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HomeMy WebLinkAboutTB Minutes 2008-02-11Final Regular Meeting of the Ithaca Town Board Monday, February 11, 2008 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature 4. Report of City of Ithaca Common Council 5. 6:00 p.m. - Persons to be Heard and Board Comments Unfinished Business 6. Consider and approve Town of Ithaca Board Protocol and Procedures Manual Reguiar Business 7. 2007 Annual Reports of Town Officials 8. Consider acceptance of Town Justices' Annual Reports 9. 6:15 p.m. Public Hearing Re: a. 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" b. A LOCAL LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," to add Stormwater Plan Submission Requirements A LOCAL LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," to add Stormwater Plan Submission Requirements c. A LOCAL LAW amending Chapter 234 of the Town of Ithaca Code titled, "Subdivision of Land," to add Stormwater Pollution Prevention Plan Submission Requirements 10. SEQR regarding LOCAL LAWS 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"; amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," to add Stormwater Plan Submission Requirements and amending Chapter 234 of the Town of Ithaca Preliminary - January 31. 2008 22. Consider approval of Kevin Talty as Alternate to the Planning Board 23. Consider water and sewer benefit assessment(s) refund Final Code titled, "Subdivision of Land," to add Stormwater Pollution Prevention Plan ^ ^ Submission Requirements 11. Consider adoption of 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" 12. Consider adoption of a LOCAL LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," to add Stormwater Plan Submission Requirements A LOCAL LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," to add Stormwater Plan Submission Requirements 13. Consider adoption of a LOCAL LAW amending Chapter 234 of the Town of Ithaca Code titled, "Subdivision of Land," to add Stormwater Pollution Prevention Plan Submission Requirements New Business 14. Resolution of sympathy for Bud Larkin 15. Consider Conservation Board resolution recommending extending the development moratorium in the Northeast part of the Town for several additional months. ' ^ 16. Consider referring the proposed Lakefront Residential Zone amendments to the Planning Board for a recommendation 17. Authorize Town Supervisor to sign release of temporary easement for Chase Lane 18. Set Public hearing to update Vehicle and Traffic section of Town Code for Stop and Yield signs 19. Consider Petition to lower speed limit in school zone on East King Road 20. Consider and approve Warren Road Walkway maintenance and responsibility 21. Consider approval of Specifications and provide authorization to solicit bids for the purchase of a new medium duty dump truck r ^ / \ Preliminary - January 31, 2008 Final ' ^ 24. Consider approval of capital project for miscellaneous plant improvements at the Ithaca Area Wastewater Facility 25. Consent Agenda a. Town of Ithaca Abstract b. Bolton Point Abstract c. Approval of Minutes of the Previous Meeting d. 2007 year-end budget transfers and amendments e. Approval of permanent appointment - Account Clerk Typist - SCLIWC f. Approval of increased Human Resources Manager standard work week g. Change term of office for Ethics Board Appointee, Jennifer Terpening h. Approval of revisions to the Travel & Training Policy 26. Report of Town Committees 27. Report of Intermunicipal Organizations 28. Executive Session to discuss collective negotiations with Teamsters Local 317 and a proposed acquisition of real property 29. Review of Correspondence ^ 30. Consider Adjournment Preliminary - January 31, 2008 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 I 1 Zv / 1 /Is/l y^=P^^Q6hCfrsU\^ / rs ¥ ^ 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: NOTICE OF PUBLIC HEARINGS 1 - LL deleting Chapter 228 Stormwater Management & creating new Chapter 228 Stormwater Management and Erosion and Sediment Control 2 - Amend Chapter 270 to add stormwater plan submission requirements 3 - Amend Chapter 234 to add stormwater poliution prevention plan submission requirements ^ Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Monday, January 14, 2008 Date of Publication: Saturday, February 2,2008 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 2"^ day of February, 2008. Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County Commission Expires December 26. r>^'V i *<¨ ¨) TOWN OF ITHACA NOTICE OF PUBUC HEARINGS NOTICE IS HEREBY GIV EN that the Town Board of the Town of Ithaca will hold a public hearing on Monday, February 11, 2008 at 6:15 p.in. at the Town Holl located of 215 North Tioga Street, Ithoco, NY for the purpose of considering three Local lows as described below: 1. A LOCAL LAW DE LETING CHAPTER 228 OF THE TOWN OF ITHACA CODE, TfTlED •■STORMWATER MAN AGEMENT,' AND ADDING A NEW CHAPTER 228 TITLED TSTORMWATER MANAGEMENT AND ERO SION AND SEDIMENT CONTROL" 2. A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING," TO ADD STORMWATER PLAN SUB- MISSION REQUIREMENTS 3. A LOCAL LAW AMENDING CHAPTER 234 OF THE TOWN OF ITHACA CODE, TITLED ■SUBDIVISION OF LAND," TO ADD STORMWATER POLLU TION PREVENTION PLAN SUBMISSION REQUIRE MENTS FURTHER NOTICE IS GIVEN that at such timeond place all persons inter-eslea in the proposedomendment may be heardconcerning the some; and furiher NOTICE IS GIVEN that acopy of the Local laws ore on file at the Town Clerk'sC^ce and available forreview during regular office hours, Mondaythrough Friday, 6 a.m. to 4 p.m.; and furiher NOTICE IS GIVEN tiratall persons interested inthe application may be heard concerning thesame; Individuals with visu al or heoring impairmentsor other special needs willbe provided with assistance as necessory, uponrequest. Indlviduob desiring assistance, must make0 request to the Town Clerk not less than 48hours prior to the time ofthe public hearing. Karen M. Billings, Town ClerkJanuary 14, 2008 2/2/08 Regular Meeting of the Ithaca Town Board Monday, February 11, 2008 at 5:30 p.m. 215 Tioga Street, Ithaca, NY 14850 Those Present Supervisor Engman, Councilman Burbank, Councilman Stein, Councilwoman Leary, Councilman Cowie, Councilman Goodman, 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. Others Stephen Wagner, 112 Sapsucker Woods Rd; Linda and Bob Terry, 925 Taughannock Blvd; Larry Fabbroni, 1 Settlement Way; Joe Francis, 865 Taughannock Blvd; Don Smith, West Shore Homeowners Association; Paul Fairbanks, 935 Taughannock Blvd; Bob Barsoff, 1007 Taughannock Blvd; Male Speaker; 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 - Report of Tomokins County Legislature Tim Joseph, County Legislator, appeared before the Board and gave his report. He reported that the Governor's budget proposes to shift expenses to Counties. • The impact of the proposed budget on Tompkins County would be $500,000, if changes in current policy are not made. The Governor has authorized County Clerk fees to be Increased to offset the additional expenses. • The County would also have to return to performing annual reevaluations of assessments because the Governor is proposing to eliminate the aid for 3- year assessments. • The aide to TC3 decreased by $100,000. • Change in the traditional split in welfare costs. (2% shift) up for counties; down for the state. It will cost the County approximately $86,000 for 2008. • Juvenile detention: Currently County and State split costs 50/50. The proposal is to have the counties entirely responsible. Mr. Joseph offered to answer questions from the Board. Councilman Burbank asked how the County was going to respond. Mr. Joseph replied that they are working with _ NYSAC (New York State Association of Counties). ' ^ Supervisor Engman thanked Mr. Joseph for his report. FINAL Minutes - February 11, 2008 Agenda Item No. 4 - Report of City of Ithaca Common Council f \ I \ No report. Agenda Item No. 6 - Consider and approve Town of Ithaca Board Protocol and Procedures Manual Supervisor Engman asked if anyone had any comments on the manual. There were none. Councilman Stein moved and Councilman Cowie seconded the resolution. Carried unanimously. TB RESOLUTION NO. TB 2008-041: Approve use of Board Protocol and Procedures Manual RESOLVED, the Town Board of the Town of Ithaca does hereby approve the use of the Board Protocol and Procedures Manual as the rules of Its procedures for the Town Board as authorized by Town Law Section 63. MOVED: Councilman Stein SECONDED: Councilman Cowie ' I \ VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Agenda Item No. 7 - 2007 Annual Reports of Town Officials (See Attachment #1) Supervisor Engman asked if there were any questions or comments regarding the reports. Mr. Kanter commented that the review of the 1993 Comprehensive Plan was one of the Planning Department's biggest accomplishments. Looking ahead for 2008, the top priority is the update of the Plan. Supervisor Engman wondered why there was a lot of overtime for parks and Town Hall. Mr. Noteboom responded it is for snow removal - parking lot, sidewalks, walkways. As there were no further comments. Supervisor Engman thanked everyone for the reports. Agenda Item No. 8 - Consider acceptance of Town Justices' Annual Reports (See Attachment #2) t \ Page 2 of 30 FINAL Minutes - February 11, 2008 Councilman Burbank wanted to know why there was a disparity between Klein and Salk and the answer pertains to the scheduling. Judy said that the scheduling is up to the officers. Councilman Stein wanted to know if there is a big problem and Judy said that it imposes more work on one Clerk over the other. They get tickets from Ithaca College, Cornell, State Police, and Sheriffs Department - the officer writing the ticket chooses the court date. Supervisor Engman said this is a perennial issue, but there did not seem to be much of a solution. He noted that there is a considerable amount of money brought in by the court for fines. Agenda Item No. 14 - Resolution of sympathy of Bud Larkin Supervisor Engman read the proposed resolution to the Board. Councilman Burbank moved and Councilman Stein seconded the resolution. Carried unanimously. TB RESOLUTION NO. 2008-042: Resolution of Sympathy and Condolences to the Family of Clarence Larkin WHEREAS, Clarence Larkin was elected to serve the residents as a Town of Ithaca Justice starting January 1, 1994; and ! \ , WHEREAS, Clarence Larkin was elected to serve three consecutive four year terms; and WHEREAS, the Town of Ithaca has greatly benefited from Clarence Larkln's thoughtful consideration, intelligence, time, energy and his desire to serve our community in order to make It a better place to live; now THEREFORE BE IT RESOLVED that the Town Board of the Town of Ithaca, wishes to express on behalf of the Town, Its employees, and its citizens, our sincere and deepest sympathies and condolences to Clarence Larkln's family. MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Agenda Item No. 17 - Authorize Town Supervisor to sian release of temporarv easement for Chase Lane Mr. Noteboom explained the Town had a temporary easement to use the driveway at , the last house on Chase Lane for a snowplow turn around until the road was extended. The road has been extended so the temporary easement is no longer needed. Page 3 of 30 ! \ i > FINAL Minutes - February 11, 2008 Councilman Cowie moved and Councilman Levine seconded. Carried unanimously. TB RESOLUTION NO. 2008-043: Consider Authorizing Town Supervisor to Sign the Release of Temporary Easement on Chase Lane Be it hereby resolved that the Town Board of the Town of Ithaca agrees to the release of the temporary easement on Chase Lane and agrees to the Town Supervisor signing the reiease. MOVED: Councilman Cowie SECONDED: Councilman Levine VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Counciiman Cowie, aye; Councilwoman Leary, aye; Counciiman Levine, aye; Councilman Goodman, aye. Carried unanimousiy. Agenda Item No, 18 -- Set public hearing to update Vehicle and Traffic section of Town Code for Stop and Yield signs Mr. Noteboom explained that the stop signs and yield signs need to be updated every few years. The iast update was in 2005 and there have been some changes since then. The board needs to set a pubiic hearing to update the iocai law. Supervisor Engman suggested Monday, March 8, 2008 at 6:15 p.m. for the public hearing. Counciiman Goodman moved and Counciiman Cowie seconded. Ms. Brock corrected the Chapter name so that it wouid read, "Vehicles and Traffic" in the titie and body of the resoiution. Supervisor Engman called for a vote with no further discussion. Carried unanimousiy. TB RESOLUTION NO. 2008-044: Set Public Hearing to Update Vehicles & Traffic Section of Town Code for Stop and Yield Sians BE iT RESOLVED, that the Town Board of the Town of Ithaca hereby sets a public hearing to take place on Monday, March 10, 2008 at 6:15 p.m. for the purpose of hearing pubiic comment regarding a proposed LOCAL LAW to update the Vehicles & Traffic Section of the Town of Ithaca Town Code for stop and yield signs and requests that the Town Clerk advertise and make avaiiable for public inspection a copy ohhe proposed Locai Law. MOVED: Councilman Goodman SECONDED: Councilman Cowie ' \ / * Page 4 of 30 FINAL Minutes - February 11, 2008 VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Counciiman Stein, aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Agenda Item No. 19 - Consider petition to lower speed limit in school zone on East King Road (See Attachment #3) Supervisor Engman explained the board would submit a request to the County. The County would then request the State to lower the speed limit. The State makes the determination on whether or not to lower the speed limit. Councilman Burbank moved and Councilman Stein seconded. Councilman Levine asked if Montessori School was a non-profit entity. Councilman Burbank believed it was non-profit. Counciiwoman Leary confirmed the current speed limits. Councilman Stein explained that the State uses a formula to determine whether or not to lower the speed limit. Councilman Burbank added the Town has supported the effort of giving Towns the ability to make speed limit decisions. The board discussed school zone speed limits. The speed limits vary between 15 and 35 mph. Supervisor Engman called for a vote on the resolution. Carried unanimously. TB RESOLUTION NO. 2008-045: Petition to Lower Speed Limit in School Zone on East King Road WHEREAS, the Town of Ithaca has received a request from representatives of the Elizabeth Ann Ciune Montessori School of Ithaca and the parents of children who attend the school to approve a "school speed zone" on E. King Road, and; WHEREAS, the request is being made by the school administrators because the school has buildings on both sides of the road and teachers and students must cross the road throughout the day; and WHEREAS, the Public Works Committee has reviewed and supports this request, and now therefore be it, RESOLVED, the governing Town Board of the Town of Ithaca does hereby request that Tompkins County Highway Manager forward to the New York State Department of Transportation Traffic Safety Division a request to establish a 15 MPH speed limit on E. , King Road in the area of the Elizabeth Ann Ciune Montessori School of Ithaca. MOVED: Councilman Burbank Page 5 of 30 FINAL Minutes - February 11, 2008 SECONDED: Councilman Stein f \ VOTE: Supervisor Engman, aye; Counciiman Burbank, aye; Councilman Stein, ' ^ aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimousiy. Agenda Item No. 5 - Persons to be Heard and Board Comments Persons to be Heard. Supervisor Engman Invited members of the public to address the board. Larry Fabbroni Mr. Fabbroni appeared before the board to ask that they not extend the moratorium for more than a month because it would affect their timetable with the Planning Board. He added that there was a lot of duplication in work being done on the project; they have completed similar studies and provided study results to Town staff. He urged board members to look at existing material objectively and asked to have open dialog with the board. Supervisor Engman thanked Mr. Fabbroni for his comments and mentioned that the agenda item before the board was discussion only. Joe Francis ^ \ Mr. Francis appeared before the board to ask if he owns a buildable lot. At the time of his purchase in 1993, the lot was buildable. The lot width at the road is 60 feet and approximately 20 feet at the shoreline. Supervisor Engman explained that Mr. Francis's question should be directed to Town staff and asked Mr. Francis to contact Christine Balestra to help him. Mr. Francis mentioned that his property does not have a dock. He wondered if he was permitted to build a dock. Supervisor Engman answered that Ms. Balestra would be the best person to talk to. Mr. Kanter added that Mr. Francis should bring his survey map with him when he meets with Ms. Balestra. Mr. Francis added that late in the summer the water depth decreases. He suggested there be a criteria of depth rather than a criteria of length for docks. Don Smith, West Shore Homeowners Association Mr. Smith appeared before the board on behalf of the West Shore Homeowners Association and read from a prepared statement. (See attachment #4) Mr. Smith further commented that West Shore pays more in property taxes than Cornell. In relation to property taxes, they rate number 3. He asked the board to work with the Association on dock regulations and send it back to the committee for further review. / ^ f ) Page 6 of 30 FINAL Minutes - February 11, 2008 ^ Paul Fairbanks Mr. Fairbanks commented that the waterline used in the regulations is based on the high waterline and that is not always the best figure to use. He suggested using the average between the high and low waterline. Mr. Fairbanks asked how the legislation was researched and what information was used to base the decisions upon. He further asked if roofs were allowed on boat hoists. Supervisor Engman reminded everyone that what is before the Town Board is a referral to the Planning Board; he then outlined the referral process. Bob Barsoff Mr. Barsoff appeared before the board and stated that he has been a resident of West Shore for 79 years. He felt that the Codes and Ordinances Committee, the board, and residents should get together and work on the legislation. Residents input should be taken into consideration. Male Speaker This gentlemen appeared before the board and spoke about his rights as a homeowner and taxpayer. He was outraged that the board would put restrictions on him, as a homeowner/taxpayer, on what he could or could not do with his boat. Supervisor Engman thanked everyone for their comments and stated that later in the \ meeting the board would be considering whether or not to refer the matter to the Planning Board for its recommendation. The legislation would then come back to the Town Board for further consideration. Patty Francis Ms. Francis asked to address the board. She wanted an expert to speak to the group to discuss water flow and depth for docks; someone who knows what they're talking about. Supervisor Engman responded that later in the meeting he will explain the history of the legislation. They have contacted many individuals and received their advice. Information was solicited from individuals who work on the lake and their advice was considered. Ms. Francis thought they ought to be able to work things out. Supervisor Engman thanked everyone for their comments. Agenda Item No. 9 - Public Hearings: a. 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" b. A LOCAL LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," to add Stormwater Plan Submission Requirements A LOCAL Page 7 of 30 FINAL Minutes - February 11, 2008 LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning," t > to add Stormwater Plan Submission Requirements I \ 0. A LOCAL LAW amending Chapter 234 of the Town of Ithaca Code titled, "Subdivision of Land," to add Stormwater Pollution Prevention Plan Submission Requirements Supervisor Engman opened the public hearings and invited members of the public to address the board. With no one interested in addressing the board, Supervisor Engman closed the public hearing. Agenda item No. 10 - SEQR regarding LOCAL LAWS 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": amending Chapter 270 of the Town of Ithaca Code titled. "Zoning." to add Stormwater Plan Submission Reouirements and amending Chapter 234 of the Town of Ithaca Code titled. "Subdivision of Land." to add Stormwater Pollution Prevention Plan Submission Reouirements (See attachment #5) Supervisor Engman stated it is a negative determination of environmental significance. Ms. Brock clarified that the SEQR covers all three proposed local laws. Councilman Stein moved and Supervisor Engman seconded the resolution. Carried ' ^ unanimously. ' ^ TB RESOLUTION NO, 2008-046: SEQR: Proposed Local Law deietina 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": amending Chapter 270 of the Town oftthaca Code, titled "Zoning", to add Stormwater Plan Submission Reouirements: and amending Chapter 234 of the Town of Ithaca Code, titled "Subdivision of Land." to add Stormwater Poiiution Prevention Plan Submission Reouirements WHEREAS, this action is the enactment of a iocai 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"; amending Chapter 270 of the Town of Ithaca Code, titled "Zoning" and Chapter 234 of the Town of Ithaca Code, titled "Subdivision of Land," for the purpose of adding Stormwater Poiiution Prevention Plan Submission Requirements; and WHEREAS, said proposed iocai law will impose requirements, related to stormwater management and erosion and sedimentation control, on land development activities that meet certain size thresholds, as specified in the law, including the development and implementation of plans to control/treat erosion and stormwater runoff in order to protect water quality and reduce damaging runoff rates and volumes; i requirements for insuring regular inspections of stormwater management and erosion i Page 8 of 30 FINAL Minutes - February 11, 2008 \ control measures; and requirements for the long term operation and maintenance of stormwater management measures; and WHEREAS, this Is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency in environmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a public hearing held on February 11, 2008, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts 1 and a for this action, prepared by Town Planning staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental impact Statement will be required. MOVED: Counciiman Stein SECONDED: Supervisor Engman VOTE: Supervisor Engman, aye; Counciiman Burbank, aye; Counciiman Stein, aye; Counciiwoman Leary, aye; Counciiman Cowie, aye; Counciiman Goodman, aye; Counciiman Levine, aye. Carried unanimously. Agenda Item No. 11- Consider adoption of 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" (see attachment #6) Supervisor Engman moved and Councilman Goodman seconded the resolution of adoption. Supervisor Engman asked If there were questions or comments. There being none, he called for a vote. Roll call - carried unanimously. TB RESOLUTION NO. 2008-047: Resolution Adopting "A LOCAL LAW DELETING CHAPTER 228 OF THE TOWN OF ITHACA CODE. TITLED 'STORMWATER MANAGEMENr. AND ADDING A NEW CHAPTER 228 TITLED 'STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL"' WHEREAS, it is in the public interest, and will minimize threats to the environment and to public health and safety, to regulate stormwater runoff from land development activities within the Town of Ithaca in order to control and minimize increases in stormwater runoff rates and volumes, provide for the recharge of groundwater resources, and control and minimize soil erosion, stream channel erosion, and nonpoint source pollution associated with land development activities; and WHEREAS, the Town of Ithaca is required to enact stormwater control measures for certain land development activities to comply with U.S. Environmental Protection Page 9 of 30 FINAL Minutes - February 11, 2008 Agency and New York State Department of Environmental Conservation requirements; ' ^ and ' ^ WHEREAS, the Town's Codes and Ordinances Committee ("CDC"), the Town's Planning, Engineering and Code Enforcement staff, and the Attorney for the Town have worked extensively on a local law to accomplish the above objectives and meet the federal and state requirements, and WHEREAS, on November 19, 2007, the Town Board referred the proposed local law to the Town of Ithaca Planning Board and Conservation Board for recommendations on whether to adopt said law, and WHEREAS, on December 6, 2007 the Conservation Board recommended that the Town Board adopt the proposed local law, and WHEREAS, the Planning Board held a public hearing open from December 4, 2007 through December 18, 2007 on the proposed local law, and on December 18, 2007, the Planning Board recommended that the Town Board adopt said law, and WHEREAS, on December 11, 2007, the Town of Ithaca held a public meeting for Interested persons and entitles to explain the proposed local law and receive feedback from the public on Its provisions, and WHEREAS, In January of 2008 the COC made additional changes to the proposed local law In response to the feedback the Town received at and after the December 11, 2007 public meeting, and ^ ^ WHEREAS, a resolution was duly adopted by the Town Board of the Town of ' ' Ithaca for a public hearing to be held by said Town on February 11, 2008 at 6:15 p.m. to hear all Interested parties on the proposed local law entitled "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'"; 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 ("SEQRA") and Its Implementing regulations at 6 NYCRR Part 617, adoption of said local law Is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency In an environmental review with respect to adoption of this local law, has on February 11, 2008 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town's Planning staff; NOW, THEREFORE, be It ^ ' i Page 10 of 30 FINAL Minutes - February 11, 2008 RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "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"', a copy of which is attached hereto and made a part of this resolution; and it Is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Supervisor Engman SECONDED: Councilman Goodman Roll Call Vote: Supervisor Engman - aye; Councilman Burbank- aye; Councilman Cowie - aye; Councilman Goodman - aye; Councilwoman Leary - aye; Councilman Levine- aye; Councilman Stein- aye; Carried unanimously. Agenda Item No. 12 - Consider adoption of a LOCAL LAW amending Chapter 270 of the Town of Ithaca Code titled, "Zoning." to add Stormwater Plan Submission Reguirements A LOCAL LAW amending Chanter 270 of the Town of Ithaca Code titled. "Zoning." to add Stormwater Plan Submission Reouirements (see attachment #7) Councilman Goodman moved and Councilman Levine seconded the resolution of adoption. Supervisor Engman asked if there were questions or comments. There being none, he called for a vote. Roll call - carried unanimously. TB RESOLUTION NO. 2008-048: Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE. TITLED 'ZONING.' TO ADD STORMWATER PLAN SUBMISSION REQUIREMENTS" WHEREAS, the Town's Codes and Ordinances Committee ("COC"), the Town's Planning, Engineering and Code Enforcement staff, and the Attorney for the Town have worked extensively on a local law to replace Chapter 228 of the Town of Ithaca Code with a new Chapter 228, titled Stormwater Management and Erosion and Sediment Control", and WHEREAS, the COC also prepared local laws amending Chapter 234 of the Town of Ithaca Code, titled "Subdivision of Land," and Chapter 270 of the Town of Ithaca Code, titled "Zoning," to add certain stormwater plans to the list of submission requirements for subdivisions and site plans, respectively, and WHEREAS, on November 19, 2007, the Town Board referred the proposed local laws to the Town of Ithaca Planning Board for recommendations on whether to adopt said laws, and WHEREAS, the Planning Board held a public hearing open from December 4, 2007 through December 18, 2007 on the proposed local laws, and on December 18, 2007, the Planning Board recommended that the Town Board adopt said laws, and Page 11 of 30 FINAL Minutes - February 11, 2008 WHEREAS, a resolution was duly adopted by the Town Board of the Town of [ ^ Ithaca for a public hearing to be held by said Town on February 11, 2008 at 6:15 p.m. to n hear all interested parties on the proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED 'ZONING,' TO ADD STORMWATER PLAN SUBMISSION REQUIREMENTS"; 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 ("SEQRA") and its impiementing regulations at 6 NYCRR Part 617, adoption of said locai iaw is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this iocal iaw, has on February 11, 2008 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town's Planning staff; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said iocai law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA , n CODE, TITLED ZONING,' TO ADD STORMWATER PLAN SUBMISSION f ^ REQUIREMENTS", 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 iocal law with the Secretary of State as required by law. MOVED: Councilman Goodman SECONDED: Councilman Levlne Roll Call Vote: Supervisor Engman - aye; Councilman Burbank - aye; Councilman Cowie - aye; Councilman Goodman - aye; Councllwoman Leary-aye; Councilman Levlne- aye; Councilman Stein- aye Carried unanlmouslv. Agenda Item No. 13 - Consider adoption of a LOCAL LAW amending Chapter 234 of the Town of Ithaca Code titled. "Subdivision of Land." to add Stormwater Pollution Prevention Plan Submission Reouirements (see attachment #8) Councilman Levlne moved and Supervisor Engman seconded the resolution of adoption. Supervisor Engman asked If there were questions or comments. There being none, he called for a vote. Roll call - carried unanimously. TB RESOLUTiON NO. 2008-049 ; Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 234 OF THE TOWN OF ITHACA CODE. TITLED 'SUBDIVISION OF Page 12 of 30 FINAL Minutes - February 11, 2008 LAND/ TO ADD STORMWATER POLLUTION PREVENTION PLAN SUBMISSION REQUIREMENTS" WHEREAS, the Town's Codes and Ordinances Committee ("COC'X the Town's Planning, Engineering and Code Enforcement staff, and the Attorney for the Town have worked extensively on a local law to replace Chapter 228 of the Town of Ithaca Code with a new Chapter 228, titled Stormwater Management and Erosion and Sediment Control", and WHEREAS, the COC also prepared local laws amending Chapter 234 of the Town of Ithaca Code, titled "Subdivision of Land," and Chapter 270 of the Town of Ithaca Code, titled "Zoning," to add certain stormwater plans to the list of submission requirements for subdivisions and site plans, respectively, and WHEREAS, on November 19, 2007, the Town Board referred the proposed local laws to the Town of Ithaca Planning Board for recommendations on whether to adopt said laws, and WHEREAS, the Planning Board held a public hearing open from December 4, 2007 through December 18, 2007 on the proposed local laws, and on December 18, 2007, the Planning Board recommended that the Town Board adopt said laws, and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on February 11, 2008 at 6:15 p.m. to hear all Interested parties on the proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 234 OF THE TOWN OF ITHACA CODE, TITLED 'SUBDIVISION OF LAND,' TO ADD STORMWATER POLLUTION PREVENTION PLAN SUBMISSION REQUIREMENTS"; 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 ("SEQRA") and Its Implementing regulations at 6 NYCRR Part 617, adoption of said local law Is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency In an environmental review with respect to adoption of this local law, has on February 11, 2008 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town's Planning staff; NOW, THEREFORE, be It Page 13 of 30 f N ) \ FINAL Minutes - February 11, 2008 RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 234 OF THE TOWN OF ITHACA CODE, TITLED SUBDIVISION OF LAND,' TO ADD STORMWATER POLLUTION PREVENTION PLAN SUBMISSION REQUIREMENTS", 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 Levine SECONDED: Supervisor Engman Roll Call Vote: Supervisor Engman - aye Councilman Burbank - aye Councilman Cowie - aye Councilman Goodman - aye Councilwoman Leary - aye Councilman Levine - aye Councilman Stein - aye Carried unanimously. Agenda Item No. 15 n Consider Conservation Board resolution recommending extending the development moratorium in the Northeast part of the Town for several additional months (See attachment #9)f \ ' \ Supervisor Engman introduced the item and directed the board's attention to Ms. Ritter's memo in the packet (see attachment #9). He gave a brief overview of Ms. Hitter's memo. Supervisor Engman explained the board did not have to act tonight because the moratorium is effective until June 17, 2008. Items under consideration - extending the moratorium, paying for an extension of the moratorium, modifying consultant contract to eliminate interim report. Ms. Brock added that a local law would need to be passed to extend the moratorium. Typically changes to the Zoning Ordinance are referred to the Planning Board for a recommendation and then the Town Board holds a public hearing. Councilman Stein wanted to set a public hearing for their next meeting to pass a local law extending the moratorium. Mr. Kanter added the Planning Committee recommended the Town Board set a public hearing to extend the moratorium. He suggested the public hearing be set for April. This would allow time to discuss the extension with the consultant and receive a recommendation from the Planning Board. Ms. Brock would also need to draft a local law extending the moratorium. / 1 Page 14 of 30 FINAL Minutes - February 11, 2008 Councilman Cowie asked how long of an extension on the moratorium. The consultant recommended an extension until October. Ms. Brock said time needed to be built In to consider the consultant's work - the board needed time to take action to Implement necessary changes resulting from the consultant's report. MOVE: Councilman Stein moved that It Is the sense of this body that we Instruct the staff to work together with the consultant and with the owner of the land to come to.. .to bring back to the board a recommendation for what we do so that we achieve the goals that the consultant set out when he asked to extend the moratorium. Councilman Burbank seconded. Councilman CowIe asked why the board thought the task could be accomplished by June, but now they can't. Ms. RItter did not think the Town had a consultant prior to the moratorium. The consultant needs a growing season to do a proper assessment. Ms. Brock explained that the Initial discussion was for a 6 month moratorium, but after further discussions the board extended It to 9 months to pick up the spring growing season. Ms. RItter added It took awhile to get the moratorium In place. Supervisor Engman thought an Interim report was not necessary because the Information could be Included In the final report. Supervisor Engman asked Councilman Stein If he would entertain an addition to his motion to eliminate the need for an interim report. Councilman Stein agreed. Supervisor Engman recapped the proposed motion - Councilman Stein moved that It Is the sense of this body to Instruct the staff to work with the consultant to determine an appropriate period for extension of the moratorium. (Ms. Brock language - what you want to do Is have the staff work with the consultant to determine a recommendation for an extension of the moratorium and to report back to the Town Board that recommendation.) Supervisor Engman recap - Councilman Stein moved that It Is the sense of this body to Instruct the staff to work with the consultant to accomplish the goals that he has recommended and work with the staff to determine a recommendation for an appropriate period for an extension of a moratorium. Councilman Stein wanted language added to communicate with landowner. Mr. Kanter recapped the amendment to add a further resolved to In concept agree to deleting the Interim report number 2 from the consultant contract. Supervisor Engman called for vote - carried unanimously. TB RESOLUTION NO. 2008-050: Solicit Recommendation for Extension of Northeast Development Moratorium Page 15 of 30 ' ^ I \ FINAL Minutes - February 11, 2008 RESOLVED, that the Town Board instructs staff to work with the consultant, and communicate with the landowner, to accomplish the goals that the consultant has recommended and to determine a recommendation for an appropriate period for an extension of a moratorium, and be It further RESOLVED, that the Town Board agrees In concept to deleting the Interim report number 2 from the consultant contract MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Supervisor Engman stated the proposal was to set a public hearing for the April 7, 2008 town board meeting at 6:15 p.m. Councilman Stein and Councilman Burbank seconded - unanimous TB RESOLUTION NO. 2008-051: Set Public Hearing to Consider Extension of Northeast Moratorium BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby sets a public hearing to take place on Monday. April 7. 2008 at 6:15 p.m. for the purpose of hearing public comment regarding extending the development moratorium In the Northeast part of the Town for several additional months. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Agenda Item No. 16 n Consider referring the proposed Lakefront Residential Zone amendments to the Planning Board for a recommendation (See attachment #10) Supervisor Engman directed the board's attention to the material in their packet. He provided the board with a brief history of the legislation. Each issue brought before the board was debated at length. • Dock length was investigated and plotted on a map; most docks were 30 feet with some being longer. • Silt levels vary within the lake. • Boat houses - the second floor of some boat houses were turned into apartments. Page 16 of 30 / \ ; ^ I \ FINAL Minutes - February 11, 2008 • Lake not owned by individuals; it is owned by New York State residents. • Balancing act - respecting the rights of lake residents with nonresidents using or viewing the lake. • Roofs on boat lifts - no roofs help maintain sightlines; it's less intrusive than roofs. Boat owners are divided - some feel they are necessary and some feel they are not. Supervisor Engman stated COC studied the subject intensively and seriously debated it. The conclusions are before the board for their review and COC recommends they be sent on to the Planning Board for their recommendation. Councilman Burbank stated he would appreciate a presentation regarding what lead to the proposed changes and an overview of why changes are being made. Councilwoman Leary added that she was the only board member present at the COC meeting when the West Shore Homeowners Association (WSHA) came to speak with them and was persuaded by some of their arguments. She thought the board should give their points careful consideration. Staff showed examples of boat roofs and the objection from the committee was mostly aesthetics. Some felt aesthetics were more important than practical considerations felt by homeowners. Councilwoman Leary further stated that there wasn't a majority of Town Board members on COC at the time and thought the board needed to look at it. Councilman Stein agreed with some of the points raised by the WSHA such as there being no adverse effects on water quality due to construction of structures. He would like to hear the proposals made by the WSHA to address the problems COC was trying to solve and why the committee or staff objected. Supervisor Engman corrected that it was not only two board members who listened to the arguments - the chairs of the Planning Board, Zoning Board of Appeals and Conservation Board are also members of the committee. The full committee had heard the information presented by the WSHA previously; it was not new information and each point was debated extensively. The board continued to debate the affect of the language, "no adverse affects on lake quality". Questions were raised regarding who would determine lake quality had been affected. Councilwoman Leary continued her point that there was not a majority of Town Board members present on COC and the Committee did receive written comments and reviewed them point by point. However, her mind was changed by actually hearing from homeowners in person. When the homeowners tried to speak before the Committee at the next meeting. Supervisor Engman (chair of COC at the time), felt that the Committee had reviewed it enough. Councilwoman Leary felt that the matter had not been adequately addressed by the Committee at that point. Page 17 of 30 FINAL Minutes - February 11, 2008 Mr. Kanter mentioned that one of the biggest changes in the proposed amendments is ' ^ that currently the Town requires site plan review and a special permit at the Planning ' ^ Board for any dock, pier, or similar structure on the water. That would no longer be required under the amendment. There would be no opportunity for public input into the process because building permits are administrative actions by the Code Enforcement Office. The Planning Board felt that it was not necessary for them to review docks that met all site plan requirements. Supervisor Engman recalled that the Planning Board requested clarification on the regulations, but he could not remember what the problem was. Ms. Balestra stated through site plan review staff noticed some inconsistencies in the regulations. Councilwoman Leary remembered that applicants were asking for longer docks than what the regulation allowed. Ms. Balestra added that applications were asking for more square footage than allowed as well. Ms. Brock stated that the main problem the Planning Board had was that the current law says the length of docks cannot be greater than 30 feet, but then it says longer dock lengths may be approved by the Planning Board when necessary to reach adequate water depths for proposed docking. The Planning Board felt they did not have any standards to apply to know how far out they should go. If someone had a small boat that did not need much of a draft, they may not need a very long dock. The Planning Board questioned if docks were being regulated based upon the size of boats and it was t ^ making them uncomfortable. ' ^ Supervisor Engman clarified that the committee was recommending 40 feet, not 30 feet, for dock length. Ms. Brock added that if someone wants a longer dock length then they can apply to the Zoning Board for an area variance under the proposed legislation. Councilman Stein was not sure if it was the best use of board time to argue the details. However, the board has to make a decision at some point and he would feel much better if an opportunity is given to hear resident arguments. Councilwoman Leary understood that the size of boats were not increasing but, rather, the silt in the lake was becoming more of a problem. Councilman Burbank reiterated that before the board moves ahead on the legislation, he would like a presentation on the problem. He has noticed a shift in the kind of structures being built. They are becoming larger and more elaborate. Councilman Stein moved the resolution sending the proposed local law to the Planning Board for its recommendation. Councilman Goodman asked if there was another option. Supervisor Engman explained the board could amend what is being sent to the Planning Board, to send it back to COC, or table it for future consideration. He seconded Councilman Stein's S motion. / ^ Page 18 of 30 FINAL Minutes - February 11, 2008 \ Responding to Councilman Goodman's question, Councllwoman Leary said the Town Board could still make changes to the proposed law after It was reviewed by the Planning Board. Supervisor Engman confirmed and stated that the board has flexibility. He reminded the board that they are entering another building season for docks, which Is why he moved It out of committee. Councilman Goodman stated that he attended the COC meeting when WSHA came before the committee and thought that a lot of what they said made sense. He asked If It would be appropriate to have a presentation to educate other board members at a Planning Committee meeting. Mr. Kanter responded that the agenda for upcoming Planning Committee meetings are very full. He suggested that an additional Planning Committee meeting be scheduled or a special Town Board meeting be setup to discuss the Issue. Staff has a lot of material to provide to board members If they are willing to look through It. Councllwoman Leary did not want to send the legislation on to another committee. The Issue Is not a broad planning Issue of the kind that the Planning Committee Is taking up. It Is a very specific law that effects a limited area of the Town. She felt that the Town Board needed to make a decision. Councilman Stein stated that the board has spent too much time debating an Issue that ^ Is being sent to the Planning Board for a recommendation. He wanted to close debate and vote on whether or not to send It to the Planning Board for a recommendation. Supervisor Engman clarified that Councilman Stein was proposing two motions. The first motion was to close the debate (second on the motion not needed). The second motion was to send the proposed amendments to the Planning Board for a recommendation. Board voted on closing debate and motion was defeated. Debate continued. TB RESOLUTION NO. 2008-052: Close debate regarding proposed Lakefront Residential Zone amendments BE IT RESOLVED, that the Town Board closes debate regarding proposed Lakefront Residential Zone amendments. MOVED: Councilman Stein SECONDED: None needed VOTE: Supervisor Engman, nay; Councilman Burbank, nay; Councilman Stein, aye... Others - could not tell from tape Councilman Burbank suggested that there be a PowerPoint presentation at a regular board meeting and Invite Interested members of the public to attend. Councilman Stein Page 19 of 30 I \ \ FINAL Minutes - February 11, 2008 suggested that Councilman Burbank make a motion to that affect (this Is a substitution to the motion to send amendments to Planning Board). Councilman Burbank moved that there be an Informational presentation to the Board as the next step on the proposed dock ordinance as part of a regular board meeting and Interested parties be Invited to attend and give their point of view. Councilman Cowie seconded. Motion to substitute - All In favor. TB RESOLUTION NO. 2008-053: Substitute Motion. Presentation to Town Board in piace of Referring Proposed Lakefront Residential Zone Amendments to Planning Board for Recommendation BE IT RESOLVED, that the Town Board substitutes the motion made by Councilman Burbank to have a board presentation regarding the proposed Lakefront Residential Zone amendments in place of referring said legislation to the Planning Board for a Recommendation. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Board commenced discussion on Councilman Burbank's motion. ' ^ < \ Councilwoman Leary suggested sending the proposed dock ordinance to the Planning Board for their recommendation with a message that the Town Board Is still reviewing It. Councilman Stein thought the Town Board should have the presentation and then send It to the Planning Board for a recommendation. Supervisor Engman reiterated that COC has heard from homeowners throughout the process over the past 2 years and explained there was a difference of opinion within the WSHA. Government needs to protect the rights of the minority as well as the rights of the majority. COC has been trying to balance the rights of everyone. Councilman Cowie agreed with Councilman Burbank and asked If the legislation could be adopted before the building season. Ms. Balestra responded she has spoken with some residents Interested In extending their docks and adding pilings. Staff has told residents that the Town Board was reviewing the legislation and that there may be new regulations In place. If the new regulations are In place by April It should not affect the construction season. Supervisor Engman recapped that there was a motion on the floor to have a presentation at the next board meeting on the new regulation with notification to all Interested parties. He called for a vote on the motion. Vote - Carried unanimously. > / \ Page 20 of 30 FINAL Minutes - February 11, 2008 TB RESOLUTION NO. 2008-054: Information Presentation to Town Board regarding Proposed Lakefront Residential Zone Amendments BE IT RESOLVED, that there be an informational presentation to the Board as the next step on the proposed dock ordinance as part of a regular board meeting, and be It RESOLVED, that Interested parties be Invited to attend and give their point of view, MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Agenda item No. 20 - Consider and approve Warren Road Waikwav maintenance and resDonsibiiitv (See attachment #11) Supervisor Engman directed the board's attention to the sample letters provided in their packets. The idea was for the Town Board to select one of the two letters and in effect agree that if there were to be a walkway built along Warren Road from Hanshaw Road the Town would maintain it. He briefly explained the Town is in the process of applying for a Safe Routes to School grant. The grant would provide money to build a walkway between the intersection of Warren and Hanshaw Roads to Uptown Road. The question before the board was whether or not to maintain the walkway after it is completed. The Town has committed to the maintenance of the Hanshaw Road Walkway once completed. Councilman Burbank supported the Town maintaining the walkway because It served the larger area and not just immediate residents. Supervisor Engman paraphrased that Councilman Burbank moved that the Town declares it will assume ownership, maintenance and liabilities for any walkway along Warren Road. Supervisor Engman seconded the motion. Councllwoman Leary expressed her support of the proposed motion. Councilman Cowie asked why the walkway was proposed to be 6 feet wide. Mr. Noteboom responded that it is an easier width for the Town to maintain. Mr. Kanter added the minimum width is 5 feet so that a wheelchair can go one way and a person walking can go the other way. Ms. Brock recommended that the letter state that the Town would assume ownership, maintenance, and certain liabilities. Board agreed. There being no further discussion. Supervisor Engman called for a vote - carried. Councilman Burbank absent. Page 21 of 30 FINAL Minutes - February 11, 2008 f \ I \TB RESOLUTION NO. 2008-055: Assume Maintenance ResponsibiUties for Warren Road Walkway WHEREAS, the Town of Ithaca Public Works Committee recommends the submission of a grant request to the NYS Department of Transportation, under the Safe Routes to School Program, and WHEREAS, the grant, if received, is a 100% reimbursable grant program for the construction of a waikway along Warren Road, and WHEREAS, The Town of Ithaca Transportation Plan (Plan), adopted by the Town Board on July 9, 2007, includes Map 11 "Prioritized Pedestrian Corridor Needs", recommending the construction of walkways at Town expense in order to provide safe walkways to church and school and easy access to public transit for Warren Road between Hanshaw Road and the Village of Lansing boundary, now therefore BE IT RESOLVED, that the Town Board declares it will assume ownership, maintenance, and certain liabiiities for the construction of a walkway along Warren Road from Hanshaw Road to the Ithaca Town Line. MOVED: Councilman Burbank I \ SECONDED: Supervisor Engman / \ VOTE: Supervisor Engman, aye; Counciiman Burbank, absent; Councilman Stein, aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried. Agenda Item No. 21 - Consider approval of Specification and provide authorization to solicit bids for the purchase of a new medium duty dump truck Mr. Noteboom Informed the board that the purchase was included in the budget. Councilman Stein moved and Councilman Cowie seconded the proposed resolution. Supervisor Engman asked when hybrids would be available in this type of vehicle. Mr. Noteboom stated that they are not available in this size vehicle at this time. He offered to contact the State to check out state specs on hybrid medium duty dump trucks. Supervisor Engman called for a vote - carried unanimously. TB RESOLUTION NO. 2008-056: Approval of Specifications and Authorization to Solicit Bids for the Purchase of a New Medium Dutv Dump Truck. WHEREAS, the Town of ithaca Pubiic Works Department has discussed with the Public ) Works Committee the need for a new Medium Duty Dump Truck, and ' \ Page 22 of 30 FINAL Minutes - February 11, 2008 ' ^ WHEREAS, the money is available from the regular expense accounts (DB5130.200 (60%), A7110 (20%), F8340 (10%), G8120 (10%)), and now therefore be It; RESOLVED, that on the recommendation of the Highway Superintendent and the Public Works Committee, the specifications for a new Medium Duty Dump Truck are approved, and further RESOLVED, that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for anew Medium Duty Dump Truck. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Agenda Item No. 22 - Consider approval of Kevin Taltv as Alternate to the Planning Board Supervisor Engman stated Mr. Talty agreed to serve as an Alternate. / \ Councilman Stein moved to discuss this item to Executive Session; Councilwoman Leary seconded. Supervisor Engman asked if the item could be discussed in Executive Session. Ms. Brock said they could because it was to discuss the employment history of a particular person and appointment to boards is considered employment history. TB RESOLUTION O. 2008-057: Move Discussion of Planning Board Alternate to Executive Session BE IT RESOLVED, that the Town Board will discuss the position of Planning Board Alternate In Executive Session. MOVED: Councilman Stein SECONDED: Councllwoman Leary VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman CowIe, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Agenda Item No. 23 - Consider water and sewer benefit assessment(s) refund (See attachment #12) Page 23 of 30 FINAL Minutes - February 11, 2008 Supervisor Engman and Mr. Walker briefly explained the need for the refund. ' ^ Supervisor Engman moved and Councilman Stein seconded. Vote - carried unanimously. Page 24 of 30 I \ I \ Councilman Stein moved and Councilman Cowie seconded the proposed resolution. Vote - carried unanimously. TB RESOLUTiON NO. 2008-058 Water and Sewer Benefit Assessment refund for Tax Parcel 54.-7-2,4 Whereas, Ms. Michelle M. Tagliavento, 725 Hudson Street, Ithaca, NY 14850, Tax Parcel 51.-7-2.4, was incorrectly assessed for 1.36 units of water benefit and 1.36 units of sewer benefit with the property and should be assessed an annual charge of $0.02 per thousand of assessed value for water benefit and $0.02 per thousand of assessed value for sewer benefit, and Whereas, the Director of Engineering has reviewed the property and confirms that, based on the small size and limitations on the lot, the property does not have water and sewer currently available and therefore, under the Town of Ithaca Benefit Formula, should only be "assessed an annual charge of $0.02 per thousand of assessed value for water an $0.02 per thousand of assessed value for sewer." Now therefore be it Resolved, that the Town Board of the town of Ithaca hereby approves a refund of 1.36 sewer unit charge in the amount of $27.20 to be paid from account G8120.490, and 1 water unit charge in the amount of $122.40 to be paid from F8340.490, to be paid to Ms. Tagliavento upon receipt of her tax payment, and be it further ' ^ Resolved, that the Director of Engineering is directed to cause the benefit assessment for the parcel to be corrected in the benefit assessment roil. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Counciiwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Agenda Item No. 24 - Consider approval of capital project for miscellaneous plant improvements at the Ithaca Area Wastewater Facilltv (see attachment #13) Supervisor Engman reported SJC discussed plant Improvements at their last meeting. The request Is for Steams and Wheler to do more work on recommendations for building upgrades. The total cost would be $7,000 and the Town's share would be $2,862. The board needs to determine whether or not to expend the additional money. y FINAL Minutes - February 11, 2008 TB RESOLUTION NO. 2008-059: Consider Amendment No. 2 to Agreement Dated September 7. 2005 Between the Ithaca Area WWTP'SJC Owners and Steams & Wheler WHEREAS, the Special Joint Sewer Committee (SJC) has requested that a detailed cost analysis study be performed for the previously approved Wastewater Treatment Riant projects that constitute the five-year Project Plan, and WHEREAS, Steams & Wheler, environmental consultants, have submitted a proposal to prepare a cost analysis study report of said projects, including reports on digester floating cover problems, administrative space, additives, UV disinfection, concrete plant repairs, septage and leachate facility improvements, deck waterproofing and skylight leak repairs, and WHEREAS, the Town Board approved the cost analysis study of said projects, the scope of which is outlined in the proposal from Steams & Wheler, environmental consultants, and WHEREAS, additional engineering services have been identified to complete the study at a cost of $7,000, now, therefore, be it, RESOLVED, that the Town Supervisor is authorized to sign Amendment No.2 of the agreement with Steams & Wheler dated September 7, 2005, for additional engineering ^ services to this project with the total contract cost not to exceed $81,000, and be it further RESOLVED, that this approval is contingent upon approval of the letter of agreement by the other owners of the Ithaca Area Wastewater Treatment Plant, and be it further RESOLVED, that the Town's share of such cost shall not exceed the Town's percentage ownership interest in the Ithaca Area Wastewater Treatment Plant MOVED: Supervisor Engman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; CouncHwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Agenda item No. 25 - Consent agenda CouncHwoman Leary requested Item "h" - revisions to Travel & Training Policy - be pulled from the consent agenda. Councilman Stein asked that item T- increasing hours of Human Resources Specialist - to be pulled. Page 25 of 30 FINAL Minutes - February 11, 2008 Councilman Burbank moved and Councllwoman Leary seconded. Vote - carried ^ ^ unanimously. ' ^ TB RESOLUTION NO. 2008-060: Consent Agenda ttems BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items: a. Town of Ithaca Abstract b. Bolton Point Abstract c. Approval of Minutes of the Previous Meeting d. Disposition List e. Approval of permanent appointment - Account Clerk Typist - SCLIWC f. Approval of increased Human Resources Manager standard work week - item pulled from consent agenda g. Change term of office for Ethics Board Appointee, Jennifer Terpening h. 2007 year-end budget transfers and amendments /. Approval of revisions to the Travel & Training Policy - item pulled from consent agenda MOVED: Councilman Burbank SECONDED: Councllwoman Leary ' ^ ' \ VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councllwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levine, aye. Carried unanimously. Councilman Cowie suggested item T be discussed in executive session. The Board agreed. Councllwoman Leary reported she had suggested at the Personnel Committee that the per diem given for meals be increased for New York City. The vote failed because not all voting members were present. Supervisor Engman asked if Councllwoman Leary was moving to adopt the Travel and Training Policy with an amendment that there be an $80 per diem for New York City travel. Supervisor Engman seconded. Councilman Stein researched what the County and Cornell paid per diem and thought the current per diem was sufficient. Councilman Cowie asked if the per diem was paid ahead of time or reimbursed with receipts. Ms. Drake explained that the per diem is given ahead of time for over night conferences. Reimbursements are given for day conferences with receipts up to the ' allotted meal amount set forth in the Personnel Manual. ' ^ Page 26 of 30 FINAL Minutes - February 11, 2008 Supervisor Engman stated that each organization handles per diem differently and the Town needs to decide what is fair for employees and board members. The board continued to debate both sides of the issue. Supervisor Engman called for a vote - motion carried 4 to 3. TB RESOLUTION NO. 2008-061: Approva/ of Revisions to Training and Travel Policy WHEREAS, the Town Board in May 2004 established a maximum cost level of $300 for conferences and travel to be approved of by the Town Supervisor, Department Heads, Budget Officer and Human Resources Manager; and WHEREAS, the Town Board also revised the per diem allowance for meals when traveling to a conference at sixty five dollars ($65) for all day travel; or for less than all day travel, fifteen dollars ($15) for breakfast; twenty dollars ($20) for lunch; and thirty dollars ($30) for dinner; and WHEREAS, the process of obtaining prior Town Board approval Is time consuming and redundant, except In Instances when the cost would exceed the department's budget; and ' WHEREAS, the Personnel Committee reviewed the levels established and recommends changing the policy to allow the Town Supervisor, Department Heads, Budget Officer and Human Resources Manager to approve conference costs up to the amount approved of In the appropriate line of the adopted town budget; and WHEREAS, the Personnel Committee has reviewed the current meal allowance schedule of sixty five dollars ($65) for all day travel; or for less than all day travel, fifteen dollars ($15) for breakfast; twenty dollars ($20) for lunch; and thirty dollars ($30) for dinner; WHEREAS, at It's board meeting on February 11, 2008 the Town Board discussed Increasing the dally per diem for all day tavel In New York City; Now, therefore, be It RESOLVED, the Town Board of the Town of Ithaca hereby grants authority to the Town Supervisor, Department Heads, Budget Officer and Human Resources Manager to approve and authorize attendance for themselves, and their staff, to any conference for a cost up to the amount In the appropriate line of the adopted town budget; and be It further RESOLVED, the Town Board approves leaving the per diem for meals as It currently stands as sixty five dollars ($65) for all day travel; or for less than all day Page 27 of 30 FINAL Minutes - February 11, 2008 travel, fifteen dollars ($15) for breakfast; twenty dollars ($20) for lunch; and thirty dollars ' ^ ($30) for dinner; and be it further ' ' RESOLVED, the Town Board approves the Increasing the per diem for meal to eight dollars ($80) for all day travel In New York City; and be it further RESOLVED, Human Resources Manager is direct to make such changes for the Personnel Manual and Conference/Travel Authorization Form. MOVED: Councilwoman Leary SECONDED: Supervisor Engman VOTE: Supervisor Engman, aye; Councilman Burbank, nay; Councilman Stein, nay; Councilwoman Leary, aye; Councilman Cowie, nay; Councilman Goodman, aye; Councilwoman Leary, aye. Carried. Agenda Item No. 26 - Report of Town Committees Councilman Stein reported the Public Works Committee has sent out a questionnaire to the Northeast regarding drainage. The Town has received at least 150 responses out of 630 to date. The survey data will be entered into a database and mapped out. / N Councilman Burbank reported that the Planning Committee has determined their ' ^ mission statement and agenda items for the next few months. The committee talked about the Southe Point proposal and it is divided on whether or not the proposed site is the appropriate location. They discovered alternate sites were available and encouraged Supervisor Engman to explore the alternatives. Councilman Levine reported the Budget Committee met on February 7^*^. Mr. Carvill walked the committee through some of the major factors affecting the budget. Councilman Cowie mentioned that a schedule was established for regular meetings between the Personnel Committee and the Employee Relations Committee. Councilman Burbank added that a joint meeting between the Planning Board and the Planning Committee has been scheduled for March 11, 2008 to discuss the relationship between the two. Agenda Item No. 27 - Report of Intermunicipal Organizations Mr. Walker reported that the Ithaca College Community Committee met and residents are satisfied with student behavior so far. There is a concern about the proposed Ithaca College Athletic Events Center. Mr. Kanter added there will be a public hearing on the Events Center March 4^^^ at 7:05 p.m. / > I \ Page 28 of 30 FINAL Minutes - February 11, 2008 Agenda item No. 29 - Review of Correspondence (see attachment #14) No discussion. Agenda Item No. 28 - Executive Session to discuss collective negotiations with Teamsters Local 317 and a proposed acguisition of real property Councilman Goodman moved to enter executive session to discuss collective negotiations with Teamsters Local 317, acquisition of real property, and the employment history of two particular persons. Councilwoman Leary seconded. The board entered executive session at 8:20 p.m. Councilman Burbank moved and Councilwoman Leary seconded to return to regular session. Supervisor Engman stated the resolution regarding increasing the standard work week hours of the Human Resources Manager is before the board with an amendment. Ms. Brock stated in the resolved clause after the phrase to 40 hours per week, add "(which includes human resources services related to the Town's employees of record at the Southern Cayuga Lake Intermunicipal Water Commission)". Councilman Cowie moved and Councilwoman Leary seconded. Vote - carried unanimously. TB RESOLUTION NO. 2008-062: Approval to Increase Standard Work Week and Salary of the Human Resources Manager WHEREAS, Judith C. Drake, PHR, Human Resources Manager, was hired December 4, 1996, under a fuil time standard work week of 37.5 hours, and has requested to increase her standard work week to 40 hours due to the additionai duties added to the position to provide Human Resources services to SCLIWC; and WHEREAS, the Personnei Committee recommends increasing the standard work week and saiary of the Human Resources Manager, due to the additionai duties added to the position to provide Human Resources services to SCLIWC, to 40 hours per week at the same Q classification hourly rate, but with an increased annual salary of $68,140.80; and Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca hereby approves increasing the standard work week and annual saiary of the Human Resources Manager, to 40 hours per week, (which includes human resources services related to the Town's employees of record at the Southern Cayuga Lake intermunicipal Water Commission) salaried at the same Q classification hourly rate, but with an increased annual saiary of $68,140.80, retroactive to, February 1, 2008. / MOVED: Councilman Cowie Page 29 of 30 FINAL Minutes - February 11. 2008 SECONDED: Councilwoman Leary * ) * 1 VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Supervisor Engman stated It has been proposed that Kevin Talty be appointed as the Planning Board Alternate for a term ending December 31, 2008. Councilman Burbank moved and Councilman Stein seconded. Vote - carried unanimously. TB RESOLUTiON NO. 2008'063: Aopointment of Alternate Planning Board Member BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kevin Talty of 115 Lexington Drive, West, Ithaca, New York, as the Alternate Planning Board member to fill a term, beginning February 11, 2008 and ending December 31, 2008, as this position Is a one year term appointment to fill the unexplred term vacated by HoHls Erb. MOVED: Councilman Burbank SECONDED: Councilman Stein f \ VOTE: Supervisor Engman, aye; Councilman Burbank, aye; Councilman Stein, aye; ^ ^ Councilwoman Leary, aye; Councilman CowIe, aye; Councilman Goodman, aye; Councilman Levlne, aye. Carried unanimously. Board Comments Councilman Burbank stated that the Glenside neighborhood has a community mailbox system that has been present for about 25 years. During the last snow storm a Town plow accidentally hit the mailboxes. It is Town policy to replace mailboxes hit by snowplows at minimal cost to the Town. He asked if the Town would consider paying the full cost of replacing the mailbox. Councilman Stein asked if Councilman Burbank was asking for $25 and Councilman Burbank responded no, he was asking for reexamination of the Town's policy regarding mailboxes. Ms. Brock suggested the issue be brought to the Public Works Committee. The board agreed. Adjournment Upon motion, Supervisor Engman adjourned the meeting at 9:45 p.m. Respectfully submitted, Karen M. Billings, Town ClerK ¨ % Page 30 of 30 ATTACHMENT #1 02/11/2008 TOWN BOARD MTG t \ 01/03/2008 15:32:34 TOWN OF ITHACA TOWN CLERK'S 2007 ANNUAL REPORT RECEIPTS 44 MISC. COPIES 226.20 3 ZONING ORDINANCE 38.40 1 SUBDIVISION REGULATIONS 3.40 33 TAX SEARCH 165.00 2 RETURNED CHECK - CLERK 10.00 5 POSTAGE 31.83 4 COMPREHENSIVE PLAN 48.00 4 ZONING MAP 1.00 8 USE OF PARKS & BLDG 257.50 3 PARK OPEN SPACE FULL RPT 13.50 60 MARRIAGE TRANSCRIPT 620.00 133 MARRIAGE LICENSES 5,320.00 1 HWY WORK FOR RESIDENTS 10.00 1 REFUND OF PRIOR YEAR EXP 56.25 1 SAFETY DEPOSIT FEE 50.00 11 SPCA D^OUND FEES 315.00 6 FACILITY USE FEE 250.00 8 PARK USE FEE 644.00 234 BUILDING PERMIT 48,282.50 31 BUILDING PERMIT EXTENSIN 7,975.00 2 FOUNDATION PERMITS 275.00 3 CERTIFICATE OF OCCUPANCY 400.00 16 FIRE SAFETY INSPECTIONS 1,040.00 16 SIGN PERMITS 1,450.73 46 ZONING BOARD MTG 4,600.00 45 TEMP CERTIFICATE OCCUP 20,990.00 12 OPERATING PERMIT 3,400.00 1 ZONING BOARD VARIANCE 100.00 1 SUBDV. REV. INITIAL APL.216.00 6 SUBDV. REV. PRELIM. PLAT 7,900.00 9 SUBDV. REV. FINAL PLAT 1,980.00 5 SITE PLAN INIT. APL. FEE 500.00 5 SITE PLAN PRELIM. PLAN 5,500.00 22 SITE PLAN FINAL PLAN 9,005.00 5 ADD. MTG. FEE AGENDA PRO 150.00 9 ASS. MTG. FEE P.H. PROCE 450.00 3 REZONING/ZONING AMEND 525.00 3 SPECIAL PERMITS 300.00 1 FILL PERMIT 100.00 3 PARK SECURITY DEPOSIT 200.00 2 COMFORT STATION DEPOSIT 300.00 DOG LICENSES 8,158.44 TOTAL RECEIPTS:$131,857.75 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND PAID TO SUPERVISOR FOR PART TOWN FUND PAID TO COUNTY TREASURER FOR DOG LICENSES PAID TO AG & MARKETS FOR DOG LICENSES PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 11,754.62 115,139.23 1,258.40 213.00 2,992.50 f \ TOTAL DISBURSEMENTS:$131,357.75 ;n billings, town clerk JANUARY 3, 2008 2007 TOWN CLERK TOTAL RECEIPTS 2007 TOWN CLERK TOTAL DISBURSEMENTS 2007 REFUND OF PARK DEPOSIT AND CCJ^EORr STATICSN DEPOSIT FEES VOUCHERS; V4173, V3961, V4019, V4213 $131,857.75 $131,357.75 $ 509^0 f \ i i TOTAL DISBURSEMENTS $131,857.75 A€EKI).A# 7 ' >TOWN OF ITHACA Public Works Department Annual Report In May of 2007 it was discovered that a very large culvert pipe on Forest Home Drive (that feeds into Beebe Lake) was collapsing. There was a very large sink hole that indicated the culvert pipe had rusted out. The road was closed from Plantation Road to Maclntyre Place all summer so our crews could take out the pipe and replace it. We had to rent a large excavator and had large concrete box culverts made and placed to complete the project. We spent over 1,750 man hours on this project and $109,000 on materials. Other permanent improvement projects included: Fidler Avenue, Schickle Road, St. Catherine's Circle, and Stone Quarry Road. On each of those projects we re-established drainage ways and paved them. Fidler Avenue, Schickle Road, and St. Cathereine's Circle were paved with a relatively new process called cold mix inlay. Stone Quarry Road was repaved using hot mix asphalt. Storm water management projects continued this year, with the completion of f \ underground piping on Ridgecrest Road. / \ The above projects took a lot of man hours, along with many other projects (discussed below). The Public Works Department employs between 12 and 13 extra workers throughout the summer months. Many of them are youth workers who are hired for six weeks. The total hours they contributed to the Town this year was 5,537 hours. This does not include youth workers employed through the Town's program. Three of the Town's program workers worked in the field and one worked in the office. The summer Youth Corp worked mainly in parks and on trails and at Tutelo Park. Tutelo Park saw its first year using the ball field. The Cal Ripken Little League used the ball field for their games. There were also three parties held there, along with the annual Tutelo celebration. Another event, "Who's a Leader" workshop, was held there in November. All in all, Tutelo Park has become a very busy successful park. The Town swapped roads with Tompkins County. Bundy Road is now a Town Road, and we no longer maintain Game Farm Road nor Burns Road. This, along with the acceptance of Conifer Drive and extensions on Larisa Lane and Birchwood Drive, brings the total Town owned roads to 50.51 miles. We are maintaining 1.92 more miles of road from 2006. To help with all of the work done on roads, parks, trails, water, and sewer, we ^ ^ purchased a new chipper, a Tool Cat, a 1-ton truck, and a medium duty truck. We sent ' one 1-ton truck and the station wagon to the auction. Water lines on Trumansburg Road and Hanshaw Road were scheduled to be replaced. These projects got started in October and will continue into 2008. We have one inspector for each job to perform full time inspection. The Public Works Department staff replaced water line services on Clover Lane to the 8" main and abandoned the older 4" main. After this was done, we put a cold mix overlay on the road. There were 31 water main breaks to repair in 2007 and 8 hydrants replaced, along with valve repairs, etc. Public Works crews repaired leaks in sewer mains and sewer manholes town-wide, cutting down on infiltration of ground water into the system. A beautification grant was received which allowed us to enhance plantings at Town Hall; East Shore Park; and ''Welcome to Tompkins County" signs on Route 13 S., Route 79 W., Trumansburg Road, and Danby Road. The target for this year's grant was to / \ beautify areas which would attract tourists to the community. ' N Volunteer projects included weekly patrolling and litter removal at Northeast Walkway and Tareyton Park by Unity House; trash removal, posting, and trail clearing at Glenside Preserve by Cornell's Post Project; and brush cutting at East Ithaca Preserve by a neighborhood group. The William and Hannah Pew Trail section of the East Ithaca Recreation Way was substantially completed and is now being maintained in the winter as part of our program of snow removal on commuter trails and walkways. All that remains are final landscaping details, plantings, and the placement of benches and gates. 2007 TOTAL HOURS WORKED FOR PUBLIC WORKS DEPARTMENT Water St. Water Parks Water Admin. Sewer Admin. Town Hall Public Works Fringe Benefits General Repairs Sewer Perm. Impv. Machinery Br. & Weeds Snow Removal Regular 5,490.50 991.50 10,859.45 1,328.25 697.75 1,042.30 2,457.25 7,191.75 10,719.75 2,411.00 4,593.00 3,592.50 3,875.50 4,371.00 Water St. Water Parks Water Admin. Sewer Admin. Town Hall Public Works Fringe Benefits General Repairs Sewer Perm. Impv. Machinery Br. & Weeds Snow Removal OT 717.00 2.00 386.50 0.00 0.00 118.00 31.50 0.00 118.75 36.50 140.25 16.00 16.00 2,397.25 Perm. Impv. Machinery Snow Removal 6% Br.& Weeds , \ 7% General Repairs 18% 2007 Work Hours for Public Works Sl. Water 2% Parks Water / 18% 9% / / Water Admin. 2% Sewer Admin. 1% Public Works Town Hall Fringe Benefits 4% 2% 12% 2006 Overtime for Public Works St. Water 0% Snow Reiiiova 60% Parks Water Admin. 10% 0% ^ Sewer Admin. 0% Town Hall 3% Public Works 1% Br. & Weeds 0% ' / Machinery / 0% Perm. Impv. 4% Fringe Benefits 0% Sewer General Repairs 10/ 3% 1/25/2008 ^ -M032004200520062007OT 2003OT 2004OT 2005OT 2006OT 9007Water6%11%9%8%9%1Vvater17%10%10%5%18%Town Hall2%3%2%2%2%Town Hall2%2%2%2%3%Storm Water3%2%Storm Water0%0%Pubic Works7%3%3%3%4%Public Works1%0%0%0%1%General Repairs28%36%26%23%18%General Repairs1%2%3%3%3%Sewer4%4%5%6%4%Sewer4%2%3%3%1%Perm. Impv.12%8%2%3%8%Perm. Impv.1%2%1%1%4%Machinery7%6%6%4%6%Machinery1%1%1%1%0%Br & Weeds9%6%6%6%7%Br & Weeds1%2%0%0%0%Snow Removal9%7%8%3%7%Snow Removal65%65%70%70%60%Water Admin.2%2%2%2%2%Parks9%9%10%10%10%Sewer Admin.1%1%1%1%1%Parks13%13%17%21%18%Comparison of Regular Highway Work□ 2003ffl2004□ 2005□ 2006■ 2007Comparison of OT Highway WorkC O ^-^1C/5 S c- 5□ OT 2003■ OT 2004■ OT 2005□ OT 2006■ OT 2007 Regular 10,859.45 991.50 10,719.75 4,593.00 3,592.50 3,875.50 4,371.00 5,490.50 2,411.00 OT Total DB Total DB OT 386.50 2.00 118.75 27,151.75 2,688.25 140.25 16.00 16.00 2,397.25 717.00 36.50 Parks—A St. Water-A Roads-DB Water-F Sewer-G 10,859.45 991.50 27,151.75 5,490.50 2,411.00 A7110 A8540 DB5110 DB5112 DB5130 DB5140 DB5142 F8340 G8120 2007 Hours Without Fringes ter-A if Total DB Total DBOTA711010,859.45386.50Parks (A)10,859.45Parks (A)386.50A8540991.502.00St. Water (A;991.50St. Water (A'2.00DB511010,719.75118.75 34,343.50 2,688.25Roads (DB)34,343.50Roads (DB)2,688.25OB51124,593.00140.25Water (F)5,490.50Water (F)717.00DB51303,592.5016.00Sewer (G)2,411.00Sewer (G)36.50OB51403,875.5016.00DB51424,371.002,397.25DB5110118.75DB5140F7.191.750.00DB5112140.25F83405,490.50717.00DB513016.002,688.25G81202,411.0036.502007 Regular HoursDB5140DB514216.002,397.25Roads (DB)2007 OTSt. Water (A)2%Parks (A)20%Water (F)10%Sewer (G)4% —□ Parks (A)□ St. Water (A)□ Roads (DB)■ Water (F)■ Sewer (G)Parks (A)Sewer(G) io%Water (F)19%Roads (DB)70%2007 DB Regular TimeDB513010%DB514011%DB511213%DB514213%DB5140F21%DB511032%□ DB511000651120085130IS 085140DB5142□ DB5140F2007 DB OTOB51104%OB514289%OB51125%DB5130^ OB5140A 1% / > Town Engineer's Annual Report for 2007 Engineering and Code Enforcement GENERAL Staff The Town Engineering Department staff in 2007 included three full time positions in town hall including, Dan Walker; Director of Engineering and Town Engineer, Creig Hebdon; Assistant Town Engineer, and Kristin Taylor; Civil Engineer. The Director of Engineering is also the administrator for Code Enforcement for the Town of Ithaca. The enforcement function includes the Uniform Fire Prevention and Building code, and the Town of Ithaca Code. Kristie Rice is the Senior Code Enforcement Officer and Steve Williams is a Code Enforcement Officer. Dani Holford provides clerical support to the enforcement function which includes processing building permit applications and maintaining the many records generated. The Town Engineer provided technical supervision to three staff positions located at the Public Works Facility including, Wayne Sincebaughj Water and Sewer Maintenance Supervisor, Craig Bdlard; Senior Engineering Technician, and Joseph Slater; Engineering Technician. The Engineering Department also had several student interns fi'om Comell University working part time in the Town Hall. The Town Clerk's staff provided clerical support and contract administration assistance to the department. Town Hall Facility Management Joseph Hulbert, Maintenance Worker, coordinated repairs and maintenance on the Town Hall facility. Rich Schoch, Parks Manager, over sees town hall plantings and public works staff did regular maintenance and snow removal work on the site. Exterior maintenance at Town Hall included repainting the flag pole and railings at all of the building entrances. Records Management Engineering staff maintained the record maps of the Town's water and sewer systems and updated the electronic GIS data with changes and improvements that were completed during the year. The Engineering Staff worked \vith the Town Clerk and the Planning and Code Enforcement staff to maintain the storage system for original paper maps. The map database is maintained by the staff using Microsoft Access. Daniel R. Walker, P.E. Page 1 February 6,2008 C:\repoits\Town Engineer 2007 annual reportdoc Town Knffineer's Annual Report for 2007 Engineering and Code Enforcement Park and Open Space The Engineering staff coordinated with the Public Works Department and Planning Department on the Hanna Pew Trail project. Engineering Staff provided survey and layout assistance and also completed all inspections required for the NYS StormwatCT Pollution Plan Permit. The Engineering staff participated in the planning efforts for the proposed Gateway trail from Buttermilk Falls Park to the Emerson Property. Tompkins County Emergency Management Planning Committee The Town Engineer is the Public Officials Representative member of the Emergency Planning Committee, and serves 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 committee meets monthly and includes representatives from County and Municipal Agencies, including the Ithaca Fire Department, TC Health Department, Cayuga Medical Center, Public Works Agencies and the American Red Cross. The Tompkins County Fire and Department of Emergency Management Service provide coordination \ The Town hosted the Tompkins County Department of Emergency Response Public , ^ Officials Conference (POC) on March 29^^. More than 40 public officials attended the conference from various agencies and municipalities in the County. The purpose of the Conference was to update all municipal officials, especially those newly elected, on emergency preparedness and planning mandates affecting operations and funding. Topics covered included Municipal Officers Responsibilities during an Emergency, Lessons Learned from the June 28, 2006 Flooding, the Incident Command System Training Requirements and Emergency Management Updates. The presentations also covered the County Communications System Status and information on funding availability. DEVELOPMENT REVIEW SOUTHWOODS SUBDIVISIGN The road and infrastructure development, including the stormwater management system was completed and dedicated to the Town in 2007. The Town Engineering staff monitored storm water management and sediment and erosion control measures during construction. BIGGS BUILDING DEMOLITION Final site restoration was substantially completed in the spring of 2007. Additional site monitoring continued and the Engineering Staff required the owner to do additional grading and seeding after the initial restoration failed in some areas. Daniel R. Walker, P.E. Page 2 Febmaiy 6,2008 C:\reports\Town Engineer 2007 annual repoit.doc f N Town Engineer's Annual Report for 2007 Enmneerins and Code Enforcement, \ — CAYUGA MEDICAL CENTER Engineering staff continued to monitor the sediment and erosion control practices for site work related to the West addition and site improvements. WEIDERMEIR SUBDIVISION Sediment £ind erosion controls are being monitored. The common driveway and utilities are in place and the area has being landscaped and stabilized. 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. After the approved site development work was completed the Owner cleared and excavated a large portion of the building lot located in the conservation zone. This work was a violation of the Excavation and Fill law and resulted in a citation and the development of a remediation plan which required a fill permit. WESTVIEW SUBDIVISION The Engineering staff is monitored the sediment and erosion control program for the site as construction of Phase II began in late winter. Because of significant runoff during the beginning of infrastructure development, additional erosion control measures and stormwater management practices were installed. Infrastructure for phase 2 was . completed by the fall and has been accepted by the Town. NAMGYAL MONASTERY Site work for the Monastery on Danby Road was substantially completed in 2006 and site work for the buildings was started in early 2007. Engineering staff monitored erosion and sediment control on the site, which included construction of a stormwater detention pond. A building permit for the main building was issued and construction was started. OVERLOOK ON THE WEST HELL Site work for Phase lb has been substantially completed in 2006 and final restoration was completed in 2007. The Engineering staff monitored the site sediment and erosion control practices. CONIFER VILLAGE (Linderman Creek Phase 4) Site work for the senior housing project on Conifer Drive north of Mecklenburg Road has been substantially completed. Building Construction is underway and Sediment and erosion controls are being monitored. HOLLY CREEK Infrastructure improvements and rough site work has been completed. Engineering staff is continuing to monitor the Storm Water Management system. Town staff is waiting for record drawings and deeds prior to acceptance of the road and utilities. Daniel R. Walker, P.E. Page 3 Febniaiy 6,2008 C:\reports\Town Engineer 2007 annual report.doc Town Engineer's Annual Report for 2007 Engineering and Code Enforcement COUNTRY INN & SUITES Sediment and erosion controls are being monitored for the site. Final restoration of the site needs to be completed, EARTH FILL PERMITS Old Marshall Farm, Gravel Mine, Mecklenburg Rd. (Tax parcel 27.-1-14.2) The Earth fill permit for the removal of Gravel fi*om a portion of the Old Marshall Farm on State Route 79 was issued on October 25,2002. The owner has been mining and stockpiling gravel on site with a small volume of material being sold and taken fi"om the site. All work has been in compliance with Town approvals and the DEC mining permit. Town staff has been inspecting sediment and erosion control measures. On the same site, a fill permit application filed for Tax parcel 27.-1-14.2 for excavation and fill for enlargement of a farm pond in an agricultural district, was reviewed by the Zoning Board of Appeals in October and the permit was granted Enforcement activity is continuing on tax parcels 26.-4-2,26.-4.3 and 26.-4.9. Enforcement Activity is continuing for excavation and fill in excess of 50 cy for Tax parcel 56.-4-1.22. The Landowner leveled an area of approximately 1 acre that violated the Town of Ithaca Code and also violated the limits of the NYSDEC Storm Water Pollution Prevention Permit issued for subdivision of the property. Staff has met with the Landowner and his Engineer to develop a remediation plan that will be satisfactory to the Town and to NYSDEC. The plan will require review by the Planning Board prior to going to the ZBA. The landowner has proceeded with temporary remediation work to stabilize the site for the winter. ( \ r\ ( \ Daniel R. Walker, P.E. C:\reports\Town Engineer 2007 annual Feport.doc Page 4 February 6,2008 ^ Town Engineer's Annual Report for 2007 \ Engineering and Code Enforcement STORM WATER MANAGEMENT The Town Engineers office continued to work on the watershed plan for the Town. The first phase of 5ie report for the entire town included locating all pipe outfalls in the Town. Watershed maps for all areas of the Town are being prepared which will include information of land use and soils used for watershed modeling. Development of this plan is a requirement of the MS4 program. Northeast As a major component of the town wide plan, the engineering department is developing a detailed Watershed Management Plan for The Northeast Area. The Initial phases of the plan have dealt with significant stormwater management and flooding problems that impacted many properties in several neighborhoods. Neighborhoods that have had improvements completed in past years include Winthrop Drive, Brandywine Drive, Christopher Lane and the Lexington Ave/Uptown Road Area. The Watershed plan has primarily concentrated on the storm water collection and transmission system under the direct control of the Town. Facilities in this category are the major streams and waterways that the Town has easements for maintenance and the Town road drainage systems. The primary purpose of these systems is to collect and carry stormwater runoff to safe outlets. The road ditches also serve to drain the road base to maintain the road structure. The detailed watershed plan will also look at drainage problems that impact smaller areas, including individual lots. To assist Town Staff in identifying problem areas we are requesting input from residents and property owners in the Northeast Area. The Town of Ithaca will be holding an informational meeting early in 2008. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG). The purpose of the SWG is to facilitate cooperation among the municipalities in their efforts to comply with the Phase II Stormwater Regulations and thus maximize resources and save money. The SWG meets on a monthly basis with meeting facilitation and minute recording shared among participants. The Town Engineering Staff has assisted several members of the group that have parts of their municipalities in the MS4 area by providing field survey and outfall mapping for the areas to meet state requirements for required stormwater plans. The work was funded by a grant fi*om New York State and administered by Tompkins County. Daniel R. Walker, P.E. Page 5 February 6,2008 C:\reports\Town Engineer 2007 annual report.doc Town Engineer's Annual Report for 2007 ^ En&ineerins and Code Enforcement ! ^ WATER PROJECTS ' ' Integrated Water System The proposal to integrate the Bolton Point water system, the City of Ithaca Water system and ihe Gomel! University into a single commission to operate all three water plants is no longer under consideration. The engineering study that was completed as part of the proposal has provided an excellent source of information that the Town and SCLIWC are using to develop plans for system improvements that will improve service and provide additional reliability and security for the Town water system. The Town, as a member of SCLIWC, continues to work cooperatively with the City of Ithaca and Comell University to provide emergency back up water supplies. During 2007 the City of Ithaca began an environmental impact study to evaluate the best way to replace the existing old City Water Treatment Plant. One of the options imder consideration is the purchase of water from the S.C.L.I.W.C., which would include constmction of a transmission line from Bolton Point to the City line on East Shore Drive. This study is project to be complete in the Fall of2008. Trumansburg Road Water Main Improvements Final design was 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. The project was bid and LRS Excavating was awarded the constmction contract. LRS Excavation started work on the Contract in September and the water main was substantially complete in December. Final restoration will be completed in the spring. Hanshaw Road Water Main Replacement The Constmction Contract was awarded to LRS Excavation and a notice to proceed has been issued. Pipe installation is scheduled to begin in late October. SCLIWC Transmission Main Repair Constmction has been completed and the contract has been closed. Town Staff provided constmction inspection and project management services to the Commission. Town Engineering staff worked with S.C.L.I.W.C. to develop a plan and constmction documents for the replacement of a portion of the 16-inch transmission main that supplies water to the South Hill and West Hill. The contract was approved by the SCLIWC at the May 3 Commission meeting. Constmction of the repair between Slaterville Road and Giles Street started in June and was substantially complete in July. Town Staff did constmction inspection and provided project management services to the Commission. ^ ^ Daniel R. Walker, P.E. Page 6 Februaiy 6,2008 C:\reports\Town Engineer 2007 annual repoit.doc Town Engineer's Annual Report for 2007 Engineermg and Code Enforcement / \ East Shore Drive Water Main Replacement The engineering department completed survey work and preliminary design was started on the project to replace the old 6" cast iron water main on East Shore Drive. This project is scheduled to be constructed in 2008 as part of the Town Capital Project Plan. The Town of Lansing owns several hundred feet of water main which serves the McKinney Point Water District at the end of the Town of Ithaca Water Main. Lansing asked us to include a section of water main on East Shore Drive in Lansing in the project. This is one of the many opportunities for inter-municipal cooperation that occur with public works operations The engineering department will develop an agreement to be reviewed by the Public Works Committee before bringing it to the Town Board for approval to do this work for Lansing at their cost. Water System Mapping and Model The Engineering staff, including student interns, has continued to update the electronic database for the water system. This information will be used to update the Town-wide water system hydraulic model, and will be used to provide information to locate water mains in the field. These tools are important for effective maintenance of the water / > system. SEWER PROJECTS Ithaca Area Waste Water Treatment Facility Phosphorus Removal Improvements. Construction of the Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility was completed, and testing of the system was initiated. Joint Interceptor Sewer Projects The First Street Interceptor construction was started in 2006 with work being completed on the 100 and 200 blocks of North Aurora Street. During 2007 work continued on Cascadilla Way and Aurora Street during the winter. Starting in the spring work between Seneca Street and prospect Street was started. Work on Aurora Street in the area between Prospect Street and Columbia Street was completed in the fall. The City of Ithaca has issued a construction contract for renovation and upgrades to the sewer flow monitoring stations located at the city/town line. This is a joint capital improvement project for the sewer system that is being coordinated by the SJC. Daniel R. Walker,P.E. Page? February 6,2008 C:\ieports\Town Engineer 2007 annual report.doc New York State Department of State [fSubSpylifjl Division of Code Enforcement and Administration '' 41 State Street Paqe10f5 Albany, NY 12231 ^ Ph:(518)-474-4073 FAX:(518)-486-4487 www.dosjtate.ny.u5 . II Reporting Year: 2007 19NYCRR PART 1203 UNIFORM CODE: MINIMUM STANDARDS FOR ADMINISTRATION AND ENFORCEMENT Annual Local Code Administration and Enforcement Report In accordance with 19 NYCRR PART 1203.4 Program Review and Reporting -— —m^mrGENERAL INFORMATION Jurisdiction Town of Ithaca Address 215NTiogaSt City/Town/Villiage: Ithaca Zip/Postal Code 14850 County: Tompkins Name of Code Official Krlstie Rice Title of Code Official Senior Code Enforcement Officer Code Official DOS Certification # 0199-7013A E-mail Address: krice@townJthaca.ny.us Phone Number: 607.273.1783 List of additional Code Enforcement Enforcing the J mmm I Steven Witliams Code Enforcement Offi swiHiams@town.ithaca.ny.us 0404-7298B n Please list the local law, ordinance or Other appropriate regulation that provides for the fth=T^.«n M Ithaca administration and enforcement of the New York State Uniform Fire Prevention and Ch 125 Codes of the Town of IthacaBuilding Code and Energy Conservation Construalon Code in this Jurisdiction: ^ 5. Additions, alterations or repairs on ^ 1. New One or Two family residences: 17 existing buildings for all occupancies: 5. Additions, alterations or repairs on existing buildings for all occupancies: 2. New Commercial/Industrial buildings: 3. New Hazardous occupancies (H): 4. New Multiple Residences R occupancies: 6. All other permits (pools, sheds, decks, and etc.) 7. Number of Certificates of Occupancy issued for all occupancies: 8. Number of Certificates of Compliance issued for all occupancies: mbmh >ER5^ 9. Number of Stop work orders issued for reporting year ' 10. Have procedures been established for notification by the chief of your fire department(s) regarding Yes fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent: | Sns/^Istru'ct 11. Have procedures been established for identifying and addressing unsafe structures and equipment: YeS DOS-1743 (07/07)Please type or print legibly - Incomplete or Illegible forms will be returned New York State Department of State Division of Code Enforcement and Administration 41 State Street Albany. NY 12231 Ph:(518)-474-4073 FAX:(518}-486-4487 www.dos.state.ny.us 19NYCRR PART 1203 UNIFORM CODE: MINIMUM STANDARDS FOR ADMINISTRATION AND ENFORCEMENT Annual Local Code Administration and Enforcement Report In accordance with 19 NYCRR PART 1203.4 Program Review and Reporting Reporting Year: 2007 Jurisdiction Town of Ithaca 12a. Manufacturing, storing or handling haiardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1 (2), 2703.1.1 (3) or 2703.1.1 (4), of the Fire Code of New York State (see 19 NYCRR Part 1225); 12b. Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling: 12c. Use of pyrotechnic devices in assembly occupancies; 12d. buildings containing one or more areas of public assembly with an occupant load of 100 persons or more 12e. Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the government or agency charged with or accountable for administration and enforcement of the Uniform Code , multiple residence, daycare12f.Other: 60 ^'®®^®^P®'*'^"center, assisted living Buildings containing an Area of Public Assembly (with occupant load of so or more and not an accessory use) 13a. Number of buildings in this jurisdiction:13b. Number of buildings inspected in this Jurisdiction: Buildings containing Multiple Dwellings (not Including dormitories): 14a. Numberofbuildingsinthisjurlsdiaion: 286 14b. Number of buildings inspected in this jurisdiction: Commercial/Industrial buildings (not included above): 15a. Numberofbuiidingsinthisjurisdiction; 72 15b. Number of buildings inspected in this jurisdictions 16. Has your municipality adopted more restrictive requirements to the New York State Energy Conservation Construction Code ? pi Yes, Residential only p Yes, Commercial only p Yes, Commercial and Residential |Xj No 17. Has your municipality adopted Green or Sustainable Building Standards for construction? □ Yes, Residential only p Yes, Commercial only p Yes. Commercial and Residential (XjNo 18. Please check any of the following procedures that your municipality uses to ensure compliance with the Energy Code ? (check all that apply) Field Inspections jxl Plan Reviews Software Report/Print-out Compliance Check List I Other (Please Specify): DOS-1743 (07/07)Please type or print legibly - incomplete or illegible forms wilfbe returned • New York State Department of State Division of Code Enforcement and Administration 41 State Street Albany, NY 12231 Ph:(518)-474-4073 FAX:(518)-486-4487 www.dos.state.ny.us 19NYCRR PART 1203 UNIFORM CODE: MINIMUM STANDARDS FOR ADMINISTRATION AND ENFORCEMENT Annual Local Code Administration and Enforcement Report In accordance with 19 NYCRR PART 1203.4 Program Review and Reporting Reporting Year: 2007 Jurisdiction Town of Itnaca 19. On Bvarage, how many site irrspecctions does your municipality conduct for Energy Code compliance for each new residential building 7 O 0 O 1 ® 2 ^ 0 4°"Ttore 20. On avarage, how many site inspecctions does your municipality conduct for Energy Code compliance for each new commercial building 7 n. 0 ni 0 2 (•! 3 O^ormore Town of Ithaca O 4 or more 21. Based on your municipalities records, what method of Energy code Compliance is submitted most often for Residential construction? (rank in order 1 to 6,1 being the most used method) Software RESCheck 1 Other Software Method 6 Trade-off Method Worksheets (DOS Website) 3 Prescriptive Method Energy Analysis Method 4 22. Based on your municipalities records, what method of Energy code Compliance Is submitted most often for Commercial construct1on7 (rank in order 1 to 6,1 being the most used method) Software COMCheck |l Other Software Method 6 Trade-off Method Worksheets (DOS Website) 4 Prescriptive Method Energy Analysis Method 3 23. Are requirements fo, compliance with the Energy Conservation Construction Code a part of the application for a building permit7□ Y^^djtialonly Q Yes, Commercial only ^ jK V«,Co^ □ N" 24. Total number of all registered Uniform Code related complaints received for this reporting year: 26. Total number of all registered Energy Code related complaints received for this reporting year: 25. Total number of all registered Uniform Code related complaints acted upon for this reporting year: MNTS v3 27. Total number of all registered Energy Code related complaints acted upon for this reporting year: iRiCORb keepingctOihilSiri'^HntTrir^^ 28. Has a system of records of the features and activities specified in 19 NYCRR 1203.3(a) through (i) been established and maintained; Yes Name and Title of person completing this form: Kristie Rice, Senior Code Enforcement Officer E-mail Address; krice@town.ithaca.ny.us Phone: 607.273.1783 Signature: DOS-1743 (07/07) Date; Jan 10,2008 Signature not required when submitting this form electforricaily Please type or print legibly - Incomplete or niegible forms will be returned TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM & TO: FROM: RE: DATE: TOWN BOARD JONATHAN KANTER, AICP DIRECTOR OF PLANNING ^ PRESENTATION OF 2007 ANNUAL REPORT AND OUTLINE OF SUGGESTED 2008 WORK PLAN PRIORITIES FEBRUARY 5, 2008 / s ^ \ I am pleased to present the attached Annual Report for 2007 on behalf of the Town of Ithaca Planning Department. In summary, the major accomplishments during 2007 included the following: • Completion and adoption of the Town of Ithaca Transportation Plan; • Completion of review of the 1993 Town of Ithaca Comprehensive Plan; • Codes & Ordinances Committee: Completion of drafts of proposed stormwater local laws and draft amendments to the Lakefront Residential Zone, and adoption by the Town Board of zoning amendments regarding home occupations, zoning amendments to allow amateur radio facilities, and a zoning amendment regarding the definition of yards; • Participation with Tompkins County in completing the Northeast Walkability Study; • Significant progress in affordable housing initiatives; • Successful completion of the first year of the mandatory training requirements for Planning Board and Zoning Board members; and • Initiation of the Northeast study of biological and ecological qualities of lands in and adjacent to Sapsucker Woods UNA. In addition, I have outlined possible Department priorities for 2008 and beyond as follows. Comprehensive Plan Update: Through the new Comprehensive Plan Committee, update the 1993 Comprehensive Plan for adoption by the Town Board. /•*s« Codes & Ordinances Committee: (a) complete stream buffer law; (b) adopt Coy Glen ^ , Conservation Zone; (c) adopt regulations regarding wind energy facilities; and (d) complete revisions to the sign law (Chapter 221 Town of Ithaca Code). [COC is considering a more complete list of work plan priorities for 2008.] Planning Committee: Work with the new Planning Committee on various development proposals and rezonings, including Carrowmoor and South Pointe Assisted Living Community. Complete Northeast consultant study. Coordinate joint planning efforts, such as the Cornell t-GEIS. Complete review of Forest Home Traffic Calming Plan and work with Forest Home on strategies to implement that plan. Route 96 Corridor Management Study: Participate with other municipalities in cooperative study of the Route 96 Corridor, focusing on growth scenarios and strategies to minimize transportation impacts on the Corridor. Stormwater Management Program: Adopt stromwater management laws. Continue implementation of stormwater management program, including public education and awareness. Continue participation in Stormwater Coalition of Tompkins County. Affordable Housing Strategies: Continue working with others on strategies to encourage or provide for housing that is affordable to households with moderate incomes. Consider possible affordable housing regulations (e.g., density bonus approach for developers willing to include a f certain percentage of moderate income units, mandatory requirement to include a certain ^ ^ percentage of moderate income units in any residential development, etc.). Continue working with Cornell and others to identify possible sites for mixed use, higher density development, including affordable housing units. Gateway Trail: Continue planning and design work and coordination with City of Ithaca and NYS Office of Parks, Recreation & Historic Preservation on the proposed trail project. Continue grant administration requirements for the project. Conservation Board: (1) Revise draft Natural Areas Preservation Program report and send to Town Board for consideration; (2) review Conservation Zone provisions for improvements- particularly in regards to tree preservation; (3) assist with implementation of recommendations in the Scenic Resource Committee report, "Saving Ithaca's Views"; and (4) participate in development of final report and encourage enactment of Coy Glen Conservation Zone. Development Review: Continue providing staff support to Planning Board and Zoning Board of Appeals. Agendas have been extremely busy, and are expected to remain that way. Att. ( \ / \ / s TOWN OF TTHACA PLANNING DEPARTMENT ANNTTAT. REPORT FOR 2007 DEVELOPMENT REVIEW Planning Board Actions: A major portion of Planning Department time was spent in support of the activities of the Planning Board in the review of subdivisions, site plans, special permits, recommendations to the Town Board, and other planning activities. A "Summary of Town of Ithaca Planning Board Actions - 2007" is attached to this report (see Appendix A). The Planning Board approved a total of 88 actions during 2007 (an increase from 83 actions in 2006), including a total of 16 subdivision approvals, 28 site plan approvals, 10 sketch plan reviews, 4 site plan modifications, 12 recommendations to the Town Board or Zoning Board of Appeals, 15 special permits/approvals, and 3 miscellaneous Planning Board actions. Pending residential development anticipated as a result of the final approvals granted by the Planning Board in 2007 include 10 potential new residential building lots and the development of the skilled nursing/adult care addition at Longview, an Ithacare Community, located on Bella Vista Drive. Anticipated commercial development includes the new French Lavender flower shop on Mitchell Street, the expansion of the Ithaca Beer Company on Elmira Road (construction of a malt silo), and the conversion of the former Rite-Aid space in the East Hill Plaza into two new rental units for Cayuga Press, Inc. and Sedgwick Furmture. Finally, anticipated institutional development includes the construction of the Cornell Merrill Family Sailing Center located on East Shore Drive (under construction), the Comell University Animal Health Diagnostic Center located off Caldwell Road in the northeast comer of &e College of Veterinary Medicine Complex, the Comell University Utilities Department Service Yard improvements located between Maple Avenue and Dryden Road/NYS Route 366, and the Elizabeth Arm Clune Montessori School Middle School addition (under constraction) and Phase I of the "Field of Dreams," located on East King Road. Zoning Board of Anneals Actions: As a continuing part of the re-organization of the former Building & Zoning Department, the Planning Department provided regular staff support to the Zoning Board of Appeals during 2007. Staff regularly attended Zoning Board meetings, prepared all materials (including SEQR reviews) and coordinated all aspects of the review of Zoning Board of Appeals cases with the cooperation and support of the Code Enforcement staff. f \ Attached is the "2007 Zoning Board of Appeals Summary," (see Appendix B) containing a history of Zoning Board actions from 2002 to 2007. In 2007, the Zoning Board heard a total of 46 appeals, down from 55 appeals in 2006. The Board granted 41 of those appeals and denied one use variance and one area variance. Additionally, two appeals were adjourned and one was ' ^ an interpretation. Similar to 2006, the majority of the 2007 appeals were for area variances, • * which included mainly front, side, and rear yard setback variances and hei^t variances. Finally, there were two granted special approvals, four granted sign variances and two granted sprinkler variances. Development Review Fees - 2007: In 2007, the Planning Department received thirty-six new development review applications consisting of approximately twenty-two site plan reviews, nine subdivision reviews, and five others consisting of special permits or recommendations to the Town Board or Zoning Board. Some of these applications include multiple actions that were not counted separately for the development review accounting purposes. There were also multiple applications for projects started prior to 2007 that submitted applications for other stages of review and are not included in the numbers listed above. In 2007, a total of $26,526.00 was collected for site plan review, subdivision review, special permits, recommendations to the Town Board and the Zoning Board, and additional meeting fees. This includes all thirty-six new projects submitted in 2007 along with several older projects that submitted new applications in 2007 and were still active. The $26,526.00 collected slightly exceeds the anticipated revenue for Planning Fees in the adopted 2007 Budget (Account No. B2115). The table in Appendix C shows all the fees collected in 2007 broken down by the category or stage of review. ' ^ Plan Compliance and Inspections: The Planning, Engineering and Public Works Departments continue to work together to coordinate development inspections and compliance issues. "PEZ" meetings were held monthly to coordinate development review follow-ups. Town Board SEOR Reviews: Staff prepared 6 SEQR reviews in 2007 for local laws adopted by the Town Board (e.g., zoning amendments regarding home occupations, amendment to the Lakefront Commercial Zone for the Cornell Sailing Center, local law allowing amateur radio facilities, zoning amendment regarding definition of "lot", local law for tax exemptions for disabled residents, and local law for tax exemptions for senior citizens). PARK, RECREATION & OPEN SPACE PLAN IMPLEMENTATION Open Space Fund: The Open Space Fund, which is currently funded through the Operating Budget, had a balance as of December 31,2007 of $409,753. Funds are available for open space or park acquisition, purchase of conservation easements, and trail or park development. Agricultural Land Preservation Program: There was no activity in 2007 regarding the Town's f \ Agricultural Land Preservation Program. The Town did receive two applications for which ^ ^ appraisals were prepared for in 2006, but no further activity has been pursued on these properties. In August 2007, Planning staff conducted the annual inspection of the Ferguson 7^ ^ ' property on West Hill and found the property to be in compliance with the provisions of the ^ conservation easement. East Ithaca Recreation Wav (William and Hannah Pew Bikewav): The Town of Ithaca Public Works staff continued to make significant progress on the construction of the trail in 2007. Work occurred on all portions of the trail including the bus stop and walkway along Pine Tree Road. Planning staff continued to coordinate the grant administration. Two requests for reimbursement under the federal grant were submitted and received in 2007, primarily for construction and inspection costs. Gatewav Trail: The grant agreement with NYS Department of Transportation (NYSDOT) has been approved and signed for the design phase of the Gateway Trail project. Planning, Engineering and Public Works staff along with a representative of the City of Ithaca met with a NYSDOT administrator to discuss the administrative requirements of the Gateway Trail grant. The next step for the Town is to prepare a report regarding the scope of the project, including existing conditions, significant issues that need to addressed in project design and planning, possible alternative trail alignments and solutions, and pending right-of-way issues. West Hill Trail Connections: A group of Town and City officials and the ITCTC Executive Director met several times in 2007 to discuss potential bicycle and pedestrian trail connections ^ fi-om West Hill in the Town into the City of Ithaca. The goal would be to connect developing areas in the Town with existing or potential sidewalks and trails in the City to provide alternative ways for people to travel other than in cars and ultimately to provide links to the Cayuga Waterfi-ont Trail and future Black Diamond Trail. Several possible corridors were identified. It is anticipated that this group will continue to meet in 2008 with maps of possible corridors and affected parcels, and possibly site visits of the potential areas for trails. CONSERVATION BOARD The Planning Department provided regular staff support to the Conservation Board during 2007. Staff coordinated and regularly attended Board meetings, as well as provided support to several Conservation Board (CB) committees, such as the Environmental Review Committee, the Scenic Resources Committee, and R. Fischer Environmental Conservation Recogmtion Award Committee. Of note for 2007 are: Membership: The Conservation Board is currently seeking a new member, due to the recent departure of Lenore Durkee. Lenore had served on the Board for seven years. The newest member of the Board, Mike Goettel, was appointed in August 2007. Mike filled a vacancy created when Melissa Anthony who stepped down to an Associate position after the birth of her first child. Richard B. Fischer Environmental Conservation Recognition Award: Jane Moon Clark was the recipient of the fourth annual R. B. Fischer Environmental Conservation Recogmtion Award. . ^ Ms. Clark is a 5^^ grade teacher at Caroline Elementary School and was chosen because of her \ innovative environmental education program, in which students created environmentally themed and informative calendars, with the sale proceeds donated to an important cause/organization carefully chosen by the students. / \ f \ In 2007 the Board decided to combine the award presentation and tree planting ceremony into < ^ one event. The planting/awarding celebration was held in May at the Town's East Hill Nature Preserve. The event was very well attended, with students, parents, and neighbors helping to plant the Chinquapin Oak, with assistance from the Public Works Department. CB members were very pleased with the outcome, and will likely continue with this revised event approach. The Committee is currently seeking nominations for the 2008 award. The deadline for submissions is February 29^*^, 2008 Scenic Resources Committee: The Scenic Resource Committee had a very productive year. In early 2007 the Committee focused on public outreach. The committee prepared an informational insert for the Town's winter/spring newsletter, developed a display for the Town Hall lobby, as well as an informational page and questionnaire on the Town's website. This effort provided an opportunity to educate the public on scenic resources in general, and the committee's work specifically (collecting and ranking scenic views, proposing strategies for protection, etc.), with an opportunity to engage and involve residents in selecting those views and protection strategies they deemed important. Following the public outreach campaign, the committee focused efforts on developing a report to summarize their work to date, present their recommendation for those views in the Town most needing protection, along with a list of proposed measures directed at protecting and enhancing /' \ enjoyment of views. [This report was presented to the Town Board in January 2008.] / ^ Environmental Review Committee: The Environmental Review Committee (ERG) continued to ERG members conducted numerous site visits and composed comments for Planning Board consideration on a wide range of projects. Other Special Projects: The Board provided input on the draft Stream Setback Law, the draft Wind Energy Law, and draft stormwater management law, as well as the Briarwood Subdivision proposal. In addition, the GB representatives on the Tompkins County Environmental Management Council, the Six Mile Greek Volunteer Monitoring Program, and the City Natural Areas Commission continue to provide monthly reports to the Board, allowing the members to stay informed, and coordinate as necessary with the activities of these other local environmental organizations. CODES AND ORDINANCES COMMITTEE The Planning Department provided staff support to the Codes and Ordinances Committee in 2007. The following were completed by the Committee and sent on to the Town Board for adoption: • Adoption of Stormwater Management Laws pursuant to State and Federal requirements (Town Board has scheduled a public hearing to consider adoption on February 11,2008). f \ 7-^ ^ • Amendments to Lakefront Residential Zone (regarding docks and other shoreline requirements — this was referred to the Town Board for consideration at the February 11, 2008 meeting). A survey of lakefront homeowners was also conducted by the Committee in conjunction with this effort. • Zoning amendments regarding home occupations (adopted by Town Board on 2/12/07). • Zoning amendments to allow amateur radio facilities (adopted by Town Board on 8/13/07). • Zoning amendment regarding definition of yards (adopted by Town Board on 8/13/07). In addition, significant progress in 2007 was made on the following: • Proposed stream setback law (final work on this was deferred in order to complete the mandated stormwater laws). • Draft local law to allow wind energy facilities. • Amendments regarding sign law (Chapter 221 Town of Ithaca Code — also deferred to complete storm water laws). \ • Draft local law regarding illicit discharges and connections to municipal storm sewer systems (also mandated by State and Federal requirements). COMPREHENSIVE PLAN REVIEW COMMITTEE The Comprehensive Plan Review Committee was appointed by the Town Board in early 2007 with the task of reviewing the 1993 Town of Ithaca Comprehensive Plan (Plan) and related documents, and the directive to report back to the Town Board with recommendations regarding an update of the Plan. Committee members included Herb Engman, Cathy Valentino, Pat Leary and Will Burbank. Staff support was provided by the Planning Department. The Committee met monthly since March 2007. The Committee reviewed the Plan itself and related documents such as the Park, Recreation & Open Space Plan. The Committee completed its review of the Plan and reported back to the Town Board with its recommendations (memo to Town Board dated December 4, 2007). In general, the Committee found that the Plan was very well prepared and is still largely relevant to the Town's current situation. Many of the Plan's recommendations have been implemented, such as a complete revision of the Town's Zoning Ordinance, adoption of a new Transportation Plan, enactment of Conservation Zones and other environmental protection measures, and a voluntary purchase of development rights program for the preservation of agricultural land. The Committee also found that there is a lot of new information available since the 1993 Plan was adopted, and some issues, ^ V such as affordable housing, are coming into focus more clearly than in the past, and require X further attention. Key recommendations of the Committee were that there should be a full update of the Plan that will probably be a two-year effort, there should be an update of the 1990 Residents' Survey, that Town and City of Ithaca efforts to update each respective Plan should be coordinated, that a ^ ^ Comprehensive Plan steering committee should be established to coordinate the Plan update, and ' ' that Planning Department staff should do the majority of the technical work on the update (as opposed to hiring a consultant). The Town Board accepted the Committee's recommendations and is in the process of setting up a Comprehensive Plan Committee, consisting of three Town Board members, representatives from the Town Planning Board, Zoning Board of Appeals, and Conservation Board, and other residents of the Town. The Town Board also included funding in the 2008 Budget for the hiring of an additional Planner for up to two years to facilitate the completion of the Plan update. TRANSPORTATION COMMITTEE The Planning Department provided regular staff support to the Transportation Committee during 2007. Staff attended Committee meetings and provided assistance as necessary. Adoption of Transportation Plan: The highlight of the Committee's work was the completion of the Transportation Plan, which was adopted by the Town Board on July 9,2007. Work related to the adoption of the Plan included holding several public hearings, addressing comments received from the public regarding the draft Plan, incorporating final revisions into the Plan, completing the necessary SEQR documents for the environmental review, updating the Plan documents on the Town website. Nicole Tedesco was hired on a part-time consulting basis to assist with the completion of the Plan. ' \ Forest Home Traffic Calming Plan: The Committee also reviewed the draft Forest Home Traffic ( \ Calming Plan (Feb. 1, 2007), had several discussions that included representatives from Forest Home, and sent comments (in a memo dated August 14, 2007) to the Forest Home Improvement Association regarding the draft Traffic Calming Plan. OTHER PLANNING DEPARTMENT PROJECTS AND ACTIVITIES Ithaca-Tompkins County Transportation Council (ITCTCI: Planning staff attended regular meetings of the ITCTC Planning Committee and joint meetings of the Planning and Policy Committees. Jonathan Kanter served as Vice Chair of the ITCTC Planning Committee in 2007. Projects initiated or completed in 2007 included adoption of the 2007-2012 Transportation Improvement Program (TIP) Update, preparation of the 2007-08 Unified Planning Work Program, action on TIP amendments (City of Ithaca trail project and transit funding revisions), acceptance of the new Countywide Traffic Count Report prepared by ITCTC staff), printing of the new Bicycle Suitability Map, adoption of amendments to the ITCTC Long Range Transportation Plan relating to SAFETEA-LU compliance, and initiation of a sub-conunittee to discuss and make recommendations regarding Comell's announcement to make $10 million available to the community over the next ten years for transportation initiatives. Route 96 Corridor Management Studv: Planning staff participated in meetings sponsored by Tompkins County to initiate the Route 96 Corridor Management Study. Work completed by the study group, which included representatives from Tompkins County, Towns of Ithaca and f \ Ulysses and City of Ithaca, included preparation of a draft study scope, preparation and ^ distribution of a Request for Proposals (]^P) soliciting interest of consultants to assist with the project, consultant interviews and selection of a preferred consultant to assist with the study, and ^ preparation and signing of an inter-municipal agreement for all of the participating entities. The study is expected to be completed by the end of 2008. Cornell University Transnortation-focused Generic Environmental Impact Statement (t-GEIS): Town staff has continued working with the Cornell Project Team on the preparation of the t- GEIS. The Resource Committee and Project Team met several times in early 2007. Consultant work continued on Comell growth scenarios, transportation impact analysis, and the development of possible mitigation strategies. Neighborhood workshops were held in April. Individual draft chapters of the t-GEIS were distributed to and reviewed by Project Team members, and are still in the process of being revised by Comell and the consultant team. Comell has also worked on a preliminary draft of the Transportation Impact Mitigation Strategies (TIMS) that will accompany the t-GEIS. Comell hopes to have the completed draft t- GEIS and TIMS submitted to the Planning Board, acting as lead agency in the environmental review, in early 2008. It is hoped that the t-GEIS process will be completed in 2008. Northeast Walkabilitv Studv: The Tompkins County Walkability Assessment was completed in 2007. This included the Northeast Ithaca Case Study in the Town of Ithaca. Planning staff participated in the study steering committee with Town Board members Peter Stein and Pat Leary. The steering committee reviewed a draft report (June 14, 2007) and provided comments to the Tompkins County Planning Department. The County presented the findings and recommendations of the study at a public meeting held at Town Hall on July 9, 2007. The final report - 'Tompkins County Walkability Assessment Methodology and Case Studies" ' ' (September 24, 2007) was completed and provided to the Town (a copy is available in the ^ Library in Town Hall). In addition to a suggested methodology to assess walkability in other areas, the report includes recommended priority projects and changes to pedestrian infrastructure to improve walkability and safety in the Northeast area of the Town of Ithaca. Storm water Coalition of Tompkins Countv: Planning staff continues to participate in the Stormwater Coalition. This inter-municipal partnership was organized so that the MS4 regulated communities in Tompkins County can work collectively to meet the goals of the NYS DEC s stormwater management requirements. The Coalition is composed of MS4 representatives from the Town and City of Ithaca, Town's of Dryden, Caroline, Ulysses, Newfield, Lansing, Village of Lansing and Cayuga Heists, and Tompkins County, with ex-officio participants from other local groups having an interest in water resources including Tompkins County Soil and Water District, Comell Cooperative Extension, Comell University and the Cayuga Lake Watershed Network. The group has been meeting monthly since 2003. Accomplishments for 2007 include: . Successfully urged the NYS DEC to consolidate the three NYS Water Quality Improvement Project (WQIP) grants that were awarded to the Coalition over a several year period, totaling approximately $361,240, for a wide range of projects. The consolidation will alleviate the slow process in getting the money released from the state. The Town can expect to receive around $11,000 for attomey fees associated with development of the ^ ^ Stream Setback Law and the Stormwater Management & Erosion Control Law, $9,000 for stream monitoring programs, and funds of similar amount for staff time associated with implementation of the stormwater management law. • Continued allocation of 2003 grant funding targeted for education and outreach programs, f ^ and for mapping stormwater outfalls within the MS4s boundaries of the County. The Town / , of Ithaca was allocated approximately $13,800 for the outfall mapping work. Because the Town Engineering Department had die staff know-how and GPS equipment, eight (out of ten) of the other MS4 communities asked the Town to conduct their outfall mapping for them, with each town giving their funding allocations to the Town in retum. The Engineering Department trained and hired interns to perform the field work and mapping. • Organized and held a Illicit Discharge and Detection Stormwater Construction Site Inspection Workshop in May. Several staff members from the Town of Ithaca Public Works Facility attended this workshop that involved both a classroom presentation and field visits. • Collaborated on the required Annual Report to NYS DEC documenting progress on the Town's stormwater management program. • The Coalition finalized a set of bylaws. Affordable Housing Initiatives: Planning staff and Town Board member Herb Engman (now Supervisor) participated in several efforts in 2007 aimed at promoting affordable housing opportunities in the Town of Ithaca and Tompkins County. As a follow-up to the Tompkins County Housing Needs Assessment, the County Planning Department drafted a proposed "Housing Strategy for Tompkins County" (6/5/07), which was endorsed and supported by the ^ Town Board in TB Resolution No. 2007-122 on July 9,2007. / ^ A group 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 a number of times in 2007 to discuss and advance strategies for affordable housing, including the housing trust model, in which a municipal or not-for- profit organization purchases and holds land available for lower cost housing development, and a housing affordability fund, that would include a dedicated source of funding for qualifying housing developments. Toward the end of 2007, Comell University announced its commitment to make $20 million available to invest in the community over the next ten years for what appears to be primarily transportation and housing initiatives. The housing trust group and the Mayor's housing forum met to discuss specific strategies that mi^t be able to take advantage of this financial commitment from Comell. These groups will collaborate to come up with a recommendation that could be funded in part by Comell regarding the establishment of a community housing tmst and a housing affordability fund (both outlined as priorities in the "Housing Strategy for Tompkins County. Additional elements of an overall strategy could include a set of guiding principles; an employer assisted housing program; rental housing development; and tax exempt bond financing. Work on this effort will continue in 2008, and could be incorporated into the work by the Town's Comprehensive Plan Committee on the Plan update. TCAD Economic Development (ED) Collaborative: The Director of Planning attended quarterly meetings of the ED Collaborative. The ED Collaborative held a workshop on January 23, 2007, focusing on the three primary goals in the Economic Development Strategy update — housing, work skills, and revitalization. Participants discussed their top objectives and priorities in those ^ three categories. The ED Collaborative prepared a summary report regarding that workshop. The group discussed a number of initiatives that are underway, including the Cayuga Green, Inlet Island developments and Collegetown Vision Study in the City; the Wine Center that is being sponsored by the Downtown Partnership; the new car share program that is being set up by rrCTC; tourism programs in the County; a report by the infrastructure work group that is looking at sewer and water issues in outlying areas; and the Route 13 and Route 96 Corridor Studies being coordinated by the County Planning Department; and ComelPs announcement regarding its $20 million investment in the community for housing and transportation projects. Conferences and Training Sessions: Planning staff and board members attended the following conferences and workshops during 2007. Highlights of some of the conferences are described in the Planning Director's monthly reports, and conference materials are available in the Planning Department: • American Planning Association Upstate New York Chapter, Binghamton, NY — September 19-20,2007 • Trail Conference, Rochester, NY - September 29, 2007 • New York Planning Federation Conference, Saratoga Springs, NY — October 7-9, 2007 Mandatorv Training of Planning and Zoning Board Members: The Planning Department oversaw ^ ^ the mandatory training requirements for board members during 2007. The Town Board adopted ^ a resolution (TB Resol. No 2007-195) on November 19, 2007 outlining the training requirements that are required under Sections 267 and 271 of NYS Town Law. The Director of Planning and Human Resources Manager met late in 2007 to discuss the mandatory training program for Planning and Zoning Board members, and records of all training credits obtained during 2007 were turned over to the Human Resources Manager. In summary, all current Planning and Zoning Board members continuing in 2008 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. Carrowmoor Committee: This Committee established by the Town Board to provide recommendations and a draft local law for a Planned Development Zone regarding the proposed Carrowmoor development met several times in 2007 beginning in May. Discussion focused on issues associated with the proposal, including traffic £ind transportation, affordable housing, number of housing units in the development, impacts of the development on the School District, guarantees for completion of project phases and infrastructure, whether more open space could be preserved on the site, water pressure available on the site and possible improvements needed, and other aspects. Sample laws for other developments, such as EcoVillage and Overlook at f \ West Hill were reviewed by the Committee. \ The Committee sent a favorable recommendation to the Town Board to give further consideration to this development proposal. The Town Board at the September 10,2007 meeting agreed to pursue this proposal, and requested the Attorney for the Town and Planning staff to < \ draft a local law proposing a Planned Development Zone (PDZ) to set the framework for ' ^ elements of the proposed development, including transportation mitigation measures, such as contributions toward a trail system to connect into the City of Ithaca, an affordable housing component, a phasing plan for construction of the overall development and infrastructure, water system improvements that will be the responsibility of the developer, incorporation of certain required elements into condominium association by-laws, and inclusion of other elements that have been discussed with the developer. The Committee met in October 2007, and discussed the status of drafting a local law for a Planned Development Zone to allow the Carrowmoor development, the concept of housing trusts and how that may or may not relate to the affordable housing component discussed for Carrowmoor, and the need to obtain more information from the developer regarding a market/feasibility study for the proposal and additional financial information from the development team. The Attorney for the Town and Director of Planning met to begin drafting a local law for the Planned Development Zone. The drafting process was initiated. [A draft law has been prepared by the Attomey for the Town and is being reviewed by the Director of Planning and Town Supervisor. When ready, it will be sent to the new Planning Committee for review and then to the Town Board for consideration to formally begin the development review process.] Northeast Studv of Biological and Ecological Qualities of Lands in and Adjacent to Sapsucker Woods UNA: The Town Board adopted a moratorium on development in the northeast comer of the Town for a period of 270 days at the September 10, 2007 meeting in order to conduct a study of the natural features and biological and ecological qualities of lands in the northeast area of the '' \ Town (TB Resolution No. 2007-153), and established a committee to develop a scope for that ^ ^ study. Planning staff worked with that committee to prepare and distribute a Request for Qualifications (RFQ) to a list of 15 possible consulting firms. Out of six consultants that responded to the RFQ, the committee interviewed two consultants, and at the October 15, 2007 meeting, the Town Board authorized the hiring of LeCain Environmental Services, Inc. to conduct the study for the Town, and authorized funding of up to $20,000 for the study. A final study scope was prepared, and a contract with LeCain Environmental Services was signed. Planning staff met several times with Ron LeCain to initiate the study. The consultants conducted initial field work in October and prepared an Interim Report (November 30, 2007), which was presented to the Town Board at the December 10, 2007 meeting. The interim report included preliminary observations regarding the study based on the initial field work, preliminary qualitative observations regarding the relative ecological values of different sections of land wi&in the study area, and a recommendation that the Town Board consider extending the study timeframe to include sampling of ecological communities and surveying of rare and scarce plants to assess these features throu^ the later end of the growing season. The moratorium is currently set to expire on or about June 17, 2008. Planning staff will continue to work with the consultants to complete the study in 2008. Pennsvlvania/Kendall Avenue Occunancv: The Director of Planning met with the Town Board committee (Peter Stein and Pat Leary) to discuss occupancy issues and possible zoning changes that could address the problems that have been identified in the Pennsylvania/Kendall Avenue areas. Planning staff prepared a housing inventory of areas zoned High Density Residential ( \ (HDR) to identify the number of one-family, two-family and multi-family houses in those areas, as well as an aerial map of the neighborhood. The Committee met to discuss possible strategies to address the occupancy issues. [The Committee subsequently met with several residents of the 10 i 7-^ r \ \ Pennsylvania/Kendall Avenue area to further discuss the problems in the area and possible solutions. The residents agreed to walk the neighborhood and mark up the map with their observations regarding property maintenance issues, potential illegal occupancies, and locations of known problems regarding noise and parties. The residents will contact the Committee after conducting this survey to follow-up on possible strategies. 2008 Budget: The Planning Department's proposed 2008 Budget was completed and submitted to the Supervisor, and incorporated into the adopted 2008 Budget. Newsletters: The Planning Department coordinated the preparation and distribution of two newsletters (Spring and Fall) in 2007. This is coordinated by Chris Balestra, Planner. Performance Reviews: Staff performance reviews were completed during September 2007. Respectfully submitted. lonathan Kanter, AICP, Director of Planning Susan Ritter, Assistant Director of Planning Michael Smith, AICP, Environmental Planner Christine Balestra, Planner February 5,2008 11 7^ < \ \ rs f \ \ APPENDICES: TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT APPENDIX A: SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS -2007 APPENDIX B: 2007 ZONING BOARD OF APPEALS SUMMARY APPENDIX C: 2007 PLANNING BOARD APPLICATIONS - DEVELOPMENT REVIEW FEES ' ^ r \ \ APPENDIX A SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS - 2007 Preliminary Subdivision Approvals Granted 1 Final Subdivision Approvals Granted 15 (includes actions where prelim. & final approval were simultaneous) Sketch Plan Reviews (Including Revised Sketch Plans) 10 Preliminary Site Plan Approvals Granted 5 Final Site Plan Approvals Granted 23 (includes actions where prelim. & f ^ final approval were simultaneous) Site Plan Modifications 4 Recommendations (to Town Board, ZBA, etc.) 12 Special Permits/Approvals 15 (includes actions where special permit were simultaneous with other approvals) Miscellaneous Planning Board Actions TOTAL ACTIONS 88 A N f \ PWF.T.TMINARY SUBDIVISION APPROVALS ' n 1093 Group LLC 2-Lot Subdivision, 330 Pine Tree Road: The Planning Board granted Preliminary Subdivision Approval for the proposed 2-lot subdivision located at 330 Pine Tree Road. FINAL SUBDIVISION APPROVALS 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. PRELIMINARY AND FINAL SUBDIVISION APPROVALS Barrett 2-Lot Subdivision, 133 & 135 Westview Lane: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 133 & 135 Westview Lane. Berkley/Corbett 2-Lot Subdivision, 227 & 221 King Road East: The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision (lot line modification) located at 227 and 221 King Road East. Campbell/Stratakos 2-Lot Subdivision, 362 and 364 King Road West: The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision (lot line modification) located at 362 and 364 King Road West. Duffy 3-Lot Subdivision, 1301 & 1305 Hanshaw Road: The Planning Board granted Preliminary and Final Subdivision approval for the proposed 3-lot subdivision located at 1301 & 1305 Hanshaw Road. Greenspun, Gizewski & Greenspun 2-Lot Subdivision, 441 Bostwick Road: The Planmng Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located just east of433 and 439 Bostwick Road. Harrick 2-Lot Subdivision, 340 West King Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 340 King Road West. Henry 2-Lot Subdivision, 1020 Hanshaw Road: The Planning Board granted Preliminary and Final Subdivision Approval (re-application) for the proposed 2-lot subdivision located at 1020 Hanshaw Road. Henry 3-Lot Subdivision, 1020 Hanshaw Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3-lot subdivision located at 1020, 1022 and 1024 Hanshaw Road. . ( > f s 11 ^ \ r ( \ \ lacovelli 2-Lot Subdivision, 240 Pennsylvania Avenue: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 54-7-17 into two lots located at 240 Pennsylvania Avenue. Lot Line Modification, 357 and 359 King Road East: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed lot line modification at 357 and 359 King Road East. Raponi/Iacovelli Lot Line Modification, 341 and 347 Coddington Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed lot line modification at 341 and 347 Coddington Road. Sleeper 2-Lot Subdivision, 156 & 158 Westview Lane: The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision located at 156 and 158 Westview Lane. Southwoods 4-Lot Subdivision, King Road East and Southwoods Drive: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located off King Road East and Southwoods Drive. Stein 2-Lot Subdivision, 153 & 153-1/2 Westview Lane: The Planning Board granted Preliminary and Final Subdivision approval and modification of the original 1986 Grandview Subdivision approval for the proposed 2-lot subdivision located at 153 and 153 Vi Westview Lane. SKETCH PLAN REVIEWS Sketch Plan Review - Holochuck Homes/Cayuga Cliffs, located between Trumansburg Road and Taughannock Boulevard: The Planning Board reviewed and discussed a sketch plan for the proposed Holochuck Homes/Cayuga Cliffs Development located between Trumansburg Road (l^S Route 96) and Taughannock Boulevard (NYS Route 89). The proposal involves the construction of 106 town home type units in a clustered neighborhood development with two entrances proposed from Trumansburg Road. The development would be concentrated on the west side of ihe property closer to Trumansburg Road with the eastem portion of the property remaining undeveloped. Sketch Plan Review - Cornell University Animal Health Diagnostic Center, Caldwell Road: The Planning Board reviewed a sketch plan for the proposed construction of the Cornell University Animal Health Diagnostic Center located off Caldwell Road in the northeast comer of the College of Veterinary Medicine Complex. The proposal includes the demolition of several small and outdated buildings for the construction of a new 4 story, +/- 126,000 square foot laboratory research building. z' \ Sketch Plan Review - Cornell University Combined Heating & Power Plant Project, Dryden Road: The Planning Board reviewed a sketch plan for the proposed Comell University Combined Heat and Power Plant project located to the south of the Central Heating Plant on 111 Dryden Road. The proposed addition will occupy a footprint of approximately 17,000 square feet ^ ^ and includes two partial levels plus a mechanical penthouse. The addition will house two combustion turbine generators which will be matched with a dual-pressure heat recovery steam generator. The project will also include new emergency diesel generators, an aqueous ammonia storage facility, and other site improvements. Sketch Plan Review - Cornell University Merrill Family Sailing Center, 1000 East Shore Drive : The Planning Board reviewed a sketch plan for the proposed construction of the Merrill Family Sailing Center located at 1000 East Shore Drive. The proposal includes the demolition of the existing sailing center building for the construction of a new 2 story, +/- 5,466 square foot sailing center with a +/-805 square foot lakeside observation deck. The project will also include the construction of a new 15' x 80' boat storage pole bam to the south of the existing bathhouse and improvements to the gravel boat launch. Sketch Plan Review - Cornell University Utilities Department Service Yard, Central Heating Plant, Dryden Road (Rt. 366): The Planning Board reviewed a sketch plan for the proposed improvements to the Comell University Utilities Department Service Yard located between Maple Avenue and Dryden Road (NYS Route 366) around the Central Heating Plant. The proposd involves improving an existing oil tank, expansion and reconfiguration of the existing Comell Maple Avenue substation, replacement of the existing coal conveyor with a new covered coal conveyor, installation of a new coal off-loading stmcture, and the reconfiguration and upgrading of the existing service roadways. ^ f \ Sketch Plan Review - Ithaca College Athletic & Events Center, Ithaca College Campus near Coddington Road Entrance: The Planning Board reviewed a sketch plan for the proposed Ithaca College Athletics and Events Center located on the eastem side of the Ithaca College campus near the Coddington Road campus entrance. The proposal includes the constmction of a +/- 300,000 square foot field house building (containing a 200M track, indoor field for practices and games, seating and floor space for large events, Olympic size pool and diving well, indoor tennis courts, rowing center, strength and conditioning center, etc.) an outdoor-lighted artificial turf field and 400M track, and the creation of 1015 +/- parking spaces (553 existing parking spaces moved and 462 new parking spaces). The project is proposed in several phases and will also include new walkways, access roads, stormwater facilities, outdoor lighting, and landscaping. Sketch Plan Review - Ithaca College Fill Disposal Site, Ithaca College Campus North of Emerson Hall: The Planning Board reviewed a sketch plan for the proposed Ithaca College Fill Disposal Site located north of Emerson Hall on the Ithaca College campus. The proposal involves placing approximately 25,500 cubic yards of fill over a +/- 2.85-acre area during the next five years. The fill will come fi*om various constmction projects on campus and the site will be graded and seeded as fill is deposited. Sketch Plan Review - Ithaca College Temporary Metrological Tower, 144 King Road East: The Planning Board reviewed a sketch plan for the proposed Ithaca College Temporary f % Metrological Tower located at 144 King Road East between King Road East and the Ithaca f College Campus. The proposal involves clearing approximately 0.8 acres of vegetation for the IV t \ \ / X > r \ \ construction of a +/- 164 foot high metrological tower. The tower will be used to collect data such as wind speed, wind direction, and temperature for a period of time ranging from 3 months to 2 years. The study is to determine the feasibility of installing a wind turbine on Ithaca College owned lands in the future. Manley's Mighty Mart Sketch Plan, 1103 Danby Road: The Planning Board reviewed and discussed a sketch plan for the proposed expansion of the Manley's Mighty Mart located at 1103 Danby Road (NYS Route 96B). The proposal includes a +/- 1,357 square foot addition to the existing store including a drive thru, two new fuel pumps and an addition to the canopy, a new +/- 20,000 gallon under ground storage tank, and a new +/- 1,000 square foot drive thru car wash with two exterior vacuum stations. Montessori School Sketch Plan for Proposed Campus Development Plan, 117,120, and 122 King Road East: The Planning Board reviewed a sketch plan for the proposed campus meister plan for the Elizabeth Ann Clune Montessori School of Ithaca. The proposal includes a multi phase campus development plan for new outdoor play and curriculum areas along with updating the parking and circulation around the campus. TTie first phase would include clearing and grading, creation of a play field, a sledding slope, earthen mounds, new access to King Road East, stone dust paths, a wetland area and other stormwater facilities, and improving the path between the Middle School and the Lower Elementary School. PRELIMINARY SITE PLAN APPROVALS College Crossings, Northeast Corner of Danby Road and King Road East Intersection: The Planning Board granted Preliminary Site Plan Approval and Special Permit for the proposed College Crossings Development located on the northeast comer of Danby Road (NYS Route 96B) and King Road East intersection. Cornell University Animal Health Diagnostic Center, Caldwell Road: The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed Cornell University Animal Health Diagnostic Center located off Caldwell Road in the northeast comer of the College of Veterinary Medicine Complex. Cornell University Sailing Center, 1000 East Shore Drive: The Planning Board granted Preliminary Site Plan Approval and a Special Permit and issued a positive recommendation to the Town Board regarding a proposed local law amending the Zoning Chapter of the Town of Ithaca Code to add water-related educational uses and additional yard regulations to the Lakefront Commercial Zone in conjunction with the proposed constmction of the Memll Family Sailing Center located at 1000 East Shore Drive. Cornell University Utilities Department Service Yard Improvements, Maple Avenue and Dryden Road: The Planning Board granted Preliminary Site Plan Approval and Special Permit for the proposed improvements and modifications to the Comell University Utilities Department Service Yard located between Maple Avenue and Dryden Road (NYS Route 366) around the Central Heating Plant. Longview Special Care Addition, 1 Bella Vista Drive: The Planning Board granted Preliminary Site Plan Approval and issued an affirmative recommendation to the Town Board regarding a zoning amendment for the proposed Skilled Nursing / Adult Care Addition at Longview, an Ithacare Community, located at 1 Bella Vista Drive. FINAL SITE PLAN APPROVALS Cornell University Animal Health Diagnostic Center, Located off Caldwell Road: The Planning Board granted Final Site Plan Approval for the proposed Cornell University Animal Health Diagnostic Center located off Caldwell Road in the northeast comer of the College of Veterinary Medicine Complex. Cornell University Merrill Family Sailing Center, 1000 East Shore Drive: The Planning Board granted Final Site Plan Approval for the proposed Merrill Family Sailing Center located at 1000 East Shore Drive. Cornell University Utilities Department Service Yard Improvements, between Maple Avenue and Dryden Road/Route 366: The Planning Board granted Final Site Plan Approval for the proposed improvements to the Cornell University Utilities Department Service Yard located between Maple Avenue and Dryden Road (NYS Route 366). Longview Addition, 1 Bella Vista Drive: The Planning Board granted Final Site Plan Approval for the proposed Skilled Nursing / Adult Care Addition at Longview, an Ithacare Community, f \ located at 1 Bella Vista Drive. r ^ 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 Tmmansburg Road. PRELIMINARY AND FINAL SITE PLAN APPROVALS Biggs Building Demolition Fill Site, 301 Harris B. Dates Drive: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modification to the Biggs Building demolition project located at 301 Harris B. Dates Drive. Boat Mooring, 1035 Taughannock Boulevard: The Planning Board granted Preliminary and Final Site Plan Approval and a Special Permit for the proposed mooring buoy located at 1035 Taughannock Boulevard. Conifer Bus Turnaround, 200 Conifer Drive: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modification to the Conifer Village at Ithaca Senior Apartments project located at 200 Conifer Drive. Cornell Plantations Deer Fences, Forest Home Drive and Caldwell Road: The Planmng Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed ^ deer fences at three locations at the Comell Plantations. f VI f \ > Cornell University Child Care Center, North of A-Lot along Pleasant Grove Road: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell Child Care Center project located north of Cornell University's A-Lot parking area along Pleasant Grove Road in the Village of Cayuga Heights and the Town of Ithaca. The portion of the project located within the Town of Ithaca includes part of a sidewalk, utility lines, and a fence. Cornell University Moakley House Renovations, 213 Warren Road: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed alterations to the Cornell University Moakley House located on the Robert Trent Jones Golf Course at 213 Warren Road. Eastern Heights Park Playground, SkyVue Road and Tudor Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed new playground in the Eastern Heights Park located off SkyVue Road and Tudor Road. East Hill Plaza - Conversion of Former Rite Aid Space, 323 Pine Tree Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed conversion of the former Rite Aid location in the East Hill Plaza located at 323 Pine Tree Road. Elizabeth Anne Clune Montessori School of Ithaca Field of Dreams, 120 and 122 King f ^ Road East: The Planning Board granted Preliminary and Final Site Plan Approval and Special \ Permit for the proposed Field of Dreams (Master Plein — Phase I) project at the Elizabeth Anne Clune Montessori School of Ithaca located at 120 and 122 King Road East. French Lavender Flower Shop, 903 Mitchell Street: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed French Lavender Flower Shop to be located in an existing building at 903 Mitchell Street. Ithaca Baptist Church Day Care Center, 1462 Slaterville Road: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed day care center at the Ithaca Baptist Church located at 1462 Slaterville Road (NYS Route 79). Ithaca Beer Company - Silo, 606 Elmira Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed malt silo at the Ithaca Beer Company located at 606 Elmira Road. Ithaca College Emergency Alarm System, 953 Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed mass notification system on the Ithaca College Campus. Ithaco Liquid Nitrogen Storage Tank, 950 Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed installation of a liquid nitrogen f s, storage tank for Ithaco Space Systems Inc. located in the South Hill Business Campus at 950 ^ Danby Road. Vll f \ Jehovah's Witnesses Site and Building Renovations, 1201 Danby Road: The Planning Board f ^ granted Preliminary and Final Site Plan Approval and Special Permit for the proposed site and building renovations at the Kingdom Hall of Jehovah's Witnesses located at 1201 Danby Road (NYS Route 96B). Mathers/Patterson Dock Pilings, 909 Taughannock Boulevard: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed installation of two new pilings on the south side of the existing boat lift at 909 Taughannock Boulevard. Montessori Middle School Addition & Renovations, 122 King Road East: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed addition and renovations to the Elizabeth Ann Clune Montessori Middle School building located at 122 King Road East. Trinity Lutheran Church Playground, 149 Honness Lane: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed playground at the Trinity Lutheran Church located at 149 Honness Lane. SITE PLAN MODIFICATIONS Conifer Village of Ithaca Modifications, 200 Conifer Drive: The Planning Board granted Preliminary and Final Site Plan Approval for proposed modifications to the Conifer Village at Ithaca Senior Apartments project located at 200 Conifer Drive (off Mecklenburg Road)./ > r \ Ithaca College Gateway Building - Modification of Condition, Danby Road: The Planning Board approved a modification of condition "Lb." of the Planning Board's Resolution for Site Plan Approval for the Ithaca College Gateway Building. The condition was modified to allow the stormwater agreement to be submitted prior to the issuance of a Final Certificate of Occupancy. Namgyal Monastery Entrance Gate, 100 Tibet Drive (off Danby Road): The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for a modification to the Namgyal Monastery project located at 100 Tibet Drive (off Danby Road across from Sesame Street). Overlook at West Hill Fences, West Hill Drive: The Planning Board granted Preliminary and Final Site Plan Approval (Site Plan Modification) for the proposed stormwater fences located on the Overlook at Westhill property. RECOMMENDATIONS Recommendation to Town Board - Continuation of Discussion Regarding Current Zoning Regulations and Student Housing in the Pennsylvania Avenue/ Kendall Avenue Area: The Planning Board adopted a resolution recommending that the Town Board consider revising the current zoning regulations in High Density Residential Zones to protect existing residential neighborhoods by further limiting the number of unrelated individuals that can occupy each structure. f Vlll f \ \ f \ r \ \ Recommendation to Town Board Regarding Local Law for Amateur Radio Facilities: The Planning Board issued an affirmative recommendation to the Town Board regarding the adoption of a proposed local law amending provisions in Chapter 270, Zoning, of the Town of Ithaca Code regarding amateur radio facilities. Recommendation to Town Board Regarding a Proposed Local Law Amending the Zoning Provisions for Home Occupations: The Planning Board approved an affirmative recommendation to the Town Board regarding a proposed local law amending provisions in Chapter 270, Zoning, of the Town of Ithaca Code regarding home occupations. Recommendation to Town Board Regarding a Moratorium on Development in the Northeast Corner of the Town of Ithaca: The Planning Board recommended against adopting a local law providing for a moratorium on development in the northeast comer of the Town of Ithaca for a period of two hundred seventy (270) days. Recommendation to Zoning Board of Appeals Regarding Sign Variances, Paleontological Research Institution, 1259 Trumansburg Road: The Planning Board approved an affirmative recommendation to the Zoning Board of Appeals regarding sign variances to allow four banners/signs celebrating PRPs 75^** Anniversary, located at 1259 Trumansburg Road. 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. The three local laws are intended to implement the NYS mandated Phase 2 Stormwater Regulations for Municipal Separate Storm Sewer System's (MS4). Recommendation to Town Board Regarding Local Law Regarding Yard Definitions: The Planning Board issued an affirmative recommendation to the Town Board regarding the adoption of a proposed local law amending provisions in Chapter 270, Zoning, of the Town of Ithaca Code regarding the definition of yards. Recommendation to the Zoning Board of Appeals - Cornell University Pine Tree Road Office Building Modified Sign, 395 Pine Tree Road: The Planning Board approved a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances to allow a lighted rock sign for the Pine Tree Office Building located at 395 Pine Tree Road. Recommendation to the Zoning Board of Appeals - East Hill Car Wash Sign Variances, 383 Pine Tree Road: The Planning Board issued a recommendation to the Town of Ithaca Zoning Board of Appeals regarding proposed sign variances for the East Hill Car Wash located at 383 Pine Tree Road. Recommendation to the Zoning Board of Appeals - French Lavender Flower Shop Sign Variances, 903 Mitchell Street: The Planning Board issued a positive recommendation to the IX Town of Ithaca Zoning Board of Appeals regarding sign variances for the French Lavender Flower Shop located at 903 Mitchell Street. MISCELLANEOUS PLANNING BOARD ACTIONS Moore Dock Modification, 1028 East Shore Drive: The Planning Board denied the requested modification of the previously approved dock at 1028 East Shore Drive (NYS Route 34), Town of Ithaca Tax Parcel No. 19.-2-16, Lakefront Residential Zone. The proposed modification involves a change in the location of the dock, approximately 2.5 feet south firom what was originally approved. Namgyal Monastery Entrance Gate, 100 Tibet Drive (off Danby Road): The Planning Board denied Preliminary and Final Site Plan Approval and Special Permit for a modification to the Namgyal Monastery Institute of Buddhist Studies project located at 100 Tibet Drive (off Danby Road across from Sesame Street). The two negative votes were based on the gate being located too close to Danby Road. (The Planning Board later approved a modification of the original proposal). Wedemeyer Equestrian Center - Extension of Preliminary Approval, 1460 Trumansburg Road: The Planning Board approved an extension of the time period for the Wedemeyer Equestrian Center project to submit a complete final site plan application for the project located between 1456 and 1460 Trumansburg Road. ( \ ( \ / > t )APPENDIX B - 2007 ZONING BOARD OF APPEALS SUMMARY)Year:20072006200520042003 1 2002Number of ZBA Meetings:121112111111Total No. of ZBA Appeals:465547504456Appeals GRANTED by Type:Area Variances (incl. Height):333627332827Use Variances:013232Special Approvals:245168Sign Variances:453123Sprinkler Variances:233200Town Law 280a Variances:**N/A**10435Total Number of Appeals GRANTED:415041434245Total Number of Interpretations:111000Total Number of Appeals Adjourned:215512Total Number of Appeals Withdrawn:010105Appeals DENIED by Type:Area Variances (incl. Height):100112Use Variances:120000Special Approvals:000001Sign Variances:000001Sprinkler Variances:000000Town Law 280a Variances:**N/A**00000Total Number of Appeals DENIED:220114**It was discovered in 2007 that the ZBA does not have the legaauthority to grant variances from NYS Town Law (280a) f \ \ APPENDIX C: 2007 PLANNING BOARD APPLICATIONS - DEVELOPMENT REVIEW FEES Below is an explanation of the abbreviations used in the first column of the following table for "Type" of action. These Planning Fees are assigned to Revenue Account No. B2115 in the Town of Ithaca Budget. Tvpe Description AMAP Additional Meeting Fee Agenda Processing AMPH Additional Meeting Fee Public Hearing Processing SPAF Site Plan Review Initial Application Fee SPCL Special Permit SPF Site Plan Review Final Plan SPP Site Plan Review Preliminary Plan SRFP Subdivision Review Final Plat SRIA Subdivision Review Initial Application SRPP Subdivision Review Preliminary Plat ZAR Rezoning / Zoning Amendments r \ 01/14/2008 .1:17 f \ TOWN OF ITHACA B2115-B2115 Transaction Report For the period 01/01/2007 through 12/31/2007 Type Date Comment Name Quan ty Fee B2115 1.AMAP 03/26/2007 27.-1-13.12 2.AMAP 04/02/2007 24.-1-19.12 3.AMAP 05/04/2007 24.-3-2.24 4.AMAP 09/14/2007 27.-1-13.17 5.AMAP 11/27/2007 62.-1-3.2 6.AMPH 02/23/2007 43.-2-10 7.AMPH 03/26/2007 8.AMPH 05/04/2007 9.AMPH 10.AMPH 11.AMPH \f 06/18/2007 07/06/2007 07/19/2007 09/14/2007 10/24/2007 11/27/2007 27.-1-13.12 24.-3-2.24 63.-1-3.4 59.-2-16 62.-2-13.2 27.-1-13.17 40.-4-2 62.-1-3.2 ITHACA SENIOR LIVING WEDEMEYER CAYUGA MEDICAL CENTER ITHACA SENIOR LIVING 1093 GROUP LLC NAMGYAL MONASTERY INSTITUTE ITHACA SENIOR LIVING CAYUGA MEDICAL CENTER FOR CORNELL MCFALL, EUNICE TCW ASSOCIATES, EAST HILLCARH ITHACA SENIOR LIVING SUNSET GRILL 1093 GROUP, LLC 30.00 30.00 30.00 30.00 30.00 150.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 450.00 15.SPAF 16.SPAF 17.SPAF 18.SPAF 19.SPAF 01/16/2007 05/18/2007 06/12/2007 08/21/2007 10/09/2007 19.-2-29 43.-1-3.5 43.-1-7 43.-1-3. 43.-2-2.2 43.-1-4 63.-1-5, 63.-1-8.1 CORNELL 1 MONTESSORI 1 MANLEYS MIGHFY MART 1 ITHACA COLLEGE 1 CORNELL - CCHPP 1 100.00 100.00 100.00 100.00 100.00 500.00 20.SPCL 21.SPCL 22.SPCL 06/19/2007 08/23/2007 09/24/2007 21.-2-18 19.-2-16 25.-2-9 YEATER, DAVID 1 MICHAEL MOORE 1 PATTERSON, M.A. & 1 MATHERS, B.J 100.00 100.00 100.00 23.SPF 24.SPF .25,SPF 26.SPF 27.SPF 28.SPF 29^SPF 01/22/2007 02/15/2007 02/16/2007 02/27/2007 03/26/2007 03/28/2007 04/17/2007 05/04/2007 59.-2-16 54.-2-1 43.-1-3.6 58.-2-22.3 68.-1-9 68.-1-13 36.-1-4.2 58.-2-4 05/24/2007 63-1-8.1,8.2,63-1-5 32.SPF* 33.SPF 34.SPF Page: 1 05/31/2007 • 67.-1-8; 65.-1-5.2; 65.-1-1 06/18/2007 36.-3-11 06/20/2007 33.-3-2.1 MORSE FOR MCFALL THERM MONTESSORI SCHOOL ITHACA BAPTIST CHURCH . CORNELL UNIVERSITY CORNELL UNIVERSITY WIGGINS, WALTER TRINITY LUTHERAN CHURCH CORNELL UNIVERSITY SVC YARD CORNELL PLANTATIONS ITHACA JEHOVAHS WITNESSES ITHACA BEER CO 200.00 250.00 500.00 200.00 400.00 250.00 400.00 300.00 250.00 300.00 400.00 250.00 Type 58.SPF 39.SPF ^O.SPF tl.SPF 42.SPF 43.SPF M.SPF 45.SPP ^6.SPP 47.SPP 48.SPP 49.SPP Date 06/27/2007 08/07/2007 08/17/2007 09/10/2007 09/18/2007 09/27/2007 10/11/2007 10/12/2007 Comment 24.-4-14.23, 24.-4-14.24 43.-1-3.2, -3.5, -3.6 39.-1-1.1 19.-2-29 24.-1-19.12 62.-2-1.121 41.-1-30.2 67.-1-10.2, 67.-1-10.4 10/24/2007 39.-1-1.31 12/03/2007 36.-1-4.5 Name OVERLOOK AT WESTHILL EAC MONTESSORI SCHOOL SOUTH HILL BUSINESS CAMPUS CORNELL UNIVERSITY WEDEMEYER, ROBERT CORNELL UNIVERSITY ITHACA COLLEGE CORNELL ANIMAL HEALTH DIAGNOS TOMPKINS COUNTY IDA - LONGVIEW LA TOURELLE Quantity Fee 22 01/05/2007 04/04/2007 05/04/2007 08/14/2007 12/12/2007 43.-1-3.2 63.-1-8.1,-5 19.-2-29 43.-2-2.2, -2.1 63.-1-5, -8.1,-8.2 COLLEGE CROSSING - MONKEMEYER CORNELL UNIVERSITY CORNELL UNIVERSITY MANLEY'S MIGHTY MART CORNELL UNIVERSITY 50.SRFP 06/05/2007 46.-1-4 51.SRFP 06/15/2007 54.-7-17 52.SRFP 06/15/2007 53.-1-14.2 53.SRFP 08/21/2007 62.-1-3.2 54.SRFP 09/10/2007 70.-10-3.5,73.-1-8.22 55.SRFP 09/19/2007 71.-1-66.2 56.SRFP 10/18/2007 35.-2-4 57.SRFP 10/23/2007 46.-1-15.401,-15.402,-15.41 58.SRFP 11/27/2007 24.-3-3.2 PETER & SANDRA CAPALONGO ORLANDO lACOVELLI ORLANDO lACOVELLI 1093 GROUP LLC FABBRONI, LAWRENCE HENRY, SHERI JOHNSON HARRICK SOUTHWOODS ASSOCIATES HOLOCHUCK HOMES, LLC 250.00 ^ 400.00 f \ 350.00 / , 500.00 375.00 500.00 430.00 1,500.00 750.00 250.00 9,005.00 1,000.00 500.00 1,000.00 500.00 2,500.00 5,500.00 140.00 140.00 140.00 f 110.00^ 1,030.00 80.00 140.00 180.00 20.00 59.SRIA 05/04/2007 24.-3-3.2 HOLOCHUCK HOMES, LLC 1,980.00 216.00 60.SRPP 61.SRPP 62.SRPP 63.SRPP 64.SRPP 65.SRPP 01/25/2007 01/30/2007 07/05/2007 10/23/2007 10/26/2007 11/27/2007 58.-2-39.48 56.-3-13.2 56.-3-13.36 67.-1-10.2 & 10.4 24.-3-3.2 32.-2-3.22 24.-3-3.2 BARRETT, JON AND KIM WM FRANDSEN CORNELL UNIVERSITY HOLOCHUCK HOMES PERRI, SUSAN HOLOCHUCK HOMES, LLC 66.ZAR 02/13/2007 2..13..07 67.ZAR 11/06/2007 28.-1-26.82,-18 68.ZAR 11/07/2007 35.-1-8.12,35.-1-8.22,35.-12 RANCICH, JOHN GOODMAN, WILLIAM SENECA LAKE TERRACE INC. 216.00 140.00 160.00 3,000.00 2,220.00 140.00 2,240.00 7,900.00 175.00 175.00 175.00^ T ^ 525.( Total Sales 68 26,526.00 Page: 2 6) Network/Record Specialist 2007 Year End 12008 Goals Report 2007 year-end Report Website New additions to website; Tuteio Park Homecoming videos to the Tutelo web page 2007 Town Budget page Conservation Board's Scenic View Feedback page Adopt-a-Park web page added to Recreation and Forms pages Created a Town of ithaca Web Site Redesign Survey to offer the public an opportunity for input on how they currentiy use the Town's web site and what improvements or changes they would like to see. • Beta testing of Town Board Correspondence/Meeting Packet Intranet Network Wireless Access Points • With the installation of 3 Wireless Access Points (WAP) at Town Hall (Town Boardroom and 2 conference rooms) and 1 at the Public Works Facility, the Town can now provide "temporary guest" internet access for the users of these facilities. Town staff is granted full internet and network resource access through the use of wireless laptops throughout Town Hall and the Public Works Facilities. I \ ' Upgraded Firewall Appliance • Upgraded firewall appliances at Town Hall and the Public Works Facilities have enhanced the network's security through the Check Point SmartDefense service: a remote security monitoring service provided by Sherpa Technologies Inc. which gives us a proactive approach to deal with network security issues. • This new firewall appliance will eventually be configured to also allow authorized users remote access, via the Virtual Private Network (VPN), to the Town Hall and/or Public Works network services, (i.e.: A Town Board member would be able to search for archived minutes or resolutions found on the Town Hail file server from their home computer.) Change of Town Hall Internet Service Provider • Time Warner Cable (TWC) of Central New York became the Internet Service Provider (ISP) for the Town Hall and the Public Works Facilities in 2007, replacing Clarity Connect. TWC also hosts the Town's email and web site. This change was necessary because the previous iSP suddenly could not provide reliable, sufficient and sustainable DSL connection. This had created a substantial hardship for the Town Hall and Public Works staff. Although the transition over to TWC created a temporary interruption with our email and web site, we have since experienced increased performance and reliability using their services. 2007 year-end/2008 Goals Report > ] Hardware and Software Replacement/Upgrades / N Two client computers were installed at Town Hall to replace obsolete hardware. • Two "field-hardy" Panasonic Tough Book laptops were installed for the Code Enforcement Officers and one for the Public Work's Engineer Technician. These devices allow staff to carry job specific software into the field and connect to the Town's network via Verizon Wireless's EVDO broadband network; thus providing staff access to aii Town's network resources while on the job site, (i.e.: documents, maps, drawings, databases, email) • Town Hall client computer upgrades to Microsoft Office 2003 were completed in 2007. (Public Works facility clients to be completed 2008.) • Surplus equipment sent to the Tompkins County Auction included 4 desktop PCs, 4 CRT monitors and 1 dot matrix printer. The average age of these devices was 10 years old. Additional Responsibilities • Completed a revised draft of the Town's Information Technology Policy with the Human Resource Manager. • Provided web site technical support to the Recreation and Youth Coordinator as well as the Town Historian ' \ f \Provided daily help desk support for Town Hall and Public Works staff. Continued general client/server software updates and hardware maintenance for Town Hall and Public Works networks and peripherals. Continued as a working member of the Records Management Advisory Board Committee Goals/Expectations for 2008 Finish Microsoft Office 2003 upgrades for client computers at Public Works Work with the Records Management Advisory Board and Town Clerk to continue revising the outdated Records Management Policy & Procedure Manual Will advise and provide technical support to the Town Clerk on the web site redesign project Install new server for Engineering/Public Works GPS base station. Install 5 new client machines for Assistant Town Engineer, Town Court Clerks and Public Works staff. In collaboration with Sherpa Technologies, redesign and reconfigure the Town Hall and Public Works Wireless Access Points (WAP) and Remote VPN access, to meet changing t \ Town Staff and Board members needs. \ 2007 year-end/2008 Goals Report HUMAN RESOURCES OFFICE 2007 ANNUAL REPORT CIVIL SERVICE: (V The Town and Bolton Font have maintained compliance with civil service and has received approved Payroll Certifications, as required by Law. As of the end of the year there was no vacant positions to be filied, however, there are positions approved to be filled in 2008. There is one probationary employee, Karen Billings, Town Clerk, whom was appointed in September. As of the end of the year at the Commission there were no vacant positions. There were two employees still at probationary status; Pamela VanGelder, Finance Manager and Donna Kotas, Account Clerk Typist. Melody Lombardo, Account Clerk Typist, and Dale Barrow, Technical Services Coordinator are provisional pending civil service exams. Turnover ratio is determined by dividing the total number of employees who resigned, terminated or retired by the total number of active positions. The Town's turnover ratio for 2007 was 2% or 1 out of 53. The 53 empioyees include 3 part time crossing guards, but doesn't include the students or seasonal staff. The Commission's turnover ratio for 2007 was 10% or 2 out of 19. Turnover Ratio Historically: Town: 9% in 2006, 7% in 2005, 7% in 2004, 0% in 2003,4% in 2002, 6% in 2001, 13% in 2000, 14% in 1999,11% in 1998 and 11% in 1997. S.C.L.I.W.C.: 21% in 2006, 0% in 2005, 0% in 2004, 6% in 2003, 6% in 2002, 6% in 2001, 11% in 2000,17% in 1999, 0% in 1998 and 17% in 1997. During the year the following changes occurred: New positions created: Planning Board Alternate Title Changes: Technical Services Assistant to Technical Services Coordinator (S.CLIWC) Positions abolished: none Position reclassified: Technical Services Assistant to Technical Services Coordinator (S.CLIWC) Job Description Revisions: none Promotional Appointments: none New (or re-) hires: Karen Billings, Town Clerk; Melody Lombardo, Account Clerk Typist - SCLIWC.; and Donna Kotas, Account Clerk Typist- SCLIWC. • Miscellaneous: Temporary Laborers were hired at Public Works for the ^ summer workload. Part time youth were hired during the summer to work on special projects at Town Hall. Several work initiative students through the n ^ Recreation and Youth Coordinator. ^ • Resignations: Brenda Casteline, Sr. Account Clerk Typist - SCLIWC • Terminations: Debra Kane, Account Clerk Typist - SCLIWC • Lav offs: None • Retirements: -Tee Ann Hunter, Town Clerk See attached listing of positions as classified with Civil Service. PERSONNEL COMMITTEE: The committee had monthly meetings throughout the year. The committee worked on a salary survey, position and salary changes, and reviewing and updating policies. The committee recommended the Town's 2008 Wage Scale, so it was referred to the Board for consideration. The committee spent time reviewing and discussing the job classification program, wage scale and the organization's staffing levels. A salary survey was sent out and was received back from 48 municipalities across NYS. This information has been reviewed and compared several times in many ways including population, median family income, local market, and places that have similar department head positions. Three employees were rapproved to increase their standard work week from 37.5 to 40 hours: Director of Planning, Code Enforcement Officer and Laborer (Stan Schrier.) One position was recommended to have a wage adjustment for equalization: Highway Superintendent. Approval to fill two new full time positions was discussed at several meetings, with approval only to fill the Planner position. The Code Enforcement Officer position is still under discussion. The committee reviewed and recommended to the Board changes to the Safety Shoe policy. Sick Time policy, creation of a Sick Bank program, and several payroll policy changes due to the IRS audit. The committee aiso met with the Employee Relations Committee to discuss the salary survey, 2008 cola and concerns the employees had. The committee discussed the desire of the Public Works staff to unionize and recommended the Town to contract with a consultant for assistance with the contract negotiations. I \ i ^ SAFETY COMMITTEE: ^ The committee's responsibility is to identify and resolve safety and health issues in the workplace. The committee reviewed accident reports and made suggestions to correct problems, in hopes to alleviate any future accidents. The committee reviewed loss run reports from PERMA to become familiar with the cost associated with accidents. The committee reviewed the annual workers' compensation billing to have a better understanding of how it is computed, and what the cost effects are of accidents. The committee also worked on Dangerous Intersections for the large truck drivers, reviewed status of annual safety training, discussed safety orientation training for new and temporary employees, which includes safety awareness, and many other topics. Town Hall had successful surprise evacuation drills with participation by Ithaca Fire Department. A Building Assessment checklist was developed for each facility as a means to check on safety related items. Each facility has had at least one inspection and items were logged for repair or changes. The assessments will be completed not less than bi-annually. The committee also took the lead in designing and evaluating a violence in the workpiace assessment. The state passed a law requiring public employers to establish a policy regarding Violence in the Workplace, and do an employee assessment. The assessment results were sent to the Town Board for review. Many suggestions have been addressed, but some items are still being considered. As a measure to reduce employee risk, the Town continues to contract with Village of Cayuga Heights for a police officer to be present at the night court. Jon Munson, Laborer, as a member of the Safety Committee attended the anriual PERMA Conference and Business Meeting in May, as the Town's representative. EMPLOYEE TRAINING AND DEVELOPMENT: As an essential part of keeping employees affective and interested in their role, training and personal development is always an issue. Each department has funding for training their staff on department specific functions. The Human Resources Office training budget is for professional development training, computer training and required annual prevention training. Such training may include sexual harassment awareness and prevention and. Violence in the Workplace prevention training that is facilitated by the HR Manager. Programming was arranged for the Public Works Department for March 2007, through TCS.biz. The program was on "Leadership Skills for Public Works" as a six hours session for the entire staff. The Town also sponsored an all day training that included a morning session on Diversity and an afternoon session on conflict management. Both sessions were good programs and offered the staff the opportunity to work with different groups of employees. The Municipal Development Group which is comprised of Training and Development Coordinators from Tompkins County, City of Ithaca, Workforce NY and TC3 partnered in 2007 to produce the fourth year of the Brainteasers Series. The series was designed to bring awareness of different topics in the short 2-3 hour sessions, in which the participants were given additional resources for more information. Topics covered included: Building Confidence through Assertive Communication, Building Skills to Manage Small Projects, Crankiness is Contagious (part 1 and part 2), and Painless Feedback: You can tell anybody anything. Most of these sessions were attended by Town staff. The total cost to the Town as part of this Brainteaser Program was $300. The County and City also opened up some of their computer courses and other development courses to the Town staff at no charge. As for the H.R.'s office development I participated in the following seminars in 2007; monthly training/meetings of the Society for Human Resource Management (SHRM) of Tompkins County, and the SHRM national leadership conference in Washington D.C. On a professional basis I served on the Society of Human Resources Management of Tompkins County Board of Directors as President and serve as the Treasurer for the Diversity Consortium of Tompkins County. Connie Clark, Principal Account Clerk, attended SHRM of Tompkins County's all day conference held at Ithaca College in May. INSURANCES (Benefits): HEALTH / DENTAL INSURANCE: In 2007 the Town's health insurance was with Excellus BlueCross/BlueShield Blue PPO for the 5^^ year. This plan is an experience rated plan, which means the loss ratio between premiums paid are in relation to claims paid. There were no plan design changes made for the renewing contract. Below is a history of the monthly premium rates. There are 79 covered employees and retires on the plan with 4 including domestic partners. 4 employees participate in the buy-back program, because they have coverage outside the Town's plan. Blue Cross/Blue Shield PPO Monthly Premium History % increase YEAR Individual Double Family for Family 2008 $441.42 $ 905.78 $ 1,301.28 11.40% 8/1/2007 $ 396.25 $813.09 $ 1,168.12 2.76% 2007 $ 385.62 $791.29 $ 1,136.79 -2.36% 2006 $ 394.93 $810.40 $ 1,164.25 7.84% 2005 $ 366.22 $751.48 $ 1,079.61 26.70% 2004 $ 289.04 $593.12 $ 852.10 16.88% ' ^ The Town remained with Guardian for dental insurance for the 7^ year. For the 2008 renewal there was a 5% increase in premiums due to a positive loss ratio and no increase the previous year. YEAR Guardian Dental Premium History Individual Family % increase 2008 36.25 97.94 5.0% 2007 34.52 93.27 0.0% 2006 34.52 93.27 17.0% 2005 29.50 79.71 12.0% 2004 26.34 71.17 12,0% 2003 23.52 63.55 -1.7% 2002 23.93 64.64 -0.1% TCCOG: I have been attending TCCOG's Health Benefit Steering Committee meetings, which is looking into the viability of one municipal cooperative health insurance consortium. The committee has created the consortium agreement that the member municipalities would need to sign if they wanted to participate. The subcommittee has requested health data from each of the municipalities to work on plan design opportunities. The goal is the send RFP's to insurance companies by June 2008 for an effective January 1, 2009 enrollment. FLEX SPENDING PROGRAM: Flex Spending was added as an additional benefit effective in 2005. This is a popular program with 50% (35 out of 70) of the employees enrolled in this program. Based on the participation the Town saved over $2,000 in FICA and Medicare expenses. This savings the Town receives from the Fica and Medicare taxes more than pays the monthly expense per participant. The rhaximum contribution for medical expenses is $2,000 and $5,000 for dependent care. NATIONWIDE RETIREMENT SOLUTIONS: The Town has offered the employees a pretax 457 retirement savings program for many years. This is a payroll deduction plan that has a minimum participation of $10 a pay check and a maximum of 25% of gross wages. There is no cost to the town associated with offering this program. The Town has 72% (50 out of 70) of the eligible employees participating in the program. We host employee meetings every year where the representatives can have a one on one appointment with the employees. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM: The Town is part of the state retirement system. The Town is responsible for administering the monthly payroll deductions from the employees and reporting additional days of service earned each month. The Town pays an annual contribution to the system for each employee based on the employee's ^oss wages and their tier status. This billing is due each year by February 1^, however if pre-paid in December then a discount is applied. By prepaying in December 2007 the Town saved $3,005. I ) f \ WORKERS' COMPENSATION: ^ In 2007 there were three (3) injuries reported to our workers' compensation company (PERMA), and 3 record-able injuries on the PESH 900 log. The injuries resulted in a total of 3 lost workdays and 7 restricted or transitional duty days. All the past cases are closed, except for one, due to medical payments. The Town received an outstanding score from PERMA on our 2007 annual safety evaluation, which is tied directly to our discount that was 23.2%. The Town's experience rating is 0.81, which is excellent. As of July 1®* the employees at the Bolton Point water system were added to the Town's workers' compensation group. This helped both groups by lowering the experience rate down to 0.79. This was the last of the insurance to be combined for the staff. COMMERCIAL INSURANCE: I continued to work with Ithaca Agency to keep the Town's Insurance coverage levels at appropriate levels. 2007 was our first year of being with New York Municipal Insurance Reciprocal (NYMIR). There were three (3) accidents reported to NYMIR by the Town in 2007. Also two (2) additional vehicle claims were filed on other parties' insurances, and have been paid. All 3 claims filed with NYMIR have been denied, as the Town was not liable for the loss. Other year's claims still open: if you wouldllke additionallnformation regarding any of these claims, please contact me. 2006: 1 personal injury claim due to a vehicle accident involving a Town vehicle. ' ^ 2003: 1 automobile accident on Sand Bank Road, which involves 3 claimants. ' ^ DIVERSITY: I have represented the Town on the Diversity Consortium of Tompkins County. The consortium was developed a few years ago by the County to address diversity issues with employers in the county. Goals of the Consortium are to aid employers in the challenge of diversifying their staff, have a better representation of the community working in community employers, and create a resource list of vendors who actively pursue diyerse applicants. The Consortium sponsored its second all day conference which focused on Diversity and the Community. I was the registration coordinator for that conference. The Consortium has devoted time in 2007 to become a 401 c-3, which will not be completed until 2008. I have been voted to be the Treasurer of the consortium for 2007-2008. WELLNESS/SAFETY AWARENESS: As one part under this big umbrella called Wellness the Town provided the employees with a Wellness Fair every fall. At the fair the employees could have their blood pressure and glucose checked, and get their flu shot. The Cayuga Medical Center was the provider of the flu shots and screenings. The screening results are reviewed by Dr. Moore as part of the Center for Healthy Living. ' ^ t * f * Fitness membership reimbursement is the second part of the wellness program. In 2007, 7 employees received reimbursements for enrolling in some type of wellness fitness program. Wellness rooms are utilized at both facilities. S.C.L.I.W.C: For the Commission I am responsible for all Human Resource functions, administering the workers' compensation and commercial insurance. Several position recruitment, interview and selection processes were accomplished this year. Three of the four administration department employees were hired in 2007. I attended and several Personnel Committee meetings and followed through with resolutions and reports to the Commission. OTHERS: The Town participated in a workforce satisfaction competition, called the Best Companies to Work for in NYS. The employees received a 65 question questionnaire to complete and return in a sealed envelope. The results will be sent to the Town in January 2008. Continued on a regular basis' the managing of employee benefits such as New York State and Local Retirement, Short term disabilities. Deferred Compensation programs and aiding and assisting Town and SCLIWC staff. Coordinator for the picnic, year end luncheon and other events as requested. Coordinator for the ^ cleaning services for Town Hall and crossing guards for Dewitt and Northeast ' schools. Goals for 2008: • Complete negotiations of collective bargaining agreement with PWD. • Disburse to employees updated Employee Handbook. • Evaluation of the results from the Best Companies... survey. • Work on goals created by the Personnel and Employee Relations Committees. Report Submitted By: Judith C. Drake, PHR, Human Resources Manager Town of Ithaca Civil Service Position Listing 12/31/2007Last Updated: Civil Service History on position Jun-95 Feb-01 Employee Name Herb Engman Will Burbank Position I Title Town SuDervisor Deputy Town Supervisor Daniel WalkerDirector of Engineering6/1995, revised 4/05 Jonathan KanterDirector of PlanningJun-95 Fred NoteboomHiohwav SuperintendentDept 4/056/1995 Karen BillingsTown ClerkJun-95 Deborah KelleyReceiver of TaxesFeb-01 Alfred CarvillBudget Officer VACANT-Not expectedSecretary to the SupervisorDec-96 Creig HebdonAssistant Director of Engineeringrevised 5/016/1995 Susan RitterAssistant Director of Planningrevised6/1995 Eugene RedmanDeputy Highway Superintendentrevised 4/0510/1996 Wayne SincebaughWater & Sewer Maintenance Supervisorrevised 4/056/1995 Rich SchochParks Maintenance Managerrevised 4/0512/1997 Judy DrakeHuman Resources Managerreclass/name 5/016/1995 Kristie RiceSenior Code Enforcement OfficerNov-05 Michael SmithEnvironmental PlannerNov-97 Kristin TaylorCivil EngineerDec-98 Steve WilliamsCode Enforcement Officerto 40 2/076/4/2004 Gail Kroll VACANT-Not expected to fill Administrative Assistant10/1996 =1 = +112/1997 Don Ten Kate Rich Ten Kate Jeff Huibert VACANT-Not expected to fill Working Supervisor6/95= 3 12/97=-1 3/99= +1 Craig BallardSenior Engineering Technician Deborah Kelley(exempt)Bookkeeper to the SupervisorNov-96 6/95=1,6/96=-1, 11/99=reclsd Sr act cirk to 3/00 noPrn/typist Connie ClarkPrincipal Account Clerk VACANT-Not expected toSenior Account Clerk TypistJun-95 Chris BalestraPanner6/95=1,5/96=+1,3/98=-1 from ore 1995 VACANT John WilliamsHeavy Eguipment Mechanic=1 reclass/name 5/01 Joe SlaterEngineering Technician IJun-95 Lisa Carrier-TittlNetwork/Records Specialist6/98, reels 8/02 Larry Salmi Ray Manning Jeff Scott bean John Shepardson Heavy Equipment OperatorFeb-96 Joe HuibertMaintenance Worker Betty Poole Linda Fetherbay Court Clerk (Full Time) (Exempt)6/95 =1 ,7/01 =+1 12/04= reclass VACANT-Not expected to1 Court Clerk (Full Time) (Competitive)1 from pre 1995 ' \ I \ ' ) I \ f ^ PrartaroH h\/ .liirtx/ RrakA P/fi/PDOfl Page 1 Town of Ithaca Civil Service Position Listing Last Updated: 12/31/2007 Vil Service History on sitlon # of Positions Position / Title Employee Name >5 =6 2/96 = +2 4 from pre 1995 12 Motor Equipment Operator David Boyes Eric Griffin Monty Mouillesseaux Donald (Mike) Beach Matt Lincoln Toby Brown VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill 6/95=3 2/96 = +1 4 Senior Typist Dani Holford Sandra Polce VACANT-Not expected to fill VACANT-Not expected to fill Jun-95 Jun-95 1 1 Deputy Town Clerk (Exempt) (First Deputy) Deputy Town Clerk (Exempt) Carrie Whitmore Paulette Neilsen (pt 30 hrs) 3 from pre 1995 3 Deputy Town Clerk (Competitive Classification)VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill Jun-95 2 Account Clerk / Typist VACANT-Not expected to fill VACANT-Not expected to fill Feb-96 1 Keyboard Specialist VACANT-Not expected to fill Dec-03 1 Recreation and Youth Coordinator Mamie Kirchgessner i?9, reciss 8/05 1 Automotive Mechanic Assistant Bernie Morse 1995=5 JO =2 abolished 1 from pre 1995 4 Typist (part time) (non-competitive)VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill 1 from pre 1995 1 Typist (full time)VACANT-Not e}q}ected to fill 6/1995 = 9 5 from pre 1995 14 Laborer Henry Eighmey Stan Schrier Jonathan Munson Jamie Stevens Hank Yolman P/T studentivacant VACANT-Not expected to fill VACANT-Not expected to fill Seasonal - Seasonal - Seasonal - Seasonal - Seasonal • Seasonal - 6/95=3 2 from pre 1995 5 Crossing Guard Sue Kula Jeanette Murray Dan Griffin Linda Besemer (sub) EMP LISTCiv Svc Positions Preoared bv Judv Drake 2/5/2008 Paoe 2 Town of Ithaca Civil Service Position Listing Last Updated:12/31/2007 Civil Service History on position # of Positions Position / Title Employee Name Sep-95 1 Planning Intern (Temp-6mths-NonComp)VACANT - Expected to fill May-03 5 Project Assistant (Temp 6 mths NonComp)VACANT - Expected to fill Feb -05 +10 (youth prgm) 11/06 (-6) (grants, interns, project work)VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill Nov-06 15 Youth Project Assistant (non-comp)VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill 1 from pre 1995 1 Junior Planner VACANT-Not expected to fill 1 from pre 1995 1 Zoning Officer (part time) (non-comp)VACANT-Not expected to fill 1 from pre 1995 1 Dog Enumerator VACANT-Not expected to fill Jun-95 1 Historian (part time)Laura Johnson-Kelly 6/95, aboi 4/06 1 Director of Building & Zoning N/A 6/1995, revised 7/01, abois 11/05 1 Assistant Director of Building and Zoning N/A 11/98=1 11/99=recls to Prin Acct CirkTyp 0 Senior Account Clerk N/A 6/95=1,10/96=-1 0 Secretary N/A 3/99=+1 Abolished 3/99 0 Engineering Aide N/A 6/95=1 abolished 7/00 0 Cleaner N/A VACANT positions must be budgeted and approved in order to be fiiied. All positions are Competitive Civil Service positions unless othenvise indicated in (). Ail positions are full time positions unless otherwise indicated in (). ( ^ f ^ I I / \ EMP LISTCiv Svc Positions Preoared bv Judv Drake 2/5/2008 Paoe 3 & TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads. Parks, Trails. Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: Herb Engman, Supervisor Town Of Ithaca Will Burbank, Councilperson Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Bill Goodman, Councilperson Eric Levine, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator 2007 Annual Report to Board Background The Town of Ithaca has valuable and established relationships that provide developmental and recreational services to its residents; for youth through programs recommended by the Joint Youth Commission and the Recreation Partnership; for adults (primarily self defined senior citizens) Lifelong. The Town, a doughnut around the City and contiguous to seven of the eight other townships in Tompkins County, contains residents who identify with the urban, suburban and rural lifestyles. In 2005 after development of a mission statement the Recreation and Human Service Committee conducted a survey of Town residents. The survey was a good faith effort, broad in scope, in which it was learned that more targeted goals to obtain specific planning/need assessment information were needed. Generally the Town's investment in neighborhood parks and trails was supported and appreciated by respondents. One of the benefits of this endeavor was learning residents appreciated activities that were self-directed and could be utilized at one's own convenience. The broader Ithaca community has many recreational options. Interestingly the root of the word recreation means, 1o restore to health" leading one to conclude it is essential for one's well- being. With the creation of the Recreation and human Service Committee; the hiring of staff; conducting and analyzing a survey of residents the Town is moving forward. Recreation and Human Services Committee Activity On January 10,2007 Sandy Gittelman lead the committee on a discussion of the Committee goals for 2007. The goals were established as: • Produce a park map The purpose will be to create a tool for people to visit the Town's parks and trails ^ as well as other recreational resources within town's boundaries (to include state , and Finger lakes Trails). Pocket parks and areas with limited parking will be so noted. The Adopt -a-Park Brochure for program promotion will be completed (See Additional ' ^ input from Committee later in notes) Continue implementation of policy on adopt a park ' n to build on neighborhood community structure and evaluate Continue growth of youth employment program Cathy & A1 shall investigate and will report to committee on options for donor support of recreation activity/ components Staff will continue negotiations with Cal Ripkin League for use of Tutelo Park and report outcome to committee Establish framework for fee structure for public use recreational facilities Support opening event (Cal Ripkin Game) at Tutelo ball field Tee Ann/ Judy Cathy will report on outcome of records grant to engage youth in government project Offer a meet your public official event Recommend to Capital projects committee that in addition to the cost of planned expenditures for development a cost for projected maintenance be determined. (What is long range fiscal impact?) Consider establishing neighborhood associations Offer an annual reception/open house where a power point presentation could be given on Meet your Town with information on parks and recreation opportunities • Expand family program opportunities. Accomplishments for the year included: a) Development of the Adopt-a-Park Program-materials, procedures, implementation, support and publicity. ^ b) Active participation with planning team for extremely well received Tutelo Park Homecoming Festival in September 07. Event grew and a successful transition of ' ^ leadership occurred to the Multi-Cultural Resource Center c) Implemented and provided youth employment initiative program with an increase in contacts from 63 youths in 2006 to 77 with 46 known work placements (up from 34.) Recruited sites appropriate for youth, monitored all youth and sites followed up on all required paperwork, and conducted ongoing evaluation and process of evaluation. d) Worked cooperatively with all youth employment systems in Tompkins County to offer and optimize these resources for Town Youth. e) Recognized Lifelong with a month long exhibit of art and recognition at the September Board meeting. f) Instituted an Earth Day Celebration at Tutelo Park with Earth Arts conducting free earth friendly activities including tree planting and garlic mustard pull. g) Supervised two successful internships for recreation majors from Ithaca College. h) Supervised one not so successful Joblink placement. i) Provided direct supervision of two high school student employees who developed a variety of materials for Town programs. j) Produced Recreation Facility Use Brochure for public use. k) Implemented program of rotating, educational lobby window displays. I) Provided staff-support to the Town's Recreation and Human Services Committee including but not limited to notice, agendas and notes of the meetings, as well follow up on requests for additional information required by committee members, m) Worked with Public Works and Park Management to plan for community responses to increase demand as new trails, preserves, and parks (most recently Tutelo) come on line. n) Authored board reports, memos, articles for newsletter, correspondence, grant applications, recruitment materials and media release in a timely and thorough I \ manner. f \ o) Attended and participated at the Human Service Coalition Board, Recreation Coordinators, JYC, Recreation Partnership meetings: The Whole Community Project as well as community training & networking opportunities, p) Organized highly successful opening of Tutelo Park Ball field with Cal Ripkin League q) Drafted and monitored initial memorandum of understand with Babe Ruth League for use of field by Cal Ripkin players; was point of contact for issues/concerns about agreement. r) Recruited and interviewed with the Parks Maintenance Manager and extended job offers to applicants for the Public Works operated job corps, s) Completed contracts administration for JYC partners and contract agencies; completed vouchers and monitored budget as appropriate, t) Coordinated with the Public Works Department and Parks Maintenance Manager for response to public inquires, grant applications and draft policy, u) Offered public programming such as Starlab to the community providing supervision and publicity. v) Researched possible program and financial opportunities for the Town, completed application process as appropriate including second successful Tourism Grant Application for interpretive sign information at Tutelo Park, w) Served as a point of contact for community members and service organizations about the Town of Ithaca and its human service and recreation opportunities, x) Maintain bulletin board with information on programs available to community y) Responded in a timely way to inquires on a wide variety of questions providing information and making referrals as appropriate, z) Developed and offered formal training to community youth on How to Find a Job aa) Continued development of Park preserve management plans with public works and community bb) Supervised with Parks Maintenance Manager Rich Schoch a Cornell POST Team Project at Glenside Preserve to enhance accessibility, cc) Continued positive media presence of Town with news releases on activities including two (unsolicited) Laurels in Ithaca Journal about positive experiences of working with Town on community projects. ATTACHMENT #2 02/11/2008 TOWN BOARD MEETING # a TOWN OF ITHACA COURT DAVID L. KLEIN, TOWN JUSTICE ^ 215 N.TIOGA STREET ITHACA, NY 14850 RE: YEARLY REPORT TOWN OF ITHACA COURT DAVID L. KLEIN, TOWN JUSTICE February 1, 2008 Activity for Justice Klein's part of the Town of Ithaca Court for 2007 is as follows: Number of cases closed: 1945 Number of Cases opened: 2377 Arraignments for other Courts 21 Charges Transferred to T.C. County 15 Pending Cases - (Includes Scolllaws) 3060 FINES AND FEES Criminal, Motor Veliicle $ 108,655.00 NYS Surcharges $ 69,650.00 Cnil Charges $ 5,635.00 Bail Poundage $ 240.00 TOTAL REMITTED TO TOWN OF ITHACA $184,180.00 Bail Received $ 25,855.00 Bail Forfeited $ 1,100.00 ADDITIONAL ACnVITIES Arrest warrants and Bench warrants issued; search warrants issued; orders of protections issued; conditional discharges; probation inquiries and documentation; jail terms; bench trials; jury trials; motion hearings; felony preliminary hearings held; small claims trials; summary proceedings and warrants of evictions; arraignments for otlier courts; certificates of dispositions; case researcliing; processing of scolllaws; decisions written; legal research, pre trial hearings, annual budget processes, implementing on-line access to various web sites, prepare written decisions on individual cases. Respectlully submitted, David L. Klein , Town Justice RE: TOWN OF ITHACA COURT JAMES A. SALK, TOWN JUSTICE 215 N. TIOGA STREET ITHACA, NY 14850 2007 ANNUAL REPORT TOWN OF ITHACA COURT JAMES A. SALK, TOWN JUSTICE February 5, 2008 ^ * f i Activity for Justice Salk's part of the Town of Ithaca Court for 2007 is as follows: Number of cases closed: 636 Number of Cases opened: 912 Arraignments for other Courts 7 Charges Transferred to T.C. County 10 Pending Cases - (Includes Scofflaws) 1917 Judge Wallenbeck's Scofflaws 262 FINES AND FEES Criminal, Motor Vehicle NYS Surcharges Civil Charges Bail Poundage $ 36,024.00 23,855.00 1,550.00 72.00 TOTAL REMITTED TO TOWN OF ITHACA $ 61,501.00 Bail Received Bail Forfeited $ 14,750.00 $ 500.00 ADDITIONAL ACTIVITIES Arrest warrants and Bench warrants issued; search warrants issued; orders of protections issued; conditional discharges; probation inquiries and documentation; jail terms; bench trials; jury trials; motion hearings; felony preliminary hearings held; small claims trials; summary proceedings and warrants of evictions; arraignments for other courts; certificates of dispositions; case researching; processing of scofflaws; decisions written; legal research, pre trial hearings, annual budget processes, implementing on-line access to various web sites, dictati(j)n and t^scription of hearings and preparing written decisions on all. l>H^bmitted, Town Justice -... ATTACHMENT #3 02/11/2008 TOWN BOARD MEETING » \ To: From: Agenda # 19 Highway Superintendent Town of Ithaca Public Works Department 106 Seven Mile Drive Ithaca, NY 14850 School staff and families of The Elizabeth Ann Clune Montessori School of Ithaca 120 East King Road Ithaca, NY 14850 Date:November 27, 2007 Re:Speed Limit Reduction Petition Request: A lowered school speed limit to address safety concerns The people whose names appear below in this petition are members of the EACMSI school community. Our school has two hundred students between the ages of three and fifteen. We are housed in three buildings, two of which are on the south side of East King Road, the other across the street. We currently have a school zone speed limit of 30 mph surrounded by a 45mph speed limit on each side. Our students cross East King Road twice a day for lunch in the main building and additionally for physical education, art, and band practice. Our students are always accompanied by an adult. We know from experience that vehicles are traveling quite quickly on King Road and even 30 mph is overly fast when groups of children may need to cross the road. Additionally, when vehicles are traveling west on King Road, the steep decline contributes to speeding. We propose a lowered school speed limit to address our safety concerns. We thsmk you for yom consideration of this request and hope to hear from you soon. NAME ADDRESS nil pro /VV Sosiv^nct. CU,-./ 52lo D.uJli ^.di Jl - ildif-hflS, /(/y I9S-1 P-S. A- A/. / Z_( k^'Li-6 ' s f ^ Re; Request: NAME Speed Limit Reduction Petition A lowered school speed limit to address safety concerns ADDRESS -h 9 ^ ^ci Xec/ fU)/ ^cj i]iiu.4ie Jer-T»W " L<; f\ I kJ U\.\.\ Rcil S|^ Mjm n^'o p^ru 6yt3+^ aV / io /3 ^ ^ « H( ^ itkgccc LihuL C ! 0 0. 01 dJLy TcVyUM^ A<j i '^7 7 C^(yl { j'—e.A.^,Uc ^' • /7y I'tSI'J .^d1 YaJ. MV '^tjl l{ /(-Ji ii'\ec.t^'£^<s^ciZ£ "gb _,- AJy / <f€iz's >t%i)lH /a'K&CiilMjCi'ccie'T^-tkto.Pl' \c) t^cct[r frrtXbn 3376 i)dunk. PJ. I ntn<^')^i>i<^k /^ S i //jrrItmi>d4.l Ty Aa/wtf I ^ l/ijU/4i&U yK. iii¥i'^'^\yi/yy^ JL=. > s : I r> Re: Request: Speed Limit Reduction Petition A lowered school speed limit to address safety concerns ADDRESS DIllMT NAME c ^ X. M. ojykd.;Ml 8hi Iat S\o\ iLoi thlL M giti4 Lj^ !/& 7Xj2 /(L T/u /(M Lujdy ^^jy^^QlOx^ ^ ^cJ^ f!^'" iA'^ _ ^ fewiA/Vclii-^l-L^UtS I? J ^L'S Rc( 1^ 2-/^ (^// /^^ S/- ■Mia£:£>^ olo!L^ V/f Ca-AiO^J' ^J. aa-CUv-- C.rA^a}li(^ Re: Speed Limit Reduction Petition Request: A lowered school speed limit to address safety coiicems NAME ADDRESS j X/ jhlj Hd': C^L A4^'v/V ert'^y^ dilLh- '^/Tl/I Lmlii )Wl\r3fyLi^i^' iL.U) /'fih 6^CO RC/j P /1Pr/Q-.U^ jOi^ Cp^cJU-^ /^^Sl C[^Jp Xthyj^^y^, ^'7^^ t/3 v<< 5Yc «7«rc^ ^/ U^ATmOi^UJ tfT5^ T xzn d: Ukaca N8^<^ \o^ (Sa« S"f. JHgsi? ^^uarrliL Vl- JTtvm 3X1 fcZ/y S^ hJY I3(g> I n~'ft.U^K<>.>1K7oC>fc-SlihCiC 0 i^lo /V. JX Jf'- jjila/jo^ 1 ^ n i ^ i > Re: Speed Limit Reduction Petition Request: A lowered school speed limit to address safety concerns NAME ADDRESS " LL5 I A/Y /yg. l^^udLj k2(p(j (AJ^s j-l.yp^c^ P \\YyiAyi^\.\-ov /\)gV'a-t^ Ogj: fKI/ Pi. A>i (48ST.' hk]liBSO ^(-irfc ?.o5oyij-/Mr xiH/^f/f Aj^ / V (Icvjfo^ Ci'\dplu'\ l:^s"ifcW f,r( n "j3V[ia<:4^i^ Y •^:ho"^/ (r^olcib^ V/ Placid f2rr■fi(jiry^n(^M^mctiiuj(i>i /iJ^V A^y ^^S() u lAhhi^i'i h(. 3-W(r^ ^ose ?(- :'UtWa. IY^x C z/"7 L< f(' A y/)//■, cL^Tfi>ky\ SL^ ^^X'C uJ6l^ O/. ^4^f>Lc. 1f f\ S ^ y lCVyV IX^- ^ ' \ Re: Speed Limit Reduction Petition Request: A lowered school speed limit to address safety concerns NAME ADDRESS Mfhh 3a V^vj^v (Xsr- (o^ ^My^ i iu 0\/ t~f~y^e.{r U3lA.t4n^ U3l(^iVlc; / A/^g^/^-A A/, ''' ArTPV^L^^C.Pl ge* iHd J iHO'C HiWSkcuu ,4/ J?(i'uicc t^o? ,^T2' 9^©a.^X f/ Lt^ .•A'' •55h t / . /•://u u ^SZiAjkDa :)^Cdtl&-{^sj^ JQ/ [ZiH^dkUjcKj. ql ^ ''1^1^ /4- kia^ KI y 3 ./ i ,<-60 Lo,^- rv-^^v-c /JkJ , ,.^.. fl'fy. n i-^//.f't' L'-f^ y S(ti^ UlhnQ/}/} fJ.ii-AAy ijy^'-> m i \0S U. / y. X^/yri^ hy m^iSo- ^ f Re: Speed Limit Reduction Petition Request: A lowered school speed limit to address safety concerns NAME ADDRESS I S* 0 i-gu' r S. -'I J ^ j / \ ^4^ f -r To: From: Highway Superintendent Town of Ithaca Public Works Department 106 Seven Mile Drive Ithaca, NY 14850 School staff and families of The Elizabeth Ann Clune Montessori School of Ithaca 120 East King Road Ithaca, NY 14850 Date: Re: November 27, 2007 Speed Limit Reduction Petition Request: A lowered school speed limit to address safety concerns The people whose names appear below in this petition are members of the EACMSI school community. Our school has two hundred students between the ages of three and fifteen. We are housed in three buildings, two of which are on the south side of East King Road, the other across the street. We currently have a school zone speed limit of 30 mph surrounded by a 45mph speed limit on each side. Our students cross East King Road twice a day for lunch in the main building and additionally for physical education, art, and band practice. Our students are always accompanied by an adult. We know from experience that vehicles are traveling quite quickly on King Road and even 30 mph is overly fast when groups of children may need to cross the road. Additionally, when vehicles are traveling west on King Road, the steep decline contributes to speeding. We propose a lowered school speed limit to address our safety concerns. We thank you for your consideration of this request and hope to hear from you soon. • t? o n NAME ADDRESS Suianhji^ 5-, , A/ J r • ATTACHMENT #4 02/11/2008 TOWN BOA^^^T^^/- /3Z^ Tfirv.£tl'lA//A/ WSHA Comments on Town of Ithaca Lakefront Zoning Laws The Lakefront Zoning Committee has developed their proposed laws and, with minor exception, has not used our constructive and fact-based recommendations. The West Shore Homeowners Association, representing 250 homes from Cass Park to Taughannock Boulevard, conducted a survey of lakefront owners and reviewed lakefront legislation of surrounding lakes. We support legislation based on our survey and review of existing legislation of the surrounding lakes. Four of the areas which we have special concern include: 1. 270-43. J3. "Piers, docks, wharves, sea walls, boat ramps, boatlifts, boat hoists and similar water front structures...shall only be constructed of materials that are stable, chemically inert and insoluble and which will have no adverse effects on water quality." The WSHA supports the intent but this should be reworded. An activist could use this section to stop the construction of essentially any structure. 2. 270-43. J5. "Such structures [boat hoists] shall not have roofs, covers or sides." The WSHA opposes the no-roof restriction. 3. 270-43. J9. Docks may not be longer than 40 ft. The WSHA suggests an exception when the water is shallow to permit a dock of 60 ft (to reach a water depth of 5 ft). 4. 270.46. F. Excluding docks & boat lifts, no structures within 25 ft of the shore. This impacts boat storage facilities, garden sheds and cabanas. The WSHA suggests a 10 ft exception for properties where steep slopes prevent 25 ft setbacks. We would welcome the opportunity to work with the Planning Board to review the details of suggested changes. Don Smith. Work 272-9111 West Shore Homeowners Association February 11, 2008 Town of Ithaca May 14, 2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 ARTICLE VII Lakefront Residential Zones Suggested changes are highlighted In yellow. Edits are crossed out. § 270-40. Purpose. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use. the resource provided by Cayuga Lake. The "grandfather" clause defined in 270-211 is applicable. § 270-41. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. I f \ B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. Town of Ithaca May 14, 2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 § 270-42. Principal uses authorized by special permit only. t ^ The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Public library, public museum, and public schools. C. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. D. Bed-and-breakfast. § 270-43. Permitted accessory structures and uses. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227 and further subject to the requirement that no vehicle parking, with the exception of that which existed before the establishment of the Lakefront Residential Zone, shall occur within 100 feet of the Ordinary High Water line of any shoreline. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to two accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Adult day-care facilities serving no more than four clients at any one time. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. A ^ H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. Town of Ithaca May 14,2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 ^ < I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth f in §270-219.3. J. Piers, docks, wharves, sea walls, boat ramps, boatlifts, boat hoists, cabanas and similar unoovorod waterfront structures, when such uses are clearly accessory or incidental to the primary, principal use on the property. Such structures are subject to all applicable state and federal regulations and approvals and are further subject to the following requirements: (1) All such structures shall be designed in accordance with good engineering practice and shall require a building permit. The applicant for a building permit shall submit, at a minimum: (a) A short written narrative describing the proposed structure, equipment that will be used, and the construction schedule. (b) A general location map showing the waterway shoreline, the exact location of the proposed project, the nearest street or road and north arrow. (c) An accurately scaled plan view map showing the existing shoreline (water's edge), property lines and length of property between lines, f north arrow, Ordinary High Water line, location and dimensions of f ^ existing structures, location and dimensions of proposed structures and fills, and length of waterward encroachment. (d) An accurately scaled profile showing the existing shoreline, Ordinary High Water line, height of proposed structures above the Ordinary High Water level, depth of water at waterward end of proposed structures when lake is at the Ordinary High Water level, and distance of waterward encroachment. (e) A copy of the Army Corps of Engineers Permit for the proposed structures, if required. (f) At the discretion of the Code Enforcement Officer, plans approved by a licensed engineer or architect. (g) All other information required by this chapter or other laws, rules or regulations for issuance of a building permit. (2) We support the intent but it must be reworded. An activist could use this section to stop a high share of structures. The "not to impact" clause for any of these provisions are too loose and open to interpretation. Please t reference national standards to define requirements. At this time, we do not f y have a rewording suggestion. The construction of such structuros shall bo fish spawning grounds, destroy the natural beauty of the shoreline, reduce 3 f t Town of Ithaca May 14, 2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 the stability of steep slope areao, cauoo orosion or sodimontation problems along the shoreline, create hazards for navigation, interfere with the public rights of other littoral parcels, or otherwise threaten the public health and (3) (4) (5) (6) (7) f s (8) We support the intent but it must be reworded. An activist could use this section to stop a high share of structures. For example, as stated, pressure treated wood is probably not acceptable. Can we reference a national regulatory standard that defines materials that are stable and not harmful to water quality? Such structures shall only bo constructed of materials that are stable, chomically inert and insoluble and which will have no adverse effects on water quality. The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and United States Army Corps of Engineers regulating such activities. Except as described in this subparagraph 5, such structures shall not have roofs, covers or sides. Such structures may have uncovered side supports hoists may not exceed a 22 ft x 14 ft footprint (including any roof overhang, and the roof peak will not exceed 14 feet from Ordinary High Water Level (OHWL) of 384 feet. Construction of a second floor level under the boat hoist roof is not allowed. No boat hoist may be used as a dwelling, sleeping, lodging or boarding place. (Comment: 22 x 14 assumes a 22 ft boat, practical for a boat lift). The maximum surface area of all boatlifts or boat hoists on a waterfront lot shall not, in the aggregate, exceed 300 308 square feet. (Comment: 22 x 14 = 308). To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, piers, docks, and wharves shall not be constructed with rock-filled cribbing, sheet piling, closely spaced piling, or such other construction technique or materials that would significantly impair water circulation. Except as specified in subparagraph 11 below, the width of any pier, dock or wharf (excluding boatlifts and boat hoists) shall be a minimum of three feet and shall not exceed eight feet. Any extension, such as an "L", "T" or "U" extension, shall not exceed eight ft in at least one dimension (length or width). o f "S Town of Ithaca May 14,2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 r ¥ y 40 ft Example of "L" Not to scale. Max dimensions (9) The length of any pier, dock or wharf, including all extensions but excluding boatlifts and boat hoists, shall extend offshore from the Ordinary High Water line to a distance no greater than 40 feet (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Environmental Conservation or the United States Army Corps of Engineers). Exception to dock length can be made where the water is shallow. In this case the dock can extend until the water depth is 5 feet (from Ordinary High Water Level) or the dock length reaches 60 feet, whichever comes first. (Comment: Some boats, sail & power, require 5+ ft. Late in the summer, the lake levels are lower. In addition, wave action significantly impacts water depth.) 9a) Each property shall be allowed one dock for every 100 feet of shoreline. (10) The maximum surface area of all piers, docks, and wharves on a waterfront lot shall not, in the aggregate, exceed SOO 384 square feet, including all extensions but excluding any boatlifts and boat hoists. Comment: 40 ft x 8 ft - 320 ft^ + L, T or U extension of 8 ft x 8 ft for total of 384 ft^. (11) Every pier, dock, wharf, boat ramp, boat lift or boat hoist that is constructed shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the adjacent property lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed throe four feet, including all extensions. (12) For concave or convex properties, piers, docks, and wharves shall be placed to have a minimum clearance or setback of 20 feet from the water rights lines of the parcel so as not to interfere with the lakeshore usage of adjacent parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the water rights lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed three four feet, including all extensions. Water rights lines are determined using the following method (see Figure 1 below): r> * 1 t \ Town of Ithaca May 14, 2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 (a) Determine the four points where the mean high water line intersects the property lines of the parcel and the two adjoining lakeshore parcels (indicated by square points in Figure 1 below). (b) Connect the points of intersection with straight lines. These lines are called mean high water tie lines (dotted lines in Figure 1). (c) Where two mean high water tie lines meet, measure the angle on the waterside (i.e. 152" between Parcels E and F). (d) Bisect (or divide by two) that waterside angle measurement. The newly formed line projected out over the waterside is the water rights line (i.e. half of 152° is 76"). / S FigureJ: Delineating Water Rights Lines Intersection of mean higher water line and shore line Property Line Shore Line Mean Higher Water Tie Line Line bisection angle formed by adjacent water lie lines water nghts Hne - • / j \ •- water rights line L a k 6; Parcel G Parce HParcel B Parcel A ' Parcel C Parcel F Parcel D Parce E and^'Lakesholre I f \ (13) If lighting is provided, lighting of the surface of any pier, dock, wharf or similar uncovered waterfront structure shall be provided in such a manner so as not to produce any offensive glare (Comment: Too loose?. Can we specify type of lighting? Other options?) when viewed from the water or the land and shall comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. Town of Ithaca May 14, 2007 DRAFT _ West Shore Homeowners Association suggestions 8/1/07 * ¨ f ^ (14) Commercial (for profit) renting, leasing or operation of piers, docks, wharves, boat launching ramps or similar uncovered waterfront structures shall be expressly prohibited in Lakefront Residential Districts. (Comment: Add wording that prevents "funneling". Add funneling to the list of Lakefront definitions. For example, we want to eliminate several parties with non-lake shore property buying lakeshore property and sharing the use of the lake- shore property.) K. Moorings, subject to the following restrictions: (1) Moorings shall only be placed in connection with littoral parcels. Such structures shall be placed only within an area parallel to and 30 feet inward of the parcel lines extended lakeward at right angles from the shoreline, and to a depth necessary for safe mooring of a boat. (2) Moorings shall be placed so that objects moored to them, at full swing of their mooring or anchor line, will be no closer than 10 feet to the projection of the adjacent property lines from the shoreline. r (3) The number of private moorings permitted per each waterfront lot shall not exceed the following: ^ \ (a) 100 feet or less of water frontage: A total of one such mooring. (b) More than 100 feet up to 250 feet of water frontage; A total of two such moorings. (c) More than 250 feet up to 500 feet of water frontage: A total of three such moorings. (d) One additional mooring is allowed per each 150 feet of water frontage In excess of 500 feet. L. Nothing in this section is Intended to require or permit activities which contravene any laws, rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are any of the foregoing provisions intended to supercede any requirements for the obtaining of any permits or approvals required by the United States or New York State, or any agency thereof. § 270-44. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: f f \ A. Elder cottages pursuant to, and subject to, the provisions of § 270-216 of this chapter. f Town of Ithaca May 14,2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 B. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the Ordinary High Water line of the shoreline, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. § 270-45. Height limitations. In Lakefront Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, piers, docks, wharves, sea walls, boat ramps, boat lifts, boat hoists, moorings and similar uncovered waterfront structures shall not exceed 8 feet in height. Accessory buildings shall in no case exceed 20 feet in height. Boat hoist roofs shall not exceed 14 feet in height. § 270-46. Yard regulations. In Lakefront Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet nor need it be greater than 60 feet. B. Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feet in depth from the Ordinary High Water line. C. Side yards: Each not less than 20 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. Exception will be made for already grandfathered properties that are less than 50 feet in width, in which case side yard needs to be not less that 10 feet in width. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Lakefront Rosidontial Zonos accessory buildings other than garages may not occupy any opon spoco other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear the yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, either a private garage not over one story in height and housing not in excess of two cars or a small accessory Town of Ithaca May 14,2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 r building not exceeding 20 square feet in floor area and not exceeding 12 feet In > height, may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. F. Minimum setback from shoreline; Notwithstanding the foregoing, any principal building, parking area, cabana, gazebo, boathouse or other accessory structure, excluding such uncovered facilities as docks, piers, wharves, sea walls, boat ramps, boatlifts, boat hoists and moorings, and covered or uncovered boatlifts or boat hoists, shall be located at least 25 feet inland from the Ordinary High Water line of the shoreline. Exception shall be made for cabanas on properties where steep slopes or cliffs prevent the location of a cabana 25 feet inland from the Ordinary High Water line. In this case the rear wall of the cabana shall be located four feet from said steep slope or cliff, and the lakeward wall of the cabana shall be located no closer than 10 feet from Ordinary High Water Line. G. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed structures, including piers, docks, wharves, sea walls, boat lifts, boat hoists, boat ramps, and moorings. The Planning Board, during site plan review, may establish a minimum setback of greater than 25 feet from the Ordinary High Water line based on due ^ consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area (if applicable), as well as scenic views and vistas. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of piers, docks, wharves and similar structures where such changes or additions meet a § 270-191 threshold. § 270-47. Building area. The maximum building area shall not exceed 40% 20% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-48. Size and area of lot Lots in Lakefront Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 15,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet; and D. Minimum width at the shoreline, as measured in a straight line that is 90® from a f \ sideline at its point of intersection with the Ordinary High Water line of the lake to the other side line, shall be 100 feet; and Town of Ithaca May 14, 2007 DRAFT West Shore Homeowners Association suggestions 8/1/07 * E. Minimum depth from the highway right-of-way shall be 150 feet. 1 F. Any lakeside lots subdivided prior to January 1. 2007 that do not meet criteria A-D above shall be grandfathered to their pre-Jan 1, 2007 dimensions. § 270-49. Special properties. In the case of publicly owned properties located in Lakefront Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front and side yard requirements set forth above shall apply only along the exterior public street frontages and there shall be no rear yard requirements. The shoreline setback requirements shall remain. § 270-50. Parking. Parking requirements shall be as set forth in Article XXVII. § 270-51. Special requirements. The following additional special requirements shall apply to Lakefront Residential Zones: A. Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such manner as to prevent to the maximum extent possible, erosion and sedimentation of surface waters. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the Ordinary High Water line of the shoreline unless: (1) A permit for same is obtained pursuant to the fill permit provisions of this chapter or is issued by the Town of Ithaca Director of Engineering upon his determination that such grading or filling is necessary to protect the shoreline and to prevent erosion, or (2) Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by a Code Enforcement Officer after the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline. B. In addition to the requirements of this article, any construction, grading, or other activities shall be conducted only in accordance with any federal, state, or other local law or requirement pertaining to such activity, including any requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers. r 9 y 10 / ^ ATTACHMENT #5 02/11/2088 TOWN BOARD MEETING □□□□□□□Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca 2. Project Name Town of Ithaca Stormwater Management and Erosion and Sediment Control Law 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) The new law will apply to land development activities occurring throughout the entire town. Tax Parcel Number: 4. Is proposed action: NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): The project is to adopt a local law which will involve 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; amending Chapter 270 of the Town of Ithaca Code, titled "Zoning," for the purpose of adding Storm Water Plan Submission Requirements; and amending Chapter 234 of the Town of Ithaca Code, Titled "Subdivision of Land," in order to add Storm Water Poliution Prevention Plan Submission Requirements. The new law will apply to land development activities that exceed certain thresholds specified in the law. The purpose is to minimize stormwater runoff related impacts generated from land development activities. The law requires the development and implementation of plans to control/treat erosion and stormwater runoff in order to protect water quality and reduce damaging runoff rates and volumes. The law also stipulates inspection requirements for stormwater measures, as well provisions for their long term operation and maintenance. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initially (0-5vrs) Acres (6-lOyrs) (>10 yrs) Acres N/A 7. How is land zoned presently? All zones within the town are subject to the law. 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: This will result in a new law. 9. Will proposed action lead to a request for new: Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X Industrial X Agriculture X Park/Forest/Open Space X Other Please Describe: The new law will apply to all land uses in the town. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Signature and Date: PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) ( \ A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes. coordinate the review process and use the FULL EAR. □ Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No. a negative declaration may be superseded by another Involved agency. I I Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or fl ooding problems? Explain briefly: See attached C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See attached C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: See attached C4. A community's existing plans or goals as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain briefly: See attached C5. Growth, subsequent development, or related activities likely to t)e induced by the proposed action? Explain briefly: See attached C6. Long term, short term, cumulative, or other effects not identified In C1-C5? Explain briefly: See attached i \ ( IC7. Ot!j®|[jmpacts_(including_changesjn_u^ See attached D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes, explain briefly: I I Yes [✓I No E. IS THERE. OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: I I Yes I ^ I No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othenvise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box If you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency February 11, 2008 Date r ^ Herb Engman Print or Type Name of Respons fficer In Lead Agency Town of Ithaca Supervisor Title of Responsible Officer gnature of Responsible GfT^^ln Lead Agency iture or Preparer (If different 1Signature orReparer (If different from responsible officer) Agenda Item #10 \ t \ PART II - Environmental Assessment; Adoption of a Stormwater Management & Erosion and Sediment Control Law Town of Ithaca Town Board A. Action is Unlisted. B. Action will not receive coordinated review. C. Could action result in anv adverse effects on. to or arising from the following: Cl. Existing air Qualitv. surface or groundwater aualitv or quantitv. noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion, drainage, or flooding as a result of the proposed action. Enactment of the new stormwater management law is intended to protect water quality by requiring the implementation of measures that will reduce and control erosion and sedimentation during ongoing land development/disturbing activities, as well as treat stormwater runoff from subsequently developed sites that have been converted to impervious surfaces and/or areas of reduced natural vegetation. The new law will also require implementation of measures that will reduce stormwater runoff rates and volumes in order to minimize flooding, stream channel erosion, and property damage. C2. Aesthetic, agriculture. archeologicaL historic, or other natural or cultural resources, or communitv or neighborhood character? None Anticipated. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None Anticipated. Enactment of the new stormwater meinagement law is intended to protect the biological, ecological, and other beneficial functions of water bodies from the adverse impacts of stormwater runoff. This will be accomplished through measures to reduce sediment and other pollutants, associated with land development activities, from being transported via stormwater runoff into streams, reservoirs, wetlands and lakes. The new law will also require measures to reduce stormwater runoff rates and volumes from developed areas. This will serve to minimize the scouring and erosion of stream channels, thus helping protect aquatic habitats. / \ C4. The Town's existing plans or goals as officiallv adopted, or a change in use or intensitv of land or other natural resources? Agenda Item #10 r\ ( \None Anticipated. I This local law will add a new chapter to the Town of Ithaca Code to require stormwater management and erosion control measures for land development activities that meet certain thresholds, as specified in the law, as well as amend chapters in the Code dealing with site plan (Zoning Chapter) and subdivision (Subdivision of Land Chapter) regulations, in order to expand stormwater pollution prevention plan submission requirements. While the Planning Board has been requiring stormwater management and erosion control measures to be implemented as part of most site plan and subdivision reviews, as required by NYS Department of Environmental Quality, the proposed new local law will provide the Town with greater enforcement authority, create consistent legal authority for operation and maintenance of stormwater measures, and strengthen/expand regulations for stormwater management to better reflect site characteristics and needs of the Town of Ithaca (steep topography, soil types, numerous water courses, expanding development). The law will apply to land development activities town wide in all zoning districts. C5. Growth, subsequent development, or related activities likely to be induced bv the proposed action? None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? ^ ) None Anticipated. C7. Other impacts (including changes in use of either Quantity or tvpe of energy)? None Anticipated. D. Is there, or is there likelv to be. controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. PART III. - Staff Recommendation. Determination of Significance Based on review of the materials submitted for the proposed action, the proposed scale of it, and the information above, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board Reviewer: Susan Ritter, Assistant Director of Planning ^ Review Date: February 5,2008 ' ^ / A-l-l (A cU »Vl £ /} f Amm-h§ 9 f N / TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2008 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" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by deleting Chapter 228, entitled "Stormwater Management," and adding a new Chapter 228, entitled "Stormwater Management and Erosion and Sediment Control", reading as follows: "Chapter 228 STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL § 228-1. Title. § 228-2. Findings. § 228-3. Purpose and Objectives. § 228-4. Statutory authority. § 228-5. Definitions. § 228-6. Applicability. § 228-7. Exemptions. § 228-8. Administration. § 228-9. Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control. § 228-10. Stormwater pollution prevention plans and erosion and sedimentation control plans. § 228-11. Maintenance, Inspection, and Repair of Stormwater Management Practices. § 228-12. Law Governing Conflicts. § 228-13. Administration and Enforcement. § 228-14. Performance Guarantee. § 228-15. Enforcement and Penalties. 01/25/08 ( \ I \ § 228-1. Title. This chapter shall be known as the Stormwater Management and Erosion and Sediment Control Law. §228-2. Findings. The Town Board of the Town of Ithaca finds the following: A. Land development activities and increases in site impervious cover permanently alter the hydrologic responses of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion and sediment transport and deposition, and decrease groundwater recharge. B. Stormwater runoff from developed areas contributes significant quantities of water-borne pollutants to surface and groundwater sources, degrading water bodies, affecting public and private water supplies, recreational uses, and threatening fish and other aquatic life. C. The clearing and loss of vegetation, and the grading of the soil for development purposes, particularly on moderate to steep slopes, can , ^ increase soil erosion, leading to siltation of water bodies, decreasing their capacity to hold and transport water, and degrading terrestrial and aquatic habitats. D. Impervious surfaces and re-graded land surfaces associated with development reduce the infiltration of rainfall into the soil and the recharge of groundwater resources. E. Improper design, construction, and implementation of stormwater and erosion control facilities and practices can also increase stormwater runoff rates and volumes, leading to increased flooding, stream channel erosion, sediment transport and deposition and overall degradation to water bodies. F. Substantial economic losses can result from these adverse impacts to the community waters. G. The southem end of Cajniga Lake, which includes that portion in the Town of Ithaca, and which ultimately receives drainage water from land area in the Town, has been placed on the New York State 2004 Section 303(d) List of Impaired Waters. This list identifies sediment/silt and phosphorus as the major sources contributing to this impairment. ^ ^ 01/25/08 / H. Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new land development and redevelopment activities, through the use of both structural and nonstructural practices. 1. It is in the public interest, and will minimize threats to the environment and to public health and safety, to regulate stormwater runoff from land development activities within the Town of Ithaca as provided in this chapter in order to control and minimize increases in stormwater runoff rates and volumes, to provide for the recharge of groundwater resources, and to control and minimize soil erosion, stream channel erosion, and nonpoint source pollution associated with land development activities, J. Town regulation of land development activities by means of establishing performance standards governing stormwater management and site design will act to mitigate the adverse effects associated with stormwater runoff, erosion and sedimentation from development. § 228-3. Purpose and Objectives. The purpose of this chapter is to establish minimum stormwater management ^ ^ requirements and controls to protect, maintain and enhance the health, safety, and , , general welfare of the citizens of the Town and its natural environment, to protect and preserve the property of the Town and of its residents, and to address the findings stated above in § 228-2, by achieving the following objectives: A. Meet the requirements of minimum measures 4 and 5 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as it may be amended from time to time, which Permit applies to the Town. B. Require land development activities to conform to the substantive requirements of the New York State SPDES General Permit for Construction Activities Permit No. GP-02-01, as it may be amended from time to time. C. Control and reduce stormwater runoff rates and volumes, in order to reduce or minimize flooding, stream channel erosion, property damage, and to maintain the integrity of stream channels and aquatic habitats. D. Control and minimize soil erosion from land development activities and ' s prevent the transport of sediment to receiving water bodies. 01/25/08 E. Facilitate removal of pollutants in stormwater runoff so as not to degrade . ^ ground and surface water quality. F. Protect the biological, ecological, and other beneficial fimctions of water bodies, such as streams, wetlands, lakes and reservoirs, firom the adverse impacts of stormwater runoff. G. Encourage groundwater recharge so as to maintain stream base flows, aquatic life, and adequate water supplies. H. Establish provisions for the long-term responsibility for and maintenance of stormwater control facilities and practices to ensure that they continue to fimction as designed, are maintained, and pose no threat to public safety. I. Establish provisions to ensure there are adequate fimding mechanisms, including financial security or surety, for the proper review, inspection and long-term maintenance of stormwater facilities and practices implemented pursuant to this chapter. J. Establish provisions for the Town to recover all costs and expenses incurred by the Town for any repairs it makes to Stormwater Management Practices. I \ K. Establish administrative procedures for the submission, review, approval or disapproval of stormwater management plans, and for the inspection of approved active development projects, and long-term oversight of the stormwater control facilities and practices. § 228-4. Statutory authority. This chapter is adopted pursuant to the laws of the State of New York, including § 130, Subdivision 15, of the Town Law, § 10, Subdivision l(ii)(a)(9-a), (11) and (12) of the Municipal Home Rule Law, and § 10, Subdivision 2 of the Municipal Home Rule Law. § 228-5. Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPLICANT ~ A property owner or agent of a property owner who has filed an application with the Town for a land development activity. BASIC STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ~ A plan for controlling stormwater runoff and pollutants from a site during land development activities. \ 01/25/08 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. CHANNEL ~ A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. CLEARING ~ Any activity that removes vegetative surface cover from land. DESIGN MANUAL ~ The New York State Department of Environmental Conservation's New York State Stormwater Management Design Manual, as it may be revised from time to time, that serves as the Town's official guide for stormwater management principles, methods and practices. DEVELOPER ~ A person, corporation, organization, agency or other entity undertaking land development activities, or for whose benefit land development activities are carried out. DEVELOPMENT - Actions that make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, , \ clearing of vegetation, grading, earth moving, mining, excavating, providing utilities and other services such as parking facilities or stormwater management and erosion control systems, altering land forms, or constructing a structure on land. DRAINAGE AREA ~ A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body. EROSION CONTROL MANUAL - The "New York Standards and Specifications for Erosion and Sediment Control" manual (commonly known as the "Blue Book"), as it may be revised from time to time, which is written by the Empire State Chapter of the Soil and Water Conservation Society. FARM ~ Any parcel of land which is used in the raising of agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced, or derived from products produced, predominantly on the farm property on which the building is located. FINAL STABILIZATION ~ Final stabilization occurs when all soil disturbance , activities have ceased and a uniform, perennial vegetative cover with a density of , eighty (80) percent over the entire pervious surface has been established, or other equivalent stabilization measures, such as permanent landscape mulches, rock rip- 01/25/08 f \ rap or washed/crushed stone, have been applied on all disturbed areas that are not / \ covered by permanent structures, concrete or pavement. FULL STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - A plan for controlling stormwater runoff and pollutants ifrom a site during and after activities associated with land development. Includes the Basic SWPPP plus permanent post-construction stormwater management measures. GRADING ~ Excavation or fill of material, including the resulting conditions thereof. HOTSPOT — Land uses or activities with higher potential pollutant loadings than are found in typical stormwater runoff, such as, but not limited to, auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt storage areas, commercial nurseries and landscaping facilities, outdoor storage of and loading areas for hazardous substances, or marinas. IMPERVIOUS COVER — Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water, such as, but not limited to, building rooftops, pavement, sidewalks, and driveways. t INFILTRATION ~ The process of percolating stormwater into the subsoil. . ^ INTERMITTENT STREAM ~ A well-defined channel that contains water for only part of the year, typically during winter and spring, and in direct response to a precipitation event. It may be dry for a large part of the year. LAND DEVELOPMENT ACTIVITY — All activities, including clearing, grubbing, grading, excavating, stockpiling, importing or movement of fill, paving, installation of utilities, and construction of buildings or structures, that result in soil disturbance, regardless of whether the activities are for a new development or a redevelopment of land. LANDOWNER ~ The legal or beneficial owner of land, including those persons or other entities who hold the right to purchase or lease the land, or any other person or other entity who holds proprietary rights in the land. MAINTENANCE AGREEMENT ~ A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of Stormwater Management Practices. PERENNIAL STREAM — A well-defined channel that contains water year-round during a year of normal rainfall. ^ > 01/25/08 PHASING ~ Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT OF CONCERN - Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. PROJECT ~ Land development activity. QUALIFIED INSPECTOR — A licensed professional engineer or a licensed landscape architect who is knowledgeable in the principles and practices of erosion and sediment control and stormwater management, or a Certified Professional in Sediment and Erosion Control. QUALIFIED LICENSED PROFESSIONAL - A licensed professional engineer who is knowledgeable in the principles and practices of erosion and sediment control and stormwater management. RECHARGE ~ The replenishment of underground water reserves. REDEVELOPMENT ~ Reconstruction or modification of any existing previously developed land containing impervious surfaces, where such reconstruction or modification involves soil disturbance. REDEVELOPMENT PROJECT ~ A project that entirely consists of redevelopment, or a project that consists of a combination of redevelopment and new development. SIMPLE EROSION AND SEDIMENTATION CONTROL PLAN -- A plan for controlling erosion and sedimentation firom land development activities for certain small projects. SEDIMENT CONTROL ~ Measures that prevent eroded sediment from leaving the site. SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 -- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of constmction activities to regulate disturbance of one or more acres of land. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 -- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with U.S. Environmental Protection Agency- 01/25/08 established water quality standards and/or to specify stormwater control , 1 standards. STABILIZATION ~ The use of practices that prevent exposed soil from eroding. STOP-WORK ORDER ~ An order issued which requires that all work and activity on a site be stopped. STORMWATER ~ Rainwater, surface runoff, snowmelt and/or drainage. STORMWATER MANAGEMENT ~ The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT FACILITY ~ One or a series of Stormwater Management Practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER MANAGEMENT OFFICER ~ An employee or officer designated by the Town Board to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect Stormwater Management Practices. STORMWATER MANAGEMENT PRACTICES — Measures, either structural or nonstructural, that are the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - A plan for controlling stormwater runoff and pollutants from a site during construction activities, and in some cases also ^er construction activities. See also Full Stormwater Pollution Prevention Plan and Basic Stormwater Pollution Prevention Plan. STORMWATER RUNOFF ~ Flow through or on the surface of the ground, resulting from precipitation. STREAM ~ A natural watercourse containing flowing water at least part of the year. A stream can be either intermittent or perennial. SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface water, natural or artificial, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering New York State or within its jurisdiction. Storm sewers and waste treatment ' s f \ 01/25/08 \ ^ systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the State. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the State (such as a disposal area in wetlands) nor resulted from impoundment of waters of the State. TOTAL MAXIMUM DAILY LOAD -- Total Maximum Daily Load (TMDL) - A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the maximum amount of a pollutant that a waterbody can receive on a daily basis and still meet water quality standards, and an allocation of that amoxmt to the pollutant's sources. A TMDL stipulates wasteload allocations for point source discharges, load allocations for nonpoint sources, and a margin of safety. WATERCOURSE — A stream or other body of water, either natural or man- made, which gathers or carries surface water. WATERSHED ~ Total drainage area contributing runoff to a given point along a watercourse. WETLAND - Any area that is inundated or saturated by surface water or ground ^ water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. § 228-6. Applicability. A. This chapter shall be applicable to all land development activities that exceed any of the thresholds below, unless exempt pursuant to § 228-7. No person or other entity shall undertake any land development activity without first meeting the requirements of this chapter. B. Notwithstanding the foregoing, all Stormwater Management Practices associated with land development activities that do not exceed the thresholds below or are otherwise exempt from the requirements of this chapter shall be maintained in good working condition and kept in good repair by the landowner and any owner and/or operator of the Stormwater Management Practices. The enforcement provisions, penalties and other provisions of § 228-15 shall apply to any violations of this Subsection B's requirements. C. This chapter defmes three levels of plans. Depending on the area of disturbance and other criteria listed below, certain land development activities will require either: 01/25/08 f \ (1) A Full SWPPP with both erosion and sediment control and post- t \ construction water quality and quantity controls; or (2) A Basic SWPPP with erosion and sediment control; or (3) A Simple Erosion and Sedimentation Control Plan. D. Any of the following activities require a Full SWPPP with both erosion and sediment control and post-construction water quality and quantity controls: (1) Any land development activity with an area of disturbance greater than 1 acre that will directly discharge a pollutant of concern to either an impaired water body identified on the New York State Department of Environmental Conservation's 303(d) list of impaired waters, or a watershed for which a Total Maximum Daily Load is required, for which pollutants in stormwater have been identified as a source of the impairment. (2) Any land development activity with an area of disturbance of 1 acre or more and less than 5 acres, other than for construction of one- or two-family dwellings. ^ ^ t \ (3) Any land development activity with an area of disturbance of 5 acres or more. (4) Any land development activity that will create 10,000 square feet or more of impervious cover, other than for the construction of one- or two-family dwellings. (5) Any land development activity that is part of a larger common plan of development or sale, which common plan in total will meet or exceed any of the thresholds listed in Subsections D(l), (2), (3) or (4) above, even though multiple separate and distinct land development activities may take place at different times on different schedules. E. Any of the following activities require a Basic SWPPP with Erosion and Sediment Control, if the project is not subject to a Full SWPPP pursuant to Subsection D above: (1) Any land development activity with an area of disturbance of 1 acre or more and less than 5 acres. i \ I 1 01/25/08 10 (2) Any land development activity that involves excavation or filling, or a combination of excavation and filling, of 250 cubic yards or more of fill, sod, loam, sand, gravel, stone or similar materials. (3) Any land development activity with an area of disturbance of less than 1 acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. F. The following activities require a Simple Erosion and Sedimentation Control Plan, if the project is not subject to a Full or Basic SWPPP pursuant to Subsections D or E above: (1) Any land development activity with an area of disturbance of 10,000 square feet or more and less than 1 acre, unless the activity meets all of the following criteria: (a) The activity takes place on level grade (less than 2% slope). (b) The activity does not take place within 20 feet of a roadside , ditch. (c) The activity does not take place within 50 feet of a stream or wetland. (d) The activity is surrounded by no less than a 50 foot wide perimeter of woody or grass vegetation that will remain imdisturbed. (2) Any land development activity that involves excavation or filling, or a combination of excavation and filling, resulting in the movement of more than 50 but less than 250 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials, unless the activity meets all of the following criteria: (a) The activity takes place on level grade (less than 2% slope). (b) The activity does not take place within 20 feet of a roadside ditch. (c) The activity does not take place within 50 feet of a stream. (d) The activity is surrounded by no less than a 50 foot wide perimeter of woody or grass vegetation that is to remain undisturbed. 01/25/08 11 (3) Any activity that involves the laying, replacing, or enlarging of an underground pipe or other underground facility for a distance of 300 feet or more. (4) The disturbance of the vegetative cover of a road ditch, drainage swale or other channel, for a distance of 30 feet or more. (5) Any land development activity, regardless of size, that the Town Engineer, Code Enforcement Officer, or Director of Planning determines likely to cause adverse impacts to an environmentally sensitive area (including, but not limited to, wetlands, steep slopes, swimming beaches, fisheries, and important habitats), or may violate any other stormwater control standards set forth in this chapter. § 228-7. Exemptions. The following activities are exempt from review under this chapter: A. Lawful farm operations on lands the principal use of which is as a farm, if the farm operations (i) occupy three acres or more of land, or (ii) occupy less than three acres of land and are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. Notwithstanding the foregoing, this term shall not include the construction of new structures associated with such farm operations. B. Logging activity undertaken pursuant to an approved timber harvesting plan prepared by the New York State Department of Environmental Conservation, or a New York State Cooperating Forester, which is to be made available on-site for review by the To^ and in which recommended best management practices for water quality protection have been developed and are implemented, except that landing areas and log haul roads are subject to this chapter. C. Land development activities for which a permit or final approval has been issued on or before the effective date of this chapter, where such permit or final approval remains valid and substantial construction has been undertaken, except the Town may require erosion and sedimentation control measures consistent with this chapter. D. Cemetery graves. r 01/25/08 12 E. Installation of fence, sign, telephone, and electric poles, mailbox and newspaper posts, and other kinds of posts or poles, not including structural pilings, that will not alter existing terrain or drainage patterns. F. Emergency activity immediately necessary to protect life, property or natural resources as authorized by the Stormwater Management Officer and/or as the situation dictates. G. Activity of an individual engaging in home gardening by growing flowers, vegetables, and other plants primarily for use by that person and his or her family. H. Maintenance of landscaping or lawn areas associated with a one- or two- family dwelling. § 228-8. Administratioii. A. The Town Board designates the Town Engineer as the Stormwater Management Officer for the purposes of this chapter. B. The Planning Department will receive all stormwater pollution prevention plans that are subject to review and approval by the Town of Ithaca Planning Board or Zoning Board of Appeals, and forward such plans to the Town Engineer for review and a determination of whether the SWPPP complies with the requirements of this chapter. C. Applicants for all land development activities not subject to review and approval by the Town of Ithaca Planning Board or Zoning Board of Appeals shall be required to submit any required SWPPP or Erosion and Sedimentation Control Plan to the Stormwater Management Officer, or his or her designee, who shall have responsibility for reviewing and approving the plan if it is determined to comply with the requirements of this chapter. D. Nothing in this chapter supersedes an applicant's obligation to obtain permit coverage from the New York State Department of Environmental Conservation, as described in the SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-01). For activities that require Full or Basic SWPPPs, the applicant must also submit a Notice of Intent and SWPPP to the New York State Department of Environmental Conservation. The applicant shall also send a copy of the Notice of Intent and Notice of Termination to the Town. / t ' I ; 01/25/08 13 I \ 01/25/08 § 228-9. Performance and Design Criteria for Stormwater Management and ^ ^ Erosion and Sediment Control. ^ A. Technical Standards. (1) All Full and Basic SWPPPs and Simple Erosion and Sedimentation Control Plans shall contain appropriate Stormwater Management Practices that are designed and constructed in accordance with the standards set forth in the Design Manual and Erosion Control Manual. (2) The Use and Implementation of Stormwater Credits. The New York State Department of Environmental Conservation has identified nonstructural Stormwater Management Practices which qualify as Stormwater Credits that can reduce the water quality treatment volume and the water quantity/stream channel protection volume required for projects requiring a Full SWPPP. Such nonstructural Stormwater Management Practices are described in the DEC document entitled "The Use and Implementation of Stormwater Credits." The Town encourages the use of such nonstructural Stormwater Management Practices to minimize reliance on structural stormwater management measmes, and the Town will allow the applicant to utilize Stormwater Credits if the following requirements are met: (a) These practices must be reviewed and approved by the Town of Ithaca before the credit can be taken. (b) These practices must be implemented as described in "The Use and Implementation of Stormwater Credits" document, as it may be revised from time to time, or as described in any successor document issued by DEC. B. Better Site Design Requirements for Full SWPPPS. For projects requiring a Full SWPPP, stormwater management objectives must also incorporate nonstructural Stormwater Management Practices into the project design as specified below. The New York State Department of Environmental Conservation has identified a set of "Better Site Design Practices" (several of which overlap with the "Stormwater Credits" above) which can reduce the impacts of a project, and also often reduce costs. Many of these practices will result in smaller required stormwater treatment and storage volumes. (1) Projects requiring a Full SWPPP must apply a minimum of 2 of these techniques/practices. ' A / \ 14 \ (2) If the applicant contends that the minimum number of practices cannot be incorporated into the project design due to site limitations, the applicant must explain and justify such limitations to the satisfaction of the Board responsible for project review and approval C. Water Quality Standards. All land development activities must comply with New York State water quality standards whether or not a project is subject to this chapter. These standards are enforceable by the New York State Department of Environmental Conservation and include the following prohibitions: (1) Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. (2) Any land development activity shall not cause a flow alteration that will impair surface waters of the state of New York for their best usages. D. General Standards. (1) Developers and landowners must avoid and minimize disturbance of wetlands, stream corridors, and surface waters to the maximum extent practicable at the project site, and obtain the relevant state or federal permits if a disturbance will take place. Land development activities shall not discharge untreated stormwater directly into a natural wetland or water body without adequate treatment, nor modify natural wetlands for stormwater impoundment. To the extent possible, a buffer must be maintained between land development activities (including the placement of silt fencing) and wetland boundaries, stream banks, or lake or pond shorelines. (2) The groxmdwater recharge capacity of an area being developed shall, to the maximum extent possible, be maintained where site conditions permit. The use of structural and non-structural methods, reduction of impervious surfaces, and use of permeable pavement, where appropriate, are encouraged. (3) Notwithstanding Subsection D(2) above, stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots," shall not infiltrate into groundwater unless sufficient water quaUty treatment is provided to avoid , potential water supply contamination. 01/25/08 15 ' \ 01/25/08 (4) Redevelopment projects often make more efficient use of the land, ^ ^ and may reduce overall impacts to natural areas. Alternatives to ^ the technical standards required by this chapter may be appropriate for certain redevelopment projects. The Design Manual describes altemative methods and sizing requirements for redevelopment projects. For those projects that the Stormwater Management Officer determines meet the definition of a redevelopment project and for which he or she determines flexibihty of standards is appropriate, the applicant may use such altemative standards. E. Equivalence to Technical Standards. Where Stormwater Management Practices are not in accordance with the technical standards set forth in § 228-9A above, the applicant or developer must demonstrate equivalence to such technical standards, and any SWPPP must be prepared by a qualified licensed professional and approved by both the Town and New York State Department of Environmental Conservation. § 228-10. Stormwater pollution prevention plans and erosion and sedimentation control plans. A. Plan requirements. No application for approval of a land development activity shall be reviewed or considered until any required SWPPP or Erosion and Sedimentation Control Plan, prepared in accordance with the specifications of this chapter, is submitted to the Town of Ithaca and ^ deemed acceptable by the Stormwater Management Officer, or his or her designee. B. Contents of a Simple Erosion and Sedimentation Control Plan. All Simple Erosion and Sedimentation Control Plans shall provide the following: (1) The names, addresses, and telephone numbers of the landowner(s) and the developer(s), and the address or tax map number of the proposed project site. (2) Written description of the project, existing site conditions, and conditions at adjacent areas in relation to potential erosion and sediment problems, including locations of on-site and adjacent off- site surface water(s). (3) A location map or drawing showing the total site area, including areas to be disturbed and areas of land that will not be disturbed. (4) List of erosion and sedimentation control practices to be implemented, with maintenance procedures and revegetation plan. i ^ / * 16 s / (5) Map showing location of practices to be used for erosion and sedimentation control. C. Contents of a Basic SWPPP. All Basic SWPPPs shall provide the following: (1) The names, addresses, and telephone numbers of the landowner(s) and the developer(s), and the tax map number for the parcel(s) being developed. (2) Written description of the project, existing site conditions, and conditions at adjacent areas in relation to potential erosion and sediment problems, including locations of on-site and adjacent off- site surface water(s). (3) A map showing the delineation of the watershed boundaries in which the project is sited. (4) Site maps and construction drawing(s) for the project, including a general location map. At a minimum, the site map must show, at a scale no smaller than T-100' (e.g., r'=500' is smaller than , 1"=100'): (a) The total site area. (b) All proposed development elements, including, but not limited to, structures and roads. (c) Areas of land disturbance. (d) Areas of land that will not be disturbed. (e) Areas of pre-existing and proposed vegetative cover. (f) Locations of on-site and adjacent off-site surface water(s). (g) Wetlands and drainage patterns that could be affected by the land development activity. (h) Areas of existing and proposed final slopes. (i) Locations of off-site material, waste, borrow or equipment storage areas. f i \(j) Location(s) of the Stormwater Management Practices and stormwater discharge(s). 01/25/08 17 01/25/08 / > (5) Description of the existing soil(s) present at the site, vegetative ^ surface cover, and site impervious cover present. (6) A land development plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the Erosion Control Manual, not more than 3 acres shall be disturbed at any one time, unless such disturbance is pursuant to an approved SWPPP. (7) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff. (8) Description of the type, quantities, and size of, and disposal methods for, construction and waste materials expected to be stored on-site, and a description of controls to reduce pollutants released from these materials, including storage practices to minimize exposure of the materials to stormwater. ^ ^ (9) Temporary and permanent structural and vegetative measures to be ^ ^ used for soil stabilization, runoff control and sediment and erosion ' ^ control for each stage of the project from initial land clearing and grubbing to project close-out, to include a landscaping and vegetation plan describing existing woody and herbaceous vegetation to be preserved and proposed landscaping to be installed. (10) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice shown on drawings with a minimum scale of 1:50. (11) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment and stormwater runoff catch basins, with details shown on drawings with a minimum scale of 1:50. (12) A list of each erosion control facility, if any, that will be converted from temporary to permanent control measures. (13) For each phase of development, submission of a separate and distinct plan for stormwater erosion and sedimentation control, > including the sequencing plan. ^ ^ 18 • \ (14) Implementation schedule for the staging and sequencing of temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place. (15) Maintenance and operating procedures and schedules to ensure continuous and effective operation of the erosion and sediment control practices. (16) The name or location and description of any surface waters that will receive stormwater runoff and/or sedimentation from the proposed project site. (17) Description of structural practices designed to divert flows away from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. (18) Any existing site data that describes the stormwater runoff at the site. / \ D. Contents of a Full SWPPP. All Full SWPPPs shall provide the following: (1) All information required in the Basic SWPPP described in § 228- lOC above. (2) A summary section including a narrative describing each control structure, its purpose, and how the selected controls will be appropriate and effective for the given conditions and proposed project. (3) A drainage area map showing the pre- and post-construction watershed boxmdaries, drainage area and stormwater flow paths, including municipal drainage system flows. (4) Comparison of post-development stormwater runoff conditions with pre-development conditions. Such calculations shall include: (a) Evaluation of the design storm frequency, intensity and duration for the 2,10,25, and 100-year storm event. (b) Time of concentration. r \(c) Soil Runoff Curve Number (RCN) based on land use and soil hydrologic group. 01/25/08 19 ( \ I \ (d) Peak runoff rates and total runoff volumes for each watershed area, including upstream, offsite contributing areas. (e) Infiltration rates, where applicable. (f) Culvert capacities, (g) Flow velocities. (h) Data on the increase in rate and volume of runoff for the specified design storms. (i) Documentation of sources for all computation methods and field test results. (5) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storm. (6) Calculations for sizing Stormwater Management Facilities and Practices using the following four "Unified Stormwater Sizing Criteria" as described in the Design Manual: (a) Water Quality Volume. (b) Stream Channel Protection Volume Requirements. (c) Overbank Flood Control Criteria. (d) Extreme Flood Control Criteria. (7) Description of each permanent post-construction Stormwater Management Practice. (8) Site map/construction drawing(s) showing the specific location(s) and size(s) of each permanent post-construction Stormwater Management Practice. (9) Dimensions, material specifications and installation details for each permanent post-construction Stormwater Management Practice, including site/construction drawing(s) specifying the location(s), size(s) and length(s) of each Stormwater Management ^ Practice. ^ ^ f \ I \ 01/25/08 20 (10) Site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice. (11) Description of the non-structural measures (minimum of 2) ifrom the New York State Department of Environmental Conservation's "Better Site Design" manual that will be used on the site to reduce impacts on the watershed, or an explanation of why such measures are not feasible on the site. (12) Description and calculations for the use and implementation of any Stormwater Credits sought to be incorporated into the SWPPP pursuant to § 228-9A(2). (13) Maintenance and operating procedures and schedules to ensure continuous and effective operation of each permanent post- construction Stormwater Management Practice. (14) Post-development downstream analysis, if deemed necessary by the Stormwater Management Officer. Plan Certification. (1) A Full SWPPP must be prepared by a Qualified Licensed Professional and must be signed by the professional preparing the plan, who shall certify that the design of all Stormwater Management Practices meets the requirements in this chapter and New York State law. (2) A Basic SWPPP does not require professional certification. However, the SWPPP must follow the standards and specifications in the Erosion Control Manual as described in § 228-9. (3) A Simple Erosion and Sedimentation Control Plan does not require professional certification. However, the plan must follow the standards and specifications in the Erosion Control Manual as described in § 228-9. Certification. (1) Each contractor and subcontractor who will be involved in soil disturbance and/or Stormwater Management Practice installation shall sign a certification statement provided by the Town before undertaking any land development activity. If no contractor is involved in soil disturbance and/or Stormwater Management Practice installation, then said statement shall be signed by the owner and any developers before any land development activities 01/25/08 21 f \ are undertaken. Said certification statement shall certify under / \ penalty of law that the signatory understands and agrees to comply with the terms and conditions of the relevant Stormwater Pollution Prevention Plan or Erosion and Sedimentation Control Plan, and that the signatory understands it is unlawful for any person to cause or contribute to a violation of water quality standards established by New York State or any other governmental authority. (2) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made. (3) The certification statement(s) shall become part of the SWPPP or Simple Erosion and Sedimentation Control Plan for the land development activity. A copy of the Basic and Full SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities until the date of final stabilization. f \ \ 01/25/08 § 228-11. Maintenance, Inspection, and Repair of Stormwater Management Practices. A. Maintenance and Inspection During Construction. (1) The developer and landowner of the land development activity shall at all times properly operate and maintain all stormwater management practices and systems of treatment and control (and related appurtenances) to achieve compliance with the requirements of this chapter. Sediment shall be removed firom sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent. (2) For land development activities meeting any of the thresholds described in § 228-6D (Full SWPPP required): (a) The developer and landowner shall have a Qualified Inspector or someone working under the direct supervision of the Qualified Inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be signed by the Qualified Inspector and submitted within one week of the inspection 22 I > I ^ ' N date to the Stormwater Management Officer and also copied to the site log book, which shall be maintained on- site during construction from the date of initiation of construction activities until the date of final stabilization. (b) A Qualified Inspector shall submit to the Town an initial inspection report, prior to the commencement of any land development activities. This report shall document whether the initial sediment and erosion control practices have been installed correctly and are fimctional. The report shall include the name and contact information of, and be signed by, the Qualified Inspector. (3) For land development activities meeting any of the thresholds described in § 228-6E (Basic SWPPP required): (a) The developer and landowner or their representative shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. , ^ Inspection reports shall be submitted within one week of > the inspection date to the Stormwater Management Officer and also copied to the site log book, which shall be maintained on-site during construction firom the date of initiation of construction activities until the date of final stabilization. (b) A Qualified Inspector, developer, landowner or their representative shall submit to the Town an initial inspection report, prior to the commencement of any land development activities. This report shall document whether the initial sediment and erosion control practices have been installed correctly and are functional. This report shall include the name and contact information of, and be signed by, the Qualified Inspector, developer, landowner, or their representative. B. Maintenance after Construction. The landowner and the owner and the operator of permanent Stormwater Management Practices installed in accordance with this chapter shall operate and maintain such Practices in compliance with the requirements in the Full SWPPP and to achieve the goals of this chapter. Proper operation and maintenance of the permanent Stormwater Management Practices includes, but is not limited to the following: f \ s 01/25/08 23 ( \ (1) A preventive/corrective maintenance program for all Stormwater , > Management Practices which are installed or used by the developer, landowner, or owner or operator of the Stormwater Management Practices in order to achieve the requirements of this chapter. (2) Written procedures for operation and maintenance of any Stormwater Management Practices, together with written procedures for the training of new maintenance personnel. (3) Operation of the Stormwater Management Practices in a manner so that discharges from the stormwater facility do not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 228-9C. C. Right-of-Way and Easement for Town Inspections and Maintenance. Where at least one Stormwater Management Practice is required as part of a project's approval, prior to the issuance of any building permit the landowner must execute a right-of-way and easement that shall be binding on all subsequent landowners. The right-of-way and easement shall provide for Town access to the Stormwater Management Practices for inspections, and possible maintenance, by the Town to ensure that the Stormwater Management Practices are maintained in proper working condition to meet design standards and any other provisions established by this chapter. After review and approval by the attorney for the Town, the right-of-way and easement shall be recorded by the grantor in the office of the Tompkins County Clerk, and noted on the subdivision plat (if applicable). D. Stormwater Management Practices Operation and Maintenance Agreements. Where at least one Stormwater Management Practice is required as part of a project's approval, prior to the issuance of any building permit, or, in the discretion of the Planning Board, any certificate of occupancy, the landowner must receive the Town Board's approval of a formal operation and maintenance agreement for Stormwater Management Practices that is (1) binding on all subsequent landowners, and (2) recorded in the office of the Tompkins County Clerk as a deed restriction on the property. In lieu of an operation and maintenance agreement, the Town may in its sole discretion accept dedication of any existing or future Stormwater Management Practice, provided such Practice meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. \ \ t \ I \ I \ 01/25/08 24 / §228-12. Law Governing Conflicts. Where any provision of federal, state, coimty, or Town statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive provision shall govem except where preempted by state or federal law. Nothing in this chapter shall be construed to affect the applicability of extraction and fill requirements in Town Code § 270-217. § 228-13. Administration and Enforcement. A. Construction Inspection. (1) Erosion and Sediment Control Inspection (for full SWPPPs, Basic SWPPPs, and Simple Erosion and Sedimentation Control Plans). The Stormwater Management Officer may require such inspections as necessary to determine compHance with this chapter and may either approve that portion of tiie work completed or notify the landowner and developer wherein the work fails to comply with the requirements of this chapter, the approved SWPPP, or the approved erosion and sedimentation control plan. The developer and landowner or their representative shall notify the Stormwater , Management Officer or his or her designee at least 48 hours before any of the following activities, which require inspections: (a) After sediment and erosion control measures have been installed and before commencement of any land development activities. (b) Close of the construction season. (c) Successful establishment of landscaping. Additionally, the Town may also conduct random inspections during all phases of construction. If any violations are found, the landowner and developer shall be notified of the nature of the violation and the required corrective actions. The Stormwater Management Officer may direct that no further work be conducted, except for site stabilization, until all violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. (2) Inspection of Stormwater Management Practices During Project Construction (for Full SWPPP). The Town of Ithaca Stormwater , Management Officer or his or her designee is responsible for ^ conducting inspections of Stormwater Management Practices required by a Full SWPPP. If any violations are found, the 01/25/08 25 f \ 01/25/08 landowner and developer shall be notified of the nature of the ^ violation and the required corrective actions. The Stormwater Management Officer may direct that no fiirther work be conducted, except for site stabilization, until all violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Inspection of Stormwater Management Practices After Project Completion. (1) All landowners are required to submit "as built" plans for any Stormwater Management Practices located on-site after final construction is completed. The plan must show the final design specifications for all Stormwater Management Practices and must be certified by a professional engineer. (2) Inspections of Stormwater Management Practices required by a Full SWPPP shall occur on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notices of possible violations; inspection of drainage basins or areas identified as having higher levels of sediment or other contaminants or pollutants than would be typical for such basins or areas; inspections of businesses or industries of a type associated with hi^er than usual discharges of ^ contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other Stormwater Management Practices. Inspections may be performed by the Stormwater Management Officer or a designee(s). (3) If any violations are found, the Town may issue a notice of violation pursuant to § 228-15 or take other actions as authorized by this chapter. C. Submission of Reports. The Town oflthaca Stormwater Management Officer may require additional monitoring and reporting firom entities subject to this chapter as are necessary to determine compliance with this chapter. / t 26 , , D. TownRightofEntry for Inspection. When any new stormwater management practice is installed or used on private property or when any new connection is made between private property and the public stormwater system, the Town may require the landowner to grant to the Town of Ithaca the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspections. § 228-14. Performance Guarantee. A. Construction Completion Guarantee. In order to ensure the full and faithful completion of all land development activities in compliance with all SWPPP requirements, the Town may require the applicant, developer or landowner to provide, prior to the commencement of development, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Ithaca as the beneficiary. The security shall be in an amount to be determined by the Town Board or Planning Board based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force imtil the surety is released from liability by the Town of Ithaca, provided that such period shall not be less than one year from ^ the date of final acceptance or such other certification that the Stormwater Management Practices have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the Stormwater Management Practices have been found to be acceptable to the Town of Ithaca. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee. Where Stormwater Management Practices and/or erosion and sediment control practices (collectively referred to in this Subsection B as "practices") are to be operated and maintained by any person or entity other than die Town, the applicant, developer, landowner, or owner or operator of the practices may be required to provide the Town of Ithaca, prior to the commencement of development, with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of the practices both during and after construction, and until the practices are removed from operation. If the applicant, developer, landowner, or owner or operator of the practices fails to properly operate and maintain them, the Town of Ithaca may draw upon the account to cover the costs of proper operation and maintenance, including engineering, legal and inspection costs. ^ C. Record Keeping. The Town of Ithaca may require entities subject to this ^ chapter to maintain and provide to the Town, as specified by the Town, records demonstrating compliance with this chapter. 01/25/08 27 01/25/08 f \ I \ § 228-15. Enforcement and Penalties. A. Notice of Violation. (1) When the Town of Ithaca determines that the requirements of this chapter are not being met, it may issue a written notice of violation to the landowner and, in the discretion of the Town, to any applicant, developer, or owner or operator of Stoimwater Management Practices. The notice of violation shall contain: (a) The name and address of the landowner and of any applicant, developer, or owner or operator of the Stormwater Management Practices receiving the notice of violation. (b) The address, when available, or a description of the building, structure or land upon which the violation is occurring. (c) A statement specifying the nature of the violation. / \ (d) A description of the remedial measures necessary to bring , ^ the violation into compliance with this chapter and a time schedule for the completion of such remedial action. (e) A statement of the fines and penalties applicable to such violations. (2) If the remedial measures are not completed to the satisfaction of the Town's Stormwater Management Officer within the period set forth in the Town's notice of violation, the Town may enter the property to undertake the remedial measures or cause them to be made. The Town's entry onto such private property shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may enter such property to remove an imminent danger to life, property or safety of the public caused by the inadequate operation or repair of the Stormwater Management Practices. (3) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the remedial measures. If the landowner shall fail to pay such costs and expenses within 10 days after the demand for same, or within 30 ^ days ofthe final decision on any administrative or judicial contest ^ ^ the landowner may pursue, then such unpaid costs, expenses and 28 interest at the per annum rate of 9% incurred Jfrom the date of the remedial measures shall constitute a lien upon the land on which the Stormwater Management Practices are located. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. ^ ^ (4) The Town's rights to undertake remedial measures and recover the costs firom the landowner are in addition to all other rights and remedies allowed by this chapter or by law or in equity. B. Stop-Work Orders. (1) Authority to issue. The Stormwater Management Officer or Code Enforcement Officer is authorized to issue stop-work orders under this chapter for violations of this chapter. (2) Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the issuing officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume. (3) Service of stop-work orders. The issuing officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The issuing officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served personally or by certified mail on any applicant, developer, tenant, contractor, subcontractor, construction superintendent, owner or operator of Stormwater ^ Management Practices, or their agents, or any other person or ^ entity taking part or assisting in work affected by the stop-work order; provided, however, that failure to serve any person or entity 01/25/08 29 mentioned in this sentence shall not affect the efficacy of the stop- work order. (4) Effect and duration of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, applicant, and any other person or entity receiving said order or performing, taking part in or assisting in the work, shall immediately halt all on-site work and activities, except for those activities that address the violations leading to the stop-work order, and except for such work as may be necessary to mitigate or control stormwater and erosion. The stop-work order shall be and shall remain in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. (5) Violations of stop-work orders. In addition to any other right or remedy allowed by this chapter or by law or in equity, failure to comply with a stop-work order in a timely manner is a violation of this chapter and may result in civil penalties, criminal fines, imprisonment and/or injunctive relief in accordance with the provisions of this chapter. (6) Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address violations of this chapter, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under other sections of this chapter, under any other applicable local law or State law, or in equity. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. C. Violations. Any land development activity that is commenced or is conducted contrary to this chapter, and all other violations of this chapter, may be abated in any manner provided by law. D. Fines, Penalties and Injunctive Relief. (1) Fines and imprisonment. (a) A violation of this chapter's requirements to obtain or comply with the terms of a Full SWPPP is hereby declared to be an offense, with conviction punishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment not to exceed fifteen days, or both. I \ I \ < \ r\ / N ( \ 01/25/08 30 / s (b) A violation of this chapter's requirements to obtain or comply with the terms of a Basic SWPPP is hereby declared to be an offense, with conviction punishable by a fine of up to five hundred dollars ($500.00) or imprisonment not to exceed fifteen days, or both. (c) A violation of this chapter's requirements to obtain or comply with a Simple Erosion and Sedimentation Control Plan is hereby declared to be an offense, with conviction punishable by a fine of up to two hundred fifty dollars ($250.00) or imprisonment not to exceed fifteen days, or both. (d) Any other violation of this chapter's requirements is hereby declared to be an offense, with conviction pxmishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment not to exceed fifteen days, or both. (e) Bach day a violation exists shall constitute a separate violation. ^ ^ (f) Any police officer or peace officer or any person who may ^ be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with such violations. (2) Civil penalties and injunctions. (a) Persons and other entities that violate this chapter's requirements to obtain or comply with the terms of a Full SA^PP shall be liable for a civil penalty of up to one thousand dollars ($1,000.00) for each such violation. (b) Persons and other entities that violate this chapter's requirements to obtain or comply with the terms of a Basic S\^PP shall be liable for a civil penalty of up to five hundred dollars ($500.00) for each such violation. (c) Persons and other entities that violate this chapter's requirements to obtain or comply with the terms of a Simple Erosion and Sedimentation Control Plan shall be liable for a civil penalty of up to two hundred fifty dollars ($250.00) for each such violation. (d) Persons and other entities that violate any other requirements of this chapter shall be liable for a civil 01/25/08 31 f \ penalty of up to one thousand dollars ($1,000.00) for each ^ such violation. (e) Each day a violation exists shall constitute a separate violation. (f) The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. B. Withholding of Issuance of Building Permit, Certificate of Occupancy, or Inspections. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer or Code Enforcement Officer may withhold any building permit or certificate of occupancy, and/or prevent the occupancy of said building or land. F. Restoration of lands. Any violator may be required to restore land to its , ^ undisturbed condition. In the event that restoration is not undertaken ^ , within the time schedule set forth in a notice of violation, the Town may take necessary corrective action and recover the costs of same pursuant to § 228-15A. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court of competent jurisdiction, to recover the costs of such restoration." Section 2. Severability. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. ; N ! ^ 01/25/08 32 ATTACHMENT #7 02/11/2008 TOWN BOARD MEETING ^ 9 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING," TO ADD STORMWATER PLAN SUBMISSION REQUIREMENTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures), Section 270-186, titled "Site plan requirements," Subsection B titled "Preliminary site plan requirements," is revised by adding paragraph 30 to the end of Subsection B reading as follows: "(30) Where required by Town Code Chapter 228, a Stormwater Pollution Prevention Plan or Erosion and Sedimentation Control Plan meeting the requirements of Chapter 228." Section 2. Chapter 270 (Zoning), Article XXVI (Special Regulations), Section 270-217, titled "Extraction or deposit of fill and related products," Subsection D, is amended by adding the words "as required by Chapter 228, Stormwater Management and Erosion and Sediment Control" after the words "erosion control during and after construction" so Subsection D reads as follows: "In applying for such approval, the applicant shall submit to the Town Engineer a plan of the proposed project, showing property lines, and adjacent public ways, grades and depths of proposed deposit or removal, soil types or fill types to be deposited or removed, watercourses, erosion control during and after construction as required by Chapter 228, Stormwater Management and Erosion and Sediment Control, projected duration of project, proposed regrading and replanting of the property upon completion of the operation, and such other items as the Board of Appeals or Town Engineer may require to adequately review the proposed project." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 01/2408 I \ ATTACHMENT #8 02/11/2008 TOWN BOARD^ TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2008 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 enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 234 of the Town Ithaca Code (Subdivision of Land), Article II (General Procedures for Subdivision Review), is hereby amended as follows: A. Section 234-15.B, titled "Preliminary subdivision review," is revised by adding the words "a Stormwater Pollution Prevention Plan meeting the requirements of Town Code Chapter 228," after the words "Town of Ithaca Environmental Assessment Form, Part I," so that Subsection B reads as follows: "The subdivider shall submit to the Town Planner or the Town Planner's designee a development review application, a preliminary plat in the form required by Article VI, § 234-36, the Town of Ithaca Environmental Assessment Form, Part I, a Stormwater Pollution Prevention Plan meeting the requirements of Town Code Chapter 228, and 20 reduced copies of the improvement plans and other information required by these regulations. All required information must be received by the Planning Department at least 20 business days prior to the Planning Board meeting at which the subdivision will be considered." B. Section 234-16.A, titled "Final subdivision review," is revised by adding the following sentence to the end of Subsection A: "The subdivider must also file a modified Stormwater Pollution Prevention Plan meeting the requirements of Town Code Chapter 228, if modifications are necessary to comply with any conditions imposed as part of the preliminary plat approval." Section 2. In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. # 9 \ / 01/24/08 ATTACHMENT #9 02/11/2008 TOWN BOARD MEETING r\ I ; t * ^ AGENDA # 15 PLANNING DEPARTMENT MEMORANDUM TO: Town Board Members FROM: Susan Ritter, Assistant Director of Planning 5^- DATE: February 6, 2008 RE: Extension of NE Moratorium - Cost Saving Option The Town Board will be considering the extension of the NE development moratorium at the February 1 Board meeting. Extension of the moratorium is intended to allow the consultant, LeCain Environmental Services, Inc. (LES), additional time, during the active growing season, to conduct field surveys. The moratorium is currently set to expire on or around June 17, 2008. In considering the extension of the moratorium, the Board will need to consider amending the consultant's scope of work to account for the additional field work, as well as the additional cost (preliminary of estimate of an additional $5,000 - $8,000). This would also be an opportunity to revisit the original scope of work and consider potential cost saving measures. Specifically, one task that has not yet been completed is the mid-winter Interim Report. Board members may want to re-consider the necessity of this task, and determine if this is the best use of consultant's time and resources. As described in the LES Scope of Work, the mid-winter interim report would include a comprehensive review and interpretation of all existing written information relevant to the site. Since no additional survey work has been performed since the November 2007 Interim Report, the mid-winter report would be solely devoted to a report summarizing the consultant's review of the existing written materials. As described in the Scope of Work, the documents to be reviewed include a whole host of materials, including: Planning Board materials submitted in conjunction with the Briarwood II Subdivision proposal, information pertaining to the Sapsucker Woods Unique Natural Area; letter and materials from William Sonnenstuhl including information provided by Nancy Ostman, F. Robert Wesley, and Mark Whitmore regarding information about UNA, the Drainage Study Evaluation - NE Ithaca (Milone & MacBroom); Building Greenways for Tompkins County (July 1995); the Tompkins County Comprehensive Plan (Dec. 2004); as well as pertinent information from New York State Department of Environmental Conservation (NYSDEC), the U.S. Fish and Wildlife Service (USF&WS), the New York Natural Heritage Program (NYNHP), the Tompkins County Environmental Management Council (TCEMC), and the Cornell University vertebrate collection and database, Cornell University faculty, and professional papers, periodicals, and publications In speaking with Ron LeCain of LES, he has suggested that instead of devoting resources to preparing a report and presentation to the Board concerning all the existing written material described above, LES could instead fold the most pertinent facts and information into the final report and recommendations. At the time the Scope of Work was prepared, it was thought that a mid-winter interim report might prove useful, especially as the Town would be pressed to make decisions concerning the NE area in a shorter time frame. Given the possible extended time frame for making any decisions, it would seem to make sense to wait for the additional field survey work to be provided, and couple this with relevant facts from the existing written documentation, thus making better use of the consultant's time and resources. The Town Board may find it useful to obtain a verbal update from LES as they are wrapping up their supplemental field work this summer, and the Board may want to consider adding this to the Scope of Work. Meanwhile, both the Conservation Board and the Planning Committee have recommended extending the moratorium to allow for the assessment of ecological communities and survey for rare and scarce plants in the mid and late stages of the growing season, as well as a to conduct a breeding bird survey, as recommended by LBS. ' ( / ^ I k ATTACHMENT #10 02/11/2008 TOWN BOARD MEETING TOWN OF ITHACA 215 N. Tioga Street, ITHACA, N.Y. 14850 J)A#i TOWN CLERK 273-1721 HIGHWAY (Roads, Parks. Trails, Water&Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: From: Date: RE: PLANNING DEPARTMENT MEMORANDUM Town Board Members Christine Balestra, Planner February 5, 2008 Proposed Revisions to the Lakefront Residential Zone Regulation (dock law) Enclosed please find materials related to proposed modifications to the Lakefront Residential Zone (LRZ) section of the Town's Zoning Code. Included is a copy of the existing LRZ regulations, showing proposed deletions in the document margins and proposed additions underlined in red. Also enclosed are two draft local laws, one relating to the overall LRZ modifications and one relating to amending the Lakefront Commercial Zone regulation to include a paragraph pertaining to the number of piers, docks, wharves, etc. permitted in the Lakefront Commercial Zone. The Town Board is being asked to review the proposed modifications to the Lakefront Residential Zone regulation and consider sending the modified law to the Planning Board for their recommendation. History and LRZ Purpose: The Lakefront Residential Zone (LRZ) was created as a result of the 2004 Town of Ithaca Zoning Code update. The LRZ includes all lakefront parcels located on the east and west sides of the lake within the Town of Ithaca, with the exception of one small area on the east side zoned Lakefront Commercial (comprising of the Cornell Lake Source Cooling Plant, the Lowery building, the Cayuga Heights Sewage Treatment Plant, and the Merrill Family Sailing Center property on East Shore Drive). The LRZ's purpose is to "minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all citizens of the community to enjoy, and to enhance the experience provided to those living near and those who use the resource provided by Cayuga Lake." The LRZ zoning classification differs from other residential zoning classifications in the Town of Ithaca as it is specific to the lakeshore parcels and, along with the typical lot size and building setback requirements found elsewhere in the Code, includes restrictions on docks, piers, wharves, sea walls, moorings, and other waterfront structures. COC process: In 2006, the Planning Board requested that the Town Board consider possible modifications to the LRZ regulation based on their experience with several dock reviews. Town planning staff had reviewed the regulation in conjunction with a site plan approval at the time for a proposed dock and found some inconsistencies and ambiguities in the regulation. One big discovery was that there are no current definitions listed in the Zoning Code pertaining to docks, moorings, boathouses, boatlifts/boat hoists, and other terms mentioned in the LRZ section of the Code. Also, staff noticed that most of the existing docks observed in conjunction with the site plan review process were longer and larger than the LRZ regulation allowed, but there was no background research justifying the 30-foot length/300 square foot maximum area restrictions for docks. Additionally, Section 270-45 (A)(l)[b] (10) of the regulation was a particular a source of confusion for staff and applicants, as the required calculations did not appear to make sense or ' > work in true application. ' * Another big concern that arose during the Planning Board site plan review process included the appropriate area of a property from which to start measuring dock length and the discrepancy between the Town Code and the Army Corps of Engineers and New York DEC standard measuring points. The Army Corps of Engineers and the NYS DEC measure dock lengths beginning from the "mean high water line" of a property, and the Town's Zoning Code measures lengths from the "low water line," which is not a standard measurement and is also not possible in the southern end of the lake during low water time when there is sediment for 30+ feet at the end of some of the docks. Finally, the Planning Board and Codes and Ordinances Committee (COC) had questions about allowing boathouses and cabanas on the lakeshore, about whether boatlifts should be included in the overall surface area calculations along with docks, and whether the size and heights of boatlifts should be limited. At the request of the COC, planning staff conducted a physical inventory of existing docks and structures located along Cayuga Lake within the Town of Ithaca. The inventory included measurements of all existing waterfront structures, including dock lengths and widths, depths of water at certain dock lengths, boatlift and boathouse dimensions, etc. Staff also provided the COC with information on dock regulations in municipalities surrounding every mid-sized lake in New York State (excluding small Adirondack lakes and lakes Erie and Ontario), researched Army Corps ^ ^ of Engineer dock permitting requirements, and presented information on styles, types and sizes > ^ of boats and boatlifts. The COC lastly requested that staff solicit comments on the Town's existing and proposed LRZ regulation from lakeshore and dock "experts," such as the Army Corps of Engineers, the NYS Department of Environmental Conservation, the NYS Office of General Services, the NYS Canal Corporation, the Tompkins County Water Resources Council, local dock builders, local marinas, local captains, and the West Shore Homeowners Association (a neighborhood group of lakeshore residents in the Towns of Ithaca and Ulysses). Those comments are not included in this packet, but are available in the Planning Department files in Town Hall. The proposed local law is provided with redlined changes highlighted. Proposed Changes: Based on the Codes and Ordinances Committee discussions of the above information, the COC recommends the following modifications to the Lakefront Residential Zone (please refer to the enclosed draft LRZ regulation for the complete proposed modifications): 1. Dock Length - 40ft max., measured from OHW (Ordinary High Water line), consistent with Army Corps of Engineers and NYS standard measurements from high water line. 2. Dock Width - 3ft min, 8ft max (same as existing) and 3ft as of right if centered on a parcel, regardless of lot width. ; 1 3. Dock Square Footage - max. 300s.f., including extensions, but excluding ^ boatlifts/hoists. 4. Boathouses and cabanas - not permitted ^ ^ 5. Boatlifts and boat hoists - 308 square foot maximum area, but no roofs, covers, or sides ¥ ^ and an 8-foot maximum height, measured from the OHW. Boat lifts and hoists must also meet the required 20-foot side setback from adjacent properties. 6. Definitions added to include the Lakefront Residential Zone terms. 7. Docks, shoreline structures permitted by right - no Planning Board site plan or special permit approval required. 8. Expanded submission requirements for a building permit for docks, per Army Corps permitting requirements. 9. Section 270-45 (A)(l)[b] (10) modified per NYS Office of General Services recommendations and Canandaigua Lake Dock Law example. Resident Concerns: As noted above, the Codes and Ordinances Committee solicited comments on the proposed regulation from members of the West Shore Homeowners Association and other residents living on the lake in the Town of Ithaca. Several lakeshore residents have commented on the proposed LRZ modifications and continue to express to staff their concerns with the regulation. The two biggest remaining concerns appear to be the 40-foot maximum dock length allowed and the prohibition of roofs on boatlifts. Many residents have indicated that they need a certain water depth in order to hoist their boats or tie them to their docks, and that that depth may not be reached at 40 feet, especially given the seasonal and sometimes daily water level fluctuations of Cayuga Lake. Residents also state that modest boatlift roofs are necessary to protect their boats from the elements and that they are no more a visual impact than the hoisted boat itself. Staff anticipates that these concerns will be pursued by residents as the proposed amendments go through the public comment process. Please feel free to contact me at 273-1747 or email me at cbalestra@town.ithaca.nv.us if you have any questions. f ' r\ » » t i Page 1 of 1 '■Ta'^l ii Lb LVO^rvvpUs 'Jv Simpk K>l JANUARY 18,2008 DRAFT \ f s rs ( \ ARTICLE Vn Lakefront Residential Zones § 270-40. Purpose. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake. § 270-41. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. JANUARY 18,2008 DRAFT § 270-42. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Public library, public museum, and public schools. C. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. f. Bed-and-breakfast. § 270-43. Permitted accessory structures and uses. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270- 227 and further subject to the requirement that no vehicle parking shall occur within 100 feet of the Ordinary Hiuh Water line of any shoreline. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to two accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size.^ D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. P. Adult day-care facilities serving no more than four clients at any one time. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more r\ 0 s Deleted: D. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within ISO feet of the lot line of any adjoining ow ncr or w ithin 200 feet of any lakeshore.1 Deleted: E f 1 [^Deleted: .storage Formatted: Font: Bold JANUARY 18, 2008 DRAFT r\ ' > f 1 H. than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2 Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3, > I f " J^iers. docks, wharves, ;5ea walls, boat ramns. boat iifis. boat hoists and similar * uncovered waterfront structures.,when such uses are clearly accessory or incidental to the primary, principal use on the propertv. Such structures are subject to all applicable state and federal regulations and approvals and are further subject to the following requirements; (JJ All such structures shall he desiuned in accordance with good ensiineering practice and shall require a building permit. The applicant for a building permit shall submit, at a minimum: (a) A short written narrative describing the proposed structure, eauipmcnt that will be used, and the construction schedule. (b) A general location map showing the waterway shoreline, the exact locution of the proposed nroiect. the nearest street or road and north arrow. (c) An accurately scaled plan view map showing the existing shoreline (water's edge), property lines and length of property between lines, north arrow. Ordinary High Water line, location and dimensions of existing structures, location and dimensions of proposed structures and nils, and length of waterward encroachment. (d) An accurately scaled profile showing the existing shoreline. Ordinary High Water line, height of proposed structures above the Ordinary High Water level, depth of water at waterward end of proposed structures when lake is at the Ordinary High Water level. and distance of waterward encroachment. A copy of the Army Corps of Engineers Permit for the proposed structures, if required. Deleted: ^ Deleted: § 270-4^. Accessoi^- buildings and uses authorized by special approval onlv. ^ 1 The I'oltiiwmg accessory buildings or uses are periiiiiied in a Lakcfront Residential Zone, but only upon receipt of a special approt al for same from the Board of Appeals in accordance uilh the procedures set forth in this chapter:^ 1 A. Elder cottages pursuant to. and subject to. the f*ovisions of § 270-216 of this chapier.l 1 B. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the lake shore, and further provided that there shall be no raising of fur- bearing animals, or kennels for more than three dogs over six months old.1 Deleted: § 270-45. Accessory structures and uses authorized by special permit only.H Deleted: A. The following accessory structures or uses are permitted in a Lakefroni Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapler:"! Deleted: boat houses, cabanas, Formatted: Indent: Left: 0" [ Deleted: (1) Deleted: Fishing piers. Deleted: and facilities Deleted: Deleted: a Deleted: All such structures shall additionally be subject of .site plan review in accordance with the provisions set forth elsewhere In thi.s chapter. f % JANUARY 18,2008 DRAFT (F) At the discretion of the Code Enforcement Officer, plans approved by a licensed engineer or archilect. (g) All other information required bv this chapter or other laws, rules or regulations for issuance of a building permit. f .1 t s Formatted: Indent; Left: 0.5" (2\ The construction of such structures ;;hall be undertaken in such a way so as not to impact water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels, or otherwise threaten the public health and safety. QX Such structures;5hall only be constructed of materials jhai are stable, chemically inert and insoluble and which will have no adverse effects on water quality. (4\ The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures ^hall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and United States Army Corps of Engineers regulating such activities. (5) Except as described in this subparagraph 5. such structures shall not have roofs, covers or sides. Such structures may have uncovered side supports m. that extend above the horizontal surface of the structure. Sling-stvlc and cradle boat lifts with open framework may have overhead supports or framing that covers no more than twenty-five ncrcent of the lift's footprint. The maximum surface area of all boat lifts and bout hoists on a waterfront lot shall not, in the aggregate, exceed 308 .square I'cet,^ (7\ To permit the free circulation of water, reduce the effects of fluctuating - water levels, and prevent adverse modifications of the shoreline, piers, docks and wharves^hall not bej:onstructed with rock-filled cribbing, sheet piling, closely spaced piling, or such other construction technique or materials^hat would significantly impair water circulation. Except as specified in subnaragrapii 1 1 below, ^he width of any pier, dock or wharf (excluding boat lifts and boat hoists) shall be a minimum of three feet and shall not exceed eight feet. Any extension, such as an "L". "T' or Deleted: (b) The following addilional requiremonls shall apply tii all such struciucvs anil facilities including those subject to site plan review and those that arc not subject to such review:*! Deleted: [ Deleted: and facilities [ Formatted; Indent: Left: 0.5" Deleted: [2| Piers, docks and wharves shall be designed in accordanee with good engineering practice. At the discretion of the Building and Zoning Enforcenjcnl Officer, plans approved by a licensed engineer or architect may be required before issuance of a building pcrniit.*! Deleted: l.^l Deleted: and facilities Deleted: which Formatted: Indent: Left: 0.5 Formatted: Indent: Left: 0.5 Deleted: [4] [ Deleted;and facilities Formatted: Font: Bdd Deleted: T Deleted: shall be of iloaiing construction wherever feasible and Deleted; of Deleted: 1 Deleted: [6] Formatted: Indent: Left: 0.5' Deleted: which Deleted: [5] f \ JANUARY 18,2008 DRAFT rs I ^ f \ "U" extension, shall not exceed eight feel in m least one dimension (length or width). (9\ The length of any pier, dock or wharf, including all extensions hut ^excluding boat lifts and boat hoists, shall extend offshore from the Ordinary High Water line,to a distance no greater than 4^feet (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Biivironmental Conservation or the United States Army Corps of Engineers)^ (IQl^ The maximum surface area of all piers, docks, and wharvespn a waterfront lot,shall not, in the aggregate, exceed 300 square feet, including all extensions but excludinsi anv boat lifts and boat hoists. (11 \Everv pier, dock.^wharf. boat ramp, boat lift or boat hoist that is consU"ucied • shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement. such structures shall be centered between the adjacent propertv lines, and the maximum width of anv nicr. dock or wharf on such parcel shall not exceed three feet, includina ail extensions. OIL JFor concave or convex properties, piers, docks. ai]d wharves shall be placed to have a minimum clearance or setback of 20 feet from the water rights lines of the parcel so as not to interfere with the lakeshore usage of adjacent parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the water rights lines, and the maximum width of anv pier, dock or wharf on such parcel shall not exceed three feet, including all extensions. Water rights lines are determined using the following method (see Figure I below): (a) Determine the four points where the mean high water line intersects the propertv lines of the parcel and the two adjoining lakeshore parcels (indicated by square points in Figure 1 below). (b) Connect the points of intersection with straight lines. These lines are called mean high water tie lines (dotted lines in Figure 1). (c) Where two mean high water tie lines meet, measure the angle on the waterside (i.e.. 152° between Parcels E and F). Formatted: Indent: Left: 0", Rrst line: 0" Deleted: 17] Formatted: Indent: Left: 0.5" Deleted: [peleted:ihtf mean low water line Deleted: 30 Deleted: for cacti lot used for single- family residential purpo.ses. l-ongcrdock Icngltis nwy be approved tiy the Planning Board In accordance with [lie provisions of this chapier, when nccessiiry lo reach adequate water depths for proposed boat docking, while complying with all other standards contained in this section- Formatted: Font: Bold Formatted: Indent: Left: 0.5" Deleted: (8| Deleted: permitted Deleted: that is vacant or u.sed for onc- or two-family residential purposes Formatted: Indent: Left: 0", Rrst line: 0" Deleted: |'J| The number of piers, docks or wharves permitted on nonre.sidcnllal properties shall not exceed three such structures per lot. Such docks shall not exceed a length, or be developed or configured on the site In a manner thai adversely affects existing environmental conditions or natural features, including views, or tieg.itivcly impacts navigation or riparian rights of adjacent litloraJ parcels. The construction of more than three such slnJClures per nonrcsidential lot shall be subject to a dcierminution by the Town Planning Board as part of the permit process, (hat such additional structure.s are needed to accommodate anticipated t>oat traffic and can be developed on the site without tidversely affecting existing environmental conditions or natural features, or negatively impticl navigation or riparian rights of adjacent littoral parcels. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Deleted: [ lOI Deleted: or Formatted: Left Deleted: In the ca.se of parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines lakeward at right angles from the shoreline. In the case of p.vccls bounding a concave or convex shoreline, doj _ _ f \ JANUARY 18,2008 DRAFT (d) Bisect (or divide bv two) that waterside angle measuremenl. The newly formed line proiectcd out over the waterside is the water rights line (i.e.. half of 152° is 76°). Formatted: Indent: Left: -0.5", Fiia. line: 0" [ Formatted: Font: Bold ureJLL Intersection of mean higher water line and shore line Property Line Shore Line Mean Higher Water Tie Line Line bisection angle formed by adjacent water be lines water nghts line -• / ; \ •- water nghts line L a k 6. Pared G Parce B Parce H Deleted: 11 1 IPiet!;, docks or wharves that extend 100 feel or more from the shore line must be lighted during the hours of darkness in such a manner so as to not constitute a hazard to navigation.'! Parcel C'arcelA Parcel 0 / p-reel Formatted: Indent: Left: 0.5 Deleted: [12] and/Lakesho\re Deleted: I Deleted: or Deleted: The use of low-mast lighti fixtures and deflector shields to direct lii\. light downward shall he required to reduce or eliminate slarc Formatted: Indent: Left: 0.5 (I3\lf lighiing i.s provided, jighting of the surface of any pier, dock.^wharf or similar uncovered waterl'roni structure shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land and shall comply with the rcciuiremcnts of the Outdoor Lighting Law. Chapter 173 of the Town of Ithaca Code. ^ (14)^ Commercial (for profit) renting, leasing or operation ofpiers, docks, wharves, boat launching ramps or similar uncovered waterfront structures ^hall be expressly prohibited in Lakefront Residential District^ jCr ^oorings. subject to the following restrictions: ^ (J^ ^Moorings shall only be placed in connection with littoral parcels. Such structures shall bej)laced only within an area parallel to and 30 feet Deleted: (13] Deleted: fishing Deleted: and faciliiies Deleted: . Deleted: 1 Deleted: (2) Deleted: Viooring buoys or facilities Formatted: Font: Bold Formatted: Indent: First line: 0" Formatted: Indent: Left: 0.5" Deleted: a Deleted: Mooring buoys Deleted: buoys f s JANUARY 18,2008 DRAFT inward of the parcel lines extended lakeward at right angles from the shoreline, and to a depth necessary for safe mooring of a boat. Moorings shall be placed so that objects moored to them, at full swing of ■* their mooring or anchor line, will be no closer than 10 feet to the projection of the adjacent property lines from the shoreline. The number of private moorings permitted per each waterfront lot shall •• not exceed the following: (a\ 100 feet or less of water frontage: A total of one such mooring. (b\ More than 100 feet up to 250 feet of water frontage: A total of two •• such moorings. (c\ More than 250 led up to 500 feet of water frontage: A total of three such moorings. (d\ One additional mooring is allowed for each 150 feet of water frontage in excess of 500 feet. Nothing in this section is intended to require or permit activities which contravene any laws, rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are any of the foregoing provisions intended to supercede any requirements for the obtaining of any permits or approvals required by the United States or New York State, or any agency thereof. Formatted: Indent: Left: 0.5" Deleted: b Deleted: c Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Deleted; [l| Deleted: [2| Formatted: Indent: Left: 1" Formatted: Indent: Left: 1" Deleted: [3| Formatted: Indent: Left: 1' Deleted: [4] Deleted: B § 270-44. Accessory buildings and uses authorized bv special approval only. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon reccini of a special approval for same from the Botird of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to. and subject to. the provisions of ^ 270-216 of this chapter. B. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the Ordinary High Water line of the shoreline, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. § 270-45> Height limitations.Deleted: 46 f ' f ^ JANUARY 18,2008 DRAFT In Lakefront Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, piers. d(K'ks. wharves, sea walls, boat ramps, boat lifts, boat hoists, moorings and similar uncovered waterfront structures shall not exceed 8 feet in height. Accessory buildings shall in no case exceed 20 feet in height. § 270-4|^ Yard regulations. In Lakefront Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet nor need it be greater than 60 feet. B. Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feel in depth from the Ordinary Hiah Water line. [ Deleted; 47 C. Side yards: Each not less than 20 feel in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Lakefront Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a parly wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a comer lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, either a private garage not over one story in height and housing not in excess of two cars or a small accessory building not exceeding 20 square feet in floor area and not exceeding 12 feet in height, may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. F. Minimum setback from shoreline: Notwithstanding the foregoing, any principal ' building, parking area, cabana, uazcbo. boaihousc or otiici accessory structure, r S Formatted! Indent: Left: 0", Hanging: 0.5" ( ■« f \ JANUARY 18,2008 DRAFT excluding such uncovered facilities as docks, piers, wharves, sea walls, boat ramps,^boat lil'is. boat hoists and moorings, shall be located at least 25 feet inland f \ from the Ordinary High Water line of the shoreline^ G. Where site plan approval is required elsewhere in this chanter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, si/c. desitin. and general site compatibility of proposed structures, including piers, docks, wharves, sea walls, boat lifts, boat hoists, boat ramps, and moorings. The Planning Board, during site plan review, may establish a minimum setback of greater than 25 feet from the Ordinary High Water line based on due consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area (if applicable), as well as scenic views and vistas. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in 270-191 of this chapter are met, including but not limited to proposed changes to or additions of piers, docks, wharves and similar structures where such changes or additions meet a § 270-191 threshold. § 270-4^ Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. Deleted: and boalhouses. Deleted: in order to mainEain adequate access to the shoreline. Formatted: Indent: Left: 0", First line: 0.5" Deleted: 48 § 270-4}^, Size and area of lot. Lots in Lakefront Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 15,000 square feet; and Minimum width at the street line shall be 60 feet; andB. Deleted: 49 C. D. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet; and Minimum width at the shoreline, as measured in a straight line that is 90° from a sideline at its point of intersection with the Ordinary High Water Jine of the lake to the other side line, shall be 100 feet; and -{Deleted: high \ E. Minimum depth from the highway right-of-way shall be 150 feet. § 270-42' Special properties.Deleted: 50 JANUARY 18,2008 DRAFT In the case of publicly owned properties located in Lakefront Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front and side yard requirements set forth above shall apply only along the exterior public street frontages and there shall be no rear yard requirements. The shoreline setback requirements shall remain. § 270-50, Parking. Parking requirements shall be as set forth in Article XXVn. [ Deleted: SI § 270-5L Special requirements. The following additional special requirements shall apply to Lakefront Residential Zones: A. Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such manner as to prevent to the maximum extent possible, erosion and sedimentation of surface waters. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the Ordiiiarv Hiiih Water line of the shoreline unless: (1) A permit for same is obtained pursuant to the fill permit provisions of this chapter or is issued by the Town of Ithaca Director of Engineering upon his determination that such grading or filling is necessary to protect the shoreline and to prevent erosion, or (2) Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by a Code Enforcement On'icer.^fter the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline. B. In addition to the requirements of this article, any construction, grading, or other activities shall be conducted only in accordance with any federal, state, or other local law or requirement pertaining to such activity, including any requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers. [ Deleted; 52 r-s Deleted: the Town of Iihaca Direct^ Building and Zoning 10 ' ^ Page 5: [1] Deleted Susan Brock 1/17/2008 2:52:00 PM ^ ^ In the case of parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines lakeward at right angles from the shoreline. In the case of parcels bounding a concave or convex shoreline, docks and piers shall be located in the area fixed by projection of the parcel lines lakeward along the line bisecting the angle formed by the shoreline at its intersection with the parcel lines. Where such projections do not allow access to the line of navigability - that line marking the minimum depth for navigation - the converging lines shall instead run to the line of navigability. The line of navigability shall be divided among such parcels in proportion to their respective shares of the shoreline and permit all shoreline parcels practicable access to navigable water. t \ r\ t! 1 f t A€ENDAi; lAf- TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING LAKEFRONT COMMERCIAL ZONING REQUIREMENTS FOR DOCKS, PIERS AND WHARVES IN CHAPTER 270 OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XVIII (Lakefront Commercial Zones) of the Town of Ithaca Code, Section 270-142, titled "Accessory uses authorized by special permit only," is amended by (i) changing the phrase "the following accessory use is permitted" to "the following accessory uses are permitted," and (ii) adding subsection B as follows: "B. Piers, docks, wharves, sea walls, boat ramps, boat lifts, boat hoists and similar uncovered waterfront structures, when such uses are clearly accessory or incidental to the primary, principal use on the property. The number of piers, docks or wharves shall not exceed three such structures per lot. Such docks shall not exceed a length, or be developed or configured on the site in a manner that adversely affects existing environmental conditions or natural features, including views, or negatively impacts navigation or riparian rights of adjacent littoral parcels. The construction of more than three such structures per lot shall be subject to a determination by the Town Planning Board as part of the permit process, that such additional structures are needed to accommodate anticipated boat traffic and can be developed on the site without adversely affecting existing environmental conditions or natural features, or negatively impact navigation or riparian rights of adjacent littoral parcels." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 02/05/08 r> ( ^ TOWN OF ITHACA I ^ LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5, titled "Definitions," is amended by adding the following definitions: BOAT ~ A vehicle designed for travel in or on water. BOAT LEFT/BOAT HOIST - Any mechanical device used to raise or lift a boat out of the water for waterside storage or storage above the water's surface. BOAT LAUNCH/RAMP ~ Facility to launch and retrieve boats. DOCK ~ A structure built over or floating upon the water and used as a landing place for boats, fishing, swimming, or other uses. MOORING — An uncovered floating or fixed structure on or under the water, such as a buoy or wooden pole, to which a boat or other objects on the water may be secured. ORDINARY HIGH WATER LEVEL - The Ordinary High Water level for Cayuga Lake is 384 feet above sea level. SEA WALL - A wall or embankment designed to halt the encroachment of a waterbody. Section 2. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5, titled "Definitions," is amended by deleting the definitions for "HEIGHT" and "MARINA" and replacing them with the following definitions: HEIGHT - As it relates to a land-based structure other than a building, the distance measured from the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure. As it relates to a structure built over or floating upon water, the vertical distance measured from the Ordinary High Water level to the highest portion of the . structure, r ^ 02/05/08 MARINA ~ A lakeshore business, whose purpose includes the sale of boats, / supplies and fuel, rental of boats, marine equipment, dock and mooring space, and ( \ winter storage; service of boats and marine equipment; and/or provision for boat access to the lake. Section 3. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-42, titled "Principal uses authorized by special permit only," is amended by deleting subsection D (regarding clubhouses and lodges) and renumbering subsection E as subsection D. Section 4. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43, titled "Permitted accessory structures and uses," subsection A is amended by adding the words "the Ordinary High Water Line of after the words "shall occur within 100 feet of so that subsection A reads as follows: "A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of § 270-227 and further subject to the requirement that no vehicle parking shall occur within 100 feet of the Ordinary High Water line of any shoreline." Section 5. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43, titled "Permitted accessory structures and i \ uses," subsection C is amended by deleting the word "storage" so that subsection C reads ^ \ as follows: "C. Up to two accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size." Section 6. Chapter 270 (Zoning), Article Vn (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43, titled "Permitted accessory structures and uses," is amended by adding subsections J through L as follows: "J. Piers, docks, wharves, sea walls, boat ramps, boat lifts, boat hoists and similar uncovered waterfront structures, when such uses are clearly accessory or incidental to the primary, principal use on the property. Such structures are subject to all applicable state and federal regulations and approvals and are further subject to the following requirements: (1) All such structures shall be designed in accordance with good engineering practice and shall require a building permit. The applicant for a building permit shall submit, at a minimum: (a) A short written narrative describing the proposed structure, equipment that will be used, and the construction schedule. , 02/05/08 (b) A general location map showing the waterway shoreline, ^ the exact location of the proposed project, the nearest street or road and north arrow. (c) An accurately scaled plan view map showing the existing shoreline (water's edge), property lines and length of property between lines, north arrow. Ordinary High Water line, location and dimensions of existing structures, location and dimensions of proposed structures and fills, and length of waterward encroachment. (d) An accurately scaled profile showing the existing shoreline. Ordinary High Water line, height of proposed structures above the Ordinary High Water level, depth of water at waterward end of proposed structures when lake is at the Ordinary High Water level, and distance of waterward encroachment. (e) A copy of the Army Corps of Engineers Permit for the proposed structures, if required. (f) At the discretion of the Code Enforcement Officer, plans approved by a licensed engineer or architect. / 1 (g) All other information required by this chapter or other laws, rules or regulations for issuance of a building permit. (2) The construction of such structures shall be undertaken in such a way so as not to impact water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels, or otherwise threaten the public health and safety. (3) Such structures shall only be constructed of materials that are stable, chemically inert and insoluble and which will have no adverse effects on water quality. (4) The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and United States ( ' Army Corps of Engineers regulating such activities. 02/05/08 (5) Except as described in this subparagraph 5, such structures shall ' \ not have roofs, covers or sides. Such structures may have uncovered side supports that extend above the horizontal surface of the structure. Sling-style and cradle boat lifts with open framework may have overhead supports or framing that covers no more than twenty-five percent of the lift's footprint. (6) The maximum surface area of all boat lifts and boat hoists on a waterfront lot shall not, in the aggregate, exceed 308 square feet. (7) To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, piers, docks and wharves shall not be constructed with rock-filled cribbing, sheet piling, closely spaced piling, or such other construction technique or materials that would significantly impair water circulation. (8) Except as specified in subparagraph 11 below, the width of any pier, dock or wharf (excluding boat lifts and boat hoists) shall be a minimum of three feet and shall not exceed eight feet. Any extension, such as an "L", "T" or "U" extension, shall not exceed eight feet in at least one dimension (length or width). ^ (9) The length of any pier, dock or wharf, including all extensions but excluding boat lifts and boat hoists, shall extend offshore from the Ordinary High Water line to a distance no greater than 40 feet (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Environmental Conservation or the United States Army Corps of Engineers). (10) The maximum surface area of all piers, docks, and wharves on a waterfront lot shall not, in the aggregate, exceed 300 square feet, including all extensions but excluding any boat lifts and boat hoists. (11) Every pier, dock, wharf, boat ramp, boat lift or boat hoist that is constructed shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the adjacent property lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed < > three feet, including all extensions. ' > 02/05/08 ^ . (12) For concave or convex properties, piers, docks, and wharves shall be placed to have a minimum clearance or setback of 20 feet from the water rights lines of the parcel so as not to interfere with the lakeshore usage of adjacent parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the water rights lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed three feet, including all extensions. Water rights lines are determined using the following method (see Figure 1 below): (a) Determine the four points where the mean high water line intersects the property lines of the parcel and the two adjoining lakeshore parcels (indicated by square points in Figure 1 below). (b) Connect the points of intersection with straight lines. These lines are called mean high water tie lines (dotted lines in Figure 1). /Mil. (c) Where two mean high water tie lines meet, measure the n angle on the waterside (i.e., 152° between Parcels E and F). (d) Bisect (or divide by two) that waterside angle measurement. The newly formed line projected out over the waterside is the water rights line (i.e., half of 152° is 76°). 02/05/08 ! \ Figure 1: Delineating Water Rights Lines Intersection of mean higher water line and shore line Property Line Shore Line Mean Higher Water Tie Line Line bisection angle formed by adjacent water tie lines water rights line / \ ♦-water rights line Parcel G Parcel B Parce H Parcel CParce A Parcel D Parce E Land//Lakesho (13) If lighting is provided, lighting of the surface of any pier, dock, wharf or similar uncovered waterfront structure shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land and shall comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. (14) Commercial (for profit) renting, leasing or operation of piers, docks, wharves, boat launching ramps or similar uncovered waterfront structures shall be expressly prohibited in Lakefront Residential Districts. K. Moorings, subject to the following restrictions: (1) Moorings shall only be placed in connection with littoral parcels. Such structures shall be placed only within an area parallel to and 30 feet inward of the parcel lines extended lakeward at right angles ' > 02/05/08 from the shoreline, and to a depth necessary for safe mooring of a ^ boat. (2) Moorings shall be placed so that objects moored to them, at full swing of their mooring or anchor line, will be no closer than 10 feet to the projection of the adjacent property lines from the shoreline. (3) The number of private moorings permitted per each waterfront lot shall not exceed the following: (a) ICQ feet or less of water frontage: A total of one such mooring. (b) More than ICQ feet up to 250 feet of water frontage: A total of two such moorings. (c) More than 250 feet up to 500 feet of water frontage: A total of three such moorings. (d) One additional mooring is allowed for each 150 feet of water frontage in excess of 500 feet. ' ^ L. Nothing in this section is intended to require or permit activities which contravene any laws, rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are any of the foregoing provisions intended to supercede any requirements for the obtaining of any permits or approvals required by the United States or New York State, or any agency thereof." Section 7. Chapter 270 (Zoning), Article Vn (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-45, titled "Accessory structures and uses authorized by special permit only" is deleted in its entirety. Section 8. Chapter 270 (Zoning), Article VU (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-46, titled "Height limitations," is amended as follows: A. This section is renumbered as Section 270-45. B. Add the following sentence after the second sentence: "Notwithstanding the foregoing, piers, docks, wharves, sea walls, boat ramps, boat lifts, boat hoists, moorings and similar uncovered waterfront structures shall not exceed 8 feet in height", so that this reads as follows ' "§270-45. Height limitations. 02/05/08 In Lakefront Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, piers, docks, wharves, sea walls, boat ramps, boat lifts, boat hoists, moorings and similar uncovered waterfront structures shall not exceed 8 feet in height. Accessory buildings shall in no case exceed 20 feet in height." Section 9» Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-47, titled "Yard regulations," is amended as follows: A. This section is renumbered as Section 270-46. B. In subsection A, the word "or" in the last sentence is amended to read "or", so that this subsection reads as follows: I \ "A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet nor need it be greater than 60 feet." In subsection B, add the words "from the Ordinary High Water line" to the end of the sentence in this subsection so that it reads as follows: < \ "B. Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feet in depth from the Ordinary High Water line." D. Delete subsections F and G and replace them with the following new subsections F and G: "F. Minimum setback from shoreline: Notwithstanding the foregoing, any principal building, parking area, cabana, gazebo, boathouse or other accessory structure, excluding such uncovered facilities as docks, piers, wharves, sea walls, boat ramps, boat lifts, boat hoists and moorings, shall be located at least 25 feet inland from the Ordinary High Water line of the shoreline. G. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed structures, including piers, docks, wharves, sea walls, boat lifts, boat hoists, boat ramps, and moorings. The Planning 02/05/08 4 > Board, during site plan review, may establish a minimum setback of ' ^ greater than 25 feet from the Ordinary High Water line based on due consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area (if applicable), as well as scenic views and vistas. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of piers, docks, wharves and similar structures where such changes or additions meet a § 270-191 threshold." Section 10. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-48, titled "Building area," is amended by renumbering this section to § 270-47. Section 11. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-49, titled "Size and area of lot," is amended as follows: A. This section is renumbered as Section 270-48. B. In subsection D, replace the words "high water" with "Ordinary High Water" so that this subsection reads as follows: / \ "D. Minimum width at the shoreline, as measured in a straight line that is 90° from a sideline at its point of intersection with the Ordinary High Water line of the lake to the other side line, shall be 100 feet; and" Section 12. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-50, titled "Special properties," is amended by renumbering this section to § 270-49. Section 13. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-51, titled "Parking," is amended by renumbering this section to § 270-50. Section 14. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-52, titled "Special requirements," is amended as follows: A. This section is renumbered section to § 270-51. B. In subsection A, add the words "Ordinary High Water line of the" after the words "within 100 feet of in the second sentence so that this sentence reads as follows up to the beginning of subparagraph (1): f \ 02/05/08 "On slopes greater than 25%, there shall be no grading or filling within 100 feet / of the Ordinary High Water line of the shoreline unless:" r ^ C. In subsection A,2, replace the words "the Town of Ithaca Director of Building and Zoning" with "a Code Enforcement Officer" so that subsection A.2 reads as follows: "(2) Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by a Code Enforcement Officer after the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline." D. In subsection B, add the word "Environmental" after the words "New York State Department of so that this subsection reads as follows: "B. In addition to the requirements of this article, any construction, grading, or other activities shall be conducted only in accordance with any federal, state, or other local law or requirement pertaining to such activity, including any requirements of the New York State Department of Environmental Conservation and the United States i Army Corps of Engineers." ' \ Section 15. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 16. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. / ^ 02/05/08 IQ / ATTACHMENT #11 02/11/2008 TOWN BOARD MEETING ^ TOWN OF ITHAOA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks@townjthaca.ny.us PHONE (607) 273-1656 Roads, Parks, Trails. Sewer, and Water FAX (607) 272-6076 TO: Town Board Members -/VFROM: Fred Noteboom, Highway Superintendent ' DATE: January 25^ 2008 RE: Letters to Warren Road Residents. The Public Works Committee discussed the submission of a grant proposal for a walkway along Warren Road. The grant would be under the "Safe Routes to School" program through the New York State Department of Transportation. It is a 100 percent reimbursement grant. The question came up during the meeting about what the residents on Warren Road thought of a walkway on Warren Road being constructed where none currently exists. It was suggested that we send letters to the residents along Warren Road to get feedback from them. The Public Works Committee put together two different versions of this letter, one making the residents responsible for the walkway and the other where the Town would accept all responsibilities similar to what the Town approved for the future Hanshaw Road walkway. Attached are both versions of the letter for the Board to discuss and decide which one to send to the residents. r f n - A A. V~. V TOWN OF ITHACA'IM:.!I i ^ PUBLIC WORKS DEPARTMENT ^haft 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks@town.lthaca.ny.us PHONE (607) 273-1656 Roads, Parks, Trails, Sewer, and Water FAX (607) 272-6076 January 23, 2008 Residents Warren Road Ithaca, NY 14850 Dear Resident: The Town of Ithaca is applying for funding under the federal government's "Safe Routes to School" program to construct a pedestrian walkway along Warren Road leading to Northeast Elementary School, Dewitt Middle School and the BOCES complex. "Safe Routes to School" is a federal program designed to enable and encourage students in Grades K-8 to walk or bicycle to school through infrastructure improvements, education, enforcement, and encouragement. It is a reimbursement program with all eligible costs fully reimbursed, with no local match required. The Town is proposing to construct a six-foot wide, asphalt walkway from Hanshaw Road to Uptown Road which will link the future Hanshaw Road walkway to the proposed Warren Road walkway. This will provide a safer pedestrian corridor for all our residents to use on two of Northeast Ithaca's busiest roads. Further details concerning design of the walkway will be forthcoming. We are proposing to locate the walkway on the east side of Warren Road in the vicinity of our abandoned water main. Please contact the Public Works Department at 273-1656 if you have any concerns or questions regarding this proposal. Sincerely, Fred Noteboom Highway Superintendent f^HAFT^ 7^ TOWN OF ITHACA ' ' " PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks@town. Ithaca, ny. us PHONE (607) 273-1656 Roads. Parks. Trails. Sewer, and Water FAX (607) 272-6076 January 23,2008 Residents Warren Road Ithaca, NY 14850 Dear Resident: The Town of Ithaca is applying for funding under the federal government's "Safe Routes to School" program to construct a pedestrian walkway along Warren Road leading to Northeast Elementary School, Dewitt Middle School and the BOCES complex. "Safe Routes to School" is a federal program designed to enable and encourage students in Grades K-8 to walk or bicycle to school through infrastructure improvements, education, enforcement, and encouragement. It is a reimbursement program with all eligible costs fully reimbursed, with no local match required. The Town is proposing to construct a six-foot wide, asphalt walkway from Hanshaw Road to Uptown Road which will link the future Hanshaw Road walkway to the proposed Warren Road walkway. This will provide a safer pedestrian corridor for all our residents to use on two of Northeast Ithaca's busiest roads. As on Hanshaw Road, the Town would assume ownership, maintenance and liabilities for the proposed walkway along Warren Road. Further details concerning design of the walkway will be forthcoming. We are proposing to locate the walkway on the east side of Warren Road in the vicinity of our abandoned water main. Please contact the Public Works Department at 273-1656 if you have any concerns or questions regarding this proposal. ^0^ Sincerely, Fred Noteboom Highway Superintendent f ATTACHMENT #12 02/11/2008 TOWN BOARD MEETING 23 REGULAR MEETING OF THE ITHACA TOWN BOARD February 11, 2008 TB RESOLUTION NO. - Water and sewer Benefit Assessment refund for Tax Parcel 54.-7-2.4 Whereas Ms. Michelle M. Tagliavento, 725 Hudson Street, Ithaca, NY 14850, Tax Parcel 54.- 7-2.4 was incorrectly assessed for 1.36 units of water benefit and 1.36 units of sewer benefit when the property should assessed an annual charge of $0.02 per thousand of assessed value for water and $0.02 per thousand of assessed value for sewer, and Whereas the Director of Engineering has reviewed property and confirms that based on the small size and limitations on the lot the property is effectively does not have water and sewer currently available and therefore under the Town of Ithaca Benefit Formula should only be "assessed an annual charge of $0.02 per thousand of assessed value for water and $0.02 per thousand of assessed value for sewer". Now therefore be it Resolved that the Town Board of the Town of Ithaca hereby approves a refund of 1.36 sewer unit charge in the amount of $27.20 to be paid from account G8120.490, and 1 water unit charge in the amount of $122.40 to be paid from F8340.490, to be paid to Ms. Tagliavento upon receipt of her tax payment, and be it further Resolved that the Director of Engineering is directed to cause the benefit assessment for the parcel to be corrected in the benefit assessment roll. MOVED: SECONDED: kTC- VOTE: /l:pyp ro J STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Town Clerk/Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town Board of the Town of Ithaca at a regular meeting on the day of 2006. Town Clerk/Deputy Town Clerk Date TOWN OF ITHACA ^ 215 N. Tioga Street, Ithaca, N.Y. 14850 ! www.town.ithaca.ny.us TOWN CLERK 273-1721 PUBLIC WORKS (Roads. Parks. Trails. Water & Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 January 29, 2008 Michelle M. Tagliavento 725 Hudson Street Ithaca, NY 14850 Re: Tax parcel 54.-7-2.4, Water and Sewer benefit refund Dear Ms Tagliavento: At yom request 1 have reviewed the Water and Sewer Benefit Assessment for your property on Pennsylvania Ave. The parcel is an extremely small parcel, 0.02 Acres, that is on the City/Town of Ithaca boundary and which is adjacent to your primary lot in the City of Ithaca. The lot was created by a subdivision of the main parcel in the Town of Ithaca and was allowed to be a very small lot to satisfy an understanding between you and the property owner in the Town of Ithaca. A condition of the Planning Board subdivision approval which created this small lot was that it could not be built on and was to be effectively considered part of your City Lot. Based on the small size and limitations on the lot the property is effectively does not have water and sewer currently available and therefore under the Town of Ithaca Benefit Formula should only be "assessed an annual charge of $0.02 per thousand of assessed value for water and $0.02 per thousand of assessed value for sewer. Through an error the property has been incorrectly assessed $122.40 for water and $27.20 for sewer, instead of the appropriate assessment on the taxable value of $500.00 of $0.01 for water and $0.01 for sewer. The Town Board will process a resolution for a refund of the incorrect benefit assessment at the February 11,2008 Town board meeting, in the amoimt of $122.40 for water and $27.20 for sewer. The receiver of taxes cannot accept amounts less than that shown on the tax bill and payment of the Tax bill in full must be made by January 31,2008 to avoid penalty or service charges. The Town apologizes for the clerical error that has resulted in the incorrect tax bill and appreciates your patience as we work to correct the error. \ espectfully yours. Daniel R. Walker Director of Engineering Cc Herb Engman, Town Supervisor A1 Carvill, Budget Officer 1 Debbie Kelley, Receiver of Taxes l:\Admln\BUDGET\BenefitAssessment\TagIlavento Refund TP 54.-7-2.4.doc Town of Ithaca Page 1 1/29/2008 )(CITY 113(500700)EAST LINE =114 I-^age ^jlate Online ► Property Details 4 Image Mate Online Navigation GIS Map Tax Maps I ORPS Links Residential Inventory Municipality of Ithaca Photographs Swis: 503089 ID#: 54.-7-2.4 Tax Map ID / Property Data Status:Active Roll Section:Taxable Address:Pennsylvania Ave Zoning Code:-Site:Res 1 Neighborhood: 1 11 70106 BIdg. Style:N/A Property Class: 311 - Res vac School District:Ithaca land Land Assessment: 2007 - $500 2006 - N/A Total Assessment: 2007 - $500 2006 - N/A Total Acreage/Size; Deed Book: Bank Code: 0.02 2007 Full Market - $588 Value: 48931 N/A 2006 - N/A 8001 No Photo Available Documents No documents found for thi' parcei Maps • Show Tax Map (PDF) Pin Property on GiS Map Windows Live Local Google Maps Yahoo! Maps Map Disclaimer http://asmsdg2.tompkins-co.org/oroiDdetail.asr)x?swis=503089&Drintkev=05400000070020040000 1/3/2008 Image Mate Online - Property Details Page 2 of2 Special Districts for 2007 Description Units Percent Type Value Ithaca fire 1 0 0 0 Ithaca sewer 1.36 0 0 Ithaca water 1.36 0 0 Special Districts for 2006 No information available for the 2006 roll year. Land Types Type Size Residual 0.02 cacres http://asmsdg2.tompkins-co.org/propdetail.aspx?swis=503089&printkey=05400000070020040000 1/3/2008 ATTArHMKUT )»13 02/11/2008 TOWN BOARD MEETING ^ STEARNS & WHELER" AMENDMFNT NO 7 ^ ^ Environmental Engineers & Scientists X Z TO AGREEMENT BETWEEN ITHACA AREA WWTP - SJC OWNERS AND STEARNS & WHELER, LLC WHEREAS, Steams & Whaler, LLC (ENGINEER) and the Ithaca Area WWTP - SJC Owners (OWNER) entered into an Agreement dated September 7, 2005, to evaluate Miscellaneous Plant Improvements; and WHEREAS, one of the improvements included repair to the brick on the secondary digester; and WHEREAS, OWNER desires to consider various options for the repair of the digester walls; and WHEREAS, except as expressly amendetj herein, all other provisions of the original contract dated September 7, 2005, remain in full force and effect. NOW, THEREFORE, ENGINEER and OWNER agree to amend the Agreement as follows. SCOPE OF SERVICES ENGINEER shall provide the following services in completion of this project. 1. Continued coordination of the project through 2006 and 2007, without being able to begin design. 2. Preparation of a cost estimate for adding a brick knee wall to the digester repair options. PROJECT COSTS OWNER shall pay ENGINEER for the above Scope of Services for a Lump Sum Fee of $7,000. HUMAN RIGHTS COMPLIANCE ENGMEER shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived age, creed, color, disability, ethmcity, familial status, gender, height, immigration or citizenship status, marital status, nation origin, race, religion, sexual orientation, socio-economic status, or weight. W:\WordProc\S&W Ainend\2007\Ithaca WWTP Mise Improv Amend U2 50116.doc AMENDMENT NO. 2 ITHACA AREA WWTP - SJS OWNERS (PAGE 2) AUTHORIZATION The return of one (1) signed copy of this Amendment No. 2, together with a copy of a formal resolution of approval, constitutes acceptance of this Amendment and shall be Avritten authorization for ENGINEER to proceed with the Scope of Services outline above. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment No. 2 as of the last date entered below. ENGINEER: Title: rerald C. Hd^, P.E. President/CEO Date:. OWNER: STEARNS &LER, LLC CITY OF ITHACA, NEW YORK By: . /^£;tCdHrY^ Title: olyn K. Peterson Mavor Date: i /^ ^ lOfl TOWN OF ITHACA, NEW YORK By Title: Herbttgman Supervisor Date:'/ TOWN OF DRYDEN, NEW YORK By: Title: Mary Ann Sumner Supervisor Date: GCH/jlb/mvl W:\WordProc\S&W Amend\2007\Ithaca WWTP Misc Iitiprov Amend #2 50116.doc AMENDMENT NO. 2 ITHACA AREA WWTP - SJS OWNERS (PAGE 3) STATE OF NEW YORK COUNTY OF TOMPKINS ) On this day of ) )SS: 20{^, before me, the subscriber, personally appeared Carolyn K. Peterson, tcvme known and known to me to be the Mayor of the City of Ithaca, New York, the OWNER described herein, and who, being duly authorized, executed the same on behalf of the OWNER. PATRICIA DUNN Notary Public, State of New York No. 4948393 Qualified in Tompkins County . Commission Expires Marcti 20, 20_i/ Notary Public STATE OF NEW YORK ) )SS: COUNTY OF TOMPKINS ) of 2007, before me, the subscriber, personally appeared Herb Engman, to me known and known to me to be the Supervisor of the Town of Ithaca, New York, the OWNER described herein, and who, being duly authorized, executed the same on behalf of the OWNER. Notary Public KAREN M. BILLINGS Notary Public, State of New York No. 01BI6179590 Qualified in Tompkins County Commission Expires December 24,2011 W;\WordProc\S&W Ainend\2007\lthaca WWTP Misc Improv Amend S2 50116.doc AMENDMENT NO. 2 ITHACA AREA WWTP - SJS OWNERS (PAGE 4) STATE OF NEW YORK ) )SS: COUNTY OF TOMPKINS ) On this day of.2007, before me, the subscriber, personally appeared Mary Ann Sumner, to me known and known to me to be the Supervisor of the Town of Dryden, New York, the OWNER described herein, and who, being duly authorized, executed the same on behalf of the OWNER. Notary Public STATE OF NEW YORK COUNTY OF MADISON On this day (j Gerald C. Hook, P.E., to me known and known to me to be the President/CEO of the firm of Steams & Wheler, LLC, the ENGINEER described herein, and who executed the same for the act and deed of said firm. before me, the subscriber, personally appeared Notary Public JUDITH F. SUTHERLAND Notary Pubtic, State of New York No. 01SU4770407 Qualified in Madison County /. Commission Expires March 30,20 /d> W:\WordProc\S&W Amend\2007\Iihaca WWTP Misc Improv Amend #2 50116.doc 11-3 DPW n Request to Amend Capital Project for Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility CP 416J - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of some Capital Improvements, and WHEREAS, staff in association with the Plant's consulting engineers. Steam's & Wheler, LLC have estimated the cost of the miscellaneous plant improvements to be $1,300,000, and WHEREAS, the allocation of costs for said project shall be as follows: Roof Leaks at Skylights $400,000 Digester Brick Repair 260,000 Concrete Deterioration (ASR) 160,000 Concrete Deterioration Cracks & Leaks 240,000 Miscellaneous Structural Repairs 35,000 Concrete Deck Water Proofing 120,000 Contingency, Legal, Administrative, Engineers 85.000 $1,300,000 and WHEREAS, the Special Joint Committee (SJC) approved said project at Its meeting of November 14, 2007; now, therefore be it RESOLVED, That Common Council hereby recommends an amendment to Capital Project 416J Miscellaneous lAWWTP Improvements in an amount not to exceed $1,300,000 for a total Project authorization of $1,374,000, and be it further RESOLVED, That Common Council authorizes this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $742,820 Town of Ithaca 40.88 531,440 TownofDryden 1.98 25,740 $1,300,000 and be It further RESOLVED, That the Common Council recommends financing be done by the Issuance of Serial Bonds for the entire project with reimbursement from each partner per allocated cost, and be It further RESOLVED, That Common Council hereby recommends a $7,000 increase to the previously authorized engineering services agreement with Steams & Wheler, LLC for additional engineering services to this project in the total contract cost not to exceed $81,000. Carried Unanimously STATE OF NEW YORK COUNTY OF TOMPKINS CITY OF ITHACA 83: I, Julie Conley Holcomb, City Clerk of the City of Ithaca, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Common Council of said City of Ithaca at a regular meeting held on the 5^ day of December 2007, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the City of Ithaca, this 25^*^ day of January, 2008. ilie Conley Holco/mb, CMC City Clerk City of Ithaca, New York K city of ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 January 8^, 2008 Board of Fire Commissioners Ithaca Fire Department 310 W Green St Ithaca, NY 14850 Dear Board Members: The following is the Fire Marshal's report for December 2007. Codes Division: The Codes Division received 18 complaints in the month December. There were 13 complaints closed out, and 5 complaints that still remain open. The Codes Division performed 41 Inspections and issued 47 notices of violation. , The division issued 14 operating permits for occupancies, 6 certificate of I compliance letters, 5 fire alarm system certificates, and 3 alternative fire suppression system certificates. The Codes Division issued 9 parking violations: 3 Fire Lane / Fire Hydrant Violations, 3 Handicap Parking Violations, and 3 Prohibited Areas Fire Investigation Unit: There were 6 fire investigations in the month of December 2007. Four Investigations were for structures fires at 517 First St, 126 Farm St, 101 Eddy St, and 509 W Clinton St in the City of Ithaca. There was one investigation for a vehicle fire at 805 Mitchell St and one investigation for an outdoor fire at a parking lot off of Hoy Rd adjacent to Phillips Hall on the Cornell Campus. Public Education: There were no Public Education Details, 5 Fire Drill Observation, and 11 Child Car Seat Inspections in the month of December. Respectfully Submitted, C Thomas Parsons Deputy Fire Chief Fire Marshall "An Equal Opportunity Employer with a commitment to workforce diversification." r (4 ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT ^^^cember 200^ PERSONNEL STAFFING LEVELS 1 Chief 2 Deputy Chiefs 5 Assistant Chiefs 8 Lieutenants 4a Fire Fighters 65 On duty personnel 1 Fire Fighter on Injury Leave 2 Recruit Fire Fighters 1 Fire Alarm Superintendent 0.5 Executive Assistant 0.5 Financial Clerk 0.5 Financial Clerk ^ 1 Office Temporary Total employees as of 12/01707 - 71.5 MUTUAL AID CALLS - From: To: Newfield, Enfleld SELECTED CALLS - No Report SUPPORT 21 Vehicle work orders were written and 22 were closed. TRAINING - All shifts have completed NYS Flammable Liquids training delivered In-house. See Attached report. Submitted by: J. Thomas Dorman, Deputy Chief Date Printed: 12/ 4/07 Page 1 APPARATUSMILEAGE 11/07ENG HOURS 11/07MILEAGE 12/07ENG HRS 12/07NOV MILEAGENOV ENG HRSNYSI DUELOF DATELOF MILES9013301275763392076829081068/1/088/3/07306029029943394880050057/1/087/9/0799098903315379633317929653255208/31/088/15/0731339904299459655299469656119/1/089/7/072991890S4549138884591839314274312/1/076/26/0743201906850873469853883500301316/31/086/18/0782080909215506450221716537621876/1/078/21/0719885933468375711473305766493557/1/087/25/07449959394215251714216851731622/1/073/22/074309794159662646182282216184/1/084/17/074053942118312234006/1/0610/4/051008409431048621119657138/1/068/9/05527509445485566925487967002487/1/079/6/065479094553176346102905/1/078/3/072619947703447048013604/30/081/8/076451994875671756932209/1/089/11/0775587949212918621501882127/1/077/27/06120696178093328437350628187/1/087/16/0763489622846323238609641882719051948419836577810/31/089/6/071706196579096791687208/1/088/14/0778314966942149446725303/1/074/18/068429533 3Training BiockMonthly Training How . 3y Training BiockDecember 2007 Commissioners ReportStation: ALL Shift: ALLJan Feb Mar Apr May Jun Jui Aug Sop Oct3Nov Dec Totai Hours01FIRE PROTECTION AND ORGANIZATION (106.759.550.252226.7552213.53.5259.2502FIRE BEHAVIOR (FIRE CONTROL)15129.753425.596.2503EXTINGUISHERS04FIRE PREVENTION19.253.75744702519301989.5308.505PERSONAL SAFETY AND PROTECTIVE E52.259070198.567.75747028.2517.511.516.5696.2506ROPES AND KNOTS22.522.507TOOLS AND EQUIPMENT1161783931.5332068.533.5420.508GROUND LADDER PRACTICES1.578.509HOSE PRACTICES227.519.5985541.54247.510FORCIBLE ENTRY20291136311VENTILATION24122.5225.5417812RESCUE2163.51675891.55937.5533.594.515.75646.2513SALVAGE AND OVERHAUL52654.51013.559614COMMUNICATIONS (FIRE ALARM)22.52143.515FIRE PUMPS111.54134516.59116AERIAL LADDERS AND ELEVATED DEVIC20634684.5105.517FIRE STREAMS AND HYDRAUUCS (WATE332.5182723.55037.251572278.2518HAZARDOUS MATERIALS AND RADIATION52387470548452519NATURAL COVER FIRE FIGHTING20EMS (FIRST AID)59.558.52476144941.511.5133521FIRE AND ARSON INVESTIGATIONTotais by Month 582.75 304.25 597.25 464.5 493 321.5 351 372.5 283.25 389 359.25Prepared: 12/4/070 4518.25Page 1 Monthly Training Hours by Training BlockDecember 2007 Commissioners ReportStation: ® Shift: @Training Biock *^3" Mar Apr May Jun Jui Aug Sep Oct Nov Dec Totai Hours22 DETECTION, NOTIFICATION & SUPPRESS 97.5 97.523 APPARATUS-DRIVING, OPERATION AND 90 22 77 22 26 11 28.5 27 303.524 MISCELLANEOUS IN SERVICE 28.25 3.5 6.75 9.5 43 22.75 7.25 6.5 12.5 1325 ICS/NIMS 24 4526 OUTSIDE TRAINING 4027 NYS FIRE ACADEMY COURSES 893.5 424 319 1636.51536926 66Totals by Month 1594.5 347.75 650 975 603 344.25 384.25 390 283.25 775 399.25 0 6746.25Prepared: 12/4/a7 ^ ^ Pa/—1.3 3 3 2007 REVENUE SUMMARY BY ACCOUNTNOVEMBERFire Code InsDectionHome & Comm ServicesPublic Safety ServicesFire Protective ServicesRental of Real ProoertRental of EquiDmentPublic Safety PermitsFines & Forfeited BailMinor SalesSale of EquiomentInsuronce RecoveriesOttner Compensation for Loss 12690 IS250Refund Prior Year Expense 1270/ l$200Gifts & DonationsUnclassified RevenueJ565 I $48,000 I $32,3432/89 ISO 132642260 !$7.000 1311,9182262 I $2,730,997 131,871,88524/0 [$5,000 131,05024/4 ISO255026/0 I $6,1262655 i$502665 ISO26802705 I $600,0002770Home & Community Service 13989 I$0JULY JE'S - $16,645.01-MASTERALARM BILLING.276.43)-REFUND ISSUED1657,06610,9651181,5303,585600,0007,9029,613m$3,414,323 132,558,403AUG JE PREV YRMASTER BOX21%0%92%179%235%0%45%0%100%,100%790%0%74.9%7666.00Home & CommState Emer Mnat2,940248315,6572648859,1123,950165634681,5304,415250200023$855,920 1358,146Proiected35,28328813,0012,042,057 '1,1451807,70800654,5458,628732,790,9851530Tahoe sale at auction § §Oi viS >■««» oooi Iw^ I'■k%-f. Qt-^t-V—- sr(n(ntotn tnA loC (cD Oas.8ISQSi(3SgBudgetAccount NumbersAdministration &Planning 12050Fire PrevenfionBureau 12100Satety Section12150Response Section12200Support Section12250EmergencyManagement12300Training Bureau12350MembmhipSection 12400Service / Duty -Section 12450BalancePercent Expended03CO.'D Sr+ O■o <1 rno 2« 003 s3 S> oS 5c s:OJ 3"2L rn23 O.n/Din Statistical Summary ITHACA BOARD OF FIRE COMMISSIONERS - DECEMBER 11, 2007 here are 32,184 records in the Incidents Table. Between Monday, January 1,2007 and Thursday, December 6,2007 there were 4,052 incidents. Currently there are an average of 11.95 Incidents per day. Average response time for the department is 4.35 minutes. The average duration of an incident is 18.88 minutes. Incidents by Hour of the Day O '-cvj co^m co h-co oJ O OOOOOOOOOO t- cvj co^m to h-oooo^cM co -r-l-T-l-l-T-T-T-CM CVI CVJ CVJ Incidents by Day of the Week Dollar Loss by Hour of the Day 250000 200000 150000 ^100000 50000 0 't-cvi c»3 ^m cD h«.oo o>o OOOOOOOOOO ''- CM co -^io co h»eoo>O i-cvj co Statistical Summary ITHACA BOARD OF FIRE COMMISSIONERS - DECEMBER 11. 2007 There are 32,184 records in the Incidents Table. Between Monday, January 1,2007 and Thursday, December 6, 2007 there were 4,052 incidents. Currently there are an average of 11.95 incidents per day. Average response time for the department is 4.35 minutes. The average duration of an incident is 18.88 minutes. Dollar Loss by Day of the Week 400000 350000 300000 250000 200000 150000 100000 50000 0 Incidents by First Responding Unit Average Response Time by Unit po >o1*5 Im! t5?opi•tkK>OilowW(no>O so Sfl>s;wloI ColwcnlON)cntn098KIOColoOPJoocnc»09itk59595959BudgetAccount NumbersAdministration &Planning 12050Fire PreventionBureau 12100Safety Section12150Response Section12200Support Section12250EmergencyManagement12300Training Bureau12350MembershipSection 12400Service / DutySection 12450BalancePercent Expended00cQ.<o1 §I m3 O> ono ^= 23 =2L 3Q) Q.3nn>(/) 2007 REVENUE SUMMARY BY ACCOUNTRevisedOCTOBERPCT i RemainingREVENUE I YTD REVENUE I Collected REVENUEProiectedFire Code Inspection$31,323:«iii16,67737.587Home & Comm ServicesPublic Sofetv Services2260 I $7,00014,073Fire Protective Sen/icesEznsiim1.025,980hmzTMrnRental of Real ProoeRental of EquipmentPublic Safety Permits2550 $7,700Fines & Forfeited Bail2610 l$6,126Minor Sales2655 $50iSale of EquipmentInsurance Recoveries2680 $8,000Other Compensation for Loss ^2690Refund Prior Year ExpenseGifts & Donations2705 $600,000720,000i»inUnclassified Revenue9,265Home & Community Service 398911,536$3,414,323$1,025,260$2,866,876AUG JE PREVYRMASTER BOX7666.00To hoe sale at auctionJULY JE'S - $16,645.01-MASTERALARM BILLING27(^ VjD issued Statistical Summary Ithaca Board of Fire Commissioners November 13, 2007 There are 31,845 records in the Incidents Table. Between Monday, January 1, 2007 and Friday, November 9, 2007 there were 3,713 incidents. Currently there are an average of 11.86 incidents per day. Average response time for the department is 4.35 minutes. The average duration of an incident is 18.92 minutes. Incidents by Hour of the Day O T-c\i co -^m cD r-.co o)o OOOOOOOOOO i- CJ CO Tj-tO CDN COOO i-CNJ CO Incidents by Day of the Week Dollar Loss by Hour of the Day 250000 200000 150000 100000 50000 Q i-C\J CO "^lO CD h..COOO OOOOOOOOOOt-cvj cO "*tm {D r«»oo o)O i— cNj co T-l— CM CJ OJ CsJ Statistical Summary > Ithaca Board of Fire Commissioners November 13, 2007 There are 31,845 records in the Incidents Table. Between Monday, January 1, 2007 and Friday, November 9, 2007 there were 3,713 incidents. Currently there are an average of 11.86 incidents per day. Average response time for the department is 4.35 minutes. The average duration of an incident is 18.92 minutes. Dollar Loss by Day of the Week 400000 350000 300000 250000 200000 150000 100000 50000 0 SUN MON TUE WB5 THU FRI SAT Incidents by First Responding Unit 1200 1000 400 Average Response Time by Unit 10 8 6 4 2 0 CD O CT) I ! I I I n ri I I . . . . 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CofU^ELF UA^f^i.<L6j7v /E/iEA(&£A/cy /^£k/&r^L J^/^t//G£< -4^6^T/AE^PP/aT Ml/aZ SeMu/iLE ac>A>TOi?cs To (0<>/ZM. ioiTfiCUiH5 To /^y>/io\/£' ntE tOaAJc/AJ<^ /lEt-tmonD^Hip' CEiTfi^ ^5 k)oAUifjQi oo Pa^S TfiC A/u /f-OP/TitttJ 7Z> f^lA6S4oOA) 72 Focos £A) 6 CBA 05A&>£. //A)l/ok\///<J& AAJt)T^^f^ . Cou/UTy^ A?fni ' )TUe Pot^A/f/ FL>AJptAJ<z Th^i, Pao^ecT . ^)Q£.CTaL Ui^/^OAXLEAP- aPVI^BS S£r A6fO& ^QSjOOd T^/S Pao^ccT "^T/iA ^i?^Ts AM AaJT/t(fAT€> /dTH£47^,ocg £A/Gm/U ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT ^^^^anuary 2008 PERSONNEL STAFFING LEVELS 1 Chief 2 Deputy Chiefs 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters 65 On duty personnel 1 Fire Fighter on Injury Leave 2 Recruit Fire Fighters 1 Fire Alarm Superintendent 0.5 Executive Assistant 0.5 Financial Clerk 0.5 Financial Clerk 1 Office Temporary Total employees as of 1/01/08 - 71.5 MUTUAL AID CALLS - From: Cayuga Heights (5), Lansing (5) To: Cayuga Heights, Enfield SELECTED GALLS - list below are several fires that were quickly extinguished by the respective shift a. 12/9/07 - Phillips Parking Lot propane fire - B Shift b. 12/16/07 - 126 Farm St Structure Fire - A Shift c. 12/20/07 - 309 Garden Ave, ST Olin Chem - C Shift d. 12/22/07 - 101 Eddy St Fire - D Shift e. 12/28/07 - 509 W Clinton St - B Shift SUPPORT 17 Vehicle work orders were written and 24 were closed. TRAINING - In January, we are hosting "Public Safety WMD Response — Sampling Techniques and Guidelines" delivered by Louisiana State University's National Center for Biomedical Research and Traning See Attached report. Submitted by: J. Thomas Dorman, Deputy Chief Date Printed: 1/3/08 Page 1 3)APPARATUSMILEAGE 12/07ENG HOURS 12/07MILEAGE 1/08ENGHR5 1/08DEC MILEAGEDEC ENG HR5NY5I DUELOF DATELOF MILES901339207682348367774916928/1/088/3/07306029020050050050057/1/087/9/0799098903317929653319839673191208/31/088/15/073133990429946965629970966624109/1/089/7/07299189054591839314633539744174312/1/076/26/0743201906853883500859523550564506/31/0812/3/0785321909221716537227086597537606/1/078/21/0719885933473305766476925819362537/1/087/25/0744995939421685173422735189105162/1/073/22/074309794161822826373293191114/1/084/17/074053942122300591606/1/0610/4/051008409431119651184656508/1/068/9/0552750944548796700548856706667/1/079/6/06547909456346730195505/1/078/3/072619947704807078630604/30/081/8/076451994875693757081509/1/089/11/077558794921501882158189817/1/077/27/06120696184373508794372357227/1/087/16/0763489623232394271009641948419832031720598337610/31/089/6/0717061965791687936119308/1/088/14/0778314966944679462315603/1/0712/12/0794475 Monthly Training HOw.«iy Training BlockJanuary 2008 Commissioners ReportStation: ALLShift: ALLTraining BiockJanFebMarAprMayJunJuiAugSepGetNovDec Total Hours01FIRE PROTECTION AND ORGANIZATION (106.759.550.252226.7552213.53.51260.2502FIRE BEHAVIOR (FIRE CONTROL)15129.753425.56102.2503EXTINGUISHERS04FIRE PREVENTION19.253.75744702519301989.55313.505PERSONAL SAFETY AND PROTECTIVE E52.259070198.567.75747028.2517.511.516.520.7571706ROPES AND KNOTS22.522.507TOOLS AND EQUIPMENT1161783931.5332068.533.54424.508GROUND LADDER PRACTICES1.578.509HOSE PRACTICES227.519.5985541.54247.510FORCIBLE ENTRY20291136311VENTILATION24122.5225.54218012RESCUE2163.51675891.55937.5533.594.515.7569715.2513SALVAGE AND OVERHAUL52654.51013.559614COMMUNICATIONS (FIRE ALARM)22.521447.515FIRE PUMPS111.54134516.59116AERIAL LADDERS AND ELEVATED DEVIC20634684.5105.517FIRE STREAMS AND HYDRAULICS (WATE332.5182723.55037.251572278.2518HAZARDOUS MATERIALS AND RADIATION523874705484352819NATURAL COVER FIRE FIGHTING20EMS (FIRST AID)59.558.52476144941.511.5163.5398.521FIRE AND ARSON INVESTIGATIONTotals by Month582.75304.25597.25464.5493321.5351372.5283.25389359.25178.254696.5Prepared: 1/3/08Page1 ) Monthly Training Training Block ^January 2008 Commissioners ReportStation: @ Shift: @Training Block Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Hours22 DETECTION, NOTIFICATION & SUPPRESS 97.5 97 523 APPARATUS - DRIVING, OPERATION AND 90 22 77 22 26 11 28.5 27 14.5 31824 MISCELLANEOUS IN SERVICE 28.25 3.5 6.75 9.5 43 22.75 7.25 6.5 12.5 13 13.5 166.525 ICS/NIMS 24 456926 OUTSIDE TRAINING 40 26 1 5 67 527 NYS FIRE ACADEMY COURSES 893.5 424 319 1636.5Totals by Month 1594.5 347.75 650 975 603 344.25 384.25 390 283.25 775 399.25 207.75 6954Prepared: 1/3/08 Page 2 ^ Statistical Summary BFC Report for 2007, Preliminary There are 32,486 records in the Incidents Table. Between Monday, January 1, 2007 and Monday, December 31, 2007 there were 4,321 incidents. Currently there are an average of 11.84 incidents per day. Average response time for the department is 4.36 minutes. The average duration of an incident is 19.13 minutes. Incidents by Hour of the Day Or-CM CO -^lO tO r«-CO O>0 OOOOOOOOOOt-cvj co Tj-if)co r>.co o)O T-c\j co Incidents by Day of the Week ' Dollar Loss by Hour of the Day 300000 250000 200000 100000 50000 3::Sil S2S !£?^r^®®Or-cvi co^io cD r^a3 o>o Statistical Summary BFC Report for 2007, Preliminary There are 32,486 records in the Incidents Table. Between Monday, January 1, 2007 and Monday, December 31, 2007 there were 4,321 Incidents. Currently there are an average of 11.84 Incidents per day. Average response time for the department is 4.36 minutes. The average duration of an incident is 19.13 minutes. Dollar Loss by Day of the Week 400000 350000 300000 250000 200000 150000 100000 50000 0 Incidents by First Responding Unit Average Response Time by Unit Statistical Summary BFC Report for December 2007 There are 32,487 records in the Incidents Table. Between Saturday, December 1, 2007 and Monday, December 31, 2007 there were 335 incidents. Currently there are an average of 10.81 incidents per day. Average response time for the department is 4.46 minutes. The average duration of an incident is 22.42 minutes. Incidents by Hour of the Day 1 1 1 I I I 9 ir Si!S9 ^io co h«oo o>o OOOOOOOOOO -i- CM co Tf m co r^oo o)OT-c\i co I-I-I-I-T-T-T-T-CVJ OJ OJ CVJ Incidents by Day of the Week Dollar Loss by Hour of the Day 150000 100000 50000 OOOOOOOOOO t- Statistical Summary BFC Report for December 2007 There are 32,487 records in the Incidents Table. Between Saturday, December 1, 2007 and Monday. December 31, 2007 there were 335 incidents. Currently there are an average of 10.81 incidents per day. Average response time for the department is 4.46 minutes. The average duration of an incident is 22.42 minutes. Dollar Loss by Day of the Week 200000 150000 100000 50000 Incidents by First Responding Unit 909 905 906 964 933 963 903 Average Response Time by Unit 906 964 933 963 903