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HomeMy WebLinkAboutTB Minutes 2006-01-09ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD MONDAY, JANUARY 9, 2006 AT 5:30 P.M. 215 NORTH TIOGA STREET, ITHACA, NEW YORK AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature 4. Report of City of Ithaca Common Council 5. Report of Fire Commissioners 6. 6:00 p.m. - Persons to be Heard and Board Comments 7. Consider Approval of the 2006 Town Board Meeting Schedule 8. Consider Appointment of Deputy Town Supervisor 9. Consider Appointment of Planning Board Chair 10. Consider Appointment of Zoning Board of Appeals Chair 11. Consider Appointment of Planning Board Member 12. Consider Appointment of Zoning Board of Appeals Member 13. Consider Appointment of Conservation Board Members 14. Consider Appointment of Conservation Board Chair 15. Consider Appointment of Highway Superintendent 16. Consider Appointment of Town Clerk 17. Consider Appointment of Town Engineer 18. Consider Appointment of Receiver of Taxes 19. Consider Supervisor's Board and Committee Appointments 20. Discussion of Boards and Committees 21. Discuss Arrangements and Appointment of Attorney for the Town 22. Consider Confirmation of Legal Arrangements with Susan Brock 23. 7:00 p.m. - Public Hearing regarding a proposed Local Law Amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarify the definition of "Lot" 24. SEQR - regarding a proposed Local Law Amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarify the definition of "Lot" 25. Consider Adoption of Local a Law Amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarify the definition of "Lot" 26. 7:15 p.m. - Public Hearing regarding a Local Law Amending Chapter 270 of The Code of The Town of Ithaca to Rezone a Portion of Tax Parcel No. 27.-01-13.12 Located Off of N.Y.S. Route 79 From Medium Density Residential to Multiple Residence (Conifer Village Ithaca Senior Living Community) 27. Consider Adoption of a Local Law Amending Chapter 270 of The Code of The Town of Ithaca to Rezone a Portion of Tax Parcel No. 27.-01-13.12 Located Off of N.Y.S. Route 79 From Medium Density Residential to Multiple Residence (Conifer Village Ithaca Senior Living Community) 28. Consider Supporting the Application of Ithaca Senior Living, LLC to the New York State Division of Housing and Community Renewal to Obtain the Funding Assistance Necessary to Construct the Conifer Village at Ithaca and Supporting a Payment in Lieu of Taxes 29. Discuss and Consider Setting a Public Hearing regarding Property Tax Exemptions for Veterans, Historic Barns, and Certain Home Improvements for Persons with Disabilities 30. Consider Setting Special Meeting Date for Discussion of Hanshaw Road Reconstruction Project 31. Consider Approval of Year-End Budget Modifications, Amendments, and Transfers 32. Consider Dedication of West Hill Drive and water and sewer utilities 33. Discussion of Association of Towns 2006 Resolutions and Consider Designation of Official Delegate and Alternate Delegate for New York State Association of Towns 2006 Annual Meeting 34. Consider Water and Sewer Benefit Assessment Refund 35. Discussion of Board Protocol and Procedures Manual 36. Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Voucher Deadlines for 2006 e. Cash Management and Investment Policies and Procedures f. Designation of Official Newspaper g. Designation of Official Depositories of Town Funds h. Official Bonds of Town Officers and Employees i. Agreement for the Expenditure of Highway Monies j. Appointment of Deputy Highway Superintendent k. Appointment of Deputy Town Clerk/Deputy Receiver of Taxes I. Appointment of Deputy Town Clerk 37. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Board Policy and Protocol d. Capital Projects and Fiscal Planning Committee e. Codes and Ordinances Committee f. Ethics Committee g. Personnel Committee h. Public Works Committee i. Recreation and Human Services Committee - Discussion j. Records Management Advisory Board k. Safety Committee I. Transportation Committee 38. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee c. Joint Youth Commission d. Lake Source Data Sharing e. Pegasus Oversight Committee f. Recreation Partnership g. Special Joint Committee (Sewer) h. Southern Cayuga Lake Intermunicipal Water Commission 39. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning e. Budget Officer f. Manager of Human Resources g. Network/Records Specialist h. Recreation and Youth Coordinator i. Attorney for the Town 40. Review of Correspondence 41. Consider Adjournment January 9,2006 Town Board Meeting Adopted February 13, 2006 Organizational Meeting of the Ithaca Town Board Monday, January 9, 2005 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 THOSE PRESENT: Supervisor Valentino; Councilman Burbank; Councilman Engman; Councilman Stein; Councilman Cowie; Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Dan Walker, Town Engineer; Fred Noteboom, Highway Superintendent; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager; John Barney, Attorney for the Town. OTHERS PRESENT: Fred T. Wilcox III, Planning Board; Mike Koplinka-Loehr, Tompkins County Representative; Kathy Cleveland and Travis Cleveland, 1034 Danby Road; Stacey Crawford, Better Housing for Tompkins County; Roy Despaigne, 26 Abbott Lane; Keith Miller, 4 Jake Street; Jeff Nichols, 11 Amar Drive, Spencer; D. N. Parkusch, 363 Lawton Road, Hilton, NY; Taurus Allen 700 Warren Road; Rachel Baday, 134 Graham Road CALL TO ORDER: The meeting was called to order at 5:30 p.m. and Supervisor Valentino led the assemblage in the Pledge of Allegiance. Agenda Item No. 5 - Report of Fire Commissioners (Attachment # 1 - written report) Bob Romanowski appeared on behalf of the Fire Commission and read his monthly report to the Board. Mr. Romanowski told the Board that Bill Gilligan would be attending the February Town Board Meeting in his place. Mr. Romanowski expressed to the Board his willingness to serve another term as a Town representative to the Special Joint Committee (Sewer). Agenda Item No. 3 - Report of Tompkins County Legislature Mike Koplinka-Loehr appeared before the Board on behalf of the Tompkins County Legislature and reported the following: Mr. Koplinka-Leohr gave Ms. Hunter contact information on the membership of the County Legislature along with information on committee assignments, committee topics, and meeting schedules. Included with the materials was information on the County's distinguished youth award. Recommendations for this award can be made through the Town's seven County Representative. One of the first issues under the Legislature's consideration is whether they will switch from 1-year assessment cycles to 3-year assessment cycles. The County will be holding a special meeting on January 10 at 3:00 p.m. to educate the new legislators on the issue. The vote will be on January 17. January 9,2006 Town Board Meeting Adopted February 13, 2006 Councilman Burbank asked about the impacts of the three-year assessment cycle on the grievance process. Mr. Koplinka-Leohr told him individuals would still be able to challenge ^ their assessments on a yearly basis. | ] ! I Mr. Engman reported having gone to a discussion of this at the County Legislature where the head of assessment said if the County goes to the 3-year cycle properties would be assessed at 90% of full value rather than 100%. Mr. Engman thought that would have some sort of impact on even town budgets and asked how that was going to be dealt with. Mr. Koplinka- Leohr explained that the municipalities would set their levies and divide that by the total County-wide available assessment (interrupted)...Mr. Engman asked if you base it on 90% assessment the increase is going to look a lot bigger, would it not? Mr. Koplinka-Leohr told him, no, you could count shoes or heads, if everyone's at 90% it's equal if you have equalized assessment. It's the total dollars that you need to raise divided by another number, a value in the community that you're taxing. The 90% will not diminish the total equation of how much you raise. You still have to raise the exact same amount of dollars. Mr. Koplinka- Leoh gave the following example: if the Town needs to raise $100,000 and you have $100,000 of property taxable. If, indeed, the value of that property went down 50% you would just charge twice as much per taxable dollar. If the value of all the property in Tompkins County doubled and you had $200,000 worth of value and you had to raise $100,000 you would cut your rate in half. Councilman Stein commented that what Mr. Engman was pointing out is that while the assessment stays constant, the tax rate will change. Mr. Koplinka-Leohr stated the rate would change dramatically, but the dollars that are being raised from each household will not change. Mr. Stein then asked what the argument was for assessing at 90%. Mr. Koplinka- | Leohr told him the argument is that they will not be able to assess all properties equally throughout the County ever year; they won't have the staffing, they won't have the directive from the County Legislature to support that. So, residents of Tompkins County will know basically every third year their house will get scrutiny. A year when it won't be looked at then the county will look at the average of changes across the market and assume that a house that did not receive scrutiny has changed by that average and it will be ascribed to the house. Every three years the entire County will get that scrutiny. Supervisor Valentino stated she had a hard time justifying going to three years. For one thing, we will have to go back to using equalization rates. It is not going to lower anyone's taxes. Supervisor Valentino stated her understanding, having spoken with the Assessment Office, that the County receives per parcel revenue for maintaining 100% assessment that is somewhere in the neighborhood of $150,000 per year. By going to the three-year system the County is going to lose out on approximately $300,00 or more. Ms. Valentino reported having heard some of the County Legislators say they did not believe that was necessarily true. Ms. Valentino asked if that misconception is going to get cleared up for people. Mr. Koplinka-Leohr told her the amount of aid that the County gets from the State per year to keep up with annual assessments is in the range of $150,00. The amount of impact County- wide on the STAR exemption is an unknown number at this point; different people have different interpretations. The maximum projection he has heard is that it could be a $900,000 _ impact County-wide of people's STAR exemptions being affected. Others say the State will r * ameliorate that. l January 9,2006 Town Board Meeting Adopted February 13, 2006 Supervisor Valentino asked what the rationale was for doing this. Mr. Koplinka-Leohr thought the rationale is partly education. The County Legislature has tried over many years to educate the public about mandates. They've tried to educate them about the difference between tax levy and tax rate. Assessments actually have nothing to do with how much money residents are being billed. Because the County has not done a very good job of educating people everyone is stirred up every single year by annual assessments and the thought is the public won't be as stirred up every year by tri-annual assessment, but they will still get an assessment every year, it will just be at 90%. They will still have the opportunity to appeal it. They'll still be grumbling in the grocery store. So the idea that people will be less stirred up, Mr. Koplinka-Leohr thought, is fictional. Ms. Valentino commented that they will be more stirred up because they think it is going to give them some kind of a break, and when they get their tax bill next year they're not going to have a break. Mr. Koplinka-Leohr felt the County should double their education efforts and have people understand the issue. Ms. Valentino asked if it would help if the town Board passed a resolution pertaining to the issue. Mr. Koplinka-Leohr stated it would dramatically help. Supervisor Valentino asked how the Board members felt about passing a resolution. Mr. Stein felt he needed some time to think about it. The issue was not so clear to him and he felt the evening's meeting was not the place to argue it. Mr. Engman reported he had already appeared before the County Legislature and argued strenuously that the 3-year cycle was "a dumb idea". He told the Board he would very much like to see them pass a resolution. Mr. Engman thought the issue was a "political fig leaf; people needed some thing to run on this past election, threw this out, and it somehow took root and there is a feeling that they are obligated to do something because they promised to in the campaign. He very much wanted the Board to pass a resolution at this meeting because he thought it would be the Board's last chance to have any influence on the issue. Supervisor Valentino asked how many Board members would like the Board to draft a short resolution. Councilman Stein stated that according to the Board's rules they do not vote on things that come with no notice. Supervisor Valentino told him that was not totally true. Mr. Stein reminded Ms. Valentino that he had proposed a resolution some year-and-a-half ago that the Board not vote on anything that has not been circulated in advance for five days. Mr. Stein reported that Ms. Valentino had said, at that point, that there was no need for that resolution because that was the Board's practice, and there was no exception for matters like this that are urgent. Mr. Koplina-Leohr reported that the County Legislature has a mechanism that on the night of a meeting if indeed someone wants to add something to the agenda, there's a process for adding to the agenda. Mr. Stein responded stating that this was not in the Town Board's rules, he had proposed adding that to the Board's rules, but it Is not in the Board's rules at the moment. Supervisor Valentino suggested that the Board members who felt strongly about the issue could send a letter to the Legislature. Mr. Engman and Ms. Valentino agreed to draft a letter. Mr. Burbank asked what Mr. Stein's concerns were regarding, not the Board's process, but the issue. Mr. Stein thought what was going on in the political arena is that government's January 9,2006 Town Board Meeting Adopted February 13, 2006 have for a long time masked the increase in revenue by floating the increase in the tax rate. Governments have said, we have held the tax rate fixed, when in fact what has happened is ^ that the assessments have gone up. It is alleged that many governments have taken the i increase in assessments as being something like a windfall and that by keeping the tax rate the same they have more money to work with. Mr. Stein felt that dynamic has caused budgets to go up faster than they would othenwise. He thought that the 3-year cycle is an imperfect answer to this but felt it was an answer. People say, well, it won't do it because they will not be able to raise the tax rate but then when the assessment comes up they'll be able to raise the tax rate and get a lot more money. Mr. Stein felt that was a false way of looking at the political process and that, in fact, for those two years there will be a lot of pressure against governments about raising the tax rate. Whether or not the Board members agree with this logic he felt that the argument he presented was, in fact, correct. This will in the end hold down the tax bills of citizens even though it will cause the loss of the revenue received from the State. He did not feel it was a silly argument. He thought there were better was of doing it, but it is an attempt to answer the pressure that people have stated against the tax bills that have been rising. His person feeling was that it would actually do something to keep the bills from rising. Ms. Valentino stated that her point of view was not a quick response. It is something she has studied for a considerable amount of time and included the long study that was done over the years when they were considering going to countywide assessment. The money received from the State for keeping assessed values at 100% is because the State recognized that this is the way assessment should be done; it is the honest and straightforward way. Councilwoman Leary agreed with Supervisor Valentino and agreed that the State revenue was not an insignificant amount of money to be losing. She also felt the current system was probably easier for people to understand. Agenda Item No. 5 - Board Member Comments and Persons to be Heard Councilman Engman commented that when he was running for office and sitting in the audience he often could not hear what people at the Board table were saying. He asked that people at the table make sure they speak into their microphones and monitor the audience to make sure that they can hear what is being said. Supervisor Valentino welcomed Jeff Gowie and Patricia Leary to the Board. She encouraged them to call her with any questions they had stating she felt her major responsibility is to make sure that everyone gets the important information they need to make decisions. When the Board has made a majority decision she considers it her obligation to make sure those decisions are implemented. There was no one from the public to address the Board. Agenda Item No. 6 - Consider Approval of the Meeting Schedule for 2006 Supervisor Valentino told the Board that the August meeting has been scheduled for August 14, 2006 because she will be out of town during the week of the regularly scheduled meeting. She asked if any Board members had objection to the August 14^^ date. They did not. January 9,2006 Town Board Meeting Adopted February 13, 2006 TB RESOLUTION NO. 2006- 001: Set Dates for 2006 Town Board Meetings BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves the following schedule for 2006 Town Board Meeting Dates: Monday, February 13, 2006 Monday, March 13, 2006 Monday, April 10, 2006 Monday, May 8, 2006 Monday, June 12, 2006 Monday, July 10, 2006 Monday, August 14, 2006 Monday, September 11, 2006 Thursday, October 5, 2006 Monday, October 16, 2006 Thursday, November 9, 2006 Monday, November 13, 2006 Monday, December 11, 2006 Friday, December 29, 2006 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 10:00 a.m Budget Discussion (Monday, Oct. 9^ is Coiumbus Day) Budget Discussion Year-End Meeting MOVED: SECONDED: Councilman Engman Councilman Cowie VOTE: Supervisor Vaientino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Counciiman Stein, aye. Agenda item No. 7 - Consider Appointment of Deputy Town Supervisor Supervisor Valentino told the Board that she had asked Councilman Burbank to serve as Deputy Supervisor and he had agreed. TB RESOLUTION NO. 2006- 002: Appointment of Deputy Town Supervisor. The Town Board of the Town of Ithaca hereby acknowledges the Town Supervisor's appointment of Will Burbank as Deputy Supervisor to serve at the pleasure of the Town Supervisor. RESOLVED, as Deputy Supervisor, Counciiman Burbank is hereby afforded all duties and responsibilities of the said position as prescribed by Section 42 of Town Law, General Municipal Law, and the Public Officer's Law of the State of New York. Januaiy 9,2006 Town Board Meeting Adopted February 13, 2006 MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, abstain; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 8 - Consider Appointment of Planning Board Chair IB RESOLUTiON NO. 2006-003: Appointment of Planning Board Chair for the Year 2006 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Fred T. Wilcox, III to serve as Chair of the Planning Board for the term January 1, 2006 to December 31,2006. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda item No. 10 - Consider Appointment of Zoning Board of Appeals Chair TB RESOLUTION NO, 2006-004: Appointment of Zoning Board of Appeals Chair for the Year 2006 BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kirk Sigel to serve as Chair of the Zoning Board of Appeals for the term January 1, 2006 to December 31, 2006. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agnda Item No. 11 - Consider Appointment of Planning Board Member TB RESOLUTION NO. 2006-005: Appointment of Planning Board Member BE IT RESOLVED that the Town Board of the Town of Ithaca appoints George Conneman to serve on the Planning Board for the term of office beginning January 1, 2006 through December 31, 2012. MOVED: Councilman Burbank January 9,2006 Town Board Meeting Adopted February 13, 2006 SECONDED; Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 12 - Consider ADDointment of Zoning Board of Appeals Member IB RESOLUTION NO. 2006-006: Appointment of Zoning Board of Appeals Member Harrv Ellsworth BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Harry Ellsworth to serve on the Zoning Board of Appeals for a term of office beginning January 1, 2006 and ending December 31, 2010. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 13 - Consider Appointment of Conservation Board Members TB RESOLUTION NO. 2006-007: Appointment of Conservation Board Members BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the following individuals to the Conservation Board for terms beginning January 1, 2006 and ending December 31, 2007: Melissa Anthony Larry Sallinger Dianne Conneman MOVED: Supervisor Valentino SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 14 - Consider Appointment of Conservation Board Chair TB RESOLUTION NO. 2006-008: Appointment of Conservation Board Chair for the Year 2006 January 9,2006 Town Board Meeting Adopted February 13, 2006BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Dianne Conneman to serve as Chair of the Conservation Board for the term January 1 2006 to December 31, 2006. ' MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 15 - Consider Appointment of Hiahwav Superintendent RESOLUTION NO. 2006-009: Appointment of Highway Superintendent BE IT RESOLVED, Fred Noteboom is hereby re-appointed as Highway Superintendent, for a term continuing until the 1®^ day of January next succeeding the next biennial Town election to wit, January 1, 2008. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda item No, 16 - Consider Appointment of Town Clerk TB RESOLUTION NO. 2006-010: Appointment of Town Clerk BE IT RESOLVED, Tee-Ann Hunter is hereby re-appointed as Town Clerk, for a term continuing until the 1® day of January next succeeding the next biennial Town election to wit January 1, 2008. MOVED: Councilman Cowie SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda item No. 17 - Consider Appointment of Town Engineer TB RESOLUTION NO. 2006-011: Appointment of Town Engineer BE IT RESOLVED, that Daniel Walker, P.E. is hereby re-appointed as Town Engineer and Director of Engineering for a term continuing until the 1®* day of January next succeeding the next biennial Town election to wit, January 1, 2008. 8 January 9,2006 Town Board Meeting Adopted February 13. 2006 MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 18 - Consider Appointment of Receiver of Taxes TB RESOLUTION NO. 2006-012: Appointment of Receiver of Taxes BE IT RESOLVED, Deborah Kelley is hereby re-appointed as Receiver of Taxes, for a term continuing to January 1, 2008. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 19 - Consider Supervisor's Board and Committee Appointments Supervisor Valentino reported having spoken with Mr. Engman and Mr. Cowie about the Town committee structure and looks forward to future discussion. In the meantime she would be keeping the current committees up and running while she Mr. Engman, and Mr. Cowie continue their discussion. Mr. Stein asked for a target date when Supervisor Valentino, Mr. Engman, and Mr. Cowie would report back to the Board. Mr. Engman felt the process would move fairly fast and reported having brought some materials to hand out regarding committee structure. Supervisor Valentino felt there were some legal issues they would need to consider. Mr. Stein proposed that the committee report back by the February Town Board Meeting. Ms. Valentino stated they would give a report at that meeting. Mr. Engman concurred. Mr. Stein stated his understanding that only Town Board members could serve on Town Board committees. He wanted to see the Town abide by that rule. Supervisor Valentino thought there were some different interpretations of that issue and it is one of the things that they will want to look at. It is her understanding that the appointments by the Town Supervisor to committees can only be for committees that are Town Board members, but the Town Board itself can appoint other committees that do have other people on them. Ms. Valentino has noted that Codes and Ordinances, the Transportation Committee, and the Personnel Committee are committees that would be Town Board Committees not the Town Supervisor's Committees. Mr. Stein stated that the resolution in front of them is clearly written as the Supervisor's appointments, not the Town Board appointments, and he did not think the Supervisor could January 9,2006 Town Board Meeting Adopted February 13, 2006 appoint thes© people to committees. He did not believe it was a legitimate set of appointments. Supervisor Valentino stated that she was thinking of the appointments as interim appointments, knowing that there was a problem that they were going to solve shortly. Mr. Burbank asked if Mr. Stein could accept on an interim basis that the Board as a whole could appoint the two committees that have members that are not Board members. Mr. Stein stated he would like to have all the appointments interim. Ms. Valentino asked him why, as Supervisor, she would want to make the ones that are clearly legal be interim. She asked Mr. Stein if there was a problem with the people that are appointed to the committees. Mr. Stein felt that if they were looking at the structure of the committees it seemed to him that one way to recognize this was to make all the appointments interim until they talk about the permanent structure. Mr. Burbank concurred with Mr. Stein that the formal Town Committees have to be just Board members, but there is also the functional reality that the Town needs to have working committees. Regarding the Transportation Plan, Mr. Burbank stated that he did not want to lose the expertise and diversity of input that has been very helpful. Mr. Stein commented that he did not feel it was the best use of the Board Members to have so many of the committees chaired by the Supervisor. He felt that the Board members were all capable of chairing committees and that in the City and the County it is standard procedure for members of the Board to chair committees. He thought it was a good idea, it keeps the Board members more involved in decision-making, and he would like to recomrnend that, as much as possible, the committees be chaired by Board Members. Supervisor Valentino told him she was perfectly willing to do that as people gain experience with the committees as Mr. Engman is doing with Codes and Ordinances, Ms. Gittelman has done with Recreation, and Mr. Burbank will be doing with Transportation. Mr. Stein commented that he was familiar with both Public Works and the Personnel Committee. RESOLUTION NO. 2006-013: Supervisor's Appointments to Boards and Committees for the Year 2006 The Town Board of the Town of Ithaca hereby acknowledges the Town Supervisor's board and committee appointments as interim appointments pending the completion of the review of the structure of the committees, such appointments to be as follows: Capital Projects & Fiscal Planning Committee Catherine Valentino, Chair Herb Engman Peter Stein Codes and Ordinances Committee Catherine Valentino Herb Engman, Chair Patricia Leary Fred Wilcox Eva Hoffmann Kirk Sigel 10 January 9,2006 Town Board Meeting Adopted February 13, 2006 Dlanne Conneman Personnel Committee Catherine Valentino, Chair Jeff Cowie Peter Stein Public Works Committee Catherine Valentino, Chair Sandy Gittelman Peter Stein Recreation and Human Services Committee Catherine Valentino Sandy Gittelman, Chair Will Burbank Records Management Advisory Board Catherine Valentino Pat Leary Transportation Committee Cathy Valentino, Chair until March 31, 2006 Will Burbank, Chair after March 31, 2006 Pat Leary George Conneman Tom Niederkorn MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 20 - Discussion of Boards and Committees The Board reviewed the appointments as presented. Mr. Burbank stated, if they had the capacity under the organization's guidelines, he would like to have another alternative appointed to the Cayuga Lake Watershed Management Plan Intermunicipal Organization. Ms. Leary offered to serve as alternate for the Transportation Council. Mr. Stein asked about the status of the joint Town / City Recreation Facilities Committee. Ms. Valentino stated she did not put it on the list but she was not proposing any changes; she was waiting to see what happens with the City about starting to meet again. 11 January 9,2006 Town Board Meeting Adopted February 13, 2006 TB RESOLUTION NO, 2006-014: Town Board Appointments for the Year 2006 BE IT RESOLVED, that the Town Board of the Town of Ithaca makes the following i appointments for the year 2006: Cavuqa Lake Watershed Management Plan Intermunicipal Organization Will Burbank Herb Engman (Alternate) City and Town of Ithaca Trail Planning Committee Will Burbank Staff Support: Jonathan Kanter, Director of Planning Fred Noteboom, Highway Superintendent Rich Schoch, Parks/Trail Manager Michael Smith, Environmental Planner Cornell Community Waste Management Advisory Committee Catherine Valentino Mary Russell Human Services Coalition Mamie Kirchgessner, Recreation and Youth Coordinator ithaca-Tompkins County Transportation Council Metropolitan Planning Organization Policy Committee Catherine Valentino Pat Leary (Alternate) Ithaca-Tompkins County Transportation Council Metropolitan Planning Organization Planning Committee Jonathan Kanter, Director of Planning (Committee Chair) Fred Noteboom, Highway Superintendent Susan Ritter, Assistant Director of Planning (Alternate) Special Joint Committee (Sewer^ Catherine Valentino Peter Stein Bob Romanowski Lake Source Cooling Date Sharing Committee Herb Engman Staff Support: Jonathan Kanter, Director of Planning Pegasvs Oversight Committee Will Burbank ^ 12 January 9,2006 Town Board Meeting Adopted February 13, 2006 Recreation Partnership Board Catherine Valentino (Alternate) Jeff Cowie Sandra Gittelman Southern Cavuqa Lake Intermunicipal Water Commission Catherine Valentino Mary Russell Tompkins County Joint Youth Commission Sandra Gittelman Diane Jayne Lorraine Moran Tompkins County Environmental Management Council Larry Sallinger MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Councilman Engman distributed a schematic (Attachment #2) detailing his recommendations for committee structure. Mr. Engman's schematic proposed 6 standing committees and then there could be other committees that have some connection to the 6 standing committees. Mr. Engman acknowledged that they might have to try something different with Codes and Ordinances. Supervisor Valentino asked Mr. Engman what he thought his proposed Planning Committee would do. Mr. Engman felt an awful lot of what is done in the Town relates to planning and one example might be the Conifer Realty project that is before the Board at the evening's meeting. Mr. Engman thought the Town Board members were rather late in looking at the project. He understood the Board had looked at it over a year ago when they referred it to the Planning Board. The Planning Committee would get information the same time it goes to the Planning Board and thus be able to get up to speed faster so that the Town Board does not have to, at the last moment, go out and do a field trip to try to see for themselves what is going on. It seems to Mr. Engman there is quite a bit of other planning activity in the Town that the Planning Committee could look at and also at some point it might be possible to reduce the number of other committees if there are overreaching committees. Mr. Burbank offered another answer to what the Planning Committee would do stating the Town's Comprehensive Plan was written in 1993 and needs to be looked over and evaluated to see if the Town wants to undertake a process of updating that plan. Councilman Stein stated he strongly supported the notion of a Planning Committee without really knowing exactly what it will do. It has become clear to him after a year of sitting and listening to what gets talked about that a major occupation of town government is the whole general notion of planning. He does believe that it is important, if a Town Board is to be fully 13 January 9,2006 Town Board Meeting Adopted February 13, 2006 involved in the decision making, that there be a Board committee that all major issues come through. Given that planning is such an important part of the Town's activities it seems to ^ him that there should be a planning committee. Another committee, about internal \ operations, he has similar feelings about. Given that the Town's major expense is salaries somehow a committee to look overall at the way the internal operations go is a good idea. Agenda Item No. 29 — Discuss and Consider Setting a Public Hearing regarding the Property Tax Exemptions for Veterans. Historic Barns, and Certain Home Improvements for Persons with Disabilities The Board agreed to consider setting public hearings for the historic barns and home improvements for persons with disabilities at their January 26*^ special meeting. The Board decided it would not consider the veterans' exemption, leaving the currently allowed exemption as is. Agenda Item No. 30 — Consider Setting a Special Meeting for Discussion of the Hanshaw Road Reconstruction Project TB RESOLUTION NO. 2006- 015: Special Town Board Meeting Regarding the Hanshaw Road Reconstruction Project BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a special Town Board Meeting at Town Hall, 215 North Tioga Street in the City of Ithaca on the 26^^ of January, 2006 at 5:30 p.m. for discussion of the Hanshaw Road reconstruction project. j 'i MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda item No. 31 - Consider Approval of Year-End Budget Modifications. Amendments, and Transfers TB RESOLUTION NO. 2005 - 016: Approval of Budget Transfers. Amendments and Modifications for the Year Ending December 31. 2005 . WHEREAS: In preparation of closing out the budgetary and accounting records of the Town of Ithaca the Town Supervisor and Town Budget Officer have reviewed all over and under expended budgeted expenditures including all over and unearned budgeted revenue for the operating period January 1, 2005 to December 12, 2005, and WHEREAS: This review disclosed certain budgetary revenues and expenditures requiring transfers, amendments or modifications, and WHEREAS: These findings are detailed for this governing Board's review, discussion and approval, and therefore be it 14 January 9,2006 Town Board Meeting Adopted February 13, 2006 TOWN OF ITHACA Budget Transfer, Amendments and Modifications General Townwide Fund Account Description Amount FROM (DEBIT) RESOURCES A1001 Real Property Taxes 83.28 A1082 In lieu of taxes - College Circle Associates 1,124.00 A1083 In lieu of taxes - Ellis Hollow Apts - Conifer 877.09 A1084 In lieu of taxes - Emerson Power Piant 210.60 A1085 In lieu of taxes - Ithaca Elm-Maple Housing 338.20 A1090 Interest & Penalties on tax collections 5,872.71 A1255 Town Clerk Fees 841.93 A1260 Personnel Fees - SCLIWC 31.76 A1555 Dog Enumeration Fees 799.41 A1556 8 PCA Contract Fees 60.00 A2189 Engineering Fees 5,600.72 A2401 Interest Earnings 32,280.80 A2544 Dog License Apportionment 4,699.53 A2610 Justice fines, fees & forfeited baii 133,494.50 A2665 Sale of Equipment 80.00 A2680 Insurance Recovery 340.00 A2701 Refund of Prior Year Expense 11,359.65 A2702 Community Beautification Grant 500.00 A2705 Reimbursed Utilities 1,031.82 A3005 Mortgage Tax 93,920.27 A3061 Sara Grant 4,303.00 A3085 Pew Trail Grant Reimbursements 14,874.48 A3089 STAR Aid 172.10 Total Resources in Excess of Budget $312,895.85 TO (CREDIT) APPROPRIATIONS 15 Town Board A1010.410 Town Justices All 10.200 All 10.400 All 10.406 All 10.408 All 10.420 All 10.482 Town Supervisor A1220.400 A1220.410 January 9,2006 Town Board Meeting Adopted February 13, 2006 Conferences & Travel Equipment Contractual Community Work Study Program Postage Dues & Publications NYS Fees, Fines & Collections Contractual Conferences & Mileage Accountinq/BookkeeDina A1316.408 Auditors A1320.400 Tax Collection A1330.100 A1330.408 Budget Officer A1340.410 A1340.420 Town Clerk A1410.410 A1420.400 Human Resources A1430.410 A1430.422 Postage Independent Auditors Regular Postage Conferences & Mileage Dues & Publications Conferences & Mileage Legal Service Legal Services Conferences & Mileage Employee Mediation Services 153.21 616.20 5,841.03 608.78 119.04 2.00 122,602.50 324.99 410.30 88.98 202.35 237.45 130.35 20.00 241.00 60.70 784.63 278.13 550.00 16 January 9,2006 Town Board Meeting Adopted February 13, 2006 Engineering A1440.400 A1440.404 A1440.450 Contractual Vehicle Maintenance Gasoline Records Management A1460.110 A1460.447 Grant Personnel Codification Updating & Maintenance Buildings & Grounds A1620.200 A1620.241 A1620.400 A1620.409 A1620.413 A1620.440 Equipment Town Hall Furnishing Contractual Water & Sewer BIdg & Grounds Maintenance Personal Protective Equipment Information Technologv A1680.200 A1680.205 A1680.401 A1680.403 A1680.404 A1680.405 A1680.461 A1680.494 A1680.495 A1680.496 Special items A1920.401 A3310.401 A5010.411 A5010.420 Equipment Network Administration Maintenance & Repairs Xerox Copier WCM20 Xerox Copier 2515 Eng Xerox Copier WCM24 Tools & Supplies WLB Annual Support Network Support DSL/ISP/Clarity Connect Taxes/Assessments on Town Real Property Traffic & Transportation Planning Traffic Control at Boynton School Superintendent of Town Hiahwavs Conferences & Mileage I Dues & Publications 77.57 252.97 620.79 140.04 737.91 38.32 90.76 1,577.94 51.04 824.15 7.37 796.37 2,782.79 2,188.72 153.14 14.12 557.63 712.01 100.00 599.00 3,711.52 2,287.00 350.00 129.00 72.60 Hiahwav Garage 17 A5132.415 A7110.101 A7110.402 A7110.404 A7110.410 A7110.509 A7110.513 Telephone January 9,2006 Town Board Meeting Adopted February 13, 2006 Town Parks Highway Employees Maintenance Plantings & Landscaping Conferences & Mileage Coddington Rd Community Ctr Pavilion Tutelo Park Youth Programming A7320.416 Recreation Partnership Land Acouisition A7710.254 Culver Road Property Appropriated Fund Balance A599 Appropriated Fund Balance Total Over Expended and Excess Resources Account General Part Town Fund Description FROM (DEBIT) RESOURCES B1170 B2110 B2115 B2191 B2401 B2680 B3001 B3590 TV Franchise Tax Zoning Fees Planning Fees Development Review Fees Interest Earnings Insurance Recoveries Per Capita Aid Cornell T-GEIS Total Resources in Excess of Budget 252.87 13,082.83 2,741.38 198.08 189.14 2,724.38 2,380.65 373.00 1,200.00 137,609.12 $312,895.85 Amount 14,351.87 83,331.40 5,963.00 97.99 403.46 13,531.00 2,800.00 32,000.00 $152,478.72 n TO 18 January 9,2006 Town Board Meeting Adopted February 13, 2006 (CREDIT) APPROPRIATIONS Independent Auditing AuditorsB1320.400 Legal Services B1420.400 B1420.401 Legal Services - Barney, Grossman, Eta! Legal Services - Susan Brock Information Technoloav B1680.401 B1680.404 B1680.405 B1680.493 Zoning B8010.401 B8010.404 B8010.408 B8010.415 B8010.450 Planning B8020.110 B8020.400 B9056.800 B599 Maintenance & Repairs 2515 Large Document Copier Xerox Copier WCM24 BIdg/Zoning Code Support & Subscription Legal Ads Vehicle Maintenance Postage Telephone Gasoline Student Interns Contractual Disability Insurance Long-Term Appropriated Fund Balance Total Over Expended and Excess Resources 344.90 13,892.69 12,644.00 251.60 14.12 557.62 348.95 179.79 358.17 80.57 723.29 1,068.44 408.44 342.22 9.37 121,254.55 $152,478.72 Account ByPGEaiymRNiii General Part Town Highway Fund Description FROM (DEBIT) Amount RESOURCES 19 DB2301 DB2305 DB2401 DB2680 DB2701 January 9,2006 Town Board Meeting Adopted February 13, 2006 Services - other Snow & Ice Removal - County Interest Earnings Insurance Recoveries Refund of Prior Year Permanent Improvements DB5112.524 DB5112.529 Salem Drive Seven Mile Drive 19,648.51 1,511.31 1.265.19 2,083.00 6.549.20 21,675.37 72,005.90 Total Unexpended Appropriations & Resources in Excess of Budget $124,738.48 TO (CREDIT) APPROPRIATIONS General Government Support Auditing DB1320.400 Legal Services Auditors DB1420.400 legal services Information Technologv DB1680.493 DB1680.495 DB5110.100 DB5110.450 DB5112.450 DB5112.453 Machlnerv DB5130.102 DB5130.460 DB5130.461 Software - Highway Helper Network Support Transportation Regular Salaries & Wages Gasoline, Oil & Diesel Fuel Gasoline, Oil & Diesel Fuel Road Repairs Overtime Wages Vehicle Maintenance Tools & Supplies 1,740.85 3,788.57 6.00 124.00 22,632.74 30,897.13 1,968.76 1,535.71 28.67 6,039.40 5,163.77 n 20 (««S^ January 9,2006 Town Board Meeting Adopted February 13, 2006 Brush & Weed Maintenance & Removal DB5140.110 DB5140.440 DB5140.450 Snow Removal DB5142.102 DB5142.450 DB5142.461 Regular - Benefit Time Wages Personal Protective Equipment Cleaning Services Overtime Gasoline, Oil & Diesel Fuel Tools & Supplies 41,674.87 910.60 162.08 5,917.66 825.48 33.01 Emplovee Benefits DB9045.800 DB9056.800 Life Insurance Disability Insurance - Long-Term Total Over Expended 333.00 956.18 $124,738.48 BiUiHiHiiBi Water Fund Account F1032 F2142 F2144 F2148 F2401 F2701 Description FROM (DEBIT) RESOURCES Amount Water Benefit Units Metered Water Sales Water Service Charges Penalties on Water Billings Interest Earnings Refund of Prior Years Total Resources in Excess of Budget 2,801.00 381,464.41 2,154.10 3,143.99 1,260.05 283.80 $391,107.35 TO (CREDIT) APPROPRIATIONS 21 Auditors F1320.400 Auditors Legal Services F1420.400 Attorneys Information Technoloav January 9,2006 Town Board Meeting Adopted February 13, 2006 F1680.401 F1680.404 F1680.405 F1680.492 Maintenance & Repairs 2515 Large Document Copier Xerox Copier WCM24 GIS Support Transmission I Distribution F8340.102 F8340.400 F8340.410 F8340.415 F8340.450 F8340.471 F8340.486 Water SuppIv F8350.473 F8350.474 F599 Overtime Wages Contractual Electric Telephones Gasoline Scheduled Line Maintenance Water Tank Stations City of Ithaca Forest Home Water Supply-Cornell Pump Station Unappropriated Fund Balance Total Over Expended and Excess Resources BUDGElliiRNAL 258.72 10,904.71 251.19 14.12 557.60 789.69 575.03 4,285.76 18,287.10 1,274.93 469.22 22,597.06 24,690.46 148,556.22 2,826.53 154,769.01 $391,107.35 Account G1030 G2120 G2121 G2128 G2214 G2401 Sewer Fund Description FROM (DEBIT) RESOURCES Sewer Benefit Units Sewer Rents Sewer Rents - Cornell Penalties on Sewer Billings Sewer Connection West Hill Fire Station Interest Earnings Amount 2,763.00 82,846.05 2,474.05 2,130.83 434.00 33,919.99 22 January 9,2006 Town Board Meeting Adopted February 13. 2006 Total Resources in Excess of Budget $124,567.92 TO (CREDIT) APPROPRIATIONS Auditing G1320.400 Auditors 203.18 Legal Services G1420.400 Attorneys - Barney Grossman... Eta! 1,531.36 Central Printing & Mailing G1670.408 Postage 20.19 Information Technology G1680.401 Maintenance & Repairs 251.19 G1680.404 2515 Large Document Copier 14.12 G1680.405 Xerox Copier WCM24 557.60 G1680.492 GIS Support 788.69 Special Items G1910.400 Liability Insurance 2,948.03 Sanitary Sewers G8120.101 Regular Salary & Wages 12,582.29 G8120.102 Overtime 721.92 G8120.400 Contractual 1,222.53 G8120.415 Telephones 555.19 G8120.450 Gasoline 189.51 G8120.482 Village of Cayuga Heights 46,581.00 Employee Benefits G9030.800 Social Security 345.83 G599 Unappropriated Fund Balance 56,055.29 Total Over Expended and Excess Resources $124,567.92 BUiQI^JlDRNlL 23 Account Januaiy 9,2006 Town Board Meeting Adopted February 13, 2006 Risk Retention Fund Description FROM (DEBIT) RESOURCES R2401 Interest Earnings Total Resources In Excess of Budget TO (CREDIT) R599 Unappropriated Fund Balance Total Resources In Excess of Budget BUDGETJOURNAL Debt Service Fund Account Description FROM (DEBIT) RESOURCES V2401 Interest Earnings Total Resources In Excess of Budget Amount 1,098.48 $1,098.48 1,098.48 $1,098.48 Amount 2,015.36 $2,015.36 TO (CREDIT) V599 Unappropriated Fund Balance Total Resources In Excess of Budget 2,015.36 $2,015.38 BUD0EXJOURNAL Capital Project Fund 24 Account January 9,2006 Town Board Meeting Adopted February 13, 2006 Pew Bike Trail Description Amount H7-2401 H7-4089 FROM (DEBIT) RESOURCES Interest Earnings Federal Aid 364.42 27,585.79 H7-599 TO (CREDIT) Unappropriated Fund Balance 27,950.21 BUDOeiiiOMRWli Account Fire Protection Fund Description FROM (DEBIT) SF1085 Ithaca Elm-Maple Housing Inc SF2401 Interest Earnings Total Resources in Excess of Budget TO (CREDIT) SF3410.490 Distributed 2% Fire Tax - City of Ithaca SF3410.493 Distributed 2% Fire Tax - Village of Cayuga Heights SF599 Unappropriated Fund Balance Total Over Expended and Resources in Excess of Budget Amount 186.65 21,892.53 $22,079.18 1,086.65 1,168.11 19,824.42 $22,079.18 RESOLVED: That this governing Town Board approves, authorizes and directs the Town Supervisor and Town Budget Officer to record these budget transfers, amendments and 25 Januaiy 9,2006 Town Board Meeting Adopted February 13, 2006 modifications including any and all other changes deemed appropriate and necessary to close the financial records of the Town for the year ending December 31 2005 ^ n MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, absent Agenda Item No. 32 — Consider Dedication of West Hill Drive and water and sewer utilities TB RESOLUTION NO. 2006- 017: ACCEPTANCE OF A PORTION OF WEST HILL DRIVE FOR DEDICATION AS A TOWN OF ITHACA ROADWAY (Attachment #8 — Draft Agreement between Overlook at West Hill and Town of Ithaca^ WHEREAS, Overlook at West Hill L.P. (the "Developer") has requested the Town of Ithaca (the "Town") to accept a deed, for the Town Highway purposes, by which the Developer will convey to the Town the parcel of land shown as a proposed Town Right-of- Way on Drawing C301 of the construction Drawings for Overlook at West Hill prepared by TG Miller Engineers and Surveyors and dated 20 December 2004, commencing at the westerly edge of The NYS Route 96 Right-of-Way and extending westerly to Station 7+00. The typical width of the Right-of-way is 60 feet between station 1+50 and Station 7+00 and widening to approximately 80 feet between station 1+50 and the NYS right-of-Way, including a 60 foot wide strip centered on station 6+06.8 and extending approximately ! 60 foot to the south; and WHEREAS, the road to be conveyed has not yet been completed to the Town of Ithaca specification; and WHEREAS, The Developer has constructed the roads and storm water facilities to Town of Ithaca specifications with the exception of the final asphalt top which will be completed at a future date approved by the Highway Superintendent after major heavy construction traffic for the subdivision has ended, and WHEREAS, The Developer has entered into an agreement with the Town to complete the road way by October 30, 2006 and has provided financial security to the Town of Ithaca in the amount of $25,000 to be held in the form of a letter of credit until completion of the pavement, such amount being sufficient for the Town of Ithaca to complete the top pavement in the event that the Developer defaults, and WHEREAS, the Town Superintendent of Highways has advised the Town Board that said road has been constructed in accordance with the Town of Ithaca Highway specifications, and WHEREAS, the Town Superintendent of Highways has recommended the acceptance of said parcel for dedication for highway and utility purposes; NOW, THEREFORE, be it n 26 January 9,2006 Town Board Meeting Adopted February 13, 2006 RESOLVED, that the Town Board of the Town of Ithaca hereby accepts as public roadway approximately 700 lineal feet of property in varying widths as set forth above to be known as West Hill Drive subject to the conditions of the road acceptance Agreement submitted at this meeting. MOVED: Councilman Engman SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 33 - Discussion of Association of Towns 2006 Resolutions and Consider Designation of Official Delegate and Alternate Delegate for New York State Association of Towns 2006 Annual Meeting (Attachment #3 - Association of Town 2006 Proposed Legislative Program) The Board received copies of the proposed resolutions in their packets. TB RESOLUTION NO. 2006-018: Official Delegate for Year 2006 NYS Association of Towns Annual Meeting WHEREAS, the NYS Association of Towns Annual Meeting will be held on February 19-22, 2005 in New York City; and WHEREAS, the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting; and WHEREAS, it is necessary for the governing Town Board to appoint an Official Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting; now therefore be it RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints Cathy Valentino, Town Supervisor, as the Official Delegate on behalf of the Town of Ithaca at the 2006 NYS Association of Towns Annual Meeting. MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-019: Alternate Delegate for Year 2006 NYS Association of Towns Annual Meeting WHEREAS, the NYS Association of Towns Annual Meeting will be held on February 19-22, 2006 in New York City; and 27 January 9,2006 Town Board Meeting Adopted February 13, 2006 WHEREAS, the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting; and WHEREAS, it is necessary for the governing Town Board to appoint an Official Alternate Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting; now therefore be it RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints Will Burbank, Councilman, as the Alternate Delegate on behalf of the Town of Ithaca at the 2006 NYS Association of Towns Annual Meeting. MOVED: Supervisor Valentino SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. The Board reviewed the Association's annual resolutions. Councilman Engman stated he was opposed to two of the resolutions: the Wicks Law and Prevailing Wage Item, and the ATV use. Supervisor Valentino expressed concern over the compulsory binding arbitration being taken out. Councilwoman Leary brought the Board's attention to an email from Barbara Lifton inviting town officials to meet on January 27th with her regarding the proposed resolutions. The Board agreed to postpone their discussion of | the resolutions until their February meeting. Agenda Item No. 23 - Public Hearing regarding a proposed Local Law Amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarilv the definition of "Lot" (Attachment #4 - Local Law No. 1 of 2006) Supervisor Valentino opened the public hearing at 7:00 p.m. The hearing was posted and published as required. Travis Cleveland, 134 Danby Road Mr. Cleveland asked for and was given a copy of the proposed law. He asked the Board why the proposed change was under consideration. Attorney Barney told him that the definition of "lot" as it is presently in the Zoning Law talks about "any of land bounded by property lines". The Town has had a couple of situations where there has been a lot that is classified for real estate taxation purposes as a single lot but it has a road or railroad or something running through the middle of it which effectively divides it into two pieces. This has raised issues as to whether somebody has to come in to the Town for a subdivision approval when they have a lot that is physically divided even though it has not necessarily gone through a subdivision process. After some discussion it was felt it would be wise to clarify this problem and define lot in a way that says you have a n defacto lot {turn tape). It will have nothing to do with most people's lots 28 January 9,2006 Town Board Meeting Adopted February 13, 2006 Mr. Cleveland had no further questions or comments and Supervisor Valentino closed the public hearing at 7:06 p.m. Supervisor Valentino asked for discussion from the Town Board. There was none. RESOLUTION NO. 2006- 020: SEQR: Proposed Local Law Amending Chapter 270 of the Code of the Town of Ithaca Entitled "Zoning" to Clarify the Definition of "Lot" (Attachment #5 - SEQR) WHEREAS, this action is the enactment of a local law amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarify the definition of "lot"; and WHEREAS, said proposed local law would amend the definition of "lot" in Section 270- 5 of the Zoning Code to clarify that each part of an area of land divided by a public road or railroad is considered an individual lot for zoning and subdivision purposes, but that any further division of any such part shall occur only in compliance with the applicable subdivision regulations of the Town of Ithaca; and WHEREAS, this is an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of the Town of Ithaca Code, for which the Town of Ithaca Town Board is acting as Lead Agency in conducting an uncoordinated environmental review with respect to the enactment of the above-described local law; and WHEREAS, the Town Board, at a public hearing held on January 9, 2006, has reviewed and accepted as adequate the Short Environmental Assessment Form (EAR), Parts I and 2, for this action, prepared by the 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 and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 25 - Consider Adoption of Local a Law Amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarify the definition of "Lot" TB RESOLUTION NO. 2006 - 021: Resolution Adopting a Local Law Amending Chapter 270 of The Code of The Town of Ithaca Entitled "Zoning" to Clarify The Definition of "Lot" 29 January 9,2006 Town Board Meeting Adopted February 13, 2006 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 Board on January 9, 2006, at 7:00 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE CODE OF THE TOWN OF ITHACA ENTITLED 'ZONING' TO CLARIFY THE DEFINITION OF 'LOT'"; and and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; 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 VVHEREAS, the adoption of this local law is, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the New York State Environmental Conservation Law (which law and regulations thereunder, including the Town=s local regulations, are collectively referred to as "SEQR") an unlisted action, and it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR, and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; NOW, THEREFORE, be it n RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE CODE OF THE TOWN OF ITHACA ENTITLED 'ZONING' TO CLARIFY THE DEFINITION OF 'LOT'" a copy of which is annexed hereto; and it is further RESOLVED, that the Town Clerk be and she hereby is directed to (i) enter said local law in the minutes of this meeting and in the Local Law Book of the Town of Ithaca, (ii) cause a copy or abstract of such local law to be published in the Ithaca Journal as required by law (including Section 265 of the Town Law), and (iii) file a copy of said local law with the Secretary of State of the State of New York. MOVED:Councilman Stein SECONDED: VOTE: Councilman Engman Supervisor Valentino Councilperson Leary Councilperson Cowie Councilperson Burbank Councilperson Engman Councilperson Stein Voting Ave Voting Ave Voting Ave Voting Ave Voting Ave Voting Ave n 30 January 9,2006 Town Board Meeting Adopted February 13, 2006 ^ Agenda Item No. 34 - Consider Water and Sewer Benefit Assessment Refund TB RESOLUTION NO. 2006- 022: Water and sewer Benefit Assessment refund for Tax Parcel 23.-1-11.2. Whereas Mr. Robert Kirby, 103 Grove Rd., Ithaca, NY 14850 was incorrectly assessed for 2 units of water benefit and 2 units of sewer benefit when the actual assessment for Tax Parcel 23.-1-11.2 should be 1 unit for water and 1 unit for sewer, and Whereas Mr. Kirby understands that he must pay the full amount of the Tax Bill as presented and he has agreed to, and Whereas the Director of Engineering has reviewed the tax bill and confirms that the assessment should be 1 unit for water and 1 unit for sewer, now therefore be it Reso/ved that the Town Board of the Town of Ithaca hereby approves a refund of 1 sewer unit charge in the amount of $30.01 to be paid from account G8120.490, and 1 water unit charge in the amount of $80.05 to be paid from F8340.490, for a total refund of $110.06. to be paid to Mr. Kirby upon receipt of his tax payment, and be it further Reso/^ed that the Director of Engineering is directed to cause the benefit assessment for the parcel to be corrected in the benefit assessment roll. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 35 - Discussion of the Board Protocol and Procedures Manual Supervisor Valentino thanked the committee for their work on the manual. Councilman Engman voiced the committee's recommendation that a special time be set aside for presentation of the manual to the Board. Ms. Drake said she was preparing a power point presentation for the Board and the Board considered setting a special meeting. Councilman Stein stated his assumption that at the special meeting the Board would formally review the manual and amend it and consider adoption of the manual. Councilman Engman hoped they would not have to go through the manual paragraph by paragraph but rather that they take each of the recommended changes, discuss them, make a decision on the change, and move on to the next thing. Supervisor Valentino requested that comments be submitted in writing prior to the meeting so that Board members could review them in preparation for the meeting. Councilwoman Leary requested that there be opportunity for discussion as they go ^ through the manual as it may be hard for her to write every single point; it might be easier for her to mark up the manuscript and bring the issues up as they proceed with the review. 31 January 9,2006 Town Board Meeting Adopted February 13, 2006 TB RESOLUTION NO. 2006- 023: Special Town Board Meeting Regarding Board Protocol and Procedures Manual BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a special Town Board Meeting at Town Hall, 215 North Tioga Street in the City of Ithaca on the 6*"^ of February, 2006 at 7:00 p.m. for discussion of the Board Protocol and Procedures Manual. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 26 - Public Hearing regarding a Local Law Amending Chapter 270 of The Code of The Town of Ithaca to Rezone a Portion of Tax Parcel No. 27.-01-13.12 Located Off of N.Y.S. Route 79 From Medium Density Residential to Multiple Residence (Conifer Village Ithaca Senior Living Community) (Attachment #6 - Local Law No. 2 of 2006. Memo from J. Kanter. Materials from Conifer Realtvl Supervisor Valentino opened the public hearing at 7:15 p.m. The hearing was posted and published as required. There was no one present to address the Board. John Fennessev. Conifer Realty LLC Mr. Fennessey introduced himself, Carol Olster (Conifer), and Stacey Crawford (Better Housing for Tompkins County). Mr. Fennessey briefly reviewed Conifer's proposal with the Board: to rezone a portion of tax parcel no. 27.-01-13.12 for a 72-unit building to serve the elderly. The Board received photographs of a balloon exposition where balloons were raised to the height of the proposed building and photographed from around the area. In terms of life safety, Mr. Fennessey indicated a proposed road and told the Board they had worked out an arrangement with DOT and the Ithaca Fire Department for access of emergency vehicles. Mr. Fenessey then showed the Board how the parcel under discussion relates to the adjoining Ransich property and their plans for dealing with an existing wetlands on the site. Mr. Fennessey ended his comments and introduced Ms. Oster to the Board. Carol Oster, Conifer Realty, LLC Ms. Oster told the Board they are hopeful to be under construction next fall. They have made application to New York State Division of Housing for financing for the project. There are a number of ways to make their application competitive and the wish to do so is driving some of the requests to the Town Board. Ms. Oster told the Board that keeping the project's rents as low as possible is Conifer's goal and the State's goal. Ms. Oster stated that Conifer thought they were building a very attractive building, a unique building to Ithaca. There is extensive community space within the building plan. They are "showing" a doctor's office, exercise room, computer room, and community room. There will be a central laundry facility along with hookups in each unit. One and two bedroom units, each with balcony or patio, are planned. There will be an elevator servicing the building. There are sidewalks leading to 32 January 9,2006 Town Board Meeting Adopted February 13, 2006 Conifer Drive, a sidewalk extending next to the road, and Teat sen/ice planned to come right to the building. Ms. Oster asked for questions from the board. Supervisor Valentino closed the public hearing at 7:30 p.m. Ms. Leary reported having asked, during the Board's recent site visit, about the possibility of a second elevator. She asked Ms. Oster if that had been discussed and whether a second elevator would be possible. Ms. Leary stated that in her experience with elderly housing the elevator is often a bottleneck for the elderly. Ms. Oster responded by telling Ms. Leary that Conifer manages 7,500 units in five states and has developed 15,000 units. She reported Conifer felt strongly that one elevator was sufficient. They did agree it could not be a small elevator and should be able to handle possible two wheel chairs. Ms. Oster told the Board that there are stairwells if someone chooses to walk up and added that Conifer is currently doing a rehab at Ellis Hollow where they are adding an elevator and acknowledged that building needs do change; the population within the building changes. If they find that they need a second elevator they will add one. Mr. Stein asked Ms. Oster what they do when the elevator doesn't work, what provides backup transportation for elderly people. Ms. Oster told him that, similar to any mechanical item in the building, they have a service contract. Service people will come out regularly to maintain the elevator. If the elevator were not working they would make a phone, the same as any emergency situation, to get a repair. They do plan to have an emergency generator so that if the power were out the elevator would still operate. In response to questions from the Board regarding compliance with the building code, Mr. Walker stated that this project was an independent facility. If it was a nursing home or extended care facility they would probably require more elevators. When the plans are submitted they will be checked for compliance with the building code. Ms. Leary cited Titus Towers as an example that she was familiar with. That facility was independent living, but it was brutal waiting for an elevator and if an elevator ever does go out of service it is really good to have the back up of a second elevator. Ms. Leary felt it would be a good idea to have a second elevator if at all possible. Mr. Engman reported that the site visit alleviated most of the concerns that he had, but he wanted to make sure two things were in writing. One is that the housing units would be made available for the 50-year period for low income. Ms. Oster told him that they put that in their application to the State; committing to the New York State Division of Housing for 50 year affordability. However, the Town Zoning Ordinance says 15 years. There was some discussion that the terms of the PILOT should coincide. Mr. Barney reported that the Zoning draft had a 15-year period. Mr. Barney reported having had discussions with Susan Jennings, Conifer's attorney, and they were comfortable with the Town doing a 15 year PILOT and a 15 year period in the local law or, depending on how the Board chose to proceed, the Town could vary the local law and change it to 40 years or 50 years and make the PILOT the same period of time. It seemed to Mr. Barney appropriate to have a correlation between the local law and the PILOT agreement. 33 January 9,2006 Town Board Meeting Adopted February 13, 2006 Mr. Engman's second question had to do with wetlands mitigation. Mr. Engman asked that somewhere in the agreement it be stated that there will be an expert wetlands consultation for the development of the ponds stating that mere ponds are not wetlands mitigation. Mr. Kanter did not think it was specifically written as a condition by the Planning Board so the Town Board might want to consider adding that statement in a resolution. The Town Board that a certified wetland consultant be consulted to make sure the plan would work. Mr. Burbank asked for the current permitted level of use in terms of the number of people that could be there and the number of cars generated relative to this plan. Mr. Kanter stated the site is roughly 9 +/- acres in size. The Medium Density Residential zoning would allow roughly 3 34 units per acre, roughly 30 to 35 dwelling units. Regarding traffic, and the Planning Board did discuss this at length, the population you will find in these apartments is typically a lower traffic generating kind of a population than you find in a typical single-family unit and the actual traffic generation figures used in the traffic analysis were reflective of that. Typically in a single-family house you would have up to 10 vehicle trips per day, in these apartments it was a fair reduction from that, probably in the range of 7 or 8 trips per day. Also, this would be served directly by Teat. Mr. Burbank asked if there were accommodations for a bike path that would connect over to Bundy Road. Ms. Oster stated it was not currently in the plan. Mr. Fennessey told the Board that whenever the development gets completed, sometime in the future, when they get over to Bundy Road, there would be the idea of being able to bicycle through the development. Mr. Burbank asked if there would be any ability to reserve a corridor that would be consistent with the proposed bikeway. Mr. Fennessey told him a connecting corridor, yes. There would be space along the roadway. Mr. Cowie stated that the idea had been floating around to change the white to more of an earth tone and wonder if that was happening. (Reply was inaudible) Mr. Cowie asked if there had ever been any thought about putting the parking lot behind the building, rather than in front of it as viewed from the east. Mr. Fennessey stated that they did take a look at that, the topo changes fairly dramatically. They went through many many scenarios to come to this configuration. He did not disagree, it might have been nice if they could have moved it forward more. They fought the topo all the way along the line here and this is the best compromise they came up with, moving the least amount of dirt, and making it as little disruptive to the environment there as possible. Mr. Burbank asked for confirmation that the Town Board was being asked to support a PILOT agreement so that an application can be made to the New York State Division of Housing. Ms. Crawford told him that was what was being asked. He asked Ms. Crawford what the Division of Housing's role was in the decision making process. Ms. Crawford told him that they were the grantors of the tax credits. The application is for a low income housing tax credits and also State low income housing credits. They are the ones to give the authority to have the banker/investor to have a tax credit in exchange for funding the construction of the property. It's a very competitive round. The project would be in competition with others around the State. Mr. Burbank asked if the project's viability was dependent upon getting (turn tape) 34 r-i January 9, 2006 Town Board Meeting Adopted February 13, 2006 Supervisor Valentino stated that the strongest proposal that Conifer could put forward would have the Town of Ithaca showing its commitment to the project by offering the PILOT. The PILOT reduced the rent by $32.00 per month for people with low incomes. Because the tax rate is so low in the Town of Ithaca the impact on us, on property taxe revenues will not be that significant. They still have to pay the full fire tax, which is our bigger tax. Ms. Crawford stated Ms. Valentino was correct that the more commitment by the Town to the project the better chance it has of being successful. The rents may change a little bit by the time it gets funded but right now it looks like it would be a difference of $27.00. Some things can make the project cost more or less. Material costs have been rising a lot lately and fluctuations like that might impact something. Mr. Burbank asked how those savings in rental cost would that change over time? Five years from now would that $27.00 figure remain the same? How does that work? Ms. Oster told him that they commit to an affordability range. When they get residents they have to qualify them on their income and when they go for a rent increase it has to be approved by the State. They have to show a detailed operating budget. The rents currently are pegged at 48% to 61 % of area median income and they hold us to that affordability range and they do come out and monitor. Conifer can't just increase the rents, the State has to approve any increase. They put together an annual budget, utility costs go up, maybe special district charges go up, and present that to the State. All the rents are limited by the area median income and further by the affordability presented in their application. Rents can go up to 60% of area median income adjusted for family size and unit size on half of the units, and under 90% for the remaining half of the units. On top of that they also have to stay within this affordability range. Ms. Valentino told the Board that the Town has the authority to review those things through the PILOT agreement. In response to questions from Mr. Cowie, Ms. Crawford voiced her support of the project and cited County studies indicating the need for affordable house. Ms. Valentino - Herb, did you say you had some comments. Engman indicated he thought it was a good project, badly needed for the community. There are some things that he would have changed if I he had the power to do so. He felt the 3- story building was going to draw some attention and suspected, when it is built. Town Board members are going to get some calls from people saying how visible it is because of it's size and mass. He thought Board Members would have to be prepared to accept those phone calls. He stated he thought the affordable nature of most of the structure was what sold it to him. He reiterated his concern about the wetlands mitigation. Mr. Engman was perplexed by the walkways. They don't go all the way around the building and those that do are right beside the parking lot. It did not seem to him that it's a good situation for seniors that want to go out and take a stroll because you have to kind of go and then back track. He realized eventually there may be other connections for people, but for the people that move in right away their walking is going to be very limited and unattractive. He would think for 55 year olds and up you'd want to get them out and exercising and walking and this plan just doesn't do it. He was disappointed in that. It was not enough to overwhelm his vote on the issue but he wished that there had been a better walking and walkway plan in the development. 35 January 9,2006 Town Board Meeting Adopted February 13, 2006 Supervisor Valentino stated she tended to agree with Mr. Engman on that. _ rn Mr. Burbank amplified that concern. One of his major concerns is the project is increasing the density level and bringing in a lot of cars. He is willing to accept Mr. Kanter's statement that the people likely to live in the project are going to make fewer vehicular trips, however, it is bringing a lot of additional traffic into the area. He really hoped that Conifer could integrate more walkability into the design. He knew Conifer was planning another single-family residential complex in this same area. Regarding elevators, Mr. Burbank stated that they do break and they need to be serviced. If people are living on the third floor, what do they do? Stacey Crawford replied by telling him it goes with the territory. The properties that they manage for seniors are all two-floor and most of them don't have real elevators, they have "elevets". Back when a lot of properties were built 20 years ago the main funding mechanism was USDA rural development and they wouldn't let you put an elevator into your design plan. Ms. Crawford was encouraged by the generator. Ms. Leary acknowledging that in years passed they didn't allow elevators, she is asking that they try to be ahead of the curve and encourage Conifer to put the second elevator in now while doing the initial construction. That's the cheapest way to do it. It's a real benefit to have the second elevator and a real quality of life issue. Mr. Cowie stated he was sympathetic to the second elevator but wondered how a $45,000 fn additional cost would increase rents. Ms. Oster told him that offhand she did not know. i Mr. Fennessey told the Board that they are the ones that are going to be the losers if the tenants aren't happy. They have got seventy-five units and one elevator and it's not a problem. He agreed that they have to take this into consideration but to spend the money up front would be deleterious to their intent to keep this as economical as possible for the tenants. He agreed they should have a provision for how they would build it in the future if the demand is there. Additionally, the sidewalk is an important thing that they will keep in mind. Councilman Stein took a bit of an objection to statements regarding a contract to fix the elevator quickly and back up power. His experience in a building that needs an elevator is that power shortages tend to be resolved very quickly, but elevators are not, and when the elevator goes out it can take a day or two to repair it. Mr. Burbank asked Ms. Valentino or Mr. Kanter to walk through the different decision making points relative to the project. She reviewed those steps as follows: 1) Consider adoption of a local law changing the zoning to allow for the building to happen. This resolution should be amended to include the Town Board's requests l l regarding the elevator, the sidewalks, and the bike path. 2) Consider the supporting application and PILOT agreement 36 January 9,2006 Town Board Meeting Adopted February 13, 2006 3) Approval from the Town Board to send a letter of support 4) The application will go to the Zoning Board of Appeals for a height variance 5) Then back to the Planning Board for final site plan details as which time Board requests could be incorporated into the plan. Mr. Burbank asked for confirmation that this was the one point at which the Town Board has any say on the project; after this point if the Town Board approves the project it is up to the Planning Board. Mr. Burbank's overall concern is the density and adding more car centered life. He did not know if those concerns were enough to vote against the local law, but he stated he was very uncomfortable and would be more comfortable if he had some sense that his concerns were taken seriously and dealt with later. Mr. Cowie commented that the idea had been put forth regarding a small commercial establishment that would help reduce traffic and provide a place for people to do short errands. Rezoning a small part for commercial use could also perhaps provide more walking community type atmosphere. Supervisor Valentino stated they had talked about that and it would definitely fit in with the planning for West Hill, to try to make those things happen. Ms. Leary asked if the Town Board's discussions and concerns would be conveyed to the Planning Board. Mr. Kanter thought it could be more than conveyed, it could be incorporated into the Town Board's resolution. Mr. Stein thought it was important for the Town Board to have a formal way to talk to the Planning Board; but equally important is to have a formal way for the Planning Board to respond to the Town Board. Mr. Stein knew the Town Board had made suggestions to the Planning Board and was sure that the Town Board got back an answer in some form or other, but it was not a form that attracted his attention. He thought that if the Town Board did make a recommendation to the Planning Board they ought to formally get a response from the Planning Board regarding their disposition of the recommendation. Mr. Stein felt they had not had that before. Ms. Valentino thought they did come back in the minutes and Mr. Kanter's monthly report, but they probably need it so that it draws their attention. Mr. Kanter commented that the Planning Board chair was present at the evening's meeting and there can and should be a dialogue between the Town Board and the Planning Board, adding that is what chairs and liaisons are for. The Board reviewed the resolution they received in their packets for adoption of the local law. The local law as drafted and advertised was 15 years for the tax abatement. Mr. Barney was uncomfortable changing that without holding another public hearing. If they wanted to change that to 40 years they would need to hold another public hearing. Ms. Oster told him that Conifer would like the zoning to be the same as the PILOT. Mr. Barney told her the only way to do that would be to put the PILOT at 15 years and then consider extending the PILOT at a later time. There's nothing saying they can't come back a month from now and request an amendment to the zoning ordinance change and an amendment to the PILOT. Ms. Oster told him that Conifer thought 15 for each would be fine for now and they would come back. 37 January 9,2006 Town Board Meeting Adopted February 13, 2006 Mr. Barney asked the Board if they wanted to include the discussed conditions in the p*. adoption resolution. Mr. Barney reviewed those conditions with the Board. ^ TB RESOLUTION NO. 2006 - 024 : Resolution Adopting a Local Law Amending Chapter 270 of the Town of Ithaca Code to Rezone a Portion of Tax Parcel No. 27.-01- 13.12 Located Off of NYS Route 79 From Medium Density Residential to Multiple Residence 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 Board on January 9, 2006, at 7:15 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE TO REZONE A PORTION OF TAX PARCEL NO. 27.-01-13.12 LOCATED OFF OF N.Y.S. ROUTE 79 FROM MEDIUM DENSITY RESIDENTIAL TO MULTIPLE RESIDENCE"; 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 VVHEREAS, the adoption of this local law is, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the New York State Environmental Conservation Law (which law and regulations thereunder, including the Town's local law, are collectively referred to as "SEQR"), a Type 1 Action, and WHEREAS, the Town Planning Board was designated Lead Agency for the review of the environmental impacts of the local law and the project to which the local law relates; and WHEREAS, it has been determined by the Town Planning Board that the proposed actions, including adoption of the proposed local law, will not have a significant environmental impact and could be processed without the preparation of a Draft Environmental Impact Statement; and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE TO REZONE A PORTION OF TAX PARCEL NO. 27.-01-13.12 LOCATED OFF OF N.Y.S. ROUTE 79 FROM MEDIUM DENSITY RESIDENTIAL TO MULTIPLE RESIDENCE" a copy of which has been submitted to, and reviewed by the Town Board as provided by the Municipal Home Rule Law; and it is further ' 38 January 9, 2006 Town Board Meeting Adopted February 13, 2006 RESOLVED, that the Town Clerk be and she hereby is directed to (i) enter said local law in the minutes of this meeting and in the Local Law Book of the Town of Ithaca, (ii) cause a copy or abstract of such local law to be published in the Ithaca Journal as required by law (including Section 265 of the Town Law), and (iii) file a copy of said local law with the Secretary of State of the State of New York; and it is further RESOLVED, that this Board strongly urges the Planning Board, upon its consideration of final site plan approval, to include the following: 1. Extension of the walkways to provide more reasonable exercise and walking opportunities 2. Require a certified wetlands consultant to provide a complete and adequate plan for construction of replacement wetlands and require the replacement wetlands to be constructed in accordance with such plans 3. Reserve an off-road bikeway corridor on the final site plan through the project to permit connection to a bikeway on the property on the north. 4. That the Planning Board requests that the Developer make provisions for a possible future second elevator should the need for same become apparent after occupancy of the project; and it is further RESOLVED, that this Board request the Planning Board to present a report as to the manner the Planning Board handled the requests above. MOVED: Councilwoman Leary SECONDED: Councilman Cowie Vote: Supervisor Valentino Voting Aye Councilperson Burbank Voting Ave Councilperson Engman Voting Ave Councilperson Stein Voting Ave Councilperson Leary Voting Ave Councilperson Cowie Voting Ave Agenda Item No. 28 - Consider Supporting the Application of Ithaca Senior Living. LLC to the New York State Division of Housing and Communitv Renewal to Obtain the Funding Assistance Necessarv to Construct the Conifer Village at Ithaca and Supporting a Pavment in Lieu of Taxes The resolution provided in the Board packets did not have the additions that Conifer had requested. Those additions were: a) in the second "whereas" adding "or related entity necessary to carry out the PILOT agreement"; b) adding in the third "resolved" the phase "to include a 15 year agreement term and payment in lieu of town, county, and school taxes" and "but not in lieu of special district charges based upon 10% of the net rent". Ms. Leary questioned the use of "very low" in a description of the rent range. Ms. Oser confirmed that, as used, the phrase was right. 39 January 9,2006 Town Board Meeting Adopted February 13, 2006 TB RESOLUTION NO. 2006-025: Supporting the application of Ithaca Senior Living. LLC to the New York State Division of Housing and Community Renewal to obtain the funding assistance necessary to construct the Conifer Village at Ithaca and Supporting a Payment in Lieu of Taxes WHEREAS, Conifer Realty, LLC, will be submitting an application to the New York State Division of Housing and Community Renewal ("NYS DHCR") for the funding assistance necessary to construct the Conifer Village at Ithaca Apartments; and WHEREAS, Ithaca Senior Living, LLC (or related entity necessary to carry out the Pilot Agreement) will operate the facility as housing for the elderly of very low to moderate income; and WHEREAS, the Conifer Village Ithaca Senior Living Community complements the Town of Ithaca's Comprehensive Plan's housing goals: "To promote the availability of diverse, high quality, affordable, and attractive places for people to live" as a goal. The third objective of this goal is to have "Opportunities for affordable housing". NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby finds that it is in the best interest of the Town to support the development of affordable housing for the elderly; and it is further resolved, that the Town Board of the Town of Ithaca does hereby support the funding application of Conifer Realty, LLC to NYS DHCR for the development of the Conifer Village at Ithaca and encourages NYS DHCR to approve the funding assistance necessary to implement the proposed improvements; and it is further RESOLVED, that the Town Board of the Town of Ithaca does hereby agree to entering into a PILOT agreement if the request for funding assistance from NYS DHCR is approved, subject to the specific terms and conditions of said agreement being approved by this Board to include a 15 year agreement term and payments for town, county, school taxes based upon 10% of the net rents (gross rents, less vacancies and utilitites) plus special district charges; and it is further RESOLVED, that the above statements of support are based upon the facts presented to the Town and the assurance of Ithaca Senior Living, LLC, that Conifer Village at Ithaca will continue to be operated as affordable housing for the elderly. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Supervisor Valentino was given authority from the Board that to send a letter of support to the New York State Division of Housing and Community Renewal in support of the project. Agenda Item No. 36 - Consent Agenda Ms. Leary pointed out that on page 3 of the draft minutes the word "commendation" should be "condemnation". 40 p January 9,2006 Town Board Meeting Adopted February 13, 2006 Mr. Engman asked that the following be added to the end of the first paragraph on page 29 of the minutes: "Mr. Lesser asked if Mr. Engman could suggest some wording and Mr. Engman responded that he would." Mr. Engman asked that the resolution naming the Ithaca Journal as the official newspaper be pulled citing something Mike Lane did at the County Legislature. Mr. Lane voted against naming the Ithaca Journal as the newspaper of records because, Mr. Lane said, the Ithaca Journal had agreed at one point to put the legals at the beginning of the classified section. As one who reads the legals every day, Mr. Engman stated he sometimes has trouble finding them. As a person protest, Mr. Engman stated he would be voting against the naming of the Ithaca Journal as the newspaper of record. The Board pulled that resolution for separate consideration. Mr. Burbank hoped that in subsequent years the Town would have the ability to utilize the Alternatives Credit Union for some of the banking needs. Supervisor Valentino agreed with him. Supervisor Valentino and Mr. Carvill asked that M&T Bank be removed from the resolution designating official depositories. Mr. Stein asked that Tompkins County Trust be correctly listed as Tompkins Trust Company in that same resolution. IB RESOLUTION NO. 2006- 026: Consent Agenda Items. BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items with the exception of the designation of the official newspaper, which was pulled for individual consideration. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-26a: Town Board Minutes of December 12, 2005 WHEREAS, the Town Clerk has presented the minutes for Town Board Meeting held on December 12, 2005 to the governing Town Board for their review and approval of filing; now therefore be it RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meeting held December 12, 2005 as corrected at the January 9, 2006 board meeting. MOVED: Councilman Engman SECONDED: Councilman Burbank 41 January 9,2006 Town Board Meeting Adopted February 13, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. M TB RESOLUTION NO. 2006-26b : Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1575-1636 General Fund Townwide $ 68,461.52 General Fund Part Town $ 25,727.32 Highway Fund Part Town $ 35,623.79 Water Fund $ 34,765.32 Sewer Fund $194,870.12 Risk Retention Fund $ 1,373.00 Forest Home Lighting District $ 191.58 Glenside Lighting District $ 68.59 Renwick Heights Lighting District $ 69.26 Eastwood Commons Lighting District $ 110.75 Clover Lane Lighting District $ 66.66 Winner's Circle Lighting District $ 55.70 Burleigh Drive Lighting District $ 90.95 Westhaven Road Lighting District $ 238.25 Coddington Road Lighting District $ 89.08 TOTAL: $361.801.89 MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-28c: Bolton Point Abstract. WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and 42 Januaiy 9,2006 Town Board Meeting Adopted February 13, 2006 WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 762-765, 838-906,1-2 Check Numbers: 8725-8728, 8802-8872 Operating Fund $250,559.46 1998 SCADA Capital Project $ 2,161.09 2000 Bolton Road Project $ 7,651.14 2002 Office Space Addition $ 9,422.07 2003 East Hill Water Tank Project $ 57,461.72 Operating Fund $ 46.141.91 TOTAL $373.397.39 MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-026d: Year 2006 Processing Vouchers/Invoices Deadline Dates WHEREAS, to facilitate an efficient and timely method for processing vouchers/invoices for the monthly abstracts it is necessary to establish a deadline for submission of vouchers/invoices by vendors, staff, and other service people; and WHEREAS, the Accounting Department has determined that one week is needed to properly prepare the vouchers/invoices for approval of the Town Board at their monthly meeting; now, therefore, be it RESOLVED, the Town Board does hereby adopt the following schedule for the year 2005 as the last date by all vendors, staff, and other service people to submit vouchers/invoices to the Accounting Department for presentation to the Town Board on the Abstract Date: Processing Voucher/ **For Abstract Date: Invoice Deadline Dates: 43 January 9,2006 Town Board Meeting Adopted February 12, 2006 Friday. January 27, 2006 Monday, February 13, 2006 Friday. February 24, 2006 Monday, March 13, 2006 Wednesday. March 29. 2006 Monday, April 10, 2006 Friday. April 28, 2006 Monday, May 8, 2006 Tuesday. May 28, 2006 Monday, June 12, 2006 Wednesday. June 28, 2006 Monday, July 10, 2006 Friday. August 4, 2006 Monday, August 14, 2006 Wednesday. August 30, 2006 Monday, September 11, 2006 Wednesday. September 27, 2006 THURSDAY, October 5, 2006 Monday. October 30, 2006 THURSDAY, November 13, 2006 Wednesday. November 29, 2006 Monday, December 11, 2006 Wednesday. December 27, 2006 FRIDAY, December 29, 2006 **Abstract date is synonymous with Town Board meeting date. BE IT FURTHER RESOLVED, vouchers/invoices must be submitted no later than 12:00 p.m. on the Processing Voucher/Invoice Deadline Date; and it be further RESOLVED, any emergency or extraordinary vouchers/invoices will be considered as deemed appropriate by the Chief Fiscal Officer and the Budget Officer. MOVED: Councilman Engman SECONDED: Councilman Burbank i VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-026e : Cash Management and Investment Policies and Procedures for 2006 (Attachment #9 - Cash Management and Investment Policies and Procedures for 2006^ BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby adopts the Town of Ithaca Cash Management and Investment Policies and Procedures for the year 2006. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-026f: Official Bonds For Town Officers & Emplovees BE IT RESOLVED, by the Town Board of the Town of Ithaca, that the Faithful Performance Bonds for the Town Officials and Employees for the year 2006 are approved as followed: 44 January 9,2006 Town Board Meeting Adopted February 13. 2006 Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Budget Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 Town Clerk $25,000.00 Town Justice, James Salk $25,000.00 Town Justice, David Klein $25,000.00 Highway Superintendent $25,000.00 All Other Employees (Per Person)$25,000.00 Forgery & Alteration $5,000.00 MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. IB RESOLUTION NO. 2006-026q : Agreement For The Expenditure Of Hiahwav Monies (Attachment #10 - Agreement for the Expenditure of Highway Monies for 2006) WHEREAS, pursuant to the provisions of Section 284 of the Highway Law a governing Town Board is required to enter an agreement with the Highway Superintendent outlining the expense of monies levied and collected in the town for the repair and improvement of highways, and for monies received from the State of New York for State Aid for the repair and improvements of highways; now, therefore, be it RESOLVED, this governing Town Board hereby approves, adopts and authorizes the "Agreement for the Expenditure of Highway Monies", for the year 2006 as prepared by the Highway Superintendent MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006-026h: Reappointment Deputy Highway Superintendent BE IT RESOLVED, that confirming the appointment made by the Town Highway Superintendent, Eugene Redman be re-appointed as Deputy Highway Superintendent to serve at the pleasure of the Town Highway Superintendent. MOVED: Councilman Engman SECONDED: Councilman Burbank 45 January 9,2006 Town Board Meeting Adopted February 13, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; _ Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. M TB RESOLUTION NO. 2006-0261 : Reappointment Of Deputy Town Clerk/Deputv Receiver Of Taxes BE IT RESOLVED, that confirming the appointment made by the Town Clerk, Carrie Coates Whitmore be reappointed as Deputy Town Clerk to serve at the pleasure of the Town Clerk, and be it further RESOLVED, that confirming the appointment made by the Receiver of Taxes, Carrie Coates Whitmore shall also assume the duties and responsibilities as the Deputy Receiver of Taxes to serve at the pleasure of the Receiver of Taxes. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO. 2006- 026i: Reappointment of Deputy Town Clerk BE IT RESOLVED, that confirming the appointment made by the Town Clerk, John Coakley be reappointed as Deputy Town Clerk to serve at the pleasure of the Town Clerk. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. TB RESOLUTION NO, 2006- 027: Designation of Official Newspaper BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby designates the Ithaca Journal as the official newspaper for the Town of Ithaca for the year 2006; and, be it further RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Ithaca Journal. MOVED: Supervisor Valentino SECONDED: Councilman Burbank 46 January 9,2006 Town Board Meeting Adopted February 13, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, nay; Councilwoman Leary, nay; Councilman Cowie, aye; Councilman Stein, aye. IB RESOLUTION NO. 2006-028 : Designation of Official Depositories of Town Funds BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby designates Tompkins Trust Company and as the official depositories for monies coming into the hands of the Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2006; and, be it further RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Tompkins Trust Company and M&T Manufacturers and Traders Trust Company. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye. Agenda Item No. 37 ~ Reports of Town Committees There were no reports from Town Committees Agenda Item No. 38 - Reports of Intermunicipal Oraanizations There were no reports from Intermunicipal Organizations. Agenda Item No. 38 - Reports of Town Officials (Attachment #11 - Monthlv Reports of Town Officials) Highway Superintendent Councilman Burbank reported occasionally seeing grates on some of the road lifted up presumably to let water in and wanted to know if the Town went around and lifted them up. Mr. Noteboom told him that the Town has done that on occasion when there has been a problem with leaves plugging things up and then go back around and after an replace them. Mr. Burbank commented that it could cause a problem for a bicyclist if the Town did not go around and return them to their proper place. Mr. Stein asked if the Town had notified Ms. Bailey of their decision. Ms. Drake told him that she had. Director of Planning Councilman Burbank asked Mr. Kanter if the Drake subdivision was basically a suburban development without water and sewer. Mr. Kanter told him that it was at the density of the agricultural zone, a cluster of 12, 2-acre lots on 90 acres, served by wells and septic systems. 47 January 9,2006 Town Board Meeting Adopted February 13, 2006 Human Resources Manager Ms. Drake reported that they were doing interviews at Bolton Point for a distribution operator. A ratification of Bolton Point's appointment to this position will be coming before the Board at a subsequent meeting. Agenda Item No. 40 - Review of Correspondence Supervisor Valentino brought the Board's attention to a letter from David Squires regarding Lake Side Nursing Home. The letter is basically telling the Town that it might be liable for 3 years of taxes that the County did not collect. Ms. Valentino stated she was asking the attorney to look at the issue. Mr. Carvill reported that Lakeside had engaged the services of Mr. Rustwick who has agreed with Lakeside that their assessment should have been lower. Mr. Barney reported that there were a number of facts that the Town does not yet know. One of them is whether Lakeside grieved the final assessment within the required time. If not there is some question whether they can now raise an issue. Additionally, Mr. Barney did not know how "Dick" got to his number. Typically these cases are done through a certiorari proceeding when there are appraisals done on both sides. Mr. Barney could not fathom how they were able to come up with a number absent an appraisal. There is some digging to be done to determine whether there is significant merit, both procedurally and substantively, to the case. Agenda Item No. 21 - Discuss Arrangements and Appointment of Attornev for the Town Supervisor Valentino brought the Board's attention to a confidential letter from Mr. Barney outlining his resignation and the transition process. TB Resolution No. 2006-029: Accepting John Barney's Arrangements for Transition of Legal Counsel for the Town for the Year 2006 BE IT RESOLVED that the Town Board of the Town of Ithaca accepts John Barney's Arrangements for Transition of Legal Counsel for the Town for the Year 2006. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye Supervisor Valentino told Mr. Barney how much she appreciated working with him and everything that he has done for the Town. Mr. Barney's firm has given something like 52 years of service to the Town. Transitioning to a new attorney is going to be a big hell to climb. 48 January 9,2006 Town Board Meeting Adopted February 13, 2006 Mr. Wilcox asked, for the record, which members of the Town Board were against retaining ^ Mr. Barney in 2006 stating he did not know if he question was in order. Ms. Valentino told him the request was not in order. IB Resolution No. 2006-029: Accepting John Barney's Arrangements for Transition of Legal Counsel for the Town for the Year 2006 (Attachment #7 - John Barney's Arrangements for Transition of Legal Counsel for the Town for the Year 2006) BE IT RESOLVED that the Town Board of the Town of Ithaca accepts John Barney's Arrangements for Transition of Legal Counsel for the Town for the Year 2006. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye Agenda Item No. 22 - Consider Confirmation of Legal Arrangements with Susan Brock (Attachment #8 - Susan Brock's Engagement Letter for Legal Services) Councilwoman Leary asked, given the amount of work that the Town has, whether anything could be worked out so that there is more of a transition or more of a shared arrangement of ^ work citing the language in Mr. Barney's letter stating "all work" will go to Ms. Brock. Ms. Valentino told her that was probably not quite true because there are a couple of things that Susan cannot do. One is that she does not do litigation and the Town would have to get another attorney for litigation. Nor does she do any of the work for bonding or finance. Ms. Valentino stated they would need to look for other council for these functions and perhaps through the transition period the Town might be able to work something out stating a lot of that depends on Mr. Barney and how he feels. Supervisor Valentino and Ms. Leary both stated they were open to working with Mr. Barney. Mr. Stein asked if they would be approving a contract at some point. Ms. Valentino told him they would only be approving the engagement letter before them. TB RESOLUTION NO. 2006-30: Accept Susan Brock's Engagement Letter for Legal Services for 2006 BE IT RESOLVED that the Town Board of the Town of Ithaca accepts Susan Brock's Engagement Letter for Legal Services for 2006. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman; aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. 49 January 9,2006 Town Board Meeting Adopted February !3, 2006 Adjournment On motion by Councilman Stein, seconded by Councilman Burbank, the meeting was adjourned at 9;00 p.m. Respectfully submitted, \ac-i Tee-Ann Hunter Town Clerk Next regular meeting January 23, 2006 n 50 0>/1/t' /^S, z^A/do cv^^f ATTACHMENT #1 N © ^iAT/Af^ ^OOqST S^^TVS /Sag. 2^oc%, " Z^/zUa/M^T/c^ ipA 2z:>^^ Si^Cx^^.r'A/cp^^ /6 //U TZZc />/eAxz^s S£//i/& c:c£C£:c7X^> A?di> ^ p^pAfTTcs A-M SA/ftZC^ A-aJa i<j/2^i> AzUd /PA/oA/T/aCP - S7^7Z(S'A(l. ^ZaaMMaZCp, - ^S5caaaaaZ^ 7/¥aT T^yse ^A7^oAJ>/70Ajzy £.VZUj73 d>A -2-oor AhT' ^€/!3£A7tl> j ^AA/uPS A-ZA/O^SAC. //J S£4P£,£^ /Z ^lAJeSSnzaA Tizrs D. c. 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T^ZfJ d/Oe ^ TTZC SpaaJ> £>A ChA/AfzsS/CizO£AS TO/AL AASC Z3^ A/l/L/olO£h /AJ Va^OOS /A^y^^&cTJ 77Z/S yoA^j£c.r 7/^fZ/i^a C^e^Tiz^ - oaz(^ozaJq> /aA/a/t^/jaa/oc - zSaAzd S£j//u>/A7a ajzaji>&6^ /t. .^{.acsms^zjT^ ^ci^Afeoax ^ ^ uA/AiPz>cJs Ac^ M4zLcJf^ zj^ch:. r \fALOfiSJ2AA Sj£zZ\/dC£ - - i^£A7^S£, /fPczA-S A^P 4oAJk€:e. /7t>uzLS 77A£. /iPoT' AZaJCaSZZ PP£ 7Z TMi Mck ^P/a/aPasTaaTo/^ 7^ Tifc A0<^aps pp-n-dHn" TUcy ££. sz^rZAeid aa^c> S^zu>Afjs^ A-VAtLA-ST^ zhs ^0zPzJ AS /OPSS/S^-^ «- ifz^ /izzyfoAU y^AA. szop A/a/a/^/zatzz^zu u>£A£ ys7'A$.\/AziA^7i:j:pA, fM-C Acx>6^ Az/CfAzQ/TAZa ysz^/Dpr ( \ i \ January 9, 2006 Town Board Meeting ATTACHMENT ff2 rs f \ * s Human Services Cass Park Trails Dog Park Town Board PlanningFiscal Managcmcni and I Capital Projects Agriculture Ag Land Preservation y Sewer Contract Transpor- - tation Safety Information Ethics Staff Personnel Supervisor's Advisory Town of Ithaca Committees r\ * rs Section 63 of New York State Law states that "...the supervisor may, from time to time, appoint one or more committees, consisting of members of the board, to aid and assist the board in the performance of its duties." Opinions of the Comptroller (Op. State Compt. 64-1062) and the Attorney General (51 St. Dept. 386 [1934]) state that only town board members may serve on Town Board Committees. In addition, NY town governments commonly establish citizen advisory committees to advise and support town governments in carrying out their duties. Furthermore, the Town of Ithaca has recognized the immense contributions of town officers and staff to effective committee functioning. Therefore, the Town of Ithaca adopts the above committee structure for the Town. Town Board Committees: The six standing committees consisting of three Town Board members each. Staff and other board and community representatives participate as resources as appropriate. Staff Sub-Committees: Committees that address internal staff issues. Board and community members may attend as liaisons or resources as appropriate. Community Sub-Committees: Committees that address issues outside the town committee structure. Board and staff may contribute as liaisons or resources as appropriate. In accordance with Town Law and Town of Ithaca practice, members of committees are appointed by the Town Supervisor with the concurrence of the member and as confirmed by the Town Board. ! \ f \ f \ Committee Membership and Procedures Three town board members will be appointed to each committee, one of whom will be designated as the chair. Each member of the town board will be a member of at least two committees. No member of the town board will chair more than one standing town board committee. At least one member of the staff will be assigned to support the activities of each standing town board committee. Other members of the town board may attend and observe any committee meeting, but may not participate in the discussions unless the meeting is has been advertised as open to the public. Minutes will be taken at all committee meetings, and will be on file at the Town Clerk's office. Town Board Meeting January 9, 2006 ATTACHMENT #3 THE 2006 PROPOSED LEGISLATIVE PROGRAM Association ofTowns of the Stale of New York As reported by the Resolutions Committee of the Association of Townsf November 2005 COLLATERAL SOURCE LEGISLATION WHEREAS, Civil Practice Law and Rules (CPLR) §4545. subjects public employers, and only public employers, to a doublerecovery oflost future earnings in tort actions brought by their employees; and WHEREAS, this present inequity exists because the CPLR as interpreted by New York's Court of Appeals in lazzetti v. City of New Yorky.9A N.Y.2d 183 (1999) requires that future lost earnings awards for public employees are not offset by collateral sources such as a disability pension that the employee will also receive to replace his or her lost earnmgs; and ., , ^ WHEREAS, amendments to the collateral source rule will eliminate this inequality and these windfall recoveries and lead to significantly lower costs to municipalities and taxpayers throughout the State; NOW, THEREFORE BE ITRESOLVED, that the Association ofTowns calls for an amendment to CPLR, §4545 such as provided for in S1544/A4354 (2005-2006) to prevent "double dipping" in lawsuits against public employers and ensure that plaintiffs do not profit at the expense of taxpayers. TORT REFORM IMHEREAS, the costs of defending and paying liability claims in the U.S. have hit over $205 billion; and . _. _ .. ''^^REAS, recent studies report that at these levels, Tort costs amount to a 5% tax on wages and $721 per each U.S. citizen, ' ^ annual increases in tort costs expected to be in the 7-11% range for the next several years; and ; '.EREAS, it is essential that New York State maintain a balanced civil justice system which can sem as a guarantor and .ector of individual rights and freedoms while preserving the equally important democratic values of fairness and personal responsibility; NOW, THEREFORE BE IT x. o* * » • -i • #* « RESOLVED, that the Association of Towns urges the Governor and the Legislature to reform the State s civil justic system and, in particular, to authorize towns and other local governments to defend themselves in the non-jury forum of the State Court of Claims where the State has been privileged to defend itself since the end of sovereign immunity more than 70 years ago. COMPULSORY BINDING ARBITRATION WHEREAS, the State's compulsory arbitration statute. Civil Service Law, §209 was once again extended for two more years in 2003 by the State Legislature; and, . . * o WHEREAS, the Governor's Task Force on Local Government Reform has recommended greater consideration government's financial constraintsl^y binding arbitration panels; and WHEREAS, the Governor has continually proposed reasonable reforms such as requiring conipulsory arbitration pane s o give priority to the financial ability of a municipality to pay for an award without increasing existing levels of local taxatio^ and further indicated that he would issue an executive order to establish a task force on binding arbitration, NO THEREFORE BE IT . „ii. r,.. RESOLVED, that the Association of Towns opposes another extension of compulsory binding arbitration and calls to ' the establishment of a task force to review the issues surrounding the binding arbitration process and we support amendments to the Civil Service Law which would require giving the ability to pay a priority in the binding arbitration process. GML 207C DISABILITY BENEFITS FOR LAW ENFORCEMENT lEREAS law enforcement personnel are entitled to payment of municipal compensation benefits including, payment of .ry fringe benefits and all medical costs when they are injured in the line of duty pursuant to General Municipal Law )ion 207-c and these payments are non-taxable and can continue for years or even decades until there is recovery, a disability retirement or attainment of retirement age; and . . „ , WHEREAS the New York Court of Appeals recently decided {Matter of Theroux v. Reilly et al), that all law enforceme officers who'are injured or fall ill in the performance of their duties, regardless of the duties performed or the nature of the injuiy, are entitled to the payment of the full benefits provided by GML, 207-c; and WHEREAS, the Office of the New York State Comptroller has the final determination as to when a law enforcement officer is eligible for a disability retirement and historically he has been reluctant to issue disability retirements to law enforcement officers who are receiving 207-c benefits; and WHEREAS, law enforcement officers have been known to stay on municipal payrolls receiving 207-c benefits for multiple ( years thereby filling a roster spot in a department that could be filled by a healthy law enforcement officer; and WHEREAS, this latest change in the interpretation of GML-207-c by New York Court of Appeals will substantially increase municipal compensation costs and create a great hardship to taxpayers at all municipal government levels; NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of Towns supports legislation to amend Genera! Municipal Law 207- c to require that disability retirement benefits be extended to any law enforcement officer who has been receiving GML 207-c benefit for a period of 36 months without the ability to return to work. PRESERVE LOCAL CONTROL OVER HEALTH INSURANCE BENEFITS Preserve Local Control over Active and Retiree Health Insurance Benefits WHEREAS, GASH 34 compliant municipalities now have to account for future employee liabilities such as retiree health care costs in financial reporting requirements; and WHEREAS, many towns choose to provide health insurance benefits although provision of health insurance benefits to town officers and employees (active and/or retired) is permissive (General Municipal Law, §92-a), and WHEREAS, towns currently have the authority to adjust health insurance benefits upon reasonable notice and subject to any collective bargaining agreements where applicable; and WHEREAS, many towns are facing double-digit increases in health caie costs while their budgets are overburdened, with fixed mandated costs such as for pensions payments, workers' compensation and the like, and WHEREAS, real property taxes in New York are among the highest in the nation, NOW THEREFORE BE IT RESOLVED, that the Association of Town is opposed to any State mandated restriction (such as A.7175/S. 2501-B (2004) or A.4962a/S.973a (2004)) which would affect a local government's control over the provision of health care benefits to its active or retired officers and employees. n ( \ f ) WICKS LAW AND PREVAILING WAGE WHEREAS, the complexity of bidding and retaining multiple contractors for ongoing capital building and infrastructure projects in the towns of our State results in substantially inflated costs for managing these necessary public works projects; and WHEREAS, current provisions of New York State Labor Law define prevailing wage as the wages paid under collective bargaining agreements which are a far cry from the true cost of labor in many areas of our State; and WHEREAS, the Governor's Task Force on Local Government Reform has recommended repeal of the WICKS law and reform of the Prevailing Wage Methodology; NOW, THEREFORE BE IT RESOLVED, that the Association of Towns again calls upon the New York State Legislature and the Governor to honor prior commitments to take up the WICKS and Prevailing Wage issues and to finally act to reform these twin burdens which afflict local government public works projects, a burden New York's taxpayers simply can no longer afford. HIGHWAY FUNDING WHEREAS, the Consolidated Highway Improvement Program (CHIPS) was established pursuant to Chapter 314 of the Laws of 1981 for the purpose of making State Aid payments to New York towns and other general purpose local governments for the construction, operation and maintenance of local highways and bridges that make up 85% of our State's highway system; and, WHEREAS, recent studies of New York's extensive local road system continue to identify a multi-billion dollar shortfall in funding of local highways and bridges; and WHEREAS, a continuing and predictable stream of revenue for our local road system is essential for towns and other local governments to be able to properly plan their highway and bridge programs; and WHEREAS, the trend in recent years has been to reduce or eliminate State highway aid programs such as Multi-Modal Transportation and Operation and Maintenance component of the Consolidated Highway Improvement Programs; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor and Legislature to continue their support of the Consolidated Highway Improvement Program (CHIPS) and explore every way possible to first protect and then ^ increase the levels of CHIPS highway aid which will allow towns to more ably address the critical needs which exist on ] the 85% of our State's road and bridge system which are a local responsibility. ( ^ R^ORM REAL PROPERTY TAX EXEMPTIONS[p T y \REAS, nearly one-third of the real property value across New York State is exempt from taxation; and \ .REAS, tax exemptions need to be more closely scrutinized so that homeowners and small businesses do not continue to s. der the costs of higher property taxes while groups and organizations receive tax exemptions due to exemption laws which are among the most generous in the Nation; NOW, THEREFORE BE IT RESOLVED, that the Association of Towns supports legislative initiatives which would NOT eliminate exemptions but rather place the burden of qualifying for tax exemption on the organization claiming tax exempt status and by requiring such organizations to prove by clear and convincing evidence to local assessors that the property is used exclusively for exempt purposes. REFORM CONDOMINIUM ASSESSMENTS _| WHEREAS, section 339-y of the Real Property Law has been interpreted by courts to limit an assepor's method of establishing a condominium assessment to the income approach, resulting in the assessment for each unit significantly under market value, sometimes by as much as 50% or more; and WHEREAS, further abuse of section 339-y now includes attempts by developers to take large tracts of land, construct large single-family houses on one or two acres and instead of simply subdividing the property, establish a condominium with two classes of common areas, a limited common area (consisting of all the parcels surrounding each residence) which is for the exclusive use of the owner and occupant of the "condominium unit", and one general common area consisting only of the roadways within the development; and . u • • WHEREAS, by structuring ownership of the property in the manner just described, section 339-y hmite the assessmg unit to setting assessments on all the units as if the property were a single parcel, resulting in a steep reduction in what the assessment would otherwise be; NOW, THEREFORE BE IT RESOLVED, that the Association of Towns again calls upon the Legislature and the Governor to repeal section 339-y so as to provide equal treatment for all types of residential housing and to prevent the continuing abuses of section 339- ;^''*^escribed above. CIAL FRANCHISE ASSESSMENT LITIGATION CHARGE-BACKS _ WHEREAS, the legal requirement to establish Special Franchise Assessments resides with the Board of Real Property Services (RPTL §202), and, . u i,«if i«^oi WHEREAS, such assessments are prepared annually by the Office of real Property Services (ORPS) on behalf governments pursuant to Real Property Tax Law, and, , j u ♦u +♦ WHEREAS, RPTL Section 742 requires the compensation of any counsel and expert witnesses employed by the attorneygeneral and State of New York necessary to the defense of those assessments"...be a charge upon the assessing unit uponwhose rolls appears the assessment sought to be reviewed..." and, . , c. _*• u WHEREAS, any costs associated with the challenges made by the owners of any such special franchise properties shoulmore appropriately be bom by the Office of Real Property Services, NOW THEREFORE BE IT ^ ...RESOLVED, that the Association of Towns shall support S.5862 (S. 1373 of 2005) and similar legislation amendingReal Property Tax Law requiring the State to bear costs associated with the review of special franchise assessments by the Office of Real Property Services. POLICE ACCIDENT REPORT FEE REFORM WHEREAS, Public Officers Law §66-a authorizes the New York State Police to charge Fifteen Dollars ($15) for a copy of a police accident report; and . . - r uWHEREAS, municipal police personnel expend a similar amount of search time and effort in issuing copies of such r^o^s,are only allowed to charge Twenty-five Cents ($.25) per page pursuant to the Freedom of Information Law; NOW THEREFORE, BE IT ... „RESOLVED, that the Association of Towns supports an amendment to Public Officers Law, §66-a, enablingmunicipalities to charge Fifteen Dollars ($15) for each copy of police accident report issued. /-N SPEED LIMITS ON ALL TOWN ROADS WHEREAS, current provisions of the Vehicle & Traffic Law, §1662-a authorize only certain towns (i.e., suburban towns and those with over 50,000 in population - approximately 8.6% of towns) to set speed limits on all highways within a town other ^ ^ than State highways maintained by the State, while all cities and villages regardless of classification or population set their own ^ 1 limits; and r j r •* WHEREAS, the NYS Department of Transportation can take as much as two years to process requests for speed limit reductions and has, in most instances, declined to reduce speed limits on town highways when requested to do so by local officials; and WHEREAS, town governments are better positioned to work with their citizens to set speed limits on town roads and more likely to be responsive to their residents' concerns for health and safety; and WHEREAS, town officials are legally required to set speed limits based upon the same engineering standards and traffic investigation techniques as the State DOT, cities and villages are required to employ; NOW THEREFORE BE IT RESOLVED, that the Association of Towns urges the Legislature and Governor to extend to all towns the option - through adoption of a local law - to assume responsibility and authority to set speed limits on town roads within their respective jurisdictions, within the limits as defined in §1662-a of the Vehicle & Traffic Law, and so long as those roads have been functionally classified by the Department of Transportation as local roads. I LOCAL ROAD CLASSIFICATION I WHEREAS, many rural town governments cannot comply with existing guidelines for the construction and maintenance of town highways; and WHEREAS, upgrading the State's 90,000 miles of county and town roads to meet the American Association of State Highway Transportation Officials (AASHTO) minimum standards would cost in excess of $9.7 billion dollars; and WHEREAS, local government officials are best able to make determinations about local road maintenance needs and priorities; and WHEREAS, there is need to provide an appropriate legal and technical basis for the decisions of those local highway superintendents, town boards and their engineering professionals regarding the maintenance, reconstruction and construction of low volume local roads; and WHEREAS, the New York State Local Road Classification Task Force has developed guidelines that incorporate a design ( ) process for rehabilitation projects on low traffic roads, including recommendations for pavement width, bridge width and / ) roadside clear zones; NOW, THEREFORE BE IT RESOLVED that the Association of Towns urges the Governor and the Legislature to enact appropriate enabling authority for Local Road Classification as recommended by the NYS Local Road Classification Task Force which will permit local government to rationally reduce to more appropriate levels, the costs of maintenance and repair of such low volume roads. ATV USE OF TOWN ROADS WHEREAS, the use of all terrain vehicles (ATVs) is increasing at a dramatic rate throughout New York State; and WHEREAS, §2405 contained an Article 48-C of the New York Vehicle and Traffic Law limits the ability of municipalities to designate and post public highway as open for travel by ATVs only when "it is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway"; NOW THEREFORE BE IT RESOLVED that the Association of Towns supports amendment to Vehicle and Traffic Law, §2405 which would allow municipalities, by local option, to designate their respective public highways, and/or portions thereof, as open for travel by ATVs in order to gain access to areas or trails adjacent to such highways, and which deletes the requirement that such use only be allowed when "#/ is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway.'" MUNICIPAL DEPOSITS IN CREDIT UNIONS AND THRIFT INSTITUTIONS . WHEREAS, the General Municipal Law of the State of New York requires that local governments designate one or more banks or trust companies for the deposit of public funds; and WHEREAS, many state and local governments throughout the United States expressly allow for the deposit of public funds in credit unions, savings banks, and savings and loan associations (hereinafter referred to as "thrift institutions ); and WHEREAS, the State of New York remains one of the few states where local governments are statutorily prohibited from using thrift institutions for municipal deposits; and WHEREAS, town officials prefer to bank locally; and ' \ ' \ WHEREAS, like banks, credit unions are insured by the National Credit Union Insurance Fund, a federal agency comparable to the Federal Deposit Insurance Company; and NOW, THEREFORE BE IT ^?^^LVED, that the Association of Towns calls upon the Governor and the New York State Legislature to pass le. ^tion such as A.6637/S.4197 (2005-2006) which amends all applicable state law to allow local government to deposit p^ : funds in credit unions and thrift institutions. FrEGISTERED SEX OFFENDERS WHEREAS, the public is increasingly concerned with the recidivism rate of registered sex-offenders; and WHEREAS, many local and state governments are enacting sex-offender free zones which prohibit a registered sex offender from living or traveling within a defined radius of any day care, school, park or playground, and WHEREAS, the New York State Legislature has been examining the law as it pertains to registered sex-offenders who live and work in New York State; NOW THEREFORE BE IT RESOLVED that the Association of Towns calls upon the Governor and the New York State Legislature to examine and revise the New York State's "Megan's Law" which is codified in the New York State Correction Law, Article 6-C, also known as the Sex Offender Registry Act, (SORA); BE IT FURTHER RESOLVED that the examination and revision should address issues pertaining to civil commitment proceedings to confine high level offenders until such time as they are no longer a danger to society, state of the art monitoring and sex-offender free zones. I preservation OF LOCAL GOVERNMENT AUTHORITY TO UTILIZE EMINENT DOMAIN WHEREAS, both the State and Federal Constitutions authorize the use of eminent domain to take private property for public use if the government pays just compensation; and . . _ . WHEREAS, longstanding jurisprudence has defined public use to include the use of eminent domain for economic development purposes; and . . WHEREAS, the recent U.S. Supreme Court decision in Kelo v. New Londorty has resulted m public confusion regarding theg^^ment's use ofeminent domain for economic development initiatives; NOW THEREFORE BE IT ^ , c » ^ OLVED that the Association of Towns supports the creation of a temporary commission to study New York State s 1 !ent Domain Procedure Law. \ fcuUNTY CHARGE BACKS FOR ELECTIONS EXPENSES ' WHEREAS, New York State has adopted legislation revising the Election Law to provide that counties will assume all responsibility for administering general elections commencing after November 15,2005, and that counties have the authority to charge these costs back to towns and cities; and , r u u WHEREAS, there appears to be some confusion with respect to what election expenses are eligible for chargeback, WHEREAS, there appears to be no defined methodology to charge back election expenses which has resulted in large oca increases in election in expenses; NOW THEREFORE BE IT , j i- •* t ovnoncAc that RESOLVED, that the Association of Towns supports legislation which would clarify and limit the election expenses t are eligible for charge backs so that there are no new fiscal burdens placed on town and city budgets. ( \ ( January 9, 2006 Town Board Meeting ATTACHMENT #4 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. —County City- _ ITHACA rf, ^ of -Town 4aitege Local Law No ?1 of the year 20l-?? A local OF THE CODE OF.THE.TOM.P^^^ (Insert Tide) CLARIFY, THE__DEFINITION OF "LOT" Be it enacted by the of the (Name ofLegisledve Body) -County ITHACA -vtttsge~ / \ \ SEE ATTACHED PAGE DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE CODE OF THE TOWN OF ITHACA ENTITLED "ZONING" TO CLARIFY THE DEFINITION OF "LOT" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Section 270-5 of the Code of the Town of Ithaca, entitled "§ 270-5. Definitions," is hereby amended by deleting the current definition of "LOT" and inserting a new definition reading as follows: LOT - Any area of land bounded by property lines which is not divided into parts by a public road or railroad. Each part of any area so divided by a road or railroad is considered an individual lot for zoning and subdivision purposes, but any further division of any such part shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca. Section 2. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 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. ' ] (Complete the certiflcation in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) \ (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No 1 of 20-P.5- of the(Count^(0|^)^wnK-^lag^) of was duly passed by the -TQ-M.-BOAJ^ on —JANUARY . 06 accordance with the applicable provisions of law. (Name ofLegislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)CVilIage) of was duly passed by the on 20 — , and was (approved)(not approved)(repassed after (Name ofLegislative Body) / \ r disapproval) by the - and was deemed duly adopted on 20 (Elective Chief Executive Officer*) * in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) ereby certify that the local law annexed hereto, designated as local law No of 20 he (County)(City)(1bwn)(Village) of was duly passed by the .meofLegishtive'Bldy) 20—., aud was (approved)(not approved)(repassed after disapproval) by the — - on 20— . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(aimual) election held on 20— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Viilage) of was duly passed by the ™ (approved)(notapproved)(repassed after disapproval) by the.....-....---...-— on 20—, Such locallaw was subject to (Elective ChiefExecutive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 20— , in accordance with the applicable provisions of law. Vtive Chief Executive Officer means or includes the chief executive officer of a county elected on a county- le basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or me supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) ereby certify that the local law annexed hereto, designated as local law No. of 20 the City of- having been submitted to referendum pursuant to the provisions of ' ^■tion (36)(37) of the Municipal Home Rule Law, and having received the afflrmative vote of a majority of the ' ^.,aalified electors of such city voting thereon at the (special)(general) election held on 20-—, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20of the ^unty of State of New York, having been submitted to the electorsat the General Election of November - 20-.., pursuant to subdivisions 5 and 7 of section 33 of theMunicipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared 1 is a correct transcript therefrom and ol dicated in paragraph 3--—, above. I further certify that I have compared the preceding local law with the original on file in this office and that the sameIS a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in dicated in naratrranh 1. nhnvf» ,.fL\ hiJL ClefkvMxrCumy leglaldlivebudjir^itjc, Town or Village-Clerkor officer designated by local legislative body ea/) nafo. JANUARY 12. 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins I, the undeisigned, hereby certify that the foregoing loc^aw (plains the correct text and that all proper proceedings have been had or taken for the enactment of the local Idw hnn/xdd hereto ^ r- r ©- Title Signatur itorney for the Town €uuiUy Qf Ithaca Town I \ •Village Date: QCrd C? f 1 (3) January 9, 2006 Town Board Meeting ATTACHMENT #5 □□□□□□□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 FART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Local Law - Amending Chapter 270 of the Code of the Town of Ithaca Entitled "Zoning" to Clarify the definition of "lot" 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Townwide (The zoning amendments affect land potentially in all parts of the Town of Ithaca) Tax Parcel Number: N/A 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Town Code) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law amending Chapter 270 of the Code of the Town of Ithaca entitled "Zoning" to clarify the definition of "lot". The proposed local law would amend the definition of "lot" in Section 270-5 of the Zoning Code to clarify that each part of an area of land divided by a public road or railroad is considered an individual lot for zoning and subdivision purposes, but that any further division of any such part shall occur only in compliance with the applicable subdivision regulations of the Town of Ithaca. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected: N/A (Townwide) dtially (0-5yrs) Acres (6-lOyrs) (>10 yrs) Acres How is land zoned presently? N/A (Townwide) 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: N/A 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X^ If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ^ Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor. Town of Ithaca Signature and Date: PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO __X__ If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: ^ None anticipated. C6. Long term, short term, cumulative, or other effects not identifled in C1-C5? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X CB other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Catherine Valentino, Supervisor Name & title of Responsible Officer In Lead Agency DATE: rer's Signature(If different from Responsible Officer) Signature of Contributing Preparer January 9, 2006 ■nature of Responsible Officer in Lead Agency \ '' \ January 9, 2006 Town Board Meeting ATTACHMENT §6 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Couiiiy" Town Village' Local Law No. of the year 20-9.?. A local law AMENDING CHAPTER 270 OF THE CODE OF THE TOWN OF ITHACA {Insert Title) TO REZONE A PORTION" OF TAX PARCEL NO. 27.-01-13.12 LOCATED OFF OF NYS ROUTE 79 FROM MEDIUM DENSITY RESIDENTIAL TO MULTIPLE RESIDENCE (Conifer Village Ithaca Senior " XTvTn g "Comm^^ Be It enacted by the of the (l/ame of Legislative Body) JCeonty— of ?.T.?.A9.A as follows: Town /^\ Village' / > SEE ATTACHED PAGES 1-8 DOS-239 (Rev. 11/99) (If additional space Is needed, attach pages the same size as this sheet, and number each.) (1) f \ TOWN OF ITHACA LOCAL LAW NO. 2 FOR THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE CODE OF THE TOWN OF ITHACA TO REZONE A PORTION OF TAX PARCEL NO. 27.-01-13.12 LOCATED OFF OF N.Y.S. ROUTE 79 FROM MEDIUM DENSITY RESIDENTIAL TO MULTIPLE RESIDENCE (Conifer Village Ithaca Senior Living Community) Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1: Chapter 270, entitled "Zoning," of the Code of the Town of Ithaca (the "Code"), is hereby amended as follows: 1. Rezoning: The zoning map dated April 1,2004, revised December 12, 2005,2is amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Medium Density Residential to Multiple Residence. 2. Additional Conditions: The area being so rezoned to Multiple Residence is subject, in addition to the conditions, restrictions, and limitations set forth in the Code relating to Multiple Residence Zones generally and any other limitations and restrictions, to the following additional conditions. a. Maximum Number of Units: A maximum of 72 dwelling units shall be located in the zone to be contained in no more than one multiple residence building. The area being rezoned is Conifer Village Ithaca Senior Living Community. There has previously been rezoned an area to the east of the area being rezoned by this local law, which easterly area is approximately 9.818 acres and is shown as Phase 1 on the map entitled "Proposed Zone Change for Phases 2 and 3 of the Linderman Creek Apartments" dated January 3, 2002, a copy of which is on file in the Town of Ithaca Planning Department. The limitations of numbers of units and buildings set forth herein are aggregate limits applying only to the lands described in Schedule A, hereinafter sometimes referred to as "Conifer Village Ithaca". Phases 1,2 and 3 are subject to their own set of conditions and restrictions. b. Conformance to Plan: The construction in the rezoned area shall be substantially in accordance with the plan entitled "Conifer Village- Ithaca Senior Living Community Town of Ithaca, Tompkins County, New York" sheet L-2 dated December 29,2004 revised 11/3/05, a copy of which is on file with the Town of Ithaca Planning Department, with only such changes r-s therein as may be approved by the Planning Board, such construction to ^ ^ consist essentially of the construction of one building containing in the ^ aggregate approximately 54 one bedroom apartments and 18 two bedroom apartments. Low Income Housing: In accordance with the application seeking rezoning of the property, the proposed dwelling units will be limited in the amount of rent charged for the same in accordance with the following provisions: (i) Income Restrictions and Duration: For a period of fifteen years from the date a permanent certificate or occupancy is issued for the last building in the project at least 36 of the units shall be made available solely to low income tenants and 36 of the units shall be made available solely to moderate income tenants in accordance with the terms of this local law. This restriction shall terminate at the end of such fifteen-year period. (A) Definitions: For the purpose'of this local law a "low income tenant" shall be a tenant (either individual or family as the case may be) whose income is not more than 60% of the median family income in Tompkins County at the time of rental. The determination of 60% of median family / f ^ income shall be based upon incomes published by the ( i \ United States Department of Housing and Urban Development for the area in which the project is located, or if not published by said Department, shall be based upon other similarly recognized sources of median income information as determined by the Town. For the purpose of this local law a "moderate income tenant" shall be a tenant (either individual or family as the case may be) whose income is not more th^ 90% of the median family income in Tompkins County at the time of rental. The determination of 90% of median family income shall be based upon incomes published by the United States Department of Housing and Urban Development for the area in which the project is located, or if not published by said Department, shall be based upon other similarly recognized sources of median income information as determined by the Town. (B) Additional Income Restrictions. At least fifty percent of the dwelling units being made available to low income tenants shall be made available to low income tenants ^ ^ ^ whose income is not more than 50% of the median family ^ income (i.e. 18 units of the 36 units being reserved for low income tenants shall be made available to tenants with incomes not more than 50% of the median family income). (C) Maximum Rent: The maximum rent to be charged for the units shall not exceed the lesser of: (1) The maximum rents authorized by the Intemal Revenue Code Section 42 Low Income Tax Credit ; Program applicable to the project and as administered by the United States Intemal Revenue Service and/or the New York State Division of Housing and Community Renewal; or (2) On an annualized basis (determined at the time of execution of a lease or upon occupancy, whichever is earlier), 37% of the applicable median family income in Tompkins'County applicable to the unit, based on unit size published as set forth above (e.g. if the median family income for a family of two in Tompkins County is $47,400.00, and the tenant is r > being considered for a 50% of median family ^ income apartment, the maximum annual rental chargeable to two people in that apartment shall be $8769, or $730.75 per month ($47,400.00 times 50% times 37%); if the tenant is being considered for a 60% of median family income apartment, the maximum annual rent chargeable to two people shall be $10,522.80, or $876.90 per month ($47,400.00 times 60% times 37%)). The maximum rent set forth above shall include costs of heat, water, gas, electricity, and sewer, if any. The owner shall have the option of requiring tenants to pay directly to the provider the costs of any or all of such utilities provided that the basic annual rent charge is reduced by the reasonably anticipated annualized costs of such utilities (e.g. if the maximum annual rent is $10,522.80, and if the tenant is required to pay New York State Electric and Gas Corp. or other public utility directly for his or her own gas and electricity, and if the reasonably anticipated annual cost of gas and electricity so payable is $1,200.00, the basic annual rent shall be ( no more than $9,322.80 or $776.90 per month). (D) Income Information: The owner of the units shall obtain, at the time of rental, such information as the owner may reasonably determine to be necessary to establish the total income of the person or persons occupying the rental units. At a minimum, such information shall include copies of the tenant's most recent income tax return including copies of W-2 forms; if the tenant is working, copies of the tenant's most recent pay stubs, and an affidavit sworn to by the tenant under the penalties of perjury stating the total amount of tenant's income and the sources thereof including names and addresses of payees of such income. The tenant shall also provide a signed authorization allowing both the owner and the Town of Ithaca to verify Tenant's income with the payees of such income and shall also sign a written agreement agreeing to notify the owner of any increases in tenant's income occurring after submission of the foregoing affidavit. Such records, authorization and agreement shall be kept by the owner with any leases and shall be disclosed f \ to the Town's zoning enforcement officer and other / ^ officials of the Town of Ithaca at any time upon request for the purposes of confirming that the units have been rented to low income tenants. (E) Loss of Eligibilitv: Subject to any other provisions regulation the occupancy of the project, any person who is an eligible low income or moderate income tenant at the time of rental but who becomes ineligible for his or her apartment by reason of increased income or change in family circumstances eifter assuming possession of a rental unit may be permitted to stay for the duration of such tenant's lease. Leases shall be limited to one year in duration, and may be renewed upon demonstration that the tenant continues to meet the income limitations as established by the Low Income Housing Tax Credit program. (ii) Certification to Town: Every three years and more frequently if requested by the Town, for so long as the ' f ^ ^ . .^ project IS required to provide housing for low income ^ ^ tenants, the owner shall provide to the Town a certification of compliance with the requirements of the local law, which certification shall be in form and substance reasonably satisfactory to the Town and which may include a rent roll indicating for each apartment name(s) of the tenant(s), duration of lease, period of occupancy, tenant's income, utility cost and rent paid. (iii) Audit: For so long as the project is required to provide housing for low income tenants, the Town shall have the authority (but not the obligation) to audit the certifications of the owner to determine compliance with the provisions of this local law (subject to strict confidentiality). Such audit may be conducted by Town personnel or by consultants or others selected by the Town. If the audit discloses a material breach of the provisions of this local law, without limiting any other remedies available to the Town, the reasonable expense of the audit shall be paid toward the owner to the Town within ten days of demand for same by the Town. f ^ d. Subdivision Prohibited: The area being rezoned to multiple residence i shall be owned in its entirety, by the same individual or entity and shall not be subdivided or converted to condominium units, cooperative units, or any other form of multiple ownership without the approval of the Town Board and approval of any related site plan by the Town Planning Board. e. Retention Area Maintenance: The owner of the project shall maintain at its own expense any drainage and/or storm water retention area shown on any final site plan approved by the Planning Board. Such maintenance shall be in accordance with generally accepted standards for such maintenance and shall be to the reasonable satisfaction of the Town Engineer. f. Incomoration into Deed Restrictions: The provisions in the local law set forth above and such additional covenants and restrictions as the Town may reasonably require shall be incorporated into restrictive covenants which shall be in form and substance reasonably satisfactory to the Town Board and the attorney for the Town which restrictive covenants shall be recorded in the Tompkins County Clerk's Office and shall specifically cover the premises being rezoned to Multiple Residence Zone pursuant to this local law. Such recording shall occur prior to the issuance of any building permit for any building construction in the project. g. Final Site Plan: After adoption of this local law, and prior to the issuance [ ^ of any building permits, a final site plan shall be submitted to and approved by the Planning Board, such plan to include appropriate planting plans, buffering to adjoining properties, and other items required by the site plan sections of the Zoning Ordinance and by the Planning Board regarding site plan approval. h. Revisions to Site Plan: Any significant revisions to the preliminary site plan submitted to the Town Board in connection with the adoption of this local law shall be submitted to and be approved by the Town Board before issuance of any building permits for the Multiple Residence Zone are issued. i. Occupancv Restriction: Occupancy will be restricted to households whereby one member of the household is 55 years of age or older and/or handicapped or disabled. Section 2: Reversion. Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty six months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this local law, whichever is earlier, and building permit shall lapse, the site plan approval (both final and preliminary, if any) ^ \ shall expire, and the zoning change affected by this local law shall terminate and the , > \ zoning shall revert to that in effect prior to the adoption of this local law, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this local law, in which event the zoning shall revert to the same zoning £is then in effect along a majority of the perimeter of the land being rezoned as a Multiple Residence Zone by this local law. The Planning Board, upon request of the applicant, after a public hearing, and upon and finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for commencement of construction for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will not have "materially commenced" unless, at a minimum, (i) a building permit, if required, has been obtained; (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. f ^ 6 ; , » Section 3: Violations. Any violations of the terms of this local law shall constitute a violation of Chapter 270 of the Town of Ithaca Code and shall be punishable as set forth in said Code and as set forth in Section 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offence. Not withstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of the law, without limitation, actions for any injunction or other equitable remedy, or actions for damages, in the event the owner of the parcels covered by this law fails to comply with any of the provisions hereof. Section 4: Partial Invalidity. 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. Section 5: Effective Date. Pursuant to Section 265 of the Town Law this local law shall take effect ten days after its publication (or publication of a summary or abstract as permitted by law) in the Ithaca Journal or upon its filing with the Secretary of State, whichever is later. Schedule A ^ f \ Description of Property Being Rezoned ( i t \ ALL THAT TRACT OR PARCEL OF LAND, being situate in the Town of Ithaca, Tompkins County, New York, bounded and described as follows: COMMENCING at the intersection of the west right of way line of Conifer Drive and the north right of way line of NYS Route 79, thence north 14 degrees 54 minutes 53 seconds east a distance of 397 feet to a point at a comer in the right of way line of Conifer Drive; thence north 13 degrees, 04 minutes 40 seconds east a distance of 203.09 feet to a point, which point is the place of beginning. RUNNING THENCE from said point of beginning westerly along the centerline of Linderman Creek as it winds and tums approximately 666 feet to a point located north 66 degrees 08 minutes 21 seconds west 656.71 feet from the point of beginning; THENCE north 15 degrees 00 minutes 20 seconds east a distance of 498.47 feet to a point; THENCE on a curve to the right with a radius of 300 feet, a chord bearing of north 24 degrees, 31 minutes 03 seconds east, and a chord distance of 99.15 feet, an arc distance of 99.61 feet to a point; THENCE on a curve to the left with a radius of 370 feet, a chord bearing of south ; 59 degrees 47 minutes 32 seconds east, and a chord distance of 149.60 feet, an arc ^ distance of 150.64 feet to a point; _ THENCE south 75 degrees 14 minutes 17 seconds east a distance of 382.95 feet to a point; THENCE on a curve to the left with a radius of 823.05 feet, a chord bearing of south 14 degrees 30 minutes 32 seconds west, and a chord distance of 120.79 feet, an arc distance of 120.90 feet to a point; THENCE on a curve to the left with a radius of 1352.33 feet, a chord bearing of south 3 degrees 13 minutes 27 seconds west, and a chord distance of 347.27 feet, an arc distance of 348.23 feet; THENCE on a curve to the right with a radius of 1416.58 feet, a chord bearing of south 01 degree 52 minutes 48 seconds east, and a chord distance of 102.72 feet, an arc distance of 102.75 feet to a point; THENCE south 13 degrees 04 minutes 40 seconds west a distance of 100.87 feet to the point or place of beginning. The above description is based in part upon a plat entitled "Preliminary ^ ^ Subdivision Plat Conifer Village Ithaca Lands Now or Formerly Conifer Realty, LLC Part ( / 't of Military Lot 56" dated January 13, 2005, prepared by C.T. Male Associates, P.C. a copy of which is on file in the Town of Ithaca Planning Office as amended through December 19, 2005. f ^ I \ (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) \ 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No 2 of 209.6-. of the (County)(City)(Town)(VrHage)-of ITHACA j • .l on-JANUARY .020.06, in accordance with the applicable provLons oflaw 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (Cbunty)(City)('Ibwn)(Village) of duly passed by the (WovedXnot approvedXrepassed after disapproval) by the and was deemed duly adopted on — 20 (Elective Chief Executive Officer*) ' in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 ^f the (County)(City)('Ibwn)(Village) of duly passed by the (approved)(not approved)(repassed after disapproval) by the on 20 Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 2a— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Tbwn)(Village) of duly passed by the (appioved)(not approvedXrepassed after disapproval) by the---.— on 20—. Such local law was subject to (Elective Chief Executive Officer*) •' permissive referendum and no valid petition requesting such referendum was filed as of 20— , in accordance with the applicable provisions of law. ^ dective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- ^ide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) hereby certify that the local law annexed hereto, designated as local law No of 20 if the City of - - having been submitted to referendum pursuant to the provisions of ^ action (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20-—, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No - of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received thC affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local laWjaijdjaa&Jiaally adopted in the manner in dicated in paragraph 3 , above. ) Cterk of the County legislative body, Cily? Town orVH4age-Clerk or officer designate by local legislative body ( \ (Seal) Date: .tamttapv 19 9.nnfi ; (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing locaUhw ^ntains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ^ Signature Attorney for the Town Title County. €ity- - Ithaca T olTown Date; ^ 9^0€> ^ ^ (3) f \TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JONATHAN KANTER, AICP, DIRECTOR OF PLANNING RE: CONIFER VILLAGE ITHACA-VISUAL IMPACT DATE: JANUARY 8,2006 Credentials: I have had over 27 years of experience as a Planner in New York State working during all of those years on SEQR (NYS Environmental Quality Review Act) reviews. An important element of SEQR reviews is visual or scenic impact assessment. This is one of my early focuses of expertise in my plannmg career. My Master's thesis in Landscape Architecture at SUNY College of Environmental Science & Forestry in Syracuse, NY, was about visual impact assessment regulations and methodologies as applied in the Adirondack Park in New York. As a planner at the Westchester County Planning Department in New York, one of my assignments was to work with the Heritage Task Force for the Hudson River Valley on (at that time) the proposed guidelines and regulations for New York State's Scenic Roads Program. f \ Visual Impact Analvsis in General: Visual impact analysis is both a science and an art. There are both measurable and observable aspects that can be documented, and there are more subjective ' aspects that can be characterized. Both are applicable in visual unpact assessment. There are several factors that are common in almost all visual impact analyses pursuant to SEQR. (1) The first is visibility: Can you physically see Point A from Point B, and vice-versa? (2) The second is the importance of the view being impacted - is the proposed structure itself in an ^ea which has been designated as a significant scenic view, or is the project visible from a location that has been designated as a significant scenic viewing point? (3) The third is character of Ae area within the viewshed affected (i.e., the area visible from a particular viewing point): is the proposed project consistent with the character of the surrounding area and with the goals of the comprehensive plan? Observations Relative to the Potential Visual Impact of the Proposed Conifer Village Miaca Senior Apartments: The key question in all of the above factors is whether the impact is significant. The Town of Ithaca Planning Board was Lead Agency in conducting a coordinated SEQR review of the Conifer Village Ithaca project. This was a Type I action under SEQR, and the Town Board consented to the Planning Board acting as Lead Agency. The Planning Board required a visual impact analysis as part of the SEQR review, which included a balloon flying test to determine the potential visibility of the proposed three-story apartment building from potentially significant viewing points. Photographs were taken from 15 different points. Balloons were flown from comers of the proposed building at two heights: at the height allowed under current zoning (38 feet from the lowest base level of the building) and at the proposed height of+/- 46 feet. Those primarily included locations in proximity to the project site, such as ^ from key areas along Route 79 and from the future Town Park to the northeast of the site. It also V included several distant viewing points along the shoreline of Cayuga Lake (at the Town's East Shore Park and along Route 13). The Planning Board did not request that photographs be taken from other points on East Hill, such as from the Cornell campus, because of the distance between f ^ the campus and the Conifer site. The Planning Board made a determination that there are no ^ significant negative impacts associated with the proposed Conifer Village Ithaca project. That determination is documented in the Negative Declaration that has been provided to Town Board members (in the December 30^ meeting packets). Because the question of the possible visual impact of the three-stoiy building was raised at the December 30,2005 Town Board meeting, a site visit was conducted at the Conifer Village Ithaca site on January 5,2006. Four Town Board members attended the site visit, along with Planning staff and a representative of Conifer. Those attending the site visit can characterize their observations to the Town Board at the public hearing on January 9,2006. In addition to the scheduled site visit, I conducted an additional visit to the Cornell campus On January 8,2006 at approximately 3:30 p.m. to determine the potential visibility and significance of potential visual impacts of the Conifer Village project as viewed from that location on East Hill. Meteorological conditions were partly cloudy, with good visibility. The viewing point on the Cornell campus that I visited was at the Libe Slope area near the Bell Tower (call diis Point A). I chose this location because of its open nature and because the Bell Tower is visible from the Conifer site (call this Point B). I was equipped with a pair of binoculars to assist in locating the site of the proposed Conifer Village Ithaca building. The following are my observations relative to the three impact analysis factors identified above: (1) Visibility: Point A is visible from point B, and Point B is visible from Point A. There is a ^ clear line-of-sight from Point A on East Hill across the Cayuga Lake valley to Point B on West Hill. Point A is approximately 2.3 miles from Point B. Point A is at an elevation of about 815 feet Above Mean Sea Level (AMSL). Point B is at an elevation of about 925 feet AMSL. (2) Importance of the View: Neither the Libe Slope area on the Cornell campus (or other parts of Comell's campus) nor the site of the proposed Conifer Village Ithaca apartments are designated as significant scenic views or scenic resources requiring special consideration (e.g., by the City or Town of Ithaca). The Libe Slope area is a popular spot, especially during sunset, for people on campus to walk and enjoy views across the Lake and valley. Because of the distance from the Comell campus to the Conifer site, the proposed three-story building would be unobtrusive and would tend to blend into the hillside, especially if building materials and colors are chosen carefully. This is in fact what the Planning Board has directed Conifer to do, and this will be carefully evaluated during the final site plan review process. The location of the proposed Conifer building can be readily determined by locating Route 79 and Conifer Drive (the entrance to the Linderman Creek Apartments), the Phase 2 Linderman Creek Apartments, and the heavier vegetation along Linderman Creek. The project site is just to the north of the Phase 2 Linderman Creek Apartments on a moderately sloping hillside just north of Linderman Creek. The Conifer Village Ithaca Senior Apartment building will be cut into the hillside at an elevation that is considerably below the crest of the hill as viewed from the Libe Slope area. Again, the elevation of the ^ ^ Conifer Village building will be at about 925 feet AMSL, while the crest of the hill (at f ^ f \ . . about 1160 feet AMSL), located about 1.2 miles to the west of the Conifer site, rises ' more than 230 feet in elevation above the Conifer site. (See below for further description of the character of the area surrounding the project site.) (3) Character of the Area in the Vicinity of the Project Site: As viewed from the Libe Slope area of the Cornell campus, the character of the view of the West Hill area in the vicimty of the Conifer site consists of single-family houses in the City of Ithaca neighborhoods (the residential pattern is readily apparent during Winter months with mi^al foliage on trees). Phases 1,2, and 3 of the Linderman Creek Apaitoents (the groupings of apartment buildings can be seen by the naked eye, but it is difficult to see ii^mdual^ buildings without binoculars), and surrounding abandoned and active farm fields and wooded areas. Other development along Route 96 to the north of the Conifer site can be readily observed from Libe Slope, including the three-story Lakeside Nursing Home, the Alterra facility, Cayuga Medical Center and the newly constructed Phase 1 of the Overlook at West Hill Apartments. Future planned development in the vicinity of the Conifer site will fill in the residential character that is already present in this area of West Hill. Conifer has plans for sin^e- family and patio houses on the remainder of their site (to the north and east of the Comter Village Ithaca building). The Perry property to the north also has plamed development in the form of single-family houses, including a portion recently purchased by m. Rancich, who is also proposing the Sky Gardens Condominiums just uphill and west ot the Conifer site. This area is served by public water and sewer, and is designatedm the Town of Ithaca Comprehensive Plan for "Suburban Residential" development, ms is m effect the remaining growth area in the Town of Ithaca. Based on these observations, the Conifer Village Ithaca proposal is consistent with the designation of Suburban Residential" in the Comprehensive Plan, and is compatible with existing and planned development in this area on West Hill. In regard to the proposed height of the Conifer Village Ithaca building (46+/- feet) compared with the pennitted height in the Zoning Code (38 feet in height from the lowest the building), the difference of 8+/- feet will be barely perceptible as view^ from the distot Libe Slope or surrounding areas of the Cornell campus. The additional height is proposed by Conifer in order to provide a pitched roof, which will help to make this a more attr^tive building. Conifer has provided Town Board members with an elevation drawing of what a t^- story building with a flat roof would look like, which would accommo&te a three-story bmldmg, but would be less attractive architecturally and less functional than a higher bmldmg vnto a pitched roof. Again, the Planning Board has recognized that the use of appropnate b^ltog materials and colors will be an important element of helping to blend the bmldmg with the surrounding area, and this will be evaluated during final site plan review. r \ onifer- 163 East Main Street, 6tti Floor Rochester, NY 14604 www.conlferllc.com December 29,2005 (585) 324 0500 voice (585) 324 0556 fax ii!j, JAN 3 2006 J■' PLAM'Jonathan Kanter, AICP Director of Planning Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 RE: Conifer Village Ithaca - ZBA Application Dear Jon: Per your email to Carol of December 28'^, enclosed please find 11 sets of the O'Brien & Gere balloon test to be submitted for the January 23*^ ZBA meeting. Please note Photo 13 was not taken fr om Route 96B as requested by the Planning Board. It was our intention to the photograph from the requested location; however, we erroneously took the photo from an incorrect location on Route 96B. Should you have any questions or anything further, I may be reached at (585) 324-0535 or Carol directly at (585) 324-0521. Sincerely, Hope Capizzi ^ Project Assistant Enc. L.:"i\'E-tRlNG F:\709\WORD\Develop\Kanter .addtl zba mtg info. 122905.doc creRiEiyieeEsiE January 7,2005 Ray Wetherbee Project Coordinator Conifer Reality, LLC 183 East Main Street, 6^ Floor Rochester, NY 13214 Re: Conifer Village Senior Living Community Townoflthica Subj: Balloon Photographs File: 8526/36097 Dear Ray: Enclosed please find six (6) copies of the balloon photographs and a location map showing where each photograph was taken in relationship to the balloon locations. On Januaiy 5,2005, we floated two (2)-5 14' diameter balloons at the northwest comer and two (2)-5 14' diameter balloons at the southeast comer of the proposed building for the above referenced project. The tops of the red balloons were flown at elevation 968 USGS (top of roofline). The tops of the orange ( balloons were flown at the zoning ordinance height of 36* above existing grade. ' ^ Weather conditions during the time the photos were taken were light snow and light breeze (2 to 5 nqjh). The attached map shows the locations where all the photos were taken with the exception of photo number 13 which was taken along NYS Route 96B at the Scenic Overlook. This location was approximately two miles south of the limits of the location map and the balloons were not visible as shown in the photograph. Due to the distance the photographs were taken from the balloons, some of the balloons are difficult to see; therefore we have inserted a circle into the photographs to better identify fhe locations of the balloons. If you have any questions, please do not hesitate to contact us. Very Truly Yours, O'BRIEN & GERE ENGINEERS, INC. Micnael X Petrie Senior Project Designer cc. Mr. John Fennessey / \ O'Brien & Gere Engineers. Inc.. an O'Brien & Gere compony 5000 Brittonfield Parkway / P.O. Box 4873. Syrocuse. New York 13221-4873 (315) 437-6100 / FAX (315) 463-7554 . ht^a:// www.obg.com ... and offices in major (/.& cUies LEGliND ' ^ ® BALLOON LOCATION ©-^ PHOTO NUMBER AND LOCATION Vy/iUMms C# RLE NO 8526/36097¥Sa OBRIENEOERE eNGlNEERS INC.CONIFER VILLAGE SENIOR LIVING COMMUNITY BALLOON PHOTO LOCATIONS DATE 1/5/05 dWg No. , Photo No.1Linderman IIIConifer VillageEast of Building No. 208Senior Living CommunityCypress Court1/5/05 Photo No. 2Linderman IIConifer VillageSenior Living Community1/5/05 •.M- —^Photo No.3Bus Circle at North end of Conifer DriveConifer VillageSenior Living Community1/5/05 . :■ ■' ■■. '■ ••.'■•'-&; \:-'.-•• •■ ••... ■. -i^-^■> . . V-',.-• «..'.-?s?sa■ZT'iili7H7l.Mite^ k Ml. </»^--«T. / V^ * -**•• . .. •- r ''".s't'i ■ \,r ' '":}Photo No.41304 NYS Route 79Conifer VillageJohnson PropertySenior Living Community(NO VIEW OF BALLOONS)1/5/05 . . : -r' ,% vv • * •*, . •'.. • — • ••• --v.. 'n r'-^-irrf-■:;-.i-V:.tr >, - .•*• * *-•*> r r VPhoto No.5Temporary Road to Linderman III, off NYS Route 79Conifer VillageSenior Living Community1/5/05 ■X-•■-Ik'■/■■■ >"•^n.' ^i".Photo No. 6Intersection of Rachel Carson WayConifer Villageand NYS Route 79Senior Living Community(NO VIEW OF BALLOONS)1/5/05 '4U 'jC^^Mir^otT^j^:>1•1-rt-v'v4-.V. ^Y.-/ ^ ¥."V' ; '^'";' 'iti. : IMW . 'S '"'!*•-\--.X .—,3;.(i'A. /' >■}■'■LW'VM-.r ;//;■\ oVfl-M /-I-\ ..\v":XPhoto No. 7Rancher Property off NYS Route 79Conifer VillageNorth of Hub's AntiquesSenior Living Community1/5/05 Photo No. 8NYS Route 79Conifer VillageEast of Hub's AntiquesSenior Living Community(NO VIEW OF BALLOONS)1/5/05 ' .'■^;J.w-- •Photo No. 9Conifer VillageSenior Living Community1/5/05Future Tovi/n Park, off Oakv^food LaneGravel Access Road west of 130 Oakwood Lane :>•:'•• n ■■. -fr"- ■ *•■ ••5 ' •-•;.>J» •^•-:Photo No. 10Future Town Park, off Oakwood LaneConifer VillageWest of Gravel Access RoadSenior Living Community1/5/05 n v..■>>'::■■■:<■'Jtm.Photo No. 11Southwest of Future Town Park, off Oakwood LaneConifer VillageSenior Living Community1/5/05 )Jt ^" .541:Photo No. 12West of 208 Cypress CourtConifer VillageSenior Living Community1/5/05 MPhoto No. 13NYS Route 96B at Scenic OverlookConifer Village(NO VIEW OF BALLOONS)Senior Living Community1/5/05 :)).^!-T v..vof-" a-:;■■ i-.-•ir- -i;." -•=Photo No. 14East Shore Park, off NYS Route 34Conifer Village(NO VIEW OF BALLOONS)Senior Living Community1/5/05 Photo No. 15NYS Route 13Conifer VillageAt bend, south of Cayuga Heights RoadSenior Living Community(NO VIEW OF BALLOONS)1/5/05 SCHEME B - FLAT ROOF II 1 II m 1 CONIFER VfLLAG SCHEME B - FLAT ROOF Fnl ll e Li i JAN 5 2006 LJ - 'Vi-*',CA i-: :c:\:cERING wcrwftcc Ksm KEY PLAN <3) CONIFER VILLACI * * c H , T t c T U R t r I A N R , R , o*E- uo aiaoa Town Boar Meeting January 9, 2006 ATTACHMENT ^7 BARNEY, GROSSMAN, DUBOW & MARCUS f ATTORNEYS AT LAW SENECA BUILDING WEST n SUITE 400C. Barney Facsimile V G. Grossman 1'® EAST SENECA STREET (607) 272-8806 David a. Dubow ITHACA, NEW YORK 148SO (not for service of papers) Randall b. Marcus Jonathan A. Orkin (607) 273-6841 Kevin a. Jones January 5,2006 Honorable Catherine Valentino Town Supervisor, Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Re: Arrangements for Transition of Legal Counsel for the Town for the Year 2006 Dear Cathy: I understand that a majority of the Town Board of the Town of Ithaca wishes to change legal counsel and expects to appoint attomey Susan Brock as Attomey for the Town for the year 2006. While we would be more than happy to continue as Town counsel, if this is the Town's choice, our main concem turns to making the transition as painless as possible for the Town, its officers, staff, and constituents. Before outlining some suggestions in this regard, we do want to express our appreciation to the current Town Board and its predecessors for allowing us the opportunity and privilege to serve as legal counsel for the Town of Ithaca, in one form or another, since 1954. Thank you for your confidence and trust for that some 52 years' relationship. If the Town is inclined, we would suggest a transition arrangement along the following lines: 1. Effective upon her appointment (presumably January 9,2006), or such later date as the Town and Susan may mutually determine, Susan would become the ofHcial attomey for the Town and would assume responsibility for all work originating on and after that date, including attendance at those meetings for which the Town requests presence of legal counsel. 2. We would endeavor to complete those matters on which we are working as of the transition date. Within a week or two after the transition, we would try and provide a list ^ ^ of those matters for you. Included in those matters would be, if the Town agrees, the BARNEY, GROSSMAN, DUBOW & MARCUS Honorable Catherine Valentino January 5,2006 '' > Page 2 ' ^ ' I continued representation of the Town in connection with the Bolton Road litigation (as you are aware the Town and the Southern Cayuga Lake Intermunicipal Water Commission share the cost of legal representation on that matter due to the commonality of the interests of the parties). We would anticipate that the completion of the matters presently in our office would take several months with the expectation that all matters could be concluded by the end of June, 2006, except for the Bolton Road matter if the litigation continues beyond that date. 3. We would make available to Susan access to all of our Town files at mutually convenient times to the extent she deems it necessary, as well as any copies or other information regarding various matters and history of matters in the Town that we can provide and that she may desire or find useful. 4. We would continue the billing arrangements as in effect for the last year, namely billing at an hourly rate of $170 per hour until the our work for the Town is complete. This is the same rate as that we have been paid for 2005. As I indicated to you last Fall during the budget preparation period, per your request we had agreed not to seek an increase in the hourly rate for 2006. As has been the case in the past, out-of-pocket disbursements such as Federal Express charges, long distance telephone charges, abstracting fees, outside copying fees, reasonable travel expenses (if any), and any other out-of-pocket ( \ expenses, would continue to be charged at cost. In addition, if we were to incur \ \ substantial mileage costs in our personal cars, those would be charged at the rate allowable by the Internal Revenue Service as a deduction witiiout itemization (currently around $.40/mile). If we incur copying expenses within our office for a substantial amount of copying, the charge would be $.05 per copy. These costs are advanced as incurred, and are included in our periodic billings for fees. We would anticipate that billings would be made monthly payable within 30 days of submission of the billings. 5. The arrangements outlined in this letter may be ended at any time by either party for any reason, or for no reason at all. Obviously, if a change were being contemplated by either of us, we would hope that whoever is deciding to end the relationship would provide as much lead time as possible to the other so appropriate adjustments might occur, but lengthy advance notice is not a required precondition to severing the relationship, hi the event of such severance, we would continue to cooperate fully in transferring files and information to the counsel chosen by die Town and would, of course, expect to receive the agreed compensation up through the completion of the transition. If the above suggestions are acceptable to the Town, it would probably be wise to execute duplicate copies of this letter for our respective files as confirmation that we have agreed on the above arrangements. A space for such action is provided below. If the suggestions are not acceptable, please let me know the Town's concerns and we can discuss them and see if there are other arrangements that would be more acceptable to the Town. ( \ BARNEY, GROSSMAN, DUBOW & MARCUS Honorable Catherine Valentino f s January 5,2006 Page 3 Again, thank you very much for the opportunity to work with you and your predecessors, the various Town Boards over the years, and the very capable Town personnel that the Town is fortunate to have in its employ. Very truly yours, JCB:sls The Town of Ithaca agrees to the foregoing arrangements. Dated: Catherine Valentino, Town Supervisor Town of Ithaca ^ \ f \ January 9, 2006 Town Board Meeting ATTACHMENT #8 A€Ei';DA#22 SUSAN H. BROCK Attorney at Law ^ > 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clarityconnectcom Facsimile: 607-277-8042 January 5,2006 Supervisor Catherine Valentino Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Re: Engagement Letter for Legal Services Dear Supervisor Valentino: This will confirm the terms on which the Town of Ithaca is retaining me to provide legal services as the attorney for the Town. My hourly rate for these services is $150.00. All time, including but not limited to meetings, telephone calls, document drafting, court appearances and research, will be billed on an hourly basis, to f the nearest one-tenth of an hour. In addition to my time charges, I will bill for my actual disbursements, ^ including but not limited to long distance telephone and long distance fax charges, photocopying in bulk, * and other miscellaneous out-of-pocket expenses. I will submit monthly bills showing a detailed description of services and a breakdown by day as to how much time was spent on Town matters. The bills will also show an itemization of disbursements for which the Town is being charged. Upon the Town's request, I will provide separate bills for specific matters. In the event that a dispute arises between us relating to my fees, the Town shall have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, a copy of which will be provided to you upon request. If the foregoing accurately describes our agreement, please sign the enclosed copy of this letter and return it to me in the enclosed self-addressed stamped envelope. The other copy is for your records. Please do not hesitate to discuss with me any questions you may have about this letter or any future bills. I have very much enjoyed working with the Town over the past years and look forward to my work as the attomey for the Town. Sincerely, Susan Hajda Brock ' ^ Enclosures f \ Signature: Date: WEST HILL DRIVE ACCEPTANCE AGREEMENT PAGE 3 Of 4 applied toward any cost or expenses incurred by the Town in the event of any default by the Developer in the performance of its obligations under this agreement. If the Developer shall fully perform this agreement in accordance with its provisions, said sum shall be returned to the Developer, or said letter of credit discharged, upon resolution by the Town Board. 8. The Developer agrees to furnish to the Town an abstract of title certified at least to the date of recording the said deed. The deed will be a warranty deed with lien covenant. Copies of the revised map will be furnished in such amounts as will be sufficient for distribution to various Town officials and for filing. 9. Upon the execution of this agreement and upon the acceptance of the insurance policy and money, or letter of credit, the Town will accept the aforesaid deed, which will be recorded in the said Clerk's Office concurrently with said deed. 10. In the event the Developer fails to make any payments to the Town as required hereunder, the Town may, at its option, pursue any one or all of the following remedies to enforce the collection of any such amount: a. The Town may bring an action at law to collect such amount as on a contract; b. Any such unpaid amount shall be added to the Town Tax due with ^ respect to Town of Ithaca Tax Parcel 24.-4-14.23, also known as Phase la of the Overlook at West Hill project owned by the Developer and shall be payable on the first day of January next following demand for payment by the Town; c. The amount of any such sum which remains unpaid and is due to the Town shall be a lien on the property presently owned by the Developer lying within the boundaries of the subdivision as shown on the subdivision development map hereinabove described, but such lien shall in no manner be effective against a bona fide purchaser or any separate lot on which a dwelling unit has been erected unless a notice of this lien signed by the Supervisor of the Town of Ithaca and indexed to the Developer describing specifically the amount due has been recorded or filed in the Tompkins County Clerk's Office prior to the recording of the deed to such purchaser. The Town agrees that no such lien shall be so recorded or filed unless a notice in writing sent by certified mail, return receipt requested, has been sent to the Developer at the address of the Developer set forth at the beginning of this agreement or a such other address to which the Developer shall have directed (by written notice delivered to the Town), and 60 days have elapsed from the date on which such notice as mailed; and either said sum has not been paid, or the Town and the Developer have not adjusted the matter to the satisfaction of the Town. WEST HILL DRIVE ACCEPTANCE AGREEMENT PAGE 4 of 4 11. This agreement shall bind the parties hereto, their respective successors and assigns. ^ \ 12. Each Party represents and warrants to the other that the execution of this Agreement has been duly authorized by it and that the individual signing below has authority to execute this Agreement upon such party's behalf. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. DATED:NAME OF PROJECT: BY: as President TOWN OF ITHACA BY: as Town Supervisor STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.: r^ t s On this day of 20 , before me, came to me resides atpersonally known who, being by me duly sworn, did depose and say that s/he , Ithaca, New York, and that s/he is the Supervisor of the Town of Ithaca, who executed the within instrument, and s/he acknowledges to me that s/he executed the same, and that such execution was on behalf of the Town of Ithaca and that the Town Board of such Town duly authorized such execution. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.: On this day of , 20 , before me, came personally known who, being by me duly swom, did depose and say that s/he Ithaca, New York, and that s/he is the President of to me resides at . the corporation described in and which executed the within instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that s/he signed his/her name thereto by like order. Notary Public January 9, 2006 Town Board Meeting ATTACHMENT #8 i d.a^z2 AGREEMENT ^ TOWN OF ITHACA THIS AGREEMENT, made between Overlook at West Hill LP. a New York limited liability company, doing business at 31-87 Steinway Street, Suite Five, Astoria, New York 11103, and the Town of Ithaca, a municipal subdivision of the State of New York with offices at 215 North Tioga Street, Ithaca, New York 14850. WITNESSETH: WHEREAS, Overlook at West Hill LP. (the "Developer") has requested the Town of Ithaca (the "Town") to accept a deed, for the Town Highway purposes, by which the Developer will convey to the Town the parcel of land shown as a proposed Town Right-of- Way on Drawing C301 of the construction Drawings for Overlook at West Hill prepared by TG Miller Engineers and Surveyors and dated 20 December 2004, commencing at the westerly edge of The NYS Route 96 Right-of-Way and extending westerly to Station 7+00. The typical width of the Right-of-way is 60 feet between station 1+50 and Station 7+00 and widening to approximately 80 feet between station 1+50 and the NYS right-of-Way, including a 60 foot wide strip centered on station 6+06.8 and extending approximately 60 foot to the south; and WHEREAS, the road to be conveyed has not yet been completed to the Town of Ithaca specification; and ^ WHEREAS, the Town is willing to accept a conveyance of said road although it has 1 not as yet been completed provided, however, that the Developer complies with certain conditions hereinafter set forth. NOW, THEREFORE, in order to induce the said Town to accept the title to said strips of land for municipal purposes in consideration of the premises and the mutual agreements hereinafter set forth, it is agreed as follows: 1. The Town will accept a conveyance of said roads and related strip of land. 2 The Developer agrees to complete said road and related facilities in the boundaries of the right-of-way as conveyed by the Developer to the Town concurrently herewith. Said road must be completed in accordance with the specifications established by the Town of Ithaca for completion of Town Highways prior to their acceptance by the Town as Town Highways. The final determination as to whether or not such roads have been completed in accordance with the specifications of the Town shall be made by the Town Board upon the recommendation of the Town Highway Superintendent. Such roads must be completed not later than October 30, 2006. 3. The Developer agrees to install permanent concrete monuments with steel or iron pipe inserts, in accordance with specifications furnished by the Town \ Highway Superintendent or Town Engineer, such monuments to be installed at I \ such locations as Superintendent or Engineer may specify. Such monuments WEST HILL DRIVE ACCEPTANCE AGREEMENT PAGE 2 of 4 shall be Installed within the period required for the completion of the roads as ^ ^ herelnabove set forth. 4. The Town consents to the entry on the unfinished portions of said roads by the Developer and the contractors and agents of the Developer for the purposes of completing the roads in accordance with this agreement. 5. The Developer agrees that upon completion of the roads, it will furnish a revision of the aforesaid map, to be certified by a competent surveyor, showing the monuments, as the same are actually located as herelnabove described. 6. The Developer agrees to indemnify and save and hold harmless the Town, its officers (including the Town Highway Superintendent and Town Engineer), agents, contractors and employees from and against all suits, claims, loss, liability or expense (including costs and attorney's fees) by reason of any liability imposed upon the Town or any damage to property, including loss of use thereof, resulting from any condition of the uncompleted portions of the said streets or which may result from any work or operations on the said uncompleted portions of said streets by the Developer, its contractors, agents, employees or invitees. In this respect, the Developer shall provide and maintain at its own expense insurance coverage for public liability and for the contractual liability of the Developer under this agreement. Such policy shall provide or include coverage f ^ for all operations of the Developer in completing the work on the streets / \ required by this agreement; completed operations; personal injury and board' from property damage. The amount of the policy shall be at least $1,000,000 aggregate limits or in such other amounts as the Town may reasonably require. The policy shall be reviewed by the Town's insurance counsel to determine whether it adequately protects the Town and the Developer shall comply with any reasonable requirement of the insurance counsel. 7. If the Developer fails to complete the said roads as required by this agreement, or otherwise defaults in the performance of this agreement, the Town may notify the Developer of said failure or default and demand that the Developer correct said failure or default within a reasonable time specified by the Town in said notice. If the Developer fails to correct said failure or cure said default within the time specified by the Town, then the Town may proceed to complete said roads and the Developer agrees to pay to the Town on demand the cost of completing said roads including all necessary expenses and obligations and liabilities insured by the Town in connection with completing said work. As partial security for the performance of such work, and as a source of payment of the costs and expenses incurred by the Town in connection with the foregoing, the Developer agrees to deposit with the Town either cash or an unequivocal irrevocable letter of credit (in form and substance satisfactory to the Town^^ Attorney) in the sum of $25,000.00 which if cash, shall be deposited in an, ^ account in the name of the Town. The funds in said account, or the amount^ ^ provided by the letter of credit, (including any interest accrued thereon) shall be | January 9, 2006 Town Board Meeting ATTACHMENT #9 TOWN OF ITHACA CASH MANAGEMENT and INVESTMENT POLICIES and PROCEDURES INTRODUCTION Section 39 was added to the General Municipal Law in 1992. This State Legislative law requires that all counties, towns, village, school districts, boards, cooperative education services, district corporations as defined and described by the General Construction Law, section 36, and any other political subdivision of the State of New York, adopt by resolution a comprehensive investment policy detailing the operational policy and instructions and staff regarding the investing, monitoring, managing of cash and other liquid assets and reporting to the local govemment. In this case the Ithaca Town Board. This legislation formalized such policies and procedures for local governments to enable them to: / ^ - establish a prudent set of basic procedures to meet the investment ^ objects of local govemment, - to take measures in assuring that investment assets of the local govemment are adequately protected, and collateralized, - establish and maintain a system of intemal controls which include accounts and records which will accurately reflect in practical detail, all investment and cash transactions, and to finally - provide local govemment (E.g. Ithaca Town Board) with accurate financial reports and records which reflect investments, assets and other liquid assets in compliance with Generally Accepted Accounting Principles (GAAP). Due to the enormous differences of local governments (size, operations and sophistication) the State Legislature found it inappropriate to mandate specific procedures but requires that the adoption of any cash management and investment policy address at a minimum, design broad areas to achieve ^ ^ such basic investment and management objects as: a list of authorized investments, To assist local government with this tedious task and maintaining compliancy with General Municipal Law, section 39, the Chief Fiscal Officer and Town Budget Officer has tumed to the New York State Comptroller's Office and it's "model investment policy" in formulating this Cash Management and Investment Policy for the Town of Ithaca. Beginning on page 3 of this document for this governing board's review, discussion and adoption is the Town of Ithaca's Cash Management and Investment Policy. The Town Chief Fiscal Officer, Cathy Valentino and Town Budget Officer, A1 Carvill strongly recommends that this document be reviewed annually or whenever new investment of cash management legislation becomes law or mandated by other investor and financial agencies. (E.g. Moody's, SEC.) This document should also be reviewed as staff capabilities change or as any other internal or external issues dictate. '' > ^ \procedures which ensure the local government's financial interest in investments, standards for written agreements consistent with legal requirements (E.g. custodial and collateral agreements), procedures for the monitoring, control, reporting and retention of investments and collateral, standards for security and custodial agreements consistent with legal requirements, standards for diversification of investments which include the type of acceptable and allowable investment and firm (E.g. financial institutions) that can transact business with local government, and lastly, design or look to market and regulatory standards for reputable investment agents (E.g. Tompkins Trust Company) which will transact business with local government (E.g. Town of Ithaca). / \ I \ ( \ ( 1 f \ \ f \ ! \ CASH MANAGEMENT and INVESTMENT POLICY FOR THE TOWN OF ITHACA 1. SCOPE This cash management and investment policy applies to all moneys and other financial resources available for investment on of the Town of Ithaca. H. OBJECTIVES The primary objectives of the Town of Ithaca's Cash Management and Investment Policy are, 1. conformance with federal, state and other legal requirements; 2. to adequately safeguard all cash principal; 3. to provide sufficient liquidity to meet all operations: 4. and to obtain a reasonable and safe rate of market yield. HI. DELEGATION OF AUTHORITY The governing town board's responsibility for administration, and monitoring of the Town's Cash Management and Investment Policy is delegated to the Town's Chief Fiscal Officer (which is the Town Supervisor) and the Town Budget Officer for the specific reason that is these Town Officers that have day-to-day custody of all Town money. This custodianship shall include adequate and practicable internal controls that will provide satisfactory levels of accountability within the Town's accounting and financial records and reports. IV. PRUDENCE ^ Everyone who is involved in the cash management and investment / ^ process is expected to act responsibly as custodians of the public trust and will avoid any transactions which might impair public confidence in the Town of Ithaca to administrate any/or govern effectively. V. DIVERSIFICATION It is the policy of the Town of Ithaca to diversify it's cash deposits and investments whenever practicable and to the benefit of the Ithaca Town community by institution, by both investment and account type and maturity scheduling. VI. INTERNAL CONTROLS It is the policy of the Town of Ithaca for all moneys collected by any officer or employee of the Town of Ithaca to give such funds to the Town's Chief Fiscal Officer or Town Budget Officer who shall deposit such funds within three (3) business days, or within a i \ time period specified by law, whichever is shorter./ \ The Town's Chief Fiscal Officer and Town Budget Officer or any other employee or agent having custody of Town moneys is responsible for maintaining effective intemal controls in safeguarding the cash assets of the Town of Ithaca against loss. Such transactions are to be recorded properly in the Town's accounting banking records. VII. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the depositing of Town moneys and investments shall be annually designated under resolution by the governing town board. \ ( \ I \ ( \ I \ VII. COLLATERALIZING DEPOSITS General Municipal Law, section 10 provides for all deposits of the Town of Ithaca, including certificates of deposits , money market accounts, savings accounts, demand accounts that are in excess of the amount insured under those provisions of the Federal Insurance Deposit Act shall be secured: 1. By a pledge of "eligible securities" with an aggregate "market Value" , or provided by General Municipal Law, Sec. 10, equal to the aggregate amount of deposits a designated in Appendix A of this policy. IX. SAFEKEEPING and COLLATERALIZATION Eligible securities used for collateralizing the deposits of the Town of Ithaca shall be held by the bank or a third party custodian in the name of the Town of Ithaca subject to the terms and conditions of a security and custodial agreement. The security agreement shall provide that eligible securities are being pledged to secure the Town of Ithaca deposits together with agreed upon interest, if any, and any costs or expenses arising out of The collection of such deposits upon default. It shall also provide the conditions under which securities may be sold or substituted or released and the events which enable the Town of Ithaca to exercise its right against the pledged security(ies). In the event that the securities are not registered or inscribed in the name of the Town of Ithaca, such security(ies) are to be delivered and transferred in a suitable form to the Town of Ithaca or its custodial beink. The custodial agreement is to provide that securities held by the bank or trust company, agent or custodian fro the Town of Ithaca, will be kept in a separate account, apart from the general assets of the custodial bank, the bank, trust company or agent. In brief, these securities are not to be commingled with the assets of the financial institution. The agreement will also instruct and direct that the custodian shall confirm the receipt, substitution or release of ^ ^ securities. The agreement will also identify the frequency for ^ valuing those collateral securities held for the benefit of the Town of Ithaca. X. PERMITTED INVESMENTS The Chief Fiscal Officer, treasure or any other officer who has custody of municipal money to invest funds to invest idle funds not needed to meet immediate expenditures. The following types of investments are: - Special time deposit - Certificate of deposits - Obligations of the United States of America - Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America. - Obligations of the State of New York - With approval from the State Comptroller, obligations issued pursuant to Local Finance Law, sections 24 & 25 by any municipality, school district or other municipality corporation. - Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where general State statutes governing such entities or whose specific enabling legislation authorizes such investments. - Certificate of Participation (COPs) issued pursuant to General Municipal Law, section 109b, and - Obligations of this local government, but only with moneys in a reserve fund established under General Municipal Law, sections 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-1, 6-mor 6-n. V ( \ < \ I \ The State Comptroller directs that all investments are payable or redeemable at the option of the Town of Ithaca within such times as the proceeds will be needed to meet expenditures for which the moneys were initially provided and, when obligations have been purchased with the proceeds of bonds or notes, they too will be payable or redeemable at the option of the Town of Ithaca within two years of the date of purchase. ^ I s XI. AUTHORIZED FINANCIAL INSTITUTIONS The Town of Ithaca will annually under separate resolution designate the Town Official Depositories for the purpose of depositing and investing Town funds. The may also establish, if desired, appropriate limits to the amount of funds that can be invested in any or specific financial institution. All financial institutions doing business with the Town of Ithaca must be credit worthy. Each financial institution at the discretion of the Chief Fiscal Officer or other Officer having custody of Town funds may request the Consolidated Report of Condition (financial statement commonly referred to as the Call Report) of any bank or financial institution doing business with the Town of Ithaca. The Chief Fiscal Officer and the Town Budget Officer recommend that the governing town board annually designate ^ under separate resolution those depositaries, and other financial ^ ' custodians of town funds annually. CASH MANAGEMENT and INVESTMENT POLICY FOR THE TOWN OF ITHACA Schedule of Eligible Securities (1) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest by the United Sates of America, an agency thereof or a United States government sponsored corporation. (2) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such State or obligation of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys. (3) Obligations of counties, cities, and other governmental entities of ^ a state other than New York State , having the power to levy ^ ^ taxes that are backed by the full faith and credit of such government entity and rated in one of the three highest rating categories by at least one (E.g. Moody's) nationally recognized statistical rating organizations. (4) Any mortgage related securities, as defined in the Securities and Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies. / s f f \ January 9, 2006 Town Board Meeting ATTACHMENT if 10 2006 AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONIES AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: 1. GENERAL REPAIRS. The sum of $130,000 shall be set aside to be expended for primary work and general repairs upon 8 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sum of $25,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. The following sum of $55,000 shall be set aside to be expended for the permanent improvement of Briarwood Drive to apply an overlay of approximately .34 miles of the road. The following sum of $110,000 shall be set aside to be expended for the permanent improvement of Christopher Lane to repave approximately .50 miles of the road. The following sum of $90,000 shall be set side to be expanded for the permanent improvement of Muriel Street to apply an overlay of approximately .52 miles of the road. Executed in duplicate this 9^^ day of January 2006. Supervisor Coimcilperson Coimcilperson Councilperson Coimcilperson Councilperson Councilperson Councilperson Town Highway Superintendent NOTE: This Agreement should be signed in duplicate by a majority of the members of the Town Board and by the Town Highway Superintendent. One copy must be filed in the Town Clerk's office and one in the County Superintendent's office. THIS FORM NO LONGER HAS TO BE SIGNED BY THE COUNTY SUPERINTENDENT (1994) . COPIES DO NOT HAVE TO BE FILED IN ALBANY. TOWN OF ITHACA, NEW YORK ■^THE SUPERVISOR: 1-0ENDA#39 ATTACHMENT DECEMBER, 2005 PAGE 1 uant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received 1 le in connection with my office during the month stated above, excepting only such fees and moneys the applicationand payment of which are otherwise provided for by Law: A1255 6 MARRIAGE LICENSES NO. 05127 TO 05132 105.00 1 MISC. COPIES 1.00 3 TAX SEARCH 15.00 12 MARRIAGE TRANSCRIPT 120.00 TOTAL TOWN CLERK FEES 241.00 A1557 1 SPCA IMPOUND FEES 80.00 TOTAL A1557 80.00 A2544 DOG LICENSES 450.10 TOTAL A2544 450.10 B2110 14 BUILDING PERMIT 2,815.00 3 BUILDING PERMIT EXTENSIN 150.00 ' \1 FIRE SAFETY INSPECTIONS 110.00 '4 ZONING BOARD MTG 400.00 1 OPERATING PERMIT 300.00 TOTAL B2110 3,775.00 B2115 1 SUBDV. REV. PRELIM. PLAT 400.00 1 SUBDV. REV. FINAL PLAT 140.00 1 SITE PLAN INIT. APL. FEE 100.00 2 SITE PLAN PRELIM. PLAN 3,500.00 TOTAL B2115 4,140.00 TOWN CLERK'S MONTHLY REPORT DECEMBER, 2005 n page 2 I f ^ DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 771.10 I PAID TO SUPERVISOR FOR PART TOWN FUND 7,915.00 PAID TO COUNTY TREASURER FOR DOG LICENSES 81.90 PAID TO AG & MARKETS FOR DOG LICENSES 12.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 135.00 TOTAL DISBURSEMENTS 8,915.00 n ! ) JANUARY 3,2006 ^ SUPERVISOR STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a foil and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public \ ^ I \ ^ I Town Engineer*s Report for 1/9/2006 Town Board Meeting GENERAL Staff The Town has advertised the vacant Civil Engineer position and a civil service exam has been scheduled for January 7,2006. We hope to have a qualified candidate from that exam to enable us to fill the vacancy by March of2006. Pre-Disaster Hazard Mitigation Plan FBMA has approved the Tompkins County Multi-Jurisdictional All Hazard Mitigation Plan, and the plan is being brought to each municipality for acceptance early in 2006. The plan is available in the Town Offices for review and is currently posted on the Tompkins County Planning Department web page. EARTH FILL PERMITS No fill permits issued in December 2005. WATER PROJECTS SCLIWC Office Addition There are still a number of punch list items remaining to be completed before the General Construction ^ ^ Contract with Keuka Construction can be closed. East Hill Transmission Main and Storage Tank The Contractor is maintaining sediment and erosion control; measures during the Winter shutdown. The project is a SCLIWC funded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services with reimbursement from the Commission. Trumansburg Road Water Tank The Engineering staff is preparing plans and specifications to make minor improvements to the tank overflow and for recoating the interior and exterior of the tank in 2006. Trumansburg Road Water Main The Engineering staff has started planning of a replacement for the 70+-year-old 6" cast iron water main, which serves Trumansburg Road fi'om the City line up to Dates Drive. The age of the water main and the limited flow capacity are the basis for the replacement plan. Hanshaw Road Water Main Replacement ^ ^ The final design for the Hanshaw Road water main replacement, scheduled in conjunction with the Coimty Project to reconstruct Hanshaw Road, is being completed. This capital project will be brought to the board for approval in the late winter or spring of 2006. TOWN ENGINEERS REPORT 1/9/2006 ^ I / SEWER PROJECTS lAWWTF Phosphorus Removal Project Installation of the process equipment is complete. Testing and start up of the treatment process will require several months of operation prior to final acceptance of the project. DEC will be monitoring the effectiveness of the Phosphorus removal process. Joint Interceptor Sewer Projects The First Street Interceptor construction shut down for the winter. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that was collected by the engineering intems will be processed and developed into a stormwater model for the Town. Northeast The Town Engineer provided the County Consultant for Hanshaw Road the watershed analysis and drainage^ ^ plan for the Salem Drive area and the Hanshaw Road drainage system. Drainage improvements for the f reconstruction of Hanshaw Road will be designed based on this information. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. One of the lots has been sold and a house built. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase II improvements is substantially complete. The developer is working on final stabilization and restoration of the road cuts and drainage system. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site, which is currer. ^ in compliance with the sediment and erosion control plan and general permit fi"om DEC. ^ ^ I Town Engineer's Report January 9,2006 Daniel R. Walker Page 2 1/3/2006 TOWN OF ITHACA Public Works Department's Monthly Board Report December 2005 for the January 9,2006 Meeting ROADS: We started out December cleaning up after all the heavy rain in November. The culmination of the heavy rains left us with blocked culvert pipes. We have experienced a large amount of garbage besides the normal debris that is in our ditches. We only had one wash out on Woodgate Lane that will necessitate us changing the road pipe when the weather warms up again in the spring. We began moving into our normal winter operations. We had more snow in December than we have had in recent years, which required us to purchase and mix salt. In addition, we were able to clean out some ditches and cut some brush and dead trees in the rights-of-way. Our maintenance bays were busy with employees making minor repairs to vehicles. Some vehicles have to go from our regular work to leaf pick up to winter maintenance as seamlessly as possible. We also were engaged in doing maintenance and performing service on equipment to be stored for the winter, such as lawn mowers and the two leaf vacuums. We installed our new tracks for the Bobcat skid steer loader to allow us to use the machine in wet, sloppy and snowy conditions. They work very well. This will allow us to do certain off-road jobs earlier in the spring, as well as during inclement weather the rest of the year. Numerous signs were installed and we instituted a new sign inventory program, which will allow us to keep better track of road signs and maintenance of them. We sent out the sewer vacuum to clean catch basins. We also sent out the leaf vacuum to clean leaves from the tops of catch basins and culvert pipes to hopefully allay any problems. PARKS AND TRAILS: We continued our site checks on all parks, trails, and play structures. We spent a number of days removing brush and dead trees along our walkways that were causing problems. We also accomplished a little more on the Tutelo Park comfort station. WATER: In December, we had quite a few water main breaks. They were at 118 Troy Road, 114 Rich Road, 219 Snyder Hill Road, 404 Salem Drive, and one at 1551 Slaterville Road. n We also repaired a number of water valves that were not functioning properly. There f ^ were dead trees to be removed at the Coy Glen Road pump station and Sapsucker ^ Woods Road water tank. We did a confined space entry for the Town of Ulysses water tank for which we billed them. We continued working on our new water trailer for the water breaks and we were able to get it in service before the end of the month. SEWER: We cold patched around a number of manholes so that the plows would not catch on them. We continued on our manholes checks to identify any repairs that are needed. We repaired several manholes, which had groundwater infiltration using a new product and special equipment purchased for this type of repair. Projects to be worked on in January: 1. Snow removal as necessary. 2. Tree and brush trimming. 3. Manhole repairs. 4. Continue working at Tutelo Park. 5. Sign maintenance. 6. Christmas tree pick up (week of 1/17/2006). ghk ' ^ TOWN ENGINEERS REPORT 1/9/2006 OVERLOOK ON THE WEST HILL Site work has continued with the mass grading for Phase 1 substantially complete. Both onsite and off site water and sewer improvements are substantially complete. Dedication of the portions to be owned by the Town will occur after all tests and certifications are complete and record drawings are received. The Engineering staff is monitoring the site sediment and erosion control measures. r \ Town Engineer's Report January 9,2006 Daniel R. Walker Page 3 1/3/2006 TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF DECEMBER 2005 MONTH YEAR TO DATE TVr ^ PERMIT YEAR U OF PERMITS AMOUNT AMOUNT sin' family 2005 2 365,615 37 7,745,745 RESIDENCES 2004 I 150,000 35 6,704,536 2005 0 0 2 277,000 TWO FAMILY RESIDENCES 2004 0 0 1 149,700 2005 I 15,000 21 241,984 RENOVATIONS 2004 1 95,000 17 498,792 2005 0 0 0 0 CONVERSIONS OF USE 2004 1 15,000 8 252,300 2005 4 236,312 24 1,124,076 ADDITIONS TO FOOTPRINT 2004 0 0 22 1,492,050 2005 0 0 28 5,675,650 MULTIPLE RESIDENCES 2004 0 0 0 0 2005 I Business Campus convert conference room into rental office space 15,000 28 28,238,148 BUSINESS 2004 0 0 9 3,078,500 2005 0 0 0 0 AGRICULTURAI-2004 0 0 2 39,000 2005 0 0 0 0 INDUSTRIAL 2004 0 0 0 0 EDl lONAL 2005 2004 0 4 0 208,700 64 31 49,840329 12,363,162 I I Demolish 2 story house 16'X 24'garage 2,000 19,500 I Tear off and reroof plus repair front porch 6,287 I Tear off and reroof 8,200 1 Reroof garage 1,200 I Demolish existing and construct new 60 foot boat dock 35,000 I E)emolish house 20,000 i Replace deck 2,155 MISCELLANEOUS 2005 8 94,342 56 653,047 CONSTRUCTION 2004 3 19,100 36 388,361 TOTAL NUMBER OF 2005 16 726,269 261 93,923,179 PERMITS ISSUED 2004 10 487,800 161 24,966,401 TOTAL FEES 2005 16 2,100 257 104,664 RECEIVED 2004 10 1,390 161 39,245 Date Prepared; Januaiy 2,2005 Dani L. Holford o December 200S, Page 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH -18 1. 278 Coy Glen Road - single-family SI square foot addition. ( ) 2. 11 SO Danby Road-La Tourelle spa and hotel addition-temporary. f 1 3. 278 Coy Glen Road - replace rotted sill plate. 4. 1408 Trumansburg Road - porch cover attached to farm store. 5. 161 Westhaven Road - tear off and replace roof covering. 6. 20 Renwick Heights Road - two-stoiy addition plus expand deck. 7. 319 King Road West - install skylights and wood stove. 8. 1172 Danby Road-700 square foot kitchen and bath addition and 2-car garage. 9. 46 Chase Lane - new 3-bedroom single-family with attached 2 -car garage. 10. 105 Southwoods Drive - new S-bedroom single-family home with attached 2-car garage. 11. 107 Wiedmaier Court - new two-family home with attached 2-car garage. 12. 6 Apple Blossom Lane - build detached garage and convert existing attached garage into storage. 13. 126 Snyder Hill Road - room addition and correct code deficiencies. 14. 138S Mecklenburg Road - convert garage into living area. 15. 697 Dryden Road - CU GEV Annex Machine Lab roof and wall repairs. 16. 203 Bostwick Road - new 3-bedroom modular with attached 2-car garage. 17. 219 Eastern Heights Drive - remove 8' x 36' deck and build new 12' x 36' deck. 18. 1S3 Westview Lane - install 1/2 bath and remodel existing bath. TOTAL CERTIFICATES OF OC:CUPANCV YEAR TO DATE, 2005 - 199 TOTAL CERI IFICATES OF OCCUPANCY YEAR TO DATE, 2004 - 202 _ 7^INQUIRIES/COMPLAINTS INVESTIGATED THIS MONTH - 2 1. 730 Elm Street Extension - zoning - pending. 2. 261 Coy Glen Road - occupancy - pending. From November 200S: 1. 1028 Ellis Hollow Road - building code - pending. 2. 110 Pineview Terrace - property maintenance - pending. 3. 113 Pineview Terrace - property maintenance - pending. 4. 3S0 Pine Tree Road - building code - pending. From October 200S: 1. 302 Pine Tree Road - signs - pending. 2. 1399 Slaterville Road - building code - pending. 3. 934B East Shore Drive - property maintenance - pending. 4. 819 Taughannock Boulevard - building code - pending. 5. 82S Taughannock Boulevard - building code - pending. 6. 103S Taughannock Boulevard - building code - pending. From Sentember 200S: 1. 208 Cypress Court - building code - pending. From April 200S: 1. 823 and 82S Danby Road - signage - pending. From August 2004: 1.312 Salem Drive - building code - pending state variance. I ) / ^ December 200S, Page 3 1 May 1995: ! 152 Danby Road - zoning and building code - Building Permit applied for corrections - sprinklers installed - partial abatement. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 2005 - 33 TOTAL COMPLAINTS INVESTIG ATED YEAR TO DATE, 2004 - 36 TOTAL FIELD VISITS THIS MONTH - 83 Uniform Building Code - 73 Local Law and Zoning Inspections - 9 Fire Safety -1 (elderly housing) Fire Safety Reinspections - 0 Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 2005 - II28 TOTAL FIELD VISITS YEAR TO DATE, 2004 - 1005 TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 2005 - 2 TOTAL SIGN PERMITS YEAR TO DATE, 2004 • 6 ZOMNC; BOARD OF APPEALS 1 MEETING, 4 APPEALS. 1 ADJOURNED APPEAL, AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY. DECEMBER 19.2005 7:00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public — Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, December 19, 2005, in Town Hall, 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7:00 P.M.. on the following matters: Granted tanted Jranted Iranted Jranted ADJOURNED APPEAL rfrom November 21. 2005") of Luke Bowes, Appellant, Ron Knewstub, Agent, requesting variances from the requirements of Chapter 270, Article VII, Section 270-45 of the Town of Ithaca Code, to be permitted to construct an open pile dock that exceeds the maximum 8-foot width and the maximum 300 square foot surface area required by Code. The property is located at 955 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 25-2-1, Lakefront Residential Zone. APPEAL of Richard Basile, Appellant, requesting a variance from the requirements of Chapter 270, Article IX, Section 270-71(C) of the Town of Ithaca Code, to be permitted to construct a +/- 6' x 8' porch addition along the eastern side of a home located at 116 Woolf Lane, Town of Ithaca Tax Parcel No. 23-1-11.122, Medium Density Residential Zone. Said addition will be located within the 15-foot required side yard setback. APPEAL of George Sheldrake, Appellant, Tracie Evans Sheldrake, Agent, requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60(C) of the Town of Ithaca Code, to bp^ permitted to construct a +/- 12' x 18' storage room addition along the northern side of a home locates ^ at 124 Seven Mile Drive, Town of Ithaca Tax Parcel No. 33-2-3.42, Low Density Residential Zone ^ Said addition will be located within the 40-foot required side yard setback. APPEAL of Glenn Hubbell, DBA Hub's Place Antiques, Appellant, requesting a variance from the requirements of Chapter 270, Article IX, Sections 270-66 and 270-67 of the Town of Ithaca Code, to be permitted to maintain an antique shop located at 1308 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27-1-14.1, Medium Density Residential Zone. An original, time-limited variance to allow the antique shop was granted in 1990 and extended in 1996. The most recent variance extension of January 24,2001 is set to expire on January 24,2006. APPEAL of Cornell University, Appellant, Integrated Acquisition & Development, Agent, requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-59 of the Town of Ithaca Code, to be permitted to construct a three-story, +/- 60,000 square foot office building for Cornell University, located at 395 Pine Tree Road, Town of Ithaca Tax Parcel No. 63-1-3.4, Low Density Residential Zone. Proposed structure exceeds the maximum height allowed by Code. Said Zoning Board of Appeals will at said time, 7:00 p.m., and said place, hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Jonathan Kanter, AICP Director of Planning 607-273-1747 f \ Dated: December 7, 2005 Published; December 12, 2005 2005 YEAR-TO-DATE FEESCOLLECTED BY THEBUILDING/ZONING DEPARTMENTBUILDINGPERMITSZONING BOARDOF APPEALSSIGNSFIRESAFETYBUILDING PERMITEXTENSIONSCERTIFICATES OFOCCUPANCYFOUNDATIONPERMITSOPER.ATINGPERMITSTOTALSJAN3,485.00400.000.00215.0050.001,187.500.000.005,337.50FEB2,630.00500.000.00160.0050.000.000.003,450.006,790.00MAR13,010.00300.00140.001,840.000.001,450.000.000.0016,740.00APR4,600.00200.0067.50367.500.00100.000.000.005,335.00MAY21,834.00500.000.00210.00200.00450.000.00300.0023,494.00JUN8,550.00500.000.00255.00425.001,125.00175.000.0011,030.00JUL30,410.00200.000.00310.000.00100.000.00250.0031,270.00AUG8,740.00200.000.00155.00125.001,260.000.003,500.0013,980.00SEP3,275.00400.000.000.00125.001,025.000.00200.005,025.00OCT2,735.000.000.0050.00150.004,525.000.0050.007,510.00NOV3,295.00300.000.0050.00237.500.000.003,882.50DEC2,100.00400.000.00110.00150.000.000.00300.003,060.00TOTALS104,664.003,900.00207.503,722.501,512.5011,222.50175.008,050.00133,454.00JANUARY - DECEMBER 2004 TOTALSBUILDINGPERMITSZONING BOARDOF APPEALSSIGNSFIRESAFETYBUILDING PERMITEXTENSIONSCERTIFICATES OFOCCUPANCYFOUNDATIONPERMITSOPERATINGPERMITSTOTALS[totals39,245.003,980.00447.601,857.50600.006,820.001,400.006,850.0061,200.10(( TOWN OF ITHACA PLANNING DEPARTMENT rHX / 215 NORTH HOG A STREET, ITHACA, N. Y. 14850^ Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for January 9. 2006 Town Board Meeting DEVELOPMENT REVIEW December 6.2005 Meeting: Drake 13-Lot Subdivision, Mecklenburg Road: The Planning Board granted Preliminary Subdivision Approval for the proposed 13-lot subdivision located on Mecklenburg Road (NYS Route 79) to the east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27-1-15.2, Agricultural Zone. The proposal involves the construction of a new cul-de-sac road off Mecklenburg Road for the development of 12 residential lots and one +/- 2.0-acre area reserved for open space. Approximately 62 acres of the original +/- 92.43-acre parcel will remain available for agricultural use. The Planning Board also granted Final Subdivision Approval for Lot No. 1 located directly on Mecklenburg Road. Robert Drake, Owner/Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. Rite Aid Pharmacy/Judd Falls Plaza Redevelopment, 322-350 Pine Tree Road and 946 Mitchell Street: The Planning Board granted Final Site Plan Approval for the proposed Rite Aid Pharmacy (+/- 14,564 square feet), which is the first phase of the redevelopment of the Judd Falls Plaza properties located at 322-350 Pine Tree Road and 930 and 946 Mitchell Street, Town of Ithaca Tax Parcel No.'s 62-1-3.2, 62-1-2.2, and 62-1-1, Community Commercial Zone. The proposal includes removing the existing plaza and construction of new stormwater facilities, parking, landscaping, and lighting. Future phases of development will consist of up to 30,000 square feet of additional retail, office, or other commercial space. Susan Hamilton, Owner; Ellicott Development Company for 1093 Group, LLC, Applicant; William A. Paladino, Agent. Cornell University transportation-focused Generic Environmental Impact Statement (t- GEIS): The Planning Board held the first of two Public Scoping Meetings to consider the Draft Scope outline (dated November 15, 2005) for the proposed Ten-year Transportation Impact Mitigation Strategies (TIMS) and the associated transportation-focused Generic Environmental Impact Statement (t-GEIS) being jointly undertaken by Cornell University and the Town of Ithaca. The t-GEIS will address transportation impacts on the community surrounding the campus related to an increasing population traveling to Cornell. The TIMS will evolve in response to the feedback obtained fi*om the t-GEIS process, and may include recommendations for transportation demand management, multi-modal transportation strategies, access and circulation modifications, and zoning changes. Kathryn Wolf, RLA, Principal-in-Charge. Copies of the Draft Scope outline are available at the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, NY (607-273-1747), or / ^ on the website for this project: www.tgeisproiect.org. ' s ^amiary 9, 2006 Town Board Meeting ^ r ^ . o|- [| December 20. 2005 Meeting: Conifer Village Ithaca Senior Living Community, Conifer Drive: The Planning Board granted Preliminary Site Plan Approval, Preliminary Subdivision Approval and issued an affirmative recommendation to the Town Board regarding a zoning change for the Conifer Village Ithaca Senior Living Community proposal consisting of a seventy-two (72) unit independent living rental project for seniors 55 years of age and older, located on a 9.0 +/- acre parcel north of the existing Linderman Creek Apartments Phase II and III, Tax Parcel No.'s 27-1-13.12 and 27-1-13.162, Medium Density Residential Zone. The remaining +/- 49 acres of the property is planned to be developed into a residential subdivision in the future. The proposal involves a +/- 80,555 square foot, three-story building, an 82-space parking lot, stormwater facilities, landscaping, and associated utilities. The project also includes a secondary "emergency only" access drive to NYS Route 79. This secondary access will utilize the western-most portion of the private road constructed for the completed Linderman Creek Apartments Phase III and II projects, (the west end of Cypress Court), to provide a connection between the senior apartments project site to the north and Route 79 to the south. This will require construction of a short driveway segment from Cypress Court, through a previously disturbed but undeveloped portion of the Linderman Creek Apartment Phase II and III site, to Route 79, thus requiring Site Plan Modification for the Linderman Creek Apartment Phase II and III project, on Tax Parcel No's. 27-1-13.18 and 27-1-13.17. The proposal also requires a rezoning request for the 9.0 +/- acres from Medium Density Residential to Multiple Residence. Conifer Realty, LLC, Owner/Applicant; John H. Fennessey, Agent. Ithaca College School of Business, Danby Road; The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed Ithaca College School of Business building located north of Job and Friends Halls on the Ithaca College campus, Town of Ithaca Tax Parcel No.'s 41-1-30.2 and 41-1-30.4, Medium Density Residential Zone. The proposal includes the construction of a new +/-36,500 square foot building which will include new classrooms, faculty offices, conference rooms, and an atrium for the School of Business. The project will also include new lighting, walkways, stormwater facilities, landscaping, and a +/- 3,780 square foot green roof. Ithaca College, Owner/Applicant; Fred Vanderburgh, Agent. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Reviews for Zoning Board: Five applications for the Zoning Board were processed since the December report: (1) request for variances to construct a dock that exceeds the maximum 8-foot width and maximum 300 square foot surface area, located at 955 Taughannock Boulevard, Lakefront Residential Zone, Luke Bowes, Owner/Appellant (this had been adjourned from the Nov. 2D^ meeting); (2) request for a side yard setback variance to construct a porch addition on an existing house, located at 116 Woolf Lane, Medium Density Residential Zone, Richard Basile, Owner/Appellant; (3) request for a side yard setback variance to construct a storage room addition on an existing house, located at 124 Seven Mile Drive, Low Density Residential Zone, George Sheldrake, Appellant; (4) request for extension of a previous time-limited use variance to maintain an antique shop, located at 1308 Mecklenburg Road, Medium Density Residential Zone, Glenn Hubbell (Hub's Place Antiques), Owner/Appellant; and (5) request for a height variance to Town of JthaCra Pldnning Director's^Repprt^^- January P. 2M6 Town Board Meetms. A construct a three-story, 60,000 square foot office building, exceeding the maximum height allowed in the Zoning Code (38 feet maximum permitted, 46.6 +/- feet proposed), located at 395 Pine Tree Road, Low Density Residential Zone, Cornell University, Owner/Appellant, Integrated Acquisition & Development, Agent. Codes and Ordinances Committee (COC): The Committee met on December 21, 2005 to discuss the possibility of reviewing the new Zoning regulations regarding docks at the request of the Planning Board, which has reviewed one proposal for a dock on West Shore and will be reviewing a second proposal on East Shore. There was a brief report that the public meeting regarding the proposed Indian Creek Gorge/Lakes Slopes Conservation Zone had been cancelled due to bad weather, and that a new date will be scheduled around the middle of January. The Committee continued discussion regarding work plan priorities for 2006. The next COC meeting is scheduled for January 18, 2006. Transportation Committee: The Committee met on December 15, 2005 to discuss the Hanshaw Road walkway and road reconstruction project, the revised walkway and pedestrian connections map that had been discussed with the Town Board, and bicycle issues that should be discussed in the Transportation Plan. The next meeting will be scheduled for some time in January 2006 to discuss follow-up work on the intersection analysis, bicycle issues, and where we stand with the overall Transportation Plan. Conservation Board: The next meeting is scheduled for January 5, 2006. ITCTC Joint Policv/Planning Committee: The Policy and Planning Committees met at their annual year-end meeting on December 20, 2005. Agenda items included election of officers for 2006, an update on the park-and-ride study and the survey of downtown commuters, approval of proposed TIP amendments by Tompkins County (primarily shifting the scheduling of some of the approved projects), and approval of a proposed City of Ithaca TIP amendment increasing the funding available for the Thurston Avenue Bridge project to account for increased costs related to design and construction. Jonathan Kanter was elected to serve as Chair of the Planning Committee for another year, and Bill Gray (City of Ithaca) was elected to serve another term as Vice Chair. Don Hartill was elected to serve another year as Chair of the Policy Committee, and Cathy Valentino was elected to serve another term as Vice Chair. The next meeting of the Planning Committee is scheduled for February 21, 2006. Tompkins County Housing Needs Assessment: The Director of Planning attended a stakeholder meeting held by the Tompkins County Planning Department regarding the County's Housing Needs Assessment and Affordability Analysis on December 15, 2005. The consultants hired by the County reported on their progress on their research and data analysis, which is almost completed. The next step will be to prepare a draft report putting all of the information together. Preliminary results indicate that those households near and just above the median income range in Tompkins County have the most difficulty trying to find housing that is within their ranges of affordability (i.e., spending not more than 30% of their gross income on housing and related expenses). The draft report should be available around February 2006. New Town Board Members Orientation Meeting: The Director of Planning participated with other management team members in an orientation meeting for the newly elected Town Board members on December 13, 2005. \ r Regular Meeting of the Ithaca Town Board, January 9, 2006 » Human Resources Report for December 2005 Personnel Committee: Committee did not meet in December. Safety Committee: The committee met to discuss 2006's work plan and meeting dates. The committee will meet every other month starting in February. The committee has two major projects to complete in 2006; finish the building inspection checklists and a review of the Safety Manual that was approved of in June 2002. Training and Development: Brainteasers group has begun the Spring 2006 programming. This series will include refresher (non-entry level) training on Microsoft Office products such as Excel, Access and Power Point. The first course will be held in January on Excel. Annual Wellness Fair was another great success. There were over 37 participants for the 2 hour fair. The participation was a nice split between all three locations. There was a greater cost to do the fair this year as Excellus no longer provides the health screenings free to members. This year Cayuga Medical Center provided the screenings and flu shots. / P f ayroll: End of year payroll was completed with the last pay date being December 30**^. For 2005 the actual payroll split for Public Works was used to split the health insurance billing, Life Insurance and Long Term Disability. NYS retirement and Workers' Compensation are split was the annual bill is paid based on the estimated payroll split. The percentages were also used to chargeback A fund, fund and G fund for the fringe time (Holiday, Vacation, Sick & Personnel) of the employees. Personnel - Civil Service: Exit interview was held with Kathryn Prybylski, Civil Engineer, on her last day, December 2"^. Pat Leary and Jeff Cowie met with the Management Team as part of an orientation. I met with each of them to complete their personnel orientation. Commercial Insurance (Ithaca Aaencv - Selective Insurance Company): The Town has received all the binders and insurance cards for 2006. Letter went out to Ms. Bailey regarding the decision of the Town Board. I have also brought the matter to the attention of Paul Tunison and Jack Rueckheim, SCLIWC. Disability Insurance: No new claims to report. Workers' Compensation (Public Employers Risk Management Assoc- PERMA): There are no new claims to report. Work is still being done on the 2004/2005 payroll audit. Unemployment Insurance: There is currently one person claiming unemployment. Year End Luncheon: The year end luncheon was held at the Holiday Inn this year with 58 attendees. The eyent had a cold but thrilling twist as the fire alarm went off just as the program began. A sad eyent as Carolyn Grigoroy says good bye to the Town after 26 years of serying on the Planning Board and then Town Board. Thank you to John Barney's office for the donation of door prizes, Debby Kelley for coordinating with the Holiday Inn and Connie Clark for the work on the years of seryice certificates. Submitted By: Judith C. Drake, PHR Human Resources Manager Pictures from the Wellness Fair: ' ^ ^ i t s t » Bill I.I I tiaiiaj Ir lifl.'i^M i._ Network/Record Specialist Report January 9, 2006 • Site of the Month page...This month: lthacaEvents.com • Did You Know link ... This month: Public Information form • New page: Minutes from the December 5 City Town Shared Services Meeting. • Site will be updated with new Town Board members photos after January meeting. Netv rk This year, 8 computers at Town Hall need to be replaced. Instead of purchasing new computers, I will rebuild computers from those that have become obsolete. This is a cost savings to the Town of approximately $12,000. Additional: Next month, I will submit a report containing my 2005 year-end report and a 2006 Information Technology Goal and Objectives report. 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: Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator December 2005 Happy New Year! The last meeting of the Recreation and Human Services Committee was November 30, 2004 where the committee reviewed activities for 2005 and set goals for 2006. I personally want to welcome the new board members. Your board orientation began with our lunch meeting on December 13. Due to most meetings that I provide staff support for not being held in December I am providing the following report. Student Work Initiative Annual Report 2005 This was the first year of the Town operating its youth employment program. With the creation and filling of the position of recreation and youth coordinator in 2004 it was determined that allowing rural youth services worker, Carissa Mann to focus on youth development programs and implementing the municipal jobs program directly at Town Hall would be more effective. The statistics for both programs would support the decision. Youth were employed by the town in four categories: • Youth with little or no employment history for training in a position in position of their interest (Student Work Initiative funding) • Student Youth Corps Trial at public works (First year Team of Youth who worked at Town parks doing maintenance on structures and grounds) • History Grant Project (Five Town Youth working under direction of Project ; \ Coordinator David George) Direct Hires (Some seasonal youth employees at public works and "graduates' the Student Work Initiative program working for Town Clerk) of After a transition meeting the process developed. Individuals (caregivers or youth) contacted the recreation and youth coordinator for information and were advised where forms could be accessed and invited to meet for an assessment interview. Thirty-five youth completed the process to that point. Younger youth were often interviewed with caregivers to assist with essential information as to transportation and availability. All aspects of employment were discussed and youth encouraged inventorying their strengths and interests for presentation at site interviews. What follows is a copy of an email I received from one of the youth I met with who although he had a mailing address of Ithaca no longer resided in the Town. As the Town's program is a component of a countywide network of youth employment opportunities the initial meeting involves a screening for eligibility and referral to other program options to maximize municipal resources. The network is coordinated by the county youth services staff. Hello, this is John Doe. I would like to thank you for helping me get set up with Tompkins Community Action work readiness program. I have already had two workshops with Daphne Slater and have learned how to apply for a job and fill out applications. Also, I have learned what I should bring to an interview and what I should do and ask in and interview. This summer I worked for the Dryden Youth Conservation Corps (YCC). For the Dryden YCC, I helped make a bridge for 4H Acres on Lower Creek Rd and we were on the front page of The Ithaca Journal showing the bridge and a few of us putting up signs at the Malloryville Von Elgin Nature Preserve. Also for the Dryden YCC we cleaned up trails and weeded a tennis court, playgrounds. Also, we sanded and stained playground equipment. I just wanted to let you know how things were going with me. Thanks again for your help. Sincerely, The interest in the program exceeded my expectations and I am improving monitoring systems to assure accurate statistical reporting. The following is information to delineate categories of contact for 2005. I will work with County Youth Services staff about accounting for carry over" youth (Youth currently employed and/or pending) Disposition of Contacts 1 A graduate of program 1 B current employee of Town 1 C failed to complete assignment 12 5 0 Ethnicity American Indian Al Asian American AA African American/Black B Mexican M #2 Qualified for other program 2 A known to have found other position 2 B status unknown #3 Did not reside in Town #4 Interviewed #4A was not offered job #48 did not accept job #5 Did not follow up after initial contact #5A Did not complete process #6 UnderAgeof 14 # 7 Found other employment #8 Currently pending Joblink referrals to Town 1 4 0 3 1 1 1 16 3 1 1 2 51 2 Puerto Rican Hispanic/Latino L White W Biracial BR Other O Unknown U Total Males Females Unknown (spoke to parent) Total Total Age breakdowns: 13 years old - 1 14 years old -12 15 years old- 6 Unknown- 15 16 years old- 11 17 years old- 4 18 years old- 2 The primary demand for this program is summer emplojonent. Of the 51 identified youth as of June 14,2005 forty one (41) youth or caregivers were in contact with ±e Town about student employment. Many of the subsequent contacts were in response to the Town press release regarding the history project positions. The Joint Youth Commission has identified youth employment and activities that support life skills as primary program goals The focus of the Student Work Initiative is offering first time emplojonent primarily to youth 14 and 15 who have difficulty locating employment because of their age and limitations by law on activities they can engage in. Another barrier appeared to be ethnicity as 4 of the 6 oldest first time job seekers were minorities Site determination Initially sites were determined by soliciting nonprofits that had contracts with the Town for meaningful work to benefit both the organization and participants. Transportation is a consideration so the pool of sites was expanded to accommodate that need. Even nonprofits can have concerns about the value of "free" employment especially about younger workers. As demand for positions and interest in such fields as healthcare the pool was expanded further. All organizations including the Chamber of Commerce were receptive to mentoring youth who had an interest in their activity. Good "matches" between the youth's interests and strengths and organizational needs assured beneficial results. Oversight was provided by site visits and completion of evaluation forms required midway and at the completion of the program by both site supervisor and participants. Site supervisors had primary responsibility for orientation and supervision of employees with the recreation and youth coordinators role as town contact and backup should issues arise between parties. Sites included Lifelong, GIAC, PRI, Sciencenter, the Town, Village at Ithaca/ Southside with Drug Court and Alternatives Credit Union pending placements. Interestingly the placement and day-to-day supervision of the youth required minimal effort. The youth followed through and completed with excellence their assignments receiving outstanding evaluations. Energy was necessary dealing with site supervisors getting them to appreciate the Town's requirements for program participation. Form revisions have been made and a checklist will be provided to sites to address these matters. This program could not operate so smoothly without the support and commitment of Principal Account Clerk Connie Clark. Connie was wonderfiil assuring the Town's payroll was met in spite of some sites being less than diligent about getting essential information to the Town in a timely manner. Placement priorities and site selection will be reviewed with both the joint youth commission and the recreation and human service committee. The Town's Youth Corp will continue in the summer of 2006and potential activities will determined in conjunction with public works and human resources. Questions may be directed to recreation and youth coordinator Mamie Kirchgessner.