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HomeMy WebLinkAboutTB Minutes 2008-01-07ORGANIZATIONAL & REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, JANUARY 7, 2008 AT 5:30 P.M. 215 NORTH TIOGA ST, ITHACA, NY AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Official Oath of Office administered to newly elected and re-elected Town Board Members: Hon. Peter Stein; Councilmember's elect: Eric Levine and Wiliiam G. Goodman 4. Report of Tompkins County Legislature 5. Report of Ithaca Common Council 6. Report of Fire Commissioners 7. 5:45 p.m. - Betty Faicao, Health Planning Councii, discuss and answer questions pertaining to Assisted Living Centers 8. 6:00 p.m. - Persons to be heard and Board comments 9. 6:15 p.m. - Public Hearing - re: passage of a Local Law increasing the minimum income level for eligibility to receive a property tax exemption for persons with disabilities and limited income 10. Consider adoption of Local Law increasing the minimum income ievei for eiigibiiity to receive a property tax exemption for persons with disabiiities and limited income 11. 6:20 p.m. - Public Hearing - re: passage of a Local Law increasing the minimum income ievei for eiigibiiity to receive a property tax exemption for Persons sixty-five years of age or over 12. Consider adoption of Local Law increasing the minimum income Ievei for eiigibiiity to receive a property tax exemption for Persons sixty-five years of age or over 13. 6:30 p.m. - The Viilage at South Pointe Assisted Living Community presentation 14. Consider Resoiution of appreciation for iong-time Conservation Board Member, Lenore Durkee 15. 7:00 p.m. - Conservation Board Presentation and Recommendations re: Scenic Resources Study (20 min +/-) 16. Discuss and consider amending the EcoViilage Special Land Use District to aiiow Bed and Breakfast Facilities 17. Consider authorization for additional service to SCLIWC and additionai compensation to Budget Officer 18. Consider and approve Birthday Recognition Final - January 3, 2008 19. Consider Approval of 2008 Town Board Meeting Schedule 20. Consider appointment of Deputy Town Supervisor j | 21. Consider appointment of the Town of Ithaca Planning Board Chair 22. Consider appointment of the Town of Ithaca Zoning Board of Appeals Chair 23. Consider appointment of the Town of Ithaca Conservation Board Chair 24. Consider appointment to the Town of Ithaca Planning Board 25. Consider appointment to the Town of Ithaca Zoning Board of Appeais 26. Consider appointments to the Town of Ithaca Conservation Board 27. Consider appointments to the Town of ithaca Ethics Board 28. Consider appointment of the Town of Ithaca Highway Superintendent 29. Consider appointment of the Town of Ithaca Town Clerk 30. Consider appointment of the Town of Ithaca Town Engineer 31. Consider appointment of the Town of Ithaca Receiver of Taxes 32. Consider and approve Town of Ithaca Board Protocol and Procedures Manual j 33. Consider Supen/isor's Board and Committee appointments 34. Consider appointment of Citizen Advisory Committees 35. Consider Intermunicipal Committee Appointments 36. Consider approval of revisions to First Deputy and Deputy Town Clerk job descriptions 37. Consider and acknowledge the appointment of the First Deputy Town Clerk and Deputy Town Clerk 38. Consider appointment of Town Historian 39. Consider Confirmation of Arrangements and Appointment of Attomey(s) for the Town 40. Consider setting Public Hearings for Stormwater Management Laws 41. Discuss 2008 Association of Towns Resolutions and Consider designation of 2008 Officiai Delegate and Alternate Delegate for the New York State Association of Towns 2006 Annual Meeting 42. Consider and approve Herb Engman and Biil Goodman as members of the Tompkir/^ Council of Governments ' I ' ) 43. Consider Agreement for the Expenditure of Highway Monies Final - January 3, 2008 44. Consider Consent Agenda Items a. Approval of Town Board Minutes of December 10,2007 b. Town of Ithaca Abstract c. Bolton Point Abstract d. Voucher deadlines for 2008 e. Cash management and investment policies and procedures f. Consider Approval of Records Disposition List g. Designation of Official Newspaper h. Designation of Official Depositories of Town Funds I. Official Bonds of Town Officers and Employees j. Reappolntment of Deputy Highway Superintendent k. Holiday Tree Pickup 45. Reportof Town Committees a. Agricultural Land Preservation Advisory Committee b. Capital Projects and Fiscal Planning Committee c. Cayuga Lake Watershed Intermuniclpal Organization d. Codes and Ordinances Committee e. Lake Source Data Sharing Committee f. Personnel Committee g. Public Works Committee h. Recreation Partnership I. Records Management Advisory Board ]. Safety Committee k. Sewer Joint Subcommittee I. Sewer Contract Committee m. Southern Cayuga Lake Intermuniclpal Water Commission n. Transportation Committee 46. Consider Adjournment Final - January 3, 2008 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Karen M. Billings, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICES OF PUBLIC HEARINGS: Consider a Local Law amending Chapter 239 of the Town of Ithaca Code, entitled "Taxation", regarding Exemption for Certain Disabled Persons with Limited Incomes AND Consider a Local Law Amending Chapter 239 of the Town of Ithaca Code, entitled "Taxation", regarding Senior Citizen Exemption. Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Thursday, December 20, 2007 Date of Publication: Monday, December 24, 2007 Karen M. Billings Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 26^^ day of December, 2007 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County OnU) Commission Expires December 26. o Monday, December 24, 2007 iThe Ithaca Journal TOWN OF ITHACA NOTICE OF PUBUC HEARINGS NOTICE IS HEREBY GIV- EN that the Town Boord of ' the Town of ithoco will * hold two public hearings on Monday, Jonuoiy 7, 2008 in the Town Hall, located ot 215 North Tio- go Street, tthoca, NY at 6:15 p.ni. for the purpose of considering a Local law amending Chapter 239 of the Town of (thaca Code, entitled"taxofion," regarding Ex emption for Certain Diso- bled Persons with Limited Incomes; AND at 6:20 p.m. for the purpose of considering a Local low amending Chapter 239 of the Town of Ithaca Code, entitled, "Taxotion," regarding Se nior Citizen Exemption. Copies of the proposed ocol taws ore on file in the fown Clerk's Office at 215 North Tioga Street, Ithaca, NY end available for review during norrrwl business hours, Monday through Fridoy, 8:00 a.m. to 4:00 p.m. FURTHER NOTICE IS HEREBY GIVEN that ot such time and ploce all persons interested in theEroposed local laws may e heard concerning the some, ond FURTHER NOTICE IS GIVEN that upon request, assistance will be provided to persons with sp^ial ' needs. Persons desiring ossistance most make a re quest to the Town Clerk not less than 48 hours pri- • or to the time of the public heoring. Karen M. Billings Town Clerk Doted: December 20, 2007 12/24/07 Town of Ithaca Town Board Sign-In Sheet Meeting Date: Please Print your information to ensure accuracy in the meeting minutes Print Name Print Address e-mail Sitn'r Cdjv Qeb^'cfi l?v\\§o fPf^L Vr/n L-19- t -/cTD K) f^3tA\i/.iOAj \m fe(/ A j-y. Ml //( RiuLA CoAs-o^ Qcn^ (J, h U 4^ihL6A LSaito^lk 1^/ CoP^/6to Fau^ Lcs if? g fA-LCAO^ ti^drd, f(jO>f\^ uj^l n CoT^({bf'C(pinormc.n IfHl^Leh fOs // V<^^.>c7fe. l\2, r 3 ^ <=-lf-^. Por<^(. ^t3' Approved February 11, 2008 Regular Meeting of the Ithaca Town Board Monday, January 7,2008 at 5:30 p.m. 215 Tioga Street, Ithaca, NY 14850 Those Present Supervisor Engman; Councilman Burbank, Councilman Stein, Councllwoman Leary, Councilman Cowie, Councilman Goodman Excused Councilman Levine Staff Present Karen Billings, Town Clerk; Dan Walker, Director of Engineering; Fred Noteboom, Highway Superintendent; Jonathan Kanter, Director of Planning; Judy Drake, Human Resources Manager; Susan Brock, Attorney for the Town. Excused Al Carvill, Budget Officer Others Present Betty Faicao, Tompkins County Human Services Coalition; Gail Carson, 111 Rachel Carson Way; Rebecca Norman, 402 Teton Ct; Lucia Sacco, 18 Ringwood Ct.; Bill Sonnenstuhl, 206 Winston Dr.; Chris & Paul Vitale, SouthPointe Assoc.; Tom and Patti Farell, 151 Enfield Falls Rd.; Liz Norton, 320 W. State St.; James W. Hamilton, 1003 Slaterville Rd.; Diane Conneman, Town of Ithaca Conservation Committee; George Conneman, 197 Christopher Ln.; Larry Sallinger, 14 Peachtree Ln.; Sitephen Wagner. Call to Order Supervisor Engman called the meeting to order at 5:30 p.m. and led the assemblage in the Pledge of Allegiance. Agenda Item No. 3. Official Oath of Office administered to newlv elected and re- elected Town Board Members: Hon. Peter Stein: Councilmember's elect: Eric Levine and William D. Goodman by Town Clerk, Karen Billings. Eric Levine - absent. Agenda Item No. 4. Report of the Tompkins Countv Legislature ~ None present. Agenda Item No. 5. Report of the Ithaca Common Council - None present. f Agenda Item No. 6. Report of the Fire Commissioners (See attachment #1) None present. Page 1 of 41 Approved February 11, 2008 ' \ Agenda Item No. 7. (Presentation) Bettv Falcao. Health Planning Council, discuss and answer guestions pertaining to Assisted Living Centers (See attachment #2) Supervisor Engman introduced Betty Falcao to the board. Betty is the Director of the Health Planning Council, which is part of the Human Services Coalition in Tompkins County, a not-for-profit community organization. Betty was joined by Rebecca Norman, Director of the Long Term Care Services Unit at the Department of Social Services. Betty passed out literature (refer to attachment #2) and provided an overview. Betty stressed that the County needs Assisted Living Program Beds in the County and this need has existed for more than ten (10) years; Pent up demand exists because the state has had a moratorium on new beds across the state; Most long-term care recipients receive care in their own homes (70% - 80% of care is provided in this way) leading to a host of services necessary to provide this care; Many of the adult home care units are for those with private pay resources; Longview takes some who are on SSI (Supplemental Securities Income) - $32/day; Assisted Living Program - Medicaid - this is what SouthPointe is being considered for; NYS put out an RFP (Request for Proposal) to get more applications, and assigned a certain number of beds statewide. The Berger Commission and the State determined that Tompkins County needs more beds; We have no Medicaid Assisted Living Centers now; The Private Pay Adult Homes are going to be applying for Assisted Living Level of care, but it's a different pot of money; NYS is primarily concerned with Medicaid clients; Over 40% of Medicaid expenditures in New York City are for Long-Term Care and Medicaid pays 74% of Nursing Home Care; Home care is expensive - Home Health Aides cost $20/hr. and a nursing visit can be $100/hr. There are a fair number of people who really need this level of care - Assisted Living Center; The evolution of the long-term care system in NYS has made Nursing Homes the long-term care facilities of the poor and Assisted Living has become the long- term care of the rich. Having Medicaid funded Assisted Living Centers would give those with lesser Income the opportunity to live in an Assisted Living Center; Questions from the Board Members: Councilwoman Leary had researched and asked for clarification that this application (SouthPointe) will not compete with Longview's application. Betty advised that Home care was the older model, and the state did not want to build more facilities because it ^ would create a need, but family care is becoming impossible for families to do. f Page 2 of 41 Approved February 11, 2008 ^ Supervisor Engman asked how many slots have been allocated for Tompklns County. Betty responded that the allocation is statewide and providers need to submit proposals. Councilman Burbank asked about the quality of care and whether or not the SouthPointe application would affect Longview's application. Betty responded that the state monitors facilities and Longview's application, to the best of her understanding, will not be affected by SouthPointe's application. Betty mentioned that keeping the centers in the county allows for more visitations from family members, which also provides a better level of monitoring and supplemental care. Councilman Burbank questioned the zoning issues and proximity to other places, because of the decision that the Town Board members have to make. Betty responded that she can respond to need-based questions but zoning is an issue for the Town Board members to consider. Councilman Stein wanted to know what the difference is between Assisted Living Program vs. Assisted Living Program Medicaid; is it services provided or the level of services? Betty responded that Assisted Living Medicaid is an Adult Home (like Longview) The Medicaid System overlay is additional assistance provided. This is the mechanism, in NYS, for providing this to low income individuals. Councilwoman Leary wanted to assist with an answer, because she had spoken with Mark Macera and she understands that the level of medical care that is given is limited in an Assisted Living Center, she said that if there is not a Medicaid component the facility personnel are not allow to administer medications. Betty closed by stating that providing a certain level of care to people is the primary motive. Agenda Item No. 8 - Persons to be heard None. Board Comments: Councilwoman Leary wanted to update the Board Members on correspondence from a resident who had a situation with a Taxi Company. She clarified that the letter writer wanted to provide suggestions to the Town Board on how to update the current law; from our standpoint we need to update the Taxi Company on provisions in the law. The letter writer is not filing a formal complaint. Supervisor Engman highlighted the Youth Recreation Partnership display in the Town Hall Lobby; asked Town Board members if anyone from the Board could go before the Tompklns County Legislature to make a presentation on behalf of the Town on Tuesday, January 15^ at approximately 5:30 p.m. - no volunteers. Page 3 of 41 Approved February 11, 2008 NOW, THEREFORE, BEIT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses our sincere appreciation and gratitude to Lenore Durkee for her dedicated and valuable service to our community. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye Absent: Councilman Levine Approved: Unanimous Agenda Item No. 16. Discuss and consider amending the EcoVillaqe Special Land Use District to allow Bed and Breakfast Facilities (See attachment #3) Supervisor Engman introduced this amendment for discussion and recapped the purpose of the proposed law. ! \ Agenda Item No. 14. Consider Resolution of appreciation for long-time Conservation Board Member. Lenore Durkee The resolution was introduced by Supervisor Engman. TB RESOLUTION NO. 2008- 001: Resolution of AoDreciation and Recognition of Service for Lenore Durkee WHEREAS, Lenore Durkee was appointed to the Town of Ithaca Conservation Board in January 2001, and served as Chair of such board from January 2003 through 2005, serving with distinction for more than seven years; and WHEREAS, Ms. Durkee has been a significant member of the Board, who has devoted much personal time and energy to Conservation Board projects, including serving on the Environmental Review Committee, the Richard B. Fischer Award Committee, as well as spearheading the drafting of the Stream Setback Law; and WHEREAS, Ms. Durkee, a professor emeritus of bioiogy, whose education, experience, and passion for environmental concerns has been a valuable asset to the board, and WHEREAS, the Town of Ithaca is indebted to Ms. Durkee for her contributions and service to the town and its citizens in these capacities; I t Page 4 of 41 Approved February 11, 2008 ^ Applicant recap: Gail Carson from the EcoVillage's Wild Goose Bed & Breakfast, which already exists at EcoVillage (illegally), briefly outlined her facility and its purpose. TB RESOLUTION NO. 2008 - 002: RESOLUTION TO REFER TO THE TOWN OF ITHACA PLANNING BOARD FOR ITS CONSIDERATION AND TO SCHEDULE A PUBLIC HEARING TO CONSIDER ENACTMENT OF THE FOLLOWING PROPOSED LOCAL LAW: A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, ENTITLED "ZONING: SPECIAL LAND USE DISTRICTS", ADDING BED-AND- BREAKFAST AS A PERMITTED PRINCIPAL USE IN ECOVILLAGE'S SPECIAL LAND USE DISTRICT NO. 8 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby refers the above- referenced Local Law to the Planning Board for a recommendation; and BE IT RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the day of March 2008, at 6:00 p.m. for the purpose of considering the enactment of the proposed local law described above; and it is further RESOLVED, that at such time and place all persons Interested in the proposed [ '] amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilman Cowie SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye. Unanimous Absent: Councilman Levlne Bill Goodman - recused himself 6:15 p.m. Supervisor Engman opened the Public Hearing: Agenda Item No. 9. Publlc Hearing - re: passage of a Local Law increasing the minimum income ievel for eiigibilitv to receive a property tax exemption for persons with disabilities and iimited income (See attachment #4) Page 5 of 41 / t Approved February 11, 2008 No individuals came forward to speak on behalf of or in opposition to this Local Law proposal. Agenda Item No. 10. Consider adoption of Local Law increasing the minimum income level for eligibility to receive a property tax exemption for persons with disabilities and limited income Supervisor Engman introduced this item. No discussion. TB RESOLUTION NO. 2008- 003: ADOPTING A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE. TITLED "TAXATION". REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMtTED INCOMES WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on January 7, 2008 at 6:15 p.m., to hear ail interested parties on a proposed local law amending Chapter 239 of the Town of Ithaca Code, Titled 'Taxation", regarding exemption for certain disabled persons with limited incomes: Qnd WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and ail parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board of the Town of Ithaca that adoption of this local law is a Type 11 action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus, adoption of this local law is not subject to review under SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION", REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that, the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. , ^ / \ f Page 6 of 41 Approved February 11, 2008 ^ MOVED: Councilman Stein SECONDED: Councilwoman Leary ROLL CALL VOTE: Supervisor Engman, aye Councilman Burbank, aye Councilman Stein, aye Councilman Cowie, aye Councilwoman Leary, aye Councilman Goodman, aye Councilman Levine - absent Motion passed: unanimous Agenda Item No, 11. Pubiic Hearing - re: passage of a Local Law increasing the minimum income level for eiigibilitv to receive a property tax exemption for Persons sixtv-five years of age or over (See attachment #5) No individuais came forward to speak on behalf of or in opposition to this Local Law proposal. ^ TB RESOLUTION NO. 2008- 004: Consider adoption of a "Local Law Amending Chapter 239 of the Town of Ithaca Code. Titled "Taxation." Reaardina Senior Citizen's Exemption" WHEREAS, a resolution was duiy adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on January 7, 2008 at 6:20 p.m. to hear all interested parties on a proposed local law entitled " Local Law Amending Chapter 239 of the Town of Ithaca Code, Titled Taxation," Regarding Senior Citizens Exemption": and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQf^") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board of the Town of Ithaca that adoption of this local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus, adoption of this local law is not subject to review under SEQRA, NOW, THEREFORE, be it Page 7 of 41 Approved February 11, 2008 f^\ i ^ RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law n entitled "Local Law Amending Chapter 239 of the Town of Ithaca Code, Titled "Taxation, "Regarding Senior Citizens Exemption ", a copy of which Is attached hereto and made a part of this resolution; and it is further RESOLVED, that, the Town Clerk Is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Goodman SECONDED: Councilman Stein ROLL CALL VOTE: Supervisor Engman, aye Councilman Burbank, aye Councilman Stein, aye Councilman Cowie, aye Councllwoman Leary, aye Councilman Goodman, aye Councilman Levine, absent Motion Passed: Unanimous Agenda Item No. 13. Presentation bv the Village at SouthPointe Assisted Living Community (See attachment #6) Supervisor Engman introduced this item. Chris and Paul Vitale, representing SouthPointe Associates, did a joint presentation. They referred to information previously passed out at the last Town Board meeting and passed out two additional copies for new Town Board Members. Chris spoke of the November 19^^ presentation and reiterated the concems expressed by the Town Board members at that time. The plot and location were of primary concern. In an effort to meet the needs of the Board members, SouthPointe picked another location that they believe is a better location, primarily because it is off the main highway (Route 13) and located on route 327. Entry is adjacent to Robert Treman Park. Chris said the new site is about 2 miles from downtown Ithaca, on a 10.69 acre piece of property that's contiguous, all public utilities and drainage are available and in place. No site plan was put together with an engineer - this is a very preliminary presentation. Proposal is for an eighty bed facility. Councilman Stein asked to have this referred to the Planning Committee. Page 8 of 41 Approved February 11, 2008 ^ TB Resolution No. 2008-005: Approve sending the request for re-zonina for an Assisted Living Community, entitled the ViUaae at SouthPointe bv SouthPoint Assisted Living Community, to the Town of ithaca Piannina Committee WHEREAS, SouthPointe Associates would like to construct an Assisted Living Center In the Town of Ithaca; and WHEREAS, SouthPointe Associates made a presentation to the Town Board at Its November 19, 2007 Town Board meeting and the Board members asked SouthPointe to look at other locations, and WHEREAS, SouthPointe Is now asking for preliminary approval of the Town Board to consider a new site In the Town of Ithaca and would like more approvals from the Town Board prior to engaging the resources of an engineer to more fully study sites, NOW THEREFORE BE iT RESOLVED, that the Town Board of the Town of Ithaca refers SouthPointe Associates' newest proposal to the Town of Ithaca Planning Committee for Its review and recommendations to the Town of Ithaca Town Board for further consideration. MOVED: Councilman Stein SECONDED: Councllwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councllwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levlne, absent. Motion passed: unanimous. Agenda Item No. 15. Conservation Board Presentation and Recommendations re: Scenic Resources Study (See attachment #7) The Conservation Board's Scenic Resources Study was presented by Diane Conneman. PowerPoint Presentation - refer to attachment. She gave a brief background on the project, then introduced and explained the scenic views covered in the presentation. Ms. Conneman then solicited questions from the board. Board members asked the following questions: • What would a Tree Ordinance involve? Are there models? o Conservation Board has models to build on and it is one of its priorities. • What mechanisms were looked into for protecting scenic views? Page 9 of 41 Approved February 11, 2008 o Several mechanisms were looked into briefly. Ms. Conneman highlighted the "Scenic Overlay Zone". • Has the Conservation Board communicated to the Planning Board its impression of the Ithaca College view? o Eva Hoffmann, Planning Board Member, worked with the Scenic Views Committee. Suggestions/Comnnents: • Put Scenic Tour Map on the Town's Web site; • Put Saving Ithaca's Views report on Town Web site with an executive summary; • Include protection of scenic views into Comprehensive Ran; • Initiate discussions with other (sister) municipalities regarding protecting views; • Views contribute to quality of life; • Develop zoning provisions to ailow more flexibility on the part of the Planning Board in its review process in order to protect views. The current wording in Saving Ithaca's Views report may create problems; • Refer protecting scenic views to the Planning Committee with assistance from Conservation Board - we need to set priorities; • Weigh the trade offs between sociai needs and vistas. Supervisor Engman suggested the board formally refer the item to the Planning Committee. TB RESOLUTION NO. 2008-006: Referral of Scenic Resources Studv to the Planning Committee BE iT RESOLVED, that the Town Board of the Town of Ithaca refer the Scenic Resources Study to the Planning Committee for consideration. MOVED: Councilman Goodman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent Motion passed: unanimous. Agenda Item No. 17 - Consider authorization for additional service to SCLIWC and additional compensation to Budget Officer (See attachment #8) The Personnel Committee reviewed and recommended authorizing additional services to Boiton Point (SCLIWC), Page 10 of 41 I I ' 1 ' I Approved February 11, 2008 TB RESOLUTION NO. 2008-007: Authorization for Additional Service to SCLIWC and Additional Compensation to Budget Officer WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission requested additionai services from the Town of ithaca for the Budget Officer for training and consuiting for the Finance Manager in 2008; and WHEREAS, the Commission wiii reimburse the Town of ithaca for additionai wages and fringes (see attached sheet) for the Budget Officer, whiie providing said additionai duties; NOW, THEREFORE, BE iT RESOLVED, that the Town Board of the Town of ithaca does hereby authorize the additional services of the Budget Officer to the Southern Cayuga Lake Intermunicipal Water Commission for 2008; and be it further RESOLVED, the Town Board authorizes the additionai wage portion of the reimbursement from Southern Cayuga Lake Intermunicipal Water Commission to be paid to the Budget Officer for the additionai work load he is assuming. MOVED: Councilman Cowie SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent Motion passed: unanimous. Agenda Item No. 18 - Consider and Approve Birthday Recognition Supervisor Engman introduced the item and explained that birthday recognition is currently practice and not policy. The proposed resolution brings it into policy and makes it part of the Personnel Manual. TB RESOLUTiON NO. 2008-008: ApDrovai of Birthday Recognition Program WHEREAS, the previous Town Supervisor started a birthday recognition program for the employees in 1997; and WHEREAS, the program provides time off to hourly (including Court Clerks) employees as recognition of their birthday, which is based on their years of service, and is to be used within 30 days of their birthday; and Page 11 of 41 Approved February 11, 2008 ( \ WHEREAS, the Personnel Committee discussed this program and recommends ^ having the program become an official program approved by the Town Board versus a memo program under the Town Supervisor; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve of the Birthday Recognition Program as outlined beiow; and be it further RESOLVED, the Human Resources Manager is hereby directed to add this program to the Personnel Manual. MOVED: Councilman Cowie SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. Motion passed: unanimous. \ I \ Birthday Recognition Program: In recognition and celebration the Town provides paid time off to the hourly employees (including the Court Clerks) for their birthday. An employee will receive a birthday card and certificate signed by the Town Supervisor. An employee will receive time off from work in recognition of their birthday based on their years of service, as of the employee's birthday. The time shall be used within 30 days of receipt. The certificate should be attached to their time card in the pay period the time is being taken. The time should be coded as "O" for other time. Salaried management staff will receive a card only from the Town Supervisor. Recoanition schedule Years of Service Time off Less than 1 year 1 hour 1-4 years 2 hours 5-9 years day 10 or more years 1 full day Agenda Item No. 19 - Consider Approval of 2008 Town Board Meeting Schedule I ^ Page 12 of 41 Approved February 11, 2008 TB RESOLUTION NO. 2008-009: Set Dates for 2008 Town Board Meetings BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves the following schedule for Its 2008 Town Board meeting dates: Monday, February 11, 2008 5:30 p.m. Monday, March 10, 2008 5:30 p.m. Monday, April 7, 2008 5:30 p.m. Monday, May 12, 2008 5:30 p.m. Monday, June 9, 2008 5:30 p.m. Monday, July 7, 2008 5:30 p.m. Monday, August 11, 2008 5:30 p.m. Monday, September 8, 2008 5:30 p.m. Thursday, October 2, 2008 5:30 p.m. Monday, October 20, 2008 5:30 p.m. Thursday, November 6, 2008 5:30 p.m. Monday, November 10, 2008 5:30 p.m. Monday, December 8, 2008 5:30 p.m. Wed., December 31, 2008 10:00 a.m. Year-End Meeting Budget Discussion (Monday, Oct. 13^ is Columbus Day) Budget Discussion MOVED:Councilman Stein SECONDED:Councilman Cowie VOTE:Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. Motion passed: unanimous. Agenda Item 20 - Consider Appointment of Deputy Town Supervisor Supervisor Engman stated he would like to appoint Councilman Burbank as deputy supervisor and asked If someone would move the resolution. Page 13 of 41 Approved February 11, 2008 Point of order - why is board voting on supervisor appointment? Ms. Drake explained ^ ^ that affirmation of some appointments are necessary in order to provide a paper trail for civil service. TB RESOLUTION NO. 2008-010: Appointment of Deputy Town Supervisor The Town Board of the Town of Ithaca hereby acknowledges the Town Supervisor's appointment of Will Burbank as Deputy Supervisor to serve at the pleasure of the Town Supervisor. RESOLVED, as Deputy Supervisor, Councilperson Burbank is hereby afforded all duties and responsibilities of the said position as prescribed by Section 42 of Town Law, General Municipal Law, and the Public Officer's Law of the State of New York. MOVED: Supervisor Engman SECONDED: Counciiman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. I ) Motion passed: unanimous. ' Agenda Item No. 21 - Consider appointment of the Town of Ithaca Planning Board Chair Supervisor Engman proposed Rod Howe serve as Planning Board Chair. TB RESOLUTION NO, 2008-011: Appointment of Planning Board Chair for the Year 2008 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Rod Howe to serve as Chair of the Planning Board for the term January 1, 2008 to December 31, 2008. MOVED: Counciiman Burbank SECONDED: Counciiman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. , > Motion passed: unanimous. ^ Page 14 of 41 Approved February 11, 2008 \ Agenda Item No, 22 - Consider appointment of the Town of Ithaca Zoning Board of Appeals Chair Supervisor Engman recommended Kirk Sigel to serve as the Zoning Board Chair. TB RESOLUTION NO, 2008-012: Appointment of Zoning Board of Appeals Chair for the Year 2008 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kirk Sigel to serve as Chair of the Zoning Board of Appeals for the term January 1, 2008 to December 31, 2008. MOVED: Councilman Goodman SECONDED: Counciiwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent Motion passed: unanimous. Agenda Item No. 23 - Consider appointment of the Town of Ithaca Conservation Board Chair Supervisor Engman suggested Diane Conneman serve a Conservation Board Chair. TB RESOLUTION NO. 2008-013: APPOINTMENT OF CONSERVATION BOARD CHAIR FOR THE YEAR 2008 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Diane Conneman to serve as Chair of the Conservation Board for the term January 1, 2008 to December 31, 2008. MOVED: Supervisor Engman SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. Motion passed: unanimous. Page 15 of 41 Approved February 11, 2008 Agenda Item No. 24 - Consider appointment to the Town of Ithaca Planning Board i s ( 'I Supervisor Engman recommended Hollis Erb be appointed to the Planning Board for a 7-year term. TB RESOLUTION NO. 2008-014: Aooointment of Planning Board Member BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Hollis Erb to serve on the Planning Board for a seven year term beginning January 1, 2008 and ending December 31, 2014. MOVED: Supervisor Engman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Counciiman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. Motion passed: unanimous. Agenda Item No. 25 - Consider appointment to the Town of Ithaca Zoning Board of Appeals \ Supervisor Engman recommended David Mountin be appointed to the Zoning Board for a 5-year term. TB RESOLUTION NO. 2008-015: Appointment of Zoning Board of Appeals Member BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints David Mountin to serve on the Zoning Board of Appeais for a term of office beginning January 1, 2008 and ending December 31, 2012. MOVED: Councilman Cowie SECONDED: Councilman Goodman VOTE: Supervisor Engman, aye; Counciiman Burbank, aye; Counciiwoman Leary, aye; Counciiman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. Motion passed: unanimous. Page 16 of 41 Approved February 11, 2008 Agenda Item No. 26 - Consider appointments to the Town of Ithaca Conservation Board Supervisor Engman recommended Diane Conneman, Mike Goettel, Chris Benedict, and Larry Sallinger be appointed to the Conservation Board. TB RESOLUTION NO. 2008-016: APPOINTMENT OF CONSERVATION BOARD MEMBERS BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the following individuals to the Conservation Board for terms beginning January 1, 2008 and ending December 31, 2009: Diane Conneman Michael Goettel Chris Benedict Larry Saiilnger MOVED: Supervisor Engman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent Motion passed: unanimous. Agenda Item No. 27 - Consider appointments to the Town of Ithaca Ethics Board Supervisor Engman recommended Gary Stewart be appointed to the Ethics Board. TB RESOLUTION NO. 2008'017: Appointment of Ethics Board Member BE IT RESOLVED, that the governing Board of the Town of Ithaca hereby appoints Gary Stewart, as an Independent member to the Ethics Board to fill a new five (5) year term beginning January 1, 2008 and ending December 31, 2012. MOVED: Supervisor Engman SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiwoman Leary, aye; Councilman Stein, aye; Councilman Page 17 of 41 Approved February 11, 2008 Cowie, aye; Councilman Goodman, aye; Councilman Levins, absent. I ^ \ Motion passed: unanimous. Agenda Item No. 28 - Consider appointment of the Town of Ithaca Highway Superintendent Councilman Stein confirmed the appointment was a board appointment. TB RESOLUTION NO. 2008-018: Apoomtment of Highway Superintendent BE IT RESOLVED, Fred Noteboom is hereby re-appointed as Highway Superintendent, for a term continuing until the f day of January next succeeding the next biennial Town election to wit, January 1, 2010. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levins, / ^ absent. ' Motion passed: unanimous. Agenda No, 29 - Consider appointment of the Town of Ithaca Town Clerk TB RESOLUTION NO. 2008-019: ApDointment of Town Clerk BE IT RESOLVED, Karen Billings is hereby re-appointed as Town Clerk, for a term continuing until the day of January next succeeding the next biennial Town election to wit, January 1, 2010. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levins, absent. Motion passed: unanimous. > f Page 18 of 41 ( Approved February 11, 2008 Agenda Item No. 30 - Consider appointment of the Town of Ithaca Town Engineer TB RESOLUTION NO. 2008'020: ADDointment of Town Engineer BE IT RESOLVED, that Daniel Walker, P.E. is hereby re-appointed as Town Engineer and Director of Engineering for a term continuing until the 1^* day of January next succeeding the next biennial Town election to wit, January 1, 2010. MOVED: Councilman Goodman SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Durbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, absent. Motion passed: unanimous. Agenda Item No. 31 - Consider appointment of the Town of Ithaca Receiver of Taxes TB RESOLUTION NO. 2008-021: AoDointment of Receiver of Taxes BE IT RESOLVED, Deborah Kelley is hereby re-appointed as Receiver of Taxes, for a term continuing until the 1^^ day of January next succeeding the next biennial Town election to wit, January 1, 2010. MOVED: Supervisor Engman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine Agenda Item No. 32 - Consider and approve Town of Ithaca Board Protocol and Procedures Manual Councilman Burbank suggested the item be pulled from the agenda and reviewed at the February board meeting. There was consensus from the board to do so. Agenda Item No, 33 - Consider Supervisor's Board and Committee appointments Page 19 of 41 Approved February 11, 2008 Supervisor Engman brought the resolution to dissolve the Agricultural Land ' ^ Preservation Committee and the Transportation Committee, and create the Planning ^ Committee up for discussion. Ms. Brock reminded the Board that it is the Town Supervisor's function to create and dissolve committees as well as to determine their scope. Supervisor Engman clarified that the committees being dissolved are citizen committees. Ms. Brock suggested changes to the resolution reflecting that the Town Board dissolved the Agricultural Land Preservation Committee and the Transportation Committee and the Town Supervisor established the Planning Committee. TB RESOLUTION NO. 2008-022: DISSOLVING THE AGRICULTURAL LAND PRESERVATION ADVISORY COMMITTEE AND THE TRANSPORTATION COMMITTEE AND INCORPORATING THEIR RESPECTIVE FUNCTIONS INTO THE NEW PLANNING COMMITTEE WHEREAS, the Town of Ithaca Town Board established the Town of Ithaca Agricultural Land Preservation Advisory Committee as part of the Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation Program, adopted July 12, 1999 and updated March 13, 2006, to (a) advise the Town Board on all proposed policies, rules and regulations for the administration of the program; (b) review all applications for participation In the program; and (c) make recommendations to the Town Board regarding all agricultural conservation easement acquisitions; and ^ I I WHEREAS, the Town of Ithaca Town Board established the Town of Ithaca Transportation Committee on April 9, 2001 to address a broad range of Intermodal transportation Issues specific to the Town of Ithaca, and to study and make recommendations to the appropriate bodies on Town-wide transportation Issues with coordination from neighboring entitles such as Cornell University and the City of Ithaca, and to lay the groundwork for developing a Town of Ithaca Transportation Plan; and WHEREAS, the Transportation Committee completed the Town of Ithaca Transportation Plan, and the Town Board adopted that Plan on July 9, 2007; and WHEREAS, the Town Supervisor proposes to establish a new Planning Committee, which could among other functions. Incorporate the functions of the Agricultural Land Preservation Advisory Committee and the Transportation Committee; now therefore, be It RESOLVED, that the Town of Ithaca Town Board does hereby dissolve the Town of Ithaca Agricultural Land Preservation Advisory Committee; and It Is FURTHER RESOLVED, that the Town Board of the Town of Ithaca does hereby dissolve the Town of Ithaca Transportation Committee; and It Is ! ^ / , Page 20 of 41 Approved February 11, 2008 FURTHER RESOLVED, that the Town of Ithaca Town Board does hereby recommend that the functions of the Town of Ithaca Agricultural Land Preservation Advisory Committee and Town of Ithaca Transportation Committee shall be incorporated, among others, into the functions of the Town of Ithaca Planning Committee; and it is FURTHER RESOLVED, that the Town of Ithaca Town Board does hereby amend the Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation Program to (1) modify all references to the "Agricultural Land Preservation Advisory Committee" by adding the phrase "or successor Committee", and (2) delete the entire third paragraph on page 3 of the Manual containing the mandatory listing of members of the Agricultural Land Preservation Advisory Committee. MOVED: Counciiman Stein SECONDED: Councilman Cowie VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Biil Goodman, aye. Unanimous Absent: Councilman Levine Supervisor Engman next Introduced the resolution dissolving the Alternate Energy Committee and the Recreation and Human Services Committee and establishing the Operations Committee. Supervisor Engman confirmed the Alternate Energy Committee and the Recreation and Human Services Committee were citizen committees. Ms. Brock suggested changes to the resolution reflecting the Town Board dissolved Alternate Energy Committee and the Recreation and Human Services Committee and the Town Supervisor established the Operations Committee. TB RESOLUTION NO. 2008-023: DISSOLVING THE ALTERNATIVE ENERGY COMMITTEE AND THE RECREATION AND HUMAN SERVICES COMMITTEE AND INCORPORATING THEIR RESPECTIVE FUNCTIONS INTO THE NEW OPERATIONS COMMITTEE WHEREAS, the Town of Ithaca Town Board established the Alternative Energy Committee to advise the Town Board on policies and programs related to alternative energy options for Town facilities; and WHEREAS, the Town of Ithaca Town Board established the Recreation and Human Services Committee to advise the Town Board regarding policies and programs related ' to recreation, youth programs, and other human services programs in the Town of Ithaca; and Page 21 of 41 Approved February 11, 2008 ( t WHEREAS, the Town Supervisor proposes to establish a new Operations Committee, ^ which could among other functions, incorporate the functions of the Alternative Energy Committee and the Recreation and Human Services Committee; now therefore, be it RESOLVED, that the Town of Ithaca Town Board does hereby dissolve the Alternative Energy Committee; and it is FURTHER RESOLVED, that the Town of Ithaca Town Board does hereby dissolve the Recreation and Human Services Committee; and it is FURTHER RESOLVED, that the Town of Ithaca Town Board does hereby recommend the establishment of the Town of Ithaca Operations Committee; and it is FURTHER RESOLVED, that the Town of Ithaca Town Board does hereby recommend that the functions of the Alternative Energy Committee and Recreation and Human Services Committee shall be incorporated, among others, into the functions of the Town of Ithaca Operations Committee. MOVED: Councilman Stein SECONDED: Councilman Goodman I VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman * Stein, aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine Councilman Stein asked if there is a formal way to record the Supervisor's appointments. Ms. Brock explained that, pursuant to the Procedures and Protocol Manual, the Supervisor creates the committees and appointments the members; then pursuant to tradition, the Town Board ratifies the appointments. Such resolution was then introduced by Supervisor Engman. Counciiwoman Leary commented that she thought there would be three board members on each committee. Supervisor Engman explained he was not able to get enough volunteers for each committee and solicited volunteers. The proposed resolution was changed to reflect additional members to the Budget & Management Committee and the Operations Committee. Supervisor Engman urged the committees to meet as soon as possible to set its meeting schedule for the year. Counciiwoman Leary suggested that a matrix or spreadsheet could be developed of committee schedules. Councilman Burbank added On that committees also needed to determine its scope of work. \ Page 22 of 41 Approved February 11, 2008 TB RESOLUTION NO. 2008-024: Town Supervisor's Town Board Committee and Records Management Advisory Board Appointments BE IT RESOLVED that the Town Board of the Town of Ithaca ratifies the following Town Supervisor's Town Board Committee and Records Management Advisory Board appointments for a term beginning January 1, 2008 through December 31, 2008: Budget & Management Committee Eric Levlne, Chair Herb Engman Pat Leary Personnel Committee JeffCowie, Chair Peter Stein Pat Leary Operations Committee Herb Engman, Chair Will Burbank Jeff Cowie ' Public Works Committee Peter Stein, Chair Pat Leary Bin Goodman Planning Committee Will Burbank, Chair Pat Leary Peter Stein Records Management Advisory Board Town Supervisor, Herb Engman Town Councilor, Pat Leary Town Clerk, Karen Billings, Chair Town Historian, Laura W. Johnson-Kelly Town Engineer, Dan Walker GailKroll Lisa Carrier-Titti - Staff Appointment MOVED: Councilman Stein SECONDED: Councilman Burbank Page 23 of 41 Approved February 11, 2008 ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman i * Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. ^ Unanimous Absent: Councilman Levine Agenda Item No. 34 & 35- Consider appointment of Citizen Advisory Committees. Consider Intermunicipal Committee appointments Supervisor Engman Introduced the resolution containing committee appointments. Councilwoman Leary suggested that Supervisor Engman also serve on the Codes and Ordinances Committee and Increase the number of Town Board members on the committee to 4. Supervisor Engman agreed to continue serving on the committee. Board continued to discuss Increasing Town Board membership on COC. Councilman Stein moved to add a fourth Town Board member to the Codes and Ordinances Committee and that Herb Engman serve as the fourth member. Councilwoman Leary seconded. IB RESOLUTION NO, 2008-025: Increase Membership on Codes and Ordinances Committee BE IT RESOLVED, that the Town Board of the Town of Ithaca adds a fourth Town ^ Board member to the Codes and Ordinances Committee and that Herb Engman serve ' ' as the fourth member. MOVED: Councilman Stein SECONDED: Councilwoman Leary ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous. Absent: Councilman Levine Supervisor Engman reviewed the committee appointments on the proposed resolution. TB RESOLUTION NO. 2008-026: Town Board Citizen Committee and Intermunicipai Organization Appointments BE IT RESOLVED that the Town Board of the Town of Ithaca makes the following Citizen Committee and Intermunicipal Organization appointments for a term beginning January 1, 2008 through December 31, 2008: I \ CITIZEN COMMITTEES ' Page 24 of 41 Approved February 11, 2008 r\ Codes and Ordinance Committee Bill Goodman, Chair Herb Engman Pat Leary Eric Levins Fred Wllcox, representing Planning Board Kirk SIgel, representing Zoning Board of Appeals Eva Hoffman, representing Conservation Board Agriculture Committee James Baker Jenifer Bokaer-Smlth/John Bokaer-Smlth Nelson Eddy Claire Forest Jeff Hanavan/Kate Lunde Tom McMllllan/Chrlstlne White George Sheldrake Jan Suwinskl/Sue SuwInskI Alan Teeter/Debbie Teeter Herb Engman - Town Board Liaison Comprehensive Plan Committee Herb Engman, Chair Pat Leary Peter Stein Hollls Erb DIanne Conneman Joe Wetmore Stephen Wagner Kate Lunde Dave Mountin iNTERMUNiCiPAL ORGANiZATiONS Cavuaa Lake Watershed intermunicioai Organization Will Burbank, Town Representative Herb Engman, as alternate Citv/Town Shared Services Committee Peter Stein, as liaison intermunicioai Trail Committee (a.k.a. Gatewav Trail Steering Committee) Herb Engman and Will Burbank as Town of Ithaca representatives Cavuga Medical Center Pat Leary Page 25 of 41 Approved February 11, 2008 t ( \ Human Services Coalition i ' Karen Billings Fire Contracts Committee Herb Engman Al Carvill ithaca-Tomokins County Transportation Councii Poiicy Committee - Pat Leary, Herb Engman as alternate Planning Committee - Jonathan Kanter, Fred Noteboom, Susan Ritter as alternate Lake Source Cooiina Data Sharing Group Herb Engman Peaasvs Oversight Committee Will Burbank, Town recommendation to City Recreation Partnership Eric Levine Herb Engman Jeff Cowie as alternate ) \ Soeciai Joint Committee (Sewer) ' ^ Herb Engman Bill Goodman Pat Leary Southern Cavuaa Lake intermunicioai Water Commission Herb Engman Bill Goodman Tomokins County Area DeveioomenVs Economic Deveiooment Coiiaborative Jonathan Kanter Tomokins County Councii of Governments (TCOG) Herb Engman Bill Goodman as alternate Tomokins County Joint Youth Commission Lorraine Moran 2-year (1/1/08-12/31/09) Diane Jayne 2-year (1/1/08-12/31/09) Jeff Cowie - Ithaca Town Board Representative 1-year (1/1/08-1/31/08) - Liaison Sandy Gittelman - Cayuga Heights Representative 1-year (1/1/08-1/31/08) ^ i > TCCOG Health Benefits Committee ^ Page 26 of 41 Approved February 11, 2008 Judy Drake Route 96 Corridor Management Committee Jonathan Kanter Ithaca College Community Committee Pat Leary Dan Walker MOVED: Councilman Durbank SECONDED: Councilman Stein ROLL CALL VOTE: Supervisor Engman, aye; Counciiman Burbank, aye; Councilman Stein, aye; Counciiwoman Leary, aye; Counciiman Cowie, aye; Biii Goodman, aye. Unanimous Absent: Counciiman Levine Agenda Item No. 36 - Consider approval of revisions to First Deputy and Deputy Town Clerk job descriptions (See attachment #9) Ms. Drake gave a brief description of the change in law and explained that the Town had had two-level deputies. It would be a title change to match the law for the senior level deputy. Councilman Cowie added that the Personnel Committee reviewed the job descriptions. IB RESOLUTION NO. 2008'027: Approval of Revisions to Job Descriptions - First Deputy Town Clerk and Deputy Town Clerk WHEREAS, the Town Cierk has made revisions to the First Deputy Town Cierk job description to better describe the duties and to incorporate changes made to NY Town Law Section 30, which for the Town of ithaca includes a title change from Deputy Town Clerk/Deputy Receiver of Taxes to First Deputy Town Cierk; and WHEREAS, the Town Cierk and Personnei Committee recommends revisions to the Deputy Town Clerk Job desaiption to better describe the duties and to incorporate changes made to NY Town Law Section 30; Now, therefore, be it RESOLVED, the Town Board of the Town of ithaca does hereby approve the attached revised Job description for the Deputy Town Clerk position; and, be it further RESOLVED, the Town Board acknowiedges the revisions made by the Town Clerk to the attached Job description for the First Deputy Town Clerk position. Page 27 of 41 Approved February 11, 2008 MOVED: Councilman Cowie ' SECONDED: Supervisor Engman ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levlne Agenda Item No. 37 - Consider and acknowledge the appointment of the First Deputy Town Clerk and Deputy Town Clerk IB RESOLUTION NO. 2008-028: APPOINTMENT OF FIRST DEPUTY TOWN CLERK BE IT RESOLVED, the Town Board of the Town of Ithaca acknowledges the appointment made by the Town Clerk, Carrie Coates Whitmore Is appointed as First Deputy Town Clerk to serve at the pleasure of the Town Clerk. MOVED: Councilman Goodman SECONDED: Councllwoman Leary ' 1 ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levlne TB RESOLUTION NO. 2008-029: APPOINTMENT OF DEPUTY TOWN CLERK BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby acknowledge the appointment made by the Town Clerk, Paulette Nellsen Is appointed as Deputy Town Clerk to serve at the pleasure of the Town Clerk. MOVED: Councilman Stein SECONDED: Councilman Burbank ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levlne Agenda Item No. 38 - Consider appointment of Town Historian ^ Page 28 of 41 Approved February 11, 2008 TB RESOLUTION NO. 2008-030: Reappointment of Town Historian BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby reappoint Ms. Laura Johnson-Kelly, 48 Comfort Road, Ithaca, New York as Town Historian for the term of January 1, 2008 through December 31, 2008. MOVED: Supervisor Engman SECONDED: Councilwoman Leary ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine Agenda Item No. 39 - Consider Confirmation of Arrangements and Appointment of Attornev(s^ for the Town (See attachment #10) TB RESOLUTION NO. 2008-031: Accept Susan Brock's Engagement Letter for Legal Services for 2008 BE IT RESOLVED that the Town Board of the Town of Ithaca accepts Susan Brock's Engagement Letter for Legal Services for 2008. MOVED: Councilman Stein SECONDED: Councilwoman Leary ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine TB RESOLUTION NO. 2008-032: Accept Guv Kroah's Agreement Letter for Leaal Services for 2008 BE IT RESOLVED that the Town Board of the Town of Ithaca accepts Guy Krogh's Agreement Letter for Legal Services for 2008. MOVED: Councilman Stein f SECONDED: William Goodman Page 29 of 41 Approved February 11, 2008 ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman ' > Stein, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. ' Unanimous Absent: Councilman Levlne Agenda Item No. 40 - Consider setting Public Hearings for Stormwater Management Laws TB RESOLUTION NO. 2008-033: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED LOCAL LAWS: 1. A LOCAL LAW DELETING CHAPTER 228 OF THE TOWN OF ITHACA CODE, TITLED "STORMWATER MANAGEMENT," AND ADDING A NEW CHAPTER 228 TITLED "STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL" 2. A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING," TO ADD STORMWATER PLAN SUBMISSION REQUIREMENTS 3. A LOCAL LAW AMENDING CHAPTER 234 OF THE TOWN OF ITHACA CODE, TITLED "SUBDIVISION OF LAND," TO ADD STORMWATER POLLUTION ^ \ PREVENTION PLAN SUBMISSION REQUIREMENTS ' ^ BE IT RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tloga Street, Ithaca, New York, on the 11^ day of February 2008, at 6:15 p.m. for the purpose of considering the proposed local laws described above; and It Is further RESOLVED, that at such time and place all persons Interested In the proposed amendment may be heard concerning the same; and It Is further RESOLVED, that the Town Clerk of the Town of Ithaca Is hereby authorized and directed to publish a notice of such public hearing In the Ithaca Journal published In the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilman Stein SECONDED: William Goodman VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Bill i ^ Goodman, aye. Unanimous ' Page 30 of 41 Approved February 11, 2008 Absent: Councilman Levins Agenda Item No. 41 - Discuss 2008 Association of Towns Resolutions and Consider Designation of 2008 Official Delegate and Alternate Delegate for the New York State Association of Towns 2008 Annual Meeting (See attachment #11) TB RESOLUTION NO. 2008-034: Official Delegate for Year 2008 NYS Association of Towns Annual Meeting WHEREAS, the NYS Association of Towns Annual Meeting will be held on February 17, 2008 through February 20, 2008 in New York City; and WHEREAS, the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting; and WHEREAS, it is necessary for the governing Town Board to appoint an Official Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting; now therefore be It RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints Herbert J. Engman, as the Official Delegate on behalf of the Town of Ithaca at the 2008 NYS Association of Towns Annual Meeting. MOVED: Councilman Burbank SECONDED: Councilman Goodman ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levlne TB RESOLUTION NO. 2008: Alternate Delegate for Year 2008 NYS Association of Towns Annual Meeting WHEREAS, the NYS Association of Towns Annual Meeting wili be held on February 17, 2008 through February 20, 2008 in New York City; and WHEREAS, the Town of Ithaca Is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting; and WHEREAS, it is necessary for the governing Town Board to appoint an Official Alternate Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting; now therefore be it i \ Page 31 of 41 Approved February 11, 2008 RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints William D. Goodman, as the Alternate Delegate on behalf of the Town of Ithaca at the 2008 NYS Association of Towns Annual Meeting. MOVED: Councilman Stein SECONDED: Councilman Cowie ROLL CALL VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine. Supervisor Engman brought the board's attention to the Association of Town's 2008 proposed resolutions and asked for board comments. The board discussed resolution number 8 - Restore and Secure Equity in Collective Bargaining. Councilwoman Leary and Supervisor Engman were not in support of this resolution. TB RESOLUTION NO. 2008-036: Resolution of non-suDDort for resolution no. 8 of the Association of Towns 2008 proposed resolutions Be it Resolved, that the Town Board of the Town of Ithaca does not support Resolution \ No. 8 - Restore and Secure Equity in Collective Bargaining, of the Association of Towns ' 2008 proposed resolutions. MOVED: Councilwoman Leary SECONDED: Supervisor Engman VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bili Goodman, aye. Unanimous Absent: Councilman Levine. The board also discussed resolution number 9 - Preserve Local Control over Active and Retiree Health Insurance Benefits. Councilwoman Leary and Supervisor Engman were not in support of this resolution. TB RESOLUTION NO. 2008-037: Resolution of non-support for resolution no. 9 of the Association of Towns 2008 proposed resolutions Be it Resolved, that the Town Board of the Town of Ithaca does not support Resolution No. 9 - Preserve Local Control over Active and Retiree Health Insurance Benefits, of \ the Association of Towns 2008 proposed resolutions. ' Page 32 of 41 Approved February 11, 2008 MOVED: Councilman Burbank SECONDED: Councllwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine. Councilman Burbank briefly explained the voting process at the Association of Towns meeting. Agenda Item No. 42 - Consider and approve Herb Engman and Bill Goodman as members of the Tompkins Countv Councii of Governments Item was voted upon as part of agenda items 34 and 35, IB Resolution No. 2008-026. Agenda Item No. 43 Consider Agreement for the Expenditure of Highwav Monies Supervisor Engman gave a brief Introduction of the agenda Item. IB RESOLUTION NO. 2008-038: Agreement for the Expenditure of Highway Monies WHEREAS, pursuant to the provisions of §284 of the New York State Highway Law the Town Board is required to enter into an agreement with the Highway Superintendent outlining the expenditure of monies levied and collected in the Town for the repair and improvement of highways, and for monies received from the State of New York as State Aid for the repair and improvements of highways; and WHEREAS, the Town of Ithaca Highway Superintendent has outlined the total expenditure of $405,750 for this purpose; now, therefore, be it RESOLVED, that the Town Board of the Town of Ithaca hereby approves, adopts and authorizes the "2008 Agreement for the Expenditure of Highway Monies", as prepared by the Highway Superintendent MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman f Stein, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Biii \ Goodman, aye. Unanimous Page 33 of 41 Approved February 11, 2008 Absent: Councilman Levins. < > Agenda Item No. 44 - Consent Agenda Councilwoman Leary requested that item "g" Designation of Official Newspaper be pulled for discussion. Councilman Stein moved and Councilwoman Leary seconded this motion. TB RESOLUTION NO. 2008'039: Consent Agenda Items BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda items: a. Approval of Town Board Minutes of December 10, 2007 and December 31, 2007 b. Town of Ithaca Abstract c. Boiton Point Abstract d. Voucher deadlines for 2008 e. Cash management and in vestment policies and procedures f. Consider Approval of Records Disposition List g. (item pulled) h. Designation of Official Depositories of Town Funds ' \ /. Official Bonds of Town Officers and Employees j. Reappointment of Deputy Highway Superintendent k. Holiday Tree Pickup MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine. TB RESOLUTION NO. 2008-039a: Town Board Minutes of December 10. 2007 and December 31. 2007 WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board Meeting held on December 10, 2007 and the Year-End Meeting held on December 31, 2007 to the Town Board for their review; now therefore be it RESOLVED, the Town Board does hereby approve for filing the minutes of the meetings held December 10, 2007 and December 31, 2007 as submitted. Page 34 of 41 I N t Approved February 11, 2008 MOVED: Councilman Stein SECONDED: Counciiwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Biii Goodman, aye. Unanimous Absent: Councilman Levine. TB RESOLUTiON NO. 2008'039b: Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 4759 - 4782 General Fund Townwide $ 21,121.36 General Fund Part Town $ 5,303.34 Water Fund $ 7,413.20 Sewer Fund $ 225.50 Risk Retention Fund $21,162.29 Trust & Aaencv $ 5.523.75 TOTAL: $60.749.44 MOVED: Councilman Stein SECONDED: Counciiwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Biii Goodman, aye. Unanimous Absent: Councilman Levine. TB RESOLUTION NO. 2008'039c: Bolton Point Abstract f Page 35 of 41 Approved February 11, 2008 WHEREAS, the following numbered vouchers for the Southern Cayuga Lake i > Intermunlcipal Water Commission have been presented to the governing Town Board ^ for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 780 - 837 Check Numbers: 10566 -10623 Operating Fund $ 133,446.55 1998 SO ADA Capital Protect $ 2.757.87 TOTAL S 136.204.42 MOVED: Councilman Stein SECONDED: Councilwoman Leary ; ^ I VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Coundlwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levlne. TB RESOLUTION NO. 2008-039d: YEAR 2008 PROCESSING VOUCHERS / INVOICES DEADLINE DATES WHEREAS, to facilitate an efficient and timely method for processing vouchers/invoices for the monthly abstracts It is necessary to establish a deadline for submission of vouchers/invoices by vendors, staff, and other service people; and WHEREAS, the Accounting Department has determined that one week is needed to properly prepare the vouchers/invoices for approval of the Town Board at their monthly meeting; now, therefore, be it RESOLVED, the Town Board does hereby adopt the following schedule for the year 2007 as the last date by all vendors, staff, and other service people to submit vouchers/invoices to the Accounting Department for presentation to the Town Board on the Abstract Date: / > / Page 36 of 41 Approved February 11, 2008 Processing Voucher/ Invoice Deadline Dates: Wednesday. January 30, 2008 Thursday. February 28, 2008 Friday. March 28, 2008 Wednesday. April 30, 2008 Thursday. May 29, 2008 Friday. June 27, 2008 Wednesday July 30, 2008 Thursday. August 28, 2008 Friday. September 26, 2008 Thursday. October 30, 2008 Wednesday. Noyember 26,2008 Monday. December 29, 2008 **For Abstract Date: Monday, February 11, 2008 Monday, March 10, 2008 Monday, April 7, 2008 Monday, May 12, 2008 Monday, June 9, 2008 Monday, July 7, 2008 Monday, August 11, 2008 Monday, September 8, 2008 THURSDAY, October 2, 2008 (Budget) THURSDAY, Noyember 6, 2008 (Budget Final) Monday, December 8, 2008 Wednesday, December 31, 2008(Year-End) **Abstract date is synonymous with Town Board meeting date. BE IT FURTHER RESOLVED, youchers/inyoices must be submitted no later that 12:00 p.m. on the Processing Voucher/lnyoice Deadline Date; and it be further RESOLVED, any emergency or extraordinary youchers/inyoices will be considered as deemed appropriate by the Chief Fiscal Officer and the Budget Officer. MOVED:Counciiman Stein SECONDED:Councilwoman Leary VOTE: Superyisor Engman, aye; Counciiman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Counciiman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Leyine. TB RESOLUTION NO. 2008-039e: Cash Management and investment Policies and Procedures for 2008 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby adopts the Town of Ithaca Cash Management and investment Policies and Procedures for the year 2008 as presented. MOVED: SECONDED: Counciiman Stein Councilwoman Leary Page 37of 41 Approved February 11, 2008 VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiman ' ^ Stein, aye; Counciiwoman Leary, aye; Counciiman Cowie, aye; Biii n Goodman, aye. Unanimous Absent: Counciiman Levine. TB RESOLUTION NO. 2008-039f: Records Management Disposition Listing WHEREAS, the Records Management Officer has determined that the meeting tapes listed below are eligible for disposition according to the State Archives and Records Administration (SARA) Records Retention and Disposition Schedule MU-1; and WHEREAS, the Records Management Officer (Town Clerk) has reviewed and approved the disposition of the said tapes; now, therefore, be it RESOLVED, the governing Town Board does hereby authorize and direct the Records Management Officer to dispose of the meeting tapes as described below according to the procedure developed by SARA. Planning Board Meeting Tapes January 2007 - August 2007 Town Board Meeting Tapes January 2007 - August 2007 Zoning Board of Appeals Meeting Tapes January 2007 - August 2007 MOVED: Counciiman Stein SECONDED: Counciiwoman Leary VOTE: Supervisor Engman, aye; Counciiman Burbank, aye; Councilman Stein, aye; Counciiwoman Leary, aye; Counciiman Cowie, aye; Biii Goodman, aye. Unanimous Absent: Counciiman Levine. TB RESOLUTION NO. 2008-039h: Designation of Official Depository of Town Funds BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby designates Tompkins Trust Company as the official depository for monies coming into the hands of the Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2008; and, be it further RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Tompkins Trust Company and M&T Manufacturers and Traders Trust Company. I \ I \ \ t Page 38 of 41 Approved February 11, 2008 ' MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine. TB RESOLUTION NO. 2008'039i: OFFICIAL BONDS FOR TOWN OFFICERS & EMPLOYEES BE IT RESOLVED, by the Town Board of the Town of Ithaca, that the Faithful Performance Bonds for the Town Officials and Employees for the year 2008 are approved as followed: Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Budget Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 ^ Town Cierk $ 25,000.00 Town Justice, James Salk $ 25,000.00 Town Justice, David Kiein $ 25,000.00 Highway Superintendent $ 25,000.00 All Other Employees (Per Person) $ 25,000.00 Forgery & Alteration $ 5,000.00 MOVED: Counciiman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levine. TB RESOLUTION NO. 2008'039i: Appointment Deoutv Highway Superintendent BE IT RESOLVED, the Town Board of the Town of Ithaca hereby acknowledges the appointment made by the Town Highway Superintendent, Eugene Redman be re- appointed as Deputy Highway Superintendent to serve at the pleasure of the Town Highway Superintendent. f ^ MOVED: Councilman Stein Page 39 of 41 Approved February 11, 2008 SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Bill Goodman, aye. Unanimous Absent: Councilman Levlne. TB RESOLUTION NO, 2008-'039k: Holiday Tree Pick Up WHEREAS, the Town of Ithaca Highway Department picks up holiday trees for the residents of the Town now, therefore, be It RESOLVED, that from January 14^*^ through January 2007, the Highway Department will pick up holiday trees for the residents of the Town of Ithaca. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman CowIe, aye; Bill ^ Goodman, aye. Unanimous Absent: Councilman Levlne. Designation of Officiai Newspaper The board discussed designating an official newspaper. Ms. Brock read the legal requirements for an official newspaper. The board decided to research alternatives during the year and move ahead with designating the Ithaca Journal as the official newspaper. TB RESOLUTION NO. 2008-040: DESIGNATiON OF OFFICIAL NEWSPAPER BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby designates the Ithaca Journal as the official newspaper for the Town of Ithaca for the year 2008; and, be It further RESOLVED, the Town Clerk Is hereby authorized and directed to forward a certified copy of this Resolution to the Ithaca Journal. MOVED: Councilman Stein SECONDED: Councilman Burbank i \ I Page 40 of 41 I \ ( Approved February 11, 2008 VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, nay; Councilman Cowie, aye; Bill Goodman, aye. Carried Absent: Councilman Levine. Agenda Item No. 45 - Report of Town Committees No reports. Report of Town Officials (See attachment #12) Correspondence (See attachment #13) Agenda item No, 46 - Consider Adiournment Upon motion by Councilman Stein, seconded by Councilman CowIe, Supervisor Engman adjourned the meeting at 9:15 p.m. Re^pecffully Submitted, Karen M. Billings, I s Town Clerk Page 41 of 41 Toioa) 01/07/2008 TOWN BOARD ATTACHMENT §1 ^/k£4>77A/e S/X>/Z^s - ^U&C'i&T'/ijLi> Mo C^jQXX/^ O'-ro/yp U/zAi^^ <s/;^^/^J> lo^j^ as a ^A€X/<sA/7i:^ O/O Me C^es 7t> rMe A/&^ rT^s. /^/9-AJAi/cfS /^yAe:J>^zZAikX£, 3e \,Od^ekei> A Mf^^/G^^n^^/ii^AAAA^/cL Aa^A^ mas AA^^oaOy ^Si? //^. aA M/S 3IaS/c. 7^//U/a/& . 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Z^S /S/ 7H£. Bp^SP I^A/S &AfA/SS^^'^AZAs^ /5 7t> PsspfioP 70 A ^Z{ SZAZM A^ azJ £*V4fM;ecj(/c.y PM6cjiAi^ 4G£Z/<!H^ /OAo\/CP£ (BSM d{fP(p£ZAAjr P^sccze s^AWce^ /fjr TTf-AT - Ob 01/07/2008 TOWN BOARD MEETING ATTACHMENT #2 Prepared by Betty Falcao, Director, Health Planning Council, a program of the Human Services Coalition Jan-08 Homes (single-family, apartments, senior apartments, etc) Independent Senior Apartments (some have "hotel" services) Most people needir Total: 1120 (1994: 758) Cost/month $500 - $800+ ig Long Term Care Current figures include: Alterra (46) Kendal (215) Longview(IOl) Planned: 72 at Conifer Supplements to Self-Care in the home Unpaid Caregivers (family, friends) Paid Caregivers (via agency, or privately) Home Health Care Agencies (nursing visits, home health aides) Many others: Meals on Wheels, Gadabout, Friendly visiting, groceiy shopping, snow shoveling, etc. Adult Home Room and board, congregate meals, 24-hour supervision, personal care (less than 3.5 hrs/wk), transportation and activities. The typical home consists of two-person rooms with shared baths. Total: 178 (1994: 94) Cost/dav SSI: $32 Private $100 -250 Deer Haven (Spencer, 3) Evergreen (Jacksonville, 6) Old Hundred (Ithaca, 6) Alterra Clare Bridge (36) Bridges at Cornell Hts (27) Kendal (36) Longview (64) Planned: 32 more at Longview Assisted Living Program - Medicaid Combines home health services with an adult home to provide an intermediate residential level. Personal care (more than 3.5 hrs/wk), intermittent skilled nursing, case management, adult day health care, therapies, medication, and transportation. Cost/dav SSI for adult home, plus 50% of SNF for home care portion NONE Applied for South Pointe (80) Lakeside (80) Assisted Living Residence Same as above; but may upgrade to provide dementia care, and to allow people to "age in place." Cost/month Private Pay - $3,000 - $8,000 NONE Applied for Alterra, Bridges, Kendal Nursing Home (Skilled Nursing Facility-SNF) Provides 24-hour nursing care, activities, supervision and social services, and access to medical care to frail elderly, chronically ill, and disabled persons, as well as people who need short-term treatment. Total: 475 (1994: 510) Medicaid $110-$160/day Private rate $220 - $250/day Beechtree (120) Groton (80) Kendal (35) Lakeside (250; 180 staffed) Oak Hill (60) From the Bureau of Long Term Care Reimbursement, NYS Dept. of Health (May 2006) State Medicaid spending for Long Term Care: over 40% of Medicaid expenditures in NYS are for LTC, totaling over $15 billion in 2003. Who Pays for Nursing Home Care? In NYS (2003): 74% Medicaid; 12% Medicare; 14% Other Even home care can be quite costly. A home health aide may cost $20/hr; a nursing visit may cost SlOO/hr. HUMAN SERVICES COALITION OF ToMPKiNS County, Inc. Human Service Planning • Information & Referral Service • Health planning Council Health Planning Council Highlights ofAccomplishments - 2007 Acute/Primary Care • Launched Get Serious About Asthma Control to mitigate the effects of asthma in elementary school children. Developing a local clearinghouse of resources; working with four schools to provide additional tools including equipment, education and ways to track the impact. Thanks to the Park Foundation and the Community Foundation for asthma program support. Expanded Urgent Rx to the Ithaca Free Clinic and people scharged from Cayuga Medical enter inpatient units. UrgentRx ifers free generic medications, from a limited formulary, to people with no insurance who receive care at the new sites or at CMC's Emergency Room and its Lansing Urgent Care facility. Also gave follow-up information about other health care subsidy programs. Over the past year, have provided 1,658 prescriptions valued at about $39,000 to more than 760 people. Kudos to Urgent Rx partners Cayuga Medical Center, Kinney Drugs, Tompkins Health NetM'ork, and United Way of Tompkins County. • Based on local data, represented the needs of uninsured people via op-eds, NYS hearing testimony, chart with gaps in health insurance ^ verage and contributed to special 'verage in The Ithaca Journal. Long Term Care • Advocated for the community's need to maintain Lakeside Nursing and Rehabilitation Center services; protested the Berger Commission recommendation to close Lakeside, which would displace over 160 current residents. Supported the proposed conversion of 80 beds to assisted living program beds. NYS decisions are still pending. • Led Sharing Your Wishes Coalition to encourage and support advanced health care planning. Enhanced skills of more than 45 health care professionals and volunteers, distributed over 9,000 booklets, and gave presentations to senior groups and employees including "Talking with your family about your wishes." • Started phase one of our Long Term Care Needs Assessment. Identified existing providers and services, surveyed consumers and residential providers. Advisory Board Special appreciation to the Tompkins County Legislators for their ongoing support. • Organized presentations on older adults with mental illness, pain management initiatives and other current topics. • Participated in the Statewide Rural Aging Summit sponsored by NYS legislators, Ithaca College Gerontology Institute and others. • Helped the County Legislature administer TompkinsRx, a free card for prescription discounts. More than 750 users a month have saved over $248,000 annually, an average of 21%. Distributed cards to medical offices, pharmacies, agencies and individuals. • Helped develop a pamphlet on Support for Smokers Who Want to Quit as part of the T-Free Zone Coalition of Tompkins County. Tompkins Health Network implementation projects: > PMAP (Prescription Meds Access Program): Counseled over 200 clients about prescription medicines; helped people obtain drugs valued at over $50,000, free from pharmaceutical companies or at low-cost. > Get Covered Info Line: Started a health insurance info phone line in May; provided help to more than 165 people to date. >• Health Careers Awareness: Partnering with others to institute My Health Careers: a web-based tool with required training, salaries, and regional job opportunities. To be operational in 2008. > Get Healthy Tompkins: Celebrated the launch of this on-line tool for healthy living; provided support for this Cayuga Medical Center project. Supported byfunds from the New York State Office ofRural Health. 00 West Seneca Street, Suite 300, Ithaca, New York 14850-4138 PHONE:f607) 273-8686 n FAX:(607)273-3002 n www.hsctc.org Information & Referral Assistance (607)272-9331 Tke Human Services Coalition of Tompkins County, Inc. cordially invites you to its 34tli An nua 1 Meeting Future Trends in Human Services Keynote Speaker Jerry Friedman Executive Director American Public Human Services ALSSociation Waskin^ton, D.C. Friday, Fetruary 8tk, 2008 Noon - 2:00 PM Women's Conmnuiit>' Buil^in^, Auditorium 100 W. Seneca St., Itkaca Also features presentation of tke 2008 Community Service Awards: Ruth PQtiengiJJ Award for outstanding liuman services professional Anne Tompkins Jones Award for outstanding volunteer Registration - $15.00 All are invited to attend. Full kuffet lunckeon Wheelchair Accessible Vegetarian entree available To register; Please complete tliis form. Mail it witli your died for ^1d {lAade out to the Human Services Coalition) to HSC, 100 Seneca bt., Suite 300, Itliaca, Nl IASdO. No credit carls. Call (607) 273-8686 or E-mail cmf20@comell.edu for more information. RbAT' Ly Januarj' 31st. Capacity may le limited so reservations will te accepted on a first come first serve Fasis. me • >_/rganization, if any btreet address E-mail address Pli 01/07/2008 TOWN BOARD MEETINGATTACHMENT #3 ^enda # 1 ® ^ TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO; TOWN BOARD FROM: JONATHAN KANTER, DIRECTOR OF PLANNING L RE: PROPOSED LOCAL LAW TO ALLOW BED-AND-BREAKFASTS IN ECOVILLAGE'S SPECIAL LAND USE DISTRICT DATE: DECEMBER 27,2007 The Town of Ithaca has received an application from EcoVillage at Ithaca to amend the EcoVillage Special Land Use District No. 8 (now referred to as a Planned Development Zone) to allow bed-and- breakfasts. This matter is scheduled for the Board's consideration at the January 7, 2008 Town Board meeting. A representative from EcoVillage will attend and will be available to present the proposal to the Board and answer questions regarding the proposed amendment. I have taken the liberty of drafting a proposed local law (see attached) for the Board's consideration. The proposed amendment would allow bed-and-breakfasts as a permitted principal use in the Residential Area of EcoVillage designated on the attached map, entitled "EcoVillage Site Usage Areas - 1998". The reasons for the proposed amendment are outlined in the attached letter from William D. Goodman, dated November 28, 2007. In brief, there have been several bed-and-breakfasts operating in EcoVillage for a number of years. This recently came to the attention of the Town's Code Enforcement Office and Planning Department. Upon reviewing the provisions of the Planned Development Zone, it became apparent that bed-and-breakfasts are not listed as a permitted use, and therefore, are prohibited. The proposed amendment would legalize the existing (and future) bed-and- breakfasts in EcoVillage. Also attached for the Board's information is the current EcoVillage Planned Development Zone (Section 271-9. Special Land Use District No. 8, Limited Mixed Use, EcoVillage) and the current definition of "bed-and-breakfast" in Section 270-5 of the Zoning Chapter. Possible Board Action at January Meetins: Consider referring proposed local law to Planning Board for a recommendation. The adoption of the proposed local law would probably be classified as a "Type I" action under SEQR because it involves "the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district". The Residential Area within the EcoVillage Planned Development Zone includes approximately 37.6 +/- acres. Although this would require the completion of a Full Environmental Assessment Form, there are no Involved Agencies other than the Town Board, so this can be processed (presumably as a Negative Declaration of Environmental Significance) at such time as the local law comes back to the Town Board for consideration of adoption. Meanwhile, please let me know if there are any questions prior to the meeting. Att. cc: William D. Goodman, EcoVillage at Ithaca Village Association, Inc. K ii; 0 I ; n EfioVillage at Ithaca VA, Inc. / j i ij; NOV 2 9 200? i Rachd C^on Way i } j The Town Board, Town of Ithacia i i By Hand ' ; Ca It 28 liaca,NY 14850 ,2007 Ladies and Gentlemen: Re: Amendment to EcoVillage Zoning Ordinance, Chapter 271, Section 9 Special Land Use District (SLUD, now called PDZ) No. 8 On behalf of the three entities that own the property comprising "EcoVillage" (EcoVillage at Ithaca, Inc., EcoVillage at Ithaca Village Association, Inc. and EcoVillage CoHousing Cooperative, Inc.) 1 request that our zoning be changed to allow Bed and Breakfasts as a permitted use in our Residential Area, under such conditions as the Board deems necessaiy. This letter will explain briefly the history behind this request. Around 1999, after Rachael and Elan Shapiro had lived for a few years in the First Neighborhood at EcoVillage (FROG), they began renting out a spare room in their house to visitors and called their new business Frog's Way B & B. They arranged with Tompkins County to collect the Room Occupancy Tax, but were unaware that they needed to secure any approval from the Town of Ithaca to start their B & B. The EcoVillage SLUD was originally created in 1995 (including just the 30 acres then owned by FROG) and allowed "customary home occupations" in the Residential Area. In 2001, when the SLUD was amended to include the entire 175 acres that comprise EcoVillage (and after Frog's Way had begun operation), no one thought to list Bed & Breakfasts separately, assuming they were a customary home occupation. Around 2004, the Shapiros bought a home in the Second Neighborhood (SONG) and moved their B & B to their new home, where they rent out two extra bedrooms. After the Shapiro's left FROG, another couple that had moved into FROG in 2001, Gail Carson and Barbara Pease, started renting out their two spare bedrooms to visitors, calling their new business The Wild Goose B & B. Again, they arranged with Tompkins County to collect the Room Occupancy Tax, but were unaware that they needed to secure any approval from the Town of Ithaca to start their B & B. TTie Town Codes Enforcement Officer and Planner have notified us that because the language in our SLUD/PDZ does not specifically mention Bed and Breakfasts, these two businesses are in violation of the Town's Zoning Ordinance. In order to bring them into compliance, we request that our SLUD/PDZ be amended in a manner deemed most appropriate by the Board. One of the principles of an EcoVillage is to encourage residents to make a living where they live, so that they are not using fossil fuels to commute to a job away from their home, and so that they are present in the village on a more constant basis than if they worked elsewhere, thus fostering more frequent interactions with their neighbors and strengthening their community bonds. By allowing residents to operate B & Bs using extra bedrooms in their houses, the FROG and SONG housing Cooperatives not only encourage this form of right livelihood for some of their shareholders, but also promote one of the main missions of EcoVillage at Ithaca, educating the public about sustainable living. We receive a constant stream of visitors not only from around the country, but also from around the world. By having B & Bs where guests can stay on site, we encourage them not to use fossil fuels driving back and forth to local hotels, and we give them a taste of what sustainable living means in practice. Thank you for your consideration of this request. If you have any questions, please call me at 269-0646, or email me at billg@ecovillage.ithaca.ny.us. Sincerely Yours, ^ William D. Goodman, Board Secretary EcoVillage at Ithaca Village Association, Inc. § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 Running thence south 11 degrees 31 minutes 55 seconds west along the hiehway line of New York State Route 96B, the Danby Road for a distaiice of 525.0 fe!t to an iron pin set, said iron pin marks the northeasterly comer of the scenic overview area as appropriated by the State of New York; Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line of the scenic overview area for a distance of 60.0 feet to an iron pin set; Running thence south 11 degrees 30 minutes 40 seconds west along the westerly line of the sceL overview area for a distance of 335.64 feet to an iron pin set, the point and place of beginning. Said parcel contains 28.010 acres of land to the highway line. I 271-9. Special Land Use District No. 8 (Limited Mixed Use, EcoVillage). [Adopted 1-30-1995 by L.L. No. 1-1995] A. Findings. (1) The Town of Ithaca's Comprehensive Plan encourages the development of environmentally sound housing communities; and ^ (0) A group, now known as First Residents Group, is in the process of fonmng a ' ^ Cooperative Housing Corporation under the laws of the State of New York to be ' named EcoVillage Co-Housing Cooperative for the purpose of developing an owning such housing; and (3) EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres to the First Residents Group or its successor cooperative, contingent upon the rezoning provided by this section and receipt of all other requisite approvals by the Town of Ithaca and Tompkins County; and (4) The proposed project will: (a) Contribute to the variety of housing styles and patterns of development available in the Town; (b) Develop and model a neighborhood design for pedestrians, with minimal traffic, attractive landscaping, and safe play areas for children; (c) Utilize clustering to create an aesthetic, quiet and safe neighborhood space to help foster a sense of community; (d) Utilize interior acreage for housing, which will allow preservation of better aoricultural soils, avoid strip-type residential development along roadways, create a safer environment, preserve existing rural character and existing views along roadways; (e) Demonstrate the manner in which housing may be developed to conseiwe energy and water, by utilizing passive solar designs, super-insulation, caretul landscaping for wind protection and low-flow water devices;l4r 22 j *05 06 - 01 • 2004 §271-9 ITHACA CODE §271-9 ^ ^ building smaller individual dwellings and conceniraiing otherwise-duplicated, energy-consuming spaces into a community center or "common house"; (g) Demonstrate how meaningful open space may be preserved in conjunction with construction of new housing at ordinarily-permitted densities. B. Purpose. It is the purpose and intent of this section to allow, by creation of a Special Land Use District, an opportunity for the implementation of the foregoing goals and objectives in an environmentally and ecologically sound manner. C. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as readopted, amended and revised, effective February 26, 1968, and thereafter further amended, be further amended as follows: (1) Addition of Special Land Use District No. 8. Article II, Section 2, of the Town of Ithaca Zoning Ordinance" is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 8." D. Principal use regulations. In Special Land Use District No. 8 (the "SLUD ) the following areas, as shown on document "EcoVillage Site Usage Areas 1998" on file with the Town of Ithaca Planning Department, are defined with their permitted uses: [Amended 9-10-2001 by L.L. No. 4-2001] ^ ' ^ 1. Natural Area: This area is a permanently preserved natural, open space with the J following permitted uses: forest, natural succession, forest management including logging in accordance with good forest management practices, no more than one retreat cabin not exceeding 500 square feet in floor area (unless up to two additional cabins are authorized by the Planning Board), outdoor areas for aquaculture, constructed wetland or other water cleansing demonstration projects, an auxiliary utility building, gardens, walking trails, and other similar non-intrusive types of uses. Structures other than related to the above are prohibited in the Natural area. For the purpose of this section, "aquaculture" means use of ponds for agricultural production to demonstrate how natural ecosystems can produce edible plants, fish and other aquatic species for domestic noncommercial consumption. TI. Agricultural Area: Permitted uses shall include all principal and accessory agricultural uses (except residential uses) set forth below, except as the same may be limited by other restrictions placed upon the land by EcoVillage of Ithaca, Inc. or others. 23. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1995, when this section was adopted. See ^ now § 270-6. 271:26 06-01-2004 §271-9 ZONING: SPECIAL LAND USE DISTRICTS §271-9 III Resideniial Area: This area will be allowed to coniain up to 150 dwelling units in up to five neighborhoods. Each neighborhood shall consist of a minimum parcel of five areas of land. Subdivisions of land (as defined in the Town's Subdivision Reoulations) whether for sale, lease or other transfer shall be permitted only within the SLUD area designated as "Residential." In the Residential building shall be erected or extended and no land or building or part thereof shall be used'for other than any of the following purposes:" (1) A one-family dwelling. A one-family dwelling may be occupied by not more than: (a) One family, or (b) One family plus no more than one boarder, roomer,, lodger, or other occupant. (9) A iwo-family dwelling. A iwo-family dwelling may be occupied by not more than two families and each dwelling unit in a two-family dwelling may be occupied by no more than: (a) One family, or (b) One family plus no more than one boarder, roomer, lodger, or other , , occupant. (3) A multifamily dwelling. Each dwelling unit in a multiple residence shall be occupied by no more than: [Added 9-10-2001 by L.L. No. 4-2001] (a) One family or (b) One family plus no more than two boarders, roomers, lodgers or other occupants. (4) Up to five community centers, also known as "common houses which may recreation, meeting, and dining space, children's playrooms, kitchen facilities common laundry facilities, and other accessory uses permitted in this Special Land Use District and/or other community space, compatible with its purpose of being an extension of residents homes provided, however, that the community center is to be used primarily by the residents of the dwellings located within this Special Land Use District. At least one, but no more than one, community center shall be constructed for each 30 residences, unless the Planning Board issues a waiver o this requirement or limitation in the process of site plan review for good cause shown. [Amended 9-10-2001 by L.L. No. 4-2001] (5) Special approval uses. (a) The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below. 22 06 • 01 - 2004 § 271-9 ITHACA CODE § 271-9 [1] Church or other places of worship, convent and parish house. [2] Public library, public museum, public, parochial and private schools, day-care center, and nursery school. [3] Publicly owned park or playground including accessory buildings and improvements. [4] Nursing or convalescent home, or medical clinics. (b) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article DC of the Zoning Ordinance" supplemented by the provisions of this section. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. (6) Garden, nursery, of farm, except there shall be no hog farm where the principal food is garbage and there shall be no commercial raising or sale of livestock or fish. Sale of other farm and nursery products shall be subject to the provisions of Section 18, Subdivision 7, of the Ordinance.^® Usual farm buildings are permitted, provided that; [Amended 9-10-2001 by L.L. No. 4-2001] (a) Any building in which farm animals are kept shall be at least 100 feet from any dwelling or community center and any street right of way, and if subdivision approval is obtained, at least 100 feet from any lot line. (b) No manure shall be stored within 100 feet of any dwelling or community center or street right of way, and if subdivision approval is obtained, within 100 feet of any lot line. (7) Any municipal, public or private utility purpose necessary to the maintenance of utility services. (8) Cemetery and the buildings and structures incident thereto, but only upon special approval of the Board of Appeals. (9) A roadside stand or other structure 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. Any such stand shall be located a minimum of 15 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right of way and shall not be operated more than eight months out of any one year. 24. Editor's Note: Nunil>cring refers to the Zoning Ordinance as It existed in 1995, when this section was adopted. 25. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 2001, when this section was amended. 271:28 06 - OJ - 2004 I \ t > I \ t i §271-9 ZONING: SPECIAL LAND USE DISTRICTS §271-9 (10) Signs, as regulaied by Chapter 221, Signs, of the Code of the Town of Ithaca. (11) Day-care homes and group day-care facilities. (12) Group family day-care homes upon special approval by the Board of Zoning Appeals pursuant to Section 77, Subdivision 7.^ E. Accessory uses. Permitted accessory uses in Special Land Use District No. 8 shall be limited to the following: (1) Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect, computer consultant, software consultant, or member of other recopized profession and quasi-profession where such office is a part of the residence building provided that not more than three additional persons not residing on t e premises may be employed. (2) Customary home occupation. (a) A customary home occupation (such as dressmaking, hair dressing, laundering, home cooking, carpentry, electrical, and plumbing work or similar manual or mechanical trade) operated solely by a resident of the dwelling provided that: ' [1] No additional person not residing on the premises may be employed therein; and [2] No goods or products are publicly displayed or advertised for sale; and [3] There is no outside storage; and [4] No noise, dust, disorder, or objectionable odor is experienced beyond the dwelling where such use is conducted. (b) Any of the above mechanical trades that are conducted in the home shall be conducted within the confines of the dwelling or the basement of the dwelling or in a garage area not to exceed 200 square feet. (3) Offices or occupations as set forth in Subsection E(l) and (2) above may be conducted in the common house provided: (a) The person or persons conducting such profession or home occupation is a or are permanent residents of the Special Land Use District except, as to professions enumerated in Subsection E(l) above, no more than one additional nonresident person may be employed by any one professional or quasi-professional, and no more than four additional nonresident persons may be employed in the aggregate by all of the professionals and quasi-professionals occupying work space in the common house; and ^ (b) No more than eight separate offices or work spaces are so occupied in the common house; and 26. Editor's Note: Numbering refers to ttie Zoning Ordinonce as it existed in 1995, when this section was adopted. 271*'?9 06 - 01 - 2004 f \ I I c § 271-9 ITHACA CODE § 271-9 (c) The aggregate space of all the offices and occupation spaces combined does not exceed 20% of the total gross floor area of the common house; and (d) No goods or products are publicly displayed or advertised for sale; and (e) There is no outside storage; and (f) No noise, dust, disorder, or objectionable odor is experienced beyond the space where such occupation or use is conducted; and (g) No one office or trade authorized above shall be conducted in any space in excess of 200 square feet; and (h) The total number of offices or occupations set forth in Subsection E(l) and (2) located anywhere in this Special Land Use District, whether in common houses or in residences, shall not in the aggregate exceed the number of dwelling units, (i.e., there shall be no more home occupations or professional offices authorized within the Special land Use District than if the property were in a Residence District R30). [Amended 9-10-2001 by L..L. No. 4-2001] (4) Off-street garage or parking space for the occupants, users and employees in connection with uses specified above, but subject to provisions of Section 45 and Section 69 of the Ordinance,^' and subject to the other provisions of this section. / \ (5) A temporary building for commerce or industry, where such building is necessary ^ ) or incidental to the development of the residential area. Such buildings may not be continued for more than one year except upon special approval of the Board of Appeals. (6) Accessory buildings such as dog houses, storage sheds, carports, gazebos, or other small structures clearly ancillary and related to dwelling uses in the Special Land Use District and subject to all other provisions of this section, (7) The keeping of domestic animals or fowl in accessory buildings, provided that no such building shall be nearer than 50 feet to any other dwelling and shall be located on land owned or leased by the person occupying the principal dwelling to which such building is accessory, and further provided that there shall be no raising of fur-bearing animals, keeping of horses for hire, or kennels for more than three dogs over six months old. (8) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Manner of land ownership. (1) The property in this Special Land Use District may be owned in the following manners: 27. Editor's Note: Numttering refers to the Zoning Ordinance as it existed in 1995, when this section was adopted. 271:30 06-01-2004 I 27].9 ZONING: SPECIAL LAND USE DISTRICTS § 27J-9 # ) (a) Each dwelling unii may be owned individually by more Jj"®" enliiy (wiih or withoul a homeowners" association or similar body) proyi that there is compliance with Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (including the cluster subdivision regulations); or (b) As a cooperative (where there is one entity that owns the land and which leases land to individuals who then erect dwelling units on the leased land or where one entity owns the land and all buildings and leases specific dwelling units and associated accessory buildings to individuals or families); or (c) As a condominium; and [Amended 9-10-2001 by L.L. No. 4-2001] (d) Common land, facilities and infrastructure (roadways, water and sewer lines and other infrastructure) may be owned by a separate ^nporution controlled by the residents of all EcoVillage neighborhoods. [Added 9-10-2001 by LX. No. 4-2001] (e) Open land with or without building structures may be owned by the nonprofit EcoVillage at Ithaca, Inc. [Added 9-10-2001 by LX. No. 4-2001] O) Reoardless of the manner of ownership, before construction of any improvements ^ ' anywhere in the Special Land Use District is commenced, except as ^ specifically provided by this section, a site plan for such construction shall be submitted to and approved by the Planning Board. It i (3) In the event land is to be owned by a cooperative, a final site plan, providing such detail as is normally required for a subdivision and showing the d—ons ^ location, in such detail as the Planning Board may require, of the P^Pf areas, shall be submitted to, and approved by, the Planning Board ^building permits are issued. The criteria for approval of such site P'®" ^ same criteria used by the Planning Board in approving site set forth elsewhere in the Zoning Ordinance and in the Planning Board s Subdivision Regulations (Chapter 234, Subdivision of Land). G. Density limitations. There shall be no more than 150 dwelling units this Special Land Use District. There shall be a maximum of 30 dwelling P^neighborhood unless otherwise authorired by the Planning Board. For every dwellm^unifs, a minimum of one acre of land will be ""ig-ted as pan of *e n^ghborh^dfootprint, as defined in the approved site plan. [Amended 9-10-2001 by LX. No. 4-2001] H Yard regulations. The minimum distance between buildings shall be ih compliance withdie Ne^ York Uniform Fire Prevention and Building Code, except m the case of multifamlly dwellings in which case the distance between any two ^"'Wmgs less than the height of the two buildings when averaged together, or 20 feet, whichever greater. [Amended 9-10-2001 by LX. No. 4-2001] 1. Height regulations. In this Special Land Use District no building shallor extended to exceed 40 feet in height from the lowest interior ^ from the lowest exterior grade, whichever is lower. No structure other than a build » 271:31 06-01 -2004 § 271.-9 ITHACA CODE § 271-9 ' \ shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, the Planning Board may grant special approval for construction of accessory towers in excess of 40 feet but in no event shall any structure exceed 60 feet in height. J. Lot coverage. No structure or structures, including accessory buildings or structures and including parking area and other paved areas, shall be erected, constructed, altered or extended to cover, in the aggregate, more than 10% of the land area within the Special Land Use District or more than 50% of each neighborhood footprint. [Amended 9-10-2001 by L.L. No. 4-2001] K. Parking. [Amended 9-10-2001 by L.L. No. 4-2001] (1) There shall be provided paved parking, or parking spaces surfaced in such other manner as may be approved by the Town Planning Board and the Town Engineer, at the rate of at least 1 1/2 parking spaces for each dwelling unit plus one parking space for each 400 square feet of enclosed building space in any community center. (2) Notwithstanding the foregoing, if the Planning Board determines that a reduction in the required number of parking spaces will not adversely affect traffic flow on the proposed site, will leave adequate parking for all of the reasonably anticipated uses or occupancies on the site, and will not otherwise adversely affect the general welfare of the community, such Board may authorize the minimum number of parking spaces to be reduced by no more than 25%. If the Planning Board permits such a reduction, it may impose such reasonable conditions, including the m conditions set forth with respect to reductions of parking spaces in business ^ districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. L. Size limitations. The maximum square footage for any dwelling unit shall not exceed 2,000 square feet. However, these units may be attached in a duplex or townhouse configuration or as stacked units. [Added 9-10-2001 by L.L. No. 4-2001] M. Buffer zones. No buildings or structures shall be located within 50 feet of the boundaries of the Special Land Use District. In addition, no buildings or structures shall be located within a twenty-five-foot buffer zone surrounding each neighborhood footprint, except for structures that are established for the joint benefit of contiguous neighborhoods. [Added 9-10-2001 by L.L. No. 4-2001] N. Building permits and site plan approval. (1) In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. Any significant revisions to the Preliminary Site , ^ Plan ("Drawing No. 2A - Project Plan, EcoVillage Co-Housing Cooperative, Revised Road, Revised Property Lines" made by House Craft Builders dated ) 271:32 06-01 -2004 §271-9 ZONING: SPECIAL LAND USE DISTRICTS §271-9 ^ ) October 26, 1994, a copy of which is on file at the Town of Ithaca Planning Department), submitted to the Town Board at the time of the creation of this Special Land Use District, shall be submitted to and be approved by the Town Board before issuance of any building permits. (a) Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the Preliminary Site Plan in granting final site plan approval provided that: [1] As modified such site plan is in general conformity with the purposes and objectives of this section creating this Special Land Use District; and [2] The modifications are in accordance with the provisions of this section and other provisions of the Zoning Ordinance unless a variance for a deviation has been obtained from the Board of Appeals, and [3] The modifications do not significantly reduce the open space provided for on the preliminary site plan. (b) Each neighborhood's site plan shall show exact locations and dimensions of proposed buildings. [Added 9-10-2001 by LX. No. 4-2001] . > (2) Building permits shall be required for any construction. Such permits shall not be - issued unless and until the exterior design, specifications, and plans for the • ) buildings and all other improvements to be constructed in the Special Land Use District and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction hereafter shall be in accordance with said site plan as finally approved. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this Ordinance.^ O. Primary ingress and egress to the Special Land Use District. [Amended 9-10-2001 by LX. No. 4-2001] (1) No building permits shall be issued for construction of any structures within the Special Land Use District unless the following exist at the time of the issuance of such permit to assure adequate ingress and egress to the property: (a) A primary access road from Mecklenburg Road is legally available to all current and potential future residents, constructed, and maintained to the extent of providing, in the opinion of both the Town Engineer and Town Highway Superintendent, a usable, serviceable roadway for ingress and egress of residential, emergency and service vehicles, to all dwellings and community buildings in the Special Land Use District as shown on the final site plan. c 28. Edilor's Note: Numbering refers to the Zoning Ordinance as it existed in 1995, when this section was adopted. 271:33 06-01 -2004 [2] If it determines that such waivers will not prevent the normal and reasonable access in all seasons of fire and medical emergency vehicles; and [3] The Town Highway Superintendent and the Town Engineer recommend such waiver, and [4] There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the road, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and [5] The Town Engineer and Town Highway Superintendent recommend granting the waiver. (b) If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the road in a timely and workmanlike manner. Secondary ingress and egress to the Special Land Use District. No building permits and no certificates of occupancy shall be issued for any buildings constructed in the Special Land Use District unless there is in existence at the time of such issuance: [Amended 9-10-2001 by L.L. No. 4-2001] I \ ^ )§ 271 -9 ITHACA CODE § 271 -9 (b) Suitable provisions to assure continuing legal access and continuing maintenance of the road to a standard which will allow unimpeded passage of emergency vehicles at all times and in all seasons. (c) A sign posted at the intersection of the private road and Route 79 indicating that the road is not a Town road. (2) No certificates of occupancy shall be issued, and no permits for construction of more than ten dwelling units for any new neighborhood cluster within the Special Land Use District shall be issued, unless and until: (a) The road referred to above, plus any additional road necessary to provide fire and emergency protection for the new neighborhood cluster, has been completed in accordance with the applicable Town of Ithaca highway specifications in effect at the time immediately prior to the issuance of the first building permit for any such structure, except that if the Town of Ithaca highway specifications require paving of the road, paving may be omitted, and except that as to spur roads sen'ing individual neighborhood groups from the main road (Rachel Carson Way) the Planning Board may waive the application of any part of the Town Highway specifications: [1] If it determines that full compliance with such specifications is not necessary to provide adequate traffic circulation;I \ t 271:34 06-01-2004 \ §271-9 ZONING: SPECIAL LAND USE DISTRICTS §271-9 ^ ^ (1) A secondary access road from West Haven Road with a surface at least 10 feet wide over a strip of land at least 30 feet wide legally available to. emergency fire, rescue, and medical vehicles (in fee or by easement), constructed, and maintained to the extent of providing, in the opinion of both the Town Engineer and Town Highway Superintendent, a usable, serviceable emergency roadway for ingress and eoress of residential, emergency and service vehicles, to a point where it joins the primary access road at a point no further than 1,200 feet from any dwelling unit and community center proposed to be constructed as shown on the final site plan. The surface need not be asphalt provided that the surface constructed is, in the opinion of the Town Engineer and the Town Highway Superintendent, sufficient to provide year-round access for emergency vehicles. (2) Suitable provisions to assure continuous rights of access and continuous maintenance of the road to a standard which will allow unimpeded passage of emergency vehicles at all times and in all seasons. Q. Limitation of culs-de-sac. No cul-de-sac of greater than 1,200 feet from a point providing two means of access to and from public roads (Mecklenburg Road and/or West Haven Road) existing at the effective date of this section shall be constructed in the Special Land Use District. [Amended 9-10-2001 by L.L. No. 4-2001] ^ R. Dedication of road to the Town of Ithaca. The road or roads may be offered for dedication to the Town provided that the road is constructed or reconstructed to TownC) specifications as in effect at the time of said proposed dedication except that, at the ) option of the Town, the Town may waive the requirement for paving provided that arrangements satisfactory to the Town, either by assessment, agreement, or otherwise, are provided such that if the Town paves the road, the cost of such paving shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees of land in the Special Land Use District and any other users of the land. Said arrangements may, at the option of the Town, include letters of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or residents of the Special Land Use District. Nothing in this provision is intended to compel the Town to accept such dedication. S Maintenance of open space. All the open space shown on the site plan will be owned maintained, and the use thereof controlled by a residents association or duly formed cooperative housing corporation or the nonprofit EcoVillage at Ithaca, Inc., pnmanly for the enjoyment, passive and active recreation, and agricultural purposes of the residents ot the Special Land Use District provided, however, that if any land is dedicated to the Town as part of any required park or open space recreation dedication, those areas owned by the Town will be owned, maintained, and the use thereof controlled by the Town. [Amended 9-10-2001 by L.L. No. 4-2001] T. Construction requirements. All construction for which a permit is required or granted shall comply with all applicable laws, codes, ordinances, rules and regulations. U. Ownership of ingress and egress roads. The primary road providing access property running from Mecklenburg Road to the area within the Special Land Use District shall be owned in fee title by the cooperative, homeowners' association. 271 *35 06 - 01 - 2004 §271-9 ITHACA CODE §271-9 ' ^ [3] It would be a substantial hardship to one or more individuals to delay construction of more than 10 of dwelling units; and icondominium association, or all of the owners of any individual lots contained within the Special Land Use District, as approved by the Planning Board upon the advice of the Attorney for the Town to assure continued access to and from public roads for the property in the Special Land Use District. This provision shall terminate at such time, if ever, as the road is conveyed to the Town or other public road access approved by the Planning Board is provided to the property within the District. Lots subdivided within the Residential Area do not have to have frontage or minimum lot width on a public street, so long as access and the necessary cross-easements for access to the primary EcoVillage road is guaranteed to the satisfaction of the Town. [Amended 9-10-2001 by LX. No. 4-2001] V. Provision of sewer facilities. No certificates of occupancy will be issued, and no permits for construction of more than 10 dwelling units per neighborhood cluster within the Special Land Use District shall be issued, unless and until the following shall have occurred: [Amended 9-10-2001 by L.L. No. 4-2001] (1) Sewer easements for the benefit of the Town for a public sewer line running from a presently existing public sewer to the location of the proposed dwelling units and corruTJunity center as shown on the finally approved site plan are obtained in the form normally required by the Town of Ithaca from all landowners over which said sewer line must run and the same recorded in the Tompkins County Clerk's Office; and (2) A sewer line is constructed by the developer or other owner of land in the Special ^ i Land Use District, at such party's expense, in accordance with all applicable ^ j specifications and requirements (including the Town of Ithaca and Tompkins County specifications) to the satisfaction of the Tompkins County Health Department and the Town of Ithaca Town Engineer and the line is transferred and dedicated to the Town of Ithaca. (a) The developer may request a waiver from the requirement of this Subsection V(2) to the extent of obtaining additional building permits earlier than would otherwise be authorized by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of more than ten building permits if the Planning Board finds: [1] The plans for the sewer line have been approved by all applicable agencies; [2] Work has been commenced on the construction of the line and is progressing with sufficient rapidity that it is reasonable to expect that it will be completed before any certificates of occupancy for any dwelling units eire issued; [4] There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer tocomplete the line, such proof being in the form of a dedicated escrow ^ ) 271:36 06-01-2004 12719 ZONING; SPECIAL LAND USE DISTRICTS §271-9 Planning Board; and [5] The Town Engineer recommends granting the waiver. the sewer line in a timely and workmanlike manner. W. Provision of adequate water facilities. development: [Amended 9-10-2001 by L.L. No. 4-2001] ,a) water lines built by tj. « theTequ— of" h:tmpkins'county Health Depantnenh -d^ ap^Se plumbing and building eodes, as the same perta.n to a pnvate water system; and i i " reasonable judgment of the ^ rtmvide sufficient flows of♦u T/^mrtVinc Countv Health Department, to provide suiiiciethe don^stie household use and at the common water at the dwelling inca iw* fire orotection and any other proposed use requiring water. (C) A meter installed by .he developer at the^vd^^^^^^^^^^ West Haven Road where District in Water Commission, and any other municipal agency s requirem supply purposes.(2) The developer ^mUs^^Lfihan w™er^i^ be permilied by applying for such ^The Planning Board may, bul is nol required to, aulhonze ihethan ten building permits if ihe Planning Board finds. (a) The plans for ihe waier line have been approved by all applicable agencies: 271:37 06.oi.M04 §271-9 ITHACA CODE §271-9 ^ i ibe completed before any certificates of occupancy for any dwelling units are issued; (c) It would be a substantial hardship to one or more individuals to delay construction of more than 10 of dwelling units; and (d) There is proof provided to the Town Engineer and Planning Board that there is adequate financial support available to the developer to complete the line and associated facilities, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney for the Town and the Planning Board; and (e) The Town Engineer recommends granting the waiver. (3) If such a waiver is granted, the Planning Board may impose such reasonable conditions upon the grant as it may deem appropriate to assure completion of the water line and associated facilities in a timely and workmanlike manner. X. Modification of site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board. 29. Editor's Note: Said Schedule A is included at the end of § 271-9. 271:38 06-01-2004 ! SArea rezoned. The area encompassed and rezoned in accordance with this section to be Special Land Use District No. 8 is described on Schedule A to this section.-' The Official ^ Zoning Map of the Town of Ithaca is hereby amended by adding such district at the ^ location described. Reversion. (1) Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this section, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this section shall terminate and the zoning shall revert to that in effect prior to the adoption of this section, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this section, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Special Land Use District by this section. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. . ^ c f > § 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9 (2) For the purposes of this section, work will not have "materially commenced unless, at a minimum, i) a building permit, if required, has been obtained; ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. AA Invalidity. If any provision of this section is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this section which shall remain in full force and effect. Schedule A Description of Area Rezoned Special Land Use District No. 8 2001 Amendment [Amended 9-10-2001 by L.L. No. 4-2001] All that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: t i 271*39 06-01 -2004 § 271 -9 ITHACA CODE §271-9 I I tBeginning at a point in the center line of Mecklenburg Road which point is approximately 225 feet westerly from the intersection of such center line with the center line extended of West Haven Road; thence southerly on a line parallel with and 225 feet westerly from the center line of West Haven Road a total distance of approximately 1282.15 feet to the northwesterly comer of lands now or formerly of Robert A. and Elizabeth Hesson (L. 603, P. 564); thence S 1° 48' 31 E along the westerly line of said lands of Hesson, passing through a point at the southwesterly comer of said lands of Hesson and continuing a total distance of 482.53 feet to a point located in the centerline of a creek; thence along the center line of said creek, being also the northerly line of lands now or formerly of Frank & Rose V. Racco (L. 548, P. 9), the following six (6) courses and distances: (1) N 76° 25' 16" W, a distance of 76.65 feet to a point; (2) thence S 83° 51' 07" W, a distance of 185.05 feet to a point; (3) thence S 87° 57' 22" W, a distance of 106.21 feet to a point; (4) thence N 40° 30' 59" W, a distance of 117.33 feet to a point; (5) thence N 8° 36' 54" W, a distance of 47.43 feet to a point; (6) thence N 52° 59' 10" W, a distance of 119.59 feet to a point being a northerly comer in said Flacco premises; thence S 3° 49' 6" W along the westerly line of said lands of Flacco a total distance of 716.89 feet to an iron pin located at the southwesterly comer of said lands of Flacco; thence S 86° 57' 21" W, along a northerly line of lands now or formerly of Donald F. & Genievieve W. Henry (L. 737, P. 141), a distance of 84.76 feet to an iron pin located at a northwesterly comer of said lands of Henry; thence S 6° 49' 6" E, along a westerly line of premises of Helen DeGraff (L. 310, P. 15 & L. 448, P. 1027), a distance of 1066.73 feel to an iron pin; thence S 87° 37' 09" W, along a ^ northerly line of lands of DeGraff, and continuing along the northerly line of lands now i or formerly of Longhouse Cooperative, Inc. (L. 546, P. 742), a total distance of 2072.73 j feet to an iron pin located at a comer of lands now or formerly of Longhouse Cooperative, Inc. (L. 635, P 482 7 L 635, P. 492); thence N 03° 14' 12" W, along the easterly line of said lands of Longhouse Cooperative, Inc.," a distance of 400.29 feet to an iron pin located at a northeasterly corner of said lands of Longhouse Cooperative, Inc.; thence N 86° 45' 49" W along a northerly line of said lands of Longhouse Cooperative, Inc. a distance of 1047.69 feet to an iron pin located at a northwesterly comer of said lands of Longhouse Cooperative, Inc. being also an easterly line of lands reputedly owned by Comell University; thence N 1° 17' 37" W, along an easterly line of said lands of Comell, a distance of 700.38 feet to an iron pin located at a northeasterly comer of said lands of Comell, being also a southerly line of lands now or formerly of YMCA of Ithaca and Tompkins County (L. 606, P. 172); thence N 88° 01' 30" E, along a southerly line of said lands of YMCA, a distance of 421.59 feet to an iron pin located at a southeasterly corner of said lands of YMCA; thence N 2° 23' 46" W, along an easterly line of said lands of YMCA, a distance of 965.44 feet to an iron pipe; thence N 87° 36' 14" E along a southerly line of said lands of YMCA, and continuing along the southerly line of lands now or formerly of Robin Bottie and David Warden (L. 633, P. 728) a total distance of 1725.73 feet to an iron pin located at the southeasterly comer of said lands of Bottie and Warden; 271:40 06-01-2004 §271-9 ZONING: SPECIAL LAND USE DISTRICTS §271-10 ^ thence N 01° 49' 46" W, along the easterly line of said lands of Bottle and Warden and continuing along the easterly line of the lands now or formerly of Joseph and Daisy Schimmenti (L. 557, P. 454) and the easterly line of the lands "O"' ™ Sadegn Deljoo and Ngem Puang (L. 656, P. 235) a total distance of 128L8 feet to a point in the said center line of Mecklenburg Road; thence N 87 50 16 E, alon„ th said center line of Mecklenburg Road a total distance of 563.93 feet lo a poinu 'heiiM S 01° 48' 31" E, along the westerly line of lands now or formerly of Michael Carroll (. . 732, P. 330) a'lotal distance of 721.5 feet to an iron pin; thence N 87° 50' 16" E, along the southerly line of said lands of Carroll a distance of 404.0 feet to an iron pin; thence N 01° 48' 31" W, along an easterly line of the said lands of Carroll a distance oi IdV. _ feet to a point; thence N 88° 11' 29" E, along a southerly line of the said lands of CaiToll a distance of 125.00 feet to a point; thence N 01° 48' 31" W, along an easterly line of said lands of Carroll a distance of 300.00 feet to a point; ^ W, along a northerly line of the said lands of Carroll a distance of 125.00 feet to a point; thence N 01° 48' 31" W, along an easterly line of said lands of Carroll ^ distance of 281 76 feet to a point in the said center line of Mecklenburg Road; thence N 88 53" E, along the said center line of Mecklenburg Road, a distance of approximately 522.14 feet to the point or place of beginning, being net 165.72 acres more or less. The above description is in accordance with a map entitled ECOVIL.LAGE COHOUSIING COOPERATIVE MECKLENBURG ROAD - N.Y.S. RTE. 79 TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" with a sheet title ' of "SUBDIVISION PLAN MAP" Sheet 1, dated June 11, 2(W1, made by T.G. Miller P.C., a copy of which is on file with the Town of Ithaca Planning Office. c §271-10. Special Land Use District No. 9 (Limited Mixed Use, Cornell Precinct 7). [Adopted 12-11-1995 by L.L. No. 14-1995] A. Preamble. (1) WHEREAS, Cornell University has plans for long term development of a portion of the Cornell University Campus known generally as "Precinct 7" of the recent Planning Study done by Cornell; and (2) WHEREAS, the plans are for development of this are solely for educational purposes and to further the education mission of the University; and (3) WHEREAS, in order to assess the short- and long-term environmental and other effects of development of this area, the University voluntarily undertook to prepare a Draft Generic Environmental Impact Statement ("DGEIS"); and (4) WHEREAS, the Town, Cornell, and many residents of the Town have participated in the analysis of the proposed development and the drafting of the DGEIS; and ^ (5) WHEREAS, the DGEIS has now been completed and a Final Genenc ^ Environmental Impact Statement ("FGEIS") has been prepared by the Town, taking into account the concerns and comments expressed at several public hearings on the proposed development; and I \ 271 *41 06 - 01 - 2004 ^ § 270-5 ITHACA CODE § 270-5 » 1 (4) Any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors. B. The term "ALTER," in its various modes and tenses and its participial form, refers to the making of an alteration. AMATEUR RADIO FACILITIES — Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty (the exception for mobile equipment does not extend to any antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment). [Added 8-13-2007 by L.L. No. 7-2007] BASEMENT— That space of a building that is partly below grade which has half, or more than half, of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. BED-AND-BREAKFAST— A building originally built and used as a dwelling other than a hotel or motel in which accommodations for transients are regularly offered for compensation and which accommodations include provision of at least one meal, and in which building no _ more than four bedrooms are utilized for such accommodations. BUILDING — A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property. BUILDING, ACCESSORY — A detached building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building. BUILDING AREA— The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. BUILDING CODE — The New York State Uniform Fire Prevention and Building Code (9 NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor regulations, laws or codes. BUILDING LINE — The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side, and rear building lines are respectively the building lines closest to the highway right-of-way, side property line and rear property line. BUILDING, PRINCIPAL — A building within which is conducted the primary uses of the lot on which the building is located. CATERER — A person or enterprise that prepares food for hire for consumption predominantly off premises. 270:10 09- 15 -2007 z\ \coOOOOOOOOOO^^CCC'::^OOOOOC>CC I * ?v i^«-7 J.<5i,5. D©®®oo®oooeeoooeo '.r ->i'f ■'* ' 01/07/2008 TOWN BOARD MEETING ATTACHMENT #4 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239-11, titled "Statutory authority'* is amended by deleting the phrase "Chapter 531 of the Laws of 2006" and replacing it with the phrase "Chapter 348 of the Laws of 2007", so that this section reads as follows: "This article is enacted pursuant to § 459-c of the Real Property Tax Law of the State of New York as amended through Chapter 348 of the Laws of2007." Section 2. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239-12.A, titled "Grant of exemption; conditions" is amended by adding the words "or real property owned by one or more persons, some of whom qualify under § 459-c and the others of whom qualify under § 467 of the Real Property Tax Law of the State of New York," after the words "at least one of whom has such a disability," in the first sentence, and by deleting the income/exempt percentage schedule in subparagraph A and replacing it with the following income/exempt percentage schedule so that subparagraph A reads as follows: "Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons with disabilities as defined in § 459-c, or by a husband, wife, or both, or by siblings, at least one of whom has such a disability, or real property owned by one or more persons, some of whom qualify under § 459-c and the others of whom qualify under § 467 of the Real Property Tax Law of the State of New York, and whose income is limited by reason of such disability, shall be partially exempt fi*om taxation by said Town for the applicable taxes specified in said § 459-c based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: December 20,2007 Annual Income of Owner or Percentage Assessed Valuation j ^ Combined Annual Income Exempt From Taxation ^ of Owners Up to and including $27,000 50% More than $27,000 but less than $28,000 45% $28,000 or more but less than $29,000 40% $29,000 or more but less than $30,000 35% $30,000 or more but less than $30,900 30% $30,900 or more but less than $31,800 25% $31,800 or more but less than $32,700 20% $32,700 or more but less than $33,600 15% $33,600 or more but less than $34,500 10% $34,500 or more but less than $35,400 5%" Section 3. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239-15, titled "When effective" is amended by replacing the two references to "2007" with "2008" so that this section reads as follows: "The schedule in § 239-12.A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2008. With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1, t ) 2008, the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date." Section 4. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 5. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. I \ f \ December 20,2007 01/07/2008 TOWN BOARD MEETING ATTACHMENT #5 488iiSi#n TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," REGARDING SENIOR CITIZENS EXEMPTION Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-1, titled "Statutory authority" is amended by deleting the phrase "Chapter 186 of the Laws of 2006" and replacing it with the phrase "Chapter 434 of the Laws of2007", so that this section reads as follows: "This article is enacted pursuant to § 467 of the Real Property Tax Law of the State of New York as amended through Chapter 434 of the Laws of 2007." Section 2. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-2.A, titled "Grant of exemption" is amended by adding the words "or real property owned by one or more persons, some of whom qualify under § 467 and the others of whom qualify under § 459-c of the Real Property Tax Law of the State of New York," after the words "or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over," in the first sentence, and by deleting the income/exempt percentage schedule in subparagraph A and replacing it with the following income/exempt percentage schedule so that subparagraph A reads as follows: "Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Itiiaca, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over, or real property owned by one or more persons, some of whom qualify under § 467 and the others of whom qualify under § 459-c of the Real Property Tax Law of the State of New York, shall be partially exempt from taxation by said Town for the applicable taxes specified in said § 467 based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Percentage Assessed Valuation Combined Annual Income Exempt From Taxation of Owners Up to and including $27,000 50% More than $27,000 but less than $28,000 45% $28,000 or more but less than $29,000 40% $29,000 or more but less than $30,000 35% $30,000 or more but less than $30,900 30% December 20,2007 l I i $30,900 or more but less than S31,800 25% $31,800 or more but less than $32,700 20% $32,700 or more but less than $33,600 15% ^ $33,600 or more but less than $34,500 10% $34,500 or more but less than $35,400 5%" Section 3. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-5, titled "When effective" is amended by replacing the two references to "2007" with "2008" so that this section reads as follows: "The schedule in § 239-2.A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2008. With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1, 2008, the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date." Section 4. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 5. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. t I ^1 / \ December 20,2007 , ^ 01/07/2008 TOWN BOA] ATTACHMENT #6 ' TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JONATHAN KANTER, DIRECTOR OF PLANNING ^ RE: THE VILLAGE AT SOUTH POINTE - ASSISTED LIVING FACILITY, NEW SITE ON ENFIELD FALLS ROAD - PROPOSAL TO REZONE TO PLANNED DEVELOPMENT ZONE (PDZ) DATE: DECEMBER 27,2007 TTiis is a follow-up to the presentation and discussion at the November 19^*" Town Board meeting regarding the proposal by South Pointe Associates for an assisted living facility in the southern end of the Town of Ithaca. The original site proposed by South Pointe Associates was adjacent to the former Turbacks' building on Elmira Road/Route 13. Several Town Board members had concerns with that site pertaining to its proximity to a Conservation Zone area, its location on a very busy State highway, the relative isolation of the site, and the lack of public transit in this area. South Pointe Associates is now proposing a new site for the assisted living facility located • s nearby on Enfield Falls Road/Route 327. The new site is slightly larger, consisting of 10.69 +/- ; , acres (compared with 9 +/- acres on the previous site). The new site is also zoned Low Density Residential (LDR) and is located just across from the main entrance to Robert H. Treman State Park. Please refer to the attached location map showing both the previous site and the current site of the proposed assisted living facility. South Pointe Associates has submitted the attached letter (dated 12/19/07 from Chris Vitale) requesting that the Town Board consider rezoning the new site on Enfield Falls Road from LDR to Planned Development Zone. I have attached excerpts from the applicant's earlier report, entitled "The Village at South Pointe - An Assisted Living Community" (11/02/07)) for the Board's easy reference. Those of you who have a copy of that earlier report should refer to it because much of the information regarding the proposal is still relevant (except for the new site). This follow-up discussion is scheduled for the January 7, 2008 Town Board meeting. The applicant will attend and will be available to discuss the proposal with the Board and answer questions regarding the proposal and the new site. In addition, Betty Falcao, from the Health Planning Council has been invited to attend the meeting to discuss and answer questions pertaining to assisted living centers and the need for such facilities in the Finger Lakes area. The proposal includes an assisted living facility that would require licensing by the NYS Departments of Social Services and Health. The current information that we have is that the facility would be a one-story building, consisting of +/- 30,000 square feet, and would include 80 beds in 40 units. The facility would also include a cafe, ice cream parlor, barber shop, beauty salon, and private dining room for resident use, along with +/- 39 parking spaces. The rezoning is entirely at the Town Board's discretion, under its legislative authority. Article XXI of the Town of Ithaca Zoning Code (Chapter 270) includes the purpose and requirements of a PDZ. Article XXII includes the procedures for the creation of new zones. The following are some preliminary observations regarding the current proposed site on Enfield Falls Road. Comprehensive Plan Recommendation: Located in a transitional area, partly designated as "Suburban Residential" and a portion shown as "Rural Residential" in the 1993 Town of Ithaca Comprehensive Plan. Adjoining areas are shown as "Agricultural" to the north and "Recreation" to the south (reflecting the presence of Robert H. Treman State Park). Current Site Use: Vacant, undeveloped, consisting of former farm fields and woods. Surrounding Zoning: Additional Low Density Residential (LDR) to the west and east; Conservation Zone to the south; Agricultural Zone to the north. Surrounding Land Use: Robert H. Treman State Park is located directly across Enfield Falls Road to the south; low density, single-family residences are situated adjacent and to the west of the site; and active agricultural land is located to the north, along with a small cemetery and a single-family residence. The intersection of Enfield Falls Road and Elmira Road/Route 13 is just north of the site. Local Law to Rezone to PDZ: If the Town Board decides to pursue the concept of this proposal, a local law would need to be drafted to rezone the property to a Planned Development Zone (PDZ) as part of the approval process. It would make sense to have a draft local law, covering development limits, allowed uses and other considerations, prior to further consideration of the proposal. However, drafting a local law would only be appropriate if the Town Board decides to pursue this proposal. Environmental Review: This would be a "Type I" action pursuant to the State Environmental Quality Review Act (SEQR) and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review, since the proposal includes the construction of 30 or more residential units and/or the construction of more than 30,000 square feet of floor space. If the Town Board decides to refer this proposal to the Planning Board for a recommendation, the Town Board should consider whether it wants to be lead agency or whether it wants to request that the Planning Board establish itself as lead agency to coordinate the environmental review for the proposed project. Possible actions would include a re-zoning by the Town Board and site plan approval by the Planning Board. Possible Board Actions at January Meetine: f ^ ^ ( ( ^ Public Sewer and Water: Public sewer and water lines are available in the vicinity of the project site. The Engineering Department will need to assess the capacity and suitability of these facilities in regard to the needs of the proposed assisted living community. Option 1: Consider referring zoning proposal to Planning Board for recommendation, Confirm classification as "Type I" Action pursuant to SEQR, and if Type I, consider whether the Town Board or Planning Board should be Lead Agency to coordinate the environmental review, if referred. • Option 2: Indicate interest in the proposal, and request that the applicant prepare a draft local law, in consultation with the Attorney for the Town and Director of Planning, Refer the proposal and the draft local law to the new Planning Committee prior to referring the matter to the Planning Board for a recommendation, • Option 3: Take no action at this time. Request additional information from applicant for further consideration, • Option 4: Indicate that the Town Board is not interested in considering the requested rezoning. There are many more details in the applicant's original report. Please review these materials for the January 7*'' Town Board meeting. Meanwhile, please let me know if there are any questions prior to the meeting. Att. cc: Chris Vitale Charles Guttman 31 32 ■•J 8.7; ■ 31 81^1 Ac'C © 8.34 22.38 Ac 11.93AcC V -k. ; = ■*■'•• \ A ■.■ "-'a ► ^ • V^ ' ^3 ^ '^rO'-S.BlTAe •/j'4,12 3.00 Ac A' ^•-.7.2 •. c. ;Pv^^OSiJ ^ ^ ~ 12. S<i__72.47Ac • - i - - » .1 -v ; WMlSCeMmBT Tt«' ^ rrtuCAVE'reRAN1.3 AREUEf«*SSO^ fi .lSAc 44.43 AeC 44.70 Ac 610.—, .•••,.■ 16.78 *4r' ---rftrtAc •;■■,?7^N.«M^T^NbF,m|l^A 1; -2 fld" 5SvA.tt\ 10 TiaT^ ,/'; -> 33.7 AeC ROBERT H TREI.UN STATE PARK V'7^s '. 13.01 AeC rt f' ■JWVtf ^•v72J0AcC FINGER LAKES LAND TRUST \{SWEEDIER PRESERVE) Proposed Pezoning Village at South Pointe ItMn of Ithaca, NY12/27/07 LEGEND ;l99t :ins & Flint Lol Number Parcel Connector Properly Line Former Property Line Cuneni Year Changes Blodr Limit External Tax Map Block Number 43.1 Parcel Lol Numba j u Previous Lot Number ' I Subdivision Lol Number J.SAc Deed/Survey Acreage 2.11 AcC Computed Acreage 1880Ac6 Grouped (Total) Acreage loOt Scaled (Calculated) Acreage rood Deed Dimension TOWN OF ITHACA TOMPtUNS COUNTY. N.Y. m e 400 MAP: 33 SCALE; r-400' 10:35 7811494 12/19/07 Town of Ithaca 215N.Tioga Ithaca, NY 14850 SENECA LAKE TERRACE PAGE 02 I ..i ii';!>: 11 li. 1 n n DEC 1 9 2007 ^3 A"•EER:MG Dear Town Board: Re: Re-zoning of property on Enfield Falls Road Tax Map# 33.-1-9.2 10.5 Acres I respectfully request that you consider re-zoning the above referenced property located off Enfield Falls Road, just west of Rt 13, South in the Town of Ithaca. This particular piece of property encompasses more than 10 acres and is much more conducive to the construction of an 80 bed Assisted Living Community for a number of reasons as stated below. • The location is such that the property is NOT off a mtyor highway but instead has almost 500 feet of road front^e on a safer, less traveled Enfield Falls Road. • From the North of the property, elevation offers a slight slope down to meet the road, allowing for our building to be placed in better view from the road, providing maximum exposure. • The property is NOT adjacent to a conservation area and has all necessary utilities including, Gas, electric, sewer and water. • Contrary to initial concerns about the distance of our property from town, this property is less than 2 miles outside of the center of town and is located in a fairly residential area. • The property has few neighbors and has a cemetery located behind it (not in view) • Please note that in all of our existing communities wc are located in residential neighborhoods and provide service to the people of that surrounding area. It is our belief that a quality Assisted Living Community should be a part of any comprehensive plan for a developed neighborhood. This Building will be an attractive, unassuming and modest sized ranch style home that serves to fill a void in Tompkins County. In addition this building will provide a sizable tax base for the town of Ithaca and finally, this location is appropriate for not only the above mentioned reasons but also because it has been demonstrated that Tompkins County needs this service. The Town of Ithaca is in a position to benefit fix>m this project and currently there arc NO options on the south side of Ithaca for residents of Tompkim County. Thank you for your continued assistance on this project and I look forward to working with the Town towards a common goal t^erve the population of Tompkins County. Sincerely, Chris Vitale - Operator l'^/20/2B07 10:35 7811494 SENECA LAKE TERRACE PAGE 03 DFC 1 9 2007 f C.e:5Ac DEC-19-2007 01:14 AM P . 02 l2/e5/2887 23: 1 isiEjssd^ fr>tfih/ vi^ i9a9QWjf/t^ f \ > \ Southe Pointe Associates Background The owners of South Pointe Associates are primarily made up of two Brothers from Aubum, NY named Chris and Paul Vitale. From their early youth, Chris and Paul had the opportunity to work in Healthcare. Working for their father who ran a 170 bed adult home in Aubum NY, they learned form having direct hands on experience in all aspects of caring for the elderly. From dishwashing, maintenance, and planned activities to managing a kitchen that was responsible for providing meals for 170 residents, 3 times a day. After high school, Chris and Paul attended the SUNY Institute of Technology at Utica, NY to obtain a degree in Health Services Management. After College, and becoming licensed as a Skilled Nursing Home Administrators, Both Paul and Chris pursued separate opportunities with corporately owned Nursing Homes facilities. Chris and Paul had successful careers and enjoyed the responsibility but missed the experiences they had in Assisted Living. 1 In 1999, after living South of New York for more than 8 years, Paul moved back to NY and the brothers collaborated with their father to build, own, and operate a 66 bed Licensed Assisted Living Community located in Geneva, NY named Seneca Lake Terrace Assisted Living. In April of2001, Park Terrace Assisted Living Community was opened. Both of their facilities have become a familiar and welcomed part of the local landscape in their home towns and continue to provide a needed service in their respective communities. Collectively, Chris and Paul Vitale have been working in the healthcare industry for more than 30 years and have dedicated their lives to serving the needs of the frail elderly. The Vitale brothers have a reputation for providing excellent care and are directly involved in ALL aspects of managing their building. The intended project in Ithaca is an extension of their commitment to providing quality, affordable Assisted Living services to the elderly. L Chris Vitale 4771 West Lake Road Auburn. New York 13021 315-252-9962 CJV2552@rochester.rr.coni Objective ^erm cL'coS"® ^ Long Experience 1988-1996 Northbrook Heights Adult Home Auburn, NY Dietary Cook/Activities Coordinatai^-nteiiance ' n Responsible for feeding up to 160 residents 3 times daily. ^ resident participation and satisfacttan tor a full ^^tafon sPeofically desgned to meet the needs of an elderly maintenance personnel to make sure all aspects ofthe home was up to par in regard to DOH regulation and policy. P®'<°mied over an extended period of time from highsch^mrough college and into my eariy career. Working closely with alldecent heads to gam valuable knowledge of the business of caring for the Servtees''^'" DoS'p^l^ aid " ""paid <^a'ms andresolving billing errors to achieve reimbursement from County and State offices n Directly managed quality of care through an extensive quality improvement program developed with the Director of Nursing and Administrator. 1997- 2000 Howd Nursing Home Administrator Moravia, NY Responsible for all facets of operation for this 40 bed Nursing Facility regulations and procedure maintaining pmnin ' "managing a 1.8 miliion dollar budget and working closely withemployees and management to ensure employee satisfaction. Seneca Lake Terrace Assisted Living Community1999 - Present Geneva, NY Operations Manager/Administrator * S 66 bed n maintaining a healthy cash flow through dose budget management and 5511-12J7 Wtt»rfbrd BiufT (PlP)783-5351 h{>n« Raleigh. N C. 27612 (7(>») i;06-Q393 Ml! PaulRVitale : n To continue in a Health Care .Administrative position thai v»ill albw me ;o utilize my skills, education and experience. 1994 - 2000 Integrated Health Services Raleigh, NC11/199S &(ecutive Director-- - North Carolbia • Managed 9 Skilled Nursing Facilities. (1100 beds). 7 of \vhich» .soon after acquisition. • Implemenicd i.K.S. policies, procedures and mission into facilities • Managed and provided Support to .Administrators. • Liaison between the ccrporation and the facilides. 11/1996 - ] 1/1998 Raleigh. NC Senior Admirdstrator-IJH.S. of Raleigh/Treybum fltehab I.H.S. of Rnltfigh: • Primary Administrator / overall manogement of 1 bed Sub-acuie SNl- including 20 bed ventilator unit. • Successfully managed 2 Full State Surveys with subsiantial improvemem over previous surveys and very positive outcomes, minor citations on 1998 survey, 50% reduction In citations from 1996 survey to 1997 survvy). • Irfiplemenied retention programs that reduced Una staff lurnovci sljnihcamiy. • Improved / developed rccruiiment efforts and retention prtigrams. • Direct Supervision of U Deparimcnt heads. • Overall manager of ovur 200 cniployecs. Treyburn Rehab: • Senior Admiristraior of Treyburn Rehab. 150 bed Sub-acute SNF. • Hired Administrator for facility. • .Achieved I deficiency free Full Stale .Survey and ! single deficiency full Stale Survey. • Provioed support and auidance to facility, (clinical a.td financial). • Mediator lo employ^ie and HR issues. • Cououcied / participated in mcnlhly financial reviews to erasure efficxncy. • Promoted to E.KCCUli vc Director tor I.H S. in 11/S8. P0.20 39tfd 30VdiGl >iy"5'd Z0&S8e9Siet 87:06 i.00c/3e/TT ( . 10/1994 - 1 1/1996 Tarpon Springs, FU Adniintstmtor- of Tarpon Springs » Overall management of 120 bed Sub-acute SNF. • Managed 2 very successful Full State Surveys, substantially iniprovi.'ig from previous surveys and attaining Florida's '"superior rating*' both lirnes. • Achieved Accreditation from JCAHO for both LTC and Sub-acute. <• Direct vSupervtsion of! 1 Depariment heads. • Overall manager for more than 140 employees. • Consistently exceeded budgeted "run rate", 22 out of 24 months. » Exceeded annual budgetjed "run rate'* by more than 20% for 1995 and 1996- • Developed inceiiiivc program for key department heads 10 mcci budgeted expenses and census. • Consistently met budgeted expenses and cen.sus. • Achieved "Administrator of the Vcar" award in 1996 with l.H.S. for outstanding Clinical and Financial performance. • Promoted to Senior Administrator in 11/96. ( ( ' ) 1993 - 1.994 Beverly Enterprises 10/1993 - 10/1994 Dadc C hy. FL Administrator • Dade City Qeriatric Center • Overall management of 120 bed LTC SNF • Successfully managed 1 superior rated Annual State Survey. • improved census mix to be able co serve shon lerrn rehab Residents. • Direct Supervision of 8 Department heads, • Overall nuanager for more tlwn 100 employees. • Achieved the Beverly "6" award for exceilence. 1/1993-10/199,3 Ocala.FL Administrator iik Trailing - Stoncgate Nursing Cantor • Successfully completed Florida A.l.T. while participating in numerous administrative functions, (I.e. hiring, disctpitning, recruitment and retention). • Assisted in numerous other Beverly Facilities during Siaio Survey process. • Attended Florida Health Care Association Conference and regular meetings.'■ i be. 5:0 SB-Jd BWdbSl MdVd i0S3e£9STei 8t?:6e l22Z/Z^f/ll The Villase at South Pointe will be a licensed Assisted Livine Prosram. Assisted Livine Proeram Definition: An Assisted Living Program facility is licensed by the New York State Department of Health and provides supportive housing and convalescent home care nurse services to individuals who are medically eligible for placement in a skilled Nursing facility but, whose needs can be met in a less restrictive and lower cost residential setting. Home care services may be paid for through a capitates Medicaid rate or private pay rater set by the facility operator. Payment for the residential services may be through Supplement Security Income (SSI) level HI or private pay. Services to be provided at the Villase at South Pointe The Village at South Pointe will provide a range of services to its residents that include the following: n Nursing Services n On-going health management n Medication administration n Coordination of services such as physical therapy, occupational therapy, speech therapy, etc... n Providing all meals, housekeeping, laundry and linen services. n A full range of activities that are held both inside the facility as well as the surrounding Ithaca area. n Organize and arrange for personal care services that include assistance with dressing, bathing, toileting, grooming and overall health. n Dietary consultation and planning of meals, n Arrangement for Physician appointments with ongoing follow-up and transportation. n 24 hour supervision and staff on site n Ongoing case management and coordination of all aforementioned services. All of the above services will be part of the basic plan of care for each resident at The Village at South Pointe. Operational Logistics The Village at South Pointe will be staffed 24 hours a day, 365 days a year. The staff will consist of Administration, Case manager, RN managers, LPN supervisors. Personal care aides. Home Health Aides, Housekeepers, Dietary staff, Maintenance staff, as well as Activity coordinators. The above staff will work together to provide a seamless array of services that will enable (our residents) the frail elderly to live up their highest practicable well being. Residents will have opportunity to stay active and participate in many local and cultural events of the surrounding Ithaca area. The Village of South Pointe will strive to be an important part of the local landscape in Ithaca, constantly reaching out to bring local culture into the facility as well as taking our residents out of the building to enjoy so much that Tompkins County has to offer. The VUlaee at South Pointe buildins description The Village at South Pointe will be an upscale, beautifully landscaped one stoiy building with brick-face accents. The inside of the building will be themed to mimic a small, town square atmosphere. The building will have a design that makes use of natural lighting via skylights, allowing for an optimal natural atmosphere for people and plant life to thrive. Our home will include a fimctioning Ice Cream parlor that is decorated as a 1950's soda shop. Our layout will include a full sized Beauty salon and Barber shop that will serve the need of all residents. Also, our building will include a large living room with a gas fireplace and beautifully designed furniture arrangements allowing for areas conducive to conversation. There will be several lounge areas and activity areas. The building will have a separate homelike "Country Kitchen" that one may have in their own home, allowing for residents to participate in baking, cooking and crafts while being supervised by activity staff. In addition to common areas, this building will include a chapel and library for those residents that enjoy personal time reading or reflecting. The main dining room of the building will have access to an outdoor courtyard that is beautifully designed and will include much landscaping, this area will include walking paths that will be enclosed and provide a safe outdoor area for residents to enjoy. In conclusion The New York State mandated Berger Commission report of2006 determined that Tompkins County was in desperate need of Assisted Living Program beds. After many discussions with local Department of social services leaders, Tompkins Office of the Aging staff and many other healthcare professionals in the Ithaca areas, it's clear that the Village at South Pointe will be a beautiful and much needed addition to the lacking Assisted Living Program services in Tompkins County. Our intention is to provide an exceptional alternative for the frail elderly who currently have few options for housing when faced with needing Assisted Irving services. Currently elderly residents are forced to move out of the area or into a skilled Nursing Home when their needs could be met in a less restrictive, more residential style community. It will be our commitment to operate this building making it something that Ithaca can be proud of and will meet the overwhelming need of many Tompkins County residents. Chris Vitale - Developer ! \ t \ The Village at South Polnte Program Attachment #: 1 updated: 9/8/2007 The Village at South Pointe will be a new licensed 80 bed Assisted Living Program located in the town of Ithaca just South of the city of Ithaca in Tompkins County. This new 80 bed facility will be operated by South Pointe Associates, Inc. d/b/a The Village at South Pointe. South Pointe Associates, Inc., d/b/a The Village at South Pointe leases from South Pointe Associates, a partnership. Principals are the same in each organization with the same interests. Christopher Vitale, Paul Vitale, Jonathan Vitale and Joseph P. Vitale are the principals. Two of the 4 principals also operate Adult Care Homes and Assisted Living Program facilities in Geneva, New York and Baldwinsville, New York^ Paul-Vitale is the administrator of Park Terrace at Radisson Assisted Living Community, a 65 bed ACF including 17 Assisted Living Program beds. Chris Vitale is the Administrator of Seneca Lake Terrace Assisted Living Community, a 66 bed ACF including 15 Assisted Living Program beds. These buildings have been operating since 1999 and 2001 respectively and as operators we have demonstrated commitment to quality since that time. The operators of Park Terrace at Radisson and Seneca Lake Terrace have had strong and successful relationships with local Department of Social Services districts in the following counties: Ontario, Onondaga, Oswego, Seneca, Yates, Wayne and Cayuga. Recently we have made contacts with Tompkins County Department of Social Services staff to discuss the proposal of this type of facility in Tompkins County. After meeting with DSS Commissioner Patricia Carey ^ and her staff as well as Tompkins County Department of Health officials it is clear that there is^ overwhelming support for this type of project in Tompkins County, specifically the town of Ithaca. As a direct result of recommendations contained In the Commission on Health Care Facilities in the 2Tst Century (aka The Berger Report), recommendations which have become law, in accordance with the enabling statute of the Commission (section 31 of part E of chapter 63 of the laws of 2005). the NYS Dept of Health is sbliciting applications for 80 ALP beds in Tompkins County. This application is our response to that solicitation. It is our belief that as successful existing ALP operators in more than 8 counties, we look forward to the opportunity of expanding the ALP program into Tompkins County. As operators of other ALP's including 15 beds in Geneva, and 17 beds in Baldwinsviile, we are knowledgeable and competent in our ability to successfully operate an 80 bed ALP in Tompkins County. Our existing ALP's have operated successfully since inception in 1999 and 2001 respectively. Registered Nurses will be employed and experienced staff from our existing facilities will be shared to optimize the success of the new operation in Ithaca. The Village at South Pointe Program Attachment#: 2 ^ i page: 1 ' ) updated: 9/8/2007 The 80 bed ALP will be operated essentially the same as our present ALP operations In Geneva and Baldwinsvllle. The contractors will be Tompkins County Dept. of Social Services and the CHHA is proposed to be Tompkins County Health Dept. Certified Home health Agency. Prospective applicants to our ALP will be first assessed by our Registered Nurse to determine whether we can meet the applicants care needs. Arrangements would then be made with our local county Dept of Social Services and CHHA (Tompkins County Health Dept), to assess the proposed ALP resident A PRI assessment would also be completed at this time to determine the appropriate RUG score and again to determine what care needs are appropriate and to develop a care plan. A DSS 4449C Medical Evaluation will be completed prior to admission and, if appropriate, a Mental Health Evaluation would be completed as well. If a Mental Health Evaluation is necessary, then appropriate mental health provider linkages would be made, as appropriate, to assure the availability and provision of mental health services for the resident. A unique feature of this proposed 80 bed ALP program is that it would finally serve Medicald eligible / SSI residents in Tompkins County. It is important to note that the need for this type of ALP facility has been recommended by the Berger Commission Report As operators we have made several contacts with County officials to reaffirm the fact that there is a significant need for this type of facility in Tompkins County. In addition, as in our existing ALP facilities our building will mimic a 'Town Square" Atmosphere, allowing for potential residents who are in need of ALP services to live in a beautifully designed, modem, non-institutional setting with many amenities including: Ice Cream Parlor, Beauty Shop, sky lit lounges, outdoor walkways and much more. Target Pooulation: Our target population will be those residents that are currently in need of some skilled services but do not belong in a skilled setting." They will ihclude prirriarily those frail, elderly people who would otherwise be at risk of inappropriate placement in a Nursing Home. As in our existing ALP's we will seek to serve those residents who need more personal care and assistance than can be provided in a typical adult home but are considered a low RUG score nursing home resident. It has been our experience that in many skilled nursing homes there are consistently residents whose needs could be met in a less institutional setting. These residents are our intended population to be served. ^ The Village at South Polnte Program Attachment#: 2 K page: 2 updated: 9/8/2007 Relationships to other providers and services: It is expected that our referrals will come from a range of different sources. After discussions with County officials and Tompkins County "single point of entry" patient coordinator, Liz Norton it is evident that the "single point of entry" system will be a significant referral source. In addition. Cayuga Medical Center (Ithaca's only hospital) will provide an additional referral source. Surrounding skilled nursing homes will provide referrals for those residents who would benefit from an Assisted Living placement verses skilled nursing home placement As in our existing ALP facilities, the Village at South Pointe will have transfer contracts in place with all surrounding skilled nursing homes to provide for a smooth transition to a skilled nursing home when needed. In addition, area skilled nursing homes including Groton Community Health Center, Kendall at Ithaca, Lakeside Nursing Home, Beechtree Care Center and Oak Hill Manor collectively seek to discharge low scoring RUG category residents to our ALP. Currently we are working to nurture relationships with the aforementioned Long Term Care facilities. Hospital discharge planners as well as County Long Term Care Patient Coordinators. We will continue to seek and develop those important community relationships that will improve our ability to serve Tompkins County elderly population as we have in our present ALP facilities. As Operators, we recognize the importance of being an integral part of the community in which our buildings are located. Should we receive permission to operate an ALP facility in Tompkins ' County, we will strive to not only keep our residents involved in their local community, but bring the ^ the Tompkins County community into our building, (ie...having local schools, clubs, service organizations and child daycare centers be involved in our activity programming). As in our existing facilities. The Village at South Pointe's residents will have abundant opportunities to visit local parks, be involved in local events, and continue having strong ties to their community. We hold tradition in high regard and are committed to helping residents maintain social well being by encouraging participation in not only facility based activities but Ibcai community based activities as well. Additionally, our resident population will benefit from case manage management and coordination of community based services that include, but are not limited to, home care, dental care, PCP coordination, mental health (if necessary), spiritual support, and other kinds of services that may be available to any resident of Tompkins County. Proposed site: Our proposed site Is located 2 miles South of the City of Ithaca on Route 13 (Elmira Road) in the Town of Ithaca. The site is set on more than 8 acres of land and has all utilities. This site is adjacent to state owned protected land that can never be developed and offers beautiful views of the Ithaca landscape. This site is in close proximity to all that Ithaca has to offer. Ithaca has much culture and is home to one of the largest Ivy league schools in the country, Comell University. In In addition, Ithaca has become a thriving community of businesses, farming communities and academically based culture. The Village at South Pointe will active search out opportunities to become an integral part of the Ithaca Community. Proiected Time Frames for Construction. It is our intention, upon approval, to start construction in Spring of 2008 and be ready to open and operate 8-10 months there after, assuming the Department provides final approval. The Village at South Pointe Program Attachment#: 3 < updated: 9/5/2007 ^ Please see attached letters of community support. Also, please be advised that there has been considerable concern on behalf of the Tompklns County Department of Social Services and other local community organizations that there are-no ALP beds available for residents in Tompklns County. This results, In many cases, in residents having to go to a skilled nursing home when our Assisted Living Program would be able to meet their needs In a much less Institutional and less costly setting. Please see attached letters. ' ) •ENECA LAKE TERRACEOur Mission:After caring for older adults forover 25 years, Seneca LakeTerrace recognizes that everyperson has the right to a fulfillingproductive life. It is our commitment to enable every person inour community to live up to theirhighest practicable well being.We respect the dignity andindividuality of those we serve,while enriching the quality oftheir lives.icr'U'kft...Assisted Living begins with you, we provideresident-focused activities, services and careall within the home-like atmosphere of SenecaLake Terrace.Our philosophy is to incorporate residentpreference and suggestion with our wellestablished procedures to provide a highquality service that results in an exceptionallevel of satisfaction.Located in Geneva, nestled between thefingerlakes, residents of Seneca Lake Terraceare encouraged to take advantage of the parklike setting. Some community activities includecommunity walkways, state parks and wineries.Finally, Seneca Lake Terrace provides first classservice and surroundings at a reasonablemonthly rate.24 hour access to staffLicensed Nurses on staffPersonal care services; assistance withbathing, dressing and groomingNutritious, delicious meals and snacks servedrestaurant styleModern private and semi-private apartmentswith full bathroomDaily recreational programsMedication monitoringOngoing monitoring of health care needsHousekeeping and laundry services24 hour emergency call system in everyapartmentSpecially scheduled transportationand outingsBeauty salon / Barber shopIce cream parlor / cafeMemory care neighborhoodAnd much more... Private Room - 290 sq. ft.Assisted Living Community• Resident outings - shopping, picnics,movies, scenic rides, etc...• Wellness Program - resident exercises, healtheducation• Community interaction• Weekly ice cream socials and happy hourswith entertainment• In-house religious services• Special events□On^^Seneca Lake Terrace...A Lifestyle of Wellness,A Tradition of Excellences^Deluxe Suite - 380 sq. ft.\Deluxe Private - 450 sq. ft.Seneca, Lake Terrace3670 PreEmption Road (County RD #6)Geneva, New York 14456Phone: (315) 789-4162Fax: (315) 781-1494Website: www.senecalaketerrace.com / s 01/97/2008 TOWN BOARD MEETING ^ - ATTACHMENT if 7 ^611(33 # 1 5 Planning Department Memorandum To: Town Board Members From: Susan Ritter, Assistant Director of Planning j)? Date: January 2, 2008 Re: Scenic Resource Committee Report & Presentation Enclosed please find the Scenic Resource Committee's report Ssving Ithsce's Views, along with an accompanying summary cover memo from the Conservation Board. Saving Ithaca's Views was produced by members of the Scenic Resource Committee, a longstanding committee of the Conservation Board. The report provides background information on the committee's work to date, including the inventorying and evaluation of scenic views in the town, and a list of recommended actions for protecting these views. The committee is looking for input from Town Board members, including comments on the report itself, its recommendations, and especially for guidance on what Board members see as next steps in the process. The Scenic Resource Committee will be providing a presentation to the Town Board at the January 7^^ meeting. The presentation is intended to help summarize the key elements of the report, and to facilitate discussion with the Board. Enc. ^ To: Ithaca Town Board ; \ From: The Town of Ithaca Conservation Board ^ Re: Findings and recommendations for "Saving Ithaca's Views," here presented in Executive Summary, and attached in full Date: November 1, 2007 Dear Sirs and Madams: We hereby accept, recommend and present to you the attached report from our Scenic Resources Committee (SRC). We trust you will read this report in full, but summarize here its main points. "Saving Ithaca's Views" provides in-depth background on the efforts of our SRC to research, catalogue and evaluate our town's scenic beauty. We have identified the most important views in the Town and prepared specific strategies to save them. Whereas • Town of Ithaca residents have in repeated surveys confirmed that saving views is important to them; • the Town's Comprehensive Plan and Open Space Plan both call for the preservation of scenic areas; • a comprehensive program of view protection coupled with a strong program of land conservation can ensure long-range preservation of the Town's environment; • poorly located buildings cause lasting harm to the quality of views; • improperly maintained woodlots can obstruct important views; • the Town's Comprehensive Plan is currently under review; • we believe the time is right to take some important action. Therefore, to preserve our treasured scenic resources, we recommend that the Town of Ithaca take such steps as: • incorporate our list of best views, most in need of conservation, into the revised Town ^ ^ Comprehensive Plan; ^ • establish a Natural Heritage Program to outline the use of funds for purchasing development rights and view easements; • develop a Town Tree Ordinance to conserve important trees, and clear other trees when they obscure scenic views; • arrange a cooperative relationship with agricultural interests in the Town to conserve open space affording beautiful views; • construct a few road-side pull-offs, near the Pine Tree and Snyder Hill Road intersection for example, to facilitate view enjoyment by motorists, cyclists and walkers; • make immediate progress toward an interconnected Town trail system to reduce use of automobiles for scenic enjoyment; • cooperate with neighboring jurisdictions to save important views; • purchase or negotiate a view easement to protect the long view from the Danby Road; • require building permit applicants to identify specific trees and woodlots that are to be preserved during and after construction; • require vigorous on-site reviews of construction projects by Town staff or their designees to ensure preservation of scenic resources; • encourage approval of variances to existing ordinance when this enhances or preserves the Town's scenic resources; • elicit public feedback to "Saving Ithaca's Views" via the Town's website and printed copies available at Town Hall. We encourage the Town Board to respond to the attached SRC report, and look forward to a cooperative and continued engagement between the Town Board and Conservation Board in the many actions "Saving Ithaca's Views" recommends. Together, we hope to save views from roads, parks, and other public spaces. ^ \ Respectfully submitted. The Town of Ithaca Conservation Board Attached: "Saving Ithaca's Views" i \ I t \ \ Saving Ithaca's Views In the early 1990s, the Town of Ithaca Conservation Advisory Council (the CAC, now the Conservation Board) became concerned about losing some of the magnificent scenic views we enjoy around the Ithaca area. We had seen some attractive landscape disappearing, or being seriously damaged by thoughtless construction, poorly placed plantings or abandoned open land and overgrown farm fields. Imagine how one misplaced building could spoil a scenic vista. A panoramic view, which brought pleasure to people driving along a certain stretch of road, which made them smile when sunlight hit a colorful hillside in the fall, or when it was covered with glittering snow in winter, could be ruined by that building wrongly sited. We had seen this happen, and we wanted to keep it from happening again in Ithaca. We recognized that our scenic views, especially those seen from roads, parks and other public places, are great assets to the community. They are valuable to the local residents, who see them all the time, as well as to visitors and tourists, who often come here because they are attracted to the natural beauty of the Town and surrounding area. The Town of Ithaca Residents Survey, sponsored by the Town Board's Comprehensive Planning Committee in 1990 to help determine what Ithacans liked about living here, provided a basis of public opinion for the Comprehensive Plan completed in 1993. The survey showed that Town residents valued the scenic beauty around them. This encouraged the CAC to form a committee (now called the Scenic Resources Committee: SRC) to consider the importance of views. Since 1991, the SRC has tried to identify the most special views and to photograph, describe, map and document them. We have done surveys to discover what others thought were the best views. We have learned how to rate views valued differently by different people and how to protect such views. We have worked long enough now to be able to identify the most valued of our views, and to recommend Town action to preserve them. Appreciating a view may be subjective, but such enjoyment can still be evaluated and such evaluations ranked. To conserve our scenic resources, we need to do all we can to identify and to preserve the best of them. Toward this end, we are reporting the location and character of the best viewing points in the Town, and identifying the most beautiful areas viewed from such viewpoints, with special concern for preserving those areas most in need of protection. The Town of Ithaca's Park, Recreation and Open Space Plan, adopted by the Town Board in December, 1997, recognized the need to "establish a coordinated program to preserve environmentally sensitive land and important scenic areas in the Town of Ithaca." As enjoyment of the Town's scenic beauty is a form of recreation, it is not surprising that we should wish to reaffirm many of the objectives identified in this Plan ten years ago. We especially ^ N commend that Plan's intent to "improve the environment and preserve and protect it from degradation" (pg. 1). Now that the Town recognizes the need to update its old Comprehensive Plan, we should take the advice of New York State's Department of State's Counsel's Office: its 1 Legal Memorandum LU09 explains that a Comprehensive Plan "must be viewed as a tool which can provide the venue and the process for identifying how people in a community want to live, ^ ^ what is important to their lives and what natural and built environments bring the 'sense of place' ^ people crave." In order to identify the best views, the SRC has compiled an inventory of photographs of them, and ranked them by a system that puts the most priority on conserving views that are both readily accessible to the public at present, and yet could be obscured, spoiled, or otherwise put at risk by future development. We recognize, for example, that views of Buttermilk Falls are tremendously important; but the State Park in which they are found can be trusted to preserve them, and so they are not included in our inventory. A view from Route 968 at a prime location now provided a pull-off parking spot by the State Department of Transportation, on the other hand, has already been partially obscured by the construction of the Longview nursing home. The remaining spectacular view of Cayuga Lake and is still at risk of further obstruction if the business on this property were to put tall buildings in the wrong place. How has the SRC decided which of the Town of Ithaca's views need saving? To compile our inventory of scenic views, the SRC has photographed them, mostly from the rights of way on public roadsides, in all seasons and in differing weather, and f filed them by location on a Town of Ithaca grid map. These views were then ranked by criteria , ^ we believe should prioritize the views most worth preserving by a specific or readily-applied Town action. Views that the Town should be most concerned with saving would score highest in these five categories: Magnitude, Distinctiveness, Quality, Appeal, and Opportunity (see Appendix A). For each category, SRC members ranked the views either 3,2, or 1. By "Magnitude," we found a pedestrian and vehicular view to be enjoyed by either many (3), or few (1) people. The "Distinctiveness" of a view could represent either a natural or manmade feature, such as a college tower or lake or waterfall; a 3 would signify it was recognizable and unique to the Town of Ithaca, while a 1 might represent a fine view common to any place anywhere. The "Quality" of a view ranked it as to whether it was pristine or somehow damaged, a 3 identifying the view as intact, with clear ridge-lines, cross-valley vistas, contrasting open spaces and woods or interior views of streams, rocks, and trees. A 3 meant there was noteworthy seasonal variation, with the view enhanced by changes in foliage or precipitation, and with no or very limited detractions. A 1 vote for "Quality" meant the view was disturbed, as for example by noise, odors, traffic, mining, power transmission lines, or any unattractive development or obstruction. For evaluating the "Appeal" of a view, we considered what we also called "The wow Factor": a 3 vote here recognized that the viewer might, in awe, have to say "Wow!" at ^ such views. A 3, or Big Wow View, would highlight natural features as well as landmark n ^ structures. Such views attract tourists, residents and newcomers to the Town, and enhance local economic development. A view scoring only 1 for Appeal would not have such big impact, ' ^ though it still might be charming in a small way. The fifth and final factor, "Opportunity," was intended to rank the ease of protecting a view: a 3 vote here meant that it would not be hard for the Town to protect it. If a view could be conserved by easily performed actions, such as by the careful placement of pull-offs, parks or viewing platforms and educational signage, or by the removal of obstructions such as overgrown brush or junk trees, which could be trimmed to recover a view, then that view rated a 3. A 1 here would recognize the difficulty of preserving or recovering a view. Once all the scenic views in the SRC inventory had been ranked, we revisited the top-scoring views as a group to verify whether they merited such high scores. A few sites were reconsidered, but the SRC eventually agreed on a Top Ten list of places from which the best Town of Ithaca views, most in need of conservation, could be seen. These Top Ten views were presented to the public in the April 2007 Town of Ithaca Newsletter (see Appendix B), as well as in an exhibit on display in the Town Hall lobby during the months of April and May, 2007. Public feedback was requested in the newsletter, by ballot forms (see Appendix C) in the lobby, and on the internet at the Town's web-site. Visitors to the Town Hall were offered a "Tour the Town Views Map to Scenic Locations" (see Appendix D), with a suggested travel route that interested tourists could take that would lead them through all ten of the Top Ten view sites. Though the 25 residents' responses we received was not large enough to be considered a statistically representative sample of Town opinion, we include here a compilation of that feedback (in Appendix E) to indicate how these individuals supported our project. t \ \ While these last stages of the SRC project were going on, the Tompkins County Planning Department was completing its own Scenic Resources Evaluation, "developing a list of the most valued scenic resources in the county." Several SRC members attended public meetings of the County's project in June and September of 2006, where we found several of the views we had deemed most important were also included. We noted, however, that the County evaluation depended more on aesthetic criteria, and made no attempt to rank views as to whether or not they actually needed preservation. The park views in the County inventory are not included in ours because we do not believe they need any further action for protecting them. We note in this regard, however, that future developments in the Town might eventually change the conditions around currently protected views so much that they could some day need protective action to prevent such unforeseen misfortune. To keep up with such potential development, as well as to continue the Conservation Board's efforts to protect scenic resources, the SRC will continue to meet periodically to determine what could best be done next to save views. As we reviewed the sites where scenery deserved conserving, we realized that several of the areas in the views themselves were in need of preservation. There would be no reason to look out from the Top Ten sites if the land seen from there were not worth looking at. These open spaces, some of them in Unique Natural Areas and Conservation Zones, are identified as four general areas: one on West Hill above Taughannock Blvd. (Rte. 89) in the Lake Slopes and Indian Creek Conservation Zone as seen from Cayuga Lake and East Shore Park, two on the northwest and southeast slopes of the Inlet Valley as seen from Sandbank and Bostwick Roads, and another on the northeast side of South Hill as seen from various spots on ^ y Slaterville Road and East Hill (see Appendix F part 1 map, shaded green "Scenic areas: ' ^ important for being viewed from near and far locations"). These areas are now beautifully wooded hillsides, valued Town sights in all seasons and weathers (most recently viewed on a June 29, 2007 SRC field trip, to more accurately outline them for the map in Appendix F; these outlines to be more exactly surveyed as the Town requires), and most deserve concerted Town efforts to keep at least the majority of their woods intact. While the ranking of the Top Ten View sites (see locations and sample photos in Appendix F) and the four open spaces most important for being viewed from such sites is intended to prioritize particular resources most in need of conservation, the SRC would not want to imply that the many other scenic resources it has inventoried in the Town are not of sufficient value to merit conserving as well. Rather we would have the complete and thorough inventory kept current and regularly re-evaluated to be sure that changing conditions are kept under constant consideration and review. Perhaps readers of this present report, who consider the complete Scenic Resources Inventory (Appendix G) of all views we've recognized, will be able to bring to our attention a missed view or preferred priority for keeping Ithaca gorgeous. Having identified the scenic resources in need of conservation, the SRC would also like to report some strategies it has considered for preserving such valued views. Most importantly, the updated Comprehensive Plan should recognize the views ^ ^ we've identified and the need to protect them as crucial to our sense of what's best about our Town. We urge the Town to purchase or negotiate a view easement for the area north of the Danby Road pull-off next to Longview, as recommended in the 1997 Open Space Plan (p. 16). As Alterra and Longview own land near two of the ten best view points, we should negotiate cooperative arrangements with them recognizing the public good of access to viewing positions both on roads near them and on the right of way at roadside through their properties. In a more general sense, when certain lands providing scenic views become available for the town to acquire, a well-formulated Natural Heritage Program should outline the use of funds available for purchasing development rights or other such easements to protect the scenic views afforded by such lands. When scenic areas full of beautiful woods are threatened by inappropriate development, a Town Tree Ordinance should conserve those trees needed both for the health of our ecosystem as well as for the public appreciation of the views they provide. The view of West Hill seen from the Town's East Shore Park, for example, would not be very scenic if all the trees in the new Lake Slopes and Indian Creek Conservation Zone were removed for new home construction. Even some limited clearing of land in such scenic areas could spoil a view, and ^ the Town Planning Board should be empowered to preserve scenic views in site plan reviews / i and to seek new opportunities for opening up important viewpoints from which fine scenes could ^ ^ be seen. As many of our best views depend on open fields keeping sight-lines clear, we should cooperate with agricultural interests in order to preserve open space in agricultural lands. The great views from Pine Tree Road, for example, require open fields for distant hills to remain visible. The Cayuga Lake shore along Route 34 just north of East Shore Park needs to be clear for the present panoramic scene; a spectacular view from Westhaven Preserve is now visible only in winter, as brush has grown up to obscure it. A town plan cooperating with land owners to mow fields and clear brush that grows up to obscure certain best views would assure that they remain to be enjoyed. For five of the Town's best views, two of which already have parking areas, the construction of simple road-side pull-offs, with a picnic table, perhaps a viewing platform or gazebo, and signage identifying distant landmarks, would recognize the importance of these viewpoints and enhance view appreciation and public awareness of such places. The new Shirley Raffensberger gazebo in the East Hill Preserve is an excellent example of a modest Town construction establishing a small landmark as proof of the excellence of the view to be found there. Signage at the Danby and East Shore parking areas, if they find public favor, could be followed by similar interpretive signs at roadside pull-offs along Pine Tree Rd across from the , ^ Snyder Hill Rd intersection, along Mecklenburg Rd near the EcoVillage bus stop, and along \ Trumansburg Rd between Alterra and PRI. Signs such as those at Buttermilk Falls and Taughannock Park help educate the public and enhance their appreciation of scenic qualities; a few such scenic interpretive signs strategically placed at the Town's best viewpoints could be similarly effective. So that the public need not rely exclusively on the use of automobiles for the enjoyment of views, the Town should complete its trail system, both to allow access by foot and bicycle paths to important viewpoints, as well as traversing the most important areas viewed. The Town should encourage development of the Black Diamond trail. The Pine Tree walkway and Pew Trail have this summer been connected to the East Ithaca Recreation Way and a new TCAT bus shelter; such interconnection allows walkers, hikers and bicyclists access to many great views from East Hill. Wherever possible, Town Parks (as well as State Parks, Cornell University Plantations and Ithaca College Natural Areas) should be accessible, or even connected, by multi-use recreational trails. The State's Scenic Byway ought to be tied in to such trails. The trails through Westhaven Preserve should be linked to EcoVillage and Bostwick Road's views. Not all such trails need to be paved, either. Low-impact narrow footpaths, such as those of the Finger Lakes Trail system, should be promoted, too. The Town's Transportation Plan recognizes the need to provide for pedestrian and bicycle traffic, and should be applied in connecting scenic view-ways to non-motorized corridors as well. \* N The Town should also do its best to coordinate with all involved governmental and institutional bodies to preserve views not entirely under Town jurisdiction. The view of Cayuga Lake seen by traffic descending Route 13 through Cayuga Heights and the Town of Ithaca and ' into the City of Ithaca should not be neglected just because the municipal boundaries along that ^ view-way are so complicated. Some brush cutting and tree removal in a few spots along this ' ' way would reopen a spectacular view being lost to recent plant growth. Cooperation with Cornell University Plantations' Open Areas Committee might help preserve such open field habitat as that affording the Pine Tree Road view. Ithaca College's Natural Lands Committee might also welcome an opportunity for administrative cooperation where Town views intersect with college property. We hope that the Town Planning Board will incorporate the list of top ranked scenic views into its updated Comprehensive Plan. We want the Planning Board to use our list in project planning and review activities when these views are impinged upon or could be improved. Whether a proposed building is in a viewed area or perhaps obstructing the sight- lines from an important viewpoint, criteria for evaluating development should require visual assessment in a scenic context. Balloon tests at building sites identified by the Environmental Review Committee should ensure that our best views are not harmed. Careful analysis of photographic and computer-generated simulations of view impacts could also help protect views. On ridge lines and other sensitive view areas, building heights and roof colors should be regulated. For adequate review during site visits, all plans for blasting, cut and fill volumes, height and depths of retaining walls should be clearly disclosed. \ Sites for proposed construction should have clearly delineated areas where cutting and clearing trees is allowed, distinguished from areas where woods must be conserved, with individually identified trees marked for preservation when needed to maintain and to enhance the best views. Landscaping plans should specify the appropriate tree species for planting to buffer unsightly construction and to avoid blocking scenic vistas. The recent preservation of selected trees along Ellis Hollow Road during the Rite Aid development that replaced Ide's Bowling Lanes can serve as example of tree conservation practiced to good effect. The Museum of the Earth is an excellent model of scenically-sensitive development for future construction to emulate. When feasible, major transmission lines and communication wires should be buried; utility and communications companies should know that Ithaca values its views. Road and building signs should be located and sized to harmonize with views. Night views should be protected by careful application of the new lighting ordinance. During the construction of new development. Town building inspectors should conduct vigorous on-site supervision to be sure that sensitive terrain and scenic locales are preserved. Their work should take care to verify which trees are to be kept healthy before any site work is done, as well as the maintenance of storm run-off silt barriers and all other required environmental conservation practices. Under the State Environmental Quality Review Act (SEQR), the Town Planning Board has the authority to specify deed restrictions (rather than resolutions) to prevent the improper cutting of trees in sensitive areas such as a Unique Natural ( "4 Area (UNA). As we promote excellence in construction design, so should we avoid visually offensive mistakes such as large buildings which block cross-valley views, or homes which scar / Conservation Zones (CZ), such as those built on bulldozed woods in the Six Mile Greek and ' ^ Lake Slopes CZs. In areas of particular beauty such as Forest Home, design criteria should be developed to reflect neighborhood character and ensure that new construction fits in. The History Center and Town historians should be encouraged to identify and to map significant cultural and historic resources which would complement scenic views. As ordinances are developed to protect views, so should variances from established laws be allowed whenever such variances protect scenic views. For example, a building might be allowed further downhill, closer to a property boundary than usually allowed, if such siting could keep a good view open. By vigorously seeking, encouraging, and supporting all initiatives to protect and to enhance the scenic qualities of the Town of Ithaca, the Scenic Resources Committee hopes to establish a sense of place that we can continue to enjoy. To be sure that we agree with our fellow Town residents, this report should be published in a form easily accessible to this public and in a format inviting and welcoming feedback and revision. It should be posted on the Town's website, with hard copies available at Town Hall. The advice and opinion herein can only be incorporated into the Town's Comprehensive Plan to the extent that it is recognized as presenting a shared public sense of community. If these views—scenic as well as political— represent the Town of Ithaca we know and love, then let us do all we can to conserve them. Respectfully submitted by the Scenic Resources Committee to the Town of Ithaca Conservation Board, October 2007, and to the Town Board upon Conservation Board consideration, revision, and approval on November 1, 2007. f \ Appendix A: View Evaluation Criteria for Ranking Top Views Appendix B: April 2007 Town Newsletter insert seeking public input Appendix C: Ballot form handout for feedback to Spring 2007 display (also on Town website) Appendix D: "Tour the Town Views Map" handout at Town Hall display; this map of "Scenic Locations" has a touring route connecting the Ten Best Views described on its back Appendix E: Compiled public feedback to SRC survey Appendix F: Scenic resources inventory in two parts: 1) map of scenic areas, top view-ways and photo locations; 2) thumbnail photos of ten "top ranked views" with narrative captions Appendix G: Complete SRC inventory in two parts: 1) grid map identifying photo location and orientation by season; 2) complete views list (views cross-referenced to numbered grid with brief text caption) \ ( \ Appendix A Criteria for Ranking Scenic Views FACTORS RATING SCALES Magnitude 3 Hiohiv Expressed - 1 Low Includes pedestrian and vehicular views available to many people Distinctiveness 3 Distinct - 1 Common Natural or manmade, i.e. Buttermilk Falls or Ithaca Towers Recognizability, different from other areas Qualitv 3 Intact - 1 Disturbed Intactness Noteworthy seasonal variation (Obscures negative components or adds attractiveness) Limited factors that detract (noise, odors, traffic, mining, unattractive structures) Appeal - The WOW factor 3 Bio - 1 Little Includes natural features as well as structural landmarks Attracts tourists and new residents for community economic enhancement Opportunitv (Ease of Protection) 3 Easv - 1 Difficult Still can be protected (limit development) or enhanced (develop or recover a view point); Obstruction(s) can be removed (trim trees) Public Value and Preference 3 Hioh - 1 Low Use to prioritize resources that have made the list Appendix B f ^Town Conservation Board Seeks Public Input for Scenic View Preservation * > » 1 The Scenic Resources Committee (SRC) of the Town of Ithaca Conservation Board asks Town residents to help us preserve the beautiful scenery surrounding us. For several years, this committee has been compiling, analyzing, and evaluating an inventory of views seen from roads, parks, and other public places. Now we are finalizing recom mendations to the Town Board on the best of the many scenes and how they might be preserved and maintained. Of the dozens of scenic views we considered, we prioritized views most in need of protection, by ranking them according to five criteria: 1) The number of people who could regularly enjoy them; 2) Their distinctive and recognizably Ithacan quality, unique to our Town; 3) The aesthetic quality of their attractive fea tures; 4) The "wow" factor, or magnitude of their ap- peal; 5) The ease and feasibility of protecting and main taining these views. Please visit the Town Hall lobby by May 15th to see our exhibit of the Top Ranked Views of Ithaca or visit our website at www.town.ithaca.nv.us/ scenicviews.htm. Learn about our ranking process. Share your ideas. We need your help! Have we missed any great public views? What is most important to you? • Sweeping vistas? • Cayuga Lake? • Woods or open fields? How should we preserve these special views? • Promote scenically sensitive development? • Purchase development rights? • Keep open spaces clear to protect views? Pick up a Views Map so you can visit the sites we've selected. While photos suggest the beauty of Views Map rJ 11*7^^ "P. Photo B Hfinsjs Vlltigaof C»uo«H«ights Cltyof llhaca ^•wic Photo . ButtBrrrtlK / Falls » Slate Park RTremai State TBimoroaaftr ToMf? or Ne Stars (★) indicate important scenic view points. See back of this insert for Photos A, B, C, and D. This map highlights the views selected for your review. A detailed copy of this map is part of the photo exhibit in our Town Hall lobby where you can leam more about this SRC project. We invite you to visit the exhibit, as well as the view locations themselves, and to provide us your reactions before May 15th via mail, phone or email at: 1) Conservation Board, 215 N. Tioga Street, Ithaca, NY 14850; or 2) Phone Susan Ritter at the Planning Department at 273-1747; or 3) Email to: scenicviews@town.ithaca.ny.us Your suggestions can also be submitted directly from our website at: www.town.ithaca.nv.us/scenicviews.htm Appendix B Page 2 A Sampling of Scenic Views in the Town of Ithaca This northern edge of lakeside panorama is viewed from a small park offering the Town's only public ac cess to Cayuga Lake. Over the far horizon, beyond typical private lakeside development, a smoke plume marks the coal-powered electric plant in Lansing. (Photo B) \ This view of Williams Glen falls shows one of seven small creek gorges in the area of Taughannock Boule vard (State Route 89). The Town has recently re- zoned this area to a Conservation Zone. State Route 89 is an important part of the Cayuga Lake Scenic By way. (Map Photo A) "t . r\ East Hill's best views south and west can be seen along Pine Tree Road, over the large open field across from the Snyder Hill Road intersection and from between Cornell structures. The views can also be enjoyed while driving west down Snyder Hill Road, and especially while waiting at the stop sign, where it joins Pine Tree Road. The Pine Tree Road walkway allows pedestrians to really savor these views along its length. (Photo C) Bostwick Road affords many views like this, with farm fields in the foreground and a complex horizon, where the western slope of South Hill, smoothed by glacial ac tion, contrasts with more rugged hills further out Inlet Valley. (Photo D) To see more such views visit the display in the lobby of Town Hal! through May 15th. Have we missed a terrific view? Please let us know! Appendix C f \ ' The Scenic Resources Committee Needs Your Opinion. 1. Which are your favorite views of our top 10? Why? Have we missed a great public view in the Town of Ithaca that needs protection? If so, describe and give location. Which are the best ways to protect special views? Promote public recognition and appreciation of important scenic landscapes and views. Locate new parks in areas with scenic views. Encourage sensitive placement, design, and construction techniques of buildings and plantings (discretionary). Require scenically sensitive development through legislation or zoning (mandatory). ( N Use tax dollars to purchase development rights or scenic easements. Do nothing Other - please describe. 4. Other suggestions or questions: Name and contact Information If you would like us to contact you with further Information. Appendix D f s t s TOUR THE TOWN Views Map to Scenic Locations See reverse side for a Scenic Views information guide. irfftPF' n TownWof Ithaca Village_Qnsn§i Cayuga Village of Cayuga Heights r„ ff hanshAWRD _HAYTSRD S BUNDY RD MECKLENBUR thaca BUEFALO w r.i INTON POOLE_RD pSTH^/ Buttermilk Falls w/ State Park ^ Town of Ithaca 0.8 Mies\ Townofuanby Robert H. Tremar(96 State Parl Town of Ithaca Town of NewTield Produced 3/28/07 Suggested Travel Route for Viewing r\j Scenic View Ways Photo location & direction information provided by the Scenic Resources Committee of the Town of Ithaca Conservation Board Appendix 0 Page 2 Tour of the Town's Ten Top Scenic Locations You can start this tour of the Town of Ithaca's best scenes anywhere. If you start on Cayuga Lake's Scenic Byway heading north from the City of Ithaca's Cass Park on Rte. 89, you may see from Point 1 onward seven ^ ^ small gorges descending from a conservation zone on the west. These little creeks, emerging from old culverts ' ^ under the former Lehigh Valley Railroad, come splashing down bedrock shale north of Cass Park and the Hangar Theatre. There is a plan to develop the railroad bed into the Black Diamond multi-use recreational trail, and to preserve this wooded Unique Natural Area. You may notice some recent construction has cleared a once-wooded lot here. By looping around Glenwood Heights Rd. and Duboise Rd. in Ulysses, return to Ithaca heading south on Rte. 96 to see from Point 2 a fine view of East Hill above Cayuga Lake beyond a complex of 1930s Collegiate Gothic structures on your left. Note how well the new Museum of the Earth unobtrusively fits into this view. A right turn up Bundy Rd., then right again on Hopkins Rd. and left on Hayts Rd. will take you up to Sheffield Rd. on the Enfield/Town of Ithaca border with many views. The panoramic view from the Genex Coop entrance off Sheffield Rd. is long and wide. A left on Rte. 79 heading east will bring you a view of the steep descent to the lake as farm fields along the road give way to city sights. The bus stop at the corner of Rachel Carson Way near Point 3 offers an especially good view of the Cornell University campus against the backdrop of the Dryden headlands. Taking a right on West Haven Rd. before the City line, you will pass near the undeveloped Westhaven Preserve, a new town park with views from Point 4 of Ithaca College's campus on South Hill across the Cayuga Inlet valley. Clearing trees and brush in selected parts of this preserve would open up space for better scenic viewing. Heading right, back uphill on Elm St. Extension and Poole Rd. to a left heading south on Sheffield Road again, there are several great long views from the heights of West Hill over the lake valley to the hills and valleys in the east, as seen from Point 5. / > f ) Taking a left east on Bostwick Rd., brings you to the many long and complex views like Point 6 from Bostwick Road, over farm fields in the foreground to a distant horizon to the south and east made of various slopes and edges of hills across South Hill, smoothed by glacial erosion. You'll see more rugged hills and spurs further out Inlet Valley into Newfield and Danby. A right turn on Rte. ISA, and then left on 13, brings you across the valley bottom to Sand Bank Rd. in Buttermilk Falls State Park, which gets you back up to great views like Point 7 from the side of South Hill facing the side of West Hill you just left. Sandbank Rd. offers alternating views across Inlet Valley, from wide- open panoramas to intimate forest. A left on West King Rd. crosses more State Park territory, but the huge long view of Cayuga Lake on Rte. 96B is so impressive that the State Department of Transportation has built a small parking lot pulloff at Point 8, just above a nursing home named Longview for the scene from here. The construction of Longview has impinged on a spectacular view to the west. A viewshed easement could protect the remaining view. Perhaps other pulloffs should provide roadside parking at a few more of these Best View Points? Similar long views of Cayuga to the north can be seen from the Ithaca college campus, from South Hill Elementary School, and from Troy Rd. near the Eldridge Wilderness. Heading east on East King Rd. and across Coddington to Burns Rd. brings you down South Hill across the Six Mile Creek Valley. Taking a left to the west on Rte. 79, and then north to the right up Pine Tree Rd., brings you to one of the best panoramic views of South and West Hills from Point 9 and the Pine Tree Walkway on East Hill, south of East Hill Plaza. Heading north from here along East Hill brings you down and up across the Cascadilla Creek and Fall Creek f s valleys, through Cornell's east campus. Forest Home, and the villages of Lansing and Cayuga Heights, with ^ many pretty intimate views of Judd Falls and Fall Creek as you cross bridges over these creeks. We'd like to leave you at East Shore Park on Rte. 34, also part of Cayuga Lake's Scenic Byway, where you can find our Town's only public access to Cayuga Lake and a grand wide lakeside panorama from Point 10. Appendix E Summary of Scenic Resource Survey fas of 6/11/07^ Favorite Views Scenic View Total Votes 1 Taughannock Blvd waterfalls 7 2 Trumansburg Rd. Odd Fellows complex 7 3 Mecklenburg Rd - view toward city & distant forested hills 3 4 Westhaven Preserve 2 5 Sheffield Rd - view of near city & distant forested hills 2 6 Bostwick Rd.- undeveloped fields and forested hills 6 7 Sandbank Rd - undeveloped fields, forested hills, w/ sparse development 2 8 Danby Rd - panoramic view of C. lake valley with lake & forested hill slopes 9 9 Pine Tree Rd. - Ithaca College & forested hills 4 IDE. Shore Drive - near lakeshore lake view 8 ( \ "Why" are these vour favorite views - comments received: - Open views of undeveloped hills and areas best; - Only unadorned (undeveloped) view (chose) #6; - Distant hills on Bostwick (#6); - Harvey Hill Rd Enfield; -1 support this "view" (#10) the most because I think preserving public access to the lake is important; - The following comment suggests person intended to vote for #9, comments as foiiows: I live at the edge of this property so I am biased, but what I love about it is the way people slow down to see the sunset, dramatic clouds, or herds of deer appearing suddenly on their way home, the numbers of people who come sit here for a free view of the fireworks on the 4th of July, or just pull over to look at the gazillion fireflies on a summer evening. Those who stop to see deer may see the red tailed hawk hovering, a fox, even a coyote. It is Cornell's best offering as a gateway view along its entrance from the east/NYC (and 10 benefits as the focal point!); - The sweeping vistas. Next would be woods and fields, and third the lake; - I like #2 best of all - not so much because of the view, but because I like looking across the lake from East Hill towards the open fields and farms around the Odd Fellows home. - #8, #10 and #3 have the panoramic qualities that take your breath away, and that I always linger to enjoy, every time I see them, and I've lived here 27 years! #1 is also very much "Ithaca" but there are other similar views in our area. - All of them - Why not? Most are gone already. - Of #8, see it all the time, not of Cornell. - Of #1, it's intimate, cooling and relaxing. - Of #6 and #3, open space - farm fields. - Of #5, broad horizon. - Regarding #9 and #1, a belated thanks for the photographs. The view I know best is the one from East Hill, because I live in the area and see it daily, it is beautiful in every season and in any kind of weather, even if there's no "view". #1 Cayuga Lake looks lovely doesn't it. But it is largely inaccessible because of "typical private lakeside development" as you politely phrase it. The lake is effectively off limits. (Added 9 and 1 to the list, assuming these are being voted on.) "Missed views" - comments received: - Hanshaw Road/near Dryden line (open fields and woods); - None; - Westhill as seen from Route 13; - From the trail on the north side of Six Mile Creek there's a place which is high up overlooking the lake above one of the dams - it is totally wild, awesome!; Appendix E Page 2 ^ f \ \ - The panoramic view form Sunset Park in the Village of Cayuga Heights is fantastic. Unfortunately, the views are increasingly obscured and disturbed by rapid growth of weed/scrub brush and trees particularly to the north. - Sunset Park in Cayuga heights has great views of open farms - but again it is because of the unspoiled scenery on West Hill. West Hill should have carefully controlled development. - Buttermilk - Near the Stewart Avenue bridge. - All of them - Why not? Most are gone already. - Yes, everyone - everywhere, why leave any out? The view from house is really great!! - Must be a great corn field somewhere! - From west end of Poole Road looking east, focused on distance by tunnel of trees. - No, perfect! - Hillside and ridge above Route 13 as seen from the stretch near the Kmart parking lot, this area is beautiful and changes color with the season. The following were submitted from one respondent whose computer did not allow him to interface with the Town's website, so he provided the following list as recommended scenic viewsheds: - View northeast and northwest along and across Fall Creek from Forest Home Drive, east of - - Forest Home in the Flatrock area - Views up and downstream from the upstream bridge in Forest Home - Views up and downstream from the downstream bridge in Forest Home (The best views are upstream from the upstream bridge, and downstream from the downstream bridge, the side that the walkways are on.) - View of waterfall behind the Byway. You get just a glimpse of this from Forest Home Drive when heading east into Forest Home, between Mclntyre Place and the Byway. It's also mostly a seasonal view, blocked by leaves during the summer. Perhaps some limited, sensitive trimming of • one or two branches might open this up for year- round viewing. I think the Plantations has done ^ some trimming here in the past. ' n ~ Views of and across Beebe Lake from Forest Home Drive, particularly from Plantations' little overlook at the intersection of Forest Home Drive and Plantations Road. Note that this view could be improved by planting trees on the far slope to screen the view of Helen Newman Hall. - View northeast from Greenhouse Overlook on Plantations Road. This view has been obstructed recently by trees growing on the slope. - - View southwest across the Warren Farm from Hanshaw Road west of Sapsucker Woods Road to Ithaca's South and West Hills ~ View southeast across the Warren Farm from Hanshaw Road near Sapsucker Woods Road to the hills of Dryden and Caroline - View east from Game Farm Road between Rte 366 and Stevenson Rd across the Game Farm to the hills of Dryden ~ View northwest across the Southside Farm from near the Game Farm Rd/Ellis Hollow Rd intersection. Views are from both Game Farm and Ellis Hollow. ~ View northeast across the Southside Farm from Ellis Hollow Road toward the hills of Dryden ~ View from the top of Hungerford Hill ~ View east from Rte 79 West, just as you crest the hill and a breathtaking vista of Ithaca opens up before you ~ View from Sunset Park in Cayuga Heights ~ As I recall. Burns Road has some scenic views, but I don't have any specific information on that ~ I seem to remember that Bostwick Road has some striking views, but again, I don't have specifics on this ~ The Culver Road corridor is nice - The view from Rte 13 in the Village of Cayuga Heights of Cayuga Lake and West Hill is great. Unfortunately, the view of Rte 13 from Cayuga Lake and West Hill is ugly. ^ In addition, the Forest Home community, the Plantations and State Parks are all scenic areas. f Appendix E Page 3 Ways to Protect Total Votes Promote public recognition and appreciation of views/landscapes 13 Locate new parks in areas with scenic views 11 Encourage sensitive placement...8 Require scenically sensitive development through regulation 11 Use tax dollars to purchase ...9+2 maybes Do Nothing 0 Other 6 One respondent provided a ranking for the protection mechanisms: 1 - use tax dollars, 2 - promote public recognition, 3- locate new parks in areas with scenic views, 4- require scenically sensitive development. "Other suggestions/questions" - comments received: - Implement design standards; - stop allowing mass production of factory built homes in areas that are beautiful to look at undeveloped; - develop turnoffs to allow people to stop off-road and enjoy the view- provide signage for scenic view & parking ahead; - voted for using tax dollars but only if reasonable and easy, like for a picnic area by the side of the road; - From person who intended to vote for #9 - Be active in the Cornell Master Planning processing that is happening now. Be active in the Transportation Planning processes-parking lots alter a lot of views! For this view, encourage CorneH's Natural Areas committee of Cornell Plantation to continue ^ their interest in the site. The Open Areas committee is concerned with loss of open field habitat, ' and for humans, the loss of views. - On a regularly basis, clear scrub brush and tress blocking views at Sunset Park in the Village of Cayuga Heights. The growth of these weeds are shrinking the panoramic view. - Don't let strip development and new housing developments continue to spread. Cluster new development in carefully limited areas - and leave the rest of the town as fields and open spaces. - In response to your article in your recent newsletter, I would like to express my views on scenic views. I think it is great you are trying to preserve such views. The most important of the three suggestions you listed would be, for me, the sweeping vistas. Next would be woods and fields, and third the lake. All are important though. I was especially pleased to see in your samples the Pine Tree Road and Snyder Hill area, since I live near there. Please continue trying to keep open vistas. - Also use grant money and private donations for protecting views. Total Submitted Comments = 25 16 via Town Hall Exhibit 8 via emailAA/eb 1 via phone call Appendix F(1) Town of Ithaca Scenic Resources Inventory Top Ranked Views and Scenic Areas 7bviTj\ of Uvsses Town thaca 96' o QfLans/nQ aflh^Town Cayuga Lake Village of Cayuga Heightsh«qsrd bunoy rd MECKLe^B City of Ithaca cuntonm Buttermim^^ Falls State Pafk Robert H. Treman State Park _ V" _ Town ofDanby 8/24/97 Scenic Areas in Best views from near and far Scenic View-ways: see Top Ranked Views from here Photos of Best Views from these points, arrows show total view extent ^^Town of Ithaca Scenic Resource Inventory Top Ranking Scenic Views Appendix F(2) (Please note that photos can only begin to reflect the beauty of the views from these points, here arranged in geographical order counterclockwise, from west, to south, to east, and north) 1. This intimate westward view captures Williams Glen Creek emerging from a rustic culvert under the former Lehigh Valley Railroad, splashing down bedrock shale near Cass Park. This small gorge, one of seven similar streams in the Indian Creek Lake Slopes Conversation Zone, will be seen from the future Black Diamond Trail on the old railroad bed. Conservation zoning limits the number of homes that may be built in the area but has not been effective in preventing landowners from bulldozing woods. Revision of town conservation zoning law is needed for further protection. Completing the development of the Black Diamond trail should be promoted more vigorously. 2. Beyond this complex of 1930's Collegiate Gothic structures along State Route 96, the Cornell campus stands out on East Hill above Cayuga Lake valley. Future development could obscure this long view so careful limitations on buildings and their placement are critical. Establishing a parking pull-off would create an opportunity for people to stop and appreciate the distant hills. n r, 3. One of many eye-catching views from West Hill's Route 79 entry to Ithaca begins to reveal the descent to Cayuga Lake as farm fields along the road give way to city sights. The Cornell campus can be seen against the backdrop of the Dryden headlands. A parking pull-off near Eco Village's bus stop shelter would allow travelers to stop and appreciate this sight. Further conversion of the farm fields to development should be discouraoed. 4. Peeking through trees in Westhaven Preserve, a new Town park, we see Ithaca College's campus appears on the shoulder of South Hill, across the Inlet Valley. Brush-clearing in this and other similar areas would open up such scenes for better viewing year-round. 5. This long vista across farm fields from the heights of West Hill is one of many great views on Sheffield, Hayts, Poole, and Bundy Roads. Distant hanging deltas and truncated spurs are part of the landforms created by glacier action in previous Ice ages. Such views depend on agricultural operations keeping the fields open far enough below the road for the views to be clear. Planning tools such as easements might be needed to keep housing development from blocking sight lines. Appendix F(2) Page 2 6. This view from Bostwick Road, with farm fields in the foreground and Newfield hills in the distance, is one of many in a variety of directions. Wooded hillsides on the south-west bank of Inlet Valley, farm fields off Sandbank Road and Buttermilk Falls can all be seen from Bostwick Road. Again viable agriculture provides the open areas and needs to be preserved for the future. 7. Complimentary to the previous view, the rich farmlands along Bostwick Road to the northwest across Inlet Valley and wooded slope of southwestern West Hill are seen from Sandbank Road. This road meanders down the hill through open areas and Buttermilk Falls State Park. Preserving these views has the added benefit of protecting the park. 8. This view of Cayuga Lake is so spectacular that there is already a parking pull-off from which to see it. A once great view to the west from here has been obscured by the construction of Longview, an Ithacare Community. Further development of the property to the north of the pull-off could further block this view. A scenic easement could limit the height of any future buildings and trees. Interpretive signage and a picnic shelter could promote public appreciation of this view and help preserve the lake view. 9. East Hill's best view of South and West Hills across Six Mile Creek and Cayuga Lake valleys depends on the open field across from Snyder Hill Road and south of Cornell's pig barns. The Polo and Tennis buildings have blocked much of the view from Pine Tree Road; the remaining excellent vista deserves preservation. A parking pull-off with picnic table and shelter would recognize the beauty of this site. 10. This northern edge of lakeside panorama is viewed from a small Town park offering the Town's only public access to Cayuga Lake. The shelter, parking lot, and shore here are already much used. An interpretive sign would identify the interesting parts of the panorama, and could promote public interest in preserving the natural features in the Indian Creek Lake Slopes Conservation Zone seen to the west across the lake. Appendix G(1) f s Inventory Grid Map Town of Ithaca Scenic Resources Project nmctmiKA • TOWTcPlfWci96ys . A -.-T ' •«'■•i7 * - •.» turt 5\, Cayug Lake \fllla9«.of 'Cr^''11'.C%uga H^ts f.y ' vi^*«nsHk •iW.fSK'- V.v:";'; wtoiid^•>-.V 'Vr SJSSCFT ^11-9 .CfSS\^ PiwV 12^C«WEU.T1 UNlWRSfTYCity of Ithaca ' 11-7 aoi nay£^^/. SlMCJHlLUI KAOGE B . 1M JRNS iinAK \ auLS JQtZ ': UPPEflBUTTifl rAOS s.PsWf ronwcFfCHfisi) ^ Does not meet location criiteria for public accessibility - no photo necessary No scenic or picture important areas located Spring/Summer Photos Winter Photos ^ Fall Photos Working Map of the Scenic Resources Committee A 2000 2000 4000 Feet Map Produced 12/16/04 Modified 2/05,6/05,10/05,6/06 )3Worksheet for Evaluating Scenic Views (Updated April 26,2006)Grid/description of locationMag.Dist.Qua!.WOWOpporTotalComments and Notes0-5 agriculture212128Potential for Ag easement1-5 Bostwick ag views to S-SE3232212Char. Ag/long views seen from 4-1&20-2 Gray Road222129Need summer shot4-2 Sand Bank - Voss332314Potential Ag Easement; great view of Bostwick7-4 Pulloff on 96B atLongview3333315Defines our community; add picnic facilities10-1 Troy Road222129Winter shot needed; verify location9-1 /9-3 Troy Road222129View of Cornell12-1 Coddington Rd.212128Entrance to the town12-4 Eastern Heights Park322128Nice area but limited long views12-8 Rt. 366 farm views322119Overlap with Town of Dryden11-5 Park area112116Limited potential11-6 Pine Tree view to W/SW32(3)22312Include area from beginning of open area toMitchell12-6 Game farm &Ellishollow22112(3)8Opens up from Ellis Hollow10-7 Cascadilla Creek fromRt 366 S121(2)1(2)16Difficult for further development10-8 Views from upstreambridge over Fall Creek1(2)23117Trusses can frame view; seasonal10-8 Forest Home/Beebe lake132219View from end of road invites you to linger12-9 Fall Creek Pull-off inForest Home Drive112116Pleasant interior view10-9/10-10 Cornell Golfcourse222118Gives sense of place along stretch of road11-11/12-11 Hanshaw West2121(2)28Panorama7-11 Rt. 13 west3121(2)18Challenge of 3 govts; pulloff recommended7-11 East Shore Drive Park3333315N to S 180 panorama; make permanent parkrather than Cornell lease7-10/7-13 Rt 13 W&S333214Need to work with Village of Cayuga Heights>■D•DCD3O.x'Q"Ni ccc3-12/4-12 Waterfalls/ Rt. 893321211Conservation Zone protection needed2-11 Hayts Rd. & cemetery2121173-10 PRI Odd Fellows entrypt.3322313Potential Pull-off3-10 Bundy Road and PerryLane122229Potential Opp with new road; may merit a pull-off3-10 Bundy N to Hopkins111126Views of fields0-10 Sheffield (betweenBundy and Hayts)2322312Good view of area glacial action results0- 7 Sheffield (South ofintersection w/ Rt. 79.2322:>12Open field protected by Ag easement0-8 MecklenburgRd./Sheffield3(2)121310(11)Open field2-8/3-8 Mecklenb'g Rd to east3223313Views of city for some distance; suggest pull-offand picnic pavilion at Rachel Carson Drive4-7 West Haven111115Lost with new development3-6 New park off Valley View2232312Dev view area t ~ ^ f s Preserving Scenic Views In the Town of Ithaca ' ^ 2 I • ':^ » • ■> •'- .n ' '1 ... Why? Scenic views enhance our lives Scenic views enhance our lives Encourage appreciation of natural surroundings Scenic views enhance our lives Give a sense of place and belonging Scenic views enhance our lives Provide economic value through tourism and increasing property values Scenic views enhance our lives Existing views are under threat from development Threats to Scenic Views Insensitively placed residential or commercial development Uncontrolled growth of vegetation Poorly placed utility poles, communication towers and similar structures Examples of lost views Once gone, these views are lost forever Examples of lost views Once gone, these views are lost forever Examples of lost views Once gone, these views are lost forever Examples of lost views Once gone, these views are lost forever Actions to Date Scenic View preservation began in the early 1990's Local Residents identified favorite views Photos were taken and legal research done. The Town endorsed the value of views We can and should do more Plan of Action ~ The next steps Finalize criteria for evaluating scenic resources; -- Unique Natural Resources - Cultural Identity - Historic Relevance - Recreational Significance - Entry Points to Itie City Of Ithaca - Importance to Tourism • Scope of Exposure Plan of Action Use a grid to i —^ catalogue town views '! I , ;>5cr. J,.;. J, .11 n Plan of Action Systematically expand picture flies Plan of Action Evaluate and rank views with public input .^SK--r?u4, Plan of Action Develop methods to protect "most-valued" views Plan of Action/Timetable • Finalize criteria for evaluating scenic resources • Use a grid to catalogue town views • Systematically take pictures • Evaluate and rank views • Develop recommended protection methods for ^most-valued" views October, 2004 May, 2005 September, 2005 V The direction is clear. The NYS Constitution delegates to local municipalities the power to preserve scenic views The Town endorsed the value of views in the 1993 Comprehensive Plan The 2004 Zoning Ordinance reflects the importance of scenic views. We ask for your support. -r— Thank You 1 / 1 01/0f/200C TOWN BOARD MEETINGATTACHMEJ^^3^1§3 Item; / \ - Budget Officer: 2007 2008 Annualized amount $5811 x 2.7% = $5,968 35% fringes $2033 =$2.088 Total: $7844 =$8,056 To be paid each pay through payroll processing. By the Town of Ithaca: To be paid to out to the Budget Officer: $5,968 / 26 pays = $229.54 per pay. f \ 01/07/2008 TOWN BOARD MEETIN( ATTACHMENT ff9 FIRST DEPUTY TOWN CLERK Duties and Responsibilities TOWN OF ITHACA Department Town Clerk C. 8. Classification EXEMPT Job Classification Grade M Approved 1/10/2000 Res# 8(n Revised 1/7/08 TB Res# DISTINGUISHiNG FEATURES OF THE CLASS: This is a senior level clerical position that assists the Town Clerk In carrying out the administrative duties and responsibilities of the department. The First Deputy Town Clerk Is appointed by the Town Clerk and serving at his or her pleasure, which Is then acknowledged by the Town Board. The Town Clerk has authority to establish the duties and responsibilities of the First Deputy Town Clerk, which are then to be acknowledged by the Town Board. Such First Deputy Town Clerk shall possess the powers and perform the duties of the Town Clerk during the absence or Inability to act for the Town Clerk, or during a vacancy In the office of Town Clerk. Appointment Is a two-year term commencing the first day of January next succeeding the next biennial Town election. Work Is performed under the general supervision of the Town Clerk with moderate autonomy and Independent judgment when carrying out the details of the work. Supervision may be exercised over a small clerical staff. TYPICAL WORK ACTIViTiES: Primarv Responsibilities: Assumes all duties and responsibilities, under law, of the Town Clerk In his/her absence; Collects Information and compiles reports and documentation; Attends Town Board, Planning Board, Zoning Board as necessary and other meetings as requested and produces minutes for the Town Clerk; Assists with Town Board meeting preparation. Town Newsletters, and dog enumeration; Assists In the maintenance of and disposition of department files and organization files In accordance with the records management policies, MVS Laws and Town of Ithaca Code; Performs administration duties associated with legal postings and filings; Works closely with the Town Clerk to achieve department goals and tasks; In conlunctlon with the Deoutv Town Clerk: Assists In opening and closing Town Hall; Assists In balancing cash drawer for dally business, and In the preparation of bank deposits; Assists In answering various Inquiries from residents and other customers; Assists In answering Incoming telephone calls and directs them to appropriate departments / personnel; Assists In Issuing marriage, dog, handicapped and other licenses or permits and other documents and transcripts offered by the town; Assists with mailings, typing and copying; Assists with the collection of permit fees, and other fees and charges payable to the town; Assists with tax searches; Works closely with the Deputy Town Clerk and assists with overflow; Performs other duties as assigned. CONTINUED NEXT PAGE FIRST DEPUTY TOWN CLERK (CONT.> FULL PERFORMANCE KNOWLEDGE. SKILLS. ABILITIES AND PERSONAL CHARACTERISTICS: Ability to maintain confidentiality; Ability to deal tactfully and courteously with board members, committee members, constituents, co-workers and other people who interface with the Town Clerk Department; Good knowledge of office terminology and procedures; Good knowledge of business arithmetic and English; Knowledge of accounting practices. Ability to understand and carry out oral and written instructions; Ability to compose reports and maintain records; Ability to obtain a Notary Public license; Ability to operate a typewriter, personal computer, and calculator; Good knowledge of word processing and spreadsheet programs; Knowledge of the Ithaca and Tompkins County area; Possession of integrity and honesty; Physical condition commensurate with the demands of the position; Ability to obtain bond - desirable; Good working knowledge of municipal government - desirable; Be an elector of the Town of Ithaca - desirable. MINIMUM QUALIFICATIONS: Graduation from high school or possession of a high school equivalency diploma with a concentration in business AND three years of office clerical experience preferably in a municipal office dealing with the public and working with cash transactions and one year of Deputy Town Clerk experience. SPECIAL REQUIREMENTS: 1. Ability to take and subscribe the constitutional Oath of Office, and file such in the Town of Ithaca Town Clerk's Office before assuming duties. 2. Obtain and maintain Notary License within 6 months of appointment. First OTC update 1/2008 DEPUTY TOWN CLERK Duties and Responsibilities TOWN OF ITHACA Department Town Clerk Civil Service Classification EXEMPT Job Classification Grade K Approved 1/10/2000 Res. # 8(1) Revised 1/08 TB DISTINGUISHING FEATURES OF THE CLASS: This is a responsible clerical position that assists the Town Clerk in carrying out the administrative duties and responsibilities of the department. Deputy Town Clerk{s) are appointed by the Town Clerk and acknowledged by the Town Board. The Town Board has authority to establish the powers and duties of the position, which may be delegated to the Town Clerk. Appointment is a two-year term commencing the first day of January next succeeding the next biennial Town election. Work is performed under the direct supervision of the Town Clerk with a minimal level of autonomy and independent judgment when carrying out the details of the work. TYPICAL WORK ACTIVITIES: Assists in opening and closing Town Hall; Assists in balancing cash drawer for daily business, and in the preparation of bank deposits; Assists in answering various inquiries from residents and other customers; Assists in answering incoming telephone calls and directs them to appropriate departments / personnel; Assists in issuing marriage, dog, handicapped and other licenses or permits and other documents and transcripts offered by the town; Assist in attendance at Town Board, Planning Board, and Zoning Board of Appeals meetings and other meetings, and produces minutes for the Town Clerk; Collects permit fees and other miscellaneous fees and charges; Provides assistance in the collection of water and sewer billings; Provides assistance in the collection of Town and County tax bills; Assists with Town Board meeting preparation. Town Newsletters, and dog enumeration; Assists in the maintenance of and disposition of department files and organization files in accordance with the records management policies, NYS Laws and Town of Ithaca Code; Assists with duties associated with legal postings and filings; Assists with mailings, typing and copying; Assists in completing reports and documentation; Performs tax searches upon request; Substitutes for the Town Clerk when requested; Performs other duties as assigned. CONTINUED NEXT PAGE DEPUTY TOWN CLERK (CONT.) FULL PERFORMANCE KNOWLEDGE. SKILLS. ABILITIES AND PERSONAL CHARACTERISTICS: Ability to maintain confidentiality; Ability to deal tactfully and courteously with board members, committee members, constituents, co-workers and other people who interface with the Town Clerk Department; Good knowledge of office terminology and procedures; Good knowledge of business arithmetic and English; Knowledge of accounting practices. Ability to understand and carry out oral and written instructions; Ability to compose reports and maintain records; Ability to obtain a Notary Public license; Ability to operate a typewriter, personal computer, and calculator; Good knowledge of word processing and spreadsheet programs; Knowledge of the Ithaca and Tompkins County area; Possession of integrity and honesty; Physical condition commensurate with the demands of the position; Ability to obtain bond - desirable; Good working knowledge of municipal government - desirable; Be an elector of the Town of Ithaca - desirable. MINIMUM QUALIFICATIONS: Graduation from high school or possession of a high school equivalency Diploma with a concentration in business AND two years of office clerical experience preferably in a municipal office dealing with the public and working with cash transactions. Special Requirements: 1. Ability to take and subscribe to the constitutional Oath of Office, and file such in the Town Clerk's office before assuming duties. 2. Obtain and maintain Notary Public license within 6 months of appointment. DEPTY-TC.DOC JaivOQ/ revised 7/07/1/08 01/07/2008 TOWN BOARD MEETING ATTACHMEN^^IO- y D)\v;/ r SUSAN H. BROCK " ^ Attorney at Law I » 306 East State Street, Suite 230 $ Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clarityconnect.com Facsimile: 607-277-8042 December 20, 2007 Supervisor-Elect Herbert J. Engman Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Re: Engagement Letter for Legal Services Dear Supervisor-Elect Engman: This will confirm the terms on which the Town of Ithaca is retaining me to provide legal services as the attorney for the Town. My hourly rate for these services in 2008 will remain at $150.00, which is my third year at the ^ same rate. All time, including but not limited to meetings, telephone calls, document drafting, court appearances and research, will be billed on an hourly basis, to the nearest one-tenth of an hour. In addition to my time charges, I will bill for my actual disbursements, including but not limited to long distance telephone and long distance fax charges, photocopying in bulk, and other miscellaneous out-of- pocket expenses. I will submit monthly bills showing a detailed description of services and a breakdown by day as to how much time was spent on Town matters. The bills will also show an itemization of disbursements for which the Town is being charged. Upon the Town's request, I will provide separate bills for specific matters. In the event that a dispute arises between us relating to my fees, the Town shall have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, a copy of which will be provided to you upon request. If the foregoing accurately describes our agreement, please sign the enclosed copy of this letter after the Town Board approves it and return it to me. The original is for your records. Please do not hesitate to discuss with me any questions you may have about this letter or any future bills. I have very much enjoyed working with the Town and look forward to my continued work with the Town in 2008. Sincerely, n 1 Susan Hajda Brock Enclosures Signature: Date: 01/02/08 11:39 FAX 6072728466 THALER & THALER @002 < \ AGREEMENT as to LEGAL REPRESENTATION between the TOWN OF ITHACA and GUY K. KROGH, ESQ., of THALER & THALER This agreement (the "Agreement") is made between the undersigneds as of January 1, 2008. The Town of Ithaca, with its offices at 215 North Tioga Street, Ithaca, New York 148M (herein, the 'Town"), has requested that Guy K. Rrogh, Esq. (the "Attorney") provide services to the Town as an Attorney for the Town, and accordin^y die Town hereby engages said Guy K. Kro^ (of Thaler and Thaler, 309 Norlh Tioga Street, Ifliaca, New York 14850) to provide legal services to the Town at the request of Susan Brock, ^ Town Supervisor, the Town Board, the Planni^ Department, and/ or any other official of the Towiv including, but not necessarily limited to: > Preparing and reviewing necessary or desired legal documents primarily regarding real estate matters; > Attending Town Board, Planning Board and Zoning Board Of Appeals Meetings upon request; ^ The provision of such other or further legal services as the Town may desire or request. Fees for services performed by the Attorney, and his associates and employees, (herein, the "Fees") will be based upon the amount of time devoted by the individuals performing the services, multiplied by those individuals' respective hourly billing rates. For this Agreement, billing rates for 2008 are as follows: Attorney - $150.00 per hoxir; Paralegal - $90.00 per hour. Hours will be billed in minimum increments of a tenth of an hour. Hourly rates apply to all time expended relative to Town matters, including but not limited to: > Meetings and conferences; > Telephone calls and telephonic conferences, either placed by or placed to the Town, or otherwise made or had on the Town's behalf or related to Town matters; ^ Preparation, review and revision of correspondence and documents, memoranda, or papers relative to Town matters; > Legal research; > Court appearances and court conferences; > Preparation time for any meeting or court matters; > Travel time; and ^ Any other time expended on behalf of or in connection with Town matters that are traditionally billed in the Attome/s business. However, not all time will be deemed billable or will be billed by the Attorney, who may exercise his discretion to "no charge" any time and billing entries. The Attorney will not bill for any time, charges or expenses incurred for responding to any billing inquiries that 01/02/08 11:39 FAX 6072728466 THALER & THALER @003 / I may aiise, nor wiU the Attorney biU for any time, charges or expenses incurred for Ite negotiation or drafting of any documents concerning the terms of employment of the Attorney. The Attorney and his firm will incur various costs and expenses in performing services, including but not limited to, filing fees, subpoena and service of process fees, r^orting and transcription expenses, postage, courier delivery expenses, long distance telecommunications, document reproduction and/or printing expenses, travel expeises, and rnmpiiter assisted legal and factual research expenses. The Town agr^ to reiirtou^ the Attorney for any such costs and expenses actually and necessarily incurred by the Attorney on behalf of toe Town. Such costs and expenses shall be deemed and billed as Fees under this Agreement. The Attorney will provide the Town with copies of all correspondences, documents, and pleadings, and will keep the Town apprised of the status of each matter being handled, in whole or in part, by the Attorney. The Town has sole discretion in determining whether to terminate the Attome5r's representation at any time, for any or no reason. While the Attorney and his firm seek to avoid fee disputes with the Town, and encourage open discussion to resolve any fee disputes, the Town is advised that it has the right, at itselection, to seek arbitration to resolve any fee dispute. In such event, the Attorney shall ^ advise the Town in writing by certified mail that the Town has 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and the Attorney sM enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both the Attorney and the Town. The Town is referred to Part 137 of the Rules of the Chief Administrator of the New York State Courts for more information about arbitration. At any time, even if there is no fee dispute, the Attorney wiU forward the complete text of Part 137 to the Town. The Attorney also has the right to withdraw from representing the Town in the event of the Town's failure to communicate or cooperate in the provision of legal services, or if the Town engages in any conduct which would make it inappropriate to continue representation, or if any bill rendered for Fees remains unpaid, in part or in full, for a period of 90 or more days after such bill is delivered to the Town. The Attorney will send the Town an invoice every month, or more or less frequently, upon request of the Town. The Town is hereby made aware that in the provision of municipal legal services there are often facts and circumstances that call for a legal judgment and for which there is no specific or unanimous "correct" answer. The Attorney shall exercise his best judgment in ^ V 01/02/08 11:40 FAX 6072728466 THALER & THALER Igl004 all cases and at all times to provide legal services and advice tMt are comistent vdih law and controlling or persuasive legal precedents, and that will minimize the risk and expense to the Town. Despite these best efforts, the Town acknowledges that there is no assurance or guarantee of the outcome of any matter, the length of time it may take to resolve any matter, or the costs which may be incurred to attempt to resolve any mat^. The Attorney will endeavor to advise the Town as to any and all risks and expens^ that any proposed course of action or conduct may entail so that the Town may wei^ its alternatives and make a decision that is in the best interests of the Town and its constituents. The Town has reviewed and understands this Agreement. The Town has had an opportunity to ask any and all questions it may have pertaining to this Agreement, md has had each such question answered to its full satisfaction and understanding. Accordingly, the Town and the Attorney each agree to all of the terms set forth in this Agreement. Town of Ithaca ("Town")Title Date . ("Attorney") Title^ Date l/z/62 01/02/08 11:39 FAX 6072728466 THALER & THALER 121002 / ^ AGREEMENT as to LEGAL REPRESENTATION between the TOWN OF ITHACA and GUY K. KROGH, ESQ., of THALER & THALER This agreement (Ae "Agreement") is made between Ae undersigneds as of January 1, 2008. The Town of Ithaca, wA its offices at 215 NorA Tioga Street, Ithaca, New York 14^ (herein, Ae "Town"), has requested that Guy K. Krogh, Esq. (Ae Attome/) provide ^ces to Ae Town as an Attorney for Ae Town, and accordingjy the Town hereby anfragps said Guy K. Kro^ (of Thaler and Thaler, 309 NorA Tioga Street, Ithaca, New York 14850) to provide legal services to the Town at Ae request of Susan Brock, Ae Town Supervisor, Ae Town Board, fiie Planni^ Department, and/or any oAer official of Ae Town, including, but not necessarily bnuted to: > Preparing and reviewing necessary or desired legal documents primarily regarding real estate matters; > Attending Town Board, Planning Board and Zoning Board Of Appeals Meetings upon request; > The provision of such other or further legal services as the Town may desire or request. ^ Fees for services performed by the Attorney, and his associates and employees, (herein, the "Fees") will be based upon the amount of time devoted by the individuals performing the services, multiplied by those individuals respective hourly billing rates. For this Agreement, billing rates for 2008 are as follows: Attorney - $150.00 per hour; Paralegal - $90.00 per hour. Hours will be billed in minimum increments of a tenth of an hour. Hourly rates apply to all time expended relative to Town matters, including but not limited to: > Meetings and conferences; > Telephone calls and telephonic conferences, either placed by or placed to the Town, or otherwise made or had on the Town's behalf or related to Town matters; > Preparation, review and revision of correspondence and documents, memoranda, or papers relative to Town matters; > Legal research; > Court appearances and court conferences; > Preparation time for any meeting or court matters; > Travel time; and > Any other time expended on behalf of or in connection with Town matters that are traditionally billed in the Attorney's business. However, not all time will be deemed billable or will be billed by the Attorney, who may ^ exercise his discretion to "no charge" any time and billing entries. The Attorney ^ not biU for any time, charges or expenses incurred for responding to any billing inquiries that 01/02/08 11:39 FAX 6072728466 THALER & THALER (2)003 may arise, nor wiU the Attorney Ml for any time, charges or expewes teurred fornegotiation or drafting of any documents concemmg the terms of employment of the Attorney. The Attorney and his firm will incur various costs and expenses in perfoi^g services, indudine but not limited to, filing fees, subpoena and service of process fees, reportmg and transcription expenses, postage, courier deUvery expenses, long distance telecommunications, document reproduction and/or printing expenses, travel exp^, and computer assisted legal and factual research expenses. The Town agr^ to the Attorney for any such costs and expenses actuaUy and necessarily inoirrM by the Attorney on behalf of the Town. Such costs and expenses shall be deemed and billed as Fees under this Agreemait. The Attorney will provide tiie Town with copies of all correspondences, d,ocu^te, and pleadings, and wiU keep the Town apprised of the status of each matter being handled, m whole or in part, by the Attorney. The Town has sole discretion in determining whether to terminate the Attome/s representation at any time, for any or no reason. While the Attorney and his firm seek to avoid fee disputes with the Town, and encotirage open discussion to resolve any fee disputes, the Town is advised that it tbe right, at ite election, to seek arbitration to resolve any fee dispute. In such event, the Attorney shall advise the Town in writing by certified mail that the Town has 30 days from receipt of such notice in wHch to elect to resolve the dispute by arbitration, and the Attorney sl^ enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both the Attorney and the Town pie Town is referred to Part 137 of the Rules of the Chief Administrator of the New York State Courts for more'information about arbitration. At any time, even if there is no fee dispute, the Attorney will forward the complete text of Part 137 to the Town. The Attorney also has the right to withdraw from representing the Town in the event of the Town's faUure to communicate or cooperate in the provision of legal services, or if the Town engages in any conduct which would m^e it i^ppropriate to contoue representation, or if any biU rendered for Fees remains unpaid, in part or in fuU, for a period of 90 or more days after such biU is deUvered to the Town. The Attorney wiU send the Town an invoice every month, or more or less frequently, upon request of the Town. The Town is hereby made aware that in the provision of municipal legal se^ices there are often facts and circumstances that call for a legal judgment and for which there is iio specific or unanimous "correct" answer. The Attorney shall exercise his best judgment m 01/02/08 11:40 FAX 6072728466 THALER & THALER ®004 t \ all cases and at all times to provide legal services and advice that are corais^t wA Iwand controlling or persuasive legal precedents, and that minimize the nsk ^d expense to the Town. Despite these best efforts, the Town acknowM^ that there b no assurance or guarantee of the outcome of any matter, the length of time it may tak^o resolve any matter, or the costs which may be incurred to attempt to resolve any The Attorney will endeavor to advise the Town as to any and all risks and expensM^ any proposed course of action or conduct may entail so that tfie Toira ^y wei^ ite alt^tives and make a decision that is in the best interests of the Town and its constituents. The Town has reviewed and understands this Agreement The Town has had an opportunity to ask any and aU questions it may have pertaining to this Agreement, has had each such question answered to its full satisfaction and understodmg. Accordin^y, the Town and the Attorney each agree to all of the terms set forth m ttus Agreement. Town of Ithaca ("Town")Title Date /i z/62 ^ sq. ("Attomejr") Title' Date 01/07/2008 TOWN BOARD MEETING ATTACHMENT #l^enda Item No. 41 2008 Proposed Legislative Program As reported by the Resolutions Committee of the Association of Towns, November 2007. Please note that more resolutions may be reported out of the February 2008 Resolutions Committee meeting. Resolution No. 1 Mandate Relief WHEREAS, local governments are in partnership with the State and Federal Government to protect and preserve the health, safety and welfare of the American people; and WHEREAS, a partnership requires collaboration in order to effectively accomplish these goals; and WHEREAS, the imposition of tax-shifting unfunded State and Federal mandates (commonly occurring in the areas of public works, procurement, personnel management, provision of local service, environmental quality enhancements, and loss of local tax base) represents a barrier to effective collaboration and good governance; and WHEREAS, the growing expense of tax-shifting unfunded mandates, both individually and collectively, places financial burdens on local governments and ultimately the taxpayer, and has in some instances forced local governments to drastically under-fund crucial local services such as road maintenance, public safety, and recreational and cultural services, NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the President and Congress to enhance the Unfunded Mandates Reform Act of 1995 (UMRA; P.L. 104-4) to expand the definition of the term "unfunded mandate" and to fully fund Federal programs administered at the state and local level; and BE IT FURTHER RESOLVED that the Association of Towns calls upon the Governor and the New York State Legislature to enact comprehensive mandate relief legislation that would take into consideration the following among other relief measures: (1) inventory and fully fund existing and future mandates and (2) require all future legislation to include comprehensive local fiscal impact notes. Agenda Item No. 41 Resolution No. 2 I I Increase in Justice Court Funding ^ WHEREAS, town justice courts provide an essential service that is primarily funded by local real property taxes; and WHEREAS, the state established reimbursement fund (General Municipal Law [GML] §99-1), designed to assist local governments with the operational expenses of justice courts, has not been amended to reflect an increase in operational expenses for the past 10 years; and WHEREAS, the New York State Police recently discontinued the practice of prosecuting and plea-bargaining traffic violations in town justice courts, placing a burden on local governments to provide prosecutors for traffic violations, further increasing operational expenses of the court; NOW THEREFORE BE IT RESOLVED that the Association of Towns requests legislative action to increase GML, §99-1 reimbursement fees to assist local taxpayers in funding justice court operational expenses. f \ t \ Agenda Item No. 41 Resolution No. 3 Fund the Unfunded MS4 Mandate WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the Phase II Stormwater regulations (regulations) in 1999 requiring owners and operators of small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge stormwater to the waters of the U.S.; and WHEREAS, the EPA requires MS4s in New York State to obtain permit coverage under the New York State Pollutant Discharge and Elimination System (SPDES) General Permit for Stormwater Discharges from MS4s (GP-02=G2); and WHEREAS, the MS4 permit requires regulated municipal MS4s to develop and fully implement a Stormwater Management program by 2008, and WHEREAS, Stormwater Management programs must contain appropriate management practices in each of the six minimum control measures (Public Education and Outreach; Public Participation and Involvement; Illicit Discharge Detection and Elimination; Construction Site Runoff Control; Post-Construction Runoff Control and Pollution Prevention and Good Housekeeping), and WHEREAS, to date. Phase II regulations are an unfunded mandate, and WHEREAS, the U.S. EPA has estimated MS4s will spend $3.00 - $60.00 per capita to comply with these regulations, and WHEREAS, New York State has not sufficiently funded the Environmental Protection Fund (EPF) to assist communities in the development and implementation of their MS4 programs, and that EPF funding is distributed in the form of competitive grants and therefore not guaranteed to all regulated MS4 municipalities, NOW THEREFORE BE IT RESOLVED, that to guarantee that the program is implemented and enforced uniformly throughout the State, the Association of Towns calls for fully funding the development, implementation and enforcement of this program. Agenda Item No. 41 Resolution No. 4 Highway Transportation Funding WHEREAS, local highways and bridges make up 85% of our State's highway system; and, WHEREAS, recent local road system studies continue to identify a multi-billion dollar shortfall in funding of local highways and bridges; and WHEREAS, upgrading the State's 90,000 miles of county and town roads to meet the American Association of State Highway Transportation Officials (AASHTO) minimum standards would cost in excess of $9.7 billion dollars; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor and Legislature to continue their support of the Consolidated Highway Improvement Program (CHIPS) and to explore every way possible to increase highway aid. Resolution No. 5 Speed Limits on Town Roads WHEREAS, current provisions of the Vehicle & Traffic Law, §1662-a authorize only certain towns (i.e., suburban towns and those with over 50,000 in population - approximately 8.6% of towns) to set speed limits on all highways within a town other than state highways maintained by the state, while all cities and villages regardless of classification or population set their own speed limits; and WHEREAS, the NYS Department of Transportation can take as much as two years to process requests for speed limit reductions and has, in most instances, declined to reduce speed limits on town highways when requested to do so by local officials; and WHEREAS, town governments are better positioned to work with their citizens to set speed limits on town roads and more likely to be responsive to their residents' concerns; and WHEREAS, town officials are legally required to set speed limits based upon the same engineering standards and traffic investigation techniques as the State DOT, cities and villages are required to employ; NOW THEREFORE BE IT RESOLVED, that the Association of Towns urges the Legislature and Governor to extend to all towns the option - through adoption of a local law - to assume responsibility and authority to set speed limits on town roads within their respective jurisdictions, within the limits as defined in §1662-a of the Vehicle & Traffic Law, and so long as those roads have been functionally classified by the Department of Transportation as local roads. Agenda Item No. 41 Resolution No. 6 Preserve and Strengthen Local Government's Role in the Siting of Energy Generation Facilities WHEREAS, the New York State Public Service Commission (PSC) adopted a new renewable energy policy which includes the Wind Energy Facilities (WEFs) on September 22, 2004 that requires 25 percent of the state's electricity to be supplied from renewable energy sources by 2013; and WHEREASTthe proper regulation of the siting and installation of WEFs is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public; and WHEREAS, WEFs have the potential to cause significant aesthetic, environmental, and quality of life impacts if not properly sited, because of their large size, lighting, noise and shadow flicker effects; and WHEREAS, local governments have successfully developed, implemented and administered local WEFs siting laws and policies with the input and guidance of local taxpayers, residents, business and agricultural representatives, environmentalists, energy generators, planners and lawyers; and WHEREAS, Article X of the Public Service Law (PSL), which set forth the siting procedure to construct and operate major power generation facilities with a capacity of 80 megawatts or more expired December 31, 2002 thereby requiring electric generating project developers to undergo local zoning review and environmental review pursuant to the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law); NOW THEREFORE BE IT RESOLVED, the Association of Towns calls upon the Governor, State Legislature and State Agencies to develop new laws and regulations that will preserve local authority over the siting of WEFs and that will provide local government officials from a host municipality with a seat on the New York State Board on Electric Generation Siting and the Environment (Siting Board). Agenda Item No. 41 Resolution No. 7 I ( GML 207-c Disability Benefits for Law Enforcement Reform WHEREAS, law enforcement personnel are entitled to payment of municipal compensation benefits including, payment of salary, fringe benefits and all medical costs when they are injured in the line of duty pursuant to General Municipal Law (GML), §207-c and these payments are non-taxable and can continue for years or even decades until there Is recovery, a disability retirement or attainment of retirement age; and WHEREAS, the New York Court of Appeals decided (Matter of Theroux v. Rellly et al) that all law enforcement officers who are Injured or fall III In the performance of their duties, regardless of the duties performed or the nature of the Injury, are entitled to the payment of the full benefits provided by GML, §207-c; and WHEREAS, the Office of the New York State Comptroller has the final determination as to when a law enforcement officer Is eligible for a disability retirement and historically has been reluctant to Issue disability retirements to law enforcement officers who are receiving section 207-c benefits; and WHEREAS, law enforcement officers have been known to stay on municipal payrolls receiving 207-c benefits for multiple years thereby filling a roster spot In a department that could be filled by a healthy law enforcement officer; and [ ^ WHEREAS, this Interpretation of GML, §207-c by New York Court of Appeals will substantially Increase municipal compensation costs and create a great hardship to taxpayers at all municipal government levels; NOW THEREFORE BE IT RESOLVED, that the New York State Association of Towns supports legislation to amend General Municipal Law, §207-c to require disability retirement benefits to be extended to any law enforcement officer who has been receiving GML, §207-c benefits for a period of 36 months without the ability to return to work. f \ f Agenda Item No. 41 f L- Resolution No. 8 Restore and Secure Equity In Collective Bargaining WHEREAS, one out of every eight New York workers is a unionized government employee with more than a million New Yorkers represented by public sector unions; and WHEREAS, employee salaries and benefits account for the majority of municipal government operating expenses; and WHEREAS, the Taylor Law (officially the Public Employees Fair Employment Act) was enacted in 1967 to promote a balance in the relationship between public employees and their employers; and WHEREAS, legislation, case law, arbitration awards and administrative rulings by the Public Employee Relations Board (PERB) have lead to inequity in the collective bargaining process; NOW THEREFORE BE IT RESOLVED that the Association of Towns calls upon the New York State Legislature, Governor and Public Employee Relations Board to restore equity in the collective bargaining process by taking measured steps including but not limited to: (1) reform or repeal "compulsory binding arbitration" by including the ability to pay - without raising taxes - as a priority consideration for binding arbitration panels and requiring higher employee contributions towards benefits such as health care costs; (2) reform or repeal the "Triborough Amendment" which makes it an "improper practice" for an employer to refuse to continue all of the terms of an expired agreement until a new agreement is negotiated; (3) resist employer penalty legislation (e.g. S. 3178 [2006] which would have imposed a penalty on employers found to be acting in bad faith by requiring the taxpayers to provide a one percent increase in salaries for all members of a collective bargaining unit) without any corresponding penalty for unions or their members found to be bargaining in bad faith. -"1 .-7 I i P \ Agenda Item No. 41 Resolution No. 9 ; ; Preserve Local Control over Active and Retiree Health Insurance Benefits WHEREAS, GASB 45 requires GAAR (Generally Accepted Accounting Principles) compliant municipalities to account for non-pension, post employment benefits such as retiree health care costs in their financial reports; and WHEREAS, many towns choose to provide health Insurance benefits, although provision of health insurance benefits to town officers, employees and retirees is permissive (General Municipal Law, §92-a); and WHEREAS, towns currently have the authority to adjust health insurance benefits upon reasonable notice and subject to any applicable collective bargaining agreements; and WHEREAS, many towns are facing double-digit increases in health care costs while their budgets are already overburdened with mandated costs such as for pension payments, workers' compensation and the like; and WHEREAS, real property taxes in New York are among the highest in the nation; NOW THEREFORE BE IT RESOLVED, that the Association of Towns is opposed to any State Legislation (e.g. S. 6030/A.8829 (2007)) that would affect a local government's control over the provision of ' health care benefits to its active or retired officers and employees. iX/{\ Agenda Item No. 41 Resolution No. 10 Reform the Real Property Tax and Assessment System WHEREAS, towns primarily rely on real property tax revenues to fund important government services; and WHEREAS, New York's property tax burden is higher than the national average, thereby impacting our standard of living and economic vitality; and WHEREAS, a contributing factor to high real property taxes is the volume of legislation passed each year granting particular property owners either a partial or full exemption from the payment of real property taxes, a practice that has continued unabated in the most recent (2007) State Legislative Session; and WHEREAS, the legislative trend to grant exceptions from established taxable status dates, either at local option or statewide, contributes to the increase in real property taxes paid by homeowners and small businesses; and WHEREAS, it is essential that the cumulative long-term impact of real property tax exemptions be studied in New York particularly in light of the retroactive exemptions for specific properties annually enacted and the expanding scope of existing exemptions; ^ NOW. THEREFORE BE IT RESOLVED, that the Association of Towns requests the Governor and Legislature to study, define and enact a uniform, well-defined approach to exemption and taxable status date legislation that will provide state funding for any state-mandated or encouraged exemption programs and protect local property tax revenues. Agenda Item No. 41 Resolutlon No. 11 Reform Condominium Assessments WHEREAS, Real Property Law, §339-y has been interpreted by courts to limit an assessor's method of establishing a condominium assessment to the income approach, resulting in the assessment for each unit significantly under market value, sometimes by as much as 50% or more; and WHEREAS, further abuse of section 339-y now includes attempts by developers to take large tracts of land, construct large single-family houses on one or two acres and, instead of simply subdividing the property, establish a condominium with two classes of common areas, a limited common area (consisting of all the parcels surrounding each residence), which is for the exclusive use of the owner and occupant of the "condominium unit", and one general common area consisting only of the roadways within the development; and WHEREAS, by structuring ownership of the property in the manner just described, section 339-y limits the assessing unit to setting assessments on all the units as if the property were a single parcel, resulting in a steep reduction in what the assessment would otherwise be; NOW THEREFORE BE IT RESOLVED, that the Association of Towns again calls upon the Legislature and the Governor to repeal Real Property Law, §339-y so as to provide equal treatment for all types of residential housing and to prevent the continuing abuses of section 339-y as described above. ***This is not a complete listing. The resolutions listed above are what were available from the Association of Towns on January 3, 2008. 01/07/2008 TOWN BOARD MEETING TOWN CLERK'S MONTHLY REPORT attachment n2 TOWN OF ITHACA, NEW YORK TO THE SUPERVISOR: DECEMBER, 2007 PAGE! Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stat^ above, excepting only such fees and moneys the apphcation and payment of which are otherwise provided for by Law: A1255 7 MARRIAGE LICENSES NO. 07129 TO 07135 122.50 2 MISC. COPIES 16.60 2 POSTAGE 4.10 1 COMPREHENSIVE PLAN 12.00 1 PARK OPEN SPACE FULL RPT 4.50 2 MARRIAGE TRANSCRIPT 20.00 TOTAL TOWN CLERK FEES 179.70 A1557 1 SPCA IMPOUND FEES 70.00 TOTAL A1557 70.00 A2188 1 FACILITY USE FEE 75.00 TOTAL A2188 75.00 A2544 DOG LICENSES 259.03 TOTAL A2544 259.03 B2110 10 BUILDING PERMIT 1,875.00 4 BUILDING PERMIT EXTENSIN 1,812.50 1 FIRE SAFETY INSPECTIONS 110.00 3 ZONING BOARD MTG 300.00 6 TEMP CERTIFICATE OCCUP 660.00 1 OPERATING PERMIT 100.00 TOTAL B2110 4,857.50 B2115 1 SITE PLAN PRELIM. PLAN 2,500.00 1 SITE PLAN FINAL PLAN 250.00 TOTAL B2115 2,750.00 B2691 1 FILL PERMIT 100.00 TOTAL B2691 100.00 TOWN CLERK'S MONTHLY REPORT DECEMBER, 2007 I page 2 \ DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 583.73 PAID TO SUPERVISOR FOR PART TOWN FUND 7,707.50 PAID TO COUNTY TREASURER FOR DOG LICENSES 43.47 PAID TO AG & MARKETS FOR DOG LICENSES 3.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 157.50 TOTAL DISBURSEMENTS 8,495.20 o JANUARY 2, 2008 V^./ C., - — ^ SUPERVISOR HERBERT J.EJKjMAN STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, KAREN BILLINGS, 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 bw me duiihg the month above stated, excepting only such Fees the application and payment of which are otherwise provided fyr by la^ Subscribed and sworn to before me this y-' /j ^ f Town Clerk (7 day of. uj/luranj 20 o2 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County >7 a /a Commission Expires December 26.^^' TOWN OF ITHACA Public Works Department's Monthly Board Report December Report for the January 7,2008 Meeting ROADS 1*1 We had several snow storms and some icing events to deal with. 1*1 Salt and majic were mixed. 1*1 Trucks and equipment were worked on in between plowing. 1*1 Several hazardous trees were cut down and removed in the Southwoods development. 1*1 Cold patching of pot holes and problem areas. 1*1 Cleaned up flooding damage on several roads. 1*1 Compost pile was turned. PARKS AND TRAILS ^ Weekly site inspections were performed. Snow removal on commuter trails and walkways. VATER * Repairs to curb stops on Williams Glen Road. * Pump station and water tank access roads were plowed several times. * Repairs were made on several hydrants and valves. * A leaking valve was repaired on Route 13 by Early Bird Farm. * Water main breaks on Brandywine Drive, Coddington Road, West King Road, and Roseliill Road were fixed. * Daily inspections at new Trumansburg Road and Hanshaw Road water main projects. SEWER 0 Mark-outs were done for Dig Safely New York. 0 Weekly pump station inspections were performed. 0 Several sewer mains and manholes were jetted out and cleaned on lines where we have chronic problems with blockages. lanuarv Projects ^^1. Snow removal and de-icing, as necessary. 2. Christmas tree pick-up the week of January 14^ through the 18^. 3. Vehicle and equipment maintenance. 4. Continue water valve and hydrant repairs. 5. Tree and brush trimming. 6. Cold patching. TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH HOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for January 7. 2008 Town Board Meeting DEVELOPMENT REVIEW December 18. 2007 Planning Board Meeting: 1093 Group LLC 2-Lot Subdivision, 330 Pine Tree Road: The Planning Board granted Final Subdivision Approval for the proposed 2-lot subdivision located at 330 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-1-3.2, Community Commercial Zone. The proposal involves subdividing the +/- 5.959 acre lot into two parcels consisting of a +/- 1.703 acre parcel, containing the existing Rite Aid Pharmacy, and a +/- 4.256 acre parcel located off Mitchell Street which would be available for future development. 1093 Group, LLC, Owner/Applicant. Wedemeyer Equestrian Center, Between 1456 and 1460 Trumansburg Road: The Planning Board granted Final Site Plan Approval for the proposed Equestrian Center located between 1456 and 1460 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-1-19.12, Agricultural Zone. The proposal involves the development of an equestrian center including pastures, outdoor hunter-jumper and dressage arenas, paddocks, an interior arena and stalls (+/- 33,000 square feet), and a hay storage and machinery bam. The project will also include a future residence for the owners, stormwater facilities, lighting and parking. Robert & Paula Wedemeyer, Owners/Applicants; Peter J. Trowbridge, Trowbridge & Wolf, LLP, Agent. Recommendation to Town Board Regarding Proposed Stormwater Local Laws: The Planning Board issued an affirmative recommendation to the Town of Ithaca Town Board regarding three proposed local laws associated with the enactment of the new Stormwater Management and Erosion and Sedimentation Control Law, specifically: a. a recommendation regarding a proposed Local Law deleting Chapter 228 of the Town of Ithaca Code, titled "Storm Water Management," and adding a new chapter 228 titled, "Storm Water Management and Erosion and Sediment Control;" b. a recommendation regarding a proposed Local Law amending Chapter 270 of the Town of Ithaca Code, titled "Zoning," to add Storm Water Plan Submission Requirements: c. a recommendation regarding a proposed Local Law amending Chapter 234 of the Town of Ithaca Code, Titled "Subdivision of Land," to add Storm Water Pollution Prevention Plan Submission Requirements. The three local laws are intended to implement the NYS mandated Phase 2 Stormwater Regulations for Municipal Separate Storm Sewer System's (MS4). January 7, 2008 Town Board Meeting Holochuk Homes 106 Unit Subdivision, Between Trumansburg Road and Taughannock Boulevard: The Planning Board designated itself as Lead Agency, and issued a Positive Declaration of Environmental Significance (Pos. Dec.) for the proposed Holochuck Homes Subdivision, located between Trumansburg Road (NYS Route 96) and Taughannock Boulevard (NYS Route 89), Town of Ithaca Tax Parcel No.'s 24-3-3.2, 25-5-5.1, 25-2-41.2, 26-4-37, 26-4- 38, and 26-4-3, Low Density Residential, Medium Density Residential, and Conservation Zones. The proposal involves the construction of +/- 106 town home type units in a clustered development with two entrances proposed from Trumansburg Road. The development would be concentrated on the west side of the property closest to Trumansburg Road, zoned Low and Medium Density Residential, with more than half of the eastem portion of the property, mainly zoned Conservation, remaining undeveloped. The eastem portion of the property will be conveyed to the New York State Office of Parks, Recreation, and Historic Preservation. Holochuck Homes, LLC, Owner/Applicant; David M. Parks, Esq., Agent. The Pos. Dec. was agreed upon by the applicant, and a Draft Environmental Impact Statement (DEIS) will be prepared by the applicant. The applicant also agreed to a public scoping process for the DEIS, and will prepare and submit a draft scoping outline to determine the scope and content of the DEIS for the Planning Board's approval, after which a public scoping session will be held. Ithaca College Athletic & Events Center, Ithaca College Campus: The Planning Board heard a preliminary presentation and had a preliminary discussion regarding the determination of adequacy for public review of the Draft Environmental Impact Statement (DEIS) for the proposed Ithaca College Athletic and Events Center located on the eastem side of the Ithaca College campus near the Coddington Road campus entrance. Town of Ithaca Tax Parcel No.'s 41-1-30.2, 41-1-24, and 42-1-9.2, Medium Density Residential Zone. The proposal includes the construction of +/- 300,000 square feet of indoor athletic facilities including an indoor 200M track with practice/game field, Olympic size pool and diving well, tennis courts, rowing center, gymnasium, strength and conditioning center, and floor space for large indoor events. Outdoor facilities include a lighted artificial turf field, a 400M track with open space for field events, and lighted tennis courts. The project is proposed in several phases and will also include the constmction of +/- 1,002 parking spaces (687 displaced spaces and 315 new spaces), relocating overhead power lines, constmcting a new loop road, walkways, access drives, stormwater management facilities, lighting and landscaping. Ithaca College, Owner/Applicant; Richard Couture, Agent. The Planning Board will continue its discussion regarding the adequacy of the DEIS at its January 8, 2008 meeting. Reviews for Zoning Board (ZBA): Seven applications for the Zoning Board were processed since the December report, resulting in seven variances granted with conditions as follows. The ZBA also approved dates for its January and Febmary 2008 meetings (Jan. 28^*^ and Feb. 25^"^, 2008), and recommended that the Town Board reappoint Kirk Sigel as Chair of the ZBA for 2008. December 17, 2007 ZBA Meeting: GRANTED - ADJOURNED APPEAL of Sheri Johnson Henry and James R. Henry, Owners/Appellants, requesting variances from the requirements of Chapter 270, Article IX, Sections 270-73(B) and (C) of the Town of Ithaca Code to create a lot by subdivision, located at - January 7, 2008 Town Board Meeting 1020 Hanshaw Road, Town of Ithaca Tax Parcel No. 71-1-66.2, Medium Density Residential Zone (MDR). The parcel has insufficient lot widths at the street and at the required front yard setback for parcels in the MDR Zone. GRANTED - APPEAL of Nathaniel Greenspun, Tom Greenspun, and Barbara Gizewski, Owners/Appellants, requesting variances from the requirements of Chapter 270, Article VI, Section 270-34(C) of the Town of Ithaca Code, to create two lots by subdivision, located on Bostwick Road, Town of Ithaca Tax Parcel No. 32-2-3.22, Agricultural Zone. The parcels received Subdivision approval by the Town of Ithaca Planning Board on November 27, 2007. Both lots have insufficient lot widths at the maximum required front yard setbacks for parcels in the Agricultural Zone. GRANTED - APPEAL of Harold Bierman Jr., Owner/Appellant, requesting a variance from the requirements of Chapter 270, Article IX, Section 270-71 (A) of the Town of Ithaca Code, to be pennitted to construct a building addition located at 109 Kay Street, Town of Ithaca Tax Parcel No. 71-1-46, Medium Density Residential (MDR) Zone. The proposed addition will encroach into the minimum 25-foot front yard setback required for buildings in the MDR Zone. [PLEASE NOTE: The following four appeals relate to the 1985 "Forest Home Highland Subdivision" on Fairway Drive, in which the Town of Ithaca Planning Board erroneously granted waivers forfour lots to have insufficient lot widths at the street line and at the front yard setback line. The Planning Board did not have the legal authority to grant the dimensional waivers from the Zoning Code. Therefore, these four appeals are being sponsored by the Town of Ithaca on behalfof the owners to correct the 1985 error]: GRANTED - APPEAL of Chen Jian & Zhihong Chen, Owners/Appellants, Town of Ithaca, Agent, requesting variances from the requirements of Chapter 270, Article IX, Sections 270- 73(B) and (C) of the Town of Ithaca Code, to be permitted to maintain a home on a parcel with insufficient lot width at the street and at the maximum required front yard setback line, located at 12 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3-3.521, Medium Density Residential (MDR) Zone. The Planning Board, in 1985, erroneously granted a "waiver" to allow lots 6, 7, 8, and 9 (now 12, 14, 15, and 17 Fairway Drive) to have less than the permitted lot widths at the street and at the required front yard setbacks. GRANTED - APPEAL of Robert & PhyllisAnne DiPaola, Owners/Appellants, Town of Ithaca, Agent, requesting variances from the requirements of Chapter 270, Article IX, Sections 270- 73(B) and (C) of the Town of Ithaca Code, to be permitted to maintain a home on a parcel with insufficient lot width at the street and at the maximum required front yard setback line located at 14 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3-3.522, Medium Density Residential (MDR) Zone. The Planning Board at the time erroneously granted a "waiver" to allow lots 6, 7, 8, and 9 (now 12, 14, 15, and 17 Fairway Drive) to have less than the permitted lot widths at the street and at the required front yard setbacks. GRANTED - APPEAL of Karel V. & Cynthia Lynn Sedlacek, Owners/Appellants, Town of Ithaca, Agent, requesting variances from the requirements of Chapter 270, Article IX, Sections 270-73(B) and (C) of the Town of Ithaca Code, to be pennitted to maintain a home on a parcel with insufficient lot width at the street and at the maximum required front yard setback line Town of Ithaca Planning Director's Report "' Januar)' 7, 2W8 Town Board Meeting . .. located at 15 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3-3.523, Medium Density Residential (MDR) Zone. The Planning Board at the time erroneously granted a "waiver" to allow lots 6, 7, 8, and 9 (now 12, 14, 15, and 17 Fairway Drive) to have less than the permitted lot widths at the street and at the required front yard setbacks. GRANTED - APPEAL of Michele Bailey, Owner/Appellant, Town of Ithaca, Agent, requesting variances from the requirements of Chapter 270, Article IX, Sections 270-73(B) and (C) of the Town of Ithaca Code, to be permitted to maintain a home on a parcel with insufficient lot width at the street and at the maximum required front yard setback line located at 17 Fairway Drive, Town of Ithaca Tax Parcel No. 66-3-3.524, Medium Density Residential (MDR) Zone. The Planning Board at the time erroneously granted a "waiver" to allow lots 6, 7, 8, and 9 (now 12, 14, 15, and 17 Fairway Drive) to have less than the peimitted lot widths at the street and at the required front yard setbacks. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COO: The Committee met on December 19, 2007 and continued discussion regarding comments received from the public regarding the proposed amendments to the Lakefront Residential Zone and continued review of a proposed local law regarding illicit discharges, activities and connections to municipal separate storm sewer systems. The Committee approved revised amendments to the Lakefront Residential Zone to be sent to the Town Board (for the February meeting). The next COC meeting is scheduled for January 16, 2008. Tentative agenda items include continuation of review of proposed State mandated regulations regarding illicit discharges into municipal separate storm sewer systems, possible revisions to the local laws regarding stormwater management, proposed 2008 meeting schedule, and proposed 2008 work plan priorities. A public information meeting regarding the proposed stormwater management laws was held by staff of the Planning and Engineering Departments on December 11, 2007. Although not heavily attended, several comments and suggestions were raised at the meeting. These will be reported to the Codes & Ordinances Committee at the January 16^'' meeting. ITCTC Joint Planning and Policv Committee: The Planning and Policy Committees of the Ithaca-Tompkins County Transportation Council (ITCTC) met on December 18, 2007 at their Joint Meeting. Agenda items included election of officers for 2008. Bill Gray was elected to continue as Chair of the Planning Committee for 2008, and Dan Kwasnowski (Town of Dryden) was elected as Vice-Chair for 2008. Mayor Carolyn Peterson was elected as Chair of the Policy Committee for 2008, and Dooley Kiefer was elected as Vice-Chair for 2008. Other agenda items included approval of the 2008 meeting schedule, a presentation regarding New York State DOT'S 20-Year Transportation Needs Assessment by Astrid C. Glynn, DOT's new Commissioner, and the Route 96 Corridor Study. (See below for update on Route 96 Study). The next meeting of the Planning Committee will be held on February 12, 2008 at 10:00 a.m. oi lif.i/ca Phinnmy January 7 200^ Town Board Met Cornell University Community Support Initiative - Transportation: The ITCTC Planning Committee established a sub-committee to recommend a list of potential transportation projects/programs that could be funded under Cornell's recently announced Community Support Initiative. The sub-committee, consisting of representatives from the City and Town of Ithaca, ITCTC, Tompkins County, Town of Dryden and Cornell University, met on December 17, 2007. Tentative transportation projects identified in the Town of Ithaca that could qualify under the Cornell funding program include: 1) North Campus Gateway Improvements: Examples of elements of this project would include construction of a new connector road around A-Lot from Pleasant Grove Road toward campus, enhanced Gateway treatments, such as new signs and possibly a Visitor Center or booth, re-alignment of intersections to encourage vehicle movements toward campus, relocation of stop signs as necessary. This is based on recommendations of the North Campus Gateway Committee and is addressed in the Cornell University Draft Campus Master Plan. 2) Construction of a Bicycle/Pedestrian path through Cornell property from Hanshaw Road (across from Salem Drive) approximately following the alignment of Blue Grass Lane, and crossing Warren Road and Pleasant Grove Road into North Campus. This is part of the proposed "Sapsucker Woods to Cornell University Path" designated in the Town of Ithaca "Park, Recreation & Open Space Plan" and in the Town of Ithaca Transportation Plan (designated on Map 11 "Prioritized Pedestrian Corridor Needs" and Map 12 "Prioritized Bicycle Corridor Needs"). This is also consistent with the recommendations in the Cornell Draft Campus Master Plan, and would connect with the walkway that will be constructed along Hanshaw Road (from Cayuga Heights to Salem Drive) as part of the Tompkins County reconstruction project. 3) Remainder of Hanshaw Road Walkway from Salem Drive to Sapsucker Woods Road: This would add the portion of the walkway along Hanshaw Road from Salem Drive to Sapsucker Woods Road that was originally proposed by Tompkins County as part of the Hanshaw Road reconstruction project. This portion of the walkway was deleted from the County project due to lack of sufficient Federal and State funds. Funding of this remainder of the walkway within the Hanshaw Road project area would enhance pedestrian safety, and would provide additional pedestrian connections from the Northeast residential area to the Cornell campus. This portion of the walkway is designated in the Town of Ithaca Transportation Plan (Map 11 "Prioritized Pedestrian Corridor Needs"). 4) Pedestrian/Bicycle path connection from East Ithaca Recreation Way to Route 366 Intersection: Construction of the short connection from the East Ithaca Recreation Way (at the bridge over Pine Tree Road) to the Route 366/Pine Tree Road intersection. Completing this short connection would greatly enhance pedestrian and bicycle safety and provide a more formal direct link from the Recreation Way into the Cornell campus. This project has already been discussed by the Town of Ithaca and Cornell University. 5) Pine Tree Road Reconstruction: This is also being proposed by Tompkins County. It was proposed for the most recent TIP, but was not approved by NYS DOT. This is an Town of Ithaca Planning Director's Repoirim^^i January 1, 2008 Town Boq^4 Meetingli" essential vehicular commuter connection from the heavily travelled NYS Route 79 to the Cornell campus. The project would include sidewalks, bicycle lanes, crosswalks at appropriate locations, as part of the road reconstruction project. This would have to be a context sensitive design that would address the neighborhood livability issues in this residential area. 6) Forest Home Traffic Calming Improvements: The Town is currently working with the Forest Home neighborhood on finalizing recommendations in the Forest Home Traffic Calming Plan. At the same time, Tompkins County will be rehabilitating the upstream Forest Home Bridge (included in the 2007-2012 TIP). This provides an opportunity for the Town of Ithaca to work with Forest Home, Tompkins County and Cornell University on prioritizing traffic calming improvements in the Forest Home neighborhood to enhance safety for pedestrians, bicyclists, and vehicles in the context of preserving the character of the historic neighborhood. Conservation Board: The Conservation Board met on January 3, 2008. Agenda items included committee reports and updates, discussion of the Interim Report on an Environmental Assessment of Lands Adjacent to Sapsucker Woods, work plan priorities for 2008, and committee assignments for 2008. The next meeting is scheduled for February 7, 2008. Route 96 Corridor Management Studv: The participating municipalities and the County have selected a preferred consultant, and are in the process of negotiating a contract for the study. The consultant's scope of services came out to a higher cost than the participating municipalities had estimated. Representatives from Tompkins County attended the December 18, 2007 Joint Meeting of the Planning and Policy Committees of the Ithaca-Tompkins County Transportation Council (ITCTC), and requested that ITCTC contribute funds representing the difference between what the participating municipalities had agreed upon ($49,000) and the consultant's cost estimate ($62,200). The ITCTC Policy Committee agreed to contribute an additional $15,000 from existing carryover funds to make up the difference in the cost of the study to ensure that a full project scope can be accommodated. The starting date for the study is January 2008 with completion anticipated by the end of 2008. Mavor's Housing Forum and Housing Trust Group: The Housing Trust Group, consisting of representatives from the Town and City of Ithaca, Tompkins County, Better Housing for Tompkins County, Ithaca Neighborhood Housing Services (INHS), Rural Opportunities, Inc., Tompkins County Area Development (TCAD), met on December 19, 2007 as part of the Mayor's Housing Forum to present and discuss a recommendation regarding the establishment of a Community Housing Trust and a Housing Affordability Fund, which were priorities stated in the Housing Strategy for Tompkins County, and how these housing priorities could fit into the Cornell University Community Support Initiative for Housing. Additional elements of the proposal include a set of Guiding Principles, an Employer Assisted Housing Program, Rental Housing Development, and Tax Exempt Bond Financing. Training of Planning and Zoning Board Members: The Director of Planning and Human Resources Manager met to discuss the mandatory training program for Planning and Zoning Board members. Records of all training credits obtained during 2007 were tumed over to the Human Resources Manager. In summary, all current Planning and Zoning Board members continuing in 2008 W^ivH^of JihacdPtdnning Director's Report Wanuary 7. 2008 Town Board Meeting obtained at least the minimum of four hours of qualifying training in 2007. Several members accumulated more than the minimum required four hours, and will be able to carry those excess hours into 2008 to meet future training requirements. While the Planning Department will continue the direct communications with Planning and Zoning Board members regarding ongoing training credits and programs, the Human Resources Office will take on the responsibility of logging and tracking credit hours obtained by each board member. Town of Ithaca Code Enforcement Monthly Report 12/1/07 Until 12/31/07 Building Permits BP#Date Value Description fee category 7028 12/3/2007 $1,500.00 2 freestanding pilings 12 feet from dock $25.00 miscellaneous 7029 12/4/2007 $12,000.00 112 square foot freestanding photovoltaic system $60.00 miscellaneous 7030 7032 12/6/2007 2/11/2007 $18,712.23 $2,700,000.00 252 square foot enclosed porch to replace existing 168 square foot screened porch Construct 2 classrooms and passageway $60.00 $2,000.00 additions to residential business 7032 2/11/2007 $2,700,000.00 Construct 2 classrooms and passageway $2,000.00 business 7031 2/11/2007 $12,895.00 Storage shed $60.00 miscellaneous 7033 2/13/2007 $46,357.00 Install new siding, replacement windows over 50% & construct roof over entrance $100.00 renovations to residential 7034 2/17/2007 $17,300.00 Demolish fire damaged home $60.00 miscellaneous 7035 2/19/2007 $3,500.00 Extend existing deck four feet $35.00 renovations to residential 7036 2/20/2007 $29,900.00 Add fire sprinkler system to two-family home $70.00 renovations to residential 7038 2/26/2007 $5,001.00 Repair foundation wall $45.00 renovations to residential 7037 2/26/2007 $12,000.00 Convert basement into habitable space $60.00 renovations to residential 7039 2/26/2007 $400,000.00 New 4 bedroom, single-family home with attached 2-car garage $850.00 new single-family homes 7040 2/31/2007 $200,000.00 Remodel Suite 200 office & manufacturing space used by Goodrich Corp $550.00 business Totals $6,159,165.23 1 $5,975.00 Certificates of Occupancy BP # Address 6998 1002 DanbyRd 6985 1201 Danby Rd 6955 10 Chase Ln Wednesday, January 02,2008 Description Re-roof, add 1 dormer & 2 skylights CO Temp 12/3/2007 □ 12/5/2007 0 Construct 400 sq ft storage shed addition 12/11/2007 □ Update interior finishes and bring facilities into ADA Compliance Page 1 Town of Ithaca Code Enforcement Monthly Report 12/1/07 Until 12/31/07 6677 211 Park Ln New 3 bedroom single family with finished walkout and 2 car garage 12/11/2007 0 6992 341 Pine Tree Rd Interior Office Modifications - demolition Phase 1 12/12/2007 6073 1465 Mecklenburg Rd Renovations basement level single- family home 12/19/2007 0 6894 133 Glenslde Rd Addition to single-family home 12/20/2007 0 6303 207 Eldrldge CIr New 4 bedroom home with attached 2 car garage 12/21/2007 □ 7026 11 Apple Blossom Ln Add roof over front porch and finish basement 12/27/2007 0 6999 341-3 Strawberry Hill Cir Kitchen remodel 12/28/2007 □ i Complaints Date Address Complaint Type Disposition 12/3/2007 358-2 KingRdW building code Abated 12/10/2007 107 Pine Tree Rd building code Pending 12/10/2007 253 HaytsRd fire Pending 12/11/2007 162B TroyRd electrical certificate Other 12/7/2007 618 Elmira Rd water/sewer/septic Other Existing Building CO Field Visits Building Code Complaint/Investigation Fire Safety Fire Emergency Total 57 4 1 2 64 Wednesday, January 02,2008 Page 2 01/02/2008 09:13:40 TOWN OF ITHACA B2110 - B2110 Transaction Report For the period 12/01 /2007 through 12/31 /2007 Type Date Comment Name Quantity Fee B2110 60.00l.BP 12/03/2007 72.-1-27 THOMAS, JAMES 1 2. BP 12/04/2007 44.-1 »-4.35 FRANZISKA BACKER 1 70.00 CENTER 3.BP 12/06/2007 39.-1-1.1 SOUTH HILL BUSINESS 1 550.00 CAMPUS 4.BP 12/10/2007 72.-1-1.187 GILLESPIE, GRAHAM 1 45.00 5. BP 12/12/2007 72.-1-1.106 LEVY, ANN 1 60.00 6. BP 12/13/2007 44.2-2-5 HERITAGE PARK 1 700.00 TOWNHOUSES 7.BP 12/17/2007 38.-3.11.1 SUNNY BROOK BUILDERS 1 60.00 8.BP 12/18/2007 39.-1-1.2 SOUTH HILL BUSINESS 1 200.00 CAMPUS 9.BP 12/20/2007 28.-1-34.42 BENTLEY, MARY 1 60.00 10. BP 12/26/2007 71.-1-4 CROWN CONSTRUCTION 1 70.00 10 1,875.00 ll.BPE 12/06/2007 21.-2-26 MENNEN, RICHARD AND 1 87.50 SALLY /^.BPE 12/18/2007 66.-6-2 CRANE, BRIAN 1 50.00 BPE 12/20/2007 66.-3-3.13 EASTWIND BUILDERS 1 175.00 .BPE 12/28/2007 27.-1-1312, 13.-162 CONIFER REALTY 1 1,500.00 1,812.50 15.FSI 12/27/2007 24.-3-4 PROFESSIONAL BUILDING 1 110.00 ASSOC. 110.00 16.0P 12/20/2007 64.-1-1 CORNELL UNIVERSITY 1 100.00 1 100.00 17.TC0 12/05/2007 36.-3-1.1 ITHACA JEHOVAH'S 1 100.00 WITNESSES 18.TC0 12/11/2007 56.-3-26.5 SCOTT W FLATT BUILDING 1 275.00 CO 19.TC0 12/12/2007 62.-2-1.121 CORNELL UNIVERSITY 1 100.00 20.TCO 12/19/2007 28.-1-3.3 CUTLER, MICHELE 1 50.00 21.TC0 12/20/2007 30.-2-1 BRENNER, CLAUDIA 1 100.00 22.TCO 12/27/2007 33.-3-8.11 WELLS, JAMES 1 35.00 660.00 23.ZBM 12/13/2007 62-1-3.2 1093 GROUP, LLC 1 100.00 24.ZBM 12/19/2007 63.-1-5,63.-1-8.1,-8.2 CORNELL UNIVERSITY 1 100.00 25.ZBM 12/20/2007 28.-1-34.42 BENTLEY, MARY 1 100.00 3 300.00 Total Sales 25 4,857.50 Page: 1 Town Engineer's Report for 1/8/2007 Town Board Meeting TOMPKINS COUNTY EMERGENCY PLANNING COMMITTEE The Town Engineer is the Public Officials Representative member of the Emergency Planning Committee. I serve on the Public Works Sub-Committee and the Public Officials sub committee. The Public Officials Sub-committee is charged with developing the means to provide information to the officials in the county municipal governments regarding emergency management programs in the county. The sub-committee will meet in January to develop plans for a public officials conference for early 2007. EARTH FILL PERMITS No earth fill permits were issued in December 2006. WATER PROJECTS Trumansburg Road Water Main Improvements Final design is is being completed for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive. This project has been on the capital plan for construction in 2007. The Hanshaw Road water main replacement design and contract documents are being completed and will be reviewed by the public works committee, prior to bring the plan to the Board for authorization to bid the project. The project has been on hold until the County has finalized a construction schedule for the Hanshaw Road reconstruction project. SEWER PROJECTS Sewer Joint Committee There was no SIC meeting in December. Joint Interceptor Sewer Projects Construction of the interceptor sewer on Aurora Street between Hudson Street the block above Prospect Street was completed in October. Work will be started on the remainder of Aurora Street in the spring when rehabilitation of the Aurora Street bridge begins. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan for t he Northeast area. A public meeting was held on December 6th and information gathered from the residents is being used in the development of alternative solutions for the drainage problems. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. Most of the site work has been completed and restored. TOWN ENGINEERS REPORT 12/11/2006 WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase 11 improvements is complete except for final pavement. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. Deeds and easements for the road and utilities are also being finalized. WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. Phase 11 work on the project has begun with clearing of the road area. OVERLOOK ON THE WEST HILL Most of the site restoration and Landscaping work has been completed. The Engineering staff is monitoring the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION Demolition of the old Biggs A building was delayed and final site restoration will be completed in the spring. The primary hard fill disposal area at the old power plant site has been filled and covered and is being protected by the required sediment and erosion control measures. Placement of hard fill at the secondary fill area has is being monitored by the Engineering Department. Town Engineer's Report January 8,2007 Daniel R. Walker Page 2 1/3/2008 e yil View Favoiites JooIj Help Town of Ithaca, NY i Government ^ Services ^ Communily [►Contact Vebsite letwork Network/Record Specialist Report January 8, 2007 New Page: 2007 Final Budget Site of tine Montli page: Cayuga Lake Waterslned Network MS Office 2003 upgrade for Town Hall computers has begun. New firewall appliance installed at Town Hall & Public Works. New wireless access points (WAP) installed in Town Board room, Tioga and Aurora conference rooms and Employee lounge in Town Hall, More details about how to use this new technology in next month's report or contact Lisa with specific questions. hdditional: Chief Justice Judith Kaye of The State of New York Unified Court System release a report last November called "Action Plan for the Justice Courts". The Action Plan announces dozens of new initiatives and programs falling across four broad areas: court operations and administration; auditin and financial control; education and training; and facility security and public protection. The most significant change as it relates to Information Technology is that all Justice Courts will be integrated into the Office of Court Administration's (OCA) Division of Technology service system. OCA will equ and support, at State expense, the following technologies: Desktop computers, printers, internet connectivity, credit card machine and dedicated connection, fax machine, all desktop software and digital recording devices. The report also stated that OCA will assume all central responsibility for supporting software and hardware. Essentially, the Town's Network/Record Specialist will no longer provide technology support for the Town Court and their technology budget will no longer be the responsibility of the Town of Ithaca. Please contact Justice Klein for more specific information as it relates to other areas of this report.