should be removed by the County from the Agricultural District. (d) I believe the only land area in a planned development zone that is in an Agricultural District has already been rezoned to Agricultural, although I need to confirtn this with Mr. Kanter. 2 . The definition of Farm in the Ordinance is inconsistent with the Agriculture and Markets Law (AML) . The Town ' s definition applies only to "on-farm buildings used for preparation or marketing of products produced , or derived from products produced , on the farm property on which the building is located . " Connnent The Zoning Ordinance definition, while not exactly the same as that in Section 301 of the Agriculture and Markets Law (Ag & Markets Law) was changed from an earlier version to include references to on farm buildings as a response to a similar comment In earlier correspondence front the State. The current definition in the Zoning Ordinance does not appear to be materially inconsistent with the State = s definition, and there is no overriding reason why the definitions need to be identical. 3 . Article V describes the Conservation Zone, permitted uses , uses allowed by special permit and by special approval in this zone . Garden, Nursery or Faun is included in the list of "Permitted Principal Uses . " However, Equestrian Facility is not listed as permitted , allowed by special permit or by special approval . Horse boarding operations as defined by AML 301 , subd . 13 , should be a permitted use in the portions of the Conservation Zone located in an agricultural district. Connnent: An ani.endment to the Zoning Ordinance will be suggested to allow Equestrian Facilities in Conservation Zones upon receipt of a special approval. 4 . Sections 302 and 603 have been revised to allow "excavations incidental to bona tide agricultural activities ," subject to the permit requirements in Section 2602 of the Ordinance . It is the Department ' s position that farm operations within an agricultural district should be able to extract and deposit fill , in accordance with State and Federal laws and regulations , for agricultural purposes . The permit requirements in Section 2602 could be unreasonably restrictive . Comment: As indicated, these sections were amended,from a prior version In response to earlier comments from Ag & Markets. Generally, 1771.III.ng operations are prohibited everywhere in the Town except it? an Agriculural Zone. Before beginning a. mining operation, a special approval must be obtained. However, fill removal and deposit of' up to 50 cubic yards per year is permitted anywhere, and fill retn.oval and deposit of' tnore than SO cubic yards is permitted anywhere by special approval. Theis the III s Zoning Ordinance does not prohibit farmers from excavating or obtaining fill. However, the Town has been plagued in the past with situations where large amounts of fill have been removed ,from a property and dumped on another unrelated property, or even where movement of earth within a property in. a significant amount has caused drainage problems to adjoining properties. For this, and other reasons, the Town has chosenn to regulate rrtoventent of fill when the amount to be moved exceeds the 50 cubic yard threshold-call for the protection of other members of the public. There doesn 't appear to be any rational reason why farming operations should be exempt from. these regulations. The purpose of the regulations is to insure that fill movements occur with ininirnal adverse consequences to adjoining properties, including road and ditch .facilities owned by the Town, and that mined areas be restored and revegetatecl. There ,does not appear to be a need to jurther- exentpt farming operations. The 5 , Section 501 of Article V includes "Roadside stand or other structure , not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products " as a permitted principal use . Produce stands and farm buildings , in general , should be a principal permitted use in all areas located in an agricultural district . Placing a 500 square feet limit on a farm stand may be unreasonably restrictive . Some farms cannot effectively market their produce from a smaller stand and may require larger structures . Comment: This section was changed from an earlier draft in response to comments from- Ag & Markets to callow sales of products not produced on the faun, so long as a majority of the products are derived front the faun where the stand is located. The Town has already had one so-called " roadside stand " turn into an ahnost full service grocery store. It is difficult to define a. roadside stand in terms of what is and what is not permitted to be sold therein and to enforce those kinds of linti.tations. Thus the Zoning Ordinance also a.tternpts to regulate roadside stands by limiting their size. The intention is for the stand to be clearly can acti.viry ancillary to the principal activity of fanning. Tlter-e vvoculcl appecr.r- to be only rare occasions when an ancillary roadside stand would need to be more than 500 square feet. In those rare instances, i f the farm operator can establish that being restricted to 500 square feet creates can unworkable situation , and the benefit to the operator in being allowed to have a larger facilih, is not outweighed by " the detriment to the health, safety, and welfare of the neighborhood or coninui City " ( Town. Law Section 267- b(3)(b)) resulting .froin the construction and operation of the larger facility, the operator would be entitled to an area variance from the Board of' Zoning Appeals permitting a larger building. 6 . The minimum conditions for storage of solid manure in the Ordinance exceed the Natural Resources Conservation Service ( NRCS ) standards and State requirements for this practice and as a result , could unreasonably restrict farm operations . Coninient: This concern appears to relate to Zoning Ordinance section 512 (4) which governs storage of inan r.re in a Conservation Zone . This section, which has already been I J modified once in response to concerns of Ag & Markets, requires storage to follow " reasonable agi-iccrltural practices. Minimunt conditions.for storage of solid manure are a pad of concrete and a leachate collecting system or other system reasonably equivalent in its protection of the surrounding environment. "[Emphasis added. ] Thus if a concrete slab is too onerous a requirement, alternatives are allowed so long as they are " reasonably equivalent in the protection of the environment. Especially in a Conservation Zone, which is created to protect a natural environmental feature, it is imperative that farming operations (as well as any other activity) be sensitive to the enviromnent. Protecting the Zone from manure run -off does not seem to be an unreasonable restriction on an activity which creates the manure and the need f or its storage. 7 . Article VI describes the Agricultural Zone, permitted uses , and uses allowed by special permit and special approval within the zone . Section 601 lists "Roadside stand or structure, not exceeding 500 square feet. . . " as a permitted principal use. This provision presents the same concerns described above relative to those in Article V , section 501 pertaining to size restrictions and other issues . Comment: See the comment above related to paragraph 5. 8 , Section 602 lists the Principal Uses Authorized by Special Permit Only" in the Agricultural Zone . According to this section , a "commercial composting facility" would require a special permit and would have to meet several requirements . The zoning law does not include a "commercial composting facility" definition . Section 602 could apply to on -farm composting facilities and would unreasonably restrict such operations located within an agricultural district . Comment: An cunendment to the Zoning Ordinance will be. suggested that defines a "commercial composting facility " and makes clear that connpostin.g, at least in an Agricultural Zone, that is ancillaty to the farming operation will not be subject to the requirements of Section 602 (9). 9 . Section 602 requires a special permit ; in the Agricultural Zones for "Research facilities dedicated to research in agriculture or animal husbandry . " The zoning law does not define these facilities . Further a special permit should not be required for those uses and activities at a research facility located in an agricultural district which meet the AML definition of a "farm operation . " Comment: The State Ag & Markets . Law definition of "faun operation " does not include a research facility. Further, no permit would be required for activities at a research facility that constitute farming cis defined in the Zoning Ordinance (e. g. the growing of crops or livestock). However, the activity of conducting research or experiments on the crops or livestock would require a special permit if that were the principal activity or purpose of th.e facilih7, notwithstanding there might be incidental, activities that ivould not themselves require a permit. 10 . Article VII describes the Low Density Residential Zones (LDR) ; identifies the permitted uses , and uses allowed by special permit and special approval . Section 801 includes a nursery or farm as a permitted principal use provided that any building housing farm animals is at least 100 feet from any lot line or street right of way, and manure is not stored within 100 feet of any lot line or street right of way . Some setback requirements may be impractical and may significantly increase the cost of doing business for a farm operation , including the cost of constructing new agricultural structures . Comment: As is the case with respect to roadside stands (see comment related to paragraph 5 above), area variances would be available if the farmer can demonstrate that the benefit to the,fanner of receiving a. variance is not outweighed by the detriment to the neighborhood in granting the variance. 10. Section 801 also appears to prohibit hog farms in the LDR Zones . Such a prohibition would in the Department ' s view unreasonably restrict farm operations within an agricultural district . Comment: This provision has been in the Town 's Zoning Ordinances,for nearly fifty years. It is not a new provision. Further, Town Law Section 130(9) expressly allows a Town to adopt ordinances " regulating and prohibiting the keeping of swine ". Accordingly, this section appears to be valid and until a court rules otherwise, Town. Law would appear to authorize it, notwithstanding objections by the Department of Ag & Markets. 12 . Section 802 identifies "Equestrian Facilities" as a land use requiring a special permit. Such facilities would have to apply : for a special permit and meet several requirements , including buffers and setbacks that appear to be unreasonably restrictive . Commercial horse boarding operations , as defined in the AML, should be a permitted principal use in those portions of the LDR Zone located within an agricultural district. Comment: As was discussed above with reference to paragraphs 5 and 10, deviations from. the dimensional lirrritati.ons ill this section. ctrll be obtained by variance if the operator of the facility call show the benefit to the operator in receiving the variance is not outweighed by the detriment to the , operator 's neighbors. The Low Density Residential Zone, while allowing and even encouraging agricultural uses, is a nu.xed zone also permitting residences. Thus ' some regulatory control over- facilities that could cause problems by their proximity to neighboring properties does not seem. inappropriate. 13 . Section 803 , which describes "Permitted Accessory Buildings and Uses" in LDR Zones to include roadside stands , raises the same size restriction concerns identified with respect to Articles V and VI concerning roadside stands and farm markets . Comment: See comments above with reference to paragraphs 5 and 10. 14 . Section 805 which lists an "Equestrian Facility' as an accessory building or use authorized by special permit presents the same concerns described above relative to the Article V discussion concerning restrictions on such facilities within agricultural districts . Comment: See comment above with reference to paragraph 12. 15 . Sections 806 and 905 prescribe height limitations for structures in the LDR and MDR Zones . Agricultural buildings utilized by a farm operation located in an agricultural district should be exempt from such limitations . Comment: An amendment to the Zoning Ordinance will be suggested that removes the height restriction on farm buildings in Low Density Residential Zones, since, as noted above, that Zone is a mixed zone in which,farming is encouraged. It is not presently contemplated that a. similar- amendment will be suggested for fanning structures in Medium Density Residential Zones, since (a) the principal purpose of these zones is to encourage residences, and (b) as noted above, there is very little Agricultural District farmland in Medium Density Residential Zone and what land there is is being gradually converted to residential subdivisions. 16 . Article IX describes the Medium Density Residential Zones (MDR) and identifies the permitted uses , and uses allowed by special permit and special approval . Agriculture and farms are not listed as a permitted use , a use authorized by special permit , or a use authorized by special approval . Some parcels located within the MDR Zone are within an agricultural district . The Department would view any prohibition against agricultural land use and farming on such parcels as unreasonably restrictive . Comment: See cormnent (b) above related to paragraph. 1 . In addition, an amendment to the Zoning Ordinance will be suggested that permits, by special approval. or special permit, the expansionn of farms in a Medium Density Residential Zone, rather than requiring the obtaining of a use variance for what would otherwise be the expansion of a non - conforming use. 17 . Article XXI describes the Planned Development Zones (PD) . It appears that the intent of PD zones is to bring diverse land uses together in a compatible and unified way . However, one of the PD zones is located within an agricultural district . Section 2106 provides that structures cannot be built or land uses changed in the PD zone without receiving site plan approval . Agricultural buildings and land uses in an agricultural district should be a permitted use and generally not be subject to site plan approval . Thus , this section as applied to a firm operation within an agricultural district could be unreasonably restrictive . Comment: See cornrnent (d) above related to paragraph 1 . 18 , Article XXVI describes "Special Regulations " for various activities . Section 2602 lists the requirements for "Extraction or Deposit of Fill and Related Products . " Subsection 9(d) provides an exemption for "Removal , movement, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more bona fide agricultural uses . " It is the Department ' s position that farm operations within an agricultural district should be able to extract and deposit fill , in accordance with State and Federal laws and regulations , for agricultural purposes . Comment: See comment above with reference to paragraph 4. 19 . Article XXVH outlines "General Provisions" for various activities and land uses . Section 2711 lists the provisions for mobile homes used for farm worker housing in an agricultural district . Paragraph 2 provides that site plan approval is required for more than one mobile home on a farm . Paragraph 8 requires that any site plan approval "shall be for a period requested by the applicant, but in no event longer than five years . " The need for site plan approval could be unreasonably restrictive depending on the cost and time involved . Further, the need to undergo site plan approval at least once every five years , particularly when there has been no change in land use , may unreasonably restrict a farm operation located in an agricultural district. Comment: As originally drafted, this provision allowed the Planning Board to determine the length of ti.m.e for which the site plan approval would be effective, up to a maximum. of five years. In response to earlier coinments by the Ag & Markets Department, the provision was modified to allow the applicant to determine the length of time, again up to a maximum of five years. Placement of multiple mobile homes on fcrrins is a deviation from what is a general prohibition against placement of.multiple mobile homes in any location other- than a mobile home park. It is allowed on farms for farm workers because of State Ag & Markets laws which mandate governments to allow such housing within Agricultural Districts. However, the housing is mandated only so long as it is used in connection with a farming operation. Thus it seems appropriate to provide a rnechanisin for periodic review to make sure the mobile horses continue to be used,for the limited pur poses far which they are allowed, and to require their removal once that use 'ends. The Department looks forward to meeting with the Town to work on resolving potential conflicts between the local law and the Agriculture and Markets Law , Sincerely, S/Matthew J . Brower a Agricultural Resource Specialist General Comment: There is a theme that runs through many of the Ag & Markets concerns, and that is a feeling that the Town 's site plan, special approval, and special permit approval processes will be used to delay and/or unreasonably deny legitimate applications by fanners, thereby unreasonably restricting the activities of farming. This concern is simply not substantiated by the Town 's history. In fact, the Town has a fairly streamlined process for- receiving and processing applications, and every effort is made to bring the applications before the appropriate boards in a timely fashion. ,In many instances, State Law mandates the holding of any required public hearings within. 62 days of receipt of the applications and a final determination within 62 days of the close of the public hearing. Generally, and particularly on matters such as area variances and relatively simple site plans; special permits, and special approvals, the Town completes the process much more quickly, often within a month of the receipt of the application. Further, the vast majority (probably in excess of 95 %) of the applications are approved, although sometimes not without conditions being attached to protect the environment or surrounding neighbors. Thus unreasonable delays and unreasonable denials have not been the practice of the Town. Accordingly this concern of Ag & Markets does not appear to be valid. Comments on Points Raised by Agriculture Committee regarding new Zoning Ordinance July 17, 2004 The following concerns were expressed by the Agriculture Committee in a spread sheet provided to the Town Board . The concern is as copied from that spread sheet . The comments in italics are the comments of the Attorney for the Town as to the status of the matters raised in the Ag Committees concerns . Requirement of site plan review or special use permits for construction of on-farm buildings and the use of land for agricultural purposes These requirements in general do not apply to agricultural buildings or structures in an area zoned agricultural by the Zoning Ordinance, provided the structures are used for agricultural purposes. In other zones, whether or not the property is in a. County certified Ag District, there may be requirements to be met. Attached is a copy of the letter-from Ag and Markets and my comments with respect to each of the items raised. The reader is referred to that letter and comments for many of the responses as to why there is a need for some regulations of the farming operations in non-agricultural zones of the Town. Requirement for buffers or setbacks to graze animals , construct fences and otherwise use land for agricultural purposes The buffer requirements are generally related to certain activities that have the potential for significant problems for neighbors. For, example, there is a buffer requirement for commercial storage of compost. However, most of the buffers apply only to zones other than agricultural zones. Lack of exemption to allow for agricultural operations as permitted uses in Low Density Residential , Medium Density Residential , Multiple Resident and Planned Development Zones within the Agricultural District See the comments related to paragraph 1 of the attached letter. The definition of Fann in the Ordinance is inconsistent with the Agriculture and Markets Law ( AML) . The term includes the ` structures necessary to the production and storage of agricultural products and equipment . " This section was amended to include references in the definition of ` farm " to on farm buildings used.for preparation and marketing of farm products. See comments regarding paragraph 2 in the attached letter. Article V [Describes the Conservation Zone , permitted uses , uses allowed by special permit and by special approval in this zone . ] Equestrian. Facility is not listed as permitted , allowed by special permit or by special approval in the Conservation Zone An amendment to the Zoning Ordinance will be suggested to allow Equestrian Facilities in Conservation Zones upon receipt of a special approval. Article V , Section 501 Limits roadside stands or other structures for the display and sale of farm or nursery products incidental to farming and as a seasonal convenience to the owner or owners of the land to a maximum of 500 square feet of enclosed space See the comments to paragraph 5 of the attached letter. Article V , Section 512 [Describes additional requirements, and application restrictions in the Conservation Zone . ] States that "The storage and land application of manure for agricultural purposes shall follow established U . S . Agricultural Stabilization and Conservation Service best management practices . Minimum conditions for storage of solid manure are a pad of concrete and a leachate collection system . " This section has been amended to remove the reference to the Stabilization management practices and to simply require the storage to be in accordance with reasonable agricultural practices, with a minintcun standard of a concrete pad "or other system reasonably equivalent in its protection of the surrounding environment " being required. See comments to paragraph 6 in the attached letter. Article VI [Describes the Agricultural Zone, permitted uses , and uses allowed by special permit and special approval within the zone . ] Section 601 Restricts roadside stands or structures to a maximum of 500 square feet See comments related to paragraph S of attached letter. Article Vl, Section 602 [Lists the "Principal Uses Authorized by Special Permit Only" in the Agricultural Zone . ] A "commercial composting facility7would require a special permit and would have to meet several requirements . An amendment to the Zoning Ordinance will be suggested that defines a " comm.ercial composting facility " and makes clear that composting, at least in an Agricultural Zone, that is ancillary to the farming operation will not be subject to : the requirements of Section 602 (9). Article VI, Section 602 Requires a special permit in the Agricultural Zones for "Research facilities dedicated to research in agriculture or animal husbandry" . The State Ag & Markets Law definition- of ` fa-rnr operation " does not include a research facility. Further, no permit would be required for activities at a research facility that constitute fa. r-ming as defined in the Zoning Ordinance (e. g. the growing of' crops or livestock). However, the activity of conducting research or experiments on the crops or livestock would require a special permit if that were the principal activity or purpose of the facility, notwithstanding there might be incidental activities that would not the►nselves require a permit. Article VI, Section 603 [Describes "Principal Uses Authorized by Special Approval Only" . ] Excludes excavation in aid of agricultural activities from the definition of Mining , but does not indicate whether the sale of excavated material is allowed Sale of any fill is allowed. However, if the mining is for sale, rather than incidental to . an agricultural use, the requirements for obtaining a mining permit at the State level may be applicable, and in any event the requirements for a special approval for mining under the Zoning Ordinance would be applicable. Article VIII [Describes the "Low Density Residential " Zones (LDR) , identifies permitted uses and uses allowed by special permit and special approval . ] Section 801 Requires that any building housing farm animals is at least 100 feet from any lot line or street right of way and manure is not storage within 100 feet of any lot line or street right of way. The reason for set-backs in a Low Density Residential Zone is because the zone is sort of a mixed zone, allowing both farming and residences, and an effort, was being made to try and minimize the conflicts that might arise between the two activities. Note that area variances may be available in certain circumstances. See the comments on the attached letter regarding paragraphs 5, 10 and H . Article VIII, Section 802 Identifies "Equestrian Facilities' 17 as a land use requiring a special permit and meeting several requirements , including buffers and setbacks . See comments to paragraph 12 on attached letter. Article VIII , Section 803 Describes "Permitted Accessory Buildings and Uses' in LDR Zones to include roadside stands See comments to paragraphs 5 and 10 on attached letter. Article VIII , Section 805 Lists an "Equestrian Facility" as an accessory building or use authorized by special permit . See comments to paragraph 12 on attached letter. Article VIII, Sections 806 & 905 Prescribe height limitations for structures in the LDR and MDR Zones An amendment to the Zoning Ordinance will be suggested that removes the height restriction on farm buildings in Low Density Residential Zones, since, as noted above, that Zone is a mixed zone in which farming is encouraged. It is not presently conteniplated that a similar amendment will be suggested for,farinin.g structures in Medium Density Residential Zones, since (a) the principal purpose of these zones is to encourage residences, and (b) as noted above, there is very little Agricultural District farmland in Medium Density Residential Zone and what land there is is being gradually converted to residential subdivisions. Article IX [ Describes the Medium Density Residential Zones (MDR) and identifies the permitted uses and uses allowed by special permit and special approval . ] Agriculture and farms are not listed as a permitted use a use authorized by special permit, or a use authorized by special approval . The only land area in a Medium Density Residential Zone that is also in an Agricultural Zone is, 1 believe, the Perry jarnr, portions of which have already been subdivided, and a portion of the Linderman Creek project, which is being, or has been utilized for multiple residence use. There has also been expressed interest in possibly developing more areas of the Perry farm. As to the remaining portions that are still being farmed, the farm is a valid non -conforming use and thus permitted to continue. In addition, an aniendment to the Zoning Ordinance will be suggested that permits, by special approval or special permit, the expansion of fauns in a Medium Density Residential Zone, rather than requiring the obtaining of a use variance for what would otherwise be the expansion of a non -conforming use. Article XXI [Describes the Planned Development Zones (PD) . ] One of the PD Zones is located within an agricultural district . Section 2106 provides that structures cannot be built or land uses changed in the PD Zone without receiving site plan approval I believe the only land area in a planned development zone that is in an Agricultural District has already, been rezoned to Agricultural, although 1 need to confirm this with Mr. Kanter. Article XXVI [Describes "Special Regulations" for various activities . ] Section 2602 Lists the requirements for "Extraction or Deposit of Fill and Related Products" Subsection 9 (d) Provides an exemption for "Removal , movement , or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more bona fide agricultural uses " . See comment with reference to paragraph 4 of the attached letter. Article XXVII Outlines "General Provisions" for various activates and land uses . Section 2711 lists the provisions for mobile homes used for farm worker housing in an agricultural district . Paragraph 2 Provides that site plan approval is required for more than one mobile home on a farm . Paragraph 8 Requires that any site plan approval "Shall be for a period determined by the Planning Board , but in no event longer than five years' . This section has been amended to permit the applicant to select the tune of duration of the site plan approval, up to a. rnalimum of five years. For additional information, see coninients to paragraph 19 of the attached letter. August 3 , 2004 Town Board Meeting ATTACHMENT # 1�0 J Agricultural Conservation Easement Town of Ithaca Annual Inspection Form Date of Visit 712 f /o y Easement Name : Current Owner: ; Address of Prop rty: Address : Tax Parcel No . : Phone,: # X73 - % ,2 / 2 Description of Current Land Uses : - oar„ yy e/�S.Hf <n-�/ r�z/ sti,� � 4 ddf p.e25n �l hd //7 Fi;f { 0'1 /,J T Describe current Agricultural activities (and any changes 'since the last inspection) : - � PLO r A� I� G /t.Yi �() oes h+t� ,i? ' S.� .n � D46 es List all man-made alterations made since the last inspection visit : Do all changes comply with the terms of the easement? Yes No Comments : /;-7 ccrx�p a / { < � w, 7�9 e4-j'e o , e" 1 List any observed natural alterations : ,7e5„ z y/ 1 fCCenf Other observations, comments, and recommendations : ey rt//,�;�f // 44 we t /h:y� . r4 .7 /�/ 4 �� C✓ ,h �PC4: ;., � l �v, �is /hr- c<,- �lcrn J fn /� �aoS�`°s7`i , �c n�fitc. � is, /7af inn m �rf wat Attach as needed maps, photos, and illustrations . Name of Inspector (s) : I If • 7/29/04 Inspection looking southeast from northwest • • • from northwest comer comer of property of property looking southeast I from north • of north from southwest comer property of property 5 — looking southeast into "open field" from north end of hedgerow n ' y • i r _ s. •. r,':tr Ir r Yh T. h I ice , r4 �1 /v 1 .. l I ' � ••A1 I '� Y ' 1 . '! . f ''rrY' - t;... •< - �7""� , w �,d'�a y y tti August 3 2004 Town Board Meeting ATTACHMENT # 11 TOWN CLERK ' S MONTHLY REPORT I WN OF ITHACA , NEW YORK JULY , 2004 THE SUPERVISOR : PAGE I cant to Section 27 , Subd 1 of the Town Law , I hereby make the following statement of all fees and moneys received e in connection with my office during the month stated above, excepting only such fees and moneys the application a- nd payment of which are otherwise provided for by Law : j* 1255 21 MARRIAGE LICENSES NO . 04069 TO 04089 367 . 50 13 MISC . COPIES 4 . 60 1 ZONING ORDINANCE 8 . 50 1 SIGN ORDINANCE 1 . 00 7 TAX SEARCH 35 . 00 I POSTAGE 0. 80 7 MARRIAGE TRANSCRIPT 70. 00 TOTAL TOWN CLERK FEES 487 .40 x. 1557 1 SPCA IMPOUND FEES 60. 00 TOTAL A1557 60.00 A. 2544 DOG LICENSES 617 . 95 TOTAL A2544, 617 . 95 0 I I BUILDING PERMIT 1 , 710 . 00 4 TEMP . CERT. OF OCCUPANCY 1250. 00 FIRE SAFETY INSPECTIONS 125 . 00 1 SIGN PERMITS 92 . 00 2 ZBA AREA & USE VARIANCES 200. 00 I ZBA SPECIAL APPROVALS 100 . 00 TOTAL B2110 41477. 00 132115 1 SUBDV . REV . PRELIM . PLAT 100. 00 I SUBDV . REV . FINAL PLAT 680. 21 SITE PLAN INIT . APL. FEE 100 . 00 I SITE PLAN PRELIM . PLAN 30. 00 TOTAL B21,15 910. 21 32691 1 FILL PERMIT 100 . 00 TOTAL B2691 100. 00 TOWN CLERK ' S MONTHLY REPORT JULY , 2004 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 19165 . 35 PAID TO SUPERVISOR FOR PART TOWN FUND 5 PAID TO COUNTY TREASURER FOR DOG LICENSES 0 PAID TO AG & MARKETS FOR DOG LICENSES 0 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 0 TOTAL DISBURSEMENTS 7 AUGUST 2 , 2004 SUPERVISOR STATE OF NEW YORK , COUNTY OF TOtbIPKINS , 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 duringr the month above stated , eptinty 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 TOWN OF ITHACA A-GI t DA # 16 Highway Department' s Monthly Board Report August 2, 2004 Administration We have been working with our neighbors, borrowing back and forth, trying to help fill each of our needs for equipment and labor . Some work that has been traded is trucking for New York State, transporting the Town of Danby ' s roller and tractor, providing an excavator for the Village of Cayuga Heights, and letting the Town of Ulysses borrow our roller and skid-steer loader with an operator . Water Work The landscaping has been finished at the West Hill Water Tank (Eco-Village) and on the Stone Quarry Road transmission main line . The Coy Glen pump station still needs to have the berm extended and the plantings finished . We will finish that this fall . The telemetry needs to be installed at all the sites to complete the work . The telemetry is so that the pumps, etc . can be stopped and started from a remote location (Bolton Point) . We installed the underground electric wire to the Hungeford Hill water tank to service the new telemetry . We had a water break at Winston Court, which we repaired . The hydrant painting crew has continued clearing around and painting hydrants . Road Work The rain continues ! ! We are moving ahead with all our Public Works projects in spite of the wet conditions . We are making significant headway on all our larger projects, but are experiencing difficulties on the smaller items that need repair such as shoulders, hot patching (for surface treating roads) , ditching etc . Evergreen Lane : We have completed this project and addressed all residents concerns at this point in time . Rich Road : We have had difficulty finishing this job . The topsoil and back fill on shoulders have been delayed because of the demands and time lines on other major projects . The residents have been very patient or at least we have not received any calls . Caldwell Road : We have made significant progress on this project : The wall has been completed; the catch basins and storm drains have been installed . We thought the road would be opened already, but have had trouble getting the paving completed . The rain has impacted the paving crew that we hired and we still need to install reflective markings . Other Projects : We also completed shoulder work on Hornness Lane and are moving ahead on repairs to Judd Falls Road . We have been meeting with the Forest Home residents about the Judd Falls Road work . They thought we were reconstructing the road, but we have explained to them it was only repairs to extend the life of the road . The brush pile was ground up into chips by a tub grinder contractor . We had stored two year' s worth of brush and stumps . We have started working on getting roads and trails ready to surface treat. We have to patch the roads with fine top before surface treating . This makes for a smoother surface . Parks Work Tutelo Park : We started the constructing of the ball field and have made progress grading the ball field, parking lot, and surrounding area, including drainage structures . We will be installing the water and sewer for the comfort station soon. William and Hannah Pew Trail Section of the East Ithaca Recreation Way : We have received all the final approvals from New York State to proceed . We have started the lay out for the trail and parking area, and will have a hydro- ax come in and clear the trail section, which will be much more labor efficient. Regular grounds maintenance has continued . August Projects 1 . Start storm water project on Winston Court . 2 . Continue ditchin g patching,hot roadside mowin g, and sign work . 3 . Surface treatment of several Town roads, East Ithaca Recreation Way (Game Farm Trail) , and Coddington Road playfield parking lot . 4 . Play structure maintenance and sealing . 5 . Finish Woolf Lane pump station tree plantings . 6 . Topsoil and seed at Pineview Terrace drainage project . 7. Remove fallen tree at Bostwick Road Cemetery . 8 . Continue inspection of utility installation at Southwoods . ghk t Town Engineer's Report for 8/3/2004 Town Board Meeting GENERAL Pre-Disaster Hazard Mitigation Plan The plan is posted on the County Planning Department website at http ://www.tompkins-co.org/planning. Paper copies are available at the County Planning Department and the Tompkins County Public Library, 101 East Green Street. The schedule for completing the plan is as follows: Aug. -Sept. 2004 Revise final Plan per SEMO and FEMA comments and incorporate/address public comments on draft plan. September 2004 Presentation of final Plan . r Sept.-Oct. 2004 Adopt Plan and begin Plan implementation. November 1 , 2004 Plan must be adopted and implementation of Plan must be initiated to meet requirements for future hazard mitigation funding. EARTH FILL PERMITS A fill permit was issued for 229 Stone Quarry Rd., Tax parcel 40.-3- 11 , on 6/17/04 to allow grading for landscaping and to improve drainage. WATER PROJECTS SCLIWC Office Addition Construction is continuing to progress slowly on the office addition at the Bolton Point Water Plant. The foundation walls are complete and structural steel is scheduled for the week of August 1 . Water SCADA System The Town Engineering staff has been working with Bolton Point staff to develop a wireless Supervisory Control And Data Acquisition (SCADA) system to improve operation of the SCLIWC water system, which includes the Town of Ithaca water system . The Town has ordered the equipment for the Hungerford Hill Tank, the Bostwick Road Tank, The new West Hill Tank, the Oakwood Lane control building and the Stone Quarry Road Control valve building as part of the wireless control system. Installation of the radio antennae is being completed the week of August 1 , and the system will be programmed and operational by September. East Hill Transmission Main and Storage Tank 0 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. s The Town Engineer is continuing to work with the Bolton Point General Manager to acquire a permanent easement for the tank site . Cornell has asked for a significant improvement as compensation for the easements and an appraisal has been requested to determine the value of the Easements. The project will be constructed under two contracts, one for the water main construction, and one for the Tank construction; The Commission is in the process of authorizing the capital project which will be provided to the member municipalities for approval . South Hill Transmission Main and Bostwick Road Storage Tank The Bostwick Road Tank and the stone Quarry Road Control valve are in service and supplying water to Inlet Valley. The design of the second phase of the transmission main across Ithaca College property to the Pearsall Place pump station is complete and ready to advertise for bids. Easement for the water main across several Ithaca College properties have been received and an easement across the Therm property is pending. A public hearing on the capital project is scheduled for the August Town Board meeting. TOWN ENGINEERS REPORT 8/3/2004 West Hill Water Tank and Water Main Town forces have completed the site landscaping and the control system has been ordered for installation in August. All punch list items have been completed and the project will be closed out with final payment in September. Coy Glen Pump Station and Water Main The Pump station and water main contract is complete and the final payment is in the packet for the August Abstract. , The installation of the SCADA system is scheduled for August. Full utilization of the pump station will not be possible until the remainder of the South Hill Transmission main is completed. ; Emergency Power Supply The staff is in the process of installing the appropriate transfer switchgear and generator connections at the Pearsall Place, Coddington Road, Troy Road, Coy Glen Road, Oakwood Lane and Christopher Lane pump stations. The Woolf Lane pump station was installed with the appropriate switchgear. The portable generators will be used in the event of major power outages affecting the pump stations. The Towns principal protection against short-term power loss is the storage capacity of the water tanks in the system, which currently has at least 24 hours of reserve. In the event of a power outage in excess of 12 hours, the emergency generators would be used to provide power to refill the tanks. The generators would be rotated among the pump stations as needed. The S .C . L . I . W. C . has developed a system wide emergency plan which indicates that four mobile generators would provide sufficient capacity to maintain an adequate the water supply with conservation efforts in effect. Bolton Point has installed permanent emergency generators at the water plant, and with the other member communities will acquire at least two portable generators. SEWER PROJECTS South woods Subdivision Force Main The Developer is continuing- construction the high lift pump station and 4" DIP force main to the existing sewer on Troy Road. 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. IAWWTF Phosphorus Removal Project The contract for construction has been awarded and foundation construction has started with pile installation. Joint Interceptor Sewer Projects The Town Engineering staff is working on a capital improvement plan with the City Water and Sewer Division for improving the interceptor sewers that are jointly used by the Town and City. No major construction is planned before 2005 . STORM WATER MANAGEMENT Northeast The engineering staff and engineering interns have been surveying drainage systems in the northeast area of the Town to prepare a watershed evaluation and Stormwater management plan for the area. The Winston Court area is a point of concentration and a design for drainage improvements is being developed with the Highway Department which will be improving drainage and resurfacing the road. Town Engineer's Report August 3, 2004 Daniel R. Walker Page 2 8/3/2004 TOWN ENGINEERS REPORT 8/3/2004 Survey work on Hanshaw Road is continuing to prepare plans to replace the water main, which is located directly below the County Road Drainage system . This work will be done in coordination with the County plan to rebuild Hanshaw Road. DEVELOPMENT REVIEW a LINDERMAN CREEK PHASE THREE Linderman Creek Phase Two is complete and the owner is working on the construction of Phase 3, which consists of 3 e eight-unit buildings. The Town Engineering staff is inspecting the site periodically to ensure compliance with the approved site plan. Town Engineer's Report August 3, 2004 Daniel R. Walker Page 3 8/3/2004 t Agenda 1 o�yOFIT�9 E a TOWN OF ITHACA PLANNING DEPARTMENT 18 21 � 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 Jonathan Kanter, A.LC.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for August 3 , 2004 Town Board Meeting DEVELOPMENT REVIEW July 6 , 2004 Meeting : Leonardo 2-Lot Subdivision, 1132 Danby Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 1132 Danby Road, Town of Ithaca Tax Parcel No . 37- 1 -20 . 11 , Medium Density Residential zone . The proposal includes subdividing a +/- 0 . 07-acre strip from the western boundary of Tax Parcel No . 37- 1 -20 . 11 , to be .consolidated with Tax Parcel No . 37 - 1 -20 . 10 ( 10 Allison Drive) . Estate of Clara Leonardo, Owner; Richard Leonardo, Applicant . Cornell Plantations Plant Production Facility, Forest Home Drive : The Planning Board granted Preliminary and Final Site Plan approval and Special Permit for the proposed Cornell Plantations Plant Production Facility located on Forest Home Drive at the Arboretum Test Gardens, Town of Ithaca Tax Parcel No . 65 - 1 -5 . 2 , Low Density Residential zone . The project involves the construction of a 3 ,270 +/- square foot greenhouse with an attached +/- 1 ,200 square foot head- house (support space), a 7 ,550 +/- square foot open-air lath house , and a +/- 2 ,000 square foot storage structure . The project also involves installation of approximately 1 , 840 feet of sanitary sewer line along Forest Home Drive for this new facility and the existing neighboring building . Cornell University, Owner/Applicant; Hal Martin, Agent , Sketch Plan Review for Country Inn and Suites Hotel , West King Road and Danby Road : The Planning Board considered a revised Sketch Plan for' the proposed Country Inn & Suites hotel located at the southwestern corner of West King Road and Danby Road (NYS Route 96B ) , Town of Ithaca Tax Parcel No. 37 - 1 - 17 . 1 , Business District "C". The proposal includes subdividing off a +/- 2 . 95 -acre parcel from the +/- 4 . 82 -acre parcel for the construction of a two- story (reduced from three-stories) , 67-room hotel at the intersection . The proposal also includes approximately 70 parking spaces , sidewalks , signage, landscaping, and lighting. David Auble, Owner; Trowbridge & Wolf, LLP , for Jay Bramhandkar, Applicant; Peter J . Trowbridge , Agent . July 20, 2004 Meeting : Young 5-Lot Subdivision, Coddington Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 5 -lot subdivision located on Coddington Road approximately 870 feet south of Updike Road, Town of Ithaca Tax Parcel No, 47- 1 -4, Low Density Residential zone (former Residence District R -30) . The proposal involves subdividing the 14 . 8 +/- acre parcel into four residential building lots along Coddington Road and one 9 +/- acre lot which ��Tofwnof Ithaca PlangDtreeto ��s�Repo� is F August 3, 217Q4Tor� BoartlMeetangf would be donated to the Coddington Road Community Center for their recreational activities . John F . Young, Owner; Patrick Leahy, Applicant . 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 : Two SEQR reviews for the Zoning Board were done since the July report : ( 1 ) request for variances to enlarge a non -conforming residential structure, located at 865 Taughannock Boulevard , Lakefront Residential Zone , Joe and Patty Francis, Appellants ; and (2) request for variance or interpretation to add a second- floor addition on a non-conforming residential building, located at 1036 East Shore Drive , Lakefront Residential Zone, Susan Miller, Appellant . Codes and Ordinances Committee : The Committee met on July 21 , 2004 . Agenda items included continuation of discussion regarding possible amendments to the "telecommunications facility" provisions of the Zoning Ordinance to streamline the approval process for certain small antennas, and continuation of discussion regarding a proposed draft Stream Buffer Ordinance . The Committee decided to cancel the August 18"' meeting, and the next meeting is scheduled for September 15 , 2004 , where the agenda will include continuation of the above-referenced discussions, and possibly suggested Zoning Ordinance amendments to address concerns raised by the NYS Department of Agriculture and Markets . Transportation Committee : The next meeting is scheduled for August 19 , 2004 . Meanwhile , staff is preparing Inventory sections of the Transportation Plan during the summer months . Conservation Board : The Board met on July 15 , 2004 . Discussion items included reports of the various committees , the Town Board resolution asking the Conservation Board to conduct research regarding the impacts of the large deer population , continuation of discussion of the draft revised Environmental Review Law , and organization of a possible field trip to the Six Mile Creek area. The next meeting is scheduled for August 5 , 2004 . MOA Planning Coalition : The Coalition has cancelled its July and August meetings , and will resume meetings in September. Capital Projects and Fiscal Planning Committee : The Committee met on July 7 , 2004 to finalize recommendations to the Town Board . These were discussed at the July 12'x' Town Board meeting, and will be incorporated into the proposed 2005 Budget . The Committee will meet on an as-needed basis for the remainder of 2004 . Inter-municipal Trail Committee : The Committee met on July 8 , 2004 to discuss two alternate alignments for the Buttermilk- Gateway Bridge Trail in the vicinity of the Emerson property and how the possible environmental contamination of the Emerson site might impact the proposed trail . There was also discussion about how the group could help to facilitate the progress of the Black Diamond Trail project. The next meeting is scheduled for September 20 , 2004 . 2 � �u�n�oflth�ca�Plan"ncng ©rrector�s R�por1 Staff Performance Evaluations : Performance reviews were completed and submitted to the Personnel Office . Economic Development Strategy Committee : The Committee met on July 22 , 2004 and discussed the role and purposes of the committee and results of the economic survey completed by Tompkins County Area Development (TCAD) . 3 Regular Meeting of the Ithaca Town Board August, 2004 Human Resources Report for July, 2004 Personnel Committee : Committee reviewed the 2005 Wage Scale and the Mission/Duties of the Committee . See comments regarding the Wage Scale that is included with that resolution . Safety Committee : Committee does not meet in July . Training and Development : Planning has started for the fall session of the Friday Brainteasers Series . Sessions will include to health/wellness , motivation , coaching , among others . Payroll : Connie Clark is continuing to work with Williamson Law Book on the conversion of the payroll program . They have made some good progress on the program that is moving us forward to an actual effective date . Our target at this time is starting the 4 " quarter on the new program . Personnel — Civil Service : A great deal of July was spent reviewing applications for the Code Enforcement Officer position , interviewing candidates , making reference calls and then making an offer of appointment . Steve Williams started July 26 , 2004 and has had a full orientation provided . o A Laborer position has been vacant since April with some of the work being covered by seasonal employees . In July we posted the vacant position internally , which means that seasonal employees could apply and employees could refer applicants . The interview committee reviewed the applications and interviewed two seasonal employees and four referrals . The candidate chosen by the committee and by the Highway Superintendent was one of the seasonal employees who is working his second season with the Town . The ratification of the appointment will be brought to the Town Board in August . Time was dedicated in July to working on the 2005 Wage Scale as presented to the Town Board at the July meeting . The wage scale was then presented to the employees and the Personnel Committee for comments and feedback to go to the Town Board in August . The Wage Scale , is the preliminary work for the final Personnel lines for the budget . Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : No new claims to report . The insurance has been adjusted for the trading of equipment with the County . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) : No new injuries to report for July. Submitted By : Judith C . Drake , PHR , Human Resources Manager File Edit View Favorites Tools Help r 5� Tow, n, of Ithaca NY r � - �tf ff { Network/Record Specialist Report to Town Board August 2 , 2004 June & July Web Site Visits www. town . ithaca . ny. us © June ■ July 2000 > 1000 Home Gov't Services Information Community Pages Website • New link on Monthly Financial Page: 2003 Town Financial Statement. This document is searchable with bookmarks for ease of navigation. • Work continues on formation of a "Ride Sharing Board". The idea for this page came from a public information meeting last month. The board is currently in draft form and is hidden at the bottom of the Town ' s home page. (See "Input" and "Board" at bottom of home page) Town Board members are asked to please review the pages and provide feedback. Network • Surplus Computer Equipment resolution is on this month ' s Town Board meeting agenda. Much of this equipment is broken beyond repair and some computers have been stripped for replacement parts in active equipment. • A silent auction of the surplus computer equipment is being held at Town Hall and the Public Works Facility is month. Equipment not purchased at the silent auction will be donated to the Computer All Stars program t the Ithaca Youth Bureau and/or Babbage ' s Basement. Equipment not in good working order will be sent to e County' s auction in September. Contact Lisa with questions, 273 - 1721 ext 132 or LTitti(a),town. ithaca.n y�us I� �_ Acvya�1. I NT Start RCacheman ®In6oK Miaosoft0utlookTownoflthacayMic°r"> i �=r7iO ! 3 � g54 a�� F'.Gh 1,VA olyOFIp _ a TOWN OF ITHACA XVVi DA # J. 8 �s to 2t �� 215 N. Tioga Street, Ithaca, N. Y . 14850 � � ° www. town. ithaca . ny .us TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 To : Cathy Valentino, Supervisor Town Of Ithaca ,' Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Carolyn Grigorov, Councilperson William Lesser, Councilperson From : Mamie Kirchgessner, Recreation and Youth Coordinator July 2004 This month the Cass Park Survey Project was implemented. The Town in conjunction with the City began random interviewing of users of the pool with the attached questionnaire . The primary interviewer for the undertaking is student intern Jessica Myers . The weather has affected attendance so only one interviewer has been required most days . I ' ve been meeting regularly with Jessica to monitor project, obtain surveys to photocopy, and ascertain municipality of residence . Jessica will be doing analysis of the data after conclusion of the interviews August 14. The pool closes for the season August 15 , The Recreation & Human Service Committee continues its work to implement a process to determine funding priorities . Discussion of public informational meeting occurred with presentation of tabulation of completed questionnaires at the most recent committee meeting. Sandy Gittelman will distill some general conclusions/themes from comments obtained from public feedback. Work on the survey for the Fall newsletter continues with input for revisions coming from the committee . Staff will be ask to complete a draft of the document prior to the next committee meeting to determine if questions will be clear to the public . As a result of public comment at the June 28 ; 2004 presentation, ongoing concerns over transportation issues and a suggestion from Will Burbank Network and Records Specialist Lisa Carrier- Titti developed a prototype ride share concept for the Town ' s Web site . We are seeking input before making the site available to the public . The prototype can be accessed for review and comment by clicking on the "garage" icons at the town ' s web site . Also at the request of a constituent Senior Citizen Recreational softball league is being considered. An event to ascertain if there is interest to support such an endeavor is scheduled for Wednesday, August 11 at 6 at the Coddington Road Community Center. Lifelong is cosponsoring with the town. Recreation coordinators from other townships are also being contacted with the concept for possible .participation. The Town is also planning an event for the Fall at Tutelo Park The Boy Scouts met with Doug Austic (Ulysses Town Supervisor), Cathy Valentino and myself to discuss possibilities of expanded utilization of the facility to prevent the need to sell the property to probable private developers . A site visit to Camp Barton is scheduled for June 29, 2004 with Fred Noteboom , Rich Schoch, and Dan Walker. Possible public and private fund sources are being researched for any possible collaborative effort to expand recreational opportunities . The Town received its first public comment to the recreation component to its website . I was able to respond with information about the Woolf Lane Park public meeting that will be held this Fall . Additionally I continue my observation of activities funded by the Town. I was in attendance at meetings of the Human Services Coalition, Joint Youth Commission and the Recreation Partnership Board as a regular part of my job responsibilities . Today's Date : Time : Interviewer Please give us your street address : Street and number: pt.# City: State : Zip Code : How many people in your household use the Cass Park Pool? ❑ Just Me ❑ 1 ❑2 03 04 05 ❑ 6 ❑ 7 ❑Other How many are : Adults ( 18 and older)? Students ( 13 - 17)? Children ( 12 and under)?_ Senior Citizens?_ 3 . How did you get here today? ❑ Bus ❑ Car ❑Bike ❑Walk ❑other 4. Are you a Season Pass holder? ❑Yes ❑No If yes, which pass did you purchase? ❑ Family ❑ Adult ❑ Student ❑ Senior ❑ Child 5. On average how many times a season do you use the pool? . ❑Everyday ❑ Times a week ❑ 1 ❑2 03 04 05 06 07 Times a season 6. Do you feel that the amount you pay to gain access the pool is worth it? ❑ Yes, very worth it ❑ Its worth it ❑ No 7. Would you pay more to swim at Cass Park? ❑Yes ❑No ❑Maybe If so how much? ❑ up to $ 1 more ❑up to $2 more ❑up to $3 more If no or maybe, why not? 9. The pool closes on August 15, would you use the pool if the season were extended? ❑Yes, even more then I do currently ❑Yes, at about the same rate that I do now ❑No 8. What do you like best about the Cass Park swimming pool? ❑Hours ❑ Safety ❑ Cleanliness ❑ Location ❑Appearance ❑Facility ❑ Set up ❑Equipment ❑Acquaintances met here ❑Other 9. What do like least about the Cass Park swimming pool? 01-lours ❑ Safety ❑Cleanliness ❑Location ❑Appearance ❑Facility ❑ Set up ❑ Equipment ❑Other Please tell us one change you would like to see at Cass Park Pool. THANKS FOR YOUR HELP! August 3 , 2004 Town Board Meeting ATTACHMENT # 1 _.�-�1 -� - � _ -�✓-�`��'-/ G,�i!'�'.c./fl. -• 16?E �s�ir' � � b ;qA��i-' ��iCC ��e i eF 114XI4v -;D <��ja� v.se1.e lge71C Bte/i /'/�E //W.5 *x,)P A4C4, -1241Y C'4e:oelve .c9t 77 4t 7' k4r (,>e Aye 1-1;4&oLat� i lfe GfL "' �` JrLil/�!/G' Tft� (C/. 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August 3 , 2004 Town Board Meeting ATTACHMENT # 2 D To : Cathy Valentino +�+ it 6 20 Town Supervisor Town of hac From : Maralyn Edid AT�EBT 'TO .w. - . Renwick Heights neighbo ood tt o W q LEI Re : Relay for Life American Cancer Society, Tompkins County Date : July 23 , 2004 Enclosed please find a petition signed by neighbors in Renwick Heights about the noise emanating from the American Cancer Society's Relay for Life throughout the night of July 9- 10. Please recall that the organizers were required to obtain a noise permit, which stipulated that the sound be turned way down at midnight so that it would not travel into the surrounding neighborhood and disturb residents . Moreover, the organizers stated at a public hearing on June 7 that they intended to do this and had a new sound system which would work better, and that they would send scouts into the neighborhood to check on noise levels . Please note that on the evening in question the sound was not turned down sufficiently to spare the neighbors the annoyance of having to listen to loud music in the middle of the night. Calls to the event organizers and to the sheriff's department did not lead to any improvement in the situation . We are asking that in future , the town of Ithaca insist that the organizers abide by the terms of the permit , that they do what they publicly stated they would do , and that the town enforce its own regulation . And finally, this petition represents only those neighbors closest to my house ; a family medical emergency this week prevented me from scouring the entire area and I wanted to get this to you quickly. Thank you for your attention to this matter. I July 12 , 2004 II As you are all probably aware , the cancer relay was held at the high school on Friday night/Saturday morning . Despite having a noise permit from the town which required the' sound system to be turned off at midnight, and despite verbal assurances at a town board meeting in June , the organizers did not abide by the rules : the loud speaker blared all night . If you were bothered by the noise , and by the indifference to the permit requirement , please sign below. This petition will be presented to the town board so that a different arrangement can be required in the future . LV 0022 ZC*1 2oAu) LC� (� � s _ �D �J C 2 � 72.( C, I , I S Qe n w t c (c L Mcito 4 - - - 4h, August 3 , 2004 Town Board Meetr1j, TACHMENT # 3 � / � e Joseph Wetmore 4 2004 128 Glenside Ithaca , NY 14850 TOWN OF ITHACA July 14 , 2004 BUILDING/ZONING Town of Ithaca 215 N . Tioga Street Ithaca , New York 14850 Open letter to • the-- Town of Ithaca : It is my understanding that the Town of Ithaca has on its books a sign ordinance that defines the sizes of signs allowed and limits the amount of time that " non-permanent " signs may be displayed . This letter is notification that I have a " Bush Must Go " sign in my yard . It has been there continuously since January , 2004 . It is my intention to keep it there at least until January , 2005 if George W . Bush is defeated this November , and until January 2008 if he wins or otherwise contrives to remain in office . It is clear to me that your sign ordinance is unconstitutional and unenforceable , for a number of reasons , some of which I will outline for you : First , there is clearly no compelling government interest in limiting the period of time I am permitted express my political views . On the contrary , the compelling interest of government in a democracy is to encourage the open and continuous expression of political views , which serve as the basis for our choice of government officials and the formation of our collective policies . It seems important to remind you of this interest , in light of the distressing recent tendencies of some public officials to " forget . " Certainly , this situation does not satisfy Justice Holmes ' Clear and Present Danger Test for a permissible exception to the First Amendment , where , for instance , " free speech would not protect a man in falsely shouting fire in a theatre and causing a panic " [ See , Schenck v . United States , 249 U . S . 47 ( 1919 ) . ] . Obviously if my yard sign could somehow constitute a " clear and present danger " , it would do so long before your arbitrary 30 - day period had passed . The very fact that the law allows displaying the sign for any time period is . de facto acknowledgment that the sign and its message do not present any " clear and present danger " . On the other hand , there are compelling , and vitally important , reasons for me to display my sign for longer than 30 days - - indeed , for month after month . One reason is that my audience changes with time . Our fellow citizens ' travel habits change with the seasons , and the folks who drive by my house in the winter are not necessarily the same one who drive by in the spring . Thus , while some people may see my sign month after month , others will see it for the first time in each succeeding week and month . Since there is no single 30 - day period during which I could display my sign to this larger audience , the time limitation , if it could be enforced , would prevent me from speaking my message to everyone I want to reach . Another compelling reason for long - term display of my message is the I r u I P ' statement that is made as the number of similar signs grows . In January , I had one of the few signs visible in the region , and the only one on my block . Now there are several in the neighborhood and thousands in the region . The message to those who see my sign and others day after day is that my cause is gaining momentum . This message can only be delivered and understood with the passage of time . If you restrict my ability to keep my sign displayed over a long period of time , you improperly deprive me of the right to make that statement at all . It is my understanding that the ordinance does not apply to " House For sale " signs . Either that , or you only enforce your sign ordinance against specific messages that for some reason you disfavor . I do not understand how you think that the community can define what kind of speech is allowed , on a yard sign . What compelling community interest is served by banning political yard signs and allowing " House For Sale " signs ? Would my '', sign be legal in your eyes if it said both " House For Sale " and " Bush Must Go " ? Speech is speech ; if yard signs are allowed for the saving of ',one message ( " House for Sale " ) , then they are allowable for any message ( " Bush Must Go " ) . The First Amendment to the United States Constitution provides , " Congress shall make no law respecting an establishment of religion , or prohibiting the ' free exercise thereof ; or abridging the freedom of, speech , or of the press ; or the right of the people peaceably to assemble , and to petition the government for a redress of grievances . " This cornerstone of our freedom , together with an extensive and crystal - clear body of case law proceeding from it , establishes and codifies our right ' to express our political views - - the most ' critically important and sacrosanct class of speech in our democracy . Any governmental attempt to limit citizens ' rights to express their political views is ,a step away from democracy and a violation of our Constitution . Your ordinance is such an attempt . Since your ordinance is patently unconstitutional and unenforceable , I suggest that you simply repeal it , rather than going through the lengthy and costly process of trying to defend it and ending up with the courts voiding it for you . Si cerely , I se ph Wetmore CC : Pete Mevers , Bush Must Go Committee 74i Salk Ithaca Journal Ithaca Times I i i ` August-3- -wv4 �f�own Isoard Meeting ATTACHMENT # 4 Don Barber ' s Presentation ;end@ 0 9 ! to Municipal Officers Association regarding -f Rec Partnership Recreation Partnership I was involved with the formation of the RP. I was part of the hard negotiations necessary to bring all the parties to the agreement. I know the fragility of this organization and I know the vision that was articulated in agreement. I am a public servant who has business, advisory, and legislative experience. I will stand up for my Town, but I have found that by being a team player rather than a bull dog, I can be more effective in securing good things for Caroline. I was one of the first outside the County Legislature to recognize that the taxpayers were in big trouble as the State ramped up its use of the property tax to pay for State programs. The RP is seeing the effect as the County has reduced its funding. With all due respect to M. R., who works tirelessly for our youth and all of us and who is a prime activist with the PUSHBACK movement, I don't share her optimism that the County could find the funds in the 2005 budget to continue its support of the RP. Even if it did, I don't believe it would be able to sustain that funding level in future years until the State stops using the property tax as a revenue source. The County not being a '/4 partner is a change from the assumptions and basis that the RP was formed. With this change and reduced funding our future is changed. We can either be victims of the future and the State' s unsatisfiable appetite for PT or we can look at this as an opportunity to strengthen the RP for 2005 and beyond. It is with this baggage that I come before you. Searching to strengthen the RP and look for the opportunities. These are the opportunities that I see. With the County removing direct funding, how should the RP be structured? Should the County still have 2 voting seats? How will the loss in revenue from the County affect the RP? Less programs? Our last choice or other funding sources such as Sponsorships, donations, fundraising. Is there another RP structure that allows easier access to these funding sources? Can we use this opportunity to bring Lansing into the RP? Can we use this opportunity to get programming to the rural areas or find others ways to deal with the transportation issue which limits the rural youth participation to those from families that are economically well off. I don't claim to have all the answers. These are a few ideas that have been kicked around by the TCMOA, of which the Town of Lansing is a member. 1 . Consider restructuring the It given the removal of some and probably all of the County' s %4 funding. 2 . Consider another RP structure such as 501 c3 ; creating a NFP agency, to facilitate 'accessing funding streams other than PT. 3 . Explore a joint program coordinator role with staff recreation program directors from municipalities that have them (City, Dryden, Lansing, Ithaca, others?). This has the dual effect of getting Lansing involved and getting more programs to the rural areas. 4 . In addition to more rural programs, explore funding sources or collaborations with transportation agencies like TCAT and School districts. To achieve the desired effect of involving more rural youth in RP programs which may have a positive effect on relieving tensions and violence at ISCD. To some these ideas may seem bold ; to others unworkable; and still to others undermining relationships. To those who know me, it is the antithesis of my nature to undermine. This perception is not in anyway my intent and I hope that I can/have removed this emotion. In conclusion, I have heard rumors that some RP members have been upset that the conception and initial discussion of these ideas occurred outside the halls of this great body. My response is that in order to involve Lansing it necessarily had to. Also you should know that the TCMOA talks about many issues that affect Towns. We gather information and have wide ranging discussions about issues and strategies. Since changes in RP cannot happen without the cooperation of a majority of the RP, we humbly bring our thoughts and ideas to you now. Thank you for your consideration. C ' I t ' I • l P ' - r r. J The Inter-Municipal Recreation Partnership J - 2004 Organizational Goals Increased Coordination with Local Programs: Coordinate regular meetings with TCYB staff, IYB staff, and Recreation Coordinators in individual communities to identify information, equipment, facility, and training resources available to share to lower program costs and increase operational efficiencies . Coordinate efforts with local volunteers and recreation organizations to ensure adequate resources and commitment. Reciprocity of Common Programs: Investigate the feasibility of larger and more common programs that exist in both RP-sponsored and local-sponsored programs for decentralization to reduce duplication of services (e. g. , football, soccer) . Develop reciprocal opportunities for County youth, particularly youth in communities without a local program, to enroll in other local (non-RP), in lieu of operating a potentially more costly RP program and taking advantage of quality programs already in existence in local communities. Develop New Sponsorship Opportunities: Increase marketing and name recognition of the Partnership at all Partnership program events. Increase sponsorship opportunities to local business and corporate interests . Fund Raising Events, Develop and sponsor fund-raising events to offset municipal contributions, coordinated with local recreation coordinators, agencies, and volunteers . Develop fundraising programs for local citizens to contribute to on a continual basis . Municipal Outreach : Reach out to municipal officials and participating municipalities to increase the awareness, operation, and benefits of Partnership programs . Program Evaluation : Provide a comprehensive framework for specific program evaluation. Consider program audiences, participation, uniqueness, long-term benefits, and program costs . Coordinator Position : Review and discuss the possibility of establishing and supporting a RP Coordinator position as originally mentioned in the Inter-municipal Recreation Partnership Agreement. If recommended, specific position tasks and objectives should be identified as they relate to RP programs and operation, and coordination with local municipal youth recreation directors . 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