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Home My WebLink AboutTB Minutes 2006-02-13Regular Meeting of the Ithaca Town Board Monday, February 13, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Kathy Luz Herrera 4. Report of City of Ithaca Common Council 5. Report of Fire Commission 6. 5:40 - Ithaca Downtown Partnership - Gary Ferguson 7. 6:00 p.m. - Persons to be Heard and Board Comments 8. Annual Report of Town Officials 9. 2006 Departmental Work Plans 10. Consider Acceptance of Town Justices' Annual Reports 11. Discussion of Security for the Justice Court 12. Consider Reappointment of Town Historian 13. Report on Committee Structure 14. Consider Appointment of Agricultural Land Preservation Committee 15. SEQR - regarding Acquisition of Dress Property, 283 Culver Road, Tax Parcel No. 32.-1-7 16. Consider Acquisition of Dress Property, 283 Culver Road, Tax Parcel No. 32.-1-7 17. 7:00 p.m. - Public Hearing regarding a local law amending Chapter 239 of the Town of Ithaca Code Entitled "Taxation" regarding Historic Barn Exemption 18. SEQR - regarding a local law amending Chapter 239 of the Town of Ithaca Code Entitled "Taxation" regarding Historic Barn Exemption 19. Consider Adoption of local law regarding a local law amending Chapter f | 239 of the Town of Ithaca Code Entitled "Taxation" regarding Historic I Barn Exemption 20. 7:15 p.m. - Public Hearing regarding a local law amending Chapter 239 of the Town Code Entitled "Taxation" regarding Exemptions for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act 21. SEQR - regarding a local law amending Chapter 239 of the Town Code Entitled "Taxation" regarding Exemptions for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act 22. Consider Adoption of a local law amending Chapter 239 of the Town Code Entitled "Taxation" regarding Exemptions for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act 23. 7:30 p.m. - Public Hearing regarding approval of a temporary certificate of occupancy time extension for Cayuga Medical Center southwest addition and building renovations r^. 24. Consider approval of temporary certificate of occupancy time extension for Cayuga Medical Center southwest addition and building renovations 25. Consider referring the Indian Creek Gorge/Lake Slopes Conservation Zone proposal to the Planning Board for a recommendation 26. Consider Authorization to purchase code enforcement vehicle 27. Discussion of local law regarding Hanshaw Road walkway and consider setting public hearing 28. Discussion of Association of Towns Resolutions 29. Consent Agenda a. Town of Ithaca Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Consider Approval of Records Disposition e. Appointment of Distribution Operator Trainee n30. Report of Town Committees i a. Agriculture Committee b. Agricultural Land Preservation Committee 0. 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 1. Recreation and Human Services Committee - Discussion j. Records Management Advisory Board k. Safety Committee I. Transportation Committee 31. 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 32. Review of Correspondence a. 1-25-06 letter from Town of Ulysses re Woolf pump station b. 1-24-00 email from M. Russell re CCWMAC c. 2-3-06 letter from Cayuga Medical Center re Biggs Building, proposed conservation zone, and zoning of properties d. 2-3-06 - letter from Tompkins County Assessment re Local Advisory Board of Assessment Review e. 2-3-06 letter from Nixon Peabody re cellular application in the Town of Dryden f. List of John Barney projects 33. Consider Adjournment February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 Regular Meeting of the Ithaca Town Board Monday, February 13, 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; Susan Brock, Attorney for the Town. 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. Additional Agenda Item: Supervisor Valentino asked the board if they would agree to adding discussion of the resolution passed for the Conifer senior living project to the evening's agenda. Conifer is requesting the Town amend the resolution so that the PILOT agreement is for 40 years instead of 15 years. They would have to meet the same standards under the 40-year PILOT agreement. Supervisor Valentino thought it was better for the Town because they were actually guaranteeing that it would stay the same for 40 years. The board agreed to have the discussion as an additional agenda item Agenda Item No. 3 - Report of Tompkins County Legislature - Kathv Luz Herrera Kathy Luz Herrera appeared on behalf of the Tompkins County Legislature and reported as follows: Ms. Herrera reported that the Legislature approved the issue of $4,000,000 in serial bonds for the support of TCS's master plan for campus improvements and expansion. The County Legislature voted 11-1 approving a labor contract with the County's Civil Service Employee Association (CSEA). The contract expires 12/31/2007 and includes a 3.75% wage increase for 2006 and 2007. Blue collar union employees will also receive $2,000 per person maximum bonus for 2005 service. The bonus is prorated for those working less than 12 months. Barbara Blanchard presented the Legislature with $2,000 from the Municipal Electric and Gas Alliance (MEGA) supporting the County's purchase of electricity generated by wind power. The County is committed to purchasing 5% of energy from clean generation sources. The Legislature has a quilt on display from the History Center. The quilt was made in 1976 by students to celebrate the bicentennial birthday of the US. February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 The Library tax was voted down. The Library Committee is discussing the relationship between the library and the County. The Committee determined their purpose is to understand what is occurring in the library that drives the funding requests made and to share perspectives on how to proceed. The Committee also looked at the County Charter and State Law regarding the libraiy. They noted that the NYS Education Law influences library operations in the same way it influences regulations at TC3. Ms. Herrera feels that the recent library tax vote will motivate the library and the legislature to work harder in finding solutions to the library budget problems. Councilman Burbank commented that the Town has been talking about wind power and would like to talk to Ms. Herrera about it. Ms. Herrera said she would be happy to give assistance. Agenda Item No. 5 - Report of Fire Commissioners (Attachment # 1 - written report) Bill Gilligan appeared on behalf of the Fire Commission and read his monthly report to the Board. Mr. Gilligan offered to answer questions from the Board. Councilman Stein noted his surprise at the money required for a strategic planning exercise. He thought that would be mostly internal discussion and asked Mr. Gilligan to elaborate. Mr. Gilligan agreed that strategic planning is important and explained that they were hopeful to include all potential parties (towns, villages, city, colleges) in the discussions. They would be taking a look at the bigger picture, identifying what would be needed over a period of several years and how best to organize discussions. Mr. Gilligan added that because of how shifts are set up, it is difficult to have all the officers available for the discussions. The Chief wanted to use the additional funding for overtime so that all the officers could participate. He commented that it would not be possible because of the lack of funding. There will be an effort to make this happen. Councilman Stein asked how much money is needed for full scale strategic planning. Mr. Gilligan thought that they were projecting around $60,000. Supervisor Valentino added that strategic planning is very important for many reasons, one being the growth in commercial development and housing. Agenda Item No. 6 - Presentation. Ithaca Downtown Partnership - Garv Ferguson (Attachment #2 - "About the Downtown Partnership") Gary Ferguson, Ithaca Downtown Partnership, appeared before the board. Mr. Ferguson gave the board an update of where they were in their 10-year plan strategic plan. Many of the projects in the plan have come to fruition, such as Seneca Place, the Gateway Plaza, the Gateway Commons (under construction), Cayuga Garage, the creek walk, Cayuga Green II (construction starts later in 2006), Cayuga Green III (construction has not started), and the Green Street Garage. They are working hard to fill retail space in downtown. February 13,2006 Regular Town Board Meeting Approved March 13, 2006 The Ithaca Downtown Partnership is working hard to make downtown an entertainment center for the region. They are trying to create an entertainment district, with the theater project as its anchor. The district will have a wide range of culture and entertainment. Goals for office space are being met. Housing goal is 300 units by the end of the decade and the IDF is struggling to get there. Tourism is important to downtown businesses and the I DP is looking to add more tourism development attractions. They are working on ideas for a wine center and museum center. The IDP uses marketing to remind people what downtown is and what it has to offer. Mr. Ferguson explained they will be working on an image campaign in 2006 and reaching out beyond County lines in an effort to get more people interested in and experiencing downtown. He feels that they have reasons to be optimistic including: population of people who want to live in an urban area, tourism development, downtown entertainment. Challenges the IDP faces in 2006 include: shifting local consumer shopping and dining patterns, continuing suburban sprawl and decentralized growth, funding and financing, ensuring downtown is clean, safe and attractive for everyone, and maintaining momentum. Mr. Ferguson welcomed questions or comments. Councilman Engman agreed that there has been an impressive amount of development in Ithaca. He was surprised to hear of the 100 new units serving blue-collar workers. Mr. Ferguson said the first 25 units built would be high-end market rate units. The Cayuga Green project will have units in the $800 to $1100 range and the condominiums are still being priced. The IDP faces the challenge of building regular housing without subsidies. They are working with the City to create subsidized workforce housing. It is hard to come by tax credit projects for workforce housing and it is a challenge for them. The intent is not to serve one segment of the population, but it will require some public assistance to help make downtown housing work. Councilwoman Leary asked if there needs to be subsidies for high-end housing. Mr. Ferguson explained that they need tax abatements to help the project move fonward. Councilwoman Leary thought there is a distinction between high-end housing and workforce housing and wondered if it were true. Mr. Ferguson responded that it depends. Councilwoman Leary asked Mr. Ferguson to explain why they would need tax abatements for high-income housing. Mack Travis explained that building in downtown requires building up, which requires concrete and steel. The costs for multi-story buildings are at leas 20-25% higher than if they were building 2-214 story buildings. He would not have been able to do the Gateway Commons project without tax abatements. Mr. Ferguson added that it was true for hotels and office buildings as well. It is much more expensive per unit than a suburban project. Density downtown is very desirable for communities, but it comes at a cost. Councilman Stein guessed that it must be the price of the land that makes it more expensive to build downtown than elsewhere. The reason one must to build high is because it is too expensive. He is confused if that is true because if he compares the Ramada and Holiday Inn, one is downtown and one is the suburbs, but their room prices are comparable. Mr. February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 Travis explained that another important part of the project is parking and it is more expensive to design the parking to fit in the project. Mr. Ferguson thought it might be helpful to put together a fact sheet regarding construction costs in downtown. Supervisor Valentino thanked Mr. Ferguson for making his presentation, stating on of the reasons Mr. Ferguson is before the board is to ask for monetary support from the Town. She explained that it is hard for the Town to give money without being able to identify something of value in return for the Town. The Town will need to work on a contract with the partnership. Mr. Ferguson thought that was fine and they would be willing to work with the Town. Agenda Item No. 7 - Board Member Comments and Persons to be Heard Klaus Beyenbach, Hanshaw Road Mr. Beyenbach appeared before the board to express his sense of betrayal with regard to the Hanshaw Road project. He felt betrayed because the neighborhood petition against widening Hanshaw Road has never received a formal response from the Town Board. If citizens go through the process of participatory government and submit a request, then the elected representatives should have the courtesy to respond to the request in writing. He feels betrayed by the apparent change in the mind of the Town Supervisor. Last November he and his wife met with the Town Supervisor and at the time the supervisor was as concerned as they were about the affect of widening Hanshaw Road and speeding. The Town Supervisor told them that Hanshaw Road was already one of the worst roads in the Town for speeding and she further suggested that the County did not have money for the proposed renovations. She agreed with Mr. and Mrs. Beyenbach that separate shoulder, swale and walkway were excessive. He did not feel that these elements were expressed at the last meeting regarding Hanshaw Road. Mr. Beyenbach also feels betrayed by the Special Meeting of the Ithaca Town Board on January 26, 2006 to discuss Hanshaw Road. The meeting to allow, "discussion of the proposed Hanshaw Road Reconstruction Project, sponsored by Tompkins County and the possible inclusion of a walkway in the project." He felt there was no dialog with the citizens that could express their real concerns and clarify issues and uncertainties. Instead the aim was to control debate and to minimize input from citizens. They were all allowed to submit questions on cards and then the questions were read, but then answered to suit the aim of a predetermined agenda. As to the phrase, "the possible inclusion of the walkway," he felt it was shamefully deceiving because later in the meeting the Town produced a resolution that gave all the impression of being prepared in advanced casting aside the consistent concern of citizens on Hanshaw Road. Mr. Beyenbach states he feels betrayed and he thought the last meeting the Town had was a charade. The same resolution that the Town suddenly produced, and later approved, makes statements that are incorrect. Mr. Beyenbach read from the resolution, "a strong community need for a walkway along Hanshaw Road." He felt the need was claimed, but not established. n February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 Mr. Beyenbach stated that the Town went back on its own words. In doing so, the Town left the distasteful impression that it values the democracy of the dollar more than the democracy of the people. He wanted to correct the impression that the Town may have that he and all those who opposed the plans for Hanshaw Road are against sidewalks. Mr. Beyenbach is for sidewalks, but would like the walkway to stay within the present used surface of the road. Option 3b stays with the present used surface. It has not been explained why option 3b could not be adopted for all of Hanshaw Road. He also wants to give the Town the opportunity to set things right. Mr. Beyenbach thanked the board. Bernie Hutchins, 1016 Hanshaw Road (Attachment #3 - materials from Mr. Hutchins regarding right-of-way issues associated with Hanshaw Road Reconstruction project) Mr. Hutchins appeared before the board and stated that at the January 26, 2006 Town Board meeting regarding Hanshaw Road the notion that government ought to keep promises to its citizens was dealt a serious blow. At that same meeting, the notion that public input mattered was dashed when, following public comment, the Town quickly passed a resolution that had clearly been prepared well before the meeting. Mr. Hutchins was pleased that Mr. Stein voted against the resolution feeling that the Town keeping its word was more important than rushing ahead with a sidewalk decision and thought that Mr. Stein had given a great speech on the issue. Mr. Hutchins was also pleased that Mr. Burbank was candid about the Town's awkward handling of the issue, and offered his apology, which the neighbors appreciate and accept. Mr. Hutchins said they sympathize with Mr. Engman's problems with his own trees, which the County destroyed and did not paid for. Mr. Hutchins assumed that the two junior members of the board were comfortable with getting themselves up to date on all of the information that was presented to them by the residents before they took office. Some neighbors felt that it would have been more appropriate for them to abstain on the vote. He, or the neighbors, has not heard a word from Supervisor Valentino and thought perhaps she was busy preparing a letter of apology to the neighbors. Mr. Hutchins stated that they are impressed with Supervisor Valentino's ability to orchestrate Town business as she sees fit. Mr. Hutchins's main purpose for coming before the board was to provide the Town with copies of the rights-of-way that the County had been ignoring. He has outlined and documented, disingenuous, and failed attempts by the County to claim that it already had a 25-foot right-of-way. Mr. Hutchins has also compiled documents and opinions that support their point of view. He stated that by these presentations, the Town of Ithaca is on notice of the failure of the County to establish a valid right-of-way, and like the County, the Town is forbidden access until such time the right-of-way is established through due process, compensation and equity. The neighbors ask first in consideration of their own property rights and in the Town's own interest to ask the Town Attorney to investigate the right-of-way issue and to take steps to the get the County and the County Attorney to take the property owners seriously. February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Mr. Hutchins stated that they would not tolerate continued disdain for their views and disrespect for their property rights. Mr. Hutchins provided a copy of his statement and the documentation to which he referred. Ms. Brock commented that Mr. Hutchins* letter arrived that day and she distributed copies of the letter to the board. Councilman Stein asked the Town Engineer to respond to Mr. Beyenbach's statement that there could be sidewalks without impinging on people's property. Mr. Walker believed that the cost of construction and the safety factors are both issues. It would be possible to have 11-foot lanes, 4-foot shoulder, then 6-foot walkway within 25 feet, but would require the use of a curb or other separation between the sidewalk and pedestrians. It would be similar to the layout on Cliff Street. Mr. Walker explained that it is a more expensive option because of all the curbing and the underground drainage that would have to be put in. The proposed budget for the current design is already beyond the original budget. The biggest obstacle remains the cost. Councilman Stein addressed Mr. Beyenbach and stated it is clear right now that it is very marginal right now that the sidewalks will ever be built. There isn't funding because the cost of the project is greater than it was once. It is very sensitive to cost. Any increase in the building cost of the sidewalks make it very much less likely that it can be done and if it can be done at all, it has to be done in about as low cost way as possible. Board Comments Councilwoman Leary noted that the Association of Towns was holding workshops on HAVA and wind energy. If appropriate, she would like the Town to take a position on the type of voting machines that the County Board of Elections selects. For various reasons, Councilwoman Leary is leaning towards optical scanner voting machines. Supervisor Valentino thought that it would be fine for Councilwoman Leary to propose a resolution at the next meeting. Councilman Burbank and Supervisor Valentino have discussed wind power in the past and they will try to get the project up and running again. Councilman Stein updated the board on Councilwoman Gittelman's health and proposed a resolution of support for Councilwoman Gittelman. TB RESOLUTION NO. 2006-037: Resolution of Support for Sandra Gittelman BE IT RESOLVED that the Town Board of the Town of Ithaca is pleased to note that Sandra Gittelman's health is recovering and that her recovery is proceeding. The Town Board looks forward to her speedy return to full participation in the Board. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Councilman Burbank received a phone call from a constituent who was concerned about the Town bringing heavy machinery into the natural trail area running parallel to Westhaven Road. Councilman Burbank called Mr. Noteboom and they determined it was a fairly routine attempt to cut back some brush. He thought that as the Town acquires more natural areas, they will need to have a plan for each plot regarding the kind of work to be done in that area. Councilman Burbank explained that he has been involved with helping neighbors whose car was hit by a falling tree last year. It has been determined that the tree was on the neighboring property and within the Town right-of-way. Even though the tree was within the right-of-way, it was still the property owner's responsibility to maintain the area within the right-of-way. Councilman Burbank suggested that the public be educated about right-of-ways and property owner responsibilities. He learned from Mr. Noteboom that the Town has videotape on right-of-ways and thought that it would be beneficial for everyone to view it. Supervisor Valentino added that they could have CDs made about the video. The Public Works Committee should spend time talking about both issues brought up by Councilman Burbank. Councilman Engman suggested that the Town look at the Fingerlakes Land Trust program for a model. Councilman Engman directed everyone's attention to an article in the January 12*^ Ithaca Journal on the history project. He thought Ms. Hunter should be congratulated for getting a grant that involved young people looking at the history of the Town. Supervisor Valentino added that the students are very excited about the project and the work that they are doing. Supervisor Valentino brought the Board's attention to their individual copies of the 2005 Annual Financial Report at their places on the Board table. An annual report is filed with the State Comptroller each year by the end of February. The report in front of them has been filed with the State Comptroller. The report gives an overview of how the Town ended 2005 and is starting 2006. Ms. Brock brought the board's attention back to the Association of Towns meeting. She has a conflict between the conference and the Planning Board meeting on February 21 John Barney is willing to fill in for her as a backup, but wanted to ask the Town Board if it was okay. The Town Board indicated that it was fine. Agenda Item No. 8 - Annual Report of Town Officials (Attachment #4 - Annual Reports and 2006 Priorities^ Town Clerk Ms. Hunter gave an overview of her report to the board. See Attachment The two big projects for the upcoming year are working with the Planning Department to build a database for the Historic Resources Survey and conducting a dog enumeration. Highway Superintendent Mr. Noteboom gave an overview of his report to the board. See Attachment February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Highlights of the 2006 work plan are to complete Tutelo Park and continue working on the Hannah Pew Trail. Councilman Engman appreciated having the charts provided in Mr. Noteboom's report. He did not understand what the term "general repairs" meant. Mr. Noteboom explained the highway portion of the budget is broken down into four charge areas. The four areas: general repairs, which is regular maintenance under 10 years of service life; permanent repairs, rebuilds roads and items over 10 years of service life; snow removal; brush and leaf cleanup. Town Engineer Mr. Walker gave an overview of his report to the board. See Attachment Mr. Walker commented that the saddest moment in his year was when Kathryn Prybylski resigned. Her position will be filled early in 2006. Mr. Walker is proud of his staff and their ability to do all the design work for projects in-house. Mr. Walker gave the board an overview of the Building/Zoning Annual Report. See Attachment Councilman Engman asked Mr. Walker why it was no longer under consideration to combine the City, Cornell and Bolton Point commissions into one commission to operate the three water plants. Mr. Walker explained that it would be easy to integrate the Cornell plant, but integrating the people is not easy. Cornell is a private entity as opposed to a public entity. They wouldn't have the shelter from liability that the municipalities have. Cornell and the municipalities are still using and planning the systems together. Bolton Point and the City are still negotiating the City's future water supply needs. Councilman Stein asked if they have explored establishing an authority instead of a joint commission. Mr. Walker responded that the authority concept has been raised a number of times and the municipalities in the commission are very comfortable with the way things work today with the commission. It keeps control within each municipality. When an authority is created, municipalities lose individual control. The Town Board would not be able to vote on the rate for water if it were an authority. Councilman Stein said that was a policy decision. It might not be critical if one could get savings from putting together a larger entity that way. Supervisor Valentino explained that they did look at it and Cornell really is not interested in doing more than cooperating. Mr. Walker further explained that part of the issue with Cornell was, even with the integrated system, they would not give their resources; give their water plant to the integrated water system. They would lease it to the system and maintain ownership of the facility and if an authority were to be formed, they would have to give up all their assets and put it into the authority. That has not been something that Cornell has wanted to do. Agenda Item No. 17 -• Public Hearing regarding a local law amending Chapter 239 of the Town of Ithaca Code Entitled "Taxation" regarding Historic Barn Exemption 8 February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 Supervisor Valentino opened the public hearing at 7:00 p.m.. The Town Clerk has proof of posting and publication. Agenda Item No. 8 - Annual Report of Town Officials - Cont'd Director of Planning Mr. Kanter gave an overview of his report to the board. See Attachment Mr. Kanter explained that the Planning Board was extremely busy during 2005. The Planning Department also took over the meeting preparations for the Zoning Board, which is taking more time than anticipated. He will continue to monitor the progress of the change. Human Resources Mrs. Drake gave an overview of her report to the board. See Attachment Mrs. Drake commented that they would be filling a laborer and civil engineer position during 2006. Network/Records Specialist Ms. Carrier-Titti commented on her Network Systems report. See Attachment She noted that she added a new file server in Town Hall that is ten times as large as the old server, as well as adding a switch that allows more devices on the network. The largest project was integrating the Town Hall and Public Works Department networks. Sherpa Technologies is now monitoring the Town's firewall. Several features have been added to the Town website, including a user-friendly version of the Zoning Ordinance. Her goals for 2006 include re-building 8 computers, upgrading Microsoft Office, and expanding the Town Hall phone system. Councilperson Cowie asked how many hits the Town's website receives. Ms. Carrier-Titti responded that she did not know at this point, but that she can start monitoring that again. Councilperson Cowie asked if there was wireless access in the building. Mr. Carrier-Titti responded that there was not, and that it was not necessary. Agenda Item No. 20 - Public Hearing regarding a Local Law amending Chapter 239 of the Town of Ithaca Code Titled "Taxation" regarding Exemptions for Certain Improvements to Propertv Made Pursuant to the Americans with Disabilities Act Supervisor Valentino opened a public hearing at 7:15 p.m. regarding a Local Law amending Chapter 239 of the Town Code titled "Taxation" regarding exemptions to certain property made pursuant to the American with Disability Act. The Town Clerk had proof of posting and publication. Agenda item No. 8 continued February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Recreation and Youth Coordinator Ms. Kirchgessner commented on her Recreation and Youth Coordinator report. See Attachment She explained the Town's youth employment program. Five youth have been referred to the Town, one had started work, and two were pending placement. The Town took over this program from Cooperative Extension in 2005. She will be planning events in Tutelo Park and at the Pew Trail in 2006. Ms. Drake also noted that there would be a presentation done by the youth working on the History Project sometime between April and June of 2006. TB RESOLUTION NO, 2006-038: ANNUAL REPORT OF TOWN OFFICALS WHEREAS, the following officials of the Town of Ithaca have presented their 2005 ANNUAL REPORTS to the governing Town Board for review and approval for filing; and WHEREAS, the governing Town Board has reviewed and accepted the said 2005 ANNUAL REPORTS for filing by the Town Clerk; now, therefore be it RESOLVED, the governing Town Board of the Town of Ithaca does hereby accept and approve for permanent filing by the Town Clerk the 2005 ANNUAL REPORTS OF THE FOLLOWING OFFICIALS: Town Clerk Town Highway Superintendent Director of Engineering Director of Planning Human Resources Officer Network/Records Specialist Recreation and Youth Coordinator Town Historian MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No, 17 - Public Hearing regarding a Local Law amending Chapter 239 of the Town of Ithaca Code Titled "Taxation" regarding Historic Barn Exemption No one was present to address the Town Board on this issue, and Supervisor Valentino closed the public hearing at 7:20 p.m. 10 n February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 Agenda Item No. 20 - Public Hearing regarding a Local Law amending Chapter 239 of the Town of Ithaca Code Titled "Taxation" regarding Exemptions for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act. Ann Peabody, Coy Glen Road, was confused about what the Board wanted to amend in the code. Supervisor Valentino stated that this was a new exemption that would allow a tax exemption of the part of one's home that was the improvement for purposes of handicapped access. Ms. Peabody asked what happens if an individual purchased a house and needed to make alterations in the house, such as widening doorjambs for wheelchairs. She stated that she, for example, altered her bedroom. Supervisor Valentino responded that she thought those improvements would not be substantial enough to make a real difference in the exemption. Councilman Stein asked who would decide that. Mr. Walker stated that the assessment office would evaluate that. Supervisor Valentino said that the owner would call the county assessment office to come in and evaluate the improvements, and then the town would give the exemption on those parts that are important for accessibility. Ms. Peabody asked if currently they are mostly looking at external improvements. The board noted that it could be internal improvements as well. Mr. Burbank pointed out that any improvement made before the exemption is passed would not qualify, the improvement must be made after. Supervisor Valentino thanked Ms. Peabody for coming in. Councilman Burbank asked Ms. Peabody if she generally approved of the idea. Ms. Peabody responded she thought it was a great idea. No one else was present to address the board on this issue, and Supervisor Valentino closed the public hearing regarding an exemption for improvements made pursuant to the Americans with Disabilities Act at 7:25 p.m. Agenda Item No. 18 - SEQR regarding a local law amending Chapter 239 of the Town of Ithaca Code titled "Taxation" regarding Historic Barn Exemption (Attachment #5 - SEQRl TB RESOLUTION NO. 2006-039 - SEQR: Local Law Amending Chapter 239 of the Town of Ithaca Code, Titled "Taxation" by Adding Article VL Titled "Historic Bam Exemption" 11 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 WHEREAS, this action is the enactment of a local law amending Chapter 239 of the « Town of Ithaca Code, titled "Taxation" by adding Article VI, titled "Historic Bam Exemption"; and WHEREAS, said proposed local law would provide for partial exemption from property taxes for the reconstruction or rehabilitation of historic bams. For the purposes of this article, an historic bam shall mean a structure that was at least partially constmcted before 1936 and that M/'as originally designed and used for storing farm equipment or agricultural products, or for housing livestock; and WHEREAS, it has been determined that the above-described action is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 - Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in this uncoordinated environmental review; and WHEREAS, the Town Board, at a public hearing held on February 13, 2006, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II prepared by Town Planning staff for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the EAF Parts I and II 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 Engman SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 19 - Consider adoption of a Local Law amending Chapter 239 of the Town of Ithaca Code titled "Taxation" regarding Historic Barn Exemption (Attachment #6 - Local Law No. 3 of 2006) TB RESOLUTION NO. 2006- 040: Resolution Adopting A Local Law Amending Chapter 239 of the Town of Ithaca Code Entitled "Taxation" Regarding Historic Bam Exemption WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on February 13, 2006 at 7:00 p.m. to hear all interested parties on a proposed local law Amending Chapter 239 of the Town of Ithaca Code Entitled "Taxation" Regarding Historic Bam Exemption; and ^ WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and 12 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 « WHEREAS, said public hearing ivas duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law Amending Chapter 239 of the Town of Ithaca Code Entitled "Taxation" Regarding Historic Bam Exemption, a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that, the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Stein ^ SECONDED: Councilwoman Leary Roll Call Vote: Supervisor Valentino aye Councilwoman Leary aye Councilman Cowie aye Councilwoman Gittelman absent Councilman Burbank aye Councilman Stein aye Councilman Engman aye Agenda Item No. 21 - SEQR regarding a local law amending Chapter 239 of the Town Code titled "Taxation" regarding Exemptions for certain improvements to property made pursuant to the Americans with Disabilities Act (Attachment #7 - SEQR) IB RESOLUTION NO. 2006- 041: SEQR: Local Law Amending Chapter 239 of the Town of Ithaca Code. Titled "Taxation" by Adding Article V, Titled "Exemption for Certain Improvements to Prooerlv Made Pursuant to the Americans With Disabilities Act" WHEREAS, this action is the enactment of a local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation" by adding Article V, titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act"; and mm WHEREAS, said proposed local law would provide for partial exemption from property taxes for certain improvements to real property for the purposes of removal of architectural bam'ers for persons with disabilities; and 13 February 13,2006 Regular Town Board Meeting Approved March IS, 2006 WHEREAS, it has been determined that the above-described action is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 - Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in this uncoordinated environmental review; and WHEREAS, the Town Board, at a public hearing held on February 13, 2006, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II prepared by Town Planning staff for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the EAF Parts I and II 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: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 22 - Consider Adoption of a local law amending Chapter 239 of the Town Code titled "Taxation" regarding Exemptions for certain improvements to property made pursuant to the Americans with Disabilities Act (Attachment #8 - Local Law No. 4 of the Year 2006) TB RESOLUTION NO. 2006' 042: Resolution Adopting a Local Law Amending Chapter 239 of the Town of Ithaca Code, Titled "Taxation" by Adding Article V, Titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans With Disabilities Act" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on February 13, 2006 at 7:15 p.m. to hear all interested parties on a proposed local law Amending Chapter 239 of the Town of Ithaca Code, Titled "Taxation" by Adding Article V, Titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans vi/ith Disabilities Acf; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that 14 n n February 13,2006 Regular Town Board Meeting Approved March IS, 2006 adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law Amending Chapter 239 of the Town of Ithaca Code, Titled "Taxation" by Adding Article V, Titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans With Disabilities Acf, a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that, the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Stein SECONDED: Councilwoman Leary Roll Call Vote: Supervisor Valentino aye Councilwoman Leary aye Councilman Cowie aye Councilwoman Gittelman absent Councilrhan Burbank aye Councilman Stein aye Councilman Engman aye Agenda Item No, 10 - Consider Acceptance of Town Justices' Annual Reports (Attachment #9 - Justice Klein's and Justice Larkin's annual reports) Councilman Engman commented that Justice Larkin's report included pending cases and Scofflaws, and that Justice Klein's report did not include those categories and wondered why that was. Ms. Drake stated she did not know the status of Justice Klein's Scofflaws. She knew that he had done Scofflaws. Supervisor Valentino asked if the court could put that information together as an addendum for the report. She noted the difference in the case loads and stated that they would try to balance the caseloads better in the coming year. Councilwoman Leary asked what a Scofflaw was. Ms. Drake responds that it is what happens if someone does not appear to pay their fine, the license is revoked if they are caught again. They recently sent several hundred into DMV to start that process. f—^ TB RESOLUTION NO. 2006-043: TOWN JUSTICE LARKIN 2005 ANNUAL REPORT WHEREAS, Town Justice Clarence Larkin has presented his 2005 Annual Report to the goveming Town Board as required by Town Law; now, therefore be it 15 February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 RESOLVED, the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk, the attached 2005 Annual Report of Town Justice Clarence Larkin. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-044: TOWN JUSTICE KLEIN 2005 ANNUAL REPORT WHEREAS, Town Justice David Klein has presented his 2005 Annual Report to the goveming Town Board as required by Town Law; now, therefore be it RESOLVED, the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk, the attached 2005 Annual Report of Town Justice David Klein. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 11 - Discussion of Security for the Justice Court (Attachment #10 - Memo from J. Drake) Ms. Drake stated that this was a request from the Justices to hire a constable or security guard. Justice Salk was comfortable with not having a security guard present, but wanted to leave the option open. Agenda Item No. 23 - 7:30 p.m. - Public Hearing regarding approval of a temporary certificate of occupancv time extension for Cavuga Medical Center southwest addition and building renovations Supervisor Valentino opened the public hearing at 7:30 p.m. The Town Clerk had proof of posting and publication. Agenda item No. 11 continued Ms. Drake continued that they have a copy of a contract the Town of Lansing has with a retired sheriff that provides security services. She asked if the Town Board was interested in pursuing the idea, stating that the cost range for one court would be between $5,500 and $8,600. This could be an independent consultant, but she did not object to this position being a paid, part-time position with the Town. 16 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Councilman Stein stated that they had been talking about this for a year. Ms. Drake responded that this did come up in the last year, and it was decided to hold off until after the budget was passed. Councilman Stein asked what had changed from last year when they decided it was not necessary. Supervisor Valentino stated that there were some questions about the private alarm system, but they found that the system worked very well. Judge Klein still feels strongly that he would like to have a presence in the courtroom. Councilman Engman commented that they could try an experiment with having someone in Justice Klein's court but not in Justice Salk's court right now. He supported an expenditure for that purpose. Supervisor Valentino pointed out that Justice Klein's court started at 4:15 after most people in Town Hall had gone home, and that Justice Salk's court is in the morning, so he did not feel the need for someone else right now. She would hate to not approve this and then have something happen later, so she supported the idea of moving fonward. Councilman Stein asked if this person would be armed. Ms. Drake responds that the request is for someone who is uniformed but not armed, although allowing for the possibility of this person being armed if they felt the need. Mostly the request was for a uniformed presence to quell any uproar. Councilman Cowie asked if they were talking specifically about Klein and not for Salk. Supervisor Valentino said yes, and they could do it just for Judge Klein right now and interview some people. Ms. Drake stated that she will come back with a budget amendment, and will discuss the option of independent contractor versus a paid position. Either way, the Board would have to create a position for this person. Supervisor Valentino asked if they were in agreement to go forward with this. Councilman Stein was not sure he understood how it would work. Ms. Drake said that they would recruit retired police officers who have mandatory training requirements. Councilman Stein asked if they were going to design the uniform, and Ms. Drake stated that there are constable uniforms. There are towns that have constables. Agenda Item No. 12 - Consider Reappointment of the Town Historian Ms. Drake noted that Ms. Johnson-Kelly had submitted an annual report, and Supervisor Valentino commented that it was required by law to have a Town Historian. TB RESOLUTION NO. 2006-045: Reappointment of Town Historian 17 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby reappoint Ms. Laura Johnson-Kelly, 48 Comfort Road, Ithaca, New York as Town Historian for the term of January 1, 2006 through December 31, 2006. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Counciiman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 23 - 7:30 p.m. - Public Hearing regarding approval of a temporary certificate of occupancy time extension for Cavuga Medical Center southwest addition and building renovations Supervisor Valentino stated the public hearing is open. Ms. Brock made suggested changes to the proposed resolution. Wording in the fourth "Whereas" was changed to more accurately reflect what is stated in the Town Code. A "Resolved" clause was added after the last "Whereas" reflecting that the requirements in Section 125-6 of the Town Code were met. Supervisor Valentino close the public hearing at 7:45 p.m. Agenda Item No. 24 - Consider approval of temporarv certificate of occupancv time extension for Cavuga Medical Center southwest addition and building renovations j TB RESOLUTION NO. 2006 - 046: Authorization for Building Inspector to Issue a Temporary Certificate of Occupancy for the Cavuaa Medical Center Southwest Addition and Building Renoyation WHEREAS, the Cayuga Medical Center (CMC) is building a major, multi-phased construction project with a minimum duration of three years, known as the Southwest Addition and Building Renovation project, and WHEREAS, Phasing of the renovation is necessary to keep all of the hospital departments in full operation during construction, and occupation of the renovated spaces will be required as soon as the phase is complete, and WHEREAS, CMC has requested issuance of a Temporary Certificate of Occupancy (TCO) for a period of three years, and WHEREAS, Under Section 125-6 of the Town Code the Town Board is allowed to authorize the Building Inspector to issue a TCO that covers a longer period of time greater than 6 months, and WHEREAS, The Building Inspector is recommending that the request for an extended TCO ' made in the August 2, 2005 letter from Joe Fitzgerald be granted by authorizing the Building 18 February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 Inspector to issue a TCO for a three year period for a $5,250 fee, which is one half of the cost of the building permit, Now Therefore be it RESOLVED that the Town Board of the Town of Ithaca finds that the standards for authorization of issuance of a TCO for a period greater than 6 months as listed in Section 125-6 of the Town Code are met, and be it RESOLVED that the Town Board of the Town of Ithaca authorizes the Building Inspector to issue a Temporary Certificate of Occupancy to the Cayuga Medical Center for the Southwest Addition and Building Renovation project for a period of three years for the normal cost of a TCO of half the cost of the building permit, specifically $5,250. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No, 13 - Report of Committee Structure (Attachment #11 - Committee Structure per Cathy's View"! Councilman Engman directed the board's attention to the diagram provided in the board's packet for the meeting. Supervisor Valentino explained she drew the diagram up as a tool so that they could work from things as they are. She thought that the Agricultural Land Preservation Committee was established by resolution. The resolution also determined who would sen/e on the committee. Local law established the Records Management Advisory Board. She thought they should be moved down to the same level as the Transportation Committee and the Codes and Ordinances Committee. Councilman Stein thought the overall committee structure seemed reasonable. He would like to move it along and wondered if the Board could ask Ms. Brock to draft a Town law that would cover the second level committees for the Town Board meeting on February 16^*^. Ms. Brock added that the local law would be a generic local law, not specifying committees. Another local law would not have to be adopted for each new committee. She was unsure if she would be able to have the local law prepared for February ^6l^. Councilman Stein thought it would be helpful if the local law could be ready because it would save a month's worth of time. Supervisor Valentino, Councilman Engman and Councilman Cowie would meet and discuss the committee structure. Agenda Item No. 14 - Consider Appointment of Agricultural Land Preservation Committee 19 February 13, 2006 Regular Town Board Meeting Approved March IS, 2006 Supervisor Valentino reported that there are two possible proposals for purchase of development rights. Mr. Kanter added that the Town might want to be in a position to have a meeting with the Ag Land Preservation Committee soon. Supervisor Valentino explained she pulled the resolution establishing the committee. The committee membership consists of the Town Supervisor or designee, the Chair of the Planning Board, two members from the Agriculture Committee, one Town Board Member. She proposed that Councilman Engman serve as the Town Board member on the committee since he has done a lot of work with the Agriculture Committee. It might be helpful to have another Town Board member work on the committee while they are doing background work. Councilman Stein volunteered to serve on the committee. Supervisor Valentino mentioned that they need to figure out what to do with the Agriculture Committee. Councilman Engman thought that Debbie Teeter would be willing to serve and thought she could recruit another farmer to serve on the Ag Land Preservation Committee. Supervisor Valentino thought that herself. Councilman Engman and Councilman Stein could start out as an interim committee working on the proposals. Mr. Kanter added that the Town has heard from the Cooperative Extension that the State is opening up another funding round in the near future with applications due in April. TB RESOLUTION NO. 2006-047: Appointment of Agricultural Land Preservation Committee Be it Resolved, that the Town Board of the Town of Ithaca hereby appoints the following Individuals to the Agricultural Land Preservation Committee as an Interim committee: Cathy Valentino Herb Engman Peter Stein MOVED: Councilman Cowie SECONDED: Councllwoman Leary VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman CowIe, aye; Councllwoman Leary, aye. Agenda Item No. 15 - SEQR - regarding Acquisition of Dress Property. 283 Culver Road. Tax Parcel No. 32.-1-7 (Attachment #12 - SEQRl Councilman Cowie asked what a passive park was and Councilman Burbank explained that it meant that they were pretty much going to leave it in its natural state. TB RESOLUTION NO. 2006- 048: SEQR: Acquisition of Dress Property. 283 Culver Road (Tax Parcel No. Zl-I'T) 20 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 WHEREAS, this action is the acquisition of the 10.0 +/- acre property owned by WHiiam J. Dress at 283 Culver Road (Tax Parcel No. 32-1-7) in the Town of Ithaca; and WHEREAS, the Town has entered into an agreement with Mr. Dress to purchase the above-referenced property for passive park purposes, subject to use restrictions that will be specified in the deed; and WHEREAS, it has been determined that the above-described action is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 - Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in this uncoordinated environmental review; and WHEREAS, the Town Board at its regular meeting held on February 13, 2006, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II prepared by Town Planning staff for this action; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the EAF Parts I and II 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 Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 16 - Consider Acquisition of Dress Property. 283 Culver Road. Tax Parcel No. 32.-1-7 (Attachment #13 - Assignment Text and Option Agreement) Councilman Engman was very impressed with how fast the Town was able to acquire the property. It is a very beautiful piece of land that is located in part of a unique natural area. This property was seeing a lot of development pressure and it was great for Town to be able to protect the property. TB RESOLUTION NO. 2006 - 049: Ratification of the Acquisition of Property from William Dress and Authorization to Complete Transaction WHEREAS, the Town Board has heretofore authorized, in executive session, the execution of an option to purchase certain property from William Dress at a purchase price of $30,500; and 21 February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 WHEREAS, at the time of such authorization the Town Board had not yet received an appraisal of the value of the property; and \ WHEREAS, the Town Board subsequently received an appraisal from an independent appraiser who appraised the property at $50,000; and WHEREAS, the Town believes the property is worth the appraised amount; and WHEREAS, Mr. Dress indicated he ivas not willing to transfer the property at an amount less than $40,000; and WHEREAS, the Town Board, at its September 12, 2005, meeting authorized the Town Supervisor to offer $40,000 for the property and to enter into such agreements as deemed necessary or appropriate by her to effect the purchase of said property; and WHEREAS, such an agreement has been reached with Mr. Dress; and WHEREAS, the acquisition of said property 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 such acquisition would not have a significant adverse effect upon the environment and could be processed without further regard to SEQR, and rn ] WHEREAS, the Town Board believes that the acquisition of this parcel of land would be of great advantage to the Town and its residents; NOW, THEREFORE, BE IT RESOLVED, that the Town Board ratifies and approves the actions of the Town Supervisor in arranging for (a) the Finger Lakes Land Trust to enter into a purchase option with William Dress for the acquisition of his land at 283 Culver Road, Ithaca, New York (tax parcel number 32-1-7) for $40,000.00; (b) the payment on behalf of the Town of the option price of $10.00 by the attomey representing the Town on this matter; (c) the assignment of the option to the Town of Ithaca; and (d) the exercise of said option by the attorney representing the Town on this matter on behalf of the Town; and it is further RESOLVED, that the option agreement and assignment of same, the texts of which are attached to this resolution as Schedules B and A respectively, be, and the same hereby are, ratified and approved; and it is further RESOLVED, that the Town acquire said lands as soon as practicable and pay $40,000.00 for same upon receiving a proper deed fully executed and evidence satisfactory to the attorney for the Town on this matter that the title to such property is marketable; said funds to be made available from the General Fund Open Space Cash Reserve, which has sufficient funds to cover the costs of this acquisition, and it is further RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and each hereby is, with the advice of the Director of Planning and said Attomey for the Town, authorized and requested to take such steps (including the expenditure of Town funds for the 22 February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 purchase, recording fees, filing fees, attorneys fees, and other customary real estate fees and expenses), and to execute such documents, as either of them deem necessary or appropriate to effectuate such purchase and the purposes of the foregoing resolutions; and It Is further RESOLVED, that such lands be acquired for, and held as, passive recreation park lands for the benefit of the residents of the Town of Ithaca subject to the terms as to use of the property as set forth In the annexed option agreement MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councllwoman Leary, aye. Agenda Item No. 25 - Consider referring the Indian Creek Gorge/Lake Slopes Conservation Zone proposal to the Planning Board for a recommendation (Attachment #14 - Draft Local Law and Map) Councilman Engman commented that during the public session there was a lot of support for the rezoning. Many of the property owners wanted the Town to move faster and wanted the Town to go further in protecting the area. He thought that Mr. Kanter and Ms. Ritter did a wonderful job. It was very encouraging to see residents of the Town interested in conservation. TB RESOLUTION NO. 2006 - 050: Referral of a Proposal to Rezone to Conservation Zone Certain Lands Along and West of Tauahannock Boulevard (also known as the Lake Slopes Area) to the Planning Board BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby refers the proposal to rezone certain lands along and west of Taughannock Boulevard (also known as the Lake Slopes Area) from Low Density Residential to Conservation Zone to the Planning Board for a recommendation. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman CowIe, aye; Councllwoman Leary, aye. Agenda Item No. 26 - Consider Authorization to purchase code enforcement vehicle Mr. Walker commented that this vehicle replaces the vehicle that was damaged in an accident during 2005. 23 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 TB RESOLUTION NO. 2006 - 051: Approval To Purchase Town Vehicle and Amending m The 2006 General Part Town Fund Budget I WHEREAS: In the fall of 2005, the jeep liberty used by code enforcement staff was involved in an accident that resulted in the Town's insurance carrier declaring it a total loss. On September 20, 2005 the Town of Ithaca received $13,259.00 in settlement of the Town's claim of damages to assist with the purchase of another vehicle, and WHEREAS: A 2006 Jeep Liberty, 4-door 4x4, is available for purchase under the 2006 New York State contracts for $14,801 with additional radio and safety equipment costs of $800.00 making the total vehicle purchase $15,601, and WHEREAS: The Town Engineer and Town Budget Office & Purchasing Agent recommend purchasing this needed town vehicle to this governing Town Board and are seeking Town Board approval to initiate such purchase, and WHEREAS: The Town Budget Officer & Purchasing Agent recommends to this goveming Board the following 2006 budget amendment which provides for the purchase of this Jeep Liberty, and therefore be it BUDGET JOURNAL GENERAL PART TOWN FUND H i DEBIT B599 Appropriated Fund Balance 15,601.00 CREDIT B8020.200 Zoning - Equipment 15,601.00 RESOLVED: That this goveming Town Board approves both the purchase of this Town vehicle and the budget amendment for acquisition funding. MOVED: Supervisor Valentino SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 27 - Discussion of local law regarding Hanshaw Road walkway and consider setting public hearing (Attachment #15 - Draft Local Law Ms. Brock provided the board with an updated version of the local law. Supervisor Valentino noted to the board that they have two options. The Board could adopt the local law as presented, or the local law could be deferred until the Town knows for sure if the walkway is going to be built. 24 n February 13,2006 Regular Town Board Meeting Approved March 13, 2006 ^ Councilman Stein asked Ms. Brock what happens if someone doesn't inform the Town. Ms. Brock responded no, it is dealing with the Town's liability to other people if they are on the walkway and injured for whatever reason. She explained that she was questioning passing a local law that basically needs a contingency to be fulfilled before it becomes effective. So she called the Association of Towns and spoke with an attorney. They explained that a local law could also do anything that can be done by a resolution. The attorney warned that this might be setting a precedent that anytime somebody thinks the Town might be doing something in the future they might come in and ask the Town Board to pass a law about it. It was also mentioned that there are current provisions in New York Town Law about liability and the notice required before a Town can be held liable. She assumes that the Town does not want to pass a local law that makes the Town more liable for the walkway than they are for any other Town owned sidewalks or walkways. Ms. Brock went back and picked up provisions in Town law dealing with liability for defects in sidewalks and for things that might happen because of snow and ice accumulation on the sidewalks. The law says if there is a defect or problem with the snow and ice, the Town is entitled to get advance written notice of that problem and then a reasonable opportunity to fix that problem, if the two components are not there then the Town is not liable. The property owners will not be liable for any accidents on the walkway. Councilman Stein understood the explanation and moved setting the public hearing. Supervisor Valentino thought the board should consider putting the local law on hold until the scope of the project is complete because the Town would have to do something to repeal the ^ local law if it is not built. Should the walkway get built, the Town will need to hold another public hearing on where the walkway is. Supervisor Valentino does not have strong feelings one way or another, but thought it would simplify things to keep the local law on hold until plans are finalized but she also recognizes that there are some residents really concerned about the walkway. Councilman Stein understood what Supervisor Valentino was saying, but thought the local law was representative of what the board is thinking. Councilwoman Leary asked for clarification regarding notification to the Town about the condition of the walkway. Ms. Brock further explained the notification requirement to the Board. Councilman Engman thought the Board should go ahead with the public hearing because the local law conveys ownership, maintenance and liability to the Town of Ithaca, which is really what the residents were concerned about. TB RESOLUTION NO. 2006- 052: Setting a Public Hearing regarding a Local Law Amending Chapter 230 of the Town of Ithaca Code, titled "Streets and Sidewalks", to Establish Town's Assumption of Ownership. Maintenance and Liabiiitv for Hanshaw Road Walkway RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 13*^ day of March 2006, at 7:00 p.m. for the purpose of considering a proposed local law to amend Chapter 230 of the Town 25 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 of Ithaca Code, titled "Streets and Sidewalks", to Establish Town's Assumption of Ownership, Maintenance and Liability for Hanshaw Road Walkway; and it is further I j RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard conceming the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Joumal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Additional Agenda Item - Conifer Village at Ithaca Request (Attachment #16 - Supervisor Valentino explained that Conifer would like to amend the PILOT agreement so that the housing remains as low income housing for 40 years instead of 15 years. TB RESOLUTION NO. 2006-053: SuDDortina the appUcation 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 ViUaae at Ithaca and SuDPortina 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 n 26 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 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 payment in lieu of taxes agreement ("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, and school taxes based upon 10% of the net rents (gross rents, less vacancies and utilities) plus special district charges, with the understanding that the term of the PILOT Agreement may be extended upon mutual agreement up to a total of 40 years if the developer or then owner continues its commitment to maintain rents at affordable levels similar to those presently contemplated; 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, absent. TB RESOLUTION NO, 2006-054: Rescinding TB Resolution No. 2006'025 of January 9, 2006 SuDDortina the application of Ithaca Senior Living, LLC and SuPDortina a Payment in Lieu of Taxes" BE IT RESOLVED that the Town Board of the Town of Ithaca does hereby rescind a resolution entitled "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" made on January 9, 2006. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. 27 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Agenda Item No. 28 - Discussion of Association of Towns Resolutions I 1 Councilwoman Leary stated she was bothered by several of the proposed resolutions. She viewed the resolutions as an attempt to chip away on infrastructure and employee benefits to the point where it is endangering the middle class in the state. The Collateral Source Legislation bothers her because employees pay into their disability pension fund with every paycheck. In the event there is some sort of judgment against the employer and some liability is found and there is an award by the court, their entitlement to disability pension would offset that reward. It is not fair for the employee because they have been paying into it and this judgment would presumably be because some wrong was done to the employee. She feels that they have a right to that and it shouldn't be offset with something they would expect ordinarily that they have already paid for. Supervisor Valentino thought that it is what is called double dipping where they can make another claim through another source and the employees are paid double what employees in other instances do not get. Councilwoman Leary did not agree. It was being called double dipping because they are against it. The employee is entitled to the judgment that they are awarded and they are entitled to the disability pension that they have been paying into with every paycheck for their entire careers. This is what they would expect anyway if they went on disability. A judgment from a court is over and above that. Basically, people are being penalized for paying in all their lives to the disability fund. Yes, the argument is that money would be saved, but Councilwoman Leary did not think that was a persuasive argument. She did not think it was fair. All proposals save money in one way or another to the Town or the State, but they do not look at it from the point of view of the employees who's retirement or health insurance will be taken away from them. Different resolutions address them in different ways. Councilwoman Leary thinks what they are calling double dipping is inaccurate. Councilwoman Leary felt the Tort Reform resolution was denying a jury trial to the person making the claim. She thought that anything that denies a jury trial sort of denies a little bit of justice. The Compulsory Binding Arbitration would require giving ability to pay priority in the arbitration process. Councilwoman Leary felt that fairness and justice should not have that as a determining factor in what is or is not a valid claim. She does not feel as strongly about this resolution, but she is bothered that ability to pay should be a consideration determining the fairness of a client. Councilwoman Leary read that the State Comptroller has historically been reluctant to issue disability retirements for law enforcement officers when they are receiving 207c benefits. She does not understand why that is, but again, it is saying that after a period of 36 months law enforcement officials that have been injured on the job to retire. Councilwoman Leary did not _ feel it should be an automatic thing because there may be good reasons why the person i j needs to stay on disability, but still be able to go back to the force. 28 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Councilwoman Leary stated preserving local control over health insurance benefits is a real sweet way to put it, but it basically is allowing local governments to throw their health insurance and retirement benefits out the window. She is strongly opposed to that resolution because it is undermining the middle class. Councilwoman Leary did not think they had in mind enhancing the benefits. She thinks what they have in mind is that they do not want the State to say you have a basic floor below which you cannot go. They want to be able to eliminate retirement benefits if they want to. Councilwoman Leary thought it is a very bad thing to endorse. Councilwoman Leary thought the Town should vote no on Wicks and Prevailing Wage. She did agree with the resolution for CHIPS help to the towns. Councilwoman Leary did not feel the resolution for reform of real property tax exemption was saying a whole lot. She was supportive of this resolution. Councilwoman Leary was unsure about the condo assessment resolution. Supervisor Valentino wanted to ask questions about the resolution at the meeting, but thought that there was a loophole in the law that they want to close. Councilwoman Leary thought that it might be a good loophole that makes the developments more affordable and the Town should find out more about it. Councilwoman Leary did not have a position on the Special Franchise Assessment Litigation Charge backs, but it sounds like there is a State office of Real Property Services that act on behalf of local governments and the resolution is saying they can't charge the local governments for their services. She would not support the Police Accident Report Fee Reform because it is an attempt to chip away at FOIL to make it prohibitive for a person to come in and ask for a copy. Councilwoman Leary was not in favor of the Local Road Classification resolution because it looked like they want to be able to let their roads deteriorate. Supervisor Valentino asked Mr. Noteboom his opinion on the resolution. Mr. Noteboom did not think it was a bad idea because it would allow them to perform maintenance on some roads if the Town were able to classify them at lower levels. It helps rural communities more than urban communities. Councilwoman Leary thought the municipal deposits using the credit union was a good idea. Councilwoman Leary read the sex offender resolution several times and it really bothered her that they were calling for civil confinement of people who had served their time. Now they are looking at a forward-looking guess at who may break the law in the future. She compared it to the domestic equivalent to preemptive war. Councilwoman Leary was unclear about the agenda in proposing the clarification for eminent domain. With regard to the resolution clarifying charging back election expenses, but she would not make a blanket prohibition against any new fiscal burdens on towns and cities because she thought it was helpful if towns and cities realize the expense of one election system versus another. Supervisor Valentino stated she strongly supports this resolution because it is one thing for the towns to pay their share when actively involved, but it is another thing to pay when the towns have no involvement. 29 WHEREAS, the Town Clerk has presented the minutes for the Town Board Meeting held on January 9, 2006 to the governing Town Board for their review and approval of filing; now therefore be it n February 13,2006 Regular Town Board Meeting Approved March 13, 2006 Councilman Stein was unsure how to consider the comments. Supervisor Valentino explained that herself and Councilman Burbank would go to the meeting. They listen to all the comments that the Board has given them and then go to the meeting and gather more information to make a judgment based upon what they have been told. It helps to give direction for the voting delegates. Councilman Stein agreed with Councilwoman Leary's comments accept for the confinement of sex offenders. Councilman Engman felt most strongly about the Wicks Law and the ATV use on Town roads and did not feel the Town should support them. Councilman Burbank thanked Councilwoman Leary for her efforts in reading the proposed resolutions. He told her about an opportunity to talk about the resolutions on Sunday at the Association of Towns conference. The Town Board further discussed the sex offender resolution. Supervisor Valentino felt that children were at risk and Councilwoman Leary stated that it was a funding issue. She felt it is a priority that the community should say is a priority and should never under fund something as important as that. Corralling people in prison because it is cost effective makes her question where civil liberties have gone. Councilman Stein added that this is a problem and some people have their brains wired in such a way that they cannot control themselves. If one is convinced that is the situation, then Councilman Stein thinks that the balance has to be made to protect the innocent. Councilwoman Leary reiterated that there is a big difference | between breaking the law and not breaking the law. Agenda Item No. 29 - Consent Agenda TB RESOLUTION NO. 2006- 055: Consent Agenda Items. BE IT RESOLVED, that the goveming Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda items as presented. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006- 055a: Town Board Minutes of January 9, 2006 30 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 ^ RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meeting held January 9, 2006 as presented at the February 13, 2006 board meeting. MOVED: CouncHman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006 - 055b: 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 goveming Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1637-1751 General Fund Townwide $93,165.69 General Fund Part Town $ 3,548.18 Highway Fund Part Town $29,571.13 Water Fund $72,129.67 Sewer Fund $ 8,037.54 Fire Protection Fund $38,750.00 Forest Home Lighting District $ 188.23 Glenside Lighting District $ 72.51 Renwick Heights Lighting District $ 104.71 Eastwood Commons Lighting District $ 263.28 Clover Lane Lighting District $ 29.26 Winner's Circle Lighting District $ 103.15 Budeigh Drive Lighting District $ 102.40 Westhaven Road Lighting District $ 308.75 Coddington Road Lighting District $ 183.75 TOTAL: $246.558.25 MOVED: Councilman Stein SECONDED: Councilman Burbank 31 February 13,2006 Regular Town Board Meeting Approved March 13, 2006 VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; ^ Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. | i IB RESOLUTION NO. 2006 - 055c: Bolton Point Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the goveming 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 goveming Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 907-910; 912-932; 3-9; 12-69 Check Numbers: 8873-8883; 8886-8964 Operating Fund $ 26,088.40 1998 SCADA Capital Project $ 8,802.38 2000 Bolton Road Project $ 655.70 T 2002 Office Space Addition $ 327.00 Operating Fund $129,102.24 1998 SCADA Capital Project $ 2,171.21 2000 Bolton Road Protect $ 842.99 TOTAL $167.989.92 MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006 - 055d: RECORDS MANAGEMENT DISPOSmON LISTING (Attachment #16- Records Disposition List) WHEREAS, the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the State Archives and Records Administration (SARA) Records Retention and Disposition Schedule MU-1; and 32 n February 13, 2006 Regular Town Board Meeting Approved March 13, 2006 WHEREAS, the Town Supervisor, Records Management Officer (Town Clerk), and Department Heads have reviewed and approved the disposition of the said records; now, therefore, be it RESOLVED, the goveming Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Cowie, aye; Councilwoman Leary, aye. INSERT DISTRIBUTION OPERATOR RESOLUTION Agenda Item No. 30 - Report of Town Committees Capital Projects and Fiscal Planning Committee Supervisor Valentino would like to set up a committee meeting soon and thought they now have information to go forward in 2006. March Town Board Agenda Supervisor Valentino mentioned that next month the Town Board will need to appoint two board members to the Local Advisory Board of Assessment Review. Agenda Item No. 32 - Review of Correspondence Councilwoman Leary commented on the note about the Cornell incinerator and that they have alkaline hydrolysis. She thought that it was great and it is the only known way of destroying the protein infectious agent in mad cow disease and chronic wasting disease. Adiournment On motion by Councilman Burbank, seconded by Councilman Stein, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Tee-Ann Hunter Town Clerk Next regular meeting March 13, 2006 33 / N TOWN OF ITHACA t \ I \ ( \ f \ f \ AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING APPROVAL OF A TEMPORARY CERTIFICATE OF OCCUPANCY TIME EXTENSION FOR CAYUGA MEDICAL CENTER SOUTHWEST ADDITION AND BUILDING RENOVATION Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Monday, January 30, 2006 Date of Publication: Wednesday, February 1, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 7^^ day of February, 2006 (Uki liLtkj/) Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 ^ Tioga County Commission Expires December 26, Tioga County. TOWN OF tTHACA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN. Aof the Town Board Tt>s«n of Ithaca wiHiora a pubflc'^98tin§--^ 7:30 p.m. on the 13th day of February 2006 ot Town Noll, 215 North Tiogo Street, Ithaca, New York, for the purpose of consider ing opprovol of a temporory certificate of occupancy time extension for Coyuga Medi cal Center southwest addi tion and building renovo- tions; and FURTHER NOTICE IS HEREBY GIVEN, Ifialatsoch lime and ploce all persans In favor of or opposed to approval of the time exten sion may be heord concerr> ing the same; end FURTHER NOTICE IS HEREBY GIVEN, that indi viduals with visual or hear ing impairments or other special rreeds will be provid ed with assistance as neces sary, upon request. Persons desiring assistonce must moke a request to the Town Clerk not less than 48 houB prior to the time of the pub lic hearing Date: Jo" ;y. *30, 200^-. Tee^^Anqmrner town Cfe4t 'i/Od / s / \ t \ f \ TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 239 OF THE CODE OF THE TOWN OF ITHACA ENTITLED "TAXATION" REGARDING A HISTORIC BARN EXEMPTION Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Monday, January 30, 2006 Date of Publication: Wednesday, February 1, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKiNS) SS: TOWN OF iTHACA) Sworn to and subscribed before me this 7*^ day of February, 2006 tMui ididbiO Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 ^ , ^ Tioga County -y /)/Xfl, f ^ Commission Expires December 26.^"'^ / N TOWN OF riHACA NOTICE Of PU8UC HEARING NOTICETStfeREBYGIVEN, thot the Town Board of the Town of Ithoca will hold o public hearing at 7:00 p.m. on the I3th doy of February 2006 at Town Hall, 215 North Ttoga Street, llhoco, New York, for the purpose of consider ing 0 proposed local low amending Chapter 239 of the Code of the Town of Ithaca entitled "Taxation' re garding 0 historic barrt ex emption. A copy of the pro posed local Law is on file at rtie Town Clerk's Office ond ovailoble for review during regular office hours, Mort- day through Friday 8 a.m. to 4 p.m.; ond FURTHER NOTICE IS HEREBY GVEN, that ot such lime and place all persons Interested in the proposed local low moy be heard corv ceming the same; and FURTHER NOTICE IS HEREBY GIVEN, that indi viduals with visual or hear ing impairments or other special needs will be provid ed with ossistorKe as neces- sory, upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48 hoursfrrior to the time of the pub ic hearing. . Dates Jonuory 30^.2366— Tee*Ann Hun^r TowDJtfeHc ^^6 > s / ^ TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 239 OF THE CODE OF THE TOWN OF ITHACA ENTITLED "TAXATION" REGARDING EXEMPTIONS FOR CERTAIN IMPROVEMENTS TO PROPERTY MADE PURSUANT TO THE AMERICANS WITH DISABILITIES ACT Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 / > Date of Posting: Monday, January 30, 2006 Date of Publication: Wednesday, February 1, 2006 miX)2 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 7*^ day of February, 2006 ['Mm Notary Public CARRIE WHITMORE Notary Public, State of New York ' ^ No. 01WH6052877 / > Tioga County '9 Commission Expires December TOWN OF ITHACA NOnCE OF PU8UC HEARING y NOTICE IS HEREBY GIV^, ^af the Town BojiKfof the Tbviq^of Ithgca-^ill hold o pubiic^twofing ot 7:T5 p.tn. en the 13th day of February 2006 at Town Hall, 2 lo North Tiogo Street, Ithaca, New Yorl:, for the purpose of consider ing 0 proposed locol low emending Chapter 239 of the Code of the Town of IfhocG entitled "Taxation" re garding exemptions for cer tain improvements to proper ty made pursuont to the Americans with Disobilities Ad. A copy of the pro posed Locol Law is on file at the Town Clerk's Office ond available br review during jgulof office hours, Mon- ooy through Friday 8 a.m to 4 p.m.; and further notice is HEREBY GIVEn, that ot suchjime ond place all persoa, '^erested tn the proposedJxojlowmay be heord con cerning the some; ond FURTHER NOTICE IShereby given, thot indi- yiduols with visuol or heor- "19 ."Tipcrrments or other ^i^needswillbeprovrd-ed With ossistance os neces- wry,, upon request. Persons mXTn must 'fie ^own'hon 48 hours Date: Jonuary 30, 2006 Tee-Ann Hunter Town Clerfc 2/1/06 •*-- .;»< r' •• • "J 1 -..t , .. Mr } . — . -,r nn ATTACHMENT #1 TStOA/ef ^fMo! Cd»^: UMf/t/, (2/ci./c^ ^ ^ ATTACHMENT #1 y s d>/^^jZA77A/0 ffuPiser: ^i^ptuisjrpM Vai^c^a/o tO/Tif jf a^y of 7H£ J^Cpotpfij^tJT'^P, O0^7ii^A<i7VAC St/e^a^'T'AsA. 7^ f \ (p^lJfS A<Mi> tki^Vo^S : © SAfCfL <S^xjr UJA5 7>£iUfAl> fAjtkcgM^^ ($) Tfte. ^x^TM5 Af/iAiep /=^ A- ^SAAA>r 75 />at>\/rpe, an AU-Ze^jSAA/zu SZ&ATl&it^ AmOrjJ&l QoA Z,c>o^ ^1>&jl7~~ A^i^ocATTtN fS^cASS AAS AE.VeAt£'t> /$ /^SOff^^£^T Ay/Af^ASAC 7b moaJT c:M/^A/AAiiAs\\je. ^TAATkO/^ PAAAh;/A/g ^Ai>C£AS , 7^ ^^£A^rU€A£^^A£j Ae<^^>0^AAAAJ3>S TMaT t/U£. AJ^T f/0 AAi-cJTeff^A7'j /Ps7MAp^ \po£k. aio<S£\/£Aj^c 7b /'^V/2>£. Pt££C^77At3, fHEAGGATof P7As)ArAG \ /Uq 4£cpctQT' y^pjjTy • /tJcAoP£3 /a) pAcAitT'3o^fiAftO P^ Siy»e£y, ' N / \ About the Ithaca Uowntown Partnership February 13, 2006 Town Board Meeting ATTACHMENT #2 Enjbg Downtown [ Stdij Downtown j Downtown Events j Business ^ Development j About Us I About the Ithaca Downtown Partnership The Ithaca Downtown Partnership (iDP), also known as the Downtown Ithaca Business Improvement District (DIBID), is a State of New York chartered not-for-profit organization charged with the revitalization, development, promotion and management of downtown Ithaca. DCnv.VTOVN I'AHTNrHSniP The Ithaca Downtown Partnership has adopted the following vision statement to guide its work and operation: "Downtown Ithaca is the economic, social, and cultural heart of Tompkins County. The Ithaca Downtown Partnership will strive to preserve and develop the central downtown core as the region's center for banking and finance, business and professional offices, government and community services, downtown residences, and as a retail destination highlighted by specialty shops, restaurants, arts and entertainment. Downtown serves people who live and work downtown, city and county residents, college communities, area visitors and tourists". •ITHACA* Younguide to diningtnd The Ithaca Downtown Partnership (IDP) was founded in 1997 as the Downtown Ithaca Business Improvement District. The IDP is governed by a 22 member Board of Directors, (see attached list-link). There are 19 voting members and 3 non-voting ex-officio members: o 3 City representatives o 1 County representative o 10 property owners o 1 residential tenant o 4 commercial tenants o 1 Cornell University representative (Ex Officio) o 1 Ithaca College representative (Ex Officio) o 1 Chamber of Commerce representative (Ex Officio) The IDP is currently registered and recognized by the IRS as a 501 (c)6 not-for-profit organization. Tax exempt donations can be made to a special Downtown Fund managed by the Community Foundation of Tompkins County. • The IDP operates with the following staff: o A full-time Executive Director (Gary Ferguson) o A full-time Marketing Director (Susan Whitaker) o A full-time Community Events Coordinator (Katie Wadsworth) o A full-time Office Manager (Phil White) Interns are an important part of the IDP program. For-credit internship opportunities are usually available for students interested in marketing, special events and/or business development. Contact the IDP office at (607) 277-8679 or phil@downtownithaca.com for details. '2006 ITHACA DOWNTOWN PARTNERSHIP • TERMS OF USE ittp://69.72.200.94/about/index.htin ADoul me imaca uowntown Faitnersmp Page 2 of • The Ithaca Downtown Partnership is a comprehensive downtown revitalization and management program engaged in four principal areas: ^ )o Business Retention & Development , ^ o Promotions & Marketing ) o Government Relations & Environmental Infrastructure o Special Events • Business Retention & Development includes: o Strategic Planning o Business Recruitment & Attraction o Business Retention o Business Expansion o Provide One-on-One Business Technical Assistance o Business Start-Up Assistance o Project Development ft Facilitation o Key Property Revitalization • AAarketing & Promotion includes: o Image Marketing o Student Marketing o Conventioneer Marketing o Tourism AAarketing o Regional Marketing o Merchant Communications & Liaison o WebSite o Downtown Dollar Program o Annual Dinner o Holiday AAarketing f \ o Friends of Downtown Government Relations & Environment includes: o Ambassador Program o Clean/Landscaping Supplemental Service o Safety fit Security o Art In the Heart of the City o Holiday Decorations o Parking o Banners o CityMOU Community Special Events includes: o Winter Fest/Chili Cook-Off o Ithaca Festival Craft Show o Summer Concert Series o Cars on the Commons o Apple Harvest Festival o Holidays Around the World Each year the I DP prepares a work plan and budget to support these and other activities. The IDP has prepared and approved a "Downtown Ithaca Ten-Year Development Strategy". This strategic plan provide the blueprint and guidelines for downtown ( \ development from 2000 - 2010. Each annual work plan addresses a portion of this strategic plan. ^ ^ http://69.72.200.94/about/index.htm 2/13/200( / s /' > TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT:NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 239 OF THE CODE OF THE TOWN OF ITHACA ENTITLED "TAXATION" REGARDING EXEMPTIONS FOR CERTAIN IMPROVEMENTS TO PROPERTY MADE PURSUANT TO THE AMERICANS WITH DISABILITIES ACT Location of Sign Board Used for Posting: /^\ ! \ ( \ Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Date of Publication: Monday, January 30, 2006 Wednesday, February 1, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca 1' ^ / \ STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 7*^ day of February, 2006 Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County Commission Expires December 28, TOWN OF ITHACA NOTICE OF PUBLIC HEARING y NOTICE IS HEREBY OV^N, the Town BopfcTof the Tbs^nof lth^ca^ll hold o public hearing ot 7:15 p.m. on the 13rti dgy of February 2006 at Town Hall, 2)5 North Tioga Street, Ithaco, New York, for the purpose of corrsider- ing a proposed local low amending Chopter 239 of the Code of Ine Town of Ithaca entitled 'Taxofion" re garding exemptions for cer tain improvements to proper- ty made pursuont to the Americans with Disabilities Act. A copy of the pro posed Local law is on file ot the Town Clerk's Office and availoble for review during regular office hours. Mon-day through Fridoy 8 o.m to 4 p.m.; ond LT-..notice is plmo^bThSX^cerning the some; ond NOTICE IS !id ®VEN, ihof indi-yiduols with visuol or fiear- iinpoirmonis or other ^'ol needs will be provid^vwlhoss/stonce os neces- wry, opon request. Personsa«'"ng assistance must moke a rMuest to the Town Clerk not less thon 48 hours pnor to the lime of the pub lic hearing. potejJonuory 30, 2006 Tee-Ann Hunter Tovwi Clerit 2/1/06 -... ..yi ^ ' -t' * J J i .. -rv 1 - ATTACHMENT #1 TSl^Af Of ITHAO! 2-ooc ^ ^ ATTACHMENT #1 / d>/!c/s.A7W0 /SuPiser: Ya^^cjUT^o ^^^tl>£l> UJ/7he Jf-c^^y OF TM JI^CPo^fifiM'*^^P. OOAJ7S^A'd7cJJi»'C^t/0&ST^/Ss>ft'fW-rs> Y^£ia/. \ G^*JI5 AOJt> thfl>M^OfOS : <£/ 5t^fcfi=_ S-Pfif^T^OSL? IaJAS tAJL^£^A j (© THi^ A- <saf9A^r rd> /aai>\/rj>& ai^-t^aaa/aj :Tr72ATl&te^ ^UM)rA/&Z do(L Z.<pe>& @bX>^^7~ A^u^ocATTtiO psteocASS A AS AK.VeAliC'b TJiAir' IT^CPC /s /A)StJPF/^£pr/^cJ*^l^ AVAUA6/^ To MOaJT A- c:OM/>AA/TAitTs%\J£, ^rPATkO/^ ^AA C£SS , 7^ ^T7*£ACAsA£j AeCAj^A^AfOPS TMaT yj€. AJ^T fA ^P-sjrefPsAO /^SJTAO^ UMAiL ^f^Al'l.CA^/fJfTjATiY^s 7b pAoyJt'f^e. ptAeo7TA$S / \ • / V FmCA^aTo/ P/Appfi^^ 1 /Oq <£Z/0<9/tt7" l>CP\)Vf - /PcA0P££> /a) pAc^sdT^opfiA-ttO 7i Suye^v. VauAHa > \ / \ February 16, 2006 Town Board Meeting j'^ATTACHMENT f \ f ^ f \ ! \ 1016 Hanshaw Rd Ithaca, NY 14850 Feb. 13, 2006 To the Ithaca Town Board: At the Jan 26, 2006 Town Board meeting, regarding Hanshaw Road, the notion that government ought to keep promises to its citizens was dealt a serious blow. At the same meeting, the notion that public input mattered, was dashed when, following public comment, the town quickly passed a resolution that had clearly been prepared well before the meeting. We were pleased, however, that Mr. Stein voted against the resolution, feeling that the town's keeping of its word was more important than rushing ahead on a sidewalk decision. In doing so, he also made a great speech, by the way. We were also pleased that Mr. Burbank was candid about the town's awkward handling of the issue, and he offered his personal apology, which we appreciate, and accept. We sympathize with Mr. Engman's problems with his own trees which the county destroyed, and did not pay for. This is typical of the county. Back in 2002, the county, under the same Mr. John Lampman, renovated N. Triphammer Rd., which also involved us as we owned a lot there. After agreeing to work within an existing right-of-way, they nonetheless went 12 feed over the line, digging a ditch, digging out survey pins, a stone wall, our for-sale sign, and plantings. After six months prodding, they plugged the culvert inlet and filled the ditch. They never paid for the additional damage, including the $500 replacement survey to replace the pins. We assume that the two junior members of the board were comfortable in getting themselves up to date on aN the information that was presented by us prior to their taking office. At least they did not choose to abstain from voting, which some of us felt might have been more appropriate. We have not heard a word from Supervisor Valentino. Perhaps she is still preparing a letter of apology to send to the "adjoining residents." We are impressed however with her ability to orchestrate Town business as she sees fit. However, the main purpose in my coming here tonight is to present the Town with copies of the papers, regarding the right-of-way (ROW), which the County has been ignoring. In as much as it seems that the Town will need to obtain what amounts to a sub-easement from the county, the Town needs to know if the County has valid goods to transfer. They do not. In papers which I have mailed to the Town of Ithaca attorney last Friday, copies of which I will leave with you tonight, I have outlined and documented a half-dozen disingenuous and failed attempts by the county to claim that it already had a 25 foot ROW. At the same time, I have compiled documents and opinions that support out point of view, including an email from Bill Lesser, who was a member of this board until a few weeks ago. f \ N ! ^ f \ ' ^ ^ \ By these presentations, the Town of Ithaca is on notice of the failure of the County to establish a valid ROW, and like the County, the Town is forbidden access until such time as a ROW is established through due process, just compensation, and equity. We ask you, first in consideration for our own property rights, and in your own interest as the beneficiary of any actual ROW, to ask the Town attorney to both investigate the ROW issue, and to take steps to get the County, and its attorney, to take the property owners seriously. They have known about the ROW problem at least since Oct. 19, 2005, when I informed them in a letter. We will not tolerate the continued disdain for our views and disrespect for our property rights which the County has shown so far, and we urge the Town of Ithaca to set a better example in this regard. Sincerely, Ue-t. My Bernard Hutchins Jinyong Hutchins ) \ I \ / N ! \ ' > 1016 Hanshaw Rd Ithaca. NY 14850 Feb. 10, 2006 Ms. Susan Brock Town of Ithaca Attorney 306 E. State St Ithaca, NY 14850 Dear Ms. Brock: In as much as the Town of Ithaca, by resolution of the Town Board dated Jan. 26, 2006, has expressed an interest in constructing, owning, and maintaining a sidewalk along Hanshaw Rd. between Sapsucker Rd. and the Cayuga Heights village line, according to a plan presented by the Tompkins County Highway Dept., which involves our property at the above address, you need to be aware of the current situation with regard to the Right- of-Way (ROW) at our property. This ROW has been in dispute with the county at least since Oct. 19, 2005, when I sent the county attorney, Mr. Jonathan Wood, a certified letter (copy attached) informing him of such. Mr. Wood has never replied to this letter. There has been some discussion of this with Mr. John Lampman (county highway) and Mr. Richard Brauer (the county's consultant. Fisher Associates), but almost completely, they are avoiding the issue. It is clear to us, and to many of our neighbors, that there is certainly no written easement for the road that describes a 25 foot ROW or anything beyond a use easement. My deed (attached) is likely typical (the neighborhood was after all just a few large farms at one time). Further, at my property, and for most if not all the properties down from Blackstone to the G.H. line on the north side of Hanshaw, there is no ditch or swale, or the slightest evidence of "occupation" by the public. To the contrary, there are trees and hedges of considerable age in many places. The situation is probably similar to mine on the entire south side of the road, but it may be different on the north side east of Blackstone or Warren, where there may be ditches. At the Jan 26, 2006 T.B. meeting, John Lampman said that originally, they (the county/Fisher) thought there was a defined 25 foot ROW in the deeds of 75% of the properties along Hanshaw. I can say with some certainty that they did look at the deed of at least one property - mine. This I say because on Dec. 1, 2005 there was a meeting between property owners and the county at the G.H. firehouse. At that meeting, I refuted their claim that the NYS DOT had determined that there was a 25 foot ROW based on some plans from 1906. At that time, they pulled out their "ace in the hole" and told me that my own deed had a 25 foot ROW in the text itself. I told them that I was sure it didn't, and they said they were sure it did. They were "sure" beyond any 75% probability, which tells me that they did look at my deed (me being a main troublemaker) specifically. I had not brought the deed with me. ( ^ What those fools did was mistake a private ROW, on the side of my property, which is mentioned at 25 feet, as being a public ROW for the road. The road ROW is on the second page (see attached) and is only by use. This I of course pointed out to them on Dec. 2, and they said they would correct their records. My ROW involves probably three of my neighbors as well (Ptak, Henry, and Cowan), and I believe there is at least one other further up (Beyenbach) that is similar. I suspect that this realization of their blunder was the reason Mr. Lampman revised his estimate downward to 50% at the Jan. 26 T.B. meeting. On Jan. 27,1 challenged him to find a 25 foot ROW in even one deed. He has never responded. I have subsequently asked Mr. Bill Sczesny (the county highway director) to get Fisher Associates to look at the deeds and to come back with actual numbers, but he too has been unsuccessful (he laments that it is not like his Navy days when asking once was enough!). We have the following sequence of claims and failures on the part of the county: (1) Sept. 29, 2005, Dewitt School, County/Fisher to property owners: We have written easements. (None produced.) (2) Oct. 17, 2005, Ithaca Town Board (Supervisor Valentino and John Barney), County needs to go back and dig into their file cabinets a bit more. (No Response.) (3) Oct. 19, 2005, County/Fisher to property owners during neighborhood walkthrough. The 25 foot ROW is on your survey maps. (Lines on survey maps irrelevant: opinions of State DOT - "ROW Mapping Manual", Darrel Harp, Bill Lesser, etc. attached) (4) Oct. 19, 2005, my letter to Mr. Wood. (I have the certified mail green card back. There is no response.) (5) Dec. 2, 2005, C.H. Fire House, County/Fisher to property owners: The NYS DOT has found conclusive evidence of 25 foot ROW in 1906 plans. (DOT denies this - phone call to Joe Flint at Syracuse DOT at 1:45 PM. By 6:00 PM county/Fisher says 1906 plans "irrelevant") But (6) Dec. 2, 2005, C.H. Fire House, County/Fisher: it's in the text of your deed. (It's not - they looked at the wrong thing!) (7) Jan 26, 2006, T.B. Meeting, Lampman: it's in 50% of the texts of the deeds. (Pure blue sky - no data - he just made that up, hesitatingly, on the spot. He has not responded to a challenge to produce evidence.) In answer, I have assembled (attached), as best I can, documents that overwhelmingly support our point of view that the county has no ROW beyond 15-17 feet at our location. f \ There comes a point at which laziness and denial on the part of bureaucrats, and disrespect and disdain for the citizen, regardless of official intent, constitute a denial of due process. We are beyond that point. This government-sponsored quagmire is typical of most rights issues and the situation is unchanged from Mencken's typically masterful although cynical description of 80 years ago; H.L. Mencken, "On Government," Prejudices: Fourth Series (1924) It is, perhaps, a fact provocative of sour mirth that the Bill of Rights was designed trustfully to prohibit forever two of the favorite crimes of ail known governments: the seizure of private property without adequate compensation and the invasion of a citizen's liberty without justifiable cause and due process of law. It is a fact provocative of mirth yet more sour that the execution of the prohibitions was put into the hands of courts, which is to say, into the hands of lawyers, which is to say, into the hands of men specifically educated to discover legal excuses for dishonest, dishonorable, and anti-social acts. In as much as the Town of Ithaca would need to get an easement (according to Mr. Kanter's Sept. 13, 2005 memo) from the county - a sub-easement I guess - does the Town not have to be sure it is the county's right to give? I would suppose that the Town has an interest in not being left with a faulty title. The Town of Ithaca is hereby informed and put on notice that as of this date, and going back to Oct. 19, 2005, that Tompkins County has not proven they have a valid ROW, nor could they, for they have not responded to my challenge. Until such time as this issue is addressed and resolved, consistent with our property rights, and our rights to due process and just compensation, the Town of Ithaca as well as Tompkins County is forbidden from trespassing on our property for purposes relating to the construction of a sidewalk along Hanshaw Rd. We will appreciate your addressing this issue. Sincerely, Bernard Hutchins -W T»R» 4-0 QyvA& sj /6>|o6» HUTCHDSrS (1016 Hanshaw) Oct. 19,2005 Letter to Tompkins County Attorney Jon Wood (attached I ) Certified mail receipt retumed Oct. 21, Delivered Properly No Response at all as of Jan 27,2006 Oct. 21,2005 Email from Bill Lesser, Ithaca Town Board (Concerning ROW by use)(attached J,) Oct. 21,2005 Email to NYS DOT regarding ROW (attached 3 ) Nov. 8,2005 Large Envelope from State DOT - Cover Letter Edward Wilday (attached If ) Dec. 1,2005 "Open House" meeting Dec. 1,2005, Cayuga Heights Fire House Email from John Lampm^ at 1:30 - said state DOT says State DOT thinks 1906 plans conclusively show 50 foot ROW. ^ (attached ^ ) ^ ' Call to S^acuse DOT Mr. Flynn (sp), says DOT was not in a position to make such a determination. 6:00 PM at Firehouse Lampman and Brauer (Fisher Associates) say 1906 plans are irrelevant! Instead, they say my own deed shows a 25 foot ROW. I tell them it does not. Did not bring deed. Dec. 2, morning, send copy of deed (attached ^ )to Lampman and Brauer. Deed only shows use ROW (attached *7 )• Th© county mistook a private side ROW for the road! Lampman emails thanks for the correction, (attached ^ ) Dec. 12,2005 "Ithaca Town Board" Persons to be Heard ROW Update to board. Still no response from Wood. Story of county's blunder in mistaking side easements for road! I have Found DOT ROW Mapping Manual (many points against county's ROW claims) (main points attached ^ ) Dec. 15,2005 "Gagnon Article" (much support for our view)(attached (O ) Jan. 26,2005 Ithaca Town Board - We are ignored. They already had resolution written and printed. Lampman has downgraded his estimate that 75% of deeds show 25 foot ROW in text to 50%. We will believe him when he downgrades it to 0% or when he shows us one or more examples. ' f i c- , ( <D 1016HanshawRd Ithaca, NY 14B50 Oct. 19,2005 Mr. Jonathan Wood Tompkins Coxiniy Attorney 125 E. Court St. . ' Ithaca, NY 14850 Dear Mr. Wood: L). connection with proposed work in rehabilitating Hanshaw Road between Sapsucker Woods Road, and the Cayuga Heights Village Line, Tompkins County" (as represented by Mr. John Lampman of your highway department and Mr. !l^chard Brauer of Fisher Associates, Rochester) maintains that the county haS a right-of-way (ROW) over our property at 1016 Hanshaw Road . beginning at the center We of Hanshaw Road and extending for a width of 25 feet to the north. As of this writing, we have not been provided with any written proof of this ROW or easement. To the contrary, it has been sugge^ed that no written Wcuments granting the ROW can be located, and may never have existed,, and that the county would claim a "use easement." This letter is first of all a request for the county to provide a copy of any written easement 1 concemmg this matter, and failing to do that, to provide iiiformatipn as to what sort of search (if any) for the docuinent has been made, and why it has failed. At the Monday (Oct 17,2005) ^ ineetmg of the Ithaca Town iBpard, cohceming sidewalks on Hanshaw, Supervisor Valentino and . attorney John Barney felt that the county needed to dig into its file cabiaets a bit more, and said they woiild so inform the county. If you cm claim only a "use easement" then we would need at least a letter stating that ypu do-, claitn this, and the b^is for claiming it w^ 25 feet. The actual use at ray location is just 15 feet (the road plus the shoulder). There is np Wch or anything beyond that, except as I maintain my own property. Any such figure m 25 feet is arbitrary, just the "county standard" and unsupported by the evideiice on the ground. In fapt, the evidence oh the ground is counter indicating, as old trees are grovmg, presumably plantpd intentiondly, ^verselv to anv use bv the public, and never challenged. By this letter we deny Tompkins County any rights to our property further than 15 feet from the centerline, until such time as you are able to provide written proof of a wider easement; or until the' county negotiates a satisfactory element agreement with us, or until you state your position completely and in writing (addressing ^ my concerns above). General verbal statements by the highway department and/or its consultaiits are of course insufiScient Sincerely, Bernard Hutchins C/ SquirrelMail Page 1 of 2 © Current Folder; INBOX Compose Addresses Folders Options Search Help Message List I Delete Previous I Next Forward j Forward as Attachment ] Reoiv Subject: RoW on Hanshaw Rd. From: "William Lesser" <whi1@cornell.edu> Date: Fri, October 21, 2005 3:06 pm To: hutchins@ece.cornell.edu Priority: Normal Options: View Full Header j View Printable Version j View Message details Dear Bernie, The issue of the form of Right of Way on Hanshaw Road came up at the Town Board meeting. Here for your possible use I will lay out what I know of this intricate matter. 1. Whether the RoW is by use or deeded is not readily determined. Indications are if a deed refers to the RoW. A RoW shown on a survey map is not an indication, as surveyors will often show 3 rods (25 feet each side) as a matter of course, and not based on a legal determination, 2. Fisher Associates seem to believe/would like to believe Hanshaw is a deeded RoW; Lampmah seems less clear. My guess given the age of the road it is by use. In any case, it is the County's responsibility to document a deeded RoW if that is the basis for any action. 3. If the Row is by use, that gives the County rights only to what is presently being 'used*. If there are ditches associated with the roadway they would likely be included, but whether additional land needed to service a ditch or shoulder is included as well is unclear to me. 4. Again, if the RoW is by use, the County must purchase a RoW for any additional land used in an expanded roadway. A landowner unwilling to sell would most certainly loose an eminent domain case if the purpose was an improved roadway for public use. Whether the same would apply for purchases for a sidewalk is unknown to me. A landowner could however go to court if the sum offered for the expansion of the RoW was unacceptable. Any resulting increase in payment would likely be nominal compared to the costs and hassles, but clearly multiple cases would be a burden for the County to manage. I hope this information is helpful for you. Bill Lesser Download this as a file ^ake Addresisi^ h+frk-/AA/aKmoil r^nrn^l! orlM/cnMirrolmail/Qm/rAflH hoHv nhn^mallhnx—INBOX&OaSS... 1/27/2006 / V To STATE DOT - OCT. 21, 2005 We are currently involved with Tompkins County with regard to rehabilitation of Hanshaw Road here in Ithaca. I know that the DOT is also involved. The county is unable to provide any existing written easement agreements. The county very vaguely mentions "use easnients" and a couple of 19th century laws, but they don't give the details. Where would I look to find more information about this matter? Bernie Hutchins ! \ v333yEA^T\VV^SHl{si<5ir^N.jS^ <s ., . CARL F. FORD, P.E ACTING regional DIRECTOR November 8, 2005 THOMAS MADISON. JR- ACTING COMMISSIONER Mr. Bernand Hutchins 1016 Hanshaw Road Ithaca, New York 14850 Dear Mr'i Hutchins: G You recentiy.sent an e-mail to'the NEW York State Department of Transportation. You asked about a project on Hanshaw Road and wanted to know about the right-ofrway. Hanshaw Road was a state road between 11/1/1908 and 9/29/1965 (frorh Cataiog', of State Highway Nurribers; State Highway # 606 "Cayuga Heights-Hanshaw Comers"). It was abandoned by Official Order # 1123 to Tompkins County (copy enclosed). It is normajiy-pur procedure to turn over ali documents to the county at the time of abandonment A search of our records found virtually no records, an Indication that we did turn them over to the county. We did find a microfiche copy of the original contract when the state took over the road. ("Plans For Improving The Cayuga Heights-Hanshawls Coi^s. Rpad,*'dated Decernber 1906). it shows the road was constructed pursuant to Chapter 115 of the Laws of 1898; Copies: pf the documents are enclosed. This irifofmalion may help you with^the Tompkins County . Department of Transportation. You could also research the county clerk's office and check to see If there Is any county or town historian. . . We wish you the best of luck. Very truly yours. ,p.KEDWARD G. WILDAY, Acting Regional Design-Engineer Enclosures C SquirrelMail Page 1 of 2 Current Folder: INBOX Sigh Out ^ Compose Addresses Folders Options Search Help ^ Message List j Delete Previous j Next Forward j Forward as Attachment j Repiv j Repiv All Subject From Date to Co Priority Re: Hanshaw Public Meeting, Dec 1 "John Lampman" <jlampman@tompkins-co.org> Thu, December 1, 2005 12:30 pm "Bernard Arthur Hutchins Jr." <hutchins@ece.cornell.edu> "Richard Brauer" <RBrauer@FisherAssoc.com> (more) Normal Options; View Full Header [ View Printable Version | View Message details Bernie, The ROW status really has not phanged.  I mentioned to Klaus Beyenbach that the DOT (my contact) thought that the 1906 plans conclusively showed that there is a 50 foot right of way.  I think that plans can be interpretted that way but I'm not sure everyone would say it is conclusive. ^ The County's position is that we have a 50-foot right of way, although we have not found any evidence of a dedicated ROW. ^ However, 90%+ of the deeds along the project reflect a 50 ft public right of way either in the text, a map, or both, and property pins located in field coincide with 50 ft ROW.  Tax Maps and assessments also are based on a  50 ft ROW.  We are continuing to research the question. The road "use" and associated drainage occupy a width of 25 ft from the centerline for the majority of the road.  Other places "use" cou be as narrow as 17 to 20 ft from the centerline of the road. I don't expect Jonathan Wood to be at the open house, so Fisher and I will have to address ROW as needed.  Fred Noteboom, Dan Walker, and Jonathan Kanter are expected to attend from Town of Ithaca staff.  I don't know if any Town Board members are coming. I'll look forward to seeing you around 6PM. John L. Date sent:      ^^^         Mon, 28 Nov 2005 12:04:20 -0500 (EST) ' ^ Subject:                 Re: ^ ' Hanshaw Public Meeting, Dec 1 From:           httn7/wfihmflil nnrnfill fiHii/.<?niilrrfilmail/Rrf:/rfiflrl hnHv.nhn?mailhnx=INBOX&Dass... 1/27/2006 SquirrelMail Page 2 of 2           "Bernard Arthur Hutchiins Jr." To:             ^             llartMrian^ > John- > > What is the current ROW status? > > What ROW do you claim and on what basis? > > Bernie Hutchins Down load this as a file Delete & Prev | Delete & Next Move to; INBOX hftn://wfibmail.oornell.edu/sauirrelmail/src/read bodv.DhD?mailbox=INBOX&Dass... 1/27/2006 SquirrelMail Current Folder: Sent Compose Addresses Folders Options Search Help Page 1 of 1 Sian Out Message List j Delete j Edit Message as New Previous I Next Forward I Forward as Attachment I Reolv Subject: I am right about my deed! From: "Bernard Arthur Hutchins Jr." <hutchins@ece.Cornell.edu> Date: Fri, December 2, 2005 11:07 am To: jlampman@tompkins-co.org (more) Priority: Normal Options: View Full Header j View Printable Version j View Message details Hey guys- I am right about my deed. Attached is hansl016.pdf. -Possibly whomever you hired to research the issue was careless and mistook tl^ North/South easement (which does mention a distance of 25 feet) for a roadside easement. It is further significant that the distances are mentioned for the side easement, but not for the front. This suggests that the front dimensions were not available. Add this to the "preponderance of the evidence." For the survey, note that the supposed R/W lines are not parallel to the centerline (25 ft and 25.5 ft) and that the are drawn in on both sides. Are we to suppose that the surveyor also checked the south side of the road? No, he just drew them in. Regrettably, much of the map seems to have come from his imagination! The first version did not even close - with an error of ten feet. Some day I need to get A1 Fulkerson to come up and do it right. Bernie Download this as a file Attachments: hans1016.Ddf applicatlon/pdf ]Download fcJake Address! Delete & Prev I Delete & Next Move to: I INBOX iMd'vei httn7/wfihmail r.nrnfill.fiflii/.qniilrrfilmail/srn/rftafl hnriv.nhn?mailhf)X=INBOX.Sent&... 1/27/200fi %w :M,i^ n ■■'• IIBER;v\M X ■;:•WARRANTY DEED WITH LIEN COVENANT ..THIS INDENTURE, made = the 28th day of November, • Nineteen Hundred and Ninety Five n., Between FRANCES E. BRUCKNER., of 146;Burleigh Drive > Itha^ca', ? New York 14850, party of. the first part, and > - y BERNARD A. HUTCHINS and JINYONG M. HUTCHINS, - husband ajid• wife, of 1 Pheasant'Lahe,^ Ithaca; New York 14850, as tenants iiy the entirety, parties of the^ second part . WITNESSETH, that the party of the first part, in consideration of One Dollar ($1-GO) . lawful money of the United . States, and other good and valuable consideration, paid by the . parties of the second part, does hereby grant and release unto the parties of the second part, the survivor, his or her heirs, distributees and assigns forever, ■ ALL THAT TRACT, OR PARCEL of land situate in the Town of Ithaca, County of Tompkins, State of' New York, being a part of Military Lot 9.0 in said town; more particularly bounded and described as followsi BEGINNING at a point in center line of Hanshaw Road, wji.ich point of beginning is- 1,23 0 + feet northwesterly from its intersection with the centerline of Blackstone Avenue, being also the southwest corner of premises conveyed by the Grantor herein to Philip L. F. Liu and Justine" L. Liu by deed dated May .24, 1984 and recorded in the Tompkins County Clerk's office in Liber 601 Deeds Page 443; thence North 22° 2.7' 30" east passing a pipe at 25 feet a total distance of 232.7 feet to a point marked by a pipe; thence south 68° 26' 19" east 142.9 feet to a point marked by a pipe, said point being the northeast corner of premises of • Liu and being in the centerline of a 50 foot right of way; thence north 6° 53' 22" east, passing a pipe .at 277.5'± feet a-total distance of 292.1 feet to a point marked by an iron pipe; thence^ north 60° 32' west 249 feet to a point marked by a pipe; thence south 13°-45' west passing a pipe at.522*1 feet a total distance" of 547*6 feet to the centerline of Hanshaw Road; thence south 64° 25^ east 100 feet along said center line to the point or place of beginning... ^ . TOGETHER WITH a right of way 25 feet wide from Hanshaw Road along the west line of premises formerly of Uris and now reputedly of Henry and a right of way 25 feet wide along the east line of premises of Liu which together constitute a 50 foot right o.f way .. ^ ... . .tSUBJECT TO a 25 foot right of way along the. east line of the above, described premises north of the premises .of Liu. NEW York I4a5i "e-53fl n y tt t ; . HOLMBERCs. '''■■' GALBRAITH. ' ^ •'■'■ HOLMBEAGSORldli'" . MromtBSrsj^^^ RSATLAW 2f ^BUFEAlA st. ■ urr^sbV ■'■ " / p. boxWbsi vN^YDWt^SSt J6diSs5i1sa»eesssAiPcSitiir6*^j5SlS^?fS*Ttj^Abb •' ' ■■ BEING' a' portion. 'of tho pfoialsOS 'conveyed" to j. Herbert" Bi^pkher 'aiid Prances E. Br^cfcher by deed'dated ■ Match 30,- 1967,\ recorded said Clerk's office in Liber 4^7 Deeds, page 947. J.Herbert Bruckhet (also known ae Jacob Herbert Brucl^er) diedFi^ituary 26> 1970, leaving the Grantor her'ein as surviving tenant, by. the. entirety. The above described premises are conveyed soibj ect to the; •PnnowTnfr; ■■ ' 1'. The.' rights of the .public in and to that pprtion of above-described'premises lying, within the bounds, of Hanshaw Road. 2. A right of way for electric lines granted by StellaHanford t6' yprk State Electric & Gas Corporation by instrument dated F^ruai^ 16, .192B, recorded in said Clerk's office in Liber 213 Deeds, page 452. 3. Ail eas,emeht for a eaiiitary sewer right of way granted tp the • Town of Ithaca by instrument dated Juiy, - 25, 1959, and recorded in said Clerk's officP: in Liber 419 Deeds, page 181. The above described pfaittiseS are showh on a ^SURVEY MAP OFLANDS OF J. HEteERO? AND FRANCES..-E.. BRUCKNER, HANSmW RO^, LOT 90,'.lT0WN OF ITfiAGA, TOMPKINS; COtJNTY, .YORK^' made by ClarenceW. Brashdar, Jr., dated and amended November 3, 1995, a copy of which is attached hereto and made a part lierdof. TOGETHER with the • appurtenances ■ and all the estate andrights-of the pairty of the first part in and to said premises, ' TO HAVE AND TO HOLD the premises granted untp the parties of w tiie second part, their heirs/ distributees and assigns forever. • AND said party of the first, part covenants as follows: • PIRS^/ Thait the Jjarties of the secipnd part shall quietly snjoy the said • premises; > SECOND That said party of the first part -will forever- WARRANT the title to said premises. ■ -••• ' , ' . THIRD, That, in. Comp:^.ance withEec. 13 of the Lien Law, the •. grantor will receive the consideration for this conveyance, aiidwill hold the right to receiLve such cpnsiderahioh as a trust;^fund. .to be applied first for Jbhe purpose of paying the cost pfv the • improvement . and. will apply the same firat to the payment ,cQst of ther improvement before usihg any part, of the total of''th^.' same "for any other purposei . PIPE NEAR /:HENRY'S -LCORNERS •/IHENRY' ( R.O.)'* 'X— -C 50' RrOHT DF .WAY PER DEE0<^y-. ; n •■ N6''53'22"E'2927f'~ \(277.5'tPtPE,/:f0 PIPE)ililS"""" •'.««»«tlort'la •'V l»nd turv^ya^'g. Mai l« ri'wlalMliM *-.'..EduSIulTuIi"'* V«H, «UU-.-..EdusiUan l.*w. . •*"*' ihf'»" ll** arUlnai. ar.-tKlfwirVMfV a..t <h.ll b. .a«aId.Jid »a b! "-f"■ig'nSSRjJ/tY MAPs-;;b.* j ';;OF--LANDS' OP= ■ d.HERBERT 8 FRANCES E. BRUCKNER.. hanshaw road;LOT 90,T0.WN OF jTHAGA ': TOMPKINS ..COUNTY, NEW YORK-^1-,... . '.SCALE r'=60' OCT 9,.l99i^ .;••|k:- •.•:-,-^.Q.|RO'n. STAKE'AMENDEDNOV 3,1995'.1/•W/■xn\"\T"../. '•i .I • ••'r-''CoLIU (RO.)*v.^ ..J. HERBEIRt a .FRANCES E. BRGCKNE^^^~?S^o v.a/'fT7DEEDS BOOK 462, PAGE 947TAX map parcel No. 71 - I - 68.2 ■2.390i ACRESCERTIFTcQTrnKi"''No..^38I9^,and thlrmap correc??C :. on the ground made by me, and I founH 5 euruey •■uiay, except ae ehoun herein? e^croachmentis eX then '• ,I'". ,3flTEp..N8v 3.199BNOT VALID UNLESS SIGNED'iN PFn'.i♦ • • - "V: •l'"—■ f-- - - t'-'.'W"'VJ,.Uiz HOUyiBERQ., • • ^ALBR/UTH. :■ HOLMBERG a. ORKW ATTORNEYS AND' ,^^iJNSEI-ORS AT LAW BUFFALO ST. a.6. Boxessav; ^ N^ yOI^-14651 4 ,t p» ••>.««? - • »5' 'A • ;;■ lii; wiiiiEsi'iifer^Unto set, her tend' and seal the day ana , . IN Pi^SENCE OF (L;S.)? tRAlTCES E: BRUCraER STATE OF NEW YORK COUNTS" OF TOMFKINS . " ' o„ tile 2sa a.y ofFive, before ino, fhe. ®vittno^'and "bnOwn to me to be the Same!SS?fcS&TS!?a«^ gS Sf abi"'—■ "•she .acknowledged to me that she executed the sam . ^ . Notary Public LAURA HeHOlMB^-^Nrt8ijPubIlc.^DfNewTort Qualiffed in fompkins County Mo. 55-^ft y Comfnisswn Extwes Novemt»r 30, J • • RBmVED. ' REAL ESTATE NOV 3 0 1395 S O TRANSFER TAX TOMPKINS COUNTY ^ .-rApkins County; ss; ^ PayRecorded • • * /\ " O'Js 's o'clock',^:iMX)ntte, p • -A and jammed. .-l-KiirJa• • SquirrelMail Page 1 of 2 I ^ Current Folder: INBOX Sign Out ' ' Compose Addresses Folders Options Search Help Message List j Delete Previous | Next Forward j Forward as Attachrhent I Reply I Reply All Subject From Date To Co Priority Re: I am right about my deed! "John Lampman" <jlampman@tompkins-co.org> Fri, December 2, 2005 11:30 am "Bernard Arthur Hutchins Jr." <hutchins@ece.cornell.edu> "Richard Brauer" <RBrauer@FisherAssoc.com> (more) Normal Options: View Full Header I View Printable Version | View Message details I think you're right that somebody mistook the side easement references for the road easement. I'm glad you checked. We will add this to the right of way information we have. Also, I looked over the message you sent me yesterday and I think we discussed everything included at the public meeting with the exception of one thing. Regarding the question on the width of the 'use' ROW, as the I understand it you are right that if the ROW is only by use and we are using 17 to 20 feet, then ROW would be no bigger than that. John L. Date sent: Fri, 2 Dec 2005 11:07:41 -0500 (EST) Subject: I am right about my deed! From: "Bernard Arthur Hutchins Jr." <hutchins0ece.Cornell.edu> To: ilampman@tompkins-co.orq, RBrauer0FisherAssoc♦com > Hey guys- > > I am right about my deed. Attached is hansl016.pdf. > > Possibly whomever you hired to research the issue was careless and > mistook the North/South easement (which does mention a distance of 25 > feet) for a roadside easement. It is further significant that the > distances are mentioned for the side easement, but not for the front. > This suggests that the front dimensions were not available. Add this > to the "preponderance of the evidence." > > For the survey, note that the supposed R/W lines are not parallel to > the centerline (25 ft and 25.5 ft) and that the are drawn in on both > sides. Are we to suppose that the surveyor also checked the south side > of the road? No, he just drew them in. Regrettably, much of the map > seems to have come from his imagination! The first version did not > even close - with an error of ten feet. Some day I need to get A1 > Fulkerson to come up and do it right. /^S > . > Befnie hHTk*//\A/ohmail oHii/cniiirr/almail/crp/r<aaH hnHv nhn9mflllhnY=IN!ROXAnaSR... 1/27/2006 G * \ ■G - AT«£_jr»*,;wtw^itxv*.—* Viav^»* *'t ri '-■^^cfc^O'«*<^5S^t•iW(^^'^**5'A3^<5AVv*sl^r A' >ryf»«rrf>ri*S>s»tjrftof5a:^'<jsftSW3!Va'B&^^y^ttf6^^ ( , NO MATERIAL FROM FISCHER AS PROMISED AT OPEN HOUSE, SO I FOUND: DOT ROW MAPPING PROCEDURE MANUAL June 19, 2002 http://www.dot. state, hy. us/desig n/survey/row/chap_04. pdf Highway Law Sect. 189 "All larids which shall have been used by the public as a highway for a period pf ten years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and tl}e town [highway] superintendent shall open all such highways to the width of at least three rods, ("manual" pg 4-12) "The Legislature did not intend Section 189 to allow municipalities to deny property owners' just compensation nor due process while appropriating private property for.public use. The fifth and fourteenth amendnrtehts to the U.S. Constitution prohibit the government taking such actions, ("manual" pg 4-12) "In the opinion of the Attorney General, if the prescriptive use of the road has been limited to a Width of less than three rods, the municipality may not widen the road without either the consent of the abutting owners or by following due process and compensating the owners, ("manual" pg 4-13) {1962,1995 and 1999 opinions of A G.} t \ (H) www.geocities.com/asap^ny/Roads. html 08/23/2002 Thanks to Joel Gagnon of the Danby Town Board for submitting the excellent article below. Of Trees and Roads Last winter's mild weather saw many of the area highway departments keeping busy doing "roadside maintenance". Widespread tree cutting caused considerable concern among those more interested in aesthetics than traffic hazards. For those of us in government, both highway officials and town board members, the lack of clarity regarding the rights and responsibilities of property owners and the towns seemed like an obvious place to shed some light. Thanks to the efforts of the Roads Committee of Advocates for Sensible Area Planning, we were pointed in the direction of Darrell Harp, former Chief Counsel for the New York State Department of Transportation. Mr. Harp has literally written the book on the subject (2 of them actually: "Reducing Liability for Local Highway Officials" and "Powers and Duties of Local Highway Officials"). He teaches seminars on the legal issues surrounding road rights of way, and was in the area in April. We were fortunate to be able to consult with him and presented him with a formidable list of questions to respond to. What we learned came as a surprise to me, and probably to most of those gathered. First and foremost, perhaps, we were told that the rights of way on user roads (roads that came into being simply by virtue of having been used as such, where the land was never purchased by the municipality or given to it as a part of a development deal), which includes most of the rural roads in the townships, is not of any fixed width, despite what is written in law about 3-rod roads (49.5 feet). The courts have generally ruled that the ROW is limited to what the public has actually used and acquired, essentially by adverse possession. That can be more or less than 49.5 feet and includes shoulders and ditches to the outside edge of the ditch if one exists. To become part of the public's ROW, usage and maintenance both need to have been continuous for a period of 10 years. Obviously, where trees are older than 10 years the area around them has not been used for at least 10 years, casting doubt on whether it is part of the ROW. Complicating things somewhat, the courts have also ruled that once the public has acquired its ROW it cannot subsequently lose it due to infrequent maintenance. To remove a tree older than 10 years, though, a highway superintendent would have to be able to prove to the satisfaction of a judge that for some 10 year period prior to the existence of the tree a ROW was established in the area in which the tree is now found. The older the tree, the harder it Is to satisfy this requirement. Courts tend to presume that if a tree is more than 10 , ^ years old, it is outside of the established ROW. A property owner who challenges a tree removal and wins in court is entitled to 3 times the replacement cost of the tree. Moreover, a property owner has no obligation to protect the public from treefalL Under the law, highway superintendents have an obligation to identify and mitigate traffic hazards. These can include trees, even if they are not in the ROW. How is s/he to remove a hazard if it is not in the ROW? There are essentially 3 options. With the permission of the property owner, the tree(s) may be removed. Failing that, a legal proceeding called a de minimus taking can be used to acquire the right to remoye the tree(s). Mr. Harp's suggestion is the adoption of a local law or ordinance regulating the placement and removal of roadside objects, something municipalities can do under municipal home rule in the interest of protecting the health and welfare of the public. The Town of Danby recently considered doing this, but the sense of the public meeting where the matter was discussed was that property owners would prefer not to give up their rights. Instead, the preference was for a policy that would clarify the procedure that would be followed by the highway department. Such a policy would only be as good as the Highway Superintendent's commitment to it, so it could be an issue when it comes time to elect a new highway superintendent. Joel Gagnon, Danby Town Board member Agenda Item No. 8 ^ TOWN CLERKS 2005 ANNUAL REPORT for FebruaryJS, 2006 Town Board Meeting Records Management Prelects During the first half of 2005 the Town Clerks office completed the $10,548.00 New York State records management grant begun in July of 2004. Money was awarded to purchase open shelving and create a filing system for 4,000+ court case files. The shelving was installed in the archival records storage room, case files were physically arranged, and permission from the State Office of Court Administration was given for the disposal of eligible records. Deputy Town Clerk John Coakley did the work of the project, completing it by writing a Justice Court Records Management Manual and training the Court Clerks in maintaining the system. In December 2004 the Town Clerks Office, in conjunction with Youth and Recreation Coordinator Mamie Kirchgessner submitted a New York State records management grant application to hire a local history program coordinator and student researchers to research the Town's history. The grant was awarded in the amount of $8,607. Under the supervision of the program coordinator David George, students are extracting information from the Town's historic records and will be making it available to the public in the form of brochures, lobby displays, a web page, and inclusion in the Town's newsletter. We will be holding an open house in the spring of 2006. A 2006/2007 grant application requesting $10,449 to utilize Town of Ithaca records in the development of educational exercises for use in elementary, middle, and high school curricula was submitted in December of 2005. Funding awards will be announced in late June or early July of 2006. John Coakley has been working on completion of a filing system for the Town's building and zoning maps. Prior to a 2003/2004 grant application, 20,000+ pages of Town maps and drawings were piled on shelves. Throughout the course of the project map storage boxes have been purchased in installed in the records storage rooms. Maps have been rolled and indexed in the Town's map database. The final leg of the project has been pulling folded maps from old building permit files, rolling them, indexing their storage locations, and filing them in the map storage boxes. Carrie Whitmore finalized the work begun in 2003 to create and index a filing system for all of the Town's deeds and easements. The Town Clerks office hosted a workshop for Tompkins County Town Clerks in the use of access databases in helping to index and create finding aides for municipal records. The Village of Cayuga Heights has since implemented the system used at Town Hall 1 and the Clerks Office has provided support and assistance to the Village Clerk. The Town Clerks office continues to regularly maintain filing systems and indexes so that records are properly stored and accessible when needed. Records Management Policy Tee-Ann Hunter and Lisa Carrier-Titti worked on updating the Town's Records Management Policy. Completion of that project awaits a Board decision regarding committee structure. License Sales and Permits The State of New York passed legislation in 2005 tying dog license renewal dates to the expiration of rabies vaccinations. A component of that legislation allows Towns to pass a resolution allowing Clerks to issue a license for up to three years. The Town did not issue any Bingo or Games of Chance Licenses during 2005. This is mainly a result of the Ithaca Veterans Volunteer Firemen Association no longer hosting Wednesday night bingo. The Town Clerks Office issued 132 marriage licenses in 2005. All licenses resulting in a marriage were recorded in the Clerks Office and fonA/arded on to the State of New York's Department of Health for filing with the State. Elections The Town Clerks Office coordinated, for the last time, the designation of polling places, maintenance of machines and their delivery to the polls. All Town owned voting machines were tumed over to Tompkins County following the November election and are in storage at the old library. The Town Clerk has identified the last three years of election records as historical and has been working with Tompkins County to provide them with any needed information. Minutes The Town Clerks Office continues to attend meetings and transcribe minutes for the Town Board, Planning Board, and Zoning Board of Appeals. Abbreviated Town Board and Planning Board minutes, including all resolutions, are formatted for posting to the website and given to the Network Specialist. Tax Forms With the help of Maurice Hinchey's office the Town of Ithaca is able to continue serving as a distribution center for income tax forms. 01/13/2006 11:38:22 TOWN OF ITHACA ATTACHEMENT #4 TOWN CLERK'S 2005 ANNUAL REPORT ECEIPTS 35 MISC. COPIES 228.05 13 ZONING ORDINANCE 170.56 1 SUBDIVISION REGULATIONS 3.00 38 TAX SEARCH 240.00 4 RETURNED CHECK - CLERK 20.00 1 COMPREHENSIVE PLAN 12.00 4 RETURNED CHECK- W«S:S 20.00 2 ZONING MAP 2.00 12 USE OF PARKS & BLDG 745.00 1 PARK OPEN SPACE EXEC SUM 5.30 52 MARRIAGE TRANSCRIPT 760.00 132 MARRIAGE LICENSES 5,200.00 1 COPY OF TAX BILL 0.80 2 SPCA CONTRACT 110.00 8 SPCA IMPOUND FEES 310.00 233 BUILDING PERMIT 105,030.80 21 BUILDING PERMIT EXTENSIN 1,572.50 1 FOUNDATION PERMITS 175.00 ^ 10 CERTIFICATE OF OCCUPANCY 912.50 I .FIRE SAFETY INSPECTIONS 3,722.50 4 SIGN PERMITS 330.10 39 r ZONING BOARD MTG 3,800.00 20 TEMP CERTIFICATE OCCUP 10,510.00 16 OPERATING PERMIT 8,050.00 2 ZBA AREA & USE VARIANCE 200.00 1 ZBA SPECIAL APPROVALS 100.00 5 SUBDV. REV. INITIAL APL.648.00 5 SUBDV. REV. PRELIM. PLAT 4,020.00 12 SUBDV. REV. FINAL PLAT 1,580.00 11 SITE PLAN INIT. APL. FEE 1,100.00 5 SITE PLAN PRELIM. PLAN 7,250.00 18 SITE PLAN FINAL PLAN 8,280.00 3 ADD. MTG. FEE AGENDA PRO 110.00 4 ASS. MTG. FEE P.H. PROCE 200.00 2 REZONING/ZONING AMEND 350.00 3 SPECIAL PERMITS 300.00 1 FILL PERMIT 100.00 970 DOG LICENSES 8,763.50 TOTAL RECEIPTS:$174,931.61 J^SBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 12,083.01 PAID TO SUPERVISOR FOR PART TOWN FUND 158,341.40 PAID TO COUNTY TREASURER FOR DOG LICENSES 1,360.20 PAID TO AG & MARKETS FOR DOG LICENSES 222.00 PAID TO NYS HEALTH DEFT FOR MARRIAGE LICENSES 2,925.00 TOTAL DISBURSEMENTS:$174,931.61 TEE-ANN HUNTER, TOWN CLERK JANUARY 13, 2006 ( / n / ^ TOWN OF ITHACA 215 NORTH TIOGA STREET. ITHACA, N.Y. 14850 WWW. town. ithaca. ny. us TOWN CLERK'S OFFICE PHONE (607)273-1721 FAX (607)273-5854 MEMORANDUM DATE: February 6, 2006 TO: Town Board FROM: Tee-Ann Hunter RE: 2006 WORK PLAN The Town Clerks Office will continue their daiiy administrative duties as foliows: Open Town Hall Reconcile Town's daily cash receipts and make bank deposits Answer Town Clerk phone calls and provide backup for Planning, Zoning, Engineering and other staff Provide Counter Service including backup for the PEZ area Collect Water Bills Collect Tax Bills Respond to requests for public information Sort mail and receive deliveries Issue Licenses and Handicapped Parking Permits Coordinate Bids to include distribution of materials, preparation of bid sheets, and attendance at bid openings Prepare and submit monthly reports to State and County agencies Maintain conference room schedule Train and supervise student interns Set up board room for board meetings and court Maintain agenda for upcoming Town Board Meetings Prepare, copy, collate, and distribute materials for Town Board meetings Attend Town Board, Planning Board, and Zoning Board of Appeals meetings and prepare minutes and file adopted resolutions Post and publish legal notices File local laws with New York State Department of State Forward adopted local laws to General Code for inclusion into the Town Code Maintain all Town Hall Code books with updates Maintain Board and Committee List As custodian of all Town records, receive for filing all contracts, agreements, v memoranda of understanding, deeds, easements, and certain correspondence n ^ Maintain records management database File documents with the County Clerk Close Town Hall Dog Enumeration The Town Clerks office has collected information regarding conducting a dog enumeration and is prepared to coordinate this activity at the direction of the Town Board. Records Management Policy The Town Clerk, Network Specialist, and Records Management Advisory Board will work together in completing the revisions to the Records Management Policy. Grant Administration We will continue to administer and oversee the grant funded 2005/2006 history project. We will identify project and submit application for 2007/2008 State records management grant funding. Historic Properties Survey John Coakley will be working with the Planning Department to create a database in which to input information collected from a survey of historic properties in the Town of Ithaca, recently completed by Cornell University. The data will be formatted for use in the Town's GIS system, and the database will provide valuable information to PEZ staff in reviewing applications. I TOWN OF ITHACA Public Works Department 2005 Annual Report In the summer of 2005, the Public Works Department took on a really big challenge, but it proved to work out well and we got lots of work accomplished this year. At one point this summer, the Public Works Department had 41 people working here. Of course, 28 of them are our regular workers, but the rest were summer workers, mostly high school aged teens who worked 6 to 8 weeks during school summer recess; temporary workers, who usually worked up to 25 weeks; and a couple of different youth program workers, school aged teens working through various employment programs in Tompkins County. Along with that challenge, the rising fuel costs and icy winter weather required us to watch our budget line items carefully. Although both the fuel line items and the salt line item were over budget, the total DB budget faired well. Although our new hire in March decided to take other employment, we did add to the family—^welcome Erin TenKate (daughter of Rich TenKate, Working Supervisor) and Cole Brown (son of Toby Brown). Due to all the development in the Town, we accepted (and inspected before accepting), Helen's Way, Old Gorge Road, Alison Drive, Larisa Lane, and extended portions of Southwoods Drive and Chase Lane. The total miles of road the Town now maintains is 49.33, up .66 miles from 48.67 in 2004. Work accomplished this year included: Roads: Along with regular maintenance on the roads, we paved Seven Mile Drive and Salem Drive. Drainage on Seven Mile Drive was worked on in conjimction with the paving project to alleviate a flooding condition that existed at the trailer park. Other paving projects included cold mix paving on Updike Road, Burns Way, and Sky-vue Road. We surface treated approximately 5 miles of road on Stone Quarry Road, Winston Court, elm Street, Ext., and Deerfield Place. Regular maintenance includes cutting brush and trimming trees along roadsides, roadside mowing, cleaning ditches, patching roads, and snow and ice removal in the winter. ^ A project that included working in the Village of Cayuga Heights and the Village of Lansing to improve the storm water management in the Uptown Road, ^ Burleigh Drive area was completed this year. This was due to backyards of Public Works Annual Report Page 2 houses on Lexington Drive flooding in high water situations. Other intermunicipal cooperation projects included shoulder work in the Towns of Caroline, Enfield, Ulysses, and Lansing. We helped the Village of Cayuga ^ Heights install storm water erosion protection for a critical sewer main. We were able to utilize trucking and other joint equipment needs provided by our neighboring municipalities. Parks: We continued work on constructing Tutelo Park. This year we erected the comfort station, paved the parking lot, wood chipped the path, and laid out the spot for the pavilion. We also continued work on the William and Hannah Pew Trail. The major part of this project this year was clearing the trail site and installing the base gravels and drains pipes. The section of the East Ithaca Recreation Way between Honness Lane and Maple Avenue was resurfaced this year using cold mix paving. The Town conducted a survey of the community on Woolf Lane to see what type of park they would like to see put in on Woolf Lane. Mostly, residents would like to have it kept as close to natural as possibly with a few park benches and tables. And as always, regular mowing and site checks were performed weekly on the parks and trail sites. Water: Again this year, the Town utilized the summer workers to paint fire hydrants within the Town of Ithaca. There were 29 water main break repairs in 2005, up 3 from the 26 water main breaks repaired in 2004. Other water line / maintenance was conducted, including confined space entry in water meter pits and pressure reducing valve pits. We worked on valve box repair and fire hydrants maintenance. The Engineering Technicians also conducted water line installation inspections at Southwood development and the Overlook development. The Town's forces also inspected the new transmission line being installed on East Hill and the beginning of the work on 3 million gallon water tank for S.C.L.I.W.C. Town also assisted with design and material purchase for water main extension on Kings Way to improve pressure on Danby Road south of King Road and to allow adequate pressure for the new Larisa Lane subdivision. Sewer: Towards the end of the year, we worked more on sewer maintenance than in the beginning of the year—^mostly working on repairing leaky manholes, flushing lines, etc. This type of work lends itself to the off-season. There were several sewer blockages, which required emergency work by the Town's crews. The sewer line installation inspections at Southwood development, the Overlook development, and Larisa Lane continued this year. We continue to mark out sewer lines for Dig Safely New York regarding projects that may conflict with the Town's sewer lines. Sewer pump station inspections and maintenance continued on our weekly schedule to assure proper operation. ^ f • \ V f > Public Works Annual Report Page 3 Buildings (Town Hall, Public Works Facility, and all other outbuildings the Town owms): Repairs and renovations at Town Hall continued in 2005. Mostly repairs occurred at the Public Works Facility. Inspections of the fire alarms, sprinkler alarms, etc. are conducted quarterly. To help facilitate the ease of all the above work and more, the Public Works Department purchased a trailer (to put parts and equipment needed for repairs to water lines), a larger truck (single axle) to haul the various trailers, a new pickup, a Grasshopper zero turning radius mower for mowing parks etc., a new replacement truck for the working supervisors to use (utility truck), a replacement utility van for the Buildings and Groimds Maintenance Worker, and a jeep for the Highway Superintendent. The Highway Superintendent's old truck was kept for the Engineering Technicians to use for marking out DSNY's, inspections, responding to resident concerns, etc. 2005 Work Hours for HighwayBr. & Weeds6%Perm. Impv.2%Sewer5%Parksnow RemovalWaterMachineGeneral Repairs26%Water Admin.2%Sewer Admin.1%Town Hall2%Fringe Benefits ^Public Works13% 3% >)2005 Hours Without FringesSewer—G6%Porks—AWoter-F TOWN OF ITHACA PLANNING DEPARTMENT ANNTTAT. REPORT FOR 2005 DEVELOPMENT REVIEW Planning Board Actions: A major portion of Planning Department time was spent in support of the activities of the Planning Board in the review of subdivisions, site plans, special permits, recommendations to the Town Board, and other planning activities. A "Summary of Town of Ithaca Planning Board Actions - 2005" is attached to this report. The Planning Board approved a total of 75 actions during 2005 (an increase from 67 actions in 2004), including a total of 16 subdivision approvals, 28 site plan approvals, 18 sketch plan reviews, 2 site plan modifications, 7 recommendations to the Town Board or Zoning Board of Appeals, .1 modification of Planning Board conditions, and 3 miscellaneous Planning Board actions. Pending residential development anticipated as a result of final approvals granted by the Planning Board in 2005 include 46 potential new residential building lots, including development of the Westview 3 3-Lot residential subdivision. Anticipated commercial development includes the 58-room Country Inn & Suites Hotel, located on the comer of Danby and West King Roads and including associated parking, lighting, and landscaping, ^ and the Rite Aid Pharmacy/Judd Falls Plaza redevelopment, located on the comer of Pine . Tree Road and Mitchell Street, and including removing the existing plaza and constructing approximately 45,464+/- square feet of retail, office, and other related commercial uses in several new buildings (beginning with a 14,564+/- square foot drive- thm Rite Aid). Finally, expected large additions to existing facilities include the additions to the west and south sides of the LaTourelle Inn, involving the constmction of a three-level, 19-room addition with new spa and exercise room (west side), and the constmction of a cafe, lounge, bar, storage room, and connection to the existing tower room (south side). Planning staff spent a considerable amount of time reviewing sketch plans and preliminary plans for future residential and institutional developments. These potential new developments, pending approvals in 2006 or beyond, include the Conifer Village Senior Living Community on Conifer Drive (off Mecklenburg Road), consisting of a 72- unit independent living senior rental project and potential future residential subdivision; the Wedemeyer Equestrian Center on Trumansburg Road, consisting of pastures, trails, paddocks, a hunter-jumper exterior arena, hay storage, machinery bam, a residence for the owners of the center, and three multi-family units; and the Comell Office Building on Pine Tree Road, consisting of demolition of several bams and abandoned buildings and replacement with a 60,000+/- square foot office building and parking lot for Comell University. On South Hill, planning staff reviewed plans for the Heritage Park Townhomes on Troy and East King Roads, consisting of 14 single-family dwellings in two five-unit buildings and one four-unit building on a 6.4+/- acre parcel; the Namgyal ^ Monastery on Danby Road, including the proposed constmction of multiple buildings for monks quarters, housing, common rooms, and shrine; the proposed Troy Heights 56-lot f residential subdivision on Troy Road, and the proposed Ithaca College School of Business, located on the Ithaca College campus, that includes the construction of an environmentally friendly (LEEDS compliant) 42,000+/- square foot building for the School of Business classrooms, conference rooms, faculty offices, etc. Significant Planning staff time was also spent on the following development review activities: Plan Compliance and Inspections: The Planning, Engineering, and Highway Departments continued to work together to coordinate development inspections and compliance issues. PEZ meetings were held regularly to coordinate development review follow-ups. Town Board SEOR Reviews: Staff prepared 5 SEQR reviews in 2005 for local laws and other Town Board actions (e.g., amendments to the Zoning Code regarding environmental quality review, telecommunications facilities, and agricultural uses, amendment to Chamber of Commerce Planned Development Zone, establishment of new Planned Development Zone for South Hill Business Campus). Biiildinp and Znninp Reorganization: The Planning Department provided regular staff support to the Zoning Board of Appeals during 2005. Staff regularly attended Zoning Board meetings and coordinated and prepared the State Environmental Quality Review (SEQR) analyses for the Board to consider. The Planning Department staff prepared 34 SEQR (State Environmental Quality Review Act) reviews for the Zoning Board of Appeals in 2005, including Environmental Assessment Forms and staff recommendations on environmental impact for the Zoning Board of Appeals on area and use variances and special approvals. Andrew Frost, Director of the Building and Zoning Department, retired from the town in late October and the Planning Department took over the Zoning administration and Zoning Board of Appeals functions. This was the result of recommendations from the Building & Zoning Committee, which met a number of times to consider options for re-organizing the Building & Zoning Department. As a result of Andy's retirement and the reorganization of the Planning and Zoning Departments, planning staff now coordinates all aspects of the review of Zoning Board of Appeals cases (not simply the SEQR review), with the cooperation and support of the remaining Code Enforcement staff. The Engineering Department took over the building permit and code enforcement functions. The "Building and Zoning Department 2005 Year End Report" includes a summary of all 2005 Zoning Board of Appeals actions. The Zoning Board heard a total of 46 appeals and granted 41 (five appeals were adjournments). The majority of the appeals were for area variances, which included mainly front, side, and rear yard setback variances and height variances (five for single-family homes). Additionally, there were four special approvals, two interpretations, two use variances (both to allow the continuation of antique sales in a residential zone), and five "other" variances (three sprinkler variances and two sign variances). As the **Zoning Board of Appeals Activity Summary" notes, the r \ I > 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 ENGINEERING MEMORANDUM FROM: Dan Walker, Director of Engineering TO: Town Board DATE: February 8,2006 RE: Engineering Department Priorities for 2006 Construction Activities 1. Pew Trail 2. East Hill Tank and Water Main (SCLIWC) Water System 1. Complete Digital mapping and inventory data base for Distribution system 2. Trumansburg Road Tank improvements 3. Update Capital improvement Plan a. Trumansburg Road Water main 4. Hanshaw Road Water main replacement 5. Complete SCADA control upgrade for Distribution system Sewer System 1. Complete Digital mapping and inventory data base for Collection system 2. Complete Capital Plan for Interceptor Sewers (with City of Ithaca) 3. Complete l&I evaluation for South Hill and East Hill 4. Complete Plans for Lake Street/Remington Road sewer diversion Stormwater Management 1. Complete Northeast Watershed Model 2. Bring Storm water management Plan into compliance 3. Storm water management policy development Administration 1. Update Benefit district assessment process with Arc View Database C:\Budget & Engineering Reports\2006 Engineering Priorities.doc DWalkerAD Page 1 2/8/2006 Town Engineer's Annual Report for 2005 GENERAL Staff The Town Engineering Department staff in 2005 included three full time positions in town hall including, Dan Walker; Director of Engineering and Town Engineer, Creig Hebdon; Assistant Town Engineer, and Kathryn Prybylski; Civil Engineer. The Town Engineer provides technical supervision to three staff positions located at the Public Works Facility including, Wayne Sincebaugh; Water and Sewer Maintenance Supervisor, Craig Ballard; Senior Engineering Technician, and Joseph Slater; Engineering Technician. The Engineering Department also had several student intems working part time in the Town Hall from Comell University. The Town Clerk's staff provided clerical support and contract administration assistance to the department. In December 2005 Kathiyn Prybylski resigned her position as civil engineer to continue her career with an engineering firm in the Boston area. We accepted her resignation, but were very sony to see her leave, as she has been a real asset to the Town. The position has been advertised and interviews of candidates will be held as soon as the results of the Januaiy civil service exam are available. Town Hall Facility Management I ^ Joseph Hulbert, Maintenance Worker, coordinates repairs and maintenance on the Town Hall facility. Rich Schoch, Parks Manager, over sees town hall plantings and public works staff does regular maintenance and snow removal work on the site. Exterior maintenance at Town Hall included sealing and stripping of the parking lot and new plantings on the Tioga Street side of the building. Interior Improvements included the new Town Board rail system which was built and installed by Joe and his crew. Records Management Engineering staff maintains the record maps of the Town's water and sewer systems and updates the electronic GIS data as changes and improvements occur. The Engineering Staff works with the Town Clerk and the Planning and Zoning staffs to maintain the storage system for original paper maps. The map database was developed and is maintained by the staff using Microsoft Access and allows information to be retrieved using a number of different search criteria. t A TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 2 , ^ Park and Open Space The Engineering staff coordinated with the Public Works Department and Planning Department on the Hanna Pew Trail project. Land acquisition and easements were finalized and construction work started with clearing during the winter and construction of the parking area on Snyder Hill Road. The gravel sub base and crushed stone base of the trail from the parking lot to Eastem Heights was completed along with drainage improvements. The Tutalo park design approved for construction and the earthwork was completed for the ball field, which meets little league design standards. The utility work and comfort station building were also built. Tompkins County Emergency Management Planning Committee The Town Engineer has continued to meet with the Tompkins County Emergency Management Planning Committee, which completed the Tompkins County Comprehensive Emergency Management Plan. The plan was developed with guidelines from the Federal Emergency Management Agency and^ includes provisions for coordination of response and recovery efforts to deal with major natural and man made emergencies or disasters. The plan provides guidance for preparedness, response and ^ ^ recovery policy and procedures. ' ^ The committee meets monthly and includes representatives from County and Municipal Agencies, including the Ithaca Fire Department, TC Health Department, Cayuga Medical Center, Public Works Agencies and the American Red Cross. The Tompkins County Fire and EMS Service provide coordination. Town of Ithaca Emergency Management and Fire Protection The Town Engineering department is working with other Town staff in the process of updating the Town emergency response plan The Town of Ithaca has participated in training programs for Emergency Responsiveness in cooperation with SEMO, the County and the Ithaca Fire Department. r s C:\reports\Town Engineers Annual Report for2005.doc f \ r ^ ! ' TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 3 DEVELOPMENT REVIEW ECOVILLAGE The second resident group (SONG) site work was completed during the year with the completion of the final resident unit. Construction has started on the Common House for this cluster. Sediment and erosion control practices were monitored for this phase of construction. CORNELL UNIVERSITY PRECINCT NINE ATHLETIC FIELD Monitoring of sediment and erosion control measures was completed when permanent vegetation was established during the summer. CORNELL UNIVERSITY PRECINCT EIGHT ATHLETIC FIELD Construction of the fields has continued through the year with placement of imported fill and grading of the athletic fields. The Town Engineering staff has been inspecting the site periodically to ensure compliance with the approved site plan and sediment and erosion control measures. The water - supply and field house construction was completed. > SOUTHWOODS SUBDIVISION n Construction of phase II improvements is substantially complete. The developer is working on final stabilization and restoration of the road cuts and drainage system. The Town is working with the developer to complete aspects of the stormwater management system, which protects properties down stream of the development. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. The Town Engineering staff has been monitoring storm water management and sediment and erosion control measures during construction. LINDERMAN CREEK PHASE THREE Linderman Creek Phase Three was completed. The emergency access was abandoned and the final landscaping work was done. CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices for site work related to the West addition and site improvements. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. The common driveway and utilities are in place and the area has being landscaped and stabilized. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the > entire site until all construction is completed on all lots in the subdivision. \ C:\reports\Town Engineers Annual Report for2005.doc TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 4 f \ ' A WESTVIEW SUBDIVISION Construction of Phase I of the roads and utilities has been substantially completed, and the Town Board has accepted that portion of the project. The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. OVERLOOK ON THE WEST HILL Site work for Phase 1 has been substantially completed, including both onsite and off site water and sewer improvements. Dedication of the portions to be owned by the Town was finalized. The Engineering staff is monitoring the site sediment and erosion control practices. EARTH FILL PERMITS ^ ( ^ Old Marshall Farm, Gravel Mine, Mecklenburg Rd. (Eddy) ' ^ The Earth fill permit for the removal of Gravel from a portion of the Old Marshall Farm on State Route 79 was issued on October 25,2002 after the Zoning board gave approval and pre permit conditions were addressed. No construction activity was started until November of 2003. Town staff has been inspecting sediment and erosion control measures. f s C:\reports\Town Engineers Annual Report for2005.doc f \ ' ^ TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 5 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 interns will be processed and developed into a stormwater model for the Town. Northeast Development of the drainage plan is continuing with an initial concentration of the Salem Drive area and the Hanshaw Road drainage system. A watershed analysis was completed and the report shared with the County and the Hanshaw Road Reconstruction consultant. Drainage improvements are being coordinated with the County plan for reconstruction of Hanshaw Road. The Town Public works department completed drainage improvements along the Town Line west of Uptown Road, which should alleviate drainage problems on Lexington Ave. properties. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which was formed to meet the needs of municipalities that must comply with the NYSDEC Phase II stormwater regulations. These municipalities are owners of municipal separate storm sewer systems (MS4s) and are required to meet the "minimum measures" of the law. Failure to comply with these regulations (e.g. failure to submit an annual report, failure to adopt required local laws, failure to enforce regulations) may result in fines (up to $37,500 per day). A second component of these regulations is a state-wide requirement for all land disturbance activities (such as construction) that exceed one-acre in size to apply for a stormwater permit. The Tompkins County Stormwater Working Group was established in October 2003 and is comprised of representatives from Tompkins County; City of Ithaca; Towns of Caroline, Dryden, Ithaca, Lansing, Newfield and Ulysses; and Villages of Cayuga Heights and Lansing. The New York State Department of Environmental Conservation (NYSDEC), New York State Department of Transportation, Tompkins County Soil and Water Conservation District (TCSWCD), Tompkins County Cooperative Extension (CCE), Cornell University, Ithaca City School District, BOCES, T.G. Miller, Cayuga Lake Watershed Intermunicipal Organization (10), and Cayuga Lake Watershed Network (Network) also participate in and contribute to the group. The purpose of the SWG is to facilitate cooperation among the municipalities in their efforts to comply with the Phase II Stormwater Regulations and thus maximize resources and save money. The SWG meets on a monthly basis with meeting facilitation and minute recording shared among participants. C:\reports\Town Engineers Annual Report for2005.doc TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 6 Past participation in the SWG was free and voluntary. No formal agreement exists to be a member; however, starting in 2006, a municipality must sign an intermunicipal agreement and pay an annual fee to be a member and receive benefits of the SWG. The SWG is proposing that the MS4 municipalities (County, City, 6 Towns, and 2 Villages) would each pay a membership fee of $1500. The Town Engineer has recommended that this fee be included in the 2006 Town Budget and is working with the SWG along with the assistant Director of Plarming to develop the memo of understanding of participation in the SWG which will be brought to the Town Board for approval before the end of the year. WATER PROJECTS Integrated Water System The proposal to integrate the Bolton Point water system, the City of Ithaca Water system and the Cornell University into a single commission to operate all three water plants is no longer imder consideration. The engineering study that was completed as part of the proposal has provided an ^ excellent source of information that the Town and SCLIWC are using to develop plans for system \ 1 improvements that will improve service and provide additional reliability and security for the Town ^ water system. The Town, as a member of SCLIWC, continues to work cooperatively with the City of Ithaca and Comell University to provide emergency back up water supplies. SCLIWC Office Addition Construction of the Bolton Point addition was finally completed. Water SCADA System The Town Engineering staff has been working with Bolton Point staff to complete the second phase of the wireless Supervisory Control And Data Acquisition (SCADA) system to improve operation of the SCLIWC water system, which includes the Town of Ithaca water system. Bolton Point staff has completed substantial work on programming the system and most of the West Hill facilities have been connected. East Hill Transmission Main and Storage Tank LRS Excavating, a sub contractor to Natgun Corp, has started site clearing and excavation for the Three Million Water Storage Tank. The project is a SCLIWC funded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services witi^ reimbursement from the Commission. f » C:\reports\Town Engineers Annual Report for2005.doc / \ ! \ ^ TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 7 Trumansburg Road Water Tank On August the Trumansburg Road water tank was emptied to allow inspection of the tank interior. The inspection showed that the tank is in good condition other than a failure of the coating. 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. South Hill Transmission Main Construction of the Transmission main is complete and is operational. Emergency Power Supply The installation of the transfer switchgear and generator connections at the Pearsall Place, Coddington Road, Troy Road, Coy Glen Road, Oakwood Lane and Christopher Lane pump stations is complete. The Town staff have set up a schedule of test running the portable generators at each site. Kings Way Water Improvement ^ Construction was completed and accepted by the Town. ' \ Water System Mapping and Model The Engineering staff, including student interns, has continued to update the electronic database for the water system. This information will be used to update the Town-wide water system hydraulic model, and will be used to provide information to locate water mains in the field. These tools are important for effective maintenance of the water system. SEWER PROJECTS Intermunicipal Sewer System Construction of the Klein Road sewer diversion project was completed. Ithaca Area Waste Water Treatment Facility Phosphorus Removal Improvements Construction of the Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility continued throughout the year with substantial completion and start up scheduled for early 2006. Sanitary Sewer I & I Control Program The Town Engineer submitted a status report on the town's Infiltration and Inflow control program to the SJS to be included in the annual report to NYSDEC. ^ Danby Road Sewer Extension to Schickel Road ' ^ C:\reports\Town Engineers Annual Report for2005.doc ( \TOWN ENGINEERS 2005 ANNUAL REPORT PAGE 8 ^ ^ The sewer main was accepted by the Town Board at the September meeting. lAWWTF Phosphorus Removal Project Installation of the process equipment is continuing with substantial completion expected in November. Joint Interceptor Sewer Projects The First Street Interceptor construction is proceeding with City of Ithaca forces doing the work. Town Staff is monitoring the construction process, which has been proceeding smoothly. f \ t y ( \ C:\reports\Town Engineers Annual Report for2005.doc / \ 2006 PUBLIC WORKS DEPARTMENT PRIORITIES Building Maintenance: 1. Preventative maintenance on all Town buildings 2. Small projects to improve facilities Storm Water Management: 1. Ridgecrest Road storm drainage proj ect Water Maintenance: 1. Bring PRV pit above ground on East King Road 2. Install fencing aroimd Hungerford Hill Tank (there is a 30 foot ladder to climb to top of tank where there are GPS antennas and wires running up the ladder to operate telemetry. 3. Preventative maintenance: repair valves and hydrants 4. Emergency water main repairs 5. Finish landscaping for projects and follow-up care on recently installed plantings 6. Lawn repairs for water main breaks 7. Pave Danby Road Tank driveway 8. Replacement plantings at Ecovillage Tank Sewer Maintenance: ^ 1. Preventative maintenance 2. Weekly pump station inspections 3. Emergency repairs Vehicle and Equipment Maintenance: 1. Develop and implement more effective preventative maintenance plan Parks and Trails: 1. Finish construction of Tutelo Park: establish ball field (ready for use in fall of 2006); install skinned areas, baselines, and warning track; install fence; instedl team benches in dugouts; install bleachers; construct pavilion; pave walkways; finish interior work in comfort station; install plantings; and install picnic tables, cook grills and benches; install signage. 2. Finish construction of William and Hannah Pew Trail: clear and grub trail section by Ewing/Ngate easements to Tudor Park, install remaining drainage work, finish installing rest of trail base, and seed disturbed areas. Also, Eagle Scout project at parking lot. 3. Install Shirley Raffensberger memorial gazebo along Pew Trail. 4. Repair Tareyton Drive entrance to Tareyton Park. 5. Maintain and repair play structures: develop priority plan to replace several of the oldest ones. 6. Regular grounds maintenance program at all park, trail and Town infrastructure facilities. 7. Summer youth employment program. i'^\ Highway: ( \ 1. Re-pave Christopher Lane (includes: repair road base as necessary, tree trimming, r ditching, replacing culvert pipes, and re-install shoulders). 2. Re-pave Muriel Street (includes: repair road base as necessary, straighten out and armor flood-prone stream crossing, tree trimming, ditching, replacing culvert pipes, re-install shoulders, and striping). 3. Re-pave Briarwood Drive (includes: repair road base as necessary, ditching, and re-install shoulders) 4. Preventative maintenance on all Town roadways (hot patching, ditching, install under drains where needed, driveway culvert installations, surface treatment, striping, paint crosswalks, etc.) (on-going tasks) 5. Winter maintenance on all Town roads and walkways 6. Traffic counts Yard Waste Collections: 1. Spring brush and leaf pickup 2. Fall brush and leaf pickup 3. Christmas Tree pickup 4. Composting 5. Tub grinding (1 day per year) 6. Maintain mulch piles 7. Topsoil and compost processing / ) Rights-of-Wav Maintenance Program: , 1. Roadside, T-main, and easements mowing Engineering Technicians Support: 1. Surveying and lay-out 2. Design 3. On-site technical support to crews 4. As-built drawings 5. Inspections 6. Sign program 7. GPS locating of various infrastructure components, e.g. culverts, catch basins, valves, hydrants, etc. Computer-related Support: 1. Increase training on I-Helper software for work orders and database Submitted by: Fred Noteboom, Highway Superintendent 1/30/06 \ >2001Y2002200320042005}'■■YOT 2001OT 2002 OT 2003OT 2004 0"^5Water" 7%5%6%11%9%- . ..4r11%11%15%17%)Town Hall1%2%2%3%2%Town Hall1%4%2%2%2%Pubic Works4%7%3%3%Public Works2%1%0%0%General Repairs38%36%28%36%26%General Repairs6%6%1%2%3%Sewer5%3%4%4%5%Sewer3%3%4%2%3%Perm. Impv.17%19%12%8%2%Perm. Impv.8%3%1%2%1%Machinery5%6%7%6%6%Machinery1%1%1%1%1%Br & Weeds7%5%9%6%6%Br & Weeds2%0%1%0%0%Snow Removal4%6%9%7%8%Snow Removal55%61%65%65%70%Water Admin.1%2%2%2%2%Parks12%9%9%9%10%Sewer Admin.1%2%1%1%1%Parks14%10%13%13%17%Comparison of Regular Highway Work40%35%30%25%20%15%10%5%0%Hi1-11 iIIf .j»-rk (hnrrfl-1 rtfTn nJ"T ri "R — i□ 2001■ 2002□ 2003□ 2004□ 2005•a ^-9 5 a> «3 5 CO.cu < a; uOK§ §■£ Jea gI ^UD OiComparison of OT Highway WorkC/> CJmOT 2001■ OT 2002■ OT 2003□ OT 2004■ OT 2005 f • Revised draft of a proposed Stream Setback Law • Revised draft of a proposed Outdoor Lighting Law • Proposed Indian Creek & Lake Slopes Conservation Zone • Proposed Coy Glen Conservation Zone The Codes and Ordinances Committee has had several discussions regarding possible work plan priorities for 2006. A draft is attached to this report for the Town Board's information. TRANSPORTATION GOMMITTEE The Planning Department provided regular staff support to the Transportation Committee during 2005. Staff attended committee meetings and provided assistance in data collection and mapping, arid in the preparation of written materials. This past year was another busy and productive year for the Transportation Committee. The committee undertook several important initiatives and, with the support of planmng staff, the Town of Ithaca Transportation Committee made excellent progress toward the completion of ^ the Town Transportation Plan during 2005. After the Committee completed a statement N of the Plan's Goals and Objectives at the end of 2004, the Committee and planning staff f \ enlisted the help of a consultant to collect, organize, and analyze transportation data, and consequently completed the Inventory and Analysis Chapters of the Plan. The priority for 2006 is to complete the Plan and to begin implementation of its recommendations. Several specific accomplishments during 2005 related to the completion of the Inventory and Analyses Chapters are worthy of note: • Using the GIS capabilities of planning staff, the Transportation Committee drafted the fnst update to the Town's Official Highway Map in over thirty years. • In June, the second public meeting to present and discuss the progress of the Transportation elicited excellent feedback. • The Transportation Committee identified a series of hazardous intersections and road segments in the Town using data orgamzed by planning staff. • During the summer of 2005, the Committee and planning staff selected Fisher Associates (of Rochester, NY) out of a list of eligible consultant candidates to perform traffic counts and other analyses on the identified hazardous locations in order to identify potential mitigation measures. • Planning staff provided GIS support and policy input as the Transportation Committee reviewed the Interim Sidewalk Policy of 2003 for possible revisions. Specifically, planning staff worked with the Committee to categorize factors in favor of and against sidewalk provision and to apply the criteria to Town N locations. Planning staff employed the department's GIS capabilities to draft a , map displaying the identified locations. ^ s The Transportation Committee and planning staff eagerly anticipate another productive , ^ year during 2006. The main priorities of the Committee for 2006 are to complete the Recommendations and Implementation Chapter of the Plan, to hold a final series of public meetings and hearings, and to submit the fmal draft of the Plan to the Town Board for approval, tentatively during the early summer of2006. OTHER PLANNING DEPARTMENT PROJECTS AND ACTIVITIES Capital Proiects and Fiscal Planning Committee: The Committee met several times during 2005. The Committee prepared a five-year capital program, including a capital budget recommendation to the Town Board for the 2006 Budget. The capital improvement program includes recommended projects in categories of parks, trails and open space; transportation and highway; water; and sewer. Ithaca - Tomnkins Countv Transportation Coimcil (ITCTC): Planning staff attended regular meetings of the ITCTC Planning Committee and Policy. Committee and joint meetings of the Planning and Policy Committees. Projects initiated or completed in 2005 included Update of the Transportation Improvement Program (TIP), Park-and-Ride Study, including a survey of Cornell commuters and a follow-up survey of downtown commuters, and several TIP amendments. Jonathan Kanter served as Cheiir of the ITCTC Planning Committee in 2005, and was re-elected as Chair for 2006. Supervisor Valentino was re-elected as Vice-Chair of the Policy Committee for 2006. Cornell Universitv Transportation-focused Generic Environmental Impact Statement (t- GEIS"): Cornell University, in cooperation with the Town of Ithaca, initiated a large-scale study of CU transportation planning and potential impacts on area traffic flows, parking and related topics. Cornell has agreed to prepare a transportation-focused Generic Environmental Impact Statement (T-GEIS) Aat will identify and evaluate the transportation-related impacts of potential population growth at Comell, by evaluating several hypothetical growth scenarios, over the next decade. The university is working cooperatively with the Town of Ithaca Planning Board, the T-GEIS's "lead agency," other governmental agencies, including Tompkins County, City of Ithaca, Town of Dryden, Village of Cayuga Heights, New York State Department of Transportation, TCAT, Ithaca-Tompkins County Transportation Council, and others. Plans for this cooperative project were annoimced at the joint meeting of the Ithaca-Tompkins County Transportation Council on June 21, 2005. Since then, there have been numerous meetings of the t-GEIS Project Team, a Resource Committee of technical transportation officials and municipal representatives, initial meetings with neighborhood organizations, the Town Board and Planning Board. Much of the work in 2005 focused on project initiation and organization, followed by preparation of a draft Scope document outlining the content and format of the t-GEIS. Hflnshaw Road Reconstruction Project: Planning staff participated in a number of activities relating to the County's proposed Hanshaw Road reconstruction project, much of which focused on the issue of incorporating a walkway into the project. Staff attended / \ / ^ r ^ total number of appeals is consistent with previous years numbers. (Please refer to the / "Building and Zoning Department 2005 Year End Report" for more information. PARK, RECREATION AND OPEN SPACE PLAN IMPLEMENTATION Agricultural Land Preservation CPDR"^ Program: The A^cultural Land Preservation Advisory Committee did not meet in 2005, and no new applications for the PDR program were submitted. Planning staff conducted the annual inspection of the Ferguson property and found the property to be in compliance with the easement. Several landowners early in 2006 have expressed interest in pursuing agricultural conservation easements, and there will be a new round of grant applications through the NYS Department of Agriculture & Markets in April 2006. The Planning Department may request that the Agriculture Land Preservation Committee meet in February 2006 to discuss this and other aspects of the program. East Ithaca Recreation Wav (William and Hannah Pew BikewavV Town of Ithaca Public Works staff made significant progress on the construction of the trail in 2005 with most of the work concentrated on the section of trail between the parking lot on Snyder Hill Road and the water tank off Regency Lane. Trail construction is anticipated to continue through 2006. Two requests for reimbursements under the federd grant were submitted and received in 2005, primarily for construction costs. , Tntpr-miinicinal Trail Committee: Town representatives, including Will Burbank, Jon Kanter, Mike Smith, Nicole Tedesco and Rich Schoch, participated in meetings of the inter-municipal trail committee, which also includes representatives from the City of Ithaca, State, Ithaca-Tompkins County Transportation Council, and other interested groups. In addition to coordinating plans for the proposed trail connecting Buttermilk Falls State Park and the Black Diamond Trail to the South Hill Recreationway, using the abandoned railroad r-o-w on South Hill to the Emerson property, the function of the committee is to coordinate overall trail planning efforts, especially between the Town and City. CONSERVATION BOARD The Planning Department provided regular staff support to the Conservation Board during 2005. Staff coordinated and regularly attended Board meetings, organized field trips, and provided support to several Conservation Board (CB) committees, such as the Environmental Review Committee and the Stream Protection Committee. Notable activities in 2005 included: Membership: The Conservation Board is currently seeking a new member. Bamey Unsworth, a member since 1997, served out his final term in 2005. Bamey was an active member and served for several years as Chair and as a representative on the Tompkins County EMC. Bamey may be interested in a smaller role on the Board, possibly serving ^ as an Associate, when he retums to Ithaca in the spring. f s Richard R. Fischer Environmental Conservation Recognition Award: The Board presented its 2^^ annual award to Dan Hof&nan. The formal presentation took place at the Town Board meeting on June 13^, and a Tree Dedication Ceremony took place on October 26^ at Eastern Heights Park. The Board has sent out press releases and letters of interest in hopes of attracting attention and encouraging nominations for the 2006 Fischer award. Scenic Resources Committee: The Scenic Resource Committee continues to work on inventorying and analyzing the town's visual resources. The committee has collected a large number of photos, and is using a grid map of the town to ensure a systematic collection method that considers all parts of the town. The committee has also devoted considerable time to developing criteria for evaluating and ranking the scenic Views, and is in the process of using the criteria to rank the photos collected thus far. F.nvirnnmental Review Committee: The Environmental Review Committee (ERC) continued to provide useful comments to the Planning Board on various devdopment proposals in 2005. ERC members conducted numerous site visits and composed comments for Planning Board consideration on a wide range of projects. Other Special Projects: The Board continued to provide regular feedback on the revised drafts of the Stream Setback Law. This law, initiated by the Conservation Board, has ^ ^ been under consideration by the Codes and Ordinances Committee throughout much of ^ 2005. The Board resumed their evaluation of the Indian Creek Gorge and Lake Slopes Unique Natural Area, a project that had been inactive for a period of time. Several Board members attended a site visit of the area, and after several meetings of discussion, the Board adopted a resolution recommending establishment of a conservation zone with a proposal for a conservation zone boundary. CODES AND ORDINANCES COMMITTEE The Planning Department provided staff assistance to the Codes and Ordinances Committee in 2005. The following were completed by the Committee and adopted by the Town Board: • Zoning Code amendments regarding agricultural uses in certain zones - Adopted in Local Law No. 7,2005 • Revisions to Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review - Adopted in Local Law No. 3,2005 • Revisions to Section 270-219 of the Zoning Code regarding telecommunications facilities - Adopted in Local Law No. 5,2005 In addition, significant progress in 2005 was made on the following initiatives:r s f \ ^ Cornell Office Building, 391 Pine Tree Road; The Planning Board reviewed a Sketch Plan for the proposed Pine Tree Road Office Building project located to the east of 391 Pine Tree Road, Town of Ithaca Tax Parcel No. 63-1-3.4, Low Density Residential Zone. The proposal includes demolishing several existing bams and related abandoned buildings and constructing a new three story, +/- 60,000 square foot office building for Comell University. The project will also include new lighting, landscaping, walkways, stormwater facilities and approximately 240 parking spaces. Cornell University Parking Lot projects, various locations; The Plannmg Board considered a Sketch Plan for four proposed Comell University Parking Lot projects collectively in one Sketch Plan submission, including a contractor staging/parking area and three parking lots. The contractor staging/parking area is located on Palm Road (Tax Parcel No. 64-1-1, Planned Development Zone #9) and will be regraded to become a centralized area for long-term contractor use. The existing gravel Rice Hall parking lot located on Tower Road (Tax Parcel No. 67-1-13.2, Low Density Residential Zone) and the existing gravel Large Animal Research Testing Unit (LARTU) parking lot located on the comer of Tower and Campus Roads (Tax P^cel No. 63-1-2.2, Low Density Residential Zone) will be paved with new lifting, landscaping, and stormwater facilities installed. The Friedman Wrestling Facility parking lot will be located off Campus Road (Tax Parcel No. 67-1-13.2, Low Density Residential Zone) to the north of the wrestling facility and will be a paved lot for +/- 34 new parking spaces with new lighting, landscaping, and stormwater facilities. Drake 14-Lot Subdivision, Mecklenburg Road: The Planning Board considered a Revised Sketch Plan for the proposed 14-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 includes the constmction of a new cul-de-sac road off Mecklenburg Road for the development of 12 residential lots and one +/- 2-acre parcel reserved for open space. Approximately 62 acres of the original +/- 92.43-acre parcel will remain available for agriculture. An earlier sketch plan had been reviewed in 2004 proposing 29 new building lots under the old zoning. Friends Meetinghouse, Off Penny Lane and Slaterville Road: The Planning Board considered a Sketch Plan for the proposed Friends Meetinghouse located off the north end of Penny Lane, Town of Ithaca Tax Parcel No. 58-1-14.22, Conservation and Medium Density Residential Zones. The proposal includes the constmction of a +/- 7,000 square foot building to be used primarily as a place of worship and gathering. The plan also includes approximately 45 parking spaces, new landscaping and stormwater facilities, and an access road to Penny Lane. Heritage Park Townhouses, Troy Road and East King Road: The Planning Board reviewed a revised Sketch Plan for the proposed cluster subdivision located on the northeast comer of Troy Road and East King Road, Town of Ithaca Tax Parcel No. 49-1-26.3, Low Density Residential Zone. The proposal includes subdividing the +/- 6.4-acre parcel for 14 single-family dwellings along Troy Road in two five-unit buildings and one four-unit building. Ithaca College School of Business, Ithaca College Campus, Danby Road: The Planning Board , ^ considered a Sketch Plan for the proposed Ithaca College School of Business building located north of Job Hall 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 construction of a new +/- 42,000 square foot building for the School of Business tiiat will include new classrooms,-faculty offices, conference rooms, and an atrium along with approximately 26 parking spaces located on the lower level of the building. The project will also include new landscaping, walkways, lighting, and stormwater facilities. Longview Addition for Skilled/Adult Care, 1 Bella Vista Drive: The Planning Board reviewed a Sketch Plan for the proposed Skilled / Adult Care Addition at Longview, an Ithacare Community, located at 1 Bella Vista Drive, Town of Ithaca Tax Parcel No. 39-1-1.31, Planned Development Zone No. 7. The proposal involves the construction of a +7-24,000 square foot addition on the north side of the existing building to serve up to 30 additional residents. The proposal will also include approximately 16 new parking spaces and a new driveway. The Town Board referred the proposed amendment of Planned Development Zone No. 7 to the Planning Board for a recommendation. v-. Namgyal Monastery, Danby Road: The Planning Board considered a Sketch Plan for the proposed Namgyal Monastery development located on the east side of Danby Road (NYS Route 96B) across from Sesame Street, Town of Ithaca Tax Parcel No. 43-2-10, Medium Density Residential Zone. The proposal includes the construction of multiple buildings (shrine, common rooms, housing, monk's quarters, etc.) on the property totaling approximately 13,000 square feet, ^ to house the local Namgyal Monastery branch in Ithaca. The plans also include parking for up to 66 vehicles, seasonal cabins and bathhouse, a maintenance building, and stormwater facilities. ^ Rite Aid & Judd Falls Plaza Redevelopment, 322-350 Pine Tree Road: The Planning Board reviewed a Sketch Plan for the proposed 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 to construct approximately 45,464 square feet of retail, office and other related commercial uses in several new buildings, including a +/- 14,564 square foot Rite Aid Pharmacy store in the first phase of development. The project will also include new stormwater facilities, parking, landscaping, and lighting. Rite Aid & Redevelopment of Judd Falls Plaza, 322-250 Pine Tree Road: The Planning Board considered a Revised Sketch Plan for the proposed 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. Scholl 2-Lot Subdivision, between 668 and 674 Coddington Road: The Planning Board reviewed a Sketch Plan for the proposed 2-lot subdivision located between 668 and 674 Coddington Road, Town of Ithaca Tax Parcel No. 49-1-17.2, Low Density Residential Zone. The proposal includes subdividing the +/- 4.172-acre parcel into two lots for future residences. The Planning Board had significant concerns regarding limited area available for a septic system and difficult topography related to construction of a driveway. '' ^ \ Low Density Residential Zones. The proposal involves subdividing +/- 8.05 acres from Tax t , Parcel 48-1 -14.312 and +/- 0.42 acres from the northeastern edge of Tax Parcel No. 48-1 -14.311, which will be consolidated to create a new +/- 8.47-acre lot. lacovelli 2-Lot Subdivision, 925 Coddington Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 925 Coddington Road, Town of Ithaca Tax Parcel No. 47-2-5, Low Density Residential Zone and Conservation District. The proposal involves subdividing the +/-8.01 acre parcel into one +/- 1.04-acre parcel (containing the existing residence) and one +/- 6.97-acre parcel. Ithaca College 2-Lot Subdivision, 253 Stone Quarry Road: The Plannmg Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 253 Stone Quarry Road, Town of Ithaca Tax Parcel No. 39-1-33.2, Low Density Residential Zone. The proposal includes subdividing a +/- 1.343-acre parcel (containing the existing residence and bam) from the southwestem comer of the +/- 13.6-acre parcel. Lane 2-Lot Subdivision, 333 & 339 West King Road; The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 333 & 339 West King Road, Town of Ithaca Tax Parcel No.'s 37-1-27.2 and 37-1-27.4, Low Density Residential Zone. The proposal involves subdivision approval to match the existing property lines for the +/- 2.07-acre parcel at 339 West King Road that did not receive Planning Board Approval in 1984. Lucente Lot Line Modification, 400 and 402 Warren Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed subdivision and consolidation of two narrow strips of land along the boundary line between 400 (Town of Ithaca Tax Parcel No. 71-1-39.2) and 402 (Town of Ithaca Tax Parcel No. 71-1-39.3) Warren Road, Medium Density Residential Zone. The proposal will result in the exchange of small pieces of land between these two parcels. McElwee/Lynch 2-Lot Subdivision, 114 & 116 Kay Street: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed subdivision of a +/- 0.027 acre parcel from the westem edge of Town of Ithaca Tax Parcel No. 71-1-50.2, located at 116 Kay Street, to be consolidated with Town of Ithaca Tax Parcel No. 71-1-51,114 Kay Street, Medium Density Residential Zone. Perry 2-Lot Subdivision, 107 Bundy Road: The Planmng Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 107 Bundy Road, Town of Ithaca Tax Parcel No. 27-1-11.2, Medium Density Residential Zone. The proposal involves subdividing off a +/- 65.634-acre parcel from the +/- 119.966-acre parcel for consolidation with the adjacent Tax Parcel No. 27-1-14.2 (off Mecklenburg Road). Spitsberg 4-Lot Subdivision, Wildflower Drive: The Planning Board granted Preliminary and ^ Final Subdivision Approval for the proposed 4-lot subdivision located on Wildflower Drive, Town of Ithaca Tax Parcel No.'s 60-1-25.2 and 60-1-21, Medium Density Residential Zone. The ^ proposal involves subdividing the 3.05 +/- acre parcel into three residential building lots with a single common driveway and one 0.069 +/- acre parcel to be consolidated with the adjacent Tax Parcel No. 60-1-21. Steams 2-Lot Subdivision, 102 Drew Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 102 Drew Road, Town of Ithaca Tax Parcel No.'s 28-1-34.29 and 28-1-34.30, Low Density Residential Zone. The proposal is to subdivide off a +/- 20-foot wide strip from the eastern side of Tax Parcel No. 28-1- 34.30 to be consolidated with Tax Parcel No. 28-1-34.29. Wiggins 2-Lot Subdivision, 1150-1154 Danby Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed consolidation of previously approved lots and a new 2-lot subdivision of the entire lands located at 1150-1154 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 36-1-4.2, Planned Development Zone No. 1, Low Density Residential Zone, and Conservation Zone. The proposal involves subdividing the +/- 54.61 acre parcel into one +/- 14.74 acre parcel (Parcel "B") containing the existing John Thomas Steakhouse and La Tourelle Country Inn development and one +/- 39.87 acre parcel which is currently vacant to be consolidated with adjacent properties to the south and east (Parcel "A"). This will also result in the rescinding of all previous approvals for the "Buttermilk Valley Estates Subdivision" granted by the Planning Board in 1996. SKETCH PLAN REVIEWS Babcock 8-Lot Subdivision, Hayts Road and Trumansburg Road: The Planning Board reviewed a Sketch Plan for the proposed 8-lot subdivision located on Hayts Road and Trumansburg Road, Town of Ithaca Tax Parcel No.'s 24-1-23 and 24-1-32, Agricultural Zone. The proposal is to consolidate Tax Parcels 24-1-23 and 24-1-32 into one +/- 87.9-acre parcel, then subdivide off 7 residential lots (averaging 2.581 acres) along Hayts Road with the remaining +/- 69 acres being maintained as one parcel for agricultural use fronting on Trumansburg Road. Chamber of Commerce Building Addition, 904 East Shore Drive: The Planning Board considered a Sketch Plan for the proposed addition and renovations at the Tompkins County Chamber of Commerce located at 904 East Shore Drive, Town of Ithaca Tax Parcel No. 18-2-10, Plaimed Development Zone No. 5. The proposal includes a two-story, +/- 2,000 square foot addition on the north side of the existing building with new bathrooms, office space, storage, and meeting space. The proposal also includes a request to amend the Planned Development Zone to increase the number of employees from 10 to 20. Conifer Village Senior Living Community, Conifer Drive: The Planning Board considered a Sketch Plan for the proposed Conifer Village Ithaca Senior Living Community (previously known as Linderman Creek Senior Apartments) proposal consisting of a seventy-two (72) unit independent living rental project for seniors 55 years of age and older, located on an 8.4 +/- 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, a 96-space parking lot, stormwater facilities, landscaping, and associated utilities. ' s I ^ r ! / \ r \ I \ APPENDIX A SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS - 2005 Preliminary Subdivision Approvals Granted 1 Final Subdivision Approvals Granted 15 (includes actions where prelim. & final approval were simultaneous) Sketch Plan Reviews (Including Revised Sketch Plans) 18 Preliminary Site Plan Approvals Granted * 5 Final Site Plan Approvals Granted * 23 (includes actions where prelim. & final approval were simultaneous) . Site Plan Modifications 2 Recommendations (to Town Board, ZBA, etc.) 2 Modification of Conditions 1 Miscellaneous Planning Board Actions 3 TOTAL ACTIONS 75 ♦Note: The following approvals were included in certain projects listed in the project descriptions on the followingpages, but were not added into the above 75 total attions: the granting of nine Special Permits/Approvals by thePlanning Board and two Rezoning reconunendations to the Town Board (Conifer Village and South Hill BusinessCampus). Additionally, one project (Conifer Village) included Subdivision approvals as well as Site Plan approvals.Only the primary approval for this project was counted in the 75 actions summarized above (i.e., either subdivision or site plan approval, not both). ! SPRELIMINARY SUBDIVTSTON APPROVALS 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. FINAL SUBDIVISION APPROVALS Westview 33-Lot Subdivision, Schickel and Danby Roads: The Planning Board granted Final Subdivision Approval for the proposed Westview 33-Lot Subdivision located at the intersection of Schickel Road and NYS Route 96B (Danby Road), Town of Ithaca Tax Parcel No.'s 36-2-3.2 and 36-2-3.3, Low Density Residential Zone. The proposal includes extending Schickel Road towards the east and creating a loop road for 31 residential lots, one 0.902 +/- acre parcel to be consolidated with an adjacent parcel, and one VA +/- acre lot for a park site in the southeast comer of the property. PRELIMINARY AND FINAL SUBDIVISION APPROVALS ^ Cleveland 3-Lot Subdivision, 1032.5 Danby Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3-lot subdivision located at 1032.5 Danby Road, Town of Ithaca Tax Parcel No. 39-1-9, High Density Residential Zone. The proposal involves subdividing the +/- 2.6-acre parcel into three parcels: one parcel of +/- 0.92 in the northeast portion containing an existing residence, one parcel of +/- 0.56 in the southem portion, and one parcel of +/- 1.11 acres in the westem portion of the lot. This proposal was postponed from the August 2,2005 meeting as a proposal for a 2-lot subdivision. Finch 2-Lot Subdivision, 904 Coddington Road: The Planning Board granted Preliminaiy and Final Subdivision Approval for the proposed two-lot subdivision located at 904 Coddington Road, Town of Ithaca Tax Parcel No. 47-1-2, Low Density Residential Zone. The proposal includes subdividing Tax Parcel 47-1-2 into two lots of +/-.711 acres (containing an existing residence) and +/-3.086 acres (also having road frontage on Updike Road). NYS DOT Subdivision, 101 Harris B. Dates Drive: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed subdivision of +/- 300 square feet on the southeast comer of Trumansburg Road and Harris B. Dates Drive to be conveyed to New York State Department of Transportation for the installation of new traffic control devices, 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24-3-2.1, Office Park Commercial Zone. Hilker 4-Lot Subdivision, 255 & 277 Bums Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located at 255 and 277 Bums Road, Town of Ithaca Tax Parcel No.'s 48-1-14.312 and 48-1-14.311, Conservation and f X I \ / \ i \ f t APPENDICES: TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT APPENDIX A: SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS - 2005 APPENDIX B: DEVELOPMENT REVIEW ACCOUNTING FOR 2005 APPENDIX C: TOWN OF ITHACA CODES & ORDINANCES COMMITTEE - PROPOSED WORK PLAN PRIORITIES FOR 2006 J \ r \ Lake Source Cooling Monitoring/Data Sharing Group: A Town Bo^d liason. Planning staff and representatives from Benchmark Environmental Engineering & Science (&e Town's consultant) attended one meeting of the Lake Source Cooling Data Sharing Group to discuss Comell University's monitoring program on the Lake Source Cooling project. - — Conferences and TraiTiin^ Sessions: Plannmg staff attended the following conferences and training sessions during 2005. Highlights of some of the conferences are described in the Planning Director's monthly reports, and conference materials are available in the Planning Department: • Planning for Agriculture Workshop - January 27,2005 (Cooperative Extension of . Tompkins County • Training for Local Government Officials - February 9, 2005 (Cortland County Office Building) o Storm Water Management Training — February 24,2005 (Ithaca Town Hall) • Harvard Business Review/Management Team Training - March 17; 2005 (Tompkins-Cortland Community College ^ Municipal Officials Association Planning Coalition: This group of municipal planning ^ ^ officials, established by the Tompkins County Municipal Officials Association (MOA), met monthly during 2005. Joel Gagnon was elected as Chair, Dick Coogan was elected as Vice Chair, and Jonathan Kanter was elected as Recording Secretary. The MOA established the coalition to provide a forum for discussion and resolution of inter- municipal planning issues and cooperative planning efforts among the municipalities, as well as to provide advisory opinions and input to the County during the preparation of the Comprehensive Plan. The Planning Coalition held several meetings focusing on Tompkins County Comprehensive Plan implementation projects, including the Natural Features Preservation Program, Housing Needs Study, and Scenic Resources Inventory. Other discussions included topics such as the Town of Danby proposal for a low density/conservation zone, updates of the County Assessment Maps, open space preservation, affo9rdable housing strategies and programs, and the City s Transportation Demand Management Study. Citv/Town/Countv Planners Meetings Regarding Inter-municinal—Impacts—of Development: Planners representing the City and Town of Ithaca and Tompkins County met several times during 2005 to discuss inter-municipal planning and development issues, as a follow up to a meeting of elected officials from those municipalities in 2004. Planners have been discussing ways of addressing impacts of new developments in areas such as West Hill and the Southwest/Route 13 corridor that may have impacts that cross municipal borders, with a particular focus on traffic and transportation impacts. A status > report is in the process of being prepared by the planners group, which will include suggestions for addressing some of the planning and development issues. Included 2006 Budget: The Planning Department's proposed 2006 Budget was completed and submitted to the Supervisor, and incorporated into the adopted 2006 Budget. Newsletters: The Planning Department coordinated the preparation and distribution of two newsletters (Spring and Fall) in 2005. Thanks again to Chris Balestra for coordinating the preparation of the Newsletter. Respectfully submitted, Jonathan Kanter, A.LC.P., Director of Planning Susan Fitter, Assistant Director of Planning Michael Smith, Environmental Planner Christine Balestra, Planner Nicole Tedesco, Planner February 8,2006 among the ideas discussed are enhanced transit to minimize the reliance on the r \ automobile, the importance of pedestrian and bicycle routes in the area, better , ^ coordination/communication among the municipalities in reviewing new development proposals, and other transportation demand management options (e.g., park-and-ride lots, designing new development to be more pedestrian and transit fnendly, etc.)7 A status report will be forwarded to elected officials sometime in 2006. Zoning Man Update: Based on rezonings that have been approved by the Town Board since the last official version of the Zoning Map (effective April 1, 2004), Planning staff prepared an updated Zoning Map (Revised December 12, 2005), which was approved by the Town Board. The last time the Zoning Map was revised was on Dec. 8, 2003, when the Town Board adopted the Comprehensive Zoning Ordinance and Map Revisions (Effective April 1, 2004). Since then, there have been three rezonings approved by the Town Board in Local Laws that were incorporated into the updated Zoning Map. Historic Resources Inventorv: Barbara Ebert, adjimct professor at Cornell's Historic Preservation Program, has provided the Town with all of the remaining completed historic resources inventory forms. This completed the cooperative effort to survey all of the Town's potentially significant historic buildings and sites that has been underway for a number of years. This was done by Cornell students imder the supervision of Barbara Ebert, at nominal cost to the Town. The portion just completed has been outstanding for several years, but we are happy to receive them. Planning staff will be working in cooperation with the Town Clerk's office to create a database for the historic survey information. f \ ■f S / \ 10 \numerous meetings on the subject, including several public information meetings. A number of Town Board members, Plannmg Board members and staff participated in a site walk at the Hanshaw Road project area that was led by Fisher Associates and Tompkins County on December 8, 2005. The site walk focused on how significant features along the roadway, such as trees, shrubs, fences and walls could be preserved oir- re-located as part of the project. The County held an open house on December 1, 2005 at ' the Cayuga Heights Fire Station to review the revised Hanshaw Road reconstruction plans based on their meetings with the homeowners along Hanshaw Road and Town officials. The current, revised plan incorporates modifications of the walkway details to accommodate the preservation of many of the significant features identified. On Janua^ 26, 2006, the Town Board adopted a resolution supporting the inclusion of a walkway in the County project, pending "the availability of the necessary funding. Citv of Ithar.fl Transportation Demand Management (TDMl Sub-committee: As a follow up to the City's TDM Study completed last year, the City has established a sub committee to consider possible implementation strategies. The sub-cbmmittee met monthly during 2005, and invited representatives firom the Town, County ^d ofhef organizations to participate. The Director of Planning attended several meetings during 2005. Ideas discussed include subsidizing higher frequency bus semce, adding circulator routes (e.g., downtown to Southwest area), bicycle/pedestrian facilities such as showers, lockers, or bike racks, getting people to ride the bus more by subsidizing bus passes, the possibility of hiring a downtown transportation/TDM coordinator, and ^ conducting a commuter survey of downtown employees (which was initiated by ITCTC). Stormwater Working Group: Planning staff continues to participate in the Stormwater Working Group. This intermunicipal partnership was organized so that the MS4 regulated communities in Tompkins County can work collectively to meet the gods of the NYS Department of Environmental Conservation's SPDES General Permit for Stormwater Discharges. The Stormwater Working Group is composed of MS4 representatives from the Town and City of Ithaca, Town of Dryden, Town of Caroline, Town of Ulysses, Village of Lansing, Village of Cayuga Heights, Tompkins County, ^d other local groups having an interest in water resource protection including Tompkins County Soil and Water District, Cornell Cooperative Extension, Cornell University and the Cayuga Lake Watershed Network. The group has been meeting monthly since 2003. Accomplishments for 2005 include: • Applied and successfully received $100,000 in funding firom the NYS Water Quality Improvement Projects grant. Approximately $10,500 is available to the Town of Ithaca for development and implementation of local laws pertaining to stormwater management. • Organized and held an Erosion and Sediment Control Workshop in March that was attended by 134 people including contractors, code enforcement officers, engineers, s and others involved in and reviewing or designing development proposals. Several staff members firom the Town of Ithaca attended this workshop. f \ • Collaborated to help MS4's complete their required Annual Report by compiling , ^ cooperative compliance activities that had been implemented over the previous year. Planning staff completed the remaining portions of the Town's annual report that describes progress_the Towu has made in fulfilling obligations specified inr die Stormwater Pollution Prevention Plan. The resulting twenty seven-page document was submitted to the NYS DEC by the June 1^^ deadline. The town has until 2008 to complete this plan. • Continued the allocation of 2003 grant money targeted for developing and implementing a comprehensive stormwater education and outreach plan, and for mapping stormwater outfalls with the MS4s in Tompkins County. The Town of Ithaca was allocated approximately $13,800 for the outfall mapping. This work is being coordinated by the Engineering Department. The Stormwater Group anticipates becoming a more formal organization with official membership appointments and terms, by-laws, and a membership fee in 2006. The fees would be used to fund such activities as providing workshops and training programs, providing training/educations materials, preparing grant proposals and administering grant funds. Adoption of Local Waterfront Revitalization Plan (LWRPI: After several years of working with the Tompkins County Planning Department and other municipalities along / . the Cayuga Lake shoreline, the Town Board adopted the Cayuga Lake Waterfront Plan ^ ^ (December, 2004) pursuant to the New York State Local Waterfront Revitalization Program. Acquisition of Propertv on Culver Road: The Town Board authorized the acquisition of a 10 +/- acre parcel on Culver Road for purposes of preservation and protection of the significant natural features on the site, including the mature forest and wildlife habitat. The closing on the property will hopefully occur before the end of February 2006. Affordable Housing: The Planning Department was involved in several efforts to initiate a more formal approach to affordable housing for the Town. Included in those efforts were beginning research regarding approaches that other municipalities are taking to encourage affordable housing, meetings with Cornell officials regarding possible sites that might be available for affordable housing, attendance at a preliminary meeting sponsored by Tompkins County regarding their Housing Needs Study, and meetings with several housing support groups to discuss possible approaches to building affordable housing. TCAD Economic Development Strateev Coordinating Committee: The Director of Planning and Town Supervisor attended quarterly meetings of the Tompkins County Area Development (TCAD) Economic Development Strategy Committee. The focus of work during 2005 was on the update of the Economic Development Strategy. / 1 ^ \ ' \ / N TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JONATHAN KANTER, AICP DIRECTOR OF PLANNING ^ RE: SUMMARY OF 2005 ACCOMPLISHMENTS & 2006 WORK PLAN PRIORITIES AND PRESENTATION OF 2005 ANNUAL REPORT DATE: FEBRUARY 8,2006 I am pleased to present the attached Annual Report for 2005 on behalf of the Town of Ithaca Planning Department. For easier reference, I have compiled the following summary highlighting Planning Department accomplishments during 2005 and possible priorities for 2006 and beyond. 1) Codes & Ordinances Committee: The following were prepared by the Committee and adopted by the Town Board: Zoning Code amendments regarding agricultural uses in certain zones (adopted in Local Law No. 7, 2005); revisions to Chapter 148 of the Code regarding Environmental Quality Review (adopted in Local Law No. 3, 2005); and revisions to Telecommunications Facilities portion of Zoning Code (Section 270-219 - adopted in Local Law No. 5, 2005). Significant progress was made on the following: draft stream setback law; draft outdoor lighting law; Indian Creek and Lake Slopes Conservation Zone; and Coy Glen Conservation Zone. Priorities for 2006 and Future Years: (a) complete stream buffer law; (b) complete outdoor lighting law; (c) adopt Indian Creek & Lake Slopes Conservation Zone; (d) adopt Coy Glen Conservation Zone; (e) consider amending Conservation Zone to permit certain additional uses on a limited basis; (f) update Subdivision Regulations; (g) consider tree preservation regulations; (h) consider wetlands protection regulations; and (i) consider affordable housing regulations. [COC is considering a more complete list of work plan priorities for 2006 - see attached draft in Appendix C of Annual Report.] 2) Transnortation Initiatives: Through Town of Ithaca Transportation Committee, made significant progress on elements of town-wide Transportation Plan, including a second public information meeting, completed draft chapters on inventory and analysis, and drafted several key maps, including an updated Official Map and a draft map showing proposed priorities for pedestrian infrastructure connections. Also initiated Cornell transportation- focused Generic Environmental Impact Statement (t-GEIS) with Cornell N University. Work in 2005 involved project development, organization and scoping, ' \ working with the Project Team, Resource Committee and Planning Board. f \ Priorities for 2006: Through Town of Ithaca Transportation Committee, complete a remaining elements of town-wide Transportation Plan, and adopt Plan in 2006. Continue working with Cornell, Project Team, Resource Committee and Planning Board on t- GEIS, scheduled for completion by the end of 2006 or beginning of 2007. 3) Agricultural Land Preservation Program: No new agricultural easements were acquired in 2005. Priorities for 2006: Two owners" of agricultural properties have expressed interest in the agricultural easement program (purchase of development rights). Planning staff is following up with these owners on the program, and may enter into agricultural easement negotiations, which would begin with an appraisal of the property values. We will also pursue the possibility of applying for a grant from the NYS Department of Agriculture & Markets to fund the acquisition of these easements. We will also recommend the continued funding of the program through the Town's capital budget. 4) Stormwater Management Program: Completed and filed Stormwater Pollution Prevention Program Annual Report with NYS Dept. of Environmental Conservation under requirements of new Phase 2 regulations. Participated in inter-municipal stormwater management coordination group. Priorities for 2006: Continue implementation of stormwater management program, ( ^ including public education and awareness, and drafting of stormwater management ^ ^ ordinance. 5) Historic Resources Survev: Received completed survey forms prepared by Cornell students in the Historic Preservation Program, supervised by Barbara Ebert. Priorities for 2006: Work with Town Clerk's Office to prepare a database and GIS map format for information regarding historic resources within the Town of Ithaca. 6) Building & Zoning Reorganization: Worked with Committee to recommend reorganization of Building & Zoning Department functions. Town Board authorized the Planning Department to take over the Zoning Code administration and coordination of Zoning Board of Appeals cases. Priorities for 2006: Monitor effectiveness of Building and Zoning reorganization. Make adjustments if necessary. Additional goals and objectives for 2006 may include: 7) Investigate Affordable Housing Options: Continue research to see what other areas are doing to encourage or provide for housing that is affordable to households with moderate incomes. Work with Tompkins County on a housing needs assessment to identify housing needs in the area. Consider possible affordable housing regulations (e.g., density / N /' APPEKDIX C TOWN OF ITHACA CODES & ORDINANCES COMMITTEE PROPOSED WORK PLAN PRIORITIES FOR 2006 The Codes and Ordinances Committee at the November 16 and December 21,2005 and January 18,2006 meetings discussed possible work plan priorities for 2006 and listed the following tabe... considered for 2006~and beyond. These were suggested in priority categories, starting with highest priorities, and are intended to provide a framework for further Committee consideration. HIGHEST PRIORITY 1) Complete Proposed Stream Setback Ordinance 2a) Enact Indian Creek/Lake Slopes Conservation Zone 2b) Consider Amending Conservation Zone (Article V Zoning Code) to Include Additional Permitted Uses (e.g.. Hospital) Under Limited Conditions 3) Enact Coy Glen Conservation Zone 4) Enactment of Outdoor Lighting Ordinance (revised draft has been prepared) 5) Update/revise Subdivision Regulations 6) Tree Preservation Regulations 7) Wetlands Protection Ordinance (Being Considered by Conservation Board) 8) Continue Coordination With Others on Storm Water Management Ordinance 9) Consider Affordable Housing Regulations (this may be a several year project, including research on regulatory approaches, working with County Planning on their housing needs assessment, and development of draft regulations - either incentive approach or mandatory inclusion of affordable housing units) 10) Review/Revise Dimensional Requirements for Docks in Lakefront Residential Zone (Recommended by Planning Board in Resolution — 11/29/05) NEXT PRIORITY 11) Revision of Noise Ordinance (in conjunction with cooperative efforts with City of Ithaca and Ithaca College) 12) Open Burning Law (County Legislature enacted County-wide legislation) 13) Consider New Educational/Institutional Zone 14) ReviewAJpdate Parking Ratios/Standards in Zoning Code (Suggested by Staff) 15) Consider Viewshed Protection Regulations (after Cons. Board Viewshed Study is done) Work Plan Tasks Completed in 2005: 1) Follow-up Zoning Amendments Regarding Agricultural Uses (based on discussions with NYS Ag & Markets) - Adopted in Local Law No. 7,2005. 2) Revisions to Environmental Quality Review Law - Adopted in Local Law No. 3,2005 3) Revisions to Telecommunications Law - Adopted in Local Law No. 5,2005 Significant Progress in 2005 Was Made on: 1) Stream Setback Law" 2) Outdoor Lighting Law 3) Indian Creek & Lake Slopes Conservation Zone 4) Coy Glen Conservation Zone ^ \ Town of Ithaca Planning Department December 14,2005 (Revised January 12,2006, Further Revised February 8,2006) I s S Planning Board Applications (projects under new fee schedule) Prdjedr 00-02-334 03-12-473 04-03-481 04-03-486 04-04-487 04-04-489 04-09-507 04-10-509 04-11-512 05-01-517 05-02-518 05-02-519 05-02-520 ^5-02-521 , .5-02-522 , 5-02-523 . 5-02-524 05-03-525 05-03-526 05-03-527 05-03-528 05-03-529 05-03-530 05-03-531 05-04-532 05-04-533 05-04-534 05-04-535 05-04-536 05-05-537 05-05-538 05-05-539 05-05-540 i^05-06-54l" 05-06-542 J5-06-543 Rancich Gravel Pit (Mecklenburg Rd) Skv Gardens (Mecklenburg Rd Country Inn & Suites Hotel (Danby Rd Drake 14-Lot Subdivision (Mecklenburg Rd CMC Southwest Addition (Dates Or Rubin Subdivision (Troy Rd) LaTourelle Room & Spa Addition (Danby Rd, Kingswood Townhouses (Troy Rd) Tomokins County Chamber of Commerce - addition Lane 2-Lot Subdivision (W. King Rd) " CU Palm Rd Contractor Staging Area CU Rice Hall Parking Lot CU Friedman Wrestling Parking Lot ^ " CU Large Animal Research Testing Unit Parking Lot " McElwee / Lynch 2-Lot Subdivision (Kay Sf Winston Court Front Porches ^ " IC Garden Apt. BIdgs. 26-29 Renovations " IC 2-Lot Subdivision (Stone Quarry Rd; ' CU Precinct 7 Electric System Upgrade ' LaTourelle Cafe & Tower Connection Addition " Coddington Road Community Center Pavilion " South Hill Business Campus - Lab Simulation Project South Hill Business Campus - Rezoning Friends Meetinghouse (Penny Ln) Clavel Buffer Waiver (E. King Rd" ~ Lucente Lot Line Modification (Warren Rd " EcoVillaae Bus Shelter (Mecklenburg Rd; " lacovelli 2-Lot Subdivision (Coddington Rd Namgyal Monastery (Danby Rd' Therm Ceramic BIdg. Rental ~ Wiggins 2-Lot Subdivision (Danby Rd; CU Plant Nursery & Pond (Bluegrass Ln, Judd Falls Plaza Redevelopment - Rite Aid Scholl 2-Lot Subdivision (Coddington Road' Soitsberq 3-Lot Subdivision (Wildflower Dr Babcock 8-Lot Subdivision (Hayts Rd) $750.00 $748.00 $50.00 $212.00 $50.00 $108.00 $600.00 $140.00 $600.00 $400.00 $400.00 $400.00 $140.00 $300.00 $500.00 $140.00 $580.00 $350.00 fee waived $400.00 $325.00 $100.00 $100.00 $140.00 $200.00 $140.00 $850.00 $250.00 $100.00 $350.00 $1,600.00 $100.00 $220.00 $100.00 Project Number 05-06-544 Hilker 3-Lot Subdivision (Burns Rd, 05-06-545 Cleveland 2-Lot Subdivision (Danby Rd 05-07-546 Perry 2-Lot Subdivision (Bundy Rd) 05-07-547 iLonavlew Special Care Building Addition 05-07-548 Courtside Sign Modification (Pine Tree Rd' 05-08-549 ICMC 2-Lot Subdivision (Dates Dr 05-08-550 iHospicare Parking Lot Expansion (E. King Rd 05-08-551 !C School of Business 05-08-552 HSBC East Hill Site Changes (Pine Tree Rd' 05-08-553 iFrandsen 17-Lot Subdivision (Park Ln; 05-08-554 Indian Creek Farm Porch (Trumansburg Rd 05-08-555- ICandlewvck Apts. Fitness Center (Trumansburg Rd. 05-09-556 Pine Tree Road Office Building (Pine Tree Rd) 05-09-557 Wedemeyer Equestrian Center (Trumansburg Rd; 05-09-558 Six Mile Creek Vineyard BIdg. Modification 05-10-559 Bowes Dock & Boat Lift (Taughannock Blvd.; 05-11-560 Sokoloff Dock (East Shore Dr) 05-11-561 Alden / Baer Subdivision (Elm Street Ext. 05-12-562 iFain 2-Lot Subdivision (W. King Rd; 05-12-563 Genex BIdg. Addition - Production Ctr#2 (Sheffield Rd) 05-12-564 Three Rivers Mini Golf & Creamery (Elmira Rd) CU Transportation GEIS Total: $140.0o $140.00 $140.00 $275.00 $50.00 $120.00 withdrawn $2,600.00 $300.00 $860.00 $100.00 $350.00 $2,100.00 ~ $850.00 $250.00 $100.00 $100.00^ $140.0 $140.0 $1,100.0 $400.00 $30.00 $21,808.00 n Develoi ^XPPECOIX B Review fS—For 2005 In 2005, the Planning Department site%lM reviews, sixteen JerlrS^^t^tety'to devXpment review accounting purposes. . M. To» S-tS changes to the amounts and the w y !• a* fnf\r\ rpfimdable^ and auj.«. old ^ ro«rs«",,s ^ application fee that is based on total project cost for site pto and ° being created for subdivisions. As a result of changing the f®® J there were several projects that still remained open under the old schedule 2005, m therefore there are two summary tables and explanations of the fees collected for each schedule. Under the old fee schedule, $466.00 was collected for the one prqject that active with staff time. Throughout 2005, the twenty-one projects that were still open under the old schedule were gradually closed and any remaining balances were refimded to the applicant. Being labeled as closed only means that the account was closed, toe project could be open and continuing but any additional charges would occur under the new fee schedule. At the close of 2005, there are no projects remaining under the old schedule and all projects are now applying under the new schedule. In 2005, a total of $21,808.00 was collected under the new fee schedule for site plan review, subdivision review, special permits, recommendations to the Town Board and Zoning Boards, and additional meeting fees. This includes all forty-ei^t iiew projects snhmittfd in 2005 along with nine older projects that submitted new applications in 2005 and were still active. 2005 Developmenl Review Annual Report: Slalus of Reviewed Projects (projects under old fee schedule)94-10-142 IButtermilk Valley Estates97-04-232 I Russo's Garden Center98-02-266 lEcovillage Future Development98-04-274 ISouth Hill Complex00-10-368 [John Thomas Dining Room Addition01-03-381 iLinderman Creek Apts. Phase H01-04-383 ICU Precinct 9 Athletic Fields01-10-403 I Ithaca Beer Co. Expansion07-07-429 ICavuga Medical Center (Cafet. / Ed. Ct02-08-431 iLongview Pavilion / Sidewalk02-09-436 ICU Athletic Fields02-11-439 lAuble 8-Lot Subdivision & Development02-12-440 iBriarwood Subdivision (Phase 1103-07-461 ICoufitrv Club of Ithaca - Addition03-08-464 lie / College Circle Apts. Parking Lot03-08-465 I CMC Radiation Oncology Addition03-10-470 IT-Mobile Cornell Water Tank03-10-471 [Overlook at West Hill04-03-484 CU Library Storage Annex Addition04-05-492 ICU Arthropod Research Facilit;04-05-494 lithaca Vet. Vol. Fireman's Assoc. Pavilion$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$466.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$320.85$0.00$0.00$0.00$153.06$57.67$0.00$0.00$41-7.06$5.85)$5,279.11($11.60)$6.09$163.06($145.15)$8.79$303.02$101.66$600.00 ' Supporting the Adoption of the Tompkins County Comprehensive Plan by the Tompkins County Legislature. Recommendation to Zoning Board of Appeals regarding a sign variance, 630 Elmira Road. The Planning Board issued an affirmative recommendation to the Zoning Board of Appeals regarding a sign variance to allow a +/- 60 square foot illuminated wall sign on the front fa9ade of the Southern Tier Cap World building located at 630 Elmira Road, Town of Ithaca Tax Parcel No. 33-3-3, Light Industrial Zone. Recommendation to Zoning Board of Appeals Regarding a Sign Variance at Courtside Racquet & Fitness Club, 380 Pine Tree Road: The Planning Board issued an affirmative recommendation to the Zoning Board of Appeals regarding a sign variance to allow a 72 +/- square foot illuminated freestanding sign with a copy-change section for the Courtside Racquet & Fitness Club located at 380 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-1-5, Community Commercial Zone. Recommendation to the Zoning Board of Appeals Regarding the Proposed Expansion of the .Winery Building at the Six Mile Creek Vineyard, 1551 Slaterville Road: The Planning-BOard- - issued an affirmative recommendation to the Zoning Board of Appeals regarding aii^ interpretation for the proposed expansion of the winery building at the Six Mile Creek Viney^d located at 1551 Slaterville Road, Town of Ithaca Tax Parcel No. 56-2-1.1, Medium Density ^ Residential Zone and Conservation Zone. The vineyard and winery has previously been granted \ a variance to allow its use. An interpretation is being requested for consideration as to whether "receptions" are a normal function of vineyards. The Zoning Board of Appeals referred this matter to the Planning Board for a recommendation. Recommendation to the Zoning Board of Appeals Regarding a Request to Extend a Previously Granted Special Approval, Former Eddy Gravel Mine (now Rancich), Mecklenburg Road: The Planning Board issued an affirmative recommendation to the Zoning Board of Appeals regarding a request to extend the time of the previously granted Special Approval for the excavation of fill material on portions of Town of Ithaca Tax Parcel No. 27-1-14.2, located on the north side of Mecklenburg Road (NYS Route 79), Agricultural Zone. The Plarmmg Board also recommended approving the applicant's request to modify Ae condition of the previously granted special approval to allow the use of crushing and conveying equipment on the site, subject to a condition regarding noise levels. MODIFICATIONS OF PLANNING BOARD CONDITIONS Cornell University Precinct 8 Athletic Fields - Modification of Condition of Approval, Game Farm Road: The Planning Board approved the modification of condition 1 .g. of the Planning Board's Resolution for Site Plan Approval, granted August 5, 2003, Town of lAaca Tax Parcel No's 62-2-3, 62-2-4, 62-2-5, 62-2-6, Low Density Residential Zone. Said condition required the transport of fill material for construction of Phase II of the athletic fields project off Game Farm jsiwfcv Road to be restricted to the hours of 8:30AM to 4:30PM and to follow a specified route to and from the excavation site using Tower Road, Route 366, and Game Farm Road. The applicant is requesting that the hours of operation not be restricted, and that trucks returmng to the excavation site from Game Farm Road have flexibility to return by means of Ellis Hollow Road, ^ Pine Tree Road, and Route 366. The Planning Board granted a partial modification allowing ^ flexibility in the trucking route, but changing the restriction on hours of trucking operation to be limited to 7:00 a.m. to 4:30 p.m. MISCELLANEOUS PLANNING BOARD ACTIONS Clavel Subdivision Buffer Modification, 175 East King Road: The Planning Board granted the requested modification from the Chase Farm Subdivision vegetative buffer requirement for the parcel located at 175 East King Road, Town of Ithaca Tax Parcel No. 45-1-23, Medium Density Residential Zone. The proposal includes construction of a new house located 8 feet into the . required 30-foot vegetative buffer along the west property line. Cornell University transportation-focused Generic Environmental Impact Statement (t- GEIS): The Town of Ithaca Planning Board established itself as Lead Agency to coordinate the environmental review of the proposed Ten-year Transportation Impact Mitigation Strategies (TIMS) and the associated tr^pprtation 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 from the t-GEIS process, and may include recommendations for transportation demand management, multi-modal transportation strategies, access and circulation modifications, and zoning changes. The Planning Board also issued a determination of a Positive Declaration of Environmental Significance confirming that a t-GEIS will be prepared.( \ Overlook at West Hill Extension of Time to File Plat, 1290 Trumansburg Road: The Planning Board granted a 90-day extension of the duration of conditional approval of the final subdivision plat for the Overlook at West Hill project, 1290 Trumansburg Road, pursuant to Town Law Section 276(7)(c). This was necessitated by the court case filed against ihs Town and applicant, and provides for an extension of the time to complete the conditions of subdivision approval that are required in order to file the plat in the Coxmty Clerk's office. I \ f ^ HSBC Bank Site Improvements, 302 Pine Tree Road: The Planning Board granted ' Preliminary and Final Site Plan Approval at the HSBC Bank located at 302 Pine Tree Road, Town of Ithaca Tax Parcel No. 62-1-2.1, Community Commercial Zone. The proposal involves adding two parking spaces, new landscaping, and changing the building fa9ade by eliminating the north entrance and adding additional windows on the north and east sides of the building. Indian Creek Farm Porch Addition, 1408 Trumansburg Road: The Planmng Board granted Preliminary and Final Site Plan Approval and a Special Permit for the proposed front porch at the Indian Creek Farm located at 1408 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-1- 25.21, Agricultural Zone. The proposal involves adding a +/- 1,500 square foot open air porch to the east side of the existing bam for vegetable and fruit display. Ithaca College Garden Apartments, Buildings 26-29 Renovations, Garden Apartments Drive: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed renovations and additions to the Ithaca College Garden_Apartment Buildings 26-29 located southeast of Garden Apartments Drive, Town of Ithaca Tax Parcel No. 41-1-24, Medium Density Residential Zone. The proposal involves the renovation of 140 student apartments in four buildings, new entrance canopies, two new mechamcal room additions, and site improvements including road and walkway repair, site lighting, and utility upgrades. La Tourelle Country Inn Tower Connection, 1150 Danby Road: The Planning Board granted ^ Preliminary and Final Site Plan Approval for the proposed +/-1,479 square foot, three level \ addition to the La Totirelle Country Inn located at 1150 Danby Road, Town of Ithaca Tax Parcel No. 36-1-4.2, Planned Development Zone No. 1. The proposal involves constmction of an addition on the south side of the existing Inn between the Inn building and the tower suite building, including a storage room on the ground floor level (+/- 384 sq. ft.), a caf6, lounge and bar on the first floor (+/- 800 sq. ft.), and a hallway connection to the tower room on the second floor (+/- 295 sq. ft.). Primet Precision Materials Occupancy of Space at Therm Inc., 1005 Hudson Street Extension: The Planning Board granted Preliminary and Final ^te Plan Approval for the proposed use of an existing building by Primet Precision Materials , Inc., which is located on the Therm Incorporated property at 1005 Hudson Street Extension, Town of Ithaca Tax Parcel No. 54-2-1, Light Industrial Zone. Primet Precision Materials™, Inc. is an advanced materials development company that would rent the existing building that w^ most recently used by Therm for storage. No modifications or additions are planned for the site. South Hill Business Campus Lab Simulation Project, 950 Danby Road: The Plai^ng Board granted Preliminary and Final Site Plan Approval for the proposed South Hill Business Campus Lab Simulation Project located at 950 Danby Road, Town of Ithaca Tax Parcel No.'s 39-1-1.1 and 39-1-1.2, Industrial and Office Park Commercial Zones. See Sketch Plan section for a description on this proposal. South Hill Business Campus, 950 Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval (establishing a baseline of existing uses, buildings, and site layout) and issued an affirmative Recommendation to the Town Board regarding the proposed Rezoning of a portion of the South Hill Business Campus property located at 950 Danby Road, / Town of Ithaca Tax Parcel No.'s 39-1-1.1 and 39-1-1.2, Industrial and Office Park Commercial , ^ Zones. The proposal involves rezoning the existing Industrial Zone portion of the site to a new Planned Development Zone, which would allow a mix of uses allowed in the Industrial, Light Industrial, and Office Park Commercial Zones. Tompkins County Chamber of Commerce Addition, 904 East Shore Drive: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed addition ^d renovations at the Tompkins County Chamber of Commerce located at 904 East Shore Drive, Town of Ithaca Tax Parcel No. 18-2-10, Planned Development Zone No. 5. The Planning Board also issued an affirmative Recommendation to the Town Board to amend the Special Land Use District No. 5 to increase the number of persons employed in the building at any one time from 10 to 20, which requires a recommendation by the Planning Board to the Town Board. Winston Court Apartments Front Porch Roofs, Winston Court: The Planmng Board granted Preliminary and Final Site Plan Approval for the proposed front porch roofs to be added to all 18 buildings owned by RoccaLucente on Winston Court, Town of Ithaca'Tax Parcel No.'s 70-3- 9 to 70-3-14, 70-4-1 to 70-4-6, and 70-5-1 to 70-5-6, Multiple Residence Zone. SITE PLAN MODIFICATIONS Cayuga Medical Center Southwest Addition Modifications, 101 Harris B. Dates Drive: The Planning Board granted approval of Site Plan Modifications for the previously approved southwest addition and site improvement project at the Cayuga Medical Center at Ithaca located at 101 Harris B. Dates Drive, Town of Ithaca Tax Parcel No.'s 24-3-2.1, 24-3-2.411, 24-3-2.412, 24-3-2.21, and 24-3-2.3, Office Park Commercial Zone. The modifications include eliminating the fourth floor and mechanical penthouse from the addition, which reduces the total height from +/- 89 feet to +/- 67 feet along with reorganizing the outpatient and emergency department entrance area. La Tourelle Site Modifications, 1150 Danby Road: The Planning Board considered Site Plan Modifications to the previously approved plan for the spa and room addition project at the La Tourelle Coimtry Inn located at 1150 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 36-1-4.2, Planned Development Zone No. 1. The proposal involves changes to the proposed stormwater facilities, to the number and location of some of the parking, and modifications to the arrangement of the landscaping and lighting. The applicant requested that action be deferred on this modification pending further revisions to the parking layout. RECOMMENDATIONS Recommendation to Town Board Regarding Cayuga Lake Waterfront Plan: The Planning Board issued an affirmative recommendation to the Town Board regarding adoption of the Cayuga Lake Waterfront Plan, pursuant to the NYS Local Waterfront Revitalization Program. Recommendation to Town Board Regarding Tompkins County Comprehensive Plan: The Planning Board issued an affirmative recommendation to the Town Board regarding a Resolution ^ i f \ ( \ f \ Phaxn^acy (./- 14,564 sq^ Sttae Falls Plaza properties located at 322-35 ^^-l-l, Commvmity Commercial Zone,of Ithaca TaxParcelNo.'s 62-1-3.2,62-1-2.2, ana oz i IMTNARV A-"" PI 4N APPROVALS D«. 4 B... UB. 955Preliminary and Final Site Pian Approv^and SpectM ^rmit torn 25-2-1,lift project located at 955 Tau^h^oc demolishing the existing dock Md Lakefront Residential Zone. .^tension at the end of the dock) with a M Board had adjourned this matter ftom the Novemte 15 meeting. Revised plans were submitted which addressed possible impacts on the neighbo g property that had been discussed at the November 15 meeting. Candlewyck Park Apartments Fitness Center, 1141 Trum^burg Road: TOe Planning Bomd granted Preliminary and Final Site-Plan Approval for the pressed fitae^ center at^e Candlewyck Park Apartments located at 1141 Trumansburg Road, Town of Itoca Tax Parcel No. 26-4-33, Multiple Residence Zone. The proposal mvolves demolishmg the existing swimming pool and pool house to construct a +/- 850 square foot fitness center on the site for Candlewyck residents. Coddington Road Community Center Pavilion, 920 Coddington Road: The Planning Bo^d granted Preliminary and Final Site Plan Approval for the proposed construction of a pavilion at the Coddington Road Community Center located at 920 Coddington Road, Town of Ithaca Tax Parcel No. 47-1-11.3, Low Density Residential Zone. The proposed pavilion (approximately 24* x 50') will be located to the west of the ball field and will be used for summer camp programs. Coddington Road Community Center, Inc. Cornell University Contractor Staging & Parking Area, Palm Road: The Planning Board granted Preliminary and Final Site Plan Approval and Special Approval for the proposed Comell University contractor staging and parking area located on Palm Road, Town of Ithaca Tax Parcel No. 64-1-1, Planned Development Zone No. 9. See Sketch plan for the "Comell Parking Lot Projects" for a description on this proposal. Cornell University Friedman Wrestling Facility Parking Lot, Campus Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Comell University Friedman Wrestling Facility Parking Lot located off Campus Road to the north of the wrestling facility. Town of Ithaca Tax Parcel No. 67-1-13.2, Low Density Residential Zone. See Sketch Plan section for a description of this proposal. Comell University Large Animal Research Testing Unit Parking Lot, Tower and Campus Roads: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Comell University Large Animal Research Teaching Unit (LARTU) Parking Lot located on the granted pStal'^ MntaaSwrPlan L®"®" The Planning Boardnursery and pond additionSeJlon Bluegrass Lane, Town of Ithaca irpS 1 6^ rf proposal involves the construction of two +/ S 7r;n ^ Density Residential Zone. This plantcontainernur.eryan;nr./-4lToo;^^^^^^ —^ the "Pg't"®' Meple Avenue. Pine Tree Road and. The Planning Board granted Preliminary and Final Site Plan AnDroval for the Sntf?h • "'"t'ereity Precinct 7 Electric System Upgrade, Special Approval for theportion of fte project wthn Planned Development Zone No. 9 (Precinct 7) on Tax Parcel No's. 63-1-11 md 64-1-1, md Special Permit for the portion of the project within the Low Density Residenpal Zone (LDR) on Tax Parcel No's. 63-1-5 and a 1.19 +/- acre portion of 63-1-11. The project involves the installation of a new 13.2 JcV electric distribution line from the existing Maple Avenue Substation behind Cornell's Central Heating Plant to the Library Annex facility on Palm Road in Precinct 7, and includes approximately 2,800 feet of underground concrete reinforced duct bank, a crossing of the bridges over Pine Tree Road and Cascadilla Creek (along the East Ithaca Recreationway), conversion of approximately 1,400 feet of existing overhead electric lines, installation of concrete manholes to access the underground line, and installation of two new poles with overhead lines just north of the Library Annex, ending with a new service connection at the Library Annex facility. Comell University Rice Hall Parking Lot, Tower Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Comell University Rice Hall Parking Lot located on Tower Road east of Rice Hall, Town of Ithaca Tax Parcel No. 67-1-13.2, Low Density Residential Zone. See Sketch Plan section for a description of this proposal. EcoVillage Bus Shelter, Mecklenburg Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed construction of a +/-144 square foot bus shelter at the entrance to EcoVillage at Ithaca located at the southwest comer of Rachel Carson Way and Mecklenburg Road (NYS Route 79), Town of Ithaca Tax Parcel No. 28-1-26.22, Planned Development Zone No. 8. Ellis Hollow Senior Apartments Renovations and Addition, 1028 Ellis Hollow Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed renovations and addition to the Ellis Hollow Road Senior Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2-1.124, Multiple Residence Zone. T^e proposal involves installing new roofing and siding on the existing building along with renovating the 100 existing apartment units and converting the existing community space to four new one-bedroom apartments. The project also involves the construction of a new two-story, +/- 5,674 square foot addition on the east side of the building to include a large meeting room, a large conference room, a computer room, a kitchen, and a doctor's office. f I. / Sky Gardens Condominiums and Subdivision, Mecklenburg Road: The Planning Board considered a Revised Sketch Plan for the proposed Sky Gardens Condominiums located on the north side of Mecklenburg Road across from Rachel Carson Way, Town of Ithaca Tax Parcel No. 27-1-14.2, Agricultural Zone, and a 45 +/- lot subdivision for single-family homes on approximately 65.6 +/- acres, on a portion of Town of Ithaca Tax Parcel No. 27-1-11.2. The condominium proposal includes the construction of approximately 200 condominium umts in multiple buildings, a great hall, an indoor/outdoor swimming pool and entertainment area, a spa and fitness center, tennis courts, several miles of walking paths, new roads and parking lots, and storm water facilities. The next agenda item, the proposed Perry subdivision, involves subdividing off a 65.6 +/- acre parcel from the Perry property, to be consolidated for development of 45 +/- single family lots, and will be discussed in conjunction with this proposal, with the SEQR determination and Public Hearing for Perry following. South Hill Business Campus, 950 Danby Road: The Planning Board considered a Sketch Plan for the proposed reuse of the South Hill Business Campus building (formerly Axiohm) located at 950 Danby Road, Town of Ithaca Tax Parcel No.'s 39-1-1.1 and 39-1-1.2, Industrial and Office Park Commercial Zones. The property was recently acquired by South Hill Business Campus, LLC, with the intent of leasing space in the existing building to multiple tenants for office, industrial/warehouse, and related uses. The proposal involves a request to rezone the existing Industrial Zone portion of the site to a new Planned Development Zone that would allow a mix of uses allowed in the Industrial, Light Industrial, and Office Park Commercial Zones. \ Troy Heights 56-Lot Subdivision, Troy Road: The Planning Board considered a Sketch Plan for the proposed 56-lot subdivision located on Troy Road beginmng approximately 1,600 feet south of the Coddington Road and Troy Road intersection, portion of Town of Ithaca Tax Parcel No. 49-1-26.2, Low Density Residential Zone. The proposal includes subdividing the +/- 69- acre parcel into 56 residential lots fronting on both Troy Road and on several proposed new intemal loop roads along with several parcels to be dedicated to the Town for recreational purposes (open space and trail link). Wedemeyer Equestrian Center, between 1456 and 1460 Trumansburg Road: The Planning Board reviewed a Sketch Plan for the proposed Equestrian Center located between 1456 and 1460 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-1-19.12, Agricultural Zone. The proposal involves the development of an equestrian center including pastures, trails, a hunter- jumper exterior arena, paddocks, an interior arena, and a hay storage and machinery bam. The project will also include a residence for the owners, three multi-family rental umts, storm water facilities and parking. PRELIMINARY SITE PLAN APPROVALS Conifer Village 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) umt 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. See Sketch Plan section for a description of this proposal. Ithaca College School of Business, Danby Road: The Planning Board granted Preliminaiy 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. See Sketch plan section for a description of this proposal. Cornell Office Building, 391 Pine Tree Road: The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed Pine Tree Road Office Building project located to the east of 391 Pine Tree Road, Town of Ithaca Tax Parcel No. 63-1-3.4, Low Density Residential Zone. Rite Aid Pharmacy/Judd Falls Plaza Redevelopment, 322-350 Pine Tree Road and 930 and 946 Mitchell Street: The Planning Board granted Preliminary Site Plan Approval and Special Permit for the proposed 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. Wedemeyer Equestrian Center, Trumansburg Road: The Planning Board granted Preliminary Site Plan Approval for the proposed Equestrian Center located between 1456 and 1460 Trumansburg Road, Town of Ithaca Tax Parcel No. 24-1-19.12, Agricultural Zone. FINAL SITE PLAN APPROVALS Country Inn & Suites Hotel, West King and Danby Roads: The Planning Board granted Final Site Plan Approval and Final Subdivision Approval for the proposed Country Inn & Suites Hotel located at the southwest comer of West King Road and Danby Road (NYS Route 96B), portion of Town of Ithaca Tax Parcel No. 37-1-17.1, Business District "C". The proposal involves subdividing off a +/- 2.68-acre parcel from the +/- 4.76-acre parcel for the construction of a 58-room hotel at the intersection. The proposal also includes 61 parking spaces, sidewalks, signage, landscaping, and lighting. The remaining 2.08 +/- acre parcel will be available for future neighborhood commercial development. La Tourelle Country Inn Addition, 1150 Danby Road: The Planning Board granted Final Site Plan Approval for the proposed addition to the La Tourelle Country Inn located at 1150 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 36-1-4.2, Planned Development Zone No. 1. The proposal involves constmction of a three level addition on the west side of the existing Inn diat would include 19 new rooms, a spa, an elevator, and an exercise room. The proposal also includes additional parking and new landscaping. 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 / f \ I \ f 1 bonus approach for developers willing to include a certain percentage of moderate ^ income units, mandatory requirement to include a certain percentage of moderate income units in any residential development, etc.). 8) Gatewav/Piittermilk Falls Trail: Work with Inter-municipal Trail Committee to begin planning and design work on the proposed trail project. 9) Lake Source Cooling Monitoring: Continue participating in monitoring work of the Data Sharing Group. Determine whether additional assistance from Benchmark will be necessary. Goals and Objectives for 2007 and Beyond: 10) Review and Possible Update of 1993 Comprehensive Plan: There has been considerable interest expressed in considering the update of the Town of Ithaca Comprehensive Plan. This should be done in a planned and coordinated way. This is proposed as a two step process, (1) first to review the Comprehensive Plan to see what parts of it have been implemented, what has not, are the goals and objectives still relevant, and to provide a recommendation regarding whether and to what extent the Plan should be updated; and (2) second, to update the Plan (if that is what is recommended in step 1). If this is established as a priority of the Town, then it should be recognized that this is a long-term project. The Plan review phase can be expected to take up to one year to accomplish, and could begin in 2007 (with some organizational and possibly budget considerations to be addressed in 2006). If the recommendation from this phase is to indeed update the Plan, then the actual update process could be a two to three year process, depending on the type and extent of the update. This could have budget and staff resource implications. Section 272-a of NYS Town Law provides for the preparation and amending of comprehensive plans. The Town Board, or by resolution of such Town Board, the Planning Board or a special board, may prepare a proposed town comprehensive plan and amendments thereto. [In this Section, a "special board" means a board consisting of one or more members of the Planning Board and such other members as are appointed by the Town Board to prepare a proposed comprehensive plan and/or an amendment thereto.] To accomplish the above tasks relating to the review and possible update of the Comprehensive Plan, it is recommended that the Town Board consider the establishment toward the end of 2006 of a "special board" that could be named the "Comprehensive Plan Committee" (or similar). Actually, the first phase of review of the Plan could be done by a Comprehensive Plan Review Committee, charged to report back to the Town Board with recommendations regarding the update of the Plan. If the recommendation is to do an update, a follow-up Comprehensive Plan Update Committee could be established by the Town Board. . N / \ / \ r \ Because the review and update of a comprehensive plan is such a significant, complex / ^ and time-consuming task, it is suggested that this fimction, if determined to be a high , > priority, be assigned as the sole responsibility of whatever group is charged with that responsibility, rather than establishing a broader "Planning" or "Commumty Development" Committee, which may have other fimctions and responsibilities. Att. / ^ t S Network/Record Specialist # ^ 2005 Year End I 2006 Goals 2005 year-end Report Website New additions to website: • New Google search feature added to Town Board Resolution page. • "Did you know" -link on homepage that highlights a different page of the Town's website each month • Transportation Plan page • Fail Brush & Leaf Collection page • Enhanced Public Notice and Meeting Calendar page • History Project page • Created a user-friendly PDF of the Town's Local Law, Chapter 270, regarding the Zoning Ordinance • Two top-level menus added {Boards and Departments) to accommodate the growing number of pages on the site. The addition of these two categories has helped to create a more intuitive navigational structure. Network Migrated from Exchange Server 5.5 to Exchange Server 2003 • {Microsoft stopped supporting Exchange 5.5 last year so we upgraded to the latest version; Exchange 2003) Exchange Server is a Microsoft messaging and collaboration product. Basically, it is software that runs on our Town Mali server that enables staff at both locations to send and receive electronic mail and other forms of interactive communications seamlessly; i.e. shared calendar and^ ^ contacts, centralized email services. f Installed new file server at Town Hail • Our five year-old file server was at 93% capacity. The new file server stores 10 times as much data over the old server. {From 40 GB to 438 GB) The old server will be re-employed on the network as redundant storage or in some other fashion to be determined. Complete integration of Town Hail and Public Work Facility networks • The Virtual Private Network {VPN) installed in 2004 gave us an affordable vehicle to connect these two networks. There were a few remaining steps needed to completely integrate both networks. We now have a seamless network connection between the Public Works and Town Hall Local Area Networks. Proactive network security monitoring • Sherpa Technologies is monitoring our network firewalls. Sherpa provides the Network/Record Specialist a weekly review with recommendations. This gives us a proactive approach in which to deal with network security issues. Changed website and mail hosting provider from Myhosting.com in Canada to Clarity Connect. • Clarity Connect provides better customer service and faster response time. Added a new 24-port switch to the Town Hail network that has allowed us to add more computers and devices to our network. General client/server maintenance including antivirus and operating system updates ^ % 2005 year-end/2006 Goals Report Additional Items Town Hall Closure for Records Management Day in February and October • This full workday provides Town Hall staff the opportunity to maintain compliance with NYS Archive guidelines, as well as offering improved customer service and greater efficiency in locating documents. Revising the Town's Record Management Policy and Procedure (last updated over 10 years ago) Continuing Education Received "A" grade for TC3 Spring semester course work in Network Design Workshops: • Using the Internet Effectively for Work Projects • PowerPoint 2003 Level II • Straight Talk • Dealing Constructively with Workplace Conflict and Moving On Goals/Expectations for 2006 Build eight new computers by using old surplus equipment and new components. Upgrade Microsoft Office software from Office 2000 to Office 2003. General client/server maintenance including antivirus and operating system updates Expand Town Hall phone system with new hardware to add four new external lines. • Two lines will be use in the Town Court Office TC3 Fall semester course in Computer Programming Data backup redundancy • In addition to the current nightly backup of the file server, old file server could be employed as redundant backup of "mission critical data". Complete the updated version of the Town's Record Management Policy and Procedure • Work on this policy has stopped until 2006 Committee structure is revised. Hold only one Records Management (Half) Day • As the staff becomes more efficient at incorporating effective records management practices into their day-to-day work. Town Hall may only need to close for a half day per year to allow staff to go through paper and electronic records. i ^ I \ f \ > \ 2005 year-end/2006 Goals Report BUILDING/ZONING ACTIVITY SUMMARY200520042003200220012000199919981997CERTIFICATES OF OCCUPANCY ISSUED199202229ISO184226176132162SIGN PERMITS ISSUED2657 .919892INDIVIDUAL COMPLAINTS INVESTIGATED343651416159636658COMPLAINTS BROKEN DOWNNo Violation Found4Property Maintenance10Building Code12Occupancy1Fill Material0Noise1Zoning Use Violations2Sign Law4Drainage0Open Bum0Parking0Totals34(c( (c::BUILDING/ZONING FIELD INSPECTIONS20052004200320022001200019991998UNIFORM BUILDING CODE872731680635564769706702ZONING ORDINANCE/LOCAL LAWS163166134135195207206159FIRE SAFETY *65611009477848756REINSPECTIONS2140224934543132FIRE OCCURRENCE *4410129122113REINSPECTIONS3787371514TOTAL INSPECTIONS1128100995493288211331066976¨ FIRE SAFETY INSPECTION BREAKDOWNInspectionReinspectionSCHOOL/MUSEUM30CHURCH/PUBLIC ASSEMBLY80RESTAURANT22DAY CARE/GROUP HOME30BUSINESS155MULTIPLE DWELLING PROPERTIES247SENIOR HOUSING11HOTEL/MOTEL/B&B/LODGE31RECREATIONAUCLUB31PROFESSIONAL OFHCE00HEALTH CARE32INDUSTRIAL02TOTALS6521 )}ZONING BOARD OF APPEALS ACTIVITY SUMMARY200520042003200220012000199919981997# OF ZBA MEETINGS121111111212131211# OF ZBA APPEALS464641564840364334 1# OF ZBA APPEALS GRANTED41# OF ZBA APPEALS ADJOURNED5 REPORT OF BUILDING PERMITS ISSUED FOR 2005YEAR TO DATETYPE OF PERMITYEAR#CONST COST200537$7,745,745SINGLE FAMILY RESIDENCES200435$6,704,53620052$277,000TWO FAMILY RESIDENCES2004I$149,700200521$241,984RENOVATIONS200417$498,70220050$0CONVERSIONS OF USE20048$252,300200524$1,124,076ADDITIONS TO FOOTPRINT200422$1,492,050200528$5,675,650MULTIPLE RESIDENCES20040$0200528$28,238,148BUSINESS20049$3,078,50020050$0AGRICULTURAL20042$39,00020050$0INDUSTRIAL20040$0200564$49,840,329EDUCATIONAL200431$12,363,162MISCELLANEOUS200556$653,047CONSTRUCTION200436$388,361TOTAL NUMBER OF2005261$93,923,179PERMITS ISSUED2004161$24,966,401TOTAL FEES2005261$104,664RECEIVED2004161$39,245333 TOWN OF ITHACABUILDING AND ZONINGDEPARTMENT2005 YEAR END REPORT cc(BUILDING PERMITS ISSUED200520042003 1200220011 200019991998NEW HOMES1 & 2 FAMILY3936323022201520TOTAL CONST COSTSINGLE FAMILY AVERAGETWO FAMILY AVERAGE$8,022,745$209,344$191,558$6,854,236$191,558$149,700$5,822,818$179,734$194,000$4,988,000$146,736$200,000$4,060,144$171,549$203,333$3,108,898$160,494$110,000$1,566,600$100,471$160,000$2,544,946$106,781$175,000BUILDINGPERMITS ALLCATEGORIESTOTALTOTAL CONST COSTTOTAL FEES261$93,923,179$104,664161$24,966,401$39,245169$20,424,744$28,815181$32,677,714$44,790155$31,509,268$33,195136$14,614,641$21,640136$18,726,047$24,825142$18,243,337$22,130 Town of Ithaca Civil Service Position Listing Last Updated:11/21/2005 ^ S:Service History on I # of Ion I Posi ons Position/Title Employee Name Jun-95|Town Supervisor Catherine Valentino Feb-01 Deputy Town Supervisor Carolyn Grigorov 6/1995, revised 4/05 Director of Engineering Daniel Walker Jun-95|Director of Planning Jonathan Kanter 6/1995. Pb Wk Dept 4/05 ighway Superintendent red Noteboom Jun-951 Director of Building & Zoning Andrew Frost Jun-951 own Clerk ee-Ann Hunter Feb-01 Receiver of Taxes Deborah Kelley Sep-97|Budget Officer Alfred Carvill Dec-961 Secretary to the Supervisor VACANT 6/1995,revised 5/01 Assistant Director of Engineering Creig Hebdon 6/1995.revised 5/02 Assistant Director of Planning Susan Hitter 10/1996, revised 4/05 Deputy Highway Superintendent Eugene Redman 6/1995, revised 4/05 Water & Sewer Maintenance Supervisor Wayne Sincebaugh 12/1997, revised 4/05 ^arks Maintenance Manager Rich Schoch 6/1995 reclass=5/01 -iuman Resources Manager Judy Drake Nov-051 Senior Code Enforcement Officer KristieRlce Michael SmithNov-971 Environmental Planner 6/1995, revised 7/01, abols 11/05 Assistant Director of Building and Zoning N/A Dec-98|Civil Engineer VACANT Juh-041 Code Enforcement Officer Steve Williams «996=1 i997=+1 Administrative Assistant Gail Kroll VACANT ^^3 17=-1 , ^9= +1 from pre 1995 Working Supervisor Don Ten Kate Rich Ten Kate Jeff Hulbert VACANT May-Oil Senior Engineering Technician Craig Ballard Deborah KelleyNov-961 Bookkeeper to the Supervisor (exempt) 6/95=1,6/96=-1, 11/99=reclsd Sr act cirk to Pm/typlst, 3/00 no typist Principal Account Clerk Connie Clark Jun-951 Senior Account Clerk Typist VACANT 6/95=1,5/96=+1,3/98=-1 1 from pre 1995 Planner Chris Baiestra Nicole Tedesco 6/95=1 reclass=5/01 Heavy Eguipment Mechanic John Williams Jun-951 Engineering Technician Joe Slater Jun-981 Network/Records Specialist Lisa Carrier-Titti Feb-96 Heavy Equipment Operator Larry Salmi Ray Manning Tim Eighmey Jeff Scott Dean May-011 Maintenance Worker Joe Hulbert Betty Poole 6/95=1 .7/01 =+1 12/04= reclass up Court Clerk (Full Time) (Exempt) Linda Fetherbay VACANT 1 from pre 1995 Court Clerk (Full Time) (Competitive) Town of Ithaca Civil Service Position Listing Last Updated:11/21/2005 pivil Service History on Iposition # of Positions Position / Title 0 Employee Name c ^ 6/95=6 2/96 = +2 4 from pre 1995 12 N/lotor Equipment Operator David Boyes ^ Eric Griffin John Shepardson Monty Mouiiiesseaux Donaid (Mike) Beach Matt Lincoin VACANT VACANT VACANT VACANT VACANT VACANT 16/95=3 12/96 = +1 4 Senior Typist Dani Holford Sandra Polce VACANT VACANT 1 Jun-95 1 Jun-95 1 1 Deputy Town Clerk (Expt) (Dpty Recr of Taxes) Deputy Town Clerk (Exempt) Carrie Whitmore John Coaklev Is from pre 1995 3 Deputy Town Clerk (Competitive Ciassification)VACANT VACANT VACANT 1 Jun-95 2 Account Cierk / Typist VACANT VACANT 1 Feb-96 1 Keyboard Specialist VACANT 1 Mar-99 1 Automotive Mechanic Assistant 3emie Morse 6/1995=5 I7/OO =2 abolished |l from pre 1995 4 Typist (part time) (non-competitive)VACANT ' VACANT ( ^ VACANT VACANT |1 from pre 1995 1 Typist (fuiitime)VACANT 16/1995 = 9 k from pre 1995 14 Laborer Henry Eighmey Toby Brown Stan Schrier Jonathan Munson VACANT P/T student:Casey/Kathiene Seasonal - Seasonal - Seasonal - Seasonal - Seasonal - Seasonal • VACANT VACANT l6/95=3 |2from pre 1995 5 Crossing Guard Sue Kula Sara Hymes Jeanette Murray Dan Griffin Linda Besemer (sub) ^ IOTT*!w Ot Onpiti/M^o PrAnaroH h\/ .litHu Dralrp 9/9/900^Pace 2 ^ ^ For 2006 maximum contribution for medical expenses were increased from n $1,000 to $2,000. The number of enrollees increased to 27 out of 70 or 39%. The total elections is $34,753, which saved the Town/SCLIWC $2,659 in PICA and Medicare taxes. WORKERS' COMPENSATION: In 2005 there were five (5) injuries reported to our workers' compensation company (PERMA), and record-able injuries on our PESH 900 log. The injuries resulted in a total of 2 lost workdays and 44 restricted or transitional duty days. The Town received an outstanding score from PERMA on our 2005 annual safety evaluation. The Town's experience rating is .87, the lowest that it can go right now is .78. COMMERCIAL INSURANCE: I continued to work with Charlie Gibson from Ithaca Agency to keep the Town's coverage levels at an appropriate level. There were 7 accidents reported to Selective Insurance by the Town in 2005. 4 have been paid and closed or denied and closed. 2 are still open and pending personal injury litigation. Both of the pending cases are do to people tripping when entering the Post Office. This entrance has been worked on and will see further renovations in 2006. 1 case is marked for loss recoveries, because it involved vehicle accident that was ^ not our fault. 1 claim was a minor tire claim, which was paid out of the risk N retention fund. The only other open claim remains open from 2003, which is do to an automobile accident on Sand Bank Road. Ted Ball, Loss Control Representative - Selective Insurance, met with me to review the claims from 2001 through 2005. Mr. Ball was satisfied after reviewing the claims that there were no large risk issues with the Town. Many of our issues are water main breaks or storm water flooding issues that arise out of no direct fault of the Town. The Town is mitigating those claims by continuing to develop the Town's storm water management program. DIVERSITY: I have represented the Town on the Tompkins County Diversity Consortium. The consortium was developed a few years ago by the Board of Representatives to address diversity issues with employers in the county. Goals of the Consortium are to aid employers in the challenge of diversifying their staff, have a better representation of the community working in community employers, and create a resource list of vendors who actively pursue diverse applicants. An issue that was addressed at several meetings is the need to have a more diversified pool taking and passing civil service exams. As not only the County, City and Towns utilize the exam lists, but so does the schools, TC3 and BOCES. Another "hot ' topic" for employers is the problem with retaining minorities and people of color in ^ positions in rural central New York. WELLNESS/SAFETY AWARENESS: As one part under this big umbrella called Wellness the Town provided the employees with a Wellness Fair in December. At the fair the employees could have their blood pressure, cholesterol and glucose checked, have an analysis of their body flexibility and body fat. Participants could also talk with representatives from Guardian Dental, Blue Cross Blue Shield, EB Solutions (flex spending program), and Nationwide Retirement Solutions. The Town was able to offer flu shots this year. The Cayuga Medical Center was the provider of the flu shots and screenings versus Excellus. The cost was more than previous years, since Excellus no longer provides such services free of charge. Fitness membership reimbursement is the second part of the wellness program. In 2005, 8 employees received reimbursements for enrolling in some type of wellness program. Work was completed on the wellness room in the Public Works Facility. Employees were given 2005 safety awareness calendars and received information sheets on wellness issues monthly. OTHERS ^ ^ Work continued on a regular basis on managing employee benefits such as New York State and Local Retirement, Short term disabilities. Deferred Compensation programs and aiding and assisting Town and SCLIWC staff. Coordinator for the picnic, year end luncheon and other events as requested. Coordinator for the cleaning services for the Town Hall and crossing guards for Dewitt, Northeast and Belle Sherman schools. Report Submitted By: Judith C. Drake, PHR, Human Resources Manager ' ^ ^ ' The committee also worked on Dangerous Intersections for Plow Drivers, ' reviewed status of annual safety training, discussed safety orientation training for new and temporary employees, which includes safety awareness, and many other topics. Town Hall has had successful surprise evacuation drills with participation by Ithaca Fire Department. Town Hall had safety training, which included hands on fire extinguisher training. Kristie Rice and Judy Drake as members of the Safety Committee attended the annual PERMA Conference and Business Meeting. BOARD POLICY AND PROTOCOL COMMITTEE A great deal of time and effort was put forth in 2005 by the Committee to create a manual to be used by the Board members. The manual was designed to be a guide or reference tool for Board members, especially new members. The Board received their first draft in entirety at the end of December. Work will continue in 2006 on the manual. RECREATION AND HUMAN SERVICES COMMITTEE I continue to serve on this committee in a staff support role. EMPLOYEE TRAINING AND DEVELOPMENT: As an essential part of keeping employees affective and interested in their role, training and personal development is always an issue. Training sponsored by the Human Resources Office in 2005 included Drug Free Workplace, Sexual Harassment, Violence In the Workplace and Safety Awareness programs. Programming was arranged for the Public Works Department that won t occur until March 2006. The first program is on Leadership Development for the entire staff and the second program is on Management Development for the 8-10 supervisory level staff. The Municipal Development Group which is comprised of Training and Development Coordinators from Tompkins County, City of Ithaca, Workforce NY and TC3 partnered in 2005 to produce the second year of the Brainteasers Series. The series was designed to bring awareness of different topics in the short 2-3 hour sessions, in which the participants were given additional resources for more information. Topics included Myers Briggs, Civil Service, Wellness & Ergonomics, Using the Internet for Work Projects, Fat Free Business Writing, ADA, Setting Expectations and Providing Feedback, Staying Positive @ Work, Dealing with Workplace Conflict and Moving On, Thinking Styles, Managing Multiple Projects, Attitude Matters - Stress Management. Most of these sessions rwere attended by Town staff. The total cost to the Town as part of this Brainteaser Program was $900. As for the H.R.'s office development I participated in the following seminars in 2005; monthly training/meetings of the Society for Human Resource Management of Tompkins County and some of the Brainteasers mentioned above. On a professional basis I served on the Society of Human Resources Management of Tompkins County Board of Directors as Treasurer and Member Chair and served as a municipal representative on the United Way Allocations Committee. INSURANCES: HEALTH / DENTAL INSURANCE: In 2005 the Town's health insurance was with Exceilus BlueCross/BlueShield Blue PRO for the third year. This plan is an experience rated plan, which means the premiums are in relation to claims paid. In 2003 and 2004 the Town experience was heavier on the claims paid than premiums paid, however that changed for claims paid in 2005 with only an 80% loss ratio. The renewal for 2006 was a 7.6% increase over 2005. There were no plan design changes made for the renewing contract. The Town remained with Guardian for dental insurance for the fouth year. For / ^ the 2006 renewal there was an increase of 17% due to 89% claims paid to premiums ratio. There were no plan design changes made for 2006. This insurance remains to have very low participation, because it is a voluntary 100% paid by employee plan. Premium history information from 1995 can be provided for both health and dental insurance. I have continued to participate with the Intermunicipal Cooperative Insurance Sub-Group, which is looking into the viability of one municipal cooperative health insurance plan. FLEX SPENDING PROGRAM: Flex Spending was added as an additional benefit for 2005. There was a great turnout for enrollment for a new program with 24 participants out of the 67 eligible. Over $20,000 was set aside through the program, which saved the Town over $1,500 in FICA and Medicare expenses. This savings more than paid the monthly expense of $3 per participant. The plan was amended part way through the year as a result of IRS regulation changes that allowed dates of service to e)dend beyond the calendar year by 2 Vz months. N HUMAN RESOURCES OFFICE 2005 ANNUAL REPORT CIVIL SERVICE: The Town has maintained compliance with civil service and has received approved Payroll Certifications, as required by Law. As of the end of the year, there was one position filled by provisional appointment, Nicole Tedesco, Planner - temporary until 12/31/06. There were 2 vacant positions that will be filled in 2006: Laborer and Civil Engineer. There were 3 employees on probation; Kristie Rice, Sr. Code Enforcement Officer, Steven Williams, Code Enforcement Officer and Linda F^herbay, Cojjrt Clerk. Andy Frost, Director of Building and Zoning, was on paid vacation leave waiting retirement date of January 11, 2006. Turnover ratio is determined by dividing the total number of employees-who resigned, terminated or retired by the total number of actiye positions. The Town's turnover ratio for 2005 was 7% or 4 out of 56. The 56 employees include /•iK 4 part time crossing guards. Compared to: 2004's 7%, 2p03's 0%, 2002's 4%, 200rs 6%, 2000*s 13%, 1999's 14%, 1998's 11% and 1997's 11%. S.C.L.LW.C. experienced 0 out of 19 or 0% for 2005, 0% in 2004, 6% in 2003, 6% in 2002, 6% in 2001, 11% in 2000, 17% in 1999, 0% in 1998 and 17% in 1997. During the year the following changes occurred: • New positions created: Sr. Code Enforcement Officer, Project Assistant (10) for the youth work initiative. • Title Changes: None • Positions abolished: Assistant Director of Building and Zoning • Position reclassified: Automotive Mechanic Assistant "J" to "K" • Job Descriotion Revisions: Do to changes from Highway Department to Public Works Department and the abolishment of the Building and Zoning Department: Director of Engineering, Code Enforcement Officer, Highway Superintendent, Deputy Highway Superintendent, Parks Maintenance Manager & Water and Sewer Maintenance Supervisor. • Promotional Appointments: Kristie Rice to Sr. Code Enforcement Officer. • New (or re-1 hires: Linda Fetherbay, Court Clerk, Dan Griffin, Crossing Guard, Lee Baker, Laborer. Several work initiative students through the Recreation and Youth Coordinator. • Miscellaneous: Temporary Laborers were hired at Highway for the summer workload. Part time youth were hired during the summer to work on special n projects at Town Hall. Justice Burin from Town of Lansing was appointed as ^ ^ Interim Justice filling in for Justice Larkin. / • Resionations: Lee Baker, Laborer • Terminations: Cindy Vicedomini, Court Clerk. • Lav offs: None • Retirements: Justice Clarence Larkin, effective 12/31/05. See attached listing of positions as classified with Civil Service. PERSONNEL COMMITTEE: The Personnel Committee met six times throughout the year to review Personnel Policy issues that were brought up for discussion. Modifications or additions to the Personnel Manual were approved by the Town Board and Commission throughout the year. The Committee work for 2005 included reviewing the approved SCLIWC union agreement for 2005-2007 for changes that would need to be addressed in the Town/ SCLIWC Personnel Manual. Those changes were to the following sections; Holidays, Holiday Pay, Call-Back Time, Overtime, Health Insurance / ^ Buyback, Uniforms and On-Call Pay. Changes to the Manual that were recommended by the Personnel committee and later approved by the Board include the following sections; Personal Time, NYS & Local Retirement System; Holidays, Attendance at Sponsored Functions and created sections on Employee's Survivor Health Insurance Coverage and Flexible Spending Program. The committee also reviewed, discussed and heard comments from staff on the Town's 2006 Wage Scale and 2006 health insurance quote. SAFETY COMMITTEE: The committee's responsibility is to identify and resolve safety and health issues in the workplace. The committee reviewed accident reports and made suggestions to correct problems, in hopes to alleviate any future accidents. The committee reviewed loss run reports from PERMA to become familiar with the cost associated with accidents. The committee reviewed the annual workers' compensation billing so that they had a better understanding how it is computed and what the effect of accidents is on the cost to the town. ( \ Town of Ithaca Civil Service Position Listing 11/21/2005Last Updated: ^ ^ervice History on ion Employee Name VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT History grant- D.George Seasonal Ben Hebdon VACANT VACANT VACANT Mamie Kirchgessner Laura Johnson-Kell PosltlorWTjtje inning Intern (Temp-emths-NonCom reject Assistant (Temp 6 mths NonComp) Positions Sep-95 May-03 =eb -05 +10 (youth prgm) Enqineerin Junior Plannerre 19951 from art time non-comOfficerZoninre 19951 from Enumeratorre 19951 from Recreation and Youth CoordinatorDec-03 art timeHistorianJun-95 11/98=1 11/99=recls to Prin Senior Account ClerkAcct CIrk T 6/95=1,10/96=-1 Enoineerin3/99=+1 Abolished 3/99 Cleaner6/95=1 abolished 7/00 Wt positions must be budgeted and approved In order to be filled.positions are Competitive Civil Service positions unless otherwise indicated in (). positions are full time positions unless otherwise Indicated In (). 2006 Work Priorities for the Human Resources Office: Finish the Board Policy and Protocol Manual Reproduce and distribute Personnel Manual to all employees (every 3 years) Work with Board and Justices on Constable position, if desired Salary Survey Work with Municipal Group on County Wide Health Insurance Plan Work with Town Clerk on Dog Enumeration Defensive Driving Course for Town Hail staff (every 3 years) ^ \ 18 21 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 Cowey, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator 2005 Annual Report to Board On November 30,2005 Sandy Gittelman lead the Recreation and Human Services Committee on a discussion of the accomplishments and goals of the Committee for 2006. The Town of Ithaca has established and valuable relationships providing developmental and recreational services to its residents; for youth through programs recommended by the Joint Youth Commission and the recreation partnership; for adults (primarily self defined senior citizens) Lifelong. ! The Town, a doughnut around the city and contiguous to seven of the eight other townships in Tompkins County, contains residents who identify with the urban, suburban and rural lifestyles. After development of a mission statement the committee conducted a survey of Town residents. The survey was a good faith effort, broad in scope in which it was learned that more targeted goals to obtain specific planning/need assessment information were needed. Generally the Town's investment in neighborhood parks and trails was supported and appreciated by respondents. The benefit of this endeavor is we learned that activities could be self-directed for utilization at ones own convenience. The broader Ithaca Community has many recreational options. Interestingly the word recreation means, "to restore to health" leading one to conclude it is essential for one's well-being. With the creation of the committee, the hiring of staff, conducting and analyzing the survey the Town is attempting to determine next steps supportive of maintaining quality of life issues while balancing fiscal realities. Where the town has enjoyed financial stability broader economic factors are now impacting on that picture. To that end the Town, to maintain for its constituents expected services, must be creative and considered about how to proceed. To that end as recreation and youth coordinator, in addition to continued support for current, effective program opportunities, the following activities for the position to support the work of the committee were agreed to. • Continued and expanded partnerships/ collaboration with organizations such as Lifelong, Longview and Tompkins County Public Library to provide specific opportunities for Town residents • Additional exploration and pursuit of grant funds and other resources to support activities • Expansion of student work initiative to contain community service projects including the ' ^ adopt-a-park/road concept if implemented by board. • Coordination of use of Tutelo Park and event planning as a community building activity • Ongoing evaluation of current and developing programs c \ • Support municipal activities that build community identity such as the current history ^ ^ project • Continued networking by attendance at open meetings related to work activities • Liaison with various departments whose activities interface with program considerations • Attendance at public meetings, training and functions related to work activities. • Continued delivery of student work initiative and all of its components with ongoing recruitment of additional sites • Exploration of new program activities and opportunities An annual report for 2005 specific to the Student Youth Initiative was provided to the board in January, 2006. Committee Goals for 2006 are: Move ahead with park map effort Continue growth of youth employment program Investigate Community Foundation (initially A1 and Cathy) as an option for donor support of recreation activity/ components Consider appropriateness of possible corporate support of same Explore additional options on how to fund including cooperative sponsorship that has been proven effective in other communities such as Scottsdale, Arizona Possible review of fee structure and/or priority use of community park (Tutelo) Plan for opening of Tutelo Park and utilization of celebrations grant Outreach to bring more residents of all ages into building and educate them on the "process" of government and how to be effective in communicating with their municipal officers (Suggestions of classes, presentations such as the budget power point done for board, internet, and media articles.) • Implement policy on adopt a park/road to build on neighborhood community structure • Appreciate fiscal and structural considerations on program expansions • Review Park, Recreation and Open Space Plan for implications on possible "forever" wild property acquisitions and naming process • Consideration of possible "Good Neighbor" Award effort The accomplishments of the committee were determined as: • Reviewed and evaluated current methods of program delivery and determined collaborative efforts with current partners such as Lifelong, the recreation Partnership and the Joint Youth Commission were cost effective and beneficial to its residents • Hired a Town Historian who was active on the Recreation and Human Service Committee; engaged in 2 primary projects (History project and content for Tutelo Park signage) and formed a Town History Committee (See attached mission statement provided to the Committee)r \ ' \ / • Completed a survey of the Town to understand community issues regarding recreation service delivery • Began a youth employment program delivered "in-house" and financially supported by Town • Assessed other community resources such as the availability of students from Ithaca Colleges School of Recreation and Leisure Services as possible resources for supporting activities identified by the committee. • Stimulated community awareness of the quality of life issues of recreation by the survey, media releases and articles in the Town's Newsletter • Initiated new programming such as Senior Softball with ongoing partners of the Town Support of the position of recreation and youth coordinator acknowledges planning, organizing, implementing and administering all aspects of a recreation program for all ages and development programs for youth in the Town has value for the quality of life of Town residents. The position will continue to work with stakeholders to continue to implement priorities. f \ 2005 Annual Report of the Town Historian, Town of Ithaca Prepared by Laura W. Johnson-Kelly, Town Historian 2005 Summary Town history projects really took off during 2005. For the first time, the Town was able to hire student researchers under a NYS archives grant to undertake research on early Town history, based on working with primary materials from the Town of Ithaca archives. The students have transcribed many pages of the early Town board meeting minutes and have begun preparing front lobby displays. During 2006, they look forward to producing informational brochures about Town history detailing the results of their research for the public. Collaboration with the Tompkins County Municipal Historians group has also resulted in plans to produce other brochures to educate the public about local points of interest. Tutelo Park, the Town park commemorating the Native American presence in our area, has also been a focal point of effort during 2005. Meetings with Town public works officials have achieved consensus on the physical logistics of interpretive park signage, and the Historian has been working in collaboration with Tutelo scholars and local academics to draft appropriate sign content. As described below, Tutelo Park will \ continue to be a focd point of the Historian's time and energy during 2006. In addition to the above mentioned activities, the Town Historian has been an active and regular member participant of the following committees/groups: • Tompkins County Municipal Historians • Finger Lakes (Ithaca) Chapter of the NYS Archaeological Association • Town of Ithaca Recreation and Human Services Committee • Town of Ithaca History Committee (established in 2005) The Town of Ithaca staff historians in calendar year 2005 were Laura W. Johnson-Kelly, Town Historian, and David George, Assistant Town Historian/Local History Youth Program Coordinator. The students involved in the local history research project were Florence Baveye, Teegan Kehoe, Rebecca Pollack, Irene Koplinka- Loehr, and Ben Glosenger. Plans for 2006 • Finalize historical signage for Tutelo Park in time for the park's grand opening (probably in conjunction with the annual Native American event in late September), to be funded by a Celebrations grant. • Mount displays in the front lobby with the aid of the youth involved in the > local history project. Complete brochures funded by the localhistory youth project grant (early / ^ years of the Town, etc). r Complete the Town of Ithaca historical highlights/tourism brochure (one in a series of Tompkins County tourism brochures to be funded by Celebrations grants). f ) t / \ > ^ H TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 239 OF THE CODE OF THE TOWN OF ITHACA ENTITLED "TAXATION" REGARDING A HISTORIC BARN EXEMPTION Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Monday, January 30, 2006 Date of Publication: Wednesday, February 1, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 7^^ day of February, 2006 fftw inifdW) Notary Public CARRIE WHITMORE Notary Public, State of New York ^ No. 01WH6052877 ^ , ^ Tioga County v /)/j(j) Commission Expires December 26. TOWN OF ITHACA NOTICE OF PUBUC HEARING NOTICrTS^ffRESYGIVEN, that ihe Town Boord of ihe Town of Ithaco wilt hold o public hearing at 7:00 p.ni. on the 13th doy of February 2006 at Town Hall, 215 North Tioqa Street, llhocc. New York, for the purpose of consider ing a proposed local low amending Chapter 239 of the Code of tne Town of Ithaca entitled "Taxoflon" re garding 0 historic bam ex emption. A copy of the pro posed Local Law is on file at the Town Clerk's Office ond available for review during regular office hours,. Mon day through Friday 8 a.m. to 4 p.m.; and FURTHER NOTICE IS HEREBY GIVEN, that of such time and piece all persons Interested in the proposed locol low may be heord corv cerning the same; and FURTHER NOTICE IS HEREBY GIVEN, that indi- viduols with visual or heor- ing impairments or other special needs will be provid ed with assistance as neces sary, upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the pub lic hearing. Dote: January 3^^,2006 —• Tee*Ann Hun^r To^iilerk -2^06 February 13, 2006 Town Board Meeting ATTACHMENT §7 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompklns County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) L Applicant/Sponsor Town of Ithaca Town Board 2, Project Name Local Law Amending Chapter 239 of the Town of Ithaca Code, Titled "Taxation" by adding Article V, titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act". 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) N/A Tax Parcel Number: N/A 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Local Law) 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 239 of the Town of Ithaca Code, titled "Taxation" by adding Article V, titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act". This amendment would provide for partial exemption from property taxes for certain improvements to real property for the purposes of removal of architectural barriers for persons with disabilities. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) s Amount of land affected: N/A itially (0-5yrs) Acres (6-lOyrs) (>10yrs) Acres How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A Yes NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_ If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino, Supervisor, Town of Ithaca Signature and Date: / ^ February 13, 2006 Town Board Meeting ATTACHMENT #6 YORK STATE DEPARTMENT OF 41 STATE STREET, ALBANY, NY 12231Local Law Filing new york state department of state A (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. -€6«nty-. of ITHACA Town ^lage Local Law No. of the year 20-9.?. A local law ..AMMP.ING. CMPTER..239. OF. THE.. TOM„PF„ J.TMQA„CPM (Insert Title) ...'ITAXATIQN!'. Be it enacted by the TQWN.-BOARD of the (Name ofLegislative Body) CJuuiity of ITHACA as follows: Vttiage SEE ATTACHED PAGES 1-3 DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) ^J^Ca^y iocai Saw cosiiceriiimg Charter revisiom proposed by petition,) r Veby certify that the local law annexed hereto, designated as local law No of 20 ^ i]" V/'' ■" •"","7 having been submitted to referendum pursuant to the provisions ofV ,ion (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of thequalified 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 the preceding local law with the original on fi le in this office and that the sameis a correct transcript therefrom and of the whole of such original local law, and was fi nally adopted in the manner indicated in paragraph L , above. ^ ^ —\ w-1 L V\; 'Oj 1 115"ClulLuf iLc Cuuiriy togtalativc bedyr-C^r, Town onASHage Clerkor ofGcer designated by local legislative b<xly ^0 Date: FEBRTTARY 16. 2006 (Certification to be executed by County Attorney, Corporation Counsel, Tawn Attorney, Village Attorney or Other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Bytrclc. Title tillage County Date:02-1 nloC. (3) (Complete the certMcallofli ia the paragraph that applies to the filing of this local law and strike oyt 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 -3. of 2(0® ■"FEE"" 13 •'y 'he'(Nansliusia^ma'adli 'li® applicable provisions of la w. 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 20of the (County)(City)(Town)(Village) of was duly passed by the ^ (epprovedXnot approvedXrepassed after disapproval) by the - and was deemed duly adopted on 20 (Elective Chief Executive Officer*) ' in accordance with the applicable provisions of law. (Final adoption by referendum.) r Veby certify that the local law annexed hereto, designated as local law No of 20 , he (CountyXCityXTownXVillage) of was duly passed by the (approvedXnot approvedXrepassed after disapproval) by the---- on 20 Such local law was submitted (EUcttve Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority ofthe qualified electors voting thereon at the (general)(special)(annual) election held on 20— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was fi led requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20of the (County)(City)(Town)(Village) of was duly passed by the (approvedXnot 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. {, active Chief Executive Officer means or includes the chief executive officer of a county elected on a county-.de basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, orthe supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 2006 TAX COLLECTION RECEIVER OF TAXES ^ X MONTHLY REPORT , , AS OF JANUARY 31,2006 TOTAL NO. OF TAX BILLS ON WARRANT: 5190 TOTAL TOWN WARRANT (LEVY): $ 5,388,47431 01/31/06 FINAL PAYMENT; TOWN OF ITHACA SUPERVISOR $ 5,388,474.31 TOTAL WARRANT BALANCE DUE: S SMfi MKCFI I. ANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR: 01/31/06 JANUARY INTEREST RECEIVER'S CHECKING ACCOUNT $ 2,057.25 02/28/06 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN APRIL) $ 0,000,000.00 03/31/06 MARCH PENALTIES (PAID TO SUPERVISOR IN APRIL) $ 0,000,000.00 TOTAL TOMPKINS COUNTY WARKANT: $ 7,162,526.06 01/01/06 1^"^ PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 0,000,000.00 01/01/06 2^° PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 0,000.000.00 ''^1/06 3^ PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 0,000,000.00 ^ oANCE DUE TOMPKINS COUNTY WARRANT: $ 7,162,526.06 MKrFT.r.ANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE: > \ RECEIVER OF TAXES2006 ACCOUNT REGISTERTOTAL WARRANT AS OF 1/1/06$5,388,474.31DEPOSIT JOURNAL # 1$137,434.56Deposit over 98.54 B # 3763DEPOSIT JOURNAL #2$374,985.25DEPOSIT JOURNAL #3$161,846.19REFUND BILL #3763$(98.54)CK#722DEPOSIT JOURNAL #4$126,791.35Deposit over 30 centsDEPOSIT JOURNAL #5$268,920.43Deposit over 63 centsDEPOSIT JOURNAL #6$177,706.97Deposit over 1446.60REFUND BILL #4202$(300.00)OK #723PAID TOWN SUPERVISOR$(1,146.60)In lieu of taxes - Emerson - dep # 6DEPOSIT JOURNAL #7$157,329.28DEPOSIT JOURNAL #8$222,926.36Deposit 30 cts shortDEPOSIT JOURNAL #9$171,088.94DEPOSIT JOURNAL #10$437,201.70deposit over 13.82DEPOSIT JOURNAL #11$333,056.57DEPOSIT JOURNAL #12$311,187.12Deposit over 25.23REFUND BILL #1355$(25.23)OK #724DEPOSIT JOURNAL #13$217,313.48DEPOSIT JOURNAL #14$506,490.64Deposit over 5 centsDEPOSIT JOURNAL #15$449,541.40Deposit over 2520.15 - CFCU bankcodeDEPOSIT JOURNAL #16$317,965.36Deposit over 71 centsREFUND BILL # 1339 CFCU$(2,520.15)CK# 725DEPOSIT JOURNAL #17$482,941.81Deposit over 1.21DEPOSIT JOURNAL #18$1,599,962.25First American BankcodesDEPOSIT JOURNAL #19$2,759.80Deposit over 103.66 - due to Town of EnfieldREFUND TOWN OF ENFIELD$(103.66)CK#726DEPOSIT JOURNAL #20$401,468.87Deposit over 1 centDEPOSIT JOURNAL #21$460,895.67DEPOSIT JOURNAL #22$1,472,269.54Deposit over 2.52PAID TOWN SUPERVISOR$(5,388,474.31)EFT - 2006 Full warrant paymentINSUFFICIENT FUNDS B # 3337$(2,177.45)BANK CHARGE NSF B # 3337$(10.00)DEPOSIT JOURNAL #23$864,924.28Tompkins Trust Company Bank CodesDEPOSIT JOURNAL #24$771,266.39Deposit over 3,157.21REDEPOSITED NSF B # 3337$2,192.45JANUARY TOMPKINS INTEREST$2,057.25Interest from checking account-to be paid to supervisor in April REFUN^ J2787DEPOSi. -j5uRNAL # 25DEPOSIT JOURNAL #26REMOVE FRACHISE PAYMENTDEPOSIT JOURNAL # 27DEPOSIT JOURNAL #28DEPOSIT JOURNAL # 29TOTAL IN CHECKING ACCOUNT)(3,157.78) OK #728312,257.56 Deposit ovei326,709.65 Franchises are paid to Tompkins County Budget and Finance Dept(326,709.65) Town does not get money - just records payment$ 5.346.767.75 AS OF 2/1/06TOWN OF ITHACARECEIVER OF TAXES2006 SETTLEMENT OF MONEYJanuary 31,2006TOWN OF ffHACA WARRANT$ 5.388.474.31 TO BE COLLECTED FOR 2006 TAX YEARpn TOWN SUPER FINAL PAYMENT $ {5.388,474.31) CHECK # 727 - FINAL PAYMENT OF TOWN WARRANT$ n TOTAL PAID TO TOWN SUPERVISOR 1/31/06Page 2 February 13, 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 PART 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 239 of the Town of Ithaca Code, Titled "Taxation" by adding Article VI, titled "Historic Barn Exemption". 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) N/A Tax Parcel Number: N/A 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? _X_ (Amendment of Local Law) 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 239 of the Town of Ithaca Code, titled "Taxation" by adding Article VI, titled "Historic Barn Exemption". This amendment would provide for partial exemption from property taxes for the reconstruction or rehabilitation of historic bams. For the purposes of this article, an historic barn shall mean a structure that was at least partially constructed before 1936 and that was originally designed and used for storing farm equipment or agricultural products, or for housing livestock. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) ^ Amount of land affected: N/A (litially (0-5yrs) Acres (6-IOyrs) (>10 yrs) Acres How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A Yes NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE V Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor. Town of Ithaca Signature and Date: II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) . Does proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617.4 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. ti. 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: This will encourage the rehabilitation of historic barns in agricultural areas and will help to preserve the character of the community and strengthen the economic viability of farming. 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: •v None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity' or type of enei^) 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 addressed. 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 ame & title of Responsible Officer In Lead Agency ignature of Responsible Officer in Lead Agency irVr's Sienaturedf different from RePreparcr's Signature(If different from Responsible Officer) DATE; Signature of Contributing Preparer [ TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION." Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 of the Town of Ithaca Code, titled "Taxation," is hereby amended by adding Article VI, titled "Historic Bam Exemption", as follows: "Article VI Historic Barn Exemption § 239-20. Statutory authority. This article is enacted pursuant to § 483-b of the Real Property Tax Law of the State of New York, as amended through Chapter 759 of the Laws of 2005. f \ § 239-21. Grant of exemption; conditions. A. Pursuant to the provisions of § 483-b of the Real Property Tax Law of the State of New York, historic bams located in the Town of Ithaca which are reconstmcted or rehabilitated shall be partially exempt from general municipal taxes to the extent provided hereinafter. For the purposes of this article, an historic bam shall mean a stmcture that was at least partially constmcted before nineteen hundred thirty-six and that was originally designed and used for storing farm equipment or agricultural products, or for housing livestock. B. Historic bams shall be exempt for a period of one year to the extent of one hundred per centum of the increase in assessed value thereof attributable to such reconstmction or rehabilitation and for an additional period of nine years subject to the following: (1) The extent of such exemption shall be decreased by ten per centum of the "exemption base" each year dming such addition^ period. The "exemption base" shall be the increase in assessed value as determined in the initial year of the term of the exemption, except as provided below. (2) In any year in which a change in level of assessment of fifteen percent or more is certified for a final assessment roll pursuant to o the rules of the State Board of Real Property Services of the State \ ofNew York (or any successor agency), the exemption base shall ^ ^ be recalculated and the exemption shall be recomputed as described in § 483-b of the Real Property Tax Law of the State of New York. C. No such exemption shall be granted for reconstruction or rehabilitation unless such reconstruction or rehabilitation was commenced subsequent to the effective date of this article. D. No such exemption shall be granted to an historic bam which is receiving an exemption pursuant to §483 of the Real Property Tax Law of the State of New York or which has received an exemption pursuant to that section within ten years of the date of the application for exemption filed pursuant to this article. E. No such exemption shall be granted to an historic bam which is used for residential purposes. r \ F. No such exemption shall be granted for rec6nstmction and rehabilitation expenses that materially alter the historic appearance of the bam. G. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions and limitations set forth in § 483-b of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. § 239-22. Application for exemption. Such exemption shall be granted only upon successful application by the owner or all the owners of such bam on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency). The owner or owners shall furnish the information and execute the forms in the manner required or prescribed in such forms and shall file such forms in the Tompkins County Assessment office on or before the appropriate taxable status date. Such exemption shall be granted only if the appropriate assessing authority approves the application. §239-23. Applicability. This article shall apply to assessment rolls prepared after the effective date of this article on the basis of taxable status dates occurring on or after March 1, 2006." ; ^ ^ Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. . / > PART n - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 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. i^C6. Long term, short term, cumulative, or other elTects not identified 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 addressed. 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 Prepar^'s Signature(If different from Responsible Officer) Catherine Valentino, Supervisor ime & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: j) / ] 3 j L> .gnature of Responsible Officer in Lead Agency ' Town Board Meeting February 13, 2006 ATTACHMENT #8 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 — Local Law Filing (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. ITHACA VHtege- 4 Local Law No. of the year 20. A local law AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, (Insert Title) TITLED "TAXATION" Be it enacted by the of the (Name of Legislative Body) CouHty City -Tbvvii Village- City p ITHACA - „„ ^ of as follows: -itrwir SEE ATTACHED PAGES 1-2 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. 4 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION." Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 of the Town of Ithaca Code, titled "Taxation," is hereby amended by adding Article V, titled "Exemption for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act", as follows: "Article V Exemption for Certain Improvements to Property Made Pursuant to the Americans with Disabilities Act §239-16. Statutory authority. This article is enacted pursuant to § 459-a of the Real Property Tax Law of the State of New York, as amended through Chapter 759 of the Laws of 2005. § 239-17. Grant of exemption; conditions. A. Pursuant to the provisions of § 459-a of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca that is altered, installed or improved pursuant to the Americans with Disabilities Act of 1990 for the purposes of removal of architectural barriers for persons with disabilities in existing property shall be partially exempt from general municipal taxes as hereinafter provided. Such alterations, installations or improvements to such real property shall be exempt pursuant to the following exemption schedule: YEAR OF EXEMPTION PERCENTAGE OF EXEMPTION 1 50 2 45 3 40 4 35 5 30 6 25 7 20 8 15 9 10 10 5 B. No exemption shall be granted for alterations, installations or ' ^ improvements unless such alterations, installations or improvements were commenced subsequent to the effective date of this article. C. Notwithstanding the foregoing provision, if such alterations, installations or improvements were commenced prior to the effective date of this article, such alterations, installations or improvements may receive an exemption pursuant to the exemption schedule of this section for the remainder of the authorized period of exemption as if such alterations, installations or improvements had been commenced on or after such effective date; provided, however, the property shall not be eligible for refunds of property taxes paid prior to the effective date of this article. D. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions and limitations set forth in § 459-a of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. I § 239-18. Application for exemption. ^ I \ Such exemption shall be granted only upon successful application by the owner or all the owners of such building on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency). The owner or owners shall furnish the information and execute the forms in the manner required or prescribed in such forms and shall file such forms in the Tompkins County Assessment office on or before the appropriate taxable status date. Such exemption shall be granted only if the appropriate assessing authority approves the application. §239-19. Applicability. This article shall apply to assessment rolls prepared after the effective date of this article on the basis of taxable status dates occurring on or after March 1, 2006." Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. (Complete the certlficatioBa lij the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I \ (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No .4 of 20 of the (^unty)(eity)(Town)(VtHage) of IXHACA was duly passed by the on.EEB^..13... 20Q6, in accordance with the applicable provisions of law. 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)(Village) of was duly passed by the W777.V7777;; (''PProved)(not approved)(repassed after disapproval) by the - and was deemed duly adopted on 20 (Elective Chief Executive Officer*) ' in accordance with the applicable provisions of law. ^,4^(Final adoption by referendum.) 'jreby certify that the local law annexed hereto, designated as local law No of 20 he (County)(City)(Town)(Village) of was duly passed by the ..',7i7/«77.7a7/ (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 (niandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annuai) election held on 20— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the (approved)(not approved)(repassed after disapproval) by the^----..^^^^ on 20-. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20... , in accordance with the applicable provisions of law. ctive Chief Executive Officer means or includes the chief executive officer of a county elected on a county- Je 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 ofTicer is vested with the power to approve or veto local laws or ordinances. (2) S. (City iocal law cosjcerniMg Charter revisiosi proposed by petition,) i ^reby certify that the iocal law annexed hereto, designated as local law No. of 20 he City of - - having been submitted to referendum pursuant to the provisions of ion (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^unty of —- — State of New York, having been submitted to the electors at the General Election of November 20-—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualiHed electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was tinally adopted in the manner in dicated in paragraph—-L , above. _ —y v ' 'ic 0,. W n Clerk of tbcCoanty legiolativo-bo<^,City, Town or Villago-Clerk or officer designated by local legislative body al) FEBRUARY 16. 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 TOMPKTNtS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. >>W(A Signature Title County ITHACA ipwj Village Date: ^ (3) TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 239 OF THE CODE OF THE TOWN OF ITHACA ENTITLED "TAXATION" REGARDING EXEMPTIONS FOR CERTAIN IMPROVEMENTS TO PROPERTY MADE PURSUANT TO THE AMERICANS WITH DISABILITIES ACT Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Monday, January 30, 2006 Date of Publication: Wednesday, February 1, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 7^^ day of February, 2006 [' dMu likdha^ Notary Public ^ CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 Tioga County ^^ Commission Expires December TOWN OF ITHACA NOTICE OF PUBUC HEARING y NOTICE IS HEREBY GIV^N, >^01 Ihe Town BMfdol [lie TbwnoMf^^ hold a pob!ic~~he3nng ot 7115 p.ni. on the 13th day of February 2006 ol Town Roll, 2 lo North Tiogo Sfreef, llhoco. New Yor, for the purpose of consider ing a proposed local law emending Chapter 239 of the Code of Ine Town of Ithaco enHHed 'Toxolion" re garding exemptions for cer tain improvements to proper ly modd pursvonl to tf>e Americons with Disabilities Act, A copy of the pro posed Locd Low is on hie at the Town Ci^'s Office and available for review during ^ulor office hours, Man- My through Fridoy 8 o.m to p-m.; end NOTICE l<5 that of suchhrne and place oH persons ,s Ihof indi-yrduals with visual or hear- 'ng .'mpairments or other ^'ol needs will be provid-^^'ilh ossistanceosneces- dSn^" Personsoes'fng ossisfonce must ji®°Jf"«ttofheTown . i'®" ^8 hours Dote: Joriuo7 30, 2006Tee-Ann Hunter TOW Cleric 2/1/06 February 13, 2006 Town Board Meeting ATTACHMENT #9 4^ ITHACA TOWN COURT " frCTl DAVID L KLEIN, JUSTICE 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us Linda Fetherbay Phone: 607-273-0493 Court Clerk Fax 607-275-0728 February 1, 2006 Annual Report for David L. Klein - Town of Ithaca Court II for 2005 Cases; Number of cases closed 2098 Number of cases open 2494 Arraignments for other courts 14 Charges transferred to County Court 13 Total cases 4619 Fines and Fees: Criminal, Motor Vehicle $137,218.00 Surcharges 76,410.00 Civil, Cert. Of Disp., Small Claims Court & Bail ' Poundage 1208.50 ^ * Sent to State Comptroller $214,836.50 (actual) Bail Received: $ 10,700.00 Additional Activities: Probation given; Bench Trials held; Preparation for Jury Trials; Arraignments held. Dismissals granted; Bail Monies returned; Motion Hearings held; Weddings conducted; Arrest Warrants issued; Orders of Protection issued; Conditional Discharges given; Small Claim Trials held; Certificates of Disposition issued; Commitments for Imprisonment issued; Eviction Proceedings and Hearings held. Itted,ectfullws 'DAVID L. KLEIN Town Justice TOWN OF ITHACA COURT CLARENCE LARKIN, TOWN JUSTICE 215 N. TIOGA STREET ITHACA, NY 14850 January 23, 2006 RE: YEARLY REPORT TOWN OF ITHACA COURT CLARENCE LARKIN, JUSTICE WILLIAM BURIN, INTERIM TOWN JUSTICE Activity for Justice Larkin's part of the Town of Ithaca Court for 2005 is as follows: Number of cases closed: 1141 Number of Cases opened; 1718 Arraignments for other Courts 14 Charges Transferred to T.C. County 22 Pending Cases - (Includes Scofflaws) 1762 Judge Wallenbeck's Scofflaws 265 FINES AND FEES Criminal, Motor Vehicle $ 79,665.00 NYS Surcharges 42,031.00 Civil Charges 2,055.50 Bail Poundage 232.50 TOTAL REMITTED TO TOWN OF ITHACA S123,984.00 Bail Received $ 17,100.00 Bail Forfeited -0- ADDITIONAL ACTIVITIES Arrest warrants and Bench warrants issued; search warrants issued; orders of protections issued; conditional discharges; probation inquiries and documentation; jail terms; bench trials; jury trials; motion hearings; felony preliminary hearings held; small claims trials; summaiy proceedings and waiTants of evictions; arraignments for other courts; certificates of dispositions; Cayuga Heights cases where Judge recused himself; case researching; processing of scofflaws; decisions written; legal research, pre trial hearings, annual budget processes, implementing on-line access to various web sites and implemented Windows Version of Court program. Respectfully subi \,JpJLUjaurr^ William Burin, Interim Town Ju^ice February 13, 2006 Town Board Meeting TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us attachment #10i^elN;DA#l 1 TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 PUBLIC WORKS FACILITY (Roads, Parks, Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 or (607) 273-5854 MEMORANDUM TO: Town Board FROM: Judith C. Drake, PHR, Human Resources Manager DATE: February 8, 2006 SUBJECT: Hiring a Constable During the budget season last year there was a request from Justice Klein to budget for a Constable ^rikcourt. I have recently met with Justice Klein and Justice Salk, to discuss the Constable position ner. At this time Justice Klein has continued interest in the Town funding and hiring a Constable his Wednesday night court. Justice Salk is comfortable with not having a constable during his jrt sessions, but may want to revisit it in the future. Attached is a copy of Justice Klein's remarks ing Persons To Be Heard in October, 2005. According to law a Town of the first class that does not have a police force may appoint a Constable. The powers and duties of such constable are defined under law. If further duties are desired by the Town Board than a local law would need to be done. If the Town decides to create the constable position as independent contractor the cost for the 1 court is estimated between $5,500-8,000 annually depending on the number of hours court is in session and the hourly rate. Lansing has contracted services at $55 per hour. Sheriff deputies as of 9/1/03 were paid $22 per hour and Ithaca Police as of 1/1/04 were paid in the range of $17 to $26 per hour. The Town Board has to decide whether they are interested in providing the court with a constable. If so, this would require a budget amendment as it was not a budgeted expense. The Board would also need to make the decision on how the constable is appointed. Either as a part time employee with limited benefits or an independent contractor. There is also a thought that the Town could contract with the Village of Cayuga Heights to provide the service through their police force, much like they do for their own court. Town Law does not require a constable to complete an approved municipal police training program, /^wever, the Town may desire or require such training. The Justices have the desire that the unstable wear an uniform and not necessarily carry a fire arm. However, it would be a requirement t the constable be licensed to be able to carry a firearm if the need so arise. The main question before the Board tonight, is whether to create and fund a constable or not. ( ) f I / ^ October 17,2005 Members of the Ithaca Town Board: Thank you for giving me this opportunity to address you this evening regarding courtroom security as you work to finalize the Town's budget Judge Bordoni before me requested your support for courtroom security as I did last year. Unfortunately you ignored those requests, but fortunately we—the court— have not yet experienced any incidents here during the last three years that might have compelled you to heed our requests. In 2002, Judge Bordoni requested court security in light of a bomb threat that had been received, as well as violence that happened in neighboring Schuyler County. Judge Burin, our interim Town Justice, was assaulted a few years ago in Lansing Town Court, and that court now has security in place. Our local court deals with a tremendous number of individuals every day and a significant number who attend court on Monday or Wednesday, and who are in some cases, very agitated. The trend in our local court is an increasing workload, from 2662 new cases in 1999 to 3887 in 2004, and I believe on track to exceed that in 2005. On several occasions, I wished that there were an extra, trained pair of eyes on duty in the courtroom. I realize we have a panic button at the clerk's desk in the courtroom, but with an officer present, there would be a message that this court will not tolerate disturbances in the courtroom. If an incident were to happen, time is of the essence, and the panic button cannot give us that assurance. Town courts are mostly for traffic cases, drunken drivers, neighborhood disputes and criminal matters, up to "A" level misdemeanors, which carry maximum sentences of 1 year in jail. "The courts closest to the people," as the State Magistrate's Association points out. But, it is those unchained, unknown public that we justices worry about Town and village courts lie outside the protection arranged by the Office of Court Administration. Town and villages must pay for securing their courtrooms. Metal detectors get expensive because they require employees to staff them. We cannot control who comes into our courtroom for arraignments or other matters. Recently, I arraigned a defendant on a minor harassment charge and issued an order of protection on behalf of the individual who filed the complaint. Later, I received this person's "rap" sheet and was alarmed at the serious crimes this individual had committed. Let me share them with you without identifying the individual Did this individual behave? Yes, he did. But he also has previously demonstrated his potential to conunit serious crimes. In my court, held into the night, we often collect considerable sums of cash as defendants pay their fines. This certainly could make us the < \ '7 target for a misguided individual, especially when my clerk and I are the last persons left in Town Hall when we lock up. Speaking for the court, I would take great comfort in knowing that this Town Board understands the potential risk to us and funds a court attendant to keep a watchful eye on the crowd and intercede if necessary. In our budget request submitted at the end of the summer, we provided an estimate of what it might cost to provide this added safety measure. The Town of Ithaca cannot afford to ignore us any more, and can afford this modest sum for our well being. February 13, 2006 Town Board Meeting ATTAC # i / * Committee Structure Per Cathy's View CURRENT STRUCTURE 1/31/2006 Town Supervisor Appointments Town Supervisor Appointments with 3 Board Members on each and Staff Public as support to the Works Board members.(monthly) Town Board Recreation & Human Servic; (monthly) \ Fiscal \ Management Capital Personnel Projects (6 mtgs /yr)(6 mtg /yr) to\(vn3pard Appointments Town Board Appointments (a local law will need to be done.) Transportation Committee (monthly) Codes 'n Ordinances (monthly) Ag Land Preserv. \(as needed) Records Advisory Board (est by Llaw- 2 TB mbrs) (6mtg/yr) Ethics Board (est by Local Law) (Ix/yr) ITowo^^rd appoints members to outside agencies such as/SCLIWC, 10, Sewer Joint Comm, Recreation Partnership, |with<^ Yown Supervisor making recommendations for coi^jsideration. Town Supervisor's Internal Committees | f SAC Dept Heads & Office Mgrs. (3/month) SASS Admin Support Group (monthly) PEZ Planning, Engineering& Building staff discuss projects (monthly) Safety Hwy Super, HR Mgr. 2PWD, 2 Town Hall (6 mts/yr) February 13, 2006 Town Board Meeting ATTACHMENT #12 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca Town Board 2. Project Name Acquisition of Dress Property, 283 Culver Road (Tax Parcel No. 32-1-7) 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) 283 Culver Road - Tax Parcel No. 32-1-7 (refer to attached location map in UNA-140 Description) Tax Parcel Numbers: 32-1-7 4. Is proposed action: NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Acquisition of 10.0 +/- acre property at 283 Culver Road (Tax Parcel No. 32-1-7) in the Town of Ithaca. Said property is currently owned by William J. Dress, and the Town has entered into an agreement with Mr. Dress to purchase the property for passive park purposes, subject to use restrictions that will be specified in the deed. The parcel is undeveloped, and consists of mature forest. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected: litially (0-5vrs) 10+/-Acres (b-lOyrs) 10+/-(>10 yrs) 10+/-Acres How is land zoned presently? Low Density Residential Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space X Other Please Describe: 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modirication. 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: ^^EART 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 WY YES NO X If yes, coordinate the review process and use the full EAF. B. 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: See attached. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: See attached. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: See attached. 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: See attached. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See attached. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: See attached. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: See attached. 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.anon. / i Town of Ithaca Town Board Name of Lead Agency Catherine Valentino, Supervisor ' me & title of Responsible Officer In Lead Agency Prepai^r's Signature(lf different from Responsible Officer) gnature of Responsible Officer in Lead Agency Signature of Contributing Preparer DATE: 3 / 0 ^ " Environmental Assessment - Acquisition of Dress Property. 283 Culver Road (Tax Parcel No. 32-1-7) ' ^ Action is Unlisted , Action will not receive coordinated review C. Could action result in anv adverse effects on. to or arising from the following: Cl. Existing air quality, surface or groimdwater qualitv or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion or flooding as a result of the proposed action. The proposed action is the acquisition of the 10.0 +/- acre property at 283 Culver Road (Tax Parcel No. 32-1-7) in the Town of Ithaca. Said property is currently owned by William J. Dress, and the Town has entered into an agreement with Mr. Dress to purchase the property for passive park purposes, subject to use restrictions that will be specified in the deed. The parcel is undeveloped, and consists of mature forest. As a Town-owned passive park and with the deed restrictions, the property will remain substantially as a wilderness area and natural forest. The Town will have the right to install drainage facilities and storm water protective facilities to the extent necessary to protect the forest and its trees, soil, and ground vegetation, in accordance with sound forest management and land use practices. C2. Aesthetic, agricultural, archeological. historic, or other natural or cultural resources, or communitv neighborhood character? one anticipated. No aesthetic, archeological, or other significant historic resources are known to exist on the site, ' n are expected to otherwise be affected by the proposed action. The property is situated within Unique Natural Area (UNA-140) designated by the Tompkins County Environmental Management Council, and known as the Culver Creek Ravine and Woods. The site contains gentle slopes. Very little tree cutting has been done on this site, which contains many large, mature trees over 100 years old. Dominant tree species include oaks and hickories with some sugar and red maples, tulip trees, and red cherry. The acquisition of the property by the Town of Ithaca will help to ensure the preservation of the significant natural resources and character of this parcel. C3. Vegetation or fauna^ fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None anticipated. Significant vegetation and wildlife habitats are known to exist on this site as described in C2 above. The acquisition of this property by the Town of Ithaca will include deed restrictions that limit the use of the site as a passive park and nature preserve for the benefit of the residents of the Town and to preserve its wildlife habitats. The property will be maintained as a passive recreational forest, without the construction of any facilities for other than hiking or walking activities. C4. A communitv's existing plans or goals as officiallv adopted, or a change in use or intensitv of use of land or other natural resources? /*pne anticipated. The proposed acquisition is consistent with the designation of this area in the Town of Ithaca omprehensive Plan (September 1993) as "Conservation/Open Space" and "Rurd Residential". Surrounding land ,e includes very low density residential development and undeveloped open space. The acquisition is also ' msistent with the goals stated in the Town of Ithaca Park. Recreation and Open Space Plan (December 1997) relating to the preservation and protection of significant natural lands. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? me anticipated. The deed restrictions will help to ensure the preservation of this property as undisturbed mature . .rest. Under the current zoning (Low Density Residential), the property has the potential for at least five 2-acre lots (given that there is no public sewer or water available on Culver Road) with single or two-family homes. The proposed acquisition by the Town will help to ensure that this property will not be developed. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? None anticipated. C7. Other impacts (including changes in use of either quantitv or type of energy)? None anticipated. ^ Is there, or is there likelv to be. controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated. Staff Recommendation. Determination of Significance ^ised on review of the materials submitted for the proposed action, the proposed scale of it, and the information ove, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town oflthaca Town Board Reviewer: Jonathan Kanter, Director of Planning Review Date: February 6, 2006 " ; • Culver Creek Ravine and Woods Town of Ithaca UNA-140| ► JTE NAME; Culver Creek Ravine and Woods TA LAST UPDATED: 1/3/00 SITE CODE: OLD SITE CODE: UNA-140 IT-23 Latitude: 42 26 41 N Longitude: 76 33 53 W CATION Municipality: Town of Ithaca uses Quad: Ithaca West Tax Parcel Numbers Included in this Site: .Tax parcel data is accurate as of July J. 1999. For up-to-date information on tax parcel descriptions and ownership, contact the Tompkins CountyAssessment Department. When a UNA covered less than 0.025 ac. of a parcel, the parcel was excluded from this list. IT 31.-6-1.1 IT 31.-6-1.21 IT 31.-6-1.22 IT 31.-6-1.23 IT32.-I-13 IT 32.-1-14 IT32.-I-15 IT 32.-1-2 IT 32.-1-22 IT 32.-1-23.1 IT 32.-1-23.2 IT 32.-1-23.3 IT 32.-1-7 IT 32.-1-8 IT 32.-1 -9 — SITE AND VEGETATION DESCRIPTIONThis forested site follows a small southeast-facing ravine. For the most part, the site slopes rather steeply into the ravine. The forest is not tembly old,the trees are not very large overall, but the stand remains intact. The forest is dominated by oaks and hickones with sugar maple and red maplepresent. Butternut and hackbeiry are found along the ravine. REASONS FOR SELECTION " Rare or scarce plants Scenic/Aesthetic value SPECIAL LAND-USE INFORMATION Rppf inl I .and-Use Designations and Features ■ Some or all of this site lies in an agricultural district, certified pursuant to NYS Agriculture and Markets Water Resources ■ A stream runs through this site. A NYS protected stream rans through this site. Law. ONSERVATION OF THE SITE rHYSICAL CHARACTERISTICS OF THE SITE Size (acres): 186.121 Elevation (ft.): 525 to 1130 Aspect: southeast Topographic Features Slope cut by small creeks. Geological Features Slope % □ Flat 0 3 to 15 0 15 to 25 0 Over 25 Topographic Position CH Crest 0 Upper Slope 0 Mid Slope 0 Lower Slope r~l Bottom Soils Present on the Site Soil characteristics of the site were determined manually Soil Name Langford channery silt loam, 2 to 8 percent slopes Bath and Valois gravelly silt loam, 5 to 15 percent slopes Howard gravelly loam, 5 to 15 percent simple slopes Wayland and Sloan silt loams Rock outcrop Howard gravelly loam, 15 to 25 percent slopes Hudson silty clay loam, 12 to 20 percent slopes, eroded Hudson silty clay loam, 6 to 12 percent slopes, eroded Bath and Valois gravelly silt loam, 15 to 25 percent slopes Hvdric fWet^Erodibilitv Drainage Non-hydric Potentially highly Moderately well drained erodible Non-hydric Highly erodible Well drained Non-hydric Highly erodible Well drained Hydric Non-highly erodible Somewhat poorly drained to very poorly drained Non-hydric Not applicable Not applicable Non-hydric Highly erodible Well drained Non-hydric Highly erodible Well drained to moderately well drained Non-hydric Highly erodible Well drained to moderately well drained Non-hydric Highly erodible Well drained BIOLOGICAL CHARACTERISTICS OF THE SITE General Cover Types . Upland forestI Old-field forest Open water Page 389 Culver Creek Ravine and Woods Town of Ithaca UNA-140 ^'^'^jEcoIogical Communities Detailed information regarding each community type's rareness may befound in Appendix F. For up-to^ate information on ecological / communities, contact the NY Natural Heritage Program (518-783-3932). Rarity: (Key: No checkmarks indicate that no communities fall within those categories.) ~| Global - At least one community designated as rare or scarce at the global level by The Nature Conservancy is found on this site. I I State - At least one community designated as rare or scarce at the state level by The Natiue Conservancy and the New Yoric Natural Heritage Program is found on this site. I I Local - At least one community designated as rare or scarce at the local level by the Tompkins County EMC and the Cornell Plantations is found on this site. Ecological Communities Inventoried on this Site: Community Name Description <?lobai/State/Local Rarity Intermittent stream The aquatic community ofa small ephemeral streambed with a moderate to steep gradient G4 84 L4 where the water flows only during the spring or after a heavy rain. The streambed may be covered with mosses such as Bryhnia novae-angliae. Su^ssional northem A forest with more than 60% canopy cover of trees that occurs on sites that have been cleared G5 85 L4 hardwoods or otherwise disturbed. Dominant trees are usually two or more of the following: red maple, white pine, white ash, gray birch, quaking aspen, big-tooth aspen, and, less frequently, sugar maple and white ash. Tree seedlings and saplings may be of more shade tolerant species. 8hnibs and ground cover species may be those of old-fields. In abandoned pasturelands apples and hawthorns may be present in the understoiy. Appalachian oak-hickory A hardwood forest with more than 60% canopy cover of trees that occurs on well-drained sites, G4G5 84 L4 forest usually on flat hilltops, upper slopes, or south and west facing slopes. Dominant trees include one or more of red oak, white oak, and black oak. Mixed with oaks, are one or more of pignut, shagbark, and sweet pignut hickory. Common associates are white ash, red maple, and hop hombeam. 8mall trees include flowering dogwood, witch hazel, shadbush, and choke cherry. 8hTubs and groundlayer flora are diverse. 8hrubs include maple-leaved viburnum, blueberries, red raspberry, gray dogwood, and beaked hazelnut. Plant Species Although substantial effort was made to identify significant plant species on this site, it is possible that additional rare or scarce species exist that do not show up in this report. A field check is always recommended prior to modifying the landscape. Detailed information regarding each species rareness and status may be found in Appendix D. For up-to-date information on species, contact the NY Natural Heritage Program (518-783- ^ Rarity: ( Key: No checkmarks indicate that no species fall within those categories.) I I Global - At least one plant species designated as rare or scarce at the global level by The Nature Conservancy is found on this site. f State - At least one plant species designated as rare or scarce at the state level by The Nature Conservancy and the New York Natural Heritage Program is found on this site. @ Local - At least one plant species designated as rare or scarce at the local level by the Tompkins County EMC and the Cornell Plantations is fbimd on this site. Legal Status: I I Federal - At least one olant soecies desienated as threatened or endansered bv the U.8. Deoartment of the Interior is found on this site. □ 8tate - At least one plant species designated in New York 8tate as endangered, threatened, rare or exploitably vulnerable is found on this site. Significant Plant Species Inventoried on this Site: Scientific Name Common Name Global/State/Local Rarity Local Comments State Legal Status Celtis occidentalis hackbeny L3 Scarce None Animal Species The UNA Inventory currently does not contain much specific data regarding animal species (and very little regarding rare or scarce species) onUNA sites. Therefore, this data should be viewed as preliminary and incomplete. Afield check is always recommended prior to modifying thelandscape. Detailed information regarding each species' rareness and status may be found in Appendix E. For up-to-date information on species, contact the NY Natural Heritage Program (518-783-3932). Animal Description: Rarity: (Key: No checkmarks indicate that no species fall within those categories.) I I Global - At least one animal species designated as rare or scarce at the global level by The Nature Conservancy is found on this site. □ State - At least one animal species designated as rare or scarce at the state level by The Nature Conservancy and the New York Natural Heritage Program is found on this site. Legal Status: I I Federal - At least one animal species designated as threatened or endangered by the U.S. Department of the Interior is found on this site. [~] State - At least one animal species designated by NYS as threatened or endangered is found on this site. _ Animal Species Inventoried on this Site: Federal/State . Scientific Name Common Name Global/State Rarity Legal Status Comments ' ivT"!No data Page 390 ELM ST'AOOLERD UNA-140 Culver Creek Ravine and Woods Tompkins County Environmental Management Council ■^Inventory of Unique Natural Areas in Tompkins County Last Updated: September 1999 fNA boundaries were delineaied by field biologists based on a review of airihotographs. digital GIS base map data (roads, building footprints, 20 footcontours and streams) and field visits. UNA boundaries are approximate and .should be used for general planning purposes only. As a practical matter the /county does not warrant the accuracy or completeness of the information /portrayed. The end user of this map agrees to accept the data "as is" with full ^knowledge that errors and ommissions may exist, and to hold harmless theCounty for any damages that may result from an inappropriate use of this map. i Town of Ithaca Unique Natural Area UNA-140 1 i Other Unique Natural Area(s) HI Building Footprint /\/ 20 Foot Contour /\/ Road ^ ight to enforce the provisions of this Option through an action for specific performance, injunctive relief, iamages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of other available remedies. 14. BBVDING EFFECT. This Option becomes effective when signed by the Seller and shall then apply to and bind the Seller and his heirs, executors, administrators, successors and assigns. 15. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written amendment. No representation or promise not included in this Option shall be binding upon the parties. 16. ASSIGNMENT TO TOWN OF ITHACA. Seller understands that Grantee may assign this Option to the Town of Ithaca and that the Town of Ithaca may be the party exercising the Option. Seller agrees that if such an assignment is made, said Town of Ithaca shall be entitled to exercise all of the rights of Grantee hereunder and shall be subject to all of the obligations of Grantee hereunder as if the Town of Ithaca was the original signatory Grantee to the Option. 17. MISCELLANEOUS. a. No-Waiver. No provision of the Option shall be deemed amended or waived unless such ^ amendment or waiver is set forth in writing signed by the Grantee. No act or failure to act by the ' Grantee shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. b. Holidavs. If any date set forth in this Option or computed pursuant to ^s Option falls on a Saturday, Sunday or national holiday, such date shall be deemed automatically amended to be the first business day following such weekend day or holiday. IN WITNESS WHEREOF I have hereunto set my hand on the date set forth below. SELLER: Social Security No. William Dress Date: January 13 , 2006 ACKNOWLEDGMENT STATE OF NEW YORK : COUNTY OF TOMPKINS : SS On the day of January in the year 2006, before me, the imdersigned, a Notary Public in and for said State, personally appeared WILLIAM DRESS personally known to me or proved to me on the basis of satisfactory evidence to be the individuals(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Exhibit A: DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being more particularly described as follows: COMMENCING at a point in the centerline of Culver Road which point of beginning is approximately 1,350 feet southeasterly along the centerline of Culver Road from its intersection from with the centerline of Elm Street Extension; Running thence southwesterly approximately 253 feet to a point; running thence southerly approximately 860 feet to a point; running thence easterly approximately 790 feet to point; running thence northerly a distance of approximately 300 feet to a point in the centerline of Culver Road; running thence northwesterly along the centerline of Culver Road a distance of approximately 970 feet to the point or place of beginning. It is the intention to describe the premises conveyed to William Dress by Deed recorded in the Tompkins County Clerk's Office in Book 433 of Deeds at page 495. ( , jremises covering the previous twelve (12) months, proposed deed (when the survey is completed if jiantee elects to have a survey), and any and all other customary and appropriate documentation with respect to the conveyance contemplated hereby. 6. TITLE DEFECTS. If for any reason the Seller cannot deliver title at closing as required by this Option, the Grantee may elect to: a) accept the Property; or b) refuse to accept the Property, or c) require the Seller to complete corrective action to clear title, within a reasonable period of time at an anticipated cost of not more than $1000, which when completed to the satisfaction of Grantee shall be then accepted by the Grantee. 7. DOCUMENTS FOR CLOSING. Conveyance shall be by customary warranty deed with lien covenant conveying a good and marketable title in fee simple to the Property, free and clear of all liens and encumbrances, except as otherwise provided herein. Seller shall pay the required transfer tax and for continuation of tax and title searches at the time of closing. Buyer shall pay for any fees incurred for recording the deed and equalization and assessment form. The deed shall contain the limitations on use set forth in Exhibit B annexed to this option. 8 PROPERTY TAXES. Any delinquent real estate taxes and all levied assessments are the Seller's Responsibility and shall be satisfied by the Seller at or before closing. Any real estate taxes assessed against ' ' the property in the year of closing, but which are not yet due and payable, will be pro-rated to the date of closing based upon the most recent available tax statements. Any other taxes already paid shall be prorated to the date of closing. 9. POSSESSION. The Seller will deliver possession of the Property to the Grantee at closing subject to no leases or reserved rights. 10. CONDITION OF PROPERTY/RISK OF LOSS. The Seller shall not transfer or encumber any interest in the Property prior to closing. The Seller shall remove all rubbish or trash, including any hazardous or harmful chemical substances, from the Property prior to closing but shall otherwise keep the Property in its current condition until closing and shall prevent and refrain from any use of the Property for any purpose or in any manner that would diminish its value or adversely affect the Grantee's intended use of the Property as a nature preserve. Without limiting the foregoing. Seller shall not remove, or permit any other person or entity to remove, any trees, timber, brush or other vegetation on the Property. In the event of any adverse change in the condition of the Property, the Grantee may elect to. a) refuse ^ to accept the property; or b) accept the Property, or a portion thereof, in which case there may be an equitable ^ adjustment of the purchase price based on a change in circumstances. 11 RIGHT OF ENTRY AND INSPECTION. The Grantee and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting an environmental inspection and assessment ^ > to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon ^ , the results of the environmental inspection and assessment, the Grantee may elect to refuse to accept the Property. 12. SELLER*S REPRESENTATIONS AND WARRANTIES. The Seller hereby warrants and represents to the Grantee the following matters and agrees to indemnify, defend and hold the Grantee harmless from any loss or liability relating to these matters, with the intent that these representations, warranties and indemnities shall survive closing: a. Title to the Prooertv/Authoritv. The Seller is the sole legal owner ofthe Property in fee simple. The Property is not now subject to any written or oral lease, option, or agreement of sale, claim or legal proceeding except as set forth herein. Seller has the full power and authority to execute this Option and all agreements and documents referred to in this Option and to fully perform as required by this Option. b. Condition of Pronertv. The Seller is not aware of any facts that would adversely affect the Grantee's intended use of the Property as a nature preserve or passive park. c. Hazardous Materials. The Property is not now nor, to the knowledge of the Seller, has it ever been f used for the manufacture, use, storage or disposal of any hazardous or toxic substance, material or , ^ waste within the meaning of any applicable environmental statute, ordinance or regulation. No hazardous or toxic substance, material or waste, including without limitation asbestos, petroleum products, or material containing or producing polychlorinated biphenyls (PCBs), is presently stored or located on the Property at levels greater than natural background concentrations. The Property is not subject to any "superfund" or similar lien or any claim by any government regulatory agency or third party related to the release or threatened release of any hazardous or toxic substance, material or waste. d. Non-foreign Status. To inform the Grantee that withholding of tax is not required under Section 1445 ofthe Internal Revenue Code and under penalties of peijury, the Seller hereby certifies that the Seller is not a non-resident alien or a foreign corporation, foreign partnership, foreign trust or foreign estate as those terms are defined for purposes of federal income tax law and that the Seller's social security number/federal taxpayer identification number is as set out below. The Seller understands that this certification may be disclosed to the Internal Revenue Service and that any false statement made could be punished by fines, imprisonment or both. ^ 13. REMEDIES. In addition to any other remedy specifically set forth in this Option, the Grantee has the February 13, 2006 Town Board Meeting ATTACHMENT #13 Schedule A - Copy of Assignment Text f s ASSIGNMENT The undersigned. The Finger Lakes Land Trust does hereby assi^ to the Town of Ithaca the option for the purchase of real estate dated January 13,2006 from The Finger Lakes Land Trust to William J. Dress, a copy of which option is attached to this Assignment. There is included with this Assignment all rights of The Finger Lakes Land Trust to exercise said option and to acquire the property pursuant to the terms of said option. IN WITNESS WHEREOF, the undersigned has executed this Assignment this 2M day of January, 2006. THE FINGER LAKES LAND TRUST By:. Andrew Zepp, Executive Director STATE OF NEW YORK : : ss.: COUNTY OF TOMPKINS : On the 23rd day of January in the year 2006 before me, the undersigned, persondly appeared Andrew Zepp personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me toat he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Schedule B - Copy of Option Agreement Text ^ 1 OPTION FOR THE PURCHASE OF REAL ESTATE In consideration of $10.00, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, William Dress, (the "Seller") hereby grants to THE FINGER LAKES LAND TRUST, a nonprofit corporation of the State of New York, (the "Grantee") and its successors and assigns, the exclusive right and Option to purchase that land, with all buildings and improvements thereon, if any, located in the Town of Ithaca, Tompkins County, New York, containing approximately ten acres more or less, known generally as 283 Culver Road and identified on the Town of Ithaca tax maps as tax parcel 32.-1 -7, which is more particularly described in Exhibit A annexed hereto, which description shall be modified to conform to the survey to be obtained as hereinafter set forth (the "Property") under the following terms and conditions: 1. OPTION PERIOD. This Option shall remain in effect until June 30,2006. This Option shall be exercised upon posting, by certified mail, a written notice to the Seller at the following address: 716 Elm Street Extension, Ithaca, NY 14850. Exercise shall be deemed timely if such written notice is mailed on or f before the date first described in this paragraph. ' 2. PURCHASE PRICE. The total purchase price for the Property is $40,000.00 payable in a lump sum ^ (less any amounts paid for this Option) upon closing after the exercise of this Option. Any payments made for this Option shall be considered part of that total amount. The balance will be paid at closing. 3. CLOSING. Closing will be within 60 days of exercise of this Option, or as soon thereafter as the conditions for closing set out in this Option have been met. Closing shall be held at the offices of Barney, Grossman, Dubow & Marcus, 119 East Seneca Street, Ithaca, New York, or at such other location as otherwise agreed to by the parties. 4. SURVEY. Upon exercise of the Option, at Grantee's option Grantee shall arrange for a survey of the Property at Grantee's expense and the description for the deed shall be based upon such survey. If Grantee elects not to obtain a survey, the description shall be based upon the metes and bounds description in Seller's deed. 5. EVIDENCE OF TITLE. Upon exercise of this Option, Seller shall furnish and deliver to Buyer, or Buyer's attorney, within 20 days after the delivery of notice of exercise of the Option, a customary abstract of title showing a warranty deed of record at least forty (40) years previous, 10 year r ^ tax search(es) dated within thirty (30) days of closing, copies of tax receipts with respect to the subject ^ Exhibit B: LIMITATIONS TO BE INCLUDED IN DEED s The transfer of property that is the subject of this deed (the "Property") is subject to the following restrictions which shall constitute covenants running with the land for so long as the Property is occupied substantially completely by a natural forest similar to the forest presently located on the Property: 1. It is the intention of both Grantor and Grantee that, except as provided herein, the Property will not be developed, but will remain substantially as a wilderness area and natural forest open for use by people and animals. It is the expectation that, except as provided herein, none of the existing mature trees will be removed from the Property by Grantee. Grantee shall be permitted, however, to remove dead or diseased trees or other dead or diseased vegetation, and may also remove any invasive species of vegetation that threatens, or could threaten, the viability of the trees making up the existing forest on the property. Any such removal shall be accomplished in accordance with good forestry management practices and with as minimal damage to the remaining healthy trees as possible. 2. The Property shall be maintained as a passive recreational forest, without the construction of any facilities for other than hiking or walking activities, except as provided herein. Without limiting the foregoing, no ball fields, swing sets, play structures, or other similar types of facilities shall be constructed on the property. To > the extent deemed reasonably necessary by the Grantee to protect the forest and its trees, soil, and ground vegetation, and in accordance with good forestiy management and land ^ use practices. Grantee may install drainage facilities and storm water protective facilities. 3. The only recreational activities to be permitted on the Property shall be hiking, walking, cross country skiing, bird watching, jogging, plant observations, and similar types of passive non-disturbing activities by the public generally. No motorized vehicles, including without limitation all-terrain vehicles or snowmobiles, shall be permitted on the Property except that Grantee may, if necessary for proper maintenance of the forest, bring motorized vehicles such as trucks on the Property for purposes of accomplishing such maintenance. Grantee may also permit parking of vehicles on a small area of the Property adjacent to any public highways adjoining the Property provided such parking may be accommodated without the removal of any existing mature healthy trees and provided such parking is limited to persons engaging in the activities permitted on the Property by these covenants. ' '''",--■4r ■- ">;43>Si-.'naK ■ '■■■ a■4: ■ ■;■5&'s, ':l. 4Kis'i ■;t;V|Proposed Conservation ZoneExisting Buildings (2005 data)Property linesData Source: Tompluns CountyInformation Technology Services,GIS DivisionEXHIBIT AProposed Conservation ZoneMiles^Mao oroduced 2/06 February 13, 2006 Town Board Meeting ATTACHMENT #14A€ENDA# 5^ I\ ioDA#25TOWN OF ITHACALOCAL LAW NO. OF THE YEAR 2006A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE,TITLED "ZONING", AND THE OFFICIAL ZONING MAP TO REZONE CERTAINLANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOWDENSITY RESIDENTIAL ZONE TO CONSERVATION ZONEBe it enacted by the Town Board of the Town of Ithaca as follows:Section 1. Rezoning of Lands. Chapter 270 of the Town of Ithaca Code, titled"Zoning," is amended by rezoning the area denominated by shading as "Proposed ConservationZone" on the map attached as "Exhibit A" to this local law from its present zoning classificationof Low Density Residential Zone to Conservation Zone.Section 2. Amendment of Zoning Man. The official zoning map of the Tovm ofIthaca, Effective April 1, 2004, Revised December 12, 2005, as amended to date, is herebyfurther amended by rezoning the lands described in this local law in the manner set forth in thislocal law.• Section 3. 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 beI / affected by such declaration of invalidity.oSection 4. Effective Date. This local law shall take effect upon publication of thelocal law or an abstract of same in the official newspaper of the Town, or upon its filing with theNew York Secretary of State, whichever is the last to occur. Town of IthacaIndian Creek Gorge and Lake Slopes AreaProposed Conservation ZoneInformation Concerning Conservation Zones[Summarized from Section 270, Article V of the Code of the Town of Ithaca]Purpose of Conservation Zone• To provide protection to areas within the Tovm that have been identified in the Town'sPark, Recreation, and Open Space Plan (1997) and Comprehensive Plan (1993) as beingenvironmentally significant or sensitive.• To minimize environmental impacts to these areas from future development by reducingresidential densities and encouraging land use in such a way that development can occurwithout creating significant impacts.Allowed Uses• Most uses currently allowed in the Low Density Residential Zone would be permitted inthis zone with an emphasis on sound forestry management.Density• The proposed Conservation Zone would require a minimum lot size of 7 acres, with theintent of limiting residential densities to one single or two-family dwelling for each sevenacres of land, while preserving the most sensitive area of the site.Clustering• The Planning Board would be authorized to require clustering of residential units in theConservation Zone, so that houses could be clustered on lots smaller than seven acres, butretaining the overall densities.Development Standards• Buildings and other structures would not be allowed on slopes 25 percent or greater, on orwithin 100 feet of wetlands, or within 50 feet of the centerline of any watercourse.• Other Guidelines- Preserving existing native vegetation to the extent practicable;- Siting guidelines to preserve scenic vistas;- Encouraging open space linkages to preserve wildlife habitats and biologicalcorridors.Other areas in the Town zoned ConservationSix Mile Creek Corridor, South Hill Swamp Area, Eldridge Wildemess, Buttermilk FallsState Park, Treman Falls State Park, and Lick Brook and Cayuga Inlet. (A ConservationZone for the Coy Glen area is also under consideration.)12/5/05WWw Agenda#?,i iTown of IthacaProposed Conservation ZoneIndian Creek Gorge & Lake Slopes Area(W Ii IiQwiiotUk1ovl ..'Ujjyiv^\vyv.v\\IV V -•..'nS.-vWWN : I \ \ \Proposed Conservatnn ZoneUnique Natural AreaBevatbn contoursHighly erodible soilBuildings (1993data)Tax parcelsr\J StreamsData Source: Trmpldns CountyInformstion Tedrnology Services,CIS D'vt'sfcnProposed Conservation Zone0.10.1 0.2 MilesMap 1/06 f \ 0 4 February 13, 2006 Town Board Meeting ATTACHEMTN #15 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 230 OF THE TOWN OF ITHACA CODE, TITLED "STREETS AND SIDEWALKS", TO ESTABLISH TOWN'S ASSUMPTION OF OWNERSHIP, MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 230 of the Town of Ithaca Code, titled "Streets and Sidewalks", is amended by adding Article III, titled "Hanshaw Road Walkway", Section 230-10, titled "Ownership, Maintenance and Liability", as follows: "ARTICLE III HANSHAW ROAD WALKWAY § 230-10. Ownership, Maintenance and Liability. If a Town-sponsored walkway is built along part or all of Hanshaw Road within the Town of Ithaca, the Town will assume ownership and maintenance responsibilities for said walkway within the Town, and the Town will further assume liability for its negligent acts and omissions related to defects in. or snow or ice upon, said walkway within the Town: provided, however, that nothinu in this section shall be deemed to dispense with the requirement of advance written notice to the Town of the defect or the existence of snow or ice thereon, or w ith the requiremenl that the Town have the opportunity to repair or remove the same W'ithin a reasonable time after receipt of such notice, as set forth in Town Law Section 65-a. as conditions precedent to liabilitv." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. )"))Outdated Record Disposition Listing, 12/31/2005Records Disposed ofAgenda #0cr4Box #Record DescriotionRecord DateDeDartmentsDisposition Date Ouantitv4345Unsuccessful Bids Town Hall - 2151999 To1999Eng.12/31/2005 1CO481Abstract Book1999 To1999Account.12/31/2005 1VboooC5^•-3r\482Monthly Reports1999 To1999Account.12/31/2005 1483Monthly Reports1999 To1999Account.12/31/2005 1484Daily Transactions1999 To1999Account.12/31/2005 1wC3485Daily Transactions1999 To1999Account.12/31/2005 1wo486Daily Transactions1999 To1999Account.12/31/2005 1p4&487Bank Statements and Reconciliation1999 To1999Account.12/31/2005 1S0488Abstracts1999 To1999Account.12/31/2005 10H-H«489Abstracts1999 To1999Account.12/31/2005 113onc!490Abstracts1999 To1999Account.12/31/2005 1502Unsuccessful BidsToEng.12/31/2005 1503Unsuccessful Bids1999 To1999Eng.12/31/2005 1531Personnel & Payroll Information1998 To1998Personnel2/1/2005 1>532Personnel & Payroll Information1998 To1998Personnel2/1/2005 1►-3>Ows585Tax Collection1998 To1999T. Clerk12/31/2005 1586Town and County Tax Bills 1-34991999 To1999T. Clerk12/31/2005 1587Town and County Tax Bills 3500-511999 To1999T. Clerk12/31/2005 1=tfc01Page 1 of 2 Box# Record Description608 1999 Town Clerk Files611 Dog LicensesRecord Date1999 To 19991999 To 2002Departments Disposition Date QuantityT. Clerk 12/31/2005 1T. Clerk 12/31/2005 1Total Cubic Feet: 20Page 2 of 2