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Home My WebLink AboutTB Minutes 2006-12-11December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, DECEMBER 11, 2006 PRESENT: Supervisor Valentino, Councilman Burbank, Councilman Engman, Councilman Stein, Councilman Cowie, Councilwoman Leary STAFF PRESENT: Dan Walker, Town Engineer; Fred Noteboom, Highway Superintendent; Jonathan Kanter, Town Planner; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager OTHERS PRESENT: Susan Brock, Attorney for the Town; Dave Harding, Van Associates; Lisa Goodberry, Conifer Realty; Michael Koplinka-Loehr, Tompkins County Legislature; Andy Zepp, Finger Lakes Land Trust; Audrey Cooper EXCUSED: Councilwoman Gittelman; Tee-Ann Hunter, Town Clerk Agenda Item No. 3 - Report of Tompkins Countv Legislature (Attachment #1 - Eguallzed full value tax rate comparison) Mr. Koplinka-Loehr appeared on behalf of the Tompkins County Legislature and reported as follows. The Legislature finished off their budget process with about a 2.6% increase in the tax levy. This was above their goal, but kept what they considered their quality of life services. The County's Deputy Administrator has been moving fonward with organizational development and effectiveness strategies. Mr. Koplinka-Loehr brought a comparative tax rate schedule to show the Board where Tompkins County's tax rate fits with other like counties. It turns out, if equalized, that Tompkins County's tax rate is the lowest of any of the counties that they looked at. Properties have higher assessments than houses in, say Cortland County, so the rate when you balance it out in terms of real dollars may be higher. The County may be asking the Town for help storing voting machines on a regular annual basis until they get the new voting machines. Commenting on Mr. Koplinka-Loehr's report regarding the tax rate comparison, Mr. Stein was not sure it was very meaningful to talk about the tax rate of neighboring counties. At least, it ought to be coupled with the total per capita expenditures. Mr. Koplinka-Loehr was in agreement; it is a broader and more nuanced discussion. However, tax rate information was of interest to community members. Agenda Item No. 4 — Report of Fire Cornmissioner (Attachment #2 — written report) Bob Romanowski appeared before the Board on behalf of the Fire Commission and read his monthly report attached to these minutes. December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 In response to questions from Councilman Burbank, Mr. Romanowski reported that the last strategic planning process happened in 1986. The Commission has been calling for a strategic planning effort to be made since 1993 or 1994. Supervisor Valentino spoke of the possible need for an additional fire station in the southwest area. Agenda Item No. 5 - Report of Common Council Ms. Korherr was not present to address the Board. Agenda Item No. 6 - Persons to be Heard and Board Comments Councilman Engman reported that there was an excellent session on the relationship between Town Boards and Zoning Boards of Appeals and Planning Boards that Mr. Stein had pushed hard for and Mr. Kanter did a great job of getting people together. As mentioned in Mr. Kanter's report, there were at least 60 people there. Mr. Engman reported that the presenter stressed the importance of carefully considering the acceptance of Town roads. It is something that should really be thought about early in the planning process. Mr. Engman thought that was a really important point and the Board will be seeing examples of that tonight and needs to think about that in advance so that they do not leave someone hanging high and dry. Councilman Stein reported something he got out of the session was the importance of dialogue between the Town Board and the Planning Board. He stated that it came as a great surprise to him because everything he had heard was that there couldn't be dialogue between the Planning Board and Town Board because the Planning Board was essentially a ' judicial organization that should be free of influence from the Town Board. Mr. Stein now gathered there was some middle ground and thought it was important to explore what that is and what the limits are. He felt that they did need more contact between the Town Board and the Planning Board. Ms. Valentino stated that the Town Board has had joint meetings with the Planning Board in the past. Mr. Kanter stated that what the Department of State officials were saying is there are some communities that actually have regular annual, if not more frequent, joint meetings between Town Boards, Planning Boards, Zoning Boards, and even Conservation Boards who sit down and update each other on what they are doing and discuss issues. Another thing that was talked about is the possibility of a liaison from the Town Board regularly attending the Planning Board meetings. Mr. Stein thought all those things need discussion. Ms. Valentino agreed. Mr. Burbank reported having attended a meeting that the Town held on the drainage situation in the northeast. He found it very informative and Town staff did a great job of presenting the options and the complexity of the situation. He was disappointed that not all Board members were able to be there. It is a complex situation and the solutions are not obvious. In Mr. Burbank's mind it did raise the fact that the Town Board needs to consider what, if anything, they may want to do relative to the proposed second phase of Brian/vood and whether they have any tools at their disposal. It is not clear to Mr. Burbank whether that will make the drainage system better for the existing homes or whether it has the potential to be worse. Mr. Burbank wanted the Town Board discuss that and perhaps hear an abbreviated version of | the technical presentation on drainage. n Final \ Regular Meeting of the Ithaca Town Board ) Monday, December 11, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Michael Koplinka-Loehr 4. Report of City of Ithaca Common Council - Robin Korherr 5. Report of Fire Commission 6. 6:00 p.m. - Persons to be Heard and Board Comments 7. 6:15 p.m. - Presentation by Andy Zepp, Finger Lakes Land Trust 8. Discuss continued support of Tutelo Park Event - Audrey Cooper, Brooke Hansen 9. Consider setting Organizational Meeting Date 10. Consider Acceptance of Updated Zoning Map 11. Consider Acceptance of Conifer Drive 12. Consider Setting a Public Hearing to Consider Adoption of the Transportation Plan 13. Consider setting a public hearing regarding a Local Law Amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction And Fire Prevention," to Conform Chapter 125 with New York State Requirements for Administration and Enforcement of New York State Fire Prevention and Building Code 14. Consider setting a public hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code, titled "Zoning", regarding Building Permits and Certificates of Occupancy 15. Consider Setting a public hearing regarding a Local Law Amending Chapter 153 of the Town of Ithaca Code, titled "Fees", regarding Fees for Certificates of Occupancy 16. Consider Setting Public Hearing regarding a Local Law Amending Chapter 9 of the Town of Ithaca Code, titled "Appearance Tickets", Designating Code Enforcement ■f Final Officers to Enforce Codes Relating to Buildings, Zoning, Planning, Environmental Control, and Fire Prevention and Safety 17. 7:00 p.m. - Public Hearing regarding local law amending chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Planning Board alternate members 18. Consider adoption of local law amending chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Planning Board alternate members 19. 7:10 p.m. - Public Hearing regarding local amending chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Zoning Board of Appeals Alternate Members 20. Consider adoption of local law amending chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Zoning Board of Appeals Alternate Members 21. Authorization for Supervisor to execute annual contracts - Coddington Road Community Center, Cornell Cooperative Extension, Joint Youth Commission, Learning Web, SPCA 22. Discussion of Training Requirements for Planning and Zoning Board Officials 23. Discussion of 2007 Committees ! 1 ^ 24. Consider authorization to appoint Temporary Planner 25. Consider authorization to enter into contract for Planning Consultant Services 26. Discussion of Annual Funding of the General Purpose Benefit Reserve Fund 27. Consider Appointments to Joint Youth Commission 28. Consent a. Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Create Finance Manager Position - SCLIWC e. Abolish Administration Manager Position - SCLIWC f. Appoint Account Clerk Typist - SCLIWC 29. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning i ] Final e. Budget Officer f. Manager of Human Resources g. Network/Records Specialist h. Recreation and Youth Coordinator i. Attorney for the Town 30. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Alternate Energy Committee d. Capital Projects and Fiscal Planning Committee e. Codes and Ordinances Committee f. Ethics Board g. Personnel Committee h. Public Works Committee i. Recreation and Human Services Committee 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 i. Tompkins County Council of Governments (TCCOG) 32. Review of Correspondence a. 11/21/2006 email from Lenore Durkee re serving on Conservation Board 33. Consider Adjournment December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Supervisor Valentino reported that the meeting with the Department of State officials regarding the relationship of the Town Board with the Planning and Zoning Boards had been taped. She told the Board she is in the process of working with staff to pull together information regarding the drainage issue and thought the Board should hold a special meeting to discuss and explore the options that the Town Board has in dealing with some of these projects. Her understanding regarding the Brian/vood project is that the Planning Board is waiting for some revised plans; there is no need for the Town Board to rush through anything. Mr. Stein asked Mr. Kanter what the timetable was on the developer getting final approval for Briarwood II. Mr. Kanter told him it was entirely up to the developers at this point. They have received preliminary approvals, but subject to a list of about 20 conditions that had to be met and incorporated into the plan. Not the least of which is a storm water management plan about which Mr. Kanter thought they had talked to the Town's engineering people on a preliminary basis. Mr. Stein asked what was the soonest it could come. Mr. Kanter told him the absolute soonest would be 30 days from the date they submit a completed final application incorporating all of the conditions in the Planning Board resolution. Ms. Valentino reported that she was working as fast as she could on getting information to have a useful meeting for the Town Board. Mr. Engman felt the meeting was a great idea. He asked if there would be a request for the Town Board to accept a road in the project. Mr. Kanter told him there would be. Mr. Walker stated that before the developer can even come to the final Planning Board Meeting, the Town Board needs to accept the location of the road and public utilities; the concept of where the road will be and where the public utilities will be. That would also include drainage for which the Town would have any responsibility. Sometime prior to them coming to the final approval process, staff will be bringing that to the Town Board as one of the conditions of the preliminary approval. Mr. Kanter stated that this was a little different from the normal subdivision because they have been holding off on bringing anything to the Town Board on the concept of road location and utilities because there were so many changes required; it didn't make sense to bring the earlier version which was subject to many changes. They are waiting for that final plan before they bring it to the Town Board for consideration. Mr. Cowie asked if they were thinking of January for the special meeting. Ms. Valentino told him yes. She stated there were things she wanted to go over with Susan Brock, the engineering staff, and planning staff. Ms. Valentino asked when in January Mr. Stein would be available. He stated he would be available toward the end of January. There was brief Board discussion about deer control. There were no further comments from the Board. There was no one present for Persons to be Heard. Agenda item No. 7 - Presentation from Finger Lakes Land Trust (Attachment #3 - 12/11/06 letter from A, Zepp regarding protection of 117 acres; Newsletter of the Finger Lakes Land Trust) Andy Zepp appeared before the Board on behalf of the Finger Lakes Land Trust. December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 I'm here to talk to you tonight about a recent acquisition by the Finger Lakes Land Trust that is partially within the town and also partially within the town of Newfield. For years the Land j Trust has been interested in the area around Lick Brook at the south end of the Town and over the years we have acquired land there that abuts the Finger Lakes Trail. We've acquired a conservation easement on the Thayer property. Cornell Plantations has acquired land and the State of New York has actually expanded Treman State Park so now there is kind of a mosaic of protected lands. In the package you'll see a map that highlights the different land holdings. One of the missing puzzle pieces was land owned by the Babcock family, one of the last holdings of what was once an expansive farm at the south end of Town. We acquired this property last month, about 117 acres. It w/'as of particular interest not Just to us but also Cornell, the State and so on, other groups. Some of the features include more than a mile of frontage on the Cayuga Inlet. It hosts a segment of the Finger Lakes Trail connecting Treman State Park to our Lick Brook Preserve which then the trail goes on to Buttermilk State Park. It includes a wooded hillside that is quite steep and is visible (inaudible) with a view from lower Treman State Park as well as State Route 13. From out standpoint what w/'as one of the more significant aspects is that it is contiguous actually to State land as well as Cornell Plantation's natural area, it is actually part of a 2,000 acre patchwork of protected lands significant for autumn wildlife species, accessible recreation area very close to right where we are today. So we acted. We purchased the property for $150,000, slightly less than it appraised value. The property had a lot of timber value, which we find more and more now. Hardwood timber is at a record high. This property does not have road frontage, it has two rights-of-way to State Route 34/96 as well as (inaudible) road to the south in the Town of Newfield. We were able to make the purchase through an internal \ \ loan. We have a land acquisition fund as well as a commitment of $75,000 from Comell University. Last spring we entered into a formal agreement with Comell to work together to protect natural areas of interest and this was part of that agreement, $150,000. So fuliy half of that grant is being committed to this particular property. We have set out on a $200,000 fund raising campaign for the land, to cover the purchase as well as the long-term stewardship. During the next year we will be developing a management plan. The kind of assumptions of that plan will be continued public access by the Finger Lakes Trail, continued public fishing access on the Cayuga Inlet. The State of New York actually owns the fishing access rights. And then protection of the overall resources. Of the campaign, I think we're at $121,000 right now towards the $200,000 goal. So my purpose here tonight is both to fill you in on this project, answer any questions you might have, but also to ask you consider the Town supporting it. We are also going to the County to request a commitment of $20,000 from the County's Open Space Capital Reserve which was established last year. We think it will be tremendous resource for residents of the Town. It will also insure that the Cayuga Inlet is not susceptible to the water quality degradation that will take place given either a harsh logging operation on the slopes or, long term, if combined with adjoining properties there is the potential for development though right now it's quite limited. Our hope too, if you look at that map in your packet, is we're continuing to engage other landowners, particularly the Finger Lakes Trail Corridor, to seek conservation of key parcels. Not so much through acquisition, but by the use of conservation easements and in the case of the trail itself, access easements. So it's an area of ongoing focus and if the Town chooses to support this effort, one of the things it would do is allow us to move forward, free up staff time, to shift ' from fund raising to additional land protection. This year is a particularly good year to do that. You'll not on the front of this newsletter we two new tax incentives for conservation December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 easements. For the first time New York State is providing a property tax credit to reimburse annually the owners of land under easement. Up to 25% of their school and local property taxes. So this has no revenue impact on the Town, but means that when a landowner with an easement on their property does their taxes, the State taxes, they will document that they have an easement and what the paid in local and school taxes and the State of New York will issue a credit. So that's a big incentive. At the federal level as well they've expanded the deductibility of easements. In vagaries of Congress they've extended it only through December 31^^ 2007 so that's a particular reason. They may extend it beyond that, but they may not. So this year we expect a big opportunity to secure land for these donated easements. Also likely an excess of demand that we might not have the capacity to meet. So that is a brief overview of the project. Again it is the goal of the Land Trust to maintain this as open space. It will be open the public. In developing the management plan we will be back in touch with representatives of the Town as well as New York State, Comell Plantations, neighbored landowners. But the presumption is that we'd manage this essentially passive open space accommodating the Finger Lakes (tum tape) In response to questions from Mr. Burbank, Mr. Zepp stated that the best way to access the property is by State land. New York Sate Parks picked up a piece where Route 13 meets Route 34/96. There's an informal gravel parking area where the Finger Lakes Trail crosses the railroad onto this property. It then runs a little bit north bordering Cornell Plantation's land in the middle of a fallow field where there is a gas pipeline. To the south it extends almost to Sunny's Convenience Store. Councilman Engman stated the reason he was excited about this is if you take a look at the aerial map and look at Buttermilk Falls State Park and the Town of Ithaca trail that will extend down to the "bridge to nowhere", there is a planned connection between there, through Buttermilk, and all the way down to the Finger Lakes Trail. It would be, to Mr. Engman's knowledge, the only connection the Town of Ithaca has with the Finger Lakes Trail. It means somebody from the Town would be able to start hiking and go to the Finger Lakes Trail and continue basically as far as they possibly, physically can. It's a really great trail connection. The other thing that is exciting about this is that if the Town can partner with the County on this, he believes the Finger Lakes Land Trust has said it would be possible to have permanent accessibility for the public to the property. That would be a wonderful thing for the two governments to have. Mr. Engman thought there was a lot of positive gain to be had for the Town of Ithaca in this project. It would also help to support the County in their new effort. Partnering with them would be a great way for them to show some initial success and hopefully continue the enthusiasm on the part of the legislators to continue that program. He thought there were a lot of powerful incentives for taking a close look at the project. Mr. Stein asked what would happen if the Land Trust did not get more than $121,000. Mr. Zepp told him the Land Trust now owns the property. They took an internal loan from resources. Ms. Valentino asked what the next step would be for the Town if they chose to participate. Mr. Engman stated they would need to talk about money. His suggestion would be that the Town match the County's $20,000 contribution and thought it would be a good use of some of the monies the Town has already set aside. It would not entail any new allocation from the tax base at the moment. He thought it would be a major assistance in the project and the December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Town could afford it in terms of their reserve fund. The downside would be that any money they took out of the Open Space Resen/e Fund means that money would not be there if another opportunity arises. Mr. Engman would like to ask everybody to think about this, mull it over, and come back and talk about it at another meeting to see if people are willing to consider it further. Mr. Engman reported having spoken to Attorney Brock regarding the legalities of it all and she has said that the Town can legally make an arrangement with the County. Ms. Brock clarified stating as long as the donation benefits the interests of the Town residents and she thought Mr. Engman has articulated what the benefits will be. In response to questions from Mr. Stein, Mr. Zepp stated that Cornell will hold a reversionary interest. As part of the grant agreement with Cornell they have a stipulation in the event the Land Trust ceases to exist or ceases to use it as a public conservation area. There's a legal restriction, the exact wording of which Mr. Zepp would be happy to provide, that affects anything they purchase with the grant funding with Cornell. Mr. Zepp continued stating the Land Trust's current endowment stands at $600,000 and it has been growing significantly in the last few years. In the unlikely event the Land Trust did cease to exist, it would go to a judge to decide to transfer the assets to a like-minded organization. In this case though there would be this agreement with Cornell. Mr. Stein asked, in the event the Land Trust ceases to exist, can Cornell use the property for its own interests? Mr. Zepp stated it's for conservation and he would be happy to provide the precise language. Ms. Valentino asked that the information be provided stating it will certainly have some impact on the Board's decision. Mr. Engman told the Board that he was involved with the Land Trust 15 years ago, as president and board member, and at that time they lived in constant fear that they would get sued or have to sue and didn't have money in the bank to fall back on. The build up of an endowment has been very deliberate and is a procedure that has been gone through in order to make sure that the Finger Lakes Land Trust can play out what it has promised to do. Owning land is a liability and you have to have money set aside in order to deal with eventualities. Ms. Brock disclosed to the Board that she was a six-year Board member of the Land Trust, thanks to Mr. Engman's prodding. She has been off the Board for about 10 years. She also provided legal advice for the Land Trust for a period of 6 to 8 years. She is still listed on their newsletter as a legal advisor, but has not done any legal work for 5 or more years. Ms. Brock does not perceive a conflict of interest but wanted the Board to know of passed ties to the Land Trust and let them know there is no current connection between herself and the Land Trust other than the fact that she is a Land Trust member. Mr. Kanter asked Mr. Zepp what the process and timeframe is for the County and their decision. Mr. Zepp told him it was brought to the Planning Advisory Board and then he thinks it's the Planning and Development Legislative Committee. It's working its way through. He thought it was probably two months before it goes to the Legislature. Mr. Zepp invited the Board to call him with any questions and to take them to see the property. Ms. Valentino thanked Mr. Zepp. December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Agenda Item No. 8 - Discuss Continued Support of Tutelo Park Event Ms. Valentino told the Board that Audrey Cooper and Brooke Hansen of the American Indian Program at Ithaca College came to the Recreation and Human Services meeting regarding the Tutelo Park event. They talked in detail about what went well and some of the things that would need improvement. Ms. Valentino reported that Ms. Cooper and Ms. Hansen were very pleased with the way the event went and were hopeful that the Town of Ithaca would continue to provide some kind of support. It was said at the Recreation and Human Services Committee meeting they thought the Town Board would be interested in supporting the event but not at the same level that we provided for this year's event. Ms. Valentino turned the discussion over to Ms. Cooper. Ms. Cooper thanked the Town Board for the support they gave to the Tutelo Park homecoming celebration, which was an incredible success for a first time festival of its kind. It says a lot about the Town's commitment to the first peoples of the land, it also says a lot to the Town's helping to keep this event alive. They are hoping that going into 2007 the Town Board will once again give its support to the Tutelo Park Homecoming Celebration, which they would like to make an annual event. There has been talk of making it a 2-day event, but for 2007 it would still be a 1-day event but with longer hours. On behalf of the Multi-Cultural Resource Center Ms. Cooper is prepared to help coordinate the event. Ms. Cooper hoped Ms. Kirchgessner would continue with the planning committee because she was invaluable. Many of Ms. Cooper's brothers and sisters from the Native American community were very pleased that the event happened. They were also very pleased with the respect that was shown to the first peoples. Ms. Cooper turned the discussion over to Jack Ross. Mr. Ross introduced himself to the Board as Chair of the Anthropology Department of Ithaca College and co-coordinator with Brooke Hansen of Native American Studies. Mr. Ross estimated that at least 500 people came through the park on the day of the event. He has gotten feedback from the Native American people and they thought the event was terrific. Mr. Ross commended Ms. Kirchgessner's fabulous job stating she deserves everybody's thanks. Ms. Cooper invited any interested Board members to join the event's planning committee and Mr. Ross reported informal efforts to get local business to help support the event. Ms. Valentino mentioned the support of Wells College in addition to Ithaca College and Cornell University. She is hopeful that the Town Board can make a commitment to reserve Tutelo Park for the event. She commented on the cost of the services provided by the Town's highway department and mentioned the offer by Ithaca College of a shuttle bus. Ms. Cooper commended the Town's highway department personnel stating the Town had a lot to be proud of. Personnel were welcoming, affirming, and willing to do whatever they could to help in setting up and taking stuff down. She hoped the Board would recognize them in some small way. Mr. Stein asked about Cornell's involvement. Ms. Cooper stated that Cornell gave money. Unfortunately they could not get too much assistance in terms of coordinating because program staff was in flux. She thought they would be more involved next year. Ms. Valentino asked if the Board would be agreeable to setting Tutelo Park aside for the date of the event. There were no objections. p December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Mr. Burbank stated that what the committee is asking for at this point is somewhat open because it will be dependent on what resources can be gained from others. What they are looking for is a sense of the Board that they want to be supportive of the event in a variety of ways. Mr. Burbank stated he would support the continued involvement of Ms. Kirchgessner because he thought she played a very important roll. While the Town cannot commit overall as much staff as we did this time, he thought Ms. Krichgessner's involvement was appropriate. Beyond this there may be a call at a later date for some financial support. It is not budgeted at this point and he thought the expectation was that most of what the Town can do is in-kind and encourage the committee to drink from other wells. Mr. Ross stated that next year he will have at least 20 students to work on the event. Ms. Johnson-Kelly, Town Historian, reported that the financial support that was used for the Tutelo Park opening this fall basically did come from outside the Town and that the bulk of the Town's contribution was in labor. There was a lot of labor. As far as tent rentals and all of that, that largely came from a celebrations grant in addition to the contributions from Ithaca College, Wells College, Cornell, etc. She thought that the committee was prepared to go out and get money again. It really is largely labor that they are looking for in terms of support from the Town. Supervisor Valentino commended Ms. Johnson-Kelly for her roll in the event. Ms. Drake pointed out that the Board should be aware of the insurance liability side of this. The Town is picking that up. Ms. Cooper thanked the Board. ^ f i Agenda Item No. 11 - Consider Acceptance of Conifer Drive (Attachment #4 - Site plan and draft agreement) Dave Harding, Landscape Architect with Carl Jahn and Associates Mr. Harding appeared before the Board with Lisa Goodberry of Conifer Realty. Mr. Harding told the Board they are requesting that the Town accept Conifer Drive as a public road. Conifer Drive is associated with the proposed Conifer Senior apartment complex. Mr. Harding indicated on a subdivision map the road they are asking the Board to accept. It involves 350 lineal feet of existing roadway that was developed as the access into the existing apartment complexes plus a 500-foot long extension to just past the driveway entrance up into the senior apartment complex. The acceptance would be based on the proposed engineering plans dated December 5, 2006 that the developer submitted and a letter of credit acceptable to the Town. Mr. Harding told the Board that they could not obtain a building permit for the apartment project until there is a dedicated public road giving it frontage and making it a legal lot. Conifer does not want to develop the road and then have all their construction vehicles tear it up. So what they are proposing to do is to, starting in spring of 2007, extend the road in a gravel base that will also serve as a construction access road. Upon the conclusion of the heavy equipment phase of the senior apartment project, Mr. Harding stated they will finish the roadway. The finishing will include grinding up the existing asphalt courses on the 350 foot stretch of road and blending that in to the existing ^ stone base and then building up with stone and asphalt. They will also widen the road out to j 28 feet wide, consistent with the Town standards. 8 1"^ December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Mr. Harding had the overall conceptual development for the rest of the site so that the Board could get a better appreciation of how Conifer Drive will eventually be extended up through the site along the west edge of the lands designated to be parkland. Mr. Harding continued stating that then there would be a network of roads that would be subject to the Planning Board approval processes to serve what is suggested to be patio homes and some traditional single family lots toward the rear of the site. Mr. Harding briefly went over a layout plan from the December 5*"^ set of documents following which he asked for questions from the Board. Ms. Valentino invited input from Mr. Noteboom and Mr. Walker. Mr. Noteboom told the Board he felt satisfied that the Town had everything in the conditions to meet what the Town requires to build the infrastructure. The developer is going to post a letter of credit. Councilman Stein asked if there was a further extension of the road planned. Mr. Harding told him that there is and as the market demand dictates future development of the property, that road will be extended. Mr. Harding stated that the Board should also be aware that there is a secondary reason why the road needs to be extended and that is in order satisfy emergency access requirements to the site; they were given approvals that basically make it a prerequisite of any future development of the site. Mr. Harding stated they understood there were some other development initiatives on the adjoining sites to the west and maybe even to the north that might dictate that the road be developed sooner as opposed to later. Mr. Walker added that this is the one road that is actually shown on the Town's official highway map as a future road location. Mr. Stein reported that in discussions he has had with people on the Public Works Committee they pointed out that roads that are not fully built seriously impact the Town's snow removal process because of the fact that they have to turn the plow around and come out again. Some of the employees he talked to wondered why the Town does not require that the road be constructed for the entire project in the beginning. Mr. Walker told him it was a good point and in a perfect world it would be nice to have 2 or 3 million dollars to build the whole road at once. The procedure the Town has followed as long as Mr. Walker has been here has been to accept roads built by developers as development has occurred. The Town, to date, has not constructed a total road that Mr. Walker is aware of from scratch. They have basically made that a requirement of the developer's cost as they develop property. This particular road has been shown on a map of the Town's highway system as being important to connect Mecklenburg Road/Route 79 with the Bundy Road/Route 96 area on the northwest part of the Town. The subdivision of the Perry property shows a road that will connect to this. When the Perry subdivision came in the Town Board was shown that road location and accepted the location of the roads; they actually have preliminary subdivision approval. Mr. Walker guessed it has been felt that to have a developer build a tremendous amount of road at once and not build it in phases might be an economic disadvantage to the developer. Mr. Stein stated it was an economic disadvantage to the Town to have to plow it as a dead end road. Mr. Noteboom responded stating it is a point well taken. There are quite a few dead ends in the Town and he would hazard a guess that more than half of them have been created by projects the next phase of which never happened. Mr. Noteboom told him that is why the road under consideration was put on the official map. Mr. Stein stated he was curious about how much of a problem it would be for the developer to extend the road to a point where it meets another road. Mr. Noteboom told him it would have to go beyond Conifer's property. That property has already been through the planning process and they have the location of a road through that property also. Looking at the master plan, Mr. Walker stated that the upper right hand corner of the map has December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 a Town park. Just to the north of that there is an adjoining parcel that has been granted by the Perry farm. So the Town has a large parkland area. The Town has a right-of-way that has been granted already from the Conifer people to give the Town access to the park. Plus I there is also another access right of way from the City line for the Town's water main, which runs up that hill. Only half of the potential roadway is on lands controlled by the developer. The remaining part of the road would extend north of the property; the remainder is on the Perry farm. Supervisor Valentino asked if the Town required turnarounds. Mr. Walker told her, "yes". Mr. Harding told the Board they were providing that opportunity at the driveway entrance. The expectation is that the truck would pull into the dead end head and be able to drive out. Mr. Stein stated his understanding after talking with Highway personnel is that the turnarounds the Town provides are not ones where you just drive through and he asked if there was any possibility of making the developer do that. Mr. Noteboom stated that they could offer to make them do anything the Board wanted, but he was not sure of the point, if they were going to continue the road because they would have to have 150 foot circumference to put a turnaround in. Mr. Cowie added that then they would be stuck with a big circle. Mr. Stein thought they could take out that circle if they continued the road. He stated he was talking about something he doesn't know anything about, but he did hear this complaint from some of the guys in the Public Works Committee. That complaint being that the Town should not keep accepting roads that make it difficult for them to plow. They told Mr. Stein they considered this a major problem. Mr. Noteboom responded stating the truth of the matter is dead ends are probably a little more expensive to maintain, because drivers are making extra ^ maneuvers. If a road is a through road, you just drive right through. But Mr. Noteboom did j ] not know how it could be avoided in this particular case. Mr. Engman stated that the project in front of them is designed to meet that concern because eventually the road will go through. He did not see this particular road as being part of the problem. Mr. Walker added that, on these projects, the Town has made sure that they have sufficient turning radiuses and room to store the snow. Where there are shorter roads, such as Spruce Way, there's really no place to turn around there because it is such a small road and that does cause more headaches. This road will have a bigger turnaround than the Town has on some of the older roads. Someday, some truck driver will be able to plow all the way through to Bundy Road. Right now, without any more houses in there, it is hard to justify the cost of putting that road in. Mr. Engman had a question regarding the park. He stated his understanding that eventually the road will be the major access to the Town park. His question was whether there were sidewalks or trails provided so that residents from both Overlook and the Conifer development can walk or bicycle ride to the park. Mr. Walker told him, yes, there are provisions for a walkway. There is an 80-foot wide right-of-way so there is enough room for a walkway and to maintain it. Mr. Walker added that currently the park is undeveloped; it can be accessed by Town residents or anyone to walk through as a natural area. The Town has an easement to access the park, which follows the basic line of the road. There has been no improvement of that right-of-way. Mr. Walker supposed that if the road never gets finished, the Town has the opportunity to build a trail up to the park. The Town may start off with something as simple as mowing a path through there so people that really want to take a hike j can do it. There is a mowed trail all the way up for the water tank site. At the west side of the property the Town has a water main that goes all the way across the property and that is 10 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 mowed twice a year; that's a fairly nice path for people to walk that don't mind going out into the fields. Mr. Kanter stated that based on recommendations from the Town Board, when the Planning Board granted final site plan approval for the Conifer Village Apartments they did require a walkway to be extended along the road right-of-way from the Conifer Apartments down to Route 79. In addition, they actually did require a walkway going east over to the Linderman Creek Phase 1 apartments, which Mr. Kanter thought was a suggestion of the Town Board. Mr. Kanter thought this was the beginning of a walkway system that can provide access throughout the development and to the Town park. Mr. Harding pointed out that on the conceptual, overall plan they illustrate a network of pathways through the development, through green-space corridors that will provide further pedestrian access opportunities to the park. Mr. Burbank stated that on the Town's bicycle corridor plan, they are showing a bicycle corridor going from Bundy Road through this property right along the path to 79. He asked at what phase that bicycle path would get built and can it be done in stages by asking the developer to essentially construct part of that trail as we go. It seemed to him a very reasonable thing to require. Mr. Kanter responded that it was a possibility and it is also why the road right-of-way for the portion that they are requesting be accepted by the Town is 80 feet wide because it does provide the opportunity to put it there. It is totally up to the Town Board and Planning Board as to how it happens. It could become a requirement of future development of the property. Mr. Burbank stated his concern is that the property will be built in phases and there will never be a stage at which they can say, now is the time that you do it. If it is being done as we go along, then there is a logic. He realizes it will be a path to nowhere but, like the road, it eventually will go somewhere. Secondly, Mr. Burbank would very much like to do something to create some heightened public access to what is essentially our park preserve there. Right now you can access it from the water pump station next to the City's tank, but you are greeted by discouraging signs telling you it's not a public trail. Mr. Burbank would like to see a minimal place where the public could park a car and walk on into the park that we would mow and would give some access to this preserve. There are no plans to develop that park, but Mr. Burbank would like some access Mr. Walker told him that right now the easement that we have, there is some question about the portion that is in the City. We have an easement from the City on what has been mapped as a City street at some point. There's only one house that abuts it and that actually has frontage on Oakwood Lane. Mr. Burbank told him that as part of this project and the Conifer Drive extension he would like to see access coming in that way, along the route of what will eventually be Conifer Drive. Mr. Burbank wants some place for the public to park where they see a sign for the Town preserve or undeveloped park and an indication that the individual has a right to go there. Mr. Harding asked what the Town's policy was regarding on street parking? He asked if there would be anything that prohibited a vehicle from parallel parking along the edge of the 28-foot wide roadway. Mr. Walker told him people are not allowed to park on the driving lanes; they are allowed to park on the shoulder. Mr. Walker thought one thing that could happen in the summer time is that the turnaround could be used for parking. In the 11 Mr. Stein stated he was still concerned about the snowplow problem. He asked Mr. Noteboom if there was any way that they could design this to minimize the problem that the snow plowers feel regarding dead end streets? Any change in the design that would make it easier for them to plow it? Mr. Noteboom told him the hammerhead design that they have is probably as good as you are going to get. Mr. Stein wondered if the Board needed to think about this for a month before deciding. Mr. Noteboom told him he was happy about what was proposed. The unknowns are, if Conifer goes bankrupt in the future is an unknown, and the road may never get built until someone else buys the land. Mr. Stein added, "or it may take a long time to do if. He cited the Brian/vood proposal stating it took 25 / 30 years for the whole plan to be finished and asked, if there is a guarantee that they are going to build the road, why don't they do it now? He thought the reason they didn't want to build it now is because it cost money and they may never develop the other land. The statement that it's planned so they'll build it and we don't have to worry about it, Mr. Stein did not find very convincing. Mr. Harding told him this was a publicly funded, tax incentive project and the cost to incorporate an extension of the road, which he did study, was upwards of 1.4 million dollars with the assumption that they would get the cooperation of one of the other property owners. The project just would not obtain the approvals from the funding agency in that scenario and the project will not occur. Mr. Harding stated that there are other strategies to make the roads happen, which he knew some municipalities employ. They build roads themselves with the expectation that it will encourage development. Mr. Kanter stated that this will not be done in further increments. The next portion of the road will be a through connection somewhere. It will either go up to Bundy Road or it will come out the adjacent property to the north and west, which is owned by Mr. Rancich, and he has his 12 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 wintertime we need to be able to push snow in there so it would not be available. He supposed the Town could make some kind of provision to utilize the end of the road as a n parking area, similar to what we do on Juniper Drive. j Supervisor Valentino felt this was something that should be worked out and put in place at the Public Works Committee. Mr. Burbank thought that would be appropriate but felt because they were calling for an approval this was the time to make his interest known. Mr. Noteboom commented that the developer will not build a bike trail through there unless it is on the plan right now. Mr. Harding told the Board that this is not a new topic; it was discussed considerably through the Planning Board approval process. Mr. Harding continued stating they came to resolution with the Planning Board that, until such time that there was really some linkage or strong potential for linkage to points north, it did not make a lot sense to build that at this point. As the road gets developed, the next phase is going to require that this road extend to some point offsite and provide second public access. This is an emergency access issue and, during the scope of that project is when they discussed the bike trail potentially being developed if the Town were still interested in it at that point. The other component to that was whether the reserve lands would ever become a formal park that provided a destination for bikers. Mr. Harding stated they have accommodated it to the extent possible by providing the area and the right of ways and expect that will be a prerequisite of future approvals. n n December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 own development plans. It cannot be another phased dead-end because that will exceed the length of the dead end cul-de-sac that is permitted by the Town. It has to go through and also the Fire Department will not provide any additional service beyond the Conifer Village Apartment without that through connection. If for some reason no further development happens, that is one reason why the Town decided it was important enough to put it on the official map of the Town because it also is an important connection for future emergency vehicle access from Mecklenburg through to Bundy Road. Regardless of development, if the Town felt at some point that we really need that, the Town could certainly go and build the road. Mr. Burbank stated he was concerned about the way these things come to the Town Board, they do not ever have an appropriate time to make requests for inclusion of public amenities. He would like to see if, in the scope of the project, they could add some public accommodation to it, a parking area that would be off-pavement and signage along a right-of- way to the Town's park. Mr. Burbank asked if this was something that would be within reasonable feasibility. Ms. Goodberry stated that at this point she does not see that as happening because right now they have some finances from public (inaudible). The only way that the project can be built is if they have everything in place by January They were not expecting anything and have been working diligently to try to get everything to them in time. She did not think, in terms of the planning process, there is time to go back and resubmit all the permits. She stated she understood the Board's concerns but did not think realistically that they would be able to do this at this point in the project. It is only because of the funding. Ms. Valentino stated that they have to have a building permit by January 11^"^ in order for them to get the credits that we have been working so hard for them to get, or they will lose it; that's a drop-dead date. Ms. Goodberry reported that the County was in what is called a "difficult development area" and they got dropped off that federal list. When you are in a "difficult development area" you get a boost in funding for developing in that area. Once it gets dropped the funder will give you a specific time line and say, okay you can keep that boost if you meet certain conditions by a certain time. The deadline to meet the conditions is January IS*''. A whole lot of legal things need to occur by that date and Ms. Goodberry did not think it was going to be possible, especially with Christmas coming, to do what Mr. Burbank has requested. Ms. Valentino stated she thought they needed to end the discussion pretty soon. Mr. Stein stated it was an important issue. He stated he will vote for acceptance, but stated there was something faulty about the Town's process that these kinds of decisions come to the Town Board so late that there is nothing else they can do responsibly except vote "yes". He stated he thinks the Town Board must have better communication with the Planning Board. They have to understand what obligations they are going to face on a time scale that allows them to have adequate discussion, to refer it to committees, to have all of the questions answered before they are faced with a deadline that requires them to vote "yes". 13 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Mr. Walker told him that the Town Board passed a resolution accepting the location of the road about two years ago. The Board did have an opportunity to speak. It may not have been that the Board was as aware of the issues at that time. The Planning Board usually has j I taken it very "strongly" and they have in this case too, about the public amenities. There have been discussions with the Highway Superintendent as far as operation and maintenance. Mr. Walker stated it was important for the Town Board to be involved in this. For the Briarwood case the Town Board will be seeing that project for the acceptance of the location of the roads and public facilities when the Town gets all the information. Mr. Walker stated he was looking at this as somewhat of a formality. The special thing the Board is doing here is actually accepting the road before it is built. Usually, the Town does not accept the road before it is built. That's why this has come before the Board at this time, because the developer needs that road accepted so that the parcel has legal access so they can get their building permit. The developer is putting up the financial security to insure that the road will get build. That is what is in front of the Board tonight. Mr. Stein stated he did not want to argue about it, but the question is that a lot of times on the Board he never quite knows at what stage he is in the decision making. People often say, later on you'll have another chance to look at this. He stated he was just voicing his particular concern at the way this comes. When something comes to the Town Board, which is clearly a formality, then the Board is not in a position to exercise its function. Mr. Walker thought Mr. Burbank's suggestion regarding public access does need to come to the Public Works and Capital Projects committees. This particular park and the development of the park are not on the radar for capital projects in the next five years. If the Board wants j ; to move that up they need to go through that procedure. Providing some access is something they could probably work with the developer because they have been pretty cooperative, but there is a Town cost too because they do not have any facilities developed in that park at this point. Mr. Walker thought it was a great idea and they should move it through the formal process of the Public Works and Capital Projects committees. Supervisor Valentino asked if there was a resolution. Mr. Walker told her yes and stated he would like to make a correction. The length of the road should be 850 feet. Also the turnaround is actually station 800 instead of 500. Supervisor Valentino moved the resolution with the Mr. Walker's changes. Mr. Stein seconded. Attorney Brock had some questions and a potential change. (Turn tape) The fifth "whereas" needs to read, "the developer will enter into an agreement with the Town" to complete the roadway to the binder by, and that date says October 12, 2007, and then fully complete the pavement by May 15, 2008. But the road acceptance agreement says "the road must be completed not later than October 30, 2007". Ms. Brock asked Mr. Walker to enlighten them as to what dates are operative. Mr. Noteboom did not believe the schedule was realistic. Unless it's an unusual year, they will not be able to complete the paving in May. He stated he was reluctant to put it in an agreement when it is not realistic. 14 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Mr. Walker felt the October 30^*^ date for the binder was realistic. Mr. Noteboom thought the unrealistic part with that is, if it does not happen, we're left sitting there and cannot do anything about it. He stated he had mentioned this the other day when he looked at the schedule and said then that the dates were unrealistic, he was not bringing up new ground. Supervisor Valentino asked what it was they needed to say. Mr. Harding suggested June 15**^ instead of May 15*^. Mr. Noteboom stated that was a more realistic date. Ms. Brock asked about the October date. Mr. Noteboom thought October would be fine. Ms. Valentino asked Ms. Brock if there was anything else. Ms. Brock stated the agreement says, "the roads must be completed not later than October 30^*^ 2007" (last line on the first page of the agreement) and she thought that date should be changed to June 15, 2008. Ms. Brock recommended a change in the resolution, an authorization for the Town Supervisor to execute the agreement. She proposed the following language: "and authorizes the Town Supervisor to execute the road acceptance agreement subject to the approval of the Attorney for the Town." She told the Board that Guy Krogh had already reviewed the agreement, but if there are any changes that still need to be made, they will have the authority for that to happen without having to come back to the Board. Mr. Stein asked if there was any significance to the dates and what would happen if they didn't make them. Mr. Noteboom told him if they do not meet the dates, the Town goes ahead and does the work and whatever credit they put up pays for it. Mr. Stein was okay with the changes as discussed and the Board voted as follows: TB RESOLUTION NO, 2006- 251 : ACCEPTANCE OF A PORTION OF CONIFER DRIVE FOR DEDICATION AS A TOWN OF ITHACA ROADWAY. WHEREAS, Conifer Realty, L.L.C. (the "Developer") has requested the Town of Ithaca (the "Town") to accept a deed, for Town Highway purposes, by which the Developer will convey to the Town the parcel of land shown as a proposed Town Right-of- Way on Drawing L-2 of the construction Drawings for Conifer Village prepared by Carl Jahn & Associates and dated December 29, 2004, commencing at the intersection of Conifer Drive with NYS Route 79 and running approximately 850 feet in a northerly direction, as described in schedule A of the AGREEMENT, TOWN OF ITHACA ACCEPTANCE OF CONIFER DRIVE WHEREAS, the Developer will provide an easement to the Town of Ithaca to approximately 80 feet of the entrance drive intersecting the road R.O.W. at station 8+00 as a temporary turn around until such time as the remainder of Conifer Drive is constructed and dedicated to the Town; and 15 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 WHEREAS, the road to be conveyed has not yet been completed to the Town of Ithaca specification; and I i WHEREAS, The Developer will construct the water improvements, sanitary sewer improvements and the storm water facilities to Town of Ithaca specifications, and WHEREAS, The Developer will entered into an agreement with the Town to complete the road way to the binder by October 30, 2007 and fully complete the pavement by June 15, 2008 and will provide financial security to the Town of Ithaca in the amount of $360,000 to be held until completion of the road, such amount being sufficient for the Town of Ithaca to complete the road in the event that the Developer defaults, and WHEREAS, the Town Superintendent of Highways has recommended the acceptance of said parcel for dedication for highway and utility purposes; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby accepts as public roadway approximately 850 lineal feet of property as referenced above known as Conifer Drive subject to the conditions of the road acceptance Agreement AND AUTHORIZES THE town Supervisor to execute the road acceptance agreement, subject to the approval of the Attorney for the Town, Highway Superintendent, and Town Engineer. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, nay; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Ms. Valentino asked if Mr. Burbank would like to state for the record why he voted "nay". Mr. Burbank stated that in no sense is his negative vote a negative statement on what the developer is attempting to do or their presentation at the evening's meeting. It is more about the Town's process, which Mr. Burbank has really been unhappy with in terms of the Town Board's ability to affect a decision such as the one before them at the appropriate time. What Mr. Burbank wants the Town Board to do is to commit to work early on in the final phase and make it clear that he does want the public amenities that he has mentioned: access to the park, construction of a trail as part of the whole project. He thought they needed to convey to the Planning Board that that is the sense of this Board if, indeed, it is the sense of the Board. Mr. Stein agreed with Mr. Burbank's statement. Ms. Valentino felt it would be important for the Board to review the process. She did not think it was up to any one of the Board members alone to figure out how they are going to improve on it, how they are going to get this sort of information and act on it. Maybe have a 16 n December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 committee put together for a while to work with the Planning Board on how these processes work and see what kinds of things can be done to take care of these concerns. Otherwise it is going to keep happening unless the Board puts in some real effort and figures out how to do it differently. She thought they needed to think about that in the new year. There was considerable discussion regarding changes that need to be made to the agreement the Board just authorized the Supervisor to execute. The draft agreement sent to the Board in their packets was an earlier version of the draft that has since been changed. Ms. Goodberry had copies of the most recent draft agreement that was distributed to the Board. Needed changes include: legal parties should read "Conifer Realty LLC, Linderman Creek II Associates LLC, Ithaca Senior Living LLC, and the Town of Ithaca"; $360,00 should replace the $287,000 in paragraph 7. Attorney Brock advised the Board to rescind their earlier resolution. Supervisor Valentino recommended authorization following review by herself. Attorney for the Town, Highway Superintendent, and Town Engineer. TB RESOLUTION NO. 2006- 252: Rescind Town Board Resolution No. 2006-151 regarding Acceptance of a portion of Conifer WHEREAS there are needed changes to the agreement the Town Board authorized the Supervisor to execute through passage of Resolution No. 2006-251; now, therefore, BE IT RESOLVED that the Town Board of the Town of Ithaca rescinds Resolution No. 2005- 151. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. ABSENT: Councilwoman Gittelman TB RESOLUTION NO. 2006- 253: ACCEPTANCE OF A PORTION OF CONIFER DRIVE FOR DEDICATiON AS A TOWN OF ITHACA ROADWAY. WHEREAS, Conifer Realty LLC, Linderman Creek II Associates LLC, Ithaca Senior Living LLC (the "Developer") has requested the Town of Ithaca (the "Town") to accept a deed, for Town Highway purposes, by which the Developer will convey to the Town the parcel of land shown as a proposed Town Right-of- Way on Drawing L-2 of the construction Drawings for Conifer Village prepared by Carl Jahn & Associates and dated December 29, 2004, commencing at the intersection of Conifer Drive with NYS Route 79 and running approximately 850 feet in a northerly direction, as described in schedule A of the AGREEMENT, TOWN OF ITHACA ACCEPTANCE OF CONIFER DRIVE WHEREAS, the Developer will provide an easement to the Town of Ithaca to approximately 80 feet of the entrance drive intersecting the road R.O.W. at station 8+00 as a 17 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 temporary turn around until such time as the remainder of Conifer Drive is constructed and dedicated to the Town; and I '' WHEREAS, the road to be conveyed has not yet been completed to the Town of Ithaca specification; and WHEREAS, The Developer will construct the water improvements, sanitary sewer improvements and the storm water facilities to Town of Ithaca specifications, and WHEREAS, The Developer will entered into an agreement with the Town to complete the road way to the binder by October 30, 2007 and fully complete the pavement by June 15, 2008 and will provide financial security to the Town of Ithaca in the amount of $360,000 to be held until completion of the road, such amount being sufficient for the Town of Ithaca to complete the road in the event that the Developer defaults, and WHEREAS, the Town Superintendent of Highways has recommended the acceptance of said parcel for dedication for highway and utility purposes; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby accepts as public roadway approximately 850 lineal feet of property as referenced above known as Conifer Drive subject to the conditions of the road acceptance agreement between the Town of m Ithaca and Conifer Realty LLC, Linderman Creek II Associates LLC, and Ithaca Senior Living LLC, and authorizes the Town Supervisor to execute the road acceptance agreement subject I to the approval of the Attorney for the Town, Highway Superintendent, and Town Engineer. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, nay; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. Supervisor Valentino stated that she was upset about the confusion. She stated that we are all going to have to help each other to make sure that the Board is not getting things in their packets that have so many errors; it is not acceptable. Agenda Item No, 17 n Public Hearing regarding local law amending chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Planning Board alternate members (Attachment #5 - draft local law) Supervisor Valentino opened the public hearing. The hearing was posted and published as required. Ms. Valentino asked if there was anyone present to address the Board. There being none, Ms. Valentino closed the public hearing and brought discussion to the Board. 18 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Councilman Engman stated the thinking in Codes and Ordinances was that as long as there were already alternates established for the Zoning Board of Appeals the Town might as well consider the same for the Planning Board. Because there are no alternates for the Planning Board the amendment would not, in effect, mean anything until the Planning Board wanted alternates and the Town Board decided that it would authorize them. Codes and Ordinances sent to the Planning Board the draft amendment they had worked out with the Zoning Board of Appeals. The Planning Board had a recommendation for a change. They thought that it was way too open in terms of the reasons why one would appoint an alternate. Codes and Ordinances had listed reasons and then said, "...and any other reason", because they were a bit afraid they hadn't thought of everything and thought they would leave it open. The Planning Board is recommending the phrase, "...abstention and any other reason" be removed from the local law applying to the Planning Board as indicated in the Planning Board minutes sent to the Board in their packets. Mr. Kanter reported that there had been a very long discussion at the Planning Board about the status of abstaining in a vote and whether, in the Planning Board's mind, it was appropriate to use an alternate to in effect substitute for a member who abstained from a vote. That member may have abstained for a reason, such as insufficient information or they felt they weren't ready to vote. There were a couple of Planning Board members who felt very strongly and, Mr. Kanter thought, convinced the rest of the Planning Board that if they ever had alternates appointed they would prefer not having the above mentioned five words in the law. Mr. Stein thought the issues must be the same for the Zoning Board as the Planning Board. He stated they are both semi-judicial people that make rulings about things and all the same issues can apply to both. It seemed to him to be inconsistent to have one set of reasons for one organization and another set of reasons for another without having good reason to have those differences. It sounds right to him that it shouldn't be open, it's better to have a list of reasons and not just leave it open. He stated he would probably move to change it for the Zoning Board when it comes up. Kirk Sigel, chair of the Zoning Board of Appeals, addressed the Board. He stated his reason was that the Zoning Board gets to the end of hearing an application and someone decides they just don't want to vote and they want to abstain for whatever reasons. His feeling is that it is the job of the Board member on the Zoning Board to decide; it's not to at the end say, "I don't know". The job is to say "yes" or "no". If a person refuses to say "yes" or "no", he thinks it is appropriate to have someone step in, if possible, to vote. If it is 2 for and 2 against and one person abstains, you're deadlocked. He did not want to speak to what the Planning Board thought they should have; if they feel they don't want it that is their prerogative. But the Zoning Board is not a political board, in his opinion there is no reason to be making a political statement by abstaining. Boards can have a procedure where an abstain means "no" or means "yes", in which case just say "yes" or "no". Mr. Burbank asked about a conflict of interest. Mr. Sigel told him that would be a recusal. Mr. Engman recommended that the Town Board accept the same language as written for both Boards stating the Zoning Board of Appeals is comfortable with it. They are the ones that need to get going; they've wanted to have the authorization for a long time. Regarding the Planning Board, Mr. Engman stated if and when they want to have alternates they can either accept the stipulations as provided for under the law or decide they don't want 19 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 alternates or ask the Board to change it at that time. Ms. Valentino said she would concur with that recommendation. Mr. Cowie asked if the alternates were ranked in order; somebody to turn to first and somebody to turn to second. That could become political. Mr. Sigel told him there was a rule in the law for alternating so it is not arbitrary. Mr. Stein stated he was uncomfortable. He did not want to accommodate members who can't make a decision and there ought to be some pressure on members to realize that they can't just pass the buck to an alternate. Mr. Sigel stated his feeling that having this rule in place will mean that members won't abstain, knowing that they are going to be replaced. It seemed to Mr. Stein that it was exactly the other way around, they don't want to be on record. Unless convinced othen/vise, Mr. Stein stated he much preferred the wording recommended by the Planning Board. Mr. Sigel stated that the Planning Board recommendation would allow a Board member to abstain and never choose. It would allow a regular member to abstain indefinitely and never have an alternate appointed to make a decision. In theory the case could just drag on. Mr. Stein stated it could just drag on, but then that would increase the pressure to make a decision. He doesn't like the idea of serving on a Board and saying, well if there is a difficult problem and I don't want to make any enemies, I just let somebody else do it. Mr. Sigel thought if that was an individual's motivation they could recuse themselves and say they havea conflict. j Supervisor Valentino thought Mr. Engman's earlier suggestion made sense. It gives the Zoning Board of Appeals the ability to move forward because they already have the two alternates and they are okay with the proposed language. Regarding the Planning Board, they do not have alternates yet and that is something that the Town Board could revisit if they thought there needed to be a different kind of language. Mr. Stein stated that the language was still not to his liking. Councilman Engman moved the adoption of the local law regarding Planning Board alternates. Mr. Burbank seconded the motion. Ms. Leary asked why they needed to pass anything about the Planning Board at this time, what is the urgency of passing anything? Mr. Kanter stated not taking action would be an option except that the Town will still have inconsistent language in the current Zoning provision for alternates. There are two identical versions in the current zoning which then would not be consistent with either of the two options. Mr. Engman added that was the idea, to be consistent among the two. Mr. Stein offered an amendment. He wanted to change the language to reflect the Planning Board recommendation. Mr. Stein then asked what the urgency was. Mr. Kanter told him that the existing rules do not allow the Zoning Board alternates to participate because it is j very restrictive. It basically says that they can participate when an acting member is absent for a month or more of vacation. It does not allow short-term absences as a reason. Ms. 20 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Brock added that illness and conflict of interest are currently allowed, but if somebody just can't come one night the alternate cannot vote unless it falls within the few reasons that are listed. Mr. Engman stated that the Town Board has talked about making the committee structure work better so they do not have to have these long debates at Town Board meetings. The proposed local laws have gone through a committee, three Boards members have gone through this, they talked about it many times at Codes and Ordinances. There is going to have to be a little faith on the part of the rest of the Board members. If they are going to make committee systems work then they have to accept some of the work they do. They are coming to the Town Board with a strong recommendation from Codes and Ordinances. Mr. Engman would like to vote on the proposed local laws and get on with it. Mr. Stein's motion would be an amendment to section 2(b) of the proposed local law deleting the phrase, "abstention or any other reason". It would require a new public hearing. Councilwoman Leary seconded the motion. Regarding Mr. Engman's comments about committee work, Ms. Leary stated the Planning Board recommendation came after. It is not that they are rejecting the work of the committee. Part of the process that is a very important part is to get the two Boards that were affected to weight in on the proposed amendments and the Planning Board has. The Planning Board is a different kind of Board, a different number of members, and at this point it is a little bit theoretical for them. If they felt that strongly about it, the Town Board should respect the Planning Board more than the Codes and Ordinances Committee that she, herself, is on. TB RESOLUTION NO. 2006-254: Amending Proposed Local Law Anfiendinq Chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Planning Board Alternate Members BE IT RESOLVED, that the Town Board of the Town of Ithaca amends the proposed "LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS", dated November 7, 2006 to delete the words "...abstentions, or any other reason," from Section 2(b). MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, nay; Councilman Cowie, aye; Councilman Engman, nay, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman The Board discussed setting a public hearing on the now amended local law and decided to wait until a future meeting. 21 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Agenda Item No, 19 - Public Hearing regarding local law amending chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding use of Zoning Board of Appeals Alternate Members (Attachment #6 - draft local law) Supervisor Valentino opened the public hearing. The hearing had been posted and published as required. There was no one present to address the Board. Ms. Valentino closed the public hearing and brought the issue to the Board for discussion. Mr. Sigel stated he did not recall the Zoning Board having a formal vote, but there was no opposition to the proposed amendment. Attorney Brock recommended changes in the forth "whereas" of the resolution of adoption regarding the SEQR. The Board agreed to the new language. TB RESOLUTION NO. 2006- 255: Adopting a Local Law Amending Chapter 270 of the Code of the Town of Ithaca titled "Zoning" reaardlna use of Zoning Board of Appeals Alternate Members 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 December 11, 2006 at 7:10 p.m. to hear all interested parties on a proposed LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF ZONING BOARD OF APPEALS ALTERNATE MEMBERS; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment: and further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on [the Type II] list, and thus adoption of this local law is not subject to review under SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF ZONING BOARD OF APPEALS ALTERNATE MEMBERS", 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 filed said local law with the Secretary of State as required by law. 22 n December 11, 2006 Meeting of the Ithaca Town Board Approved January 8, 2007 MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, nay. ABSENT: Councilwoman Gittelman Agenda Item No, 21 - Authorization for Supervisor to execute annual contracts - Coddinaton Road Community Center. Cornell Cooperative Extension. Joint Youth Commission. Learning Web. SPCA Supervisor Valentino reviewed the listed contracts and told the Board that the contracts themselves have not changed; they are the standard contracts that the Town signs every year with these entities. The only things that are different are the amounts of money that the Board has already approved when adopting the budget. There are other contracts not on the list; she and Attorney Brock need to review them because there are some questions. TB RESOLUTION NO. 2006- 256: Authorizing Supervisor to Execute Annual Contracts WHEREAS the Town Board of the Town of Ithaca approved, as part of the 2007 Town of Ithaca Budget, funding for contractual services provided by the Coddington Road Community Center, Cornell Cooperative Extension, Joint Youth Commission, Learning Web, and Tompkins County SPCA; now, therefore^ BE IT RESOLVED, that the Town Board of the Town of Ithaca authorizes the Supervisor to execute annual contracts with the Coddington Road Community Center, Cornell Cooperative Extension, Joint Youth Commission, Learning Web, and Tompkins County SPCA. MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda item No. 12 — Consider Setting Public Hearing to Consider Adoption of the Transportation Plan (Attachment#? - Memo from N. Tedesco) Mr. Kanter told the Board that Ms. Tedesco had put together a very nice summary of where the Town stands with the plan and the Planning Board held their public hearing on November 21 The Planning Board has forwarded a very nice recommendation to the Town Board recommending adoption of the Plan based on consideration of some additional public 23 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 comments that were received. They are at the point where they would like the Town Board to consider setting its own public hearing to continue the public comment period and to start the process of consideration of adopting the plan. Mr. Kanter invited Ms. Tedesco to speak a i ' bit about the specific Planning Board recommendations and what they are going to do to start addressing them. Ms. Tedesco told the Board that the first public hearing was held at the end of November. There was a decent amount of press coverage; it was covered by the Journal, the Ithaca Times, Tompkins Weekly, and also on the radio. Ms. Tedesco reported counting 20 to 25 people in the audience and there were 10 spoken statements. The Tompkins County Planning Department gave written comments as did the City's Bicycle and Pedestrian Advisory Committee. In a week Ms. Tedesco is going to talk to the City's Planning Board to get their input. All of the comments that came up at the first public hearing are things that she thinks the Town could very easily address by tweaking existing sections of the Plan. One thing that came up that will probably warrant further discussion is inclusion of more detail about truck traffic, especially on Route 89. Two members of the public came and spoke at length as to what they see as a major problem. The ITCTC actually did a freight study in 2002 looking at truck and freight traffic in the County and Ms. Tedesco is in the process of re- reviewing that. She will go back and edit the plan to expand the section on truck traffic including that information. They are hoping to set a second public hearing to give people another chance to comment on the Plan and also to hear the Town Board's comments. From there Ms. Tedesco will take all the comments, incorporate everything, and come out with a clean final draft. That will be the draft they will send to the Town Board for potential adoption. ^ Supervisor Valentino asked if there would be another Transportation Committee meeting so they could talk some about the comments. Mr. Burbank told her it hadn't been set, but could be set. Mr. Kanter stated what they were thinking was to hold, hopefully at the January meeting, the public hearing on the current draft of the Plan and take any further comments they get back to the Transportation Committee. Then in February set a time for the Board to consider actual adoption. The Board would not be asked to adopt the Plan at the same time they hold the public hearing. There could be another public hearing after the revised Plan is put together. Ms. Valentino asked if members of the committee could get copies of the comments that were made so far. Ms. Tedesco told her yes and that all that information will be included as one of the appendices. The Town Board received the comments in their packet of information. Councilman Burbank reported that a lot of the comments from the public hearing had to do with an issue they had not dealt with at great length. It was the issue of truck traffic, specifically on Route 89. There was a real desire by citizens living along Route 89 for the Town to do something and to do it quickly and this was the venue where it could be discussed. Mr. Burbank thought that some of those concerns will be brought back to the Town Board and discussed in others ways. Councilman Burbank encouraged people to look over those comments. Specifically people are concerned about large trucks going up to Seneca Meadows, speeding, a whole range of issues. PMs. Tedesco stated that when she went back and reviewed the study, it appeared that a very, very small percentage of trucks on 89 are actually trucks passing through the County. It would be interesting to take a closer look at this and compare what the collected data say to 24 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 what people's perception is. Maybe it is not an issue of trucks going to the landfill, maybe it's more of some impact on their livability, the fact that they can't get out of their driveway. She was not sure if it was the number or the type of truck. Councilman Stein asked that they change the title of the resolution, which as currently written suggests that they will consider adopting the Plan at the time of the public hearing. Mr. Kanter and the Board concurred with his recommendation. Councilman Engman noted that some people seem to be concerned about an over emphasis on cycling and pedestrian issues and so forth. He did not agree with that. He thought that any time you had a correction of an over emphasis in previous plans, such as on roads and highways, that any correction is seen as somehow being overly done. He thought the Plan comes out with a nice balance among all the elements and he did not accept that criticism. Mr. Engman asked if Ms. Tedesco had heard from the Agriculture Committee regarding her volunteering to present the plan to their committee. Ms. Tedesco reported having made two inquiries, one by email and one by phone, and could not get hold of Debbie Teeter. The offer still stands and the ball is in Ms. Teeter's court at this point. Regarding Mr. Engman's earlier statement, Ms. Tedesco commented that there still seems to be a perception that walking and bicycling are only for recreational purposes. One thing the Plan tries to do is address that misconception. There really is no sense in separating, these paths are for recreation, these are for transportation, it is really two complementary purposes. In response to questions from Ms. Leary, Mr. Kanter stated that the first step would be adopting the Plan. They would then recommend that the Board consider amending the Comprehensive Plan to incorporate the Transportation Plan. That was also a recommendation of the Planning Board and would not have to be done simultaneously. From there, there are various implementation steps that Mr. Kanter thought the Committee would be working on in the future such as adoption of the official map. Ms. Leary wondered if the Committee should try to incorporate the comments received so far before the final Plan is presented for comment. She thought the Town would want to have as complete a version as possible for the public. Ms. Tedesco told her the idea was to have all the commenting done on one version. As Ms. Tedesco has been receiving the comments she has been incorporating them. Once they get the comments in, she will wrap up all the loose ends, come up with a final draft, and that is when she assumes they will go back to the Committee. Ms. Leary asked if the public will be commenting on any of the recent comments that were added? Ms. Tedesco told they would not. Ms. Leary commented that there may then be a version that no one comments on. Mr. Kanter stated if the Town Board would like another opportunity for comments on the final Plan, he suggest that they hold another public hearing on the revised Plan, after it is finalized. That could be February. It's up to the Board how they do it. Ms. Tedesco stated they could issue another version of the preliminary draft; that way there would be one draft that corresponded with the first public hearing, a second that corresponded to the second public hearing in front of the Town Board, and then a final draft for potential adoption. If they did that, Mr. Kanter did not think they could set the Town Board's public hearing yet because he did not think there would be time at the January Organizational Meeting. He did not think there would be ample time for them to revise the 25 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Plan and for the Town Board to see that version of the Plan. Mr. Burbank suggested incorporating as an addendum the comment packet that was provided to the Board; make F"*! that available on the Town's website; advertise to the public that this was another opportunity ; to add to your comments. They will take the last round of comments; see how they integrate with what they have. If they feel there is a major flaw or omission or something they have failed to address, they will deal with it as a committee and then send it out for a public hearing again. Othenwise, they can move ahead and consider acceptance. Supervisor Valentino told the Board they will come back to this after setting the date for the Organizational Meeting. Age-f^da item No. 13 - Consider Setting Public Hearing regarding a Local Law Amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction and Fire Prevention." to conform Chapter 125 with New York State Reauirements for Administration and Enforcement of New York State Fire Prevention and Building Code (Attachment #8 - Memo from D. Walker; draft local law and detail of changes) TB RESOLUTION NO. 2006- 257: Setting a Public Hearing regarding a Local Law Amending Chapter 125 of the Town of Ithaca Code. Titled "Building Construction and Fire Prevention," to Conform Chapter 125 With New York State Reauirements for Administration and Enforcement of New York State Fire Prevention and Building Code 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 29^*^ day of December, 2006, at 10:10 a.m. for the purpose of considering a proposed local law Amending Chapter 125 of the ' Town of Ithaca Code, Titled "Building Construction and Fire Prevention," to Conform Chapter 125 With New York State Requirements for Administration and Enforcement of New York State Fire Prevention and Building Code; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilman Stein Roll Call Vote: Supervisor Valentino, aye Councilwoman Leary, aye Councilman Cowie, aye ^ Councilwoman Gittelman, absent i n Councilman Burbank, aye Councilman Stein, aye 26 December 11, 2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Councilman Engman, aye Agenda Item No. 14 - Consider setting a public hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code, titled "Zoning", regarding Building Permits and Certificates of Occupancy (Attachment #9 - draft iocai law and detail of changes)) TB RESOLUTION NO, 2006-258: Setting a Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code. Titled "Zoning." Regarding Building Permits and Certificates of Occupancy 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 29^"^ day of December, 2006, at 10:15 a.m. for the purpose of considering a proposed local law Amending Chapter 270 of the Town of Ithaca Code, Titled "Zoning," Regarding Building Permits and Certificates of Occupancy; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing; and it is further RESOLVED, that the Town Board hereby refers the proposed above-referenced local law to the Planning Board for a recommendation. MOVED: Supervisor Valentino SECONDED: Councilman Stein 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. 15 - Public Hearing regarding a Local Law Amending Chapter 153 of the Town of Ithaca Code. Titled "Fees." Regarding Fees for Certificates of Occupancv (Attachment #10 - draft local law) TB RESOLUTION NO. 2006-259: Setting a Public Hearing regarding a Local Law Amending Chapter 153 of the Town of Ithaca Code. Titled "Fees." Regarding Fees for Certificates of Occupancv 27 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the n Town Hall, 215 North Tioga Street, Ithaca, New York, on the 29^^ day of December, 2006, at | 10:20 a.m. for the purpose of considering a proposed local law Amending Chapter 153 of the Town of Ithaca Code, Titled "Fees," Regarding Fees for Certificates of Occupancy; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilman Stein 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. 16 -- Public Hearing regarding a Local Law Amending Chapter 9 of the Town of Ithaca Code. Titied "Appearance Tickets." Designating Code Enforcement Officers to Enforce Codes Relating to Buildings. Zoning. Planning, Environmental Control, and Fire Prevention and Safety (Attachment #11 - draft local law) TB RESOLUTION NO. 2006- 260: Setting a Public Hearing regarding a Local Law Amending Chapter 9 of the Town of Ithaca Code. Titled "Appearance Tickets." Designating Code Enforcement Officers to Enforce Codes Relating to Buildings. Zoning. Planning. Environmental Control, and Fire Prevention and Safety 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 29*^ day of December, 2006, at 10:25 a.m. for the purpose of considering a proposed local law Amending Chapter 9 of the Town of Ithaca Code, Titled "Appearance Tickets," Designating Code Enforcement Officers to Enforce Codes Relating to Buildings, Zoning, Planning, Environmental Control, and Fire Prevention and Safety; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further 28 r^. December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilman Stein 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. 9 - Consider Setting Organizational Meeting Date The Board discussed setting the meeting date for their January, organizational, meeting. TB RESOLUTION NO. 2006-261: Setting Organizational and Regular Meeting BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold its organizational meeting at Town Hall, 215 North Tioga Street, Ithaca, New York on the day of January, 2007 beginning at 5:30 p.m. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye, Councilman Stein, nay. ABSENT: Councilwoman Gittelman Agenda Item No. 12 - Consider Setting a Public Hearing to Consider Adoption of the Transportation Plan TB RESOLUTION NO. 2006 - 262: Setting a Public Hearing to Consider the Draft Town of ithaca Transportation Plan 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 B^^ day of January 2006, at 7:00 p.m. for the purpose of considering the Draft Town of Ithaca Transportation Plan; and it is further 29 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 RESOLVED, that at such time and place all persons interested in such Transportation Plan may be heard concerning the same; and it is further I RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, said publication to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Item No. 10 - Consider Acceptance of Updated Zoning Map TB RESOLUTION NO. 2006 - 263: APPROVAL AND ACCEPTANCE OF REVISED ZONING MAP (EFFECTIVE APRIL 1. 2004. REVISED DECEMBER 11. 2006) (Attachment #12 - Memo from M. Smith and Zoning Map) f's WHEREAS, two zoning changes have been enacted through local laws by the Town I Board since the current official Town of Ithaca Zoning Map, Effective April 1, 2004 and revised December 12, 2005, including rezonings enacted by Local Law No. 2, 2006 (Conifer Village Ithaca Senior Living Community), and Local Law No. 7, 2006 (Conservation Zone between Taughannock Blvd. and Trumansburg Road), and WHEREAS, a revised Town of Ithaca Zoning Map, Effective April 1, 2004, Revised December 11, 2006, has been prepared and presented to the Town Board for review, and WHEREAS, at the regular meeting on December 11, 2006, the Town Board of the Town of Ithaca has reviewed the revised Town of Ithaca Zoning Map referenced above, and WHEREAS, this action is a Type II action pursuant to Part 617.5 (c) (19) and (20) of the New York State Environmental Quality Review Act (SEQR), and Chapter 148 of the Code of the Town of Ithaca titled "Environmental Quality Review", thereby not being subject to further environmental review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby determines that the revised Zoning Map, Effective April 1, 2004, Revised December 11, 2006, correctly incorporates changes made to the official Town of Ithaca Zoning Map, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca hereby approves and accepts the revised Town of Ithaca Zoning Map, Effective April 1, 2004, 1 Revised December 11, 2006, and determines that such map shall be used as the official 30 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 1^ Town of Ithaca Zoning Map until superseded by further action of the Town Board, or until further modified by local law. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Item No. 22 - Discussion of Training Requirements for Planning and Zoning Board Officials (Attachment #13 - Memo from J. Kanter and fact sheet) In response to recent State legislation requiring training of Planning Board and Zoning Board of Appeals members, Mr. Kanter provided a brochure listing training options for Planning and Zoning Board members in the Board packet. The Board discussed the requirement and asked that a resolution be prepared for Board consideration that would require the training listed in the brochure along with training offered through Cornell Cooperative Extension. Agenda Item No. 19 - Discussion of 2007 Committees Councilman Cowie distributed, for Board review and comment, a chart detailing a proposed 2007 committee structure. The Board discussed Mr. Cowie's proposal at length and it was decided that Mr. Cowie and Mr. Engman would work with Supervisor Valentino on the 2007 committee structure. Agenda Item No. 24 - Consider Authorization to Appoint Temporarv Planner TB RESOLUTION NO. 2006- 264: PROVISIONAL APPOINTMENT OF PLANNER WHEREAS, the Town of Ithaca Town Board appointed Nicole Tedesco to fill a Planner position on a temporary, provisional basis starting on August 1, 2005 until December 31, 2006, and extended that appointment through March 31, 2007; and WHEREAS, Nicole Tedesco has accepted a job with Tompkins Consolidated Area Transit and will be leaving employment with the Town of Ithaca as Planner by December 31, 2006; and WHEREAS, Esther Blodau-Konick has worked for the Town of Ithaca Planning Department as a Planning Intern since June 1, 2006 and previously graduated from Cornell University in May 2006 with a Bachelor of Science degree in Urban and Regional Studies, and has been assessed as possessing the qualifications necessary for appointment to this temporary Planner position; and 31 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 WHEREAS, the Director of Planning recommends the temporary, provisional appointment of Esther Blodau-Konick as Planner from January 8, 2007 through May 18, 2007 to work with the Transportation Committee on Plan implementation, to continue work with the ! Codes and Ordinances Committee on wind energy regulations and other code issues, to continue work on affordable housing strategies, and on other assignments, due to the extra work that will occur for the department by continuing being the lead agency on the Cornell University GEIS project, which is now estimated to extend well into 2007; and WHEREAS, as part of the GEIS process and pursuant to the NYS Environmental Quality Review Act (SEQRA), Cornell has committed to provide additional funds to the Town of Ithaca to cover the Town's anticipated costs of participating as lead agency in the GEIS going into 2007, and said funds will be more than sufficient to cover the amount necessary for wages and limited benefits of the full time, temporary Planner position at least until May 18, 2007; and WHEREAS, the Personnel Committee met on December 1, 2007 to discuss this appointment, and recommends that the Town Board appoint Esther Blodau-Konick to the temporary, provisional Planner position as described above; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the temporary, provisional appointment of Esther Blodau-Konick as Planner beginning on January 8, 2007 through May 18, 2007, subject to further extensions as determined by the Town Board; and be it further ^ I RESOLVED, such appointment be on a basis of 37.5 hours per week at an hourly rate of $19.18 (minimum hiring rate), from account B8020.100, benefits are limited to the temporary status of the position; and be it further RESOLVED, that the appointment is provisional pending successful completion of the next civil service examination and being a reachable candidate. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Item No. 25 - Consider authorization to enter into contract for Planning Consultant Services TB RESOLUTION NO. 2006- 265: AUTHORIZATION TO ENTER INTO CONTRACT AGREEMENT WITH NICOLE TEDESCO TO PROVIDE CONSULTING SERVICES 32 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 WHEREAS, the Town of Ithaca Town Board appointed Nicole Tedesco to fill a Planner position on a temporary, provisional basis starting on August 1, 2005 until December 31, _ 2006, and extended said appointment through March 31, 2007; and WHEREAS, Nicole Tedesco has worked diligently with the Transportation Committee on the preparation of the Town of Ithaca Transportation Plan; and WHEREAS, Nicole Tedesco has accepted a job with Tompkins Consolidated Area Transit and will be leaving employment with the Town of Ithaca; and WHEREAS, the Director of Planning proposes to hire Nicole Tedesco to provide consulting services on a limited basis for the Town of Ithaca to ensure a reasonable transition regarding the adoption of the Town of Ithaca Transportation Plan from January 1, 2007 through March 31, 2007; and WHEREAS, it has been determined that there are sufficient funds in the approved 2007 Budget to pay for these consulting services; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby authorize the Town Supervisor to sign a contract agreement with Nicole Tedesco for the above-described consultant services to be billed on an hourly basis at a rate of $23.11 per hour; and be it further fmtm RESOLVED, that the Town Board of the Town of Ithaca does hereby approve an ^ amount not to exceed $1,800.00 in total to compensate Nicole Tedesco for services rendered, payable from Account # B8020.406 (Planning Study). MOVED: Councilman Cowie SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Item No. 26 - Discussion of Annual Funding of the General Purpose Benefit Reserve Fund Supervisor Valentino told the Board that health insurance and retirement system costs came in under what was budgeted. This year, the Town ended up with around $189,208.51 and of that money Supervisor Valentino is asking that $100,000 be added to the Benefit Reserve Fund bringing it up to $242,623. She recommended that they set a cap for this reserve fund at $350,000; after that cap is reached unexpended monies would be put into Fund Balance or some other things. 33 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 TB RESOLUTiON NO. 2006 - 266: Approval. Authorization To Fund The "General Purpose Benefit Reserve" For 2006 WHEREAS: In conjunction with the NYS Comptroller's Bulletin issued January 2005 Modification of NYS Retirement Systems Annual Payment Date and Reserve Provision for Pension Contributions" under Resolution No. 2005-084 the Town Board established a General Purpose Benefit Reserve Fund, and WHEREAS: It is the recommendation of the Town Budget Officer and the Human Resource Manager that a maximum cash reserve balance of $350,000 be maintained in the General Purpose Benefit Reserve and that annual contributions made to meet this reserve level, and WHEREAS: The Town Budget Officer and Human Resource Manager also recommends that an annual contribution of $100,000.00 be made for the fiscal year ending 2006, and WHEREAS: Funding is to be provided from the operating and special revenue funds as follows: Fund Description Percentage Funding General Townwide Fund 47%$ 47,000 General Part Town Fund 17%17,000 General Part Town Highway Fund 28%28,000 Water Fund 5%5,000 Sewer Fund 3%3.000 Total $100,000 Now, therefore be it RESOLVED: The Town Board approves funding for 2006 of the General Purpose Benefit Reserve Fund of $100,000 and establishes a maximum reserve level of $350,000. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Item No. 27 - Consider Appointments to Joint Youth Commission TB RESOLUTION NO. 2006 - 267: Appointments to the Joint Youth Commission BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the following individuals to the Joint Youth Commission for the term January 1, 2007 through December 31,2008: 34 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Town of Ithaca Representative: Dale Bryner 689 Coddington Road Ithaca, New York 14850 Business Representative: Sandy Grooms Chemung Canal Trust 806 West Buffalo Street Ithaca, New York 14850 MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Item No. 28 - Consent TB RESOLUTION NO. 2006 - 268: Consent Agenda Items. BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following resolutions for Consent Agenda Items as presented: a. Town Board Minutes of November 9, 2006 and November 13, 2006 b. Town of Ithaca Abstract c. Bolton Point Abstract d. Create Finance Manager Position - SCLIWC e. Abolish Administration Manager Position - SCLIWC f. Appoint Account Clerk Typist - SCLIWC MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman TB RESOLUTION NO. 2006-268a: Town Board Minutes of November 9. 2006 and November 13. 2006 WHEREAS, the Town Clerk has presented the minutes for a Budget Town Board meeting held on November 9, 2006 and a Regular Town Board meeting held on November 35 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 13, 2006 to the governing Town Board for their review and approval of filing; now therefore be it 1^. i RESOLVED, the Town Board does hereby approve for filing the minutes for the meetings held November 9, 2006 as amended by Councilman Engman, and November 13, 2006 as presented at the December 11, 2006 board meeting. MOVED; Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman TB RESOLUTION NO. 2006-268b: 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 m Board; now therefore be it ' said vouchers in total for the amounts indicated. VOUCHER NOS. 2951 through 3063 General Fund Townwide $164,948.14 General Fund Part Town $8,829.84 Highway Fund Part Town $20,915.12 Water Fund $13,268.52 Sewer Fund $43,848.51 William and Hannah Pew Bikeway $1,769.77 Fire Protection Fund $191,194.62 Forest Home Lighting District $175.25 Glenside Lighting District $67.79 Renwick Heights Lighting District $94.40 Eastwood Commons Lighting District $188.54 Clover Lane Lighting District $21.78 Winner's Circle Lighting District $62.09 Burleigh Drive Lighting District $76.48 Westhaven Road Lighting District $254.86 Coddington Road Lighting District $150.39 Risk Retention Fund $1.390.75 n 36 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 TOTAL: $ 447.256.85 MOVED: Gouncilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, absent; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. TB RESOLUTiON NO, 2006- 268c: Bolton Points Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 712-719, 723-795 Check Numbers: 9569, 9611-9616, 9620-9692 Operating Fund $ 286,033.30 1998 SCADA Capital Project $ 4,574.33 2002 Office Space Addition $ 1,904.17 Debt Service Fund $ 81.271.75 TOTAL $ 373.783.55 MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, absent; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. RESOLUTION NO. 2006-268d: Ratify Approval of Creation of a Finance Manager Position at SCLIWC WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (Commission), has been working with the Tompkins County and New York State Civil Service Agencies in accordance with applicable Civil Service laws, rules and regulations to establish and maintain appropriate titles and positions; and 37 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 WHEREAS, the Commission's Personnel and Organizational Committee discussed the ^ needs of the organization and determined that the Administration Manager title and job description no longer met the needs of the organization, and the Finance Manager title and ^ job description did; and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission established the following position in accordance with applicable New York State and Tompkins County Civil Service classification rules: 1. The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: (a) One Finance Manager NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby ratifies the Commission's creation of a Finance Manager position and job description. MOVED: Councilman Stein SECONDED: Councilman Engman ^ VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye, Councilman Stein, aye. ABSENT: Councilwoman Gittelman RESOLUTION NO. 2006-268e Approve Abrogating the Administration Manager Position at SCLIWC WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (Commission), has been working with the Tompkins County and New York State Civil Service Agencies in accordance with applicable Civil Service laws, rules and regulations to establish and maintain appropriate titles and positions; and WHEREAS, the Administration Manager position was vacated by the incumbent on September 25, 2006, and WHEREAS, the Commission's Personnel and Organizational Committee discussed the needs of the organization and has recommended an alternative title and job description for this position; and WHEREAS, the Commission abrogated the Administration Manager position in accordance with applicable New York State and Tompkins County Civil Service classification rules effective December 7, 2006; 38 T December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca, does hereby approve the abrogation of the Commission's Administration Manager position, effective December 7, 2006; and be it further RESOLVED, the Human Resources Manager is directed to file all necessary documents with Tompkins County Personnel Department. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye. Councilman Stein, aye. ABSENT: Councilwoman Gittelman RESOLUTION NO. 2006-268f - Appointment Account Clerk Tvpist-SCLIWC. WHEREAS, there is presently a vacancy in the full time position of Account Clerk Typist in the Administration Department at Southern Cayuga Lake Intermunicipal Water Commission; and WHEREAS, the General Manager and Human Resources Manager interviewed candidates from the eligible listing available from Tompkins County Civil Service; and WHEREAS, the General Manager and Human Resources Manager have determined that Debra Kane possess the necessary knowledge and skills to satisfactorily perform the duties of an Account Clerk Typist; and WHEREAS, Ms. Kane was appointed by SCLIWC at the December 7, 2006 meeting based on a part time level of 20 hours per week, effective December 5, 2006; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Debra Kane as part time Account Clerk Typist for the Administration Department; and be it further RESOLVED, this is a twenty (20) hours a week position, at the hourly wage of $14.50, which is an estimated annual salary of $15,080.00, from account number SW8310.101, with part time benefits. MOVED: Councilman Stein SECONDED: Councilman Engman 39 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Cowie, aye; Councilman Engman, aye, Councilwoman Leary, aye, ! Councilman Stein, aye. ABSENT: Councilwoman Gittelman Agenda Itenfi No. 29 - Report from Town Officials Building and Zoning Councilman Engman questioned a $338,000 figure for a foundation for a single-family home listed on the Building and Zoning report. Mr. Walker thought there was probably more to it, but there was not room in the field to show the larger description. Mr. Engman also noted $142,800 for a master bedroom addition. Letter from Mike Ocello Mr. Cowie reported having received a personal letter from former Town employee Mike Ocello regarding health insurance coverage. Supervisor Valentino asked that Mr. Cowie give Ms. Drake a copy of the letter for her to research. Mr. Stein thought they should discuss it at the Personnel Committee. Ms. Drake, Mr. Cowie, and Ms. Valentino agreed that was a good idea. Recreation and Human Services Coordinator Ms. Valentino drew the Board's attention to a flyer for Starlab that the Board received in their packet. She thought it was a good thing for parents and kids to do together. The first is going to be up at Linderman Creek on December 29th. It's a portable planetarium that the Sciencenter does. Agenda Item No. 30 - Report of Town Committees Alternative Energy Mr. Burbank reported that the Committee had met. They gave Dan a lot of work to do. Early in the new year they hope to have some specific proposals, probably leaning towards an energy audit of the Town's two buildings. Agenda Item No. 31 - Intermunicipal Organizations Cayuga Lake Watershed Intermunicipal Organization Mr. Burbank told the Board the 10 is losing their paid coordinator because the money is running out. They are continuing to get dues money and they have been grappling with what they want to do. There was a proposal to contract with the Cayuga Lake Watershed Network, which does public education around watershed issues. At the lO's last meeting people began to reevaluate that, feeling that was maybe not the way to go, that they should try to retool and to have fewer meetings that really dealt with specific issues of interest to Town's including such things as a dock ordinance. While Mr. Burbank felt this continues to be an important effort, he stated he has for a long time considered that he was probably not the very best person to be going because a lot of what they end up talking about are fairly technical questions. Many of the other member municipalities are actually sending planning 40 December 11,2006 Meeting of the Ithaca Town Board Approved January 8, 2007 Staff to those meetings. He is willing to remain involved but thought it would be good to get somebody on staff to go. The virtue for the Town is that there is a potential for State grants. The Town of Seneca Falls has been contracting with a grant writer who has brought in far more State grant money than it has cost to hire them. Mr. Burbank thought the Town may want to look into that. Recreation Partnership Ms. Valentino asked if Mr. Cowie would be able to go to the Recreation Partnership. He said he would. Ms. Valentino reported that they were going to start talking about the new agreement. Ms. Valentino reported that they have been having trouble getting quorums, and she thought they needed to think in terms of not meeting every month and having a better agenda. Council of Governments Ms. Valentino reported that one are they were going to concentrate on was Volunteer Firefighters. Mr. Engman stated that there was concern about the fact that Cayuga Heights is about the only fire department that doesn't seem to be having trouble recruiting volunteers. All the rest are having terrible trouble with volunteers. Mr. Engman reported having mentioned that, because they have outgrown the space at the old jail, Ms. Valentino was offering that they could meet at Town Hall. They will be talking about that offer at the next meeting. Planning Board Membership Mr. Kanter reported that Tracey Mitrano has indicated she will not be seeking reappointment. ADJOURNMENT On motion by Councilman Stein, seconded by Councilman Burbank, the meeting was adjourned at 10:05 p.m. Respectfully submitted. Tee-Ann Hunter Town Clerk Next Meeting December 29, 2006 41 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: TOWN OF ITHACA NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca will hold public hearings as follows on December 29, 2006 at the Town Hall located at 215 North Tioga Street, Ithaca, NY: At 10:10 a.m.- for the purpose of considering a proposed local law amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction and Fire Prevention", to conform Chapter 125 with New York State requirements for Administration and Enforcement of New York State Fire Prevention and Building Code; and. At 10:15 a.m. - for the purpose of considering a proposed local law amending Chapter 270 of / ^ the Town of Ithaca Code, titled "Zoning", regarding Building Permits and Certificates of Occupancy; and. At 10:20 a.m. - for the purpose of considering a proposed local law amending Chapter 153 of the Town of Ithaca Code, titled "Fees", regarding Fees for Certificates of Occupancy; and. At 10:25 a.m. ~ for the purpose of considering a local law amending Chapter 9 of the Town of Ithaca Code, titled "Appearance Tickets", designating Code Enforcement Officers to enforce codes relating to Buildings, Zoning, Planning, Environmental Control and Fire Prevention and Safety. A copy of the proposed local laws are on file at the Town Clerk's Office and available for review during regular office hours, Monday through Friday, 8 a.m. to 4 p.m. FURTHER NOTICE IS GIVEN that at such time and place all persons interested in the proposed local laws may be heard concerning the same; and FURTHER NOTICE IS GIVEN that individuals with visual or hearing impairments or other special needs will be provided with assistance as necessary, upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the public hearing. ^ Tee-Ann Hunter s Town Clerk Dated: December 15, 2006 TOWN OF rTHACA NOTICE OF PUBUC HEARINGS NOTICE IS HEREBY GIVEN lhal the Tosvn Board of the Town of Ithaca will hold public hearings as follows on December 79, 2006 at tlie Town Hall locoted ot 215 North Tioga Street, Ithaca, NY; At 10:10 a.m.- for the purpose of considering a proposed local law amend ing Chapter 125 of the Town of Itnaco Code, titled Building Construction and Fire Prevention", to conform Choptor 125 with New York State requirements for Administration and Enforce menf of New York State Fire Prevention and Build ing Code; and, At 10:15 a.m. - for the purpose of considering a . proposed loco! law amend ing Chapter 270 of the Town of Ithaca Code, titled "- I Zoning", regarding Build- ' ing Permits and Cerfificofes ' ofOccopancy; and, n At 10:20 p.m. - for the j purpose of considering a ' proposed local law omend-nn ing Chapter 153 of the ' Town of Ithaca Code, titled ' "Fees", regarding Fees for * Certificates of Occupancy; * and, jl At 10:25 a.ni. - for the ' purposeof considering a lo-■* cal low amending Chapter * 9 of the Town of Ithaca^ Code, titled 'Appearancej Tickets", designating Code ' Enforcement Officers to en-* fo rce codes relating to * Buildings, Zoning. Plan-I ning. Environmental Control * ond Fire Prevention andSafely. A copy of the proposed local lows are on rile ot the Town Clerk's Office andavailable for review during ' regular office hours, Mon-^ day through Friday, 8 a.m.' to 4 p.m.j FURTHER NOTICE IS GiV- ' EN that at such time andplace all persons interestedm the proposed local lawsmay be heard concerning the same; and FURTHER NOTICE IS GIV EN that individuals with vis-j uol or hearing impairmentst or other special needs will/ be providw with assistance as necessary, upon request.^ Persons desiring osslstance' must moke a request to the Town Clerk not less than 48'' hours prior to the time ofthe public hearing. Tee-Ann Hunter^ Town Clerk^ Dated:° December 15, 2006 12/16/06 3f )))Data File for County Tax Levy/Tax Rate ComparisonCOUNTYPopulationincludingStudentsEstimatedPopulationw/o StudentsIncome PERCAPITA**2002 MedianResidentialSale Prices2004 REALPROPERTY TAXLEVY2004 TaxRate Per10002003 TaxRate Per10002002 TaxRate Per1000PercentChange2004 PerCapiU2004 PerCapita w/oStudents2001 Tax .Rate Per /1000 ^2005 Tax Rat/Per10q(L3yoo6 Tax Rate Per^ 1000 -—'^007 Tax Rate Per1000CHEMUNG91.07089,698$36,415$69,125$22,974,653$7.80$7.13$7.449.4%$252$256$ 7.87$8.29$7.41CLINTON79.69477.283$37,028$82,000$21,550,281$7.04$6.74$6.444.5%$270$279$ 5.39$7.33$7.41CORTLAND48.59945.953$34,364$68,000$21,347,380$13.99$12.96$12.297.9%$439$465$ 10.46$15.41$14.91GENESEE60.37060.120$40,542$81,900$19,859,703$9.82$9.34$7.985.1%$329$330$ 8.06$10.49$9.98JEFFERSON111,738106,633$34,006$63,535$39,294,041$10.75$10.94$9.42-1.7%$352$368$ 9.31$9.55$7.84LIVINGSTON64.32860.468$42,066$91,000$20,120,321$7.75$7.89$7.32■1.8%$313$333$ 6.40$8.25$7.69MADISON69.44165.596$40,184$87,100$25,172,268$9.52$9.21$8.573.4%$362$384$ 7.65$9.42$9.37ONTARIO100,22498,160$44,579$116,500$32,587,000$6.33$6.24$6.061.4%$325$332$ 5.86$6.70$6.71OSWEGO122,377119,236$36,598$67,950$36,724,197$9.20$8.13$6.9913.2%$300$308$ 6.95$9.20$9.08ST. LAWRENCE111,931105,186$32,356$53,000$33,540,829$8.99$8.12$7.8910.7%$300$319$ 7.70$9.62$9.28STEUBEN98,72698.356$35,479$61,400$35,981,477$9.73$8.88$8.649.6%$364$366$ 8.34$10.96$9.99TIOGA51,78451.577$40,266$73,000$16,691,619$11.00$8.48$7.8229.7%$322$324$ 8.44$9.51$8.66TOMPKINS96,50185,574$37,272$118,500$31,057,403$7.47$6.45$5.6915.8%$322$363$ 5.44$7.18$6.59Equalized Full Value AssessmentTax Levy I I $18.00$16.00$14.00Equalized Full ValueTax Rate Comparison$12.00$10.00I1mjs—1«j:s-JAk'1fj-1fi11>§llf;;i;SSCHEMUNGCLINTONGORTLANDGENESEEJEFFERSONLIVINGSTONMADISONONTARIOOSWEGOST.LAWRENCESTEUBENTIOGA^TOMPKINS□2001 Tax Rate Per 1000$7.87$5.39$10.46$8.06$9.31$6.40$7.65$5.86$6.95$7.70$8.34$8.44$5.44□2002 Tax Rate Per 1000$7.44$6.44$12.29$7.98$9.42$7.32$8.57$6.06$6.99$7.89$8.64$7.82$5.69■ 2003 Tax Rate Per 1000$7.13$6.74$12.96$9.34$10.94$7.89$9.21$6.24$8.13$8.12$8.88$8.48$6.45□ 2004 Tax Rate Per 1000$7.80$7.04$13.99$9.82$10.75$7.75$9.52$6.33$9.20$8.99$9.73$11.00$7.47■ 2005 Tax Rate Per 1000$8.29$7.33$15.41$10.49$9.55$8.25$9.42$6.70 1$9.20$9.62$10.96$9.51$7.18□ 2006 Tax Rate Per 1000$7.41$7.41$14.91$9.98$7.84$7.69$9.37$6.71$9.08$9.28$9.99$8.66 /-^$6.59^o0)ooBcrCD•-jMtoooo3Cdopi-iaCDCDc+H-pcrq TOWN OF ITHACA TOWN BOARD SISN-IN SHEET DATE: Monday, December 11, 2006 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE ARTA/r ADDRESS/AFFILIATION LLC, , c^l AL ^ A' ficA C(?Pi f-c>R- 7&to*i xrmcA ATTACHMENT #2 ) > 07 €/kA/^77A/t Si^PeeT . k//7ff m£ APc/PTotny op iS<s£^ 77^£ C^r/ ZrH-zk:^ A/7^ y T^ss, ^7P^/7?^/P5 /^jUcteJs: ^4^^ d>A/^cg:^^ £>aM A^p' CA£jsjk '0>i^ c/my^ AAJP f// . - Co/U&T^c.rPo^ AS Co^TI^o/ajal /yr ToiO^Ay S/7^S <5^ 7%:- AJ£60 Asx, <S^ fi^i>^AL£~^S / X/C/^r/tJ£^S^AAG. -^72: />AA^/4AfS ^X4:ircie?^0 Paco^ yy/J 4Sy4-cT' 75^ - /74£^^4AlSj lOA>4Ac £OaJ77Al'P'^ 7^ >J/P£. ^ r77s /?^47?co/J9^Ay' /AJ p£S/c:£0 <^/= 7^ <S&^^ ^7A4Ac/IpA£ 73 7Ji^£yl>7^ P&/^/cJ/77hAJ jf/uis ^/Jj>c.4-17oaJS 7^ P£7^/aJ£ 7^£, y£J</>.^AJS£:s 7^ ^ ^ys7i:jtf p s£.^s "T-PoMA-T/pAs - Vy^ J^pTT ^js^<c€:i Aep /JoT/ae ttM-t- y^tdA/e^iCO Sogs^ (^oT of-^I^Sco Ae-^og^TA-P TO /=t/xJ/> rU€. cy/w ^c>o7, fAhs (7^eAA)T O^Afj^K >^/y 77AC Ce>^£^PA.;s ^4/^7y Cc>AC¥/77^^ 4^ Tlfg. 8e>y 5c^\)X CtOsOgL^ h^As popjzMsCP Vic X?Z4>^'i$ ^/qH^ ^yA-PTAJSpfCy /^^Ji}ip<2^ -(4>HMOtO Co04)GcL. y$$^ H£AP P/$COSSJd4) PdP/fi^ Ai^D 4/^ //^ 7m (^M/J/Ty ^^\4C£S dAf^/yr/77g€ n^ Ah>^ B£4T /^P(}4£SS ^^7€pT's STaAAoJc A^OgSTs^ /OszpS. A£Ap£4£ptv/> tO/U^ H&^T 1^ PAAAT A- fi^ceSS 13/^J^Miy 4^ Aep^dP ^OT 4T 7m U/SXtfAsf ®^/M.C> G P- f^ilc CeHHiSS/i>P£^ AiAATAA/iS - ^A'^Ty Dys C{\}ji^ pt(0 Il^V T5 /%c>J>5)£. LPogo-T/cxjj 7^S7?£tr^^ ,T^O O^fj^nAkX^ 13 '^Pt>6^c fdel^^ovO PEeSciotd0s" toHo ^{/C QseA t3 Jit 17" ITk. 15 /A 7%^ P^APcess lPp/eUf4JQ> 4ybJ^<^f to mpyH&JF 777/s 7La7c<j. December 11, 2006 Town Board Mtg ATTACHMENT #3 Finger Lakes Land Trust 202 East Court Street Ithaca, New York 14850 Tel; (607) 275-9487 / Fax: (607) 275-0037 . . . zvorking to protect the mtiirnl integrity ofthe Finger Lakes Region. December II, 2006 Ms. Cathy Valentino Supervisor, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Cathy, I am pleased to report that the Finger Lakes Land Trust just last month secured protection of approximately 117 acres previously owned by the Babcock family - a key open space parcel that includes 36 acres within the Town of Ithaca and 81 acres within the Town of Newfield. I am writing to seek the Town's support of this conservation project that will ensure the permanent protection of lands that are of particular ecological and recreational significance to town residents. The Babcock property has long been a priority for protection due to its outstanding resource values. The property features more than a mile of frontage on the Cayuga Inlet and hosts an important segment of the Finger Lakes Trail. Its extensive forested hillsides provide scenic vistas from both State Route 13 and Robert Treman State Park. The location of the property, itself, is also of particular significance. The tract borders a portion of the state park, as well as a Cornell Plantations natural area. Together with other contiguous conservation lands, it is part of a block of 2,000 acres of protected open space lands. The Land Trust purchased this property for $150,000 - less than its appraised fair market value of $178,000, which reflects significant timber resources on the property. The purchase was funded through a grant of $75,000 from Cornell University, several private contributions, and an intemal loan from the Land Trust's land acquisition fund. The Land Trust has set a fundraising goal of $200,000 to cover the cost of the acquisition as well as associated long-term stewardship expenses. To date, we have raised $121,500 of this amount. I hope that the Town will consider providing financial support for this project. By doing so, the Town will ensure the permanent protection of this significant property while at the same time ensuring future outdoor recreational opportunities for its residents. The Land Trust is also simultaneously seeking a commitment of $20,000 in funding from Tompkins County's capital reserve for open space protection. By promptly achieving its fundraising goal, the Land Trust will be able to deploy its staff to pursue other land protection opportunities in this area - particularly through the use of conservation easements. Email: info@flIt.org Website: www.fllt.org ' Ms. Cathy Valentino / December 11, 2006 f Page Two As I mentioned above, the Babcock property is significant for a number of reasons. Here are just a few of its noteworthy characteristics: • Contains more than a mile of frontage on the Cayuga Inlet - a major tributary to Cayuga Lake and a state trout stream for which the NYSDEC has already obtained fishing rights on the property; • Borders Robert Treman State Park, a Comell Plantations Natural Area, and private land under conservation easement - part of a block of 2,000 acres of conserved open space; • Hosts a portion of the Finger Lakes Trail, linking Robert Treman State Park and the Land Trust's Sweedler Preserve at Lick Brook; • Includes extensive woodland that is part of a corridor of relatively unfragmented wildlife habitat that extends for miles along the east side of the Cayuga Inlet ^ Valley; f ¨ · Provides a scenic backdrop for visitors to Robert Treman State Park as well as J travelers on State Routes 13 and 34/96. ^ j • Located within Gorges Natural Resource Focus Area of Tompkins County Comprehensive Plan It is the Land Trust's intention to retain and manage the property as a public conservation area. During the coming year, the Land Trust will develop a management plan for the property that will be based on natural resource protection as well as continued public access for fishing and hiking. The process will involve consultation with all neighboring landowners, including private citizens, municipal governments, as well as Comell University, and the New York State Office of Parks, Recreation, and Historic Preservation. Thank you very much for your consideration of this request. I have enclosed a map and an aerial photo highlighting the Babcock property for your review. I look forward to hearing from you. Sincerely, Andrew E. Zepp Executive Director f ^ enclosures ( I » I :)"V.-): >FLLT's SweedlerPreserve at LickBrookButtermilk FallsState ParkThayer Conservation EasementBabcock Property5''^— -p. ^ T'S- .•i"!Located just south of Ithaca, the Babcock property borders 2,000 acres of protected open space.Boundaries are approximate. Natural lands in vicinity of Lick Brook gorgeLegenddiveedler PrsserveTbayer CEBabcock propertyCornell Natural AreasState Park landsStreamsParcel bomdarlesRnger lakes Trail0 0.25 0.5i Miles Vol. 18, No. 4 The Land Steward Newsletter of the Finger Lakes Land Trust working to protect the natural integrity of the Finger Lakes Region Autumn 2006 An Emerald Necklace in the Making Land Trust Embarks on Multiyear Conservation Project in Highlands Around Ithaca The Cily of Ithaca is ringed, in part, by a broken string of aifeB public forest highlands, stretching from the Finger Lakes HIB National Forest in the northwest to Hammond Hill State Forest H||H in the east. These highlands once were cleared and farmed, but after gradual retirement of much of the area's marginal farmland over the last 50 years or more, most of the landscape has now returned to forest. As part of its conservation mission throughout the Finger |^H Lakes, the Land Trust has begun a long-term project known as the Emerald Necklace. The plan is to identify, preserve and manage lands that, when strung together and added to the existing public jj^H holdings, will make a bright green necklace of pristine forest RBB ^■•ipg below the south end of Cayuga Lake. The twofold aim of project is to protect the ecological integrity of these beautiful Lincisc lands and to make the public aware of the extraordinary the tm lurces available there. Working with a variety of public and under coiiliiiue(t on page 2 Lindsay-Parsons Biodiversity Preserve in West Danhy is just one of the tnany natural areas within the Emerald Necklace already under Land Trust protection Tompkins County Secures 439-Acre Farm With Land Trust Support With support from state and federal grants and the commit ment of farmer Don Howser, Tompkins County recently purchased its fi rst agricultural conservation easement. The Land Trust assisted the county in protecting more than 400 acres in the Town of Lansing, helping to keep a family farm in business and out of the way of creeping development pressures. contimieii on page 10 The 439-acre Howser Farm was secured through Tompkins County's frst agricultural easement State and Federal Tax Legislation Provide New Incentives for Conservation Easements Reccnl actions at the state and federal level have significantly expanded tax incentives associated with the donation of a conservation easement. New York State's new conservation easement tax credit will provide landowners with reimbursement of up to 25 percent of local taxes paid on land under easement on an annual basis. Since the reimbursement will be made by the state, this new incentive will not affect local property tax revenues. At the federal level, the pensions bill recently signed into law also includes additional incentives for prospective easement donors. The bill increases the maximum allowable deduction for an easement donation from 30 to 50 percent of adjusted gross income. Farmers may deduct up to 100 percent of their income. The bill also extends from five to 15 years the "carry forward" period during which the deduction can be taken. These provisions will be effective for donations made from January 1, 2006 to December 31, 2007. After that, the law will revert back to previous provisions, unless Congress takes action prior to the deadline.on page 10 PERSPECTIVES |RmB|^ 17 about the clean waters wtB^Sfl^ of our Finger Lakes, '■ ' Maryland State Senator Bernie Fowler has a cau tionary tale that deserves our attention. Fowler grew up on the shores of the Patuxent River, a major tributary to the Chesapeake Bay. He recalls being able to see his feet easily while standing chest high in the river, searching for crabs as a boy. By 1988, water quality in both the river and the bay had declined significantly since the days of his youth. Fowler vowed to use his position as a senator to fi ght for cleaner water in these areas. To call attention to the condition of these waters, he started an annual "wade-in" to gauge the river's clarity. For almost a decade, visibility steadily improved, from a low of eight inches to a high of more than 44 inches. To some degree, this improvement reflected substantial public investments as well as private initiatives to control runoff within the river's watershed. Unfortunately, since a high point in 1996, water clarity has generally declined as intensive development pressures have outstripped conservation efforts. Today, 60 million gallons of wastewater fl ow into the Patuxent. This fl ow includes excessive amounts of nitrogen and phosphorous which serve to upset the river's nutrient balance and foster the growth of algae. Today, Bernie Fowler fears for the future of his beloved river, just as an increasing number of Finger Lakes resident share these same fears for our beautiful lakes. While our development pressures are nowhere near those of central Maryland, they are growing and bringing with them growing threats to our water quality. According to Canandaigua Lake Watershed Program Manager Kevin Olvaney, there are now proposals for up to 1,000 new homes coming into the Canandaigua Watershed during the next 10 to 15 years. This intensity of develop ment may have a profound effect on water quality, particularly when homes are built on .steep hillsides or in close proximity to streams and wetlands. Rooftops and paved roads serve to accelerate runoff rather than letting rainfall absorb into the ground. Design standards and careful construction techniques can minimize some of these impacts, but we will fail our lakes if we do not take action now to ensure their future. While our region is blessed by an abundance of open land, development frequently takes place on those lands th!*' are the most environmentally sensitive. Who doesn't want to live near the water or on a hilltop with an outstanding view of the lake? To ensure the future of our lakes, we must ensure the protection of those wet land areas, streamside corridors, and steep wooded hillsides that are vital for the maintenance of water quality. Through the use of conservation ease ments, we can keep these lands in the hands of local families while securing their conservation values. More support for both private and public land conservation is needed. In addition, local governments must ensure that their building and subdivision codes are adequate to protect fragile lands. Does your town call for a streamside buffer zone for new construction? Lastly, we need to better understand the health of our lakes. Before it gets too cold, wade out into the lake and look for your feet! An Emerald Necklace in the Making continued from cover Aerial view, south of Ithaca, displays the rolling highlands typical of the Emerald Necklace private partners, the Land Trust hopes to establish the Emerald Necklace as a model for similar land protection efforts in the northeast. "Essentially what we're launching is an ambitious project that will go on for many, many years," said Land Trust Director Andy Zepp. "But the concept is a simple one: through a combination of conservation ease ments and limited acquisitions, we can secure this crescent of forested hills that serves so many purposes." The highlands are the source of clean headwaters feeding Cayuga Lake as well as a portion of the Susquehanna River watershed, and as such are vital to the well-being of area residents, The ecological significance of the forest is highlighted by the presence of two National Audubon-designated ImportantBird Areas and moft than 20 unique natu^ ^ areas identified by Tompkins County's Environmental Management Council. An ^ > continued on page 4 2 • THE LAND STEWARD CLOSER LOOK • he Raven's Tale ,, nat is it about the raven that has so long captured people's attention? Edgar Allen Poe's, "The Raven," made this bird famous in our culture as a symbol of death. But perhaps the raven's exceptional intelligence spurred Foe into writing about this curious creature. The raven's intelligence is one of the most fascinating characteristics of this bird, and it manifests itself in a wide variety of ways. It is less common in the Finger Lakes region than another member of the Family Corvidae^ the American crow, but the common raven (Corvus corax) is nonetheless a bird you'll see sooner or later if you hike enough in central New York and parts north and east of here. According to Kevin McGowan at the Cornell Lab of Ornithology, the best time ravens in the Finger Lakes area is veen January and May, and the best •tions are the gorges of Taughannock ts and Robert H. Treman State Parks. Though ravens and crows are superfi cially similar, they can be distinguished by several features; size (crows range from 17 to 21 inches in length, while ravens run 22 to 27 inches), tail shape (the raven's is wedge-shaped, while the crow's is not), bill shape (the raven has a heavy, "Roman nose" shaped bill; the crow's is slender), and throat feathers (the raven's are shaggy, the crow's are sleek). In addition, the raven's call is more of a croaking, cr-r-ruck sound; and in flight, the raven (unlike the crow) alternates flapping and gliding. When they are not roosting commu nally at night, ravens tend to be solitary, which makes them more difficult to spot than gregarious crows and grackles. But in fact, ravens are one of the world's most widespread birds. They've been found in widely differing habitats in North America, Central America, Eurasia and Northern Africa. That ravens can survive in a variety of climates — Arctic, temperate and desert «^<s a clear testament to their adaptabil- if not their intelligence. We see it in the ly ways they've adapted to human -.ence and expanded their numbers in cnt decades, even in urban areas. Because of early-20th century human The Raven's heavy, Roman nose-shaped bill is one of several features that helps distinguish it from its cousin, the American Crow attempts to wipe out ravens, their num bers dropped to all-time lows. Although ravens are still considered threatened or endangered in several northeastern states, they're now reoccupying much of their former range. The variety of ways that ravens find food, and the variety of things they consider to be food, gives them great adaptability. The raven is an ideal oppor tunist; it scavenges for carrion and garbage, it eats berries and other fruit horn trees, and it catches and eats a wide range of insects and rodents. Ravens will literally follow top carni vores as they hunt in order to scavenge on the eventual kills. The birds even follow farm machinery, having learned that as the machines move through fields, they stir up an abundance of rodents and insects. We also see raven intelligence when one bird finds a carcass and calls for other ravens, and by sheer force of numbers, the birds gain access to the food source and intimidate competitors. Ravens display a great deal of play like behavior, especially young birds (making it more likely that the behavior is, indeed, pure play). A 1998 paper reported that this play includes dropping and then catching objects while in flight, caching inedible items (including shiny objects such as coins), pecking predators, such as large hawks, on the tail (becoming increas ingly bolder about doing so, the more often they get away with it), playing "tug-of-war" with other ravens, and sliding down inclines on their bellies. Surprisingly, ravens are songbirds, even though they have four-foot wingspans (making them the largest of the world's approximately 5,000 songbird species). Regardless of their size, ravens have distinct songbird characteristics, including the four-toed arrangement that allows them to perch and the specialized vocal apparatus that allows them to sing. Although you may find the raven song less melodious than songs of many of our well-known, smaller songbirds, their repertoire of vocalizations is quite remarkable. The raven in Poe's poem — a bird steeped in the folklore and superstition of death — intones over and over the single word "Nevermore," leaving the poet powerless to purge from his mind his lost Lenore. This vision of the common raven takes into account only one aspect of this complex and fascinat ing bird, which is perhaps making a comeback in the Finger Lakes. — George Dillmann AUTUMN 2006 • 11 Finger Lakes Land Trust Officers: Jim Kersting, President Brad Edmondson, Vice President Ann Weiland, Secretary Jim Fralick, Treasurer Board Members: Katherine Borgella Nick Gavrielides Bob Growe Barbara Hamlin Howard Hartnett Albert Joerger Advisory Council: James Byrnes Thomas Eisner John Fitzpatrick Ted Hullar Chris Proulx Don Rakow Nancy Robbins Stephanie Sechler Scott Winkelman Suzanne Lee Robert Mrazek David Zorn Staff: Andrew Zepp, Executive Director Raul Aguirre, Land Protection Specialist Abbey Chernela, Office Manager Betsy Darlington, Director of Preserve Stewardship Karen Edelstein, CE Stewardship Coordinator, and CIS Specialist Emily Eisman, Outreach and Membership Coordinator Betsy Landre, Senior Field Representative Mark Whitmore, Stewardship Ecologist Newsletter Editors: Eben McLane Krishna Ramanujan Newsletter Layout: West Hill Graphics, Inc. Advisors: Legal Counsel: Elizabeth Bixler; Susan Brock; Dan Hoffman; Randy Marcus; Miller Mayer, LLP; Peter Miller; Richard Ruswick Forestry Consultant: Michael DeMunn Founding President: A. Carl Leopold Western Lakes Chapter: Jim Kersting, C/idir 585-367-2301 Eastern Lakes Chapter: Kris Scholl, Chflir 315-497-3066 Keuka Chapter: Debbie Koop, Co/imcf 315-595-2523 Finger Lakes Land Trust 202 E. Court Street Ithaca, New York 14850 Ph: 607-275-9487 • Fax: 607-275-0037 email: info@fllt.org • www.fllLorg Western Lakes Office 120 North Main Street, Suite 40 Canandaigua, NY 14424 Ph: 585-394-4189 Finger Lakes Land Trust 202 E. Court Street Ithaca, New York 14850 / > / ^ ( ^ f s AUTUMN 2006 CALENDAR Tuesday, October 24,7:30 pm: New Conservation Opportunities in the Western Finger Lakes. Cornell Cooperative Extension of Ontario County, 480 Main Street, Canandaigua, NY Join Executive Director Andy Zepp and Field Representative Betsy Landre to hear about new tax incentives associated with conservation easements and current Land Trust projects in the Western Finger Lakes. Saturday, November 11,10:00 am: Nature Walk at the Steege Hill Preserve. Join Betsy Darlington and Bob Corneau on a late fall walk through this 800 acre preserve above the Chemung River in Big Flats. From Rt. 17, take exit 49. Go south on Olcott Rd. Turn right on Rt. 64, then right on Rt. 352, next left on South Corning Rd. Cross bridge and go left on Steege Hill Rd. for 1.1 miles. Gate marks entrance, near gas pipeline. Parking area on left. Tuesday, November 14,7:00 pm: New Conservation Opportunities in the Eastern Finger Lakes. Skaneateles Community Center, 97 State Street, Skaneateles, NY Join Executive Director Andy Zepp to hear about new tax incentives associated with conservation easements and current projects in the Eastern Finger Lakes. See our web site for maps and photos of the preserves. WALKS GO RAIN, SUN OR SNOW. PLEASE BRING SNACKS AND WATER, AND WEAR STURDY SHOES. CALL THE LAND TRUST AT (607) 275-9487 FOR DETAILS. ( \ Cornell University and Finger Lakes ^nd Trust: Partners for 18 Years... ' id Counting ^ ))m its inception, the Land Trust has had a close, if always informal, relationship with Cornell University. In 1989, Andy Zepp, then a student in Corneirs Department of Natural Resources, submitted a proposal for a land trust as his master s degree project. That same year, the Land Trust was offi cially incorporated by Dr. Carl Leopold of the Boyce Thompson Institute for Plant Research. It wasn't until January 2003 that Andy returned to Ithaca in order to take on the role of Executive Director of the organization that he had helped establish 15 years earlier. Many of the Land Trust's advisors, both formal and informal, hold aca demic positions at Cornell, and some of them regularly bring students to the pre serves on field trips. Students from both Cornell and Ithaca College help with such projects as building trails or remov- ine nonnative invasive plants, and the r "Vnell Herpetological Society performs f yecies inventory at least once a year. o years ago, the Land Trust completed ' Cayuga Critical Areas Project, an inventory of significant land resources within the Cayuga Lake Watershed, with the help of a Cornell graduate student. Given this long history of collaboration, the formal partnership announced by Cornell Plantations and the Land Trust on June 27 was a natural next step. The two groups will work together to protect natural areas within Tompkins County. In addition, Cornell has committed $125,000 to the Land Trust for the acquisition of new land. Thanks to this partnership, Cornell's scientists will gain access to both local knowledge and local natural areas, and the Land Trust will have Cornell's scientific expertise at its disposal. The two groups are currently work ing together to identify land parcels for possible acquisition. Highest priority will go to areas that contain unique habitats and/or rare species, especially if they are contiguous with existing natural areas, formal decisions have been made yet, . according to Dr. Nancy Ostman, <'Vnell Plantations Natural Areas f ogram Director, the fen complex in .1 Creek Valley — home to rare species such as the American globeflower — is a very likely possibility. On the other hand. Dr. Tom Eisner, J.G. Schurman Professor of Entomology, Neurobiology and Behavior at Cornell and a member of the Land Trust's Advisory Council, believes that, consid ered from an ethical point of view, everything is worth preserving. "Land deserves to be saved because it exists," he said. "It's just intrinsically valuable." Protected areas that are candidates for land additions include Cornell's Slaterville 600 Preserve and the Land Trust's Lindsay-Parsons Biodiversity Preserve. It is perhaps appropriate that the latter is both a symbol and a product unusual invertebrates. The Lindsay-Parsons Biodiversity Preserve enjoys the dual distinction of being both the world's first temperate- zone bioprospecting preserve (most bioprospecting goes on in the tropics) and the product of the Land Trust's first big fundraising effort. A three-way contract between Cornell, the Land Trust and pharmaceutical giant Schering- Plough ensures that the Land Trust will receive royalties from the sale of any economically viable compounds found on the preserve. Unfortunately, the pharmaceutical industry's interest in bioprospecting has Thanks to this partnership, Cornell's scientists will gain access to both local knowledge and local natural areas, and the Land Trust will have Cornell's scientific expertise at its disposal of Cornell-Land Trust cooperation, as well as a firsthand example of the great things that can happen when a grass roots organization collaborates with a major research university. The story of Lindsay-Parsons began in 1994, when Cornell students on a field expedition at nearby Michigan Hollow in the town of Danby turned up a sur prising find: the fungus that produces cyclosporin, a drug regularly given to organ-transplant patients. It was the first time that the sexual form of the fungus had been identified. Tom Eisner, co- founder of the Cornell Institute for Research in Chemical Ecology, came up with a revolutionary idea. What if the Land Trust created a preserve that could also be used for research in chemical ecology? After some searching, they found a diverse and relatively untouched plot of land for sale in West Danby that contained everything from mature forests to kettle ponds, black bears to waned in recent years, a development that Tom Eisner sees as a grave mistake. "It's incredible shortsightedness, but it's a temporary thing," he said. "They're going to realize that they are not nearly as good as nature has been at designing drugs." The formation of the Cornell- Land Trust partnership has not come a moment too soon, as land prices con tinue to rise and the Finger Lakes region becomes more and more attractive to developers. Even if bioprospecting never comes back into fashion. Dr. Eisner is optimistic about the prospects for con serving land in the Finger Lakes region: "We're in a terrific condition because there's still so much land ready to be saved." — Jacqueline Stuhmiller AUTUMN 2006 • 3 Land Trust Seeks to Add Acreage to Biodiversity Preserve With a contract to purchase 16 acres of mature forest in hand, secure a corridor of unbroken forest extending south from the Land Trust is poised to extend protection of its Lindsay- Station Road along the high ridge that includes Thatcher's Parsons Biodiversity to more than 530 acres. This latest acquisi- Pinnacles, a popular overlook from the Abbott Loop of the Fit/ tion is particularly significant in that it will complete the Lakes Trail. ^ preserve s northeastern boundary. The property to be acquired is bordered by protected land Acquisition of the propert)', owned by David Galat, \vill three sides and features a mix of mature hardwood forest and stands of hemlock. The tract also contains the headwaters of a small stream that flows from the property and joins the Cayuga Inlet.!"This addition borders thousands of acres of conservation land," said Land Trust Executive Director Andy Zepp. "We're delighted that David Galat chose to work with us to conserve this property. The acquisition helps to ensure the overall integrity of - ' , - The Land Trust is committed to raising $35,000 to cover the V. , <^ost of the acquisition and to provide for stewardship costs asso- ^ ; ciated with the property. Cornell University has already commit- f ^ ted $10,000 toward this goal through its recent grant to the Land V^ A- *Trust (see related article in this issue). Please contact the Ithaca office if you would like to contribute to this project or would like ^ The Lindsay-Parsons Biodiversity Preserve is located just south of Ithaca outside the hamlet of West Danby. This sprawling With the proposed purchase of the Galat property and the sanctuary features a diversity of wildlife habitats including fields completion of the Raymond easement earlier this year, the Land and forest, as well as several ponds and streams. The preserve is a Trust will have ensured the contiguous nature oj the forest on this popular destination for hikers and birdwatchers who enjoy the hillside adjacent to the Lindsay-Parsons Biodiversity Preserve several miles of trails that the preserve has to offer. k.. With the proposed purchase of the Galat property and the completion of the Raymond easement earlier this year, the Land Trust will have ensured the contiguous nature of the forest on this hillside adjacent to the Lindsay-Parsons Biodiversity Preserve An Emerald Necklace in the Making continued from page 2 extraordinary variety of wildlife, includ ing wide-ranging species such as the black bear, call these hills home. These highlands also provide many recreational opportunities. For hikers, the Finger Lakes Trail wanders through much of the Emerald Necklace. Bird watching, camp ing, hunting, fishing, biking, cross-coun try skiing and snowmobiling are popular in varying degrees throughout the area. Fifty-thousand acres of public land are already secure from future develop ment in the Emerald Necklace. The largest emeralds are the Finger Lakes National Forest and the state-owned forests of Texas Hollow, Connecticut Hill, Danby, Shindagin Hollow, Hammond Hill and Yellow Barn. Smaller, but no less signifi cant, gems include Robert H. Treman and Buttermilk Falls State Parks, several Tompkins County Reforestation Lands and seven Finger Lakes Land Trust Nature Pre.serves. In all, the necklace spans three counties: Schuyler, Tompkins and Tioga. The Land Trust can point to the Lindsay-Parsons Biodiversity Preserve, Swccdler Preserve at Lick Brook and 4 • THE LAND STEWARD Stevenson Forest Preserve as three exam ples of its own contributions to the grow ing necklace. .Ml three protect landscapes that are remarkable in themselves for their beauty and their unique possibilities for ecological research and education as well as recreational use. Sweedler and Stevenson contain segments of the Finger Lakes Trail, providing hikers with the cool tranquility of the forest. The Land Trust has plans in the works for future acquisi tions and conservation easements to increase the acreage for this and other kinds of public use all along the Emerald Necklace. A quick look at a map makes it clear just how close these protected public lands are to each other and how realistic a prospect it would be to link them. The Land Trust aims to strengthen the neck lace by securing lands between the larger tracts of forest, effectively creating a green corridor across these hills. The first step in the long-term process of completing the necklace involves working with landowners as well as recreational groups and government offices to forge a consensus as to which lands are the highest priorities for conser vation. Ecological importance, impor tance to the connectivity of the necklace and scenic beauty are but three of the fac tors that must be weighed in determining key pieces of land to conserve. One phase of this initial process is complete: the latest draft of New York State Open Space Conservation Plan cites the Emerald Necklace as one of its conser vation priorities, noting the increasing pressures of housing development in the area on forest habitat and recreational opportunities. According to the draft, "By consolidating existing state holdings while also ensuring linkages between these sites, there is the potential to create a world class ecological, recreational and educa tional resource." In addition, the Tompkins County Comprehensive Plan has endorsed con-?^^ servation of much of the area, and sevei, town planning boards have expressed ^ interest in achieving the same goals f ^ within their municipalities. coiUiiiued on page 8 DONOR PROFILE '.and Trust member Mark Chao hatches jird-a-thon fundraiser Near the end of last winter, with thoughts fixed on spring, Mark Chao hatched an innovative idea to raise money for the Land Trust. Chao, an Ithacan and a Land Trust member since 2004, decided to hold a bird-a-thon, an event where people pledged a set amount of money for every species of bird that Chao saw or heard over a single week end. He chose the third weekend in May, as he expected to find passing north bound migrant birds as well as breeding birds on territories. And there was a catch: the birds had to be sighted on a Land Trust preserve or easement. In the end, the scheme Chao cooked up in his idle time netted the Land Trust close to $2,900. The event was so suc cessful that Chao and Land Trust Executive Director Andy Zepp have ^discussed making the bird-a-thon an nnual fundraiser and expanding the mmber of participants to anyone who is nterested. The bird-a-thon idea appealed to Chao for two main reasons: First, know ing he'd be looking for birds at that time, he thought his birding could also serve a good cause besides his own enjoyment. And second, by counting bird species, Chao wanted to draw people's attention to the outstanding diversity of birds at Land Trust sites. "The Finger Lakes Land Trust preserves and easements are the premier sites in the area for finding birds, in terms of variety and the presence of locally-rare or threatened species," said Chao. For example, the cerulean warbler, a bird considered for the Endangered Species Act, can be found on Land Trust holdings such as the High Vista Preserve, south of Skaneateles Lake, just south of the Cortland/Onondaga County line. Also, the Lindsay-Parsons Biodiversity Preserve in West Danby, Tompkins County, is probably the only publicly- accessible site in the region where worm- eating warblers breed. On the weekend of May 20 and 21, Chao and two companions, Ithacans and Land Trust members Bob McGuire and Jane Graves, visited 12 Land Trust sites over the weekend. Still, in spite of cold temperatures, wind, rain, and sleet, which suppressed bird activity, Chao saw or heard 86 species, only 14 short of the 100 species he expected to identify. Chao mainly targeted the Cayuga Bird Club for donors this year. The club has about 150 members, but he also posted an announcement on the club's list serve that boasts 400 subscribers. While Chao pledged a dollar per Land Trust member and bird enthusiast Mark Chao species of his own money, 30 other people also pledged. "People were happy to have an opportunity to support the Land Trust and to support me," said Chao. "Most of the donors were people who already give to the Land Trust. I am hoping that we will get an even greater number of people participating next year." Considering the initial success of Chao's bright idea, next year's bird-a- thon looks to be a winner as well. "We are working with Mark to expand the bird-a-thon in 2007," said Zepp. "We are reaching out to Rochester, Syracuse, and really all the birding com munities in this part of the state to make this a truly regional effort." —Krishna Ramanujan An Emerald Necklace in the Making continued from page 8 long-range strategy of the Emerald Necklace project will be working with state and local government agencies, along with volunteer community groups, to make those lands that can tolerate greater recreational use more accessible to the public. Increasing the number and quality of interpretive sites, as well as other amenities such as parking, would go '^^ng way in providing greater oyment and wiser use of these forests. "We believe that people will support Tmerald Necklace," said Andy Zepp, .1 we can show that securing these lands is not just a wonderful thing for our quality of life — the quality of our water, for example — but also a boon to local economies through increased awareness of the Emerald Necklace as a recreational resource." The Emerald Necklace project will be years in the making. It will require an unprecedented web of cooperation and partnership between the Land Trust, private and public land owners, government agencies and communities. Because it will be essentially a grassroots effort — would you have it otherwise? — progress will necessarily be measured in small increments as we work to finish the necklace for our children and grandchildren. — Eben McLane There is a CIS map and more photos of the Emerald Necklace in this issue's centerfold on pages 6-7 The Land Trust has established a special fund to support conservation efforts within the Emerald Necklace. Please contact the Ithaca office to learn how you can help support this effort. AUTUMN 2006 • 9 Tompkins County Secures 439-Acre Farm With Land Trust Support continued from cover Located on State Route 34, the Howser farm is especially significant in that it includes prime agricultural soils, extensive scenic road frontage, and a portion of the Locke Creek Corridor — a county-designated unique natural area. "This farm is right in the heart of one of the county's agricultural resource focus areas," said Tompkins County Planner Ed Marx. The county's compre hensive planning process has painstakingly identified areas recognized as most important for agriculture, with an emphasis on the preservation of both eco nomic health and scenic open space. The Land Trust assisted the county by commissioning appraisals of the property, assisting with drafting of the easement and documentation of the land's condition, and by co-authoring an approved grant application to the fed eral government's farm and ranch protection program. "We're delighted that Tompkins County is taking action to conserve open space identified through its planning process," said Land Trust Executive Director Andy Zepp. "We recognize the hard work that county planning staff put into this project and applaud Don Howser for his commitment to the future of his family's farm." State and Federal Tax Legislation Provide New Incentives for Conservation Easement continued from cover Land Trusts from across the state and across the country worked with the Land Trust Alliance (LTA) to lay the groundwork for passage of these incentives. As the national organization of land trusts, LTA represents the interests of local land trusts on state and federal policy issues. For additional information on the new tax incentives, please contact Rocci Aguirre at the Land Trust's Ithaca office. The Land Trust will also share information about these new incentives at a series of public workshops to be held around the region during the coming months. See calendar listings on back cover. We are deeply grateful for donations in memory of: David Cattle From Stephen and Ann Marie Ahrns • • • Arthur J Fogerty From Mary Jane Fogerty Christopher Gulick From Richard, Laura, and Jessica Gulick George W. Hamlin II From Thomas Hamlin Emma Kay From Ann Mittermeyer • • • Loretta Nester From Harry McCue Lloyd Rogers From John Rogers • • • Gerald S. Silkiewicz From Deborah Banikowski and Buffalo Area Office Staff • • • Adrian M. Srb From Jozetta Srb Thank you for making our 2006 Talks and Treks Series a Success! Angela Cannon-Crothers Mike and Wendi Cartwright Eric Cosman Betsy Darlington Mike DeMunn Karen Edelstein Jaimy George Don and Nancy Green Bob Guthrie Mary Hanlon Tom and Sandy Hansen Meena Haribal Kathie Hodge Don and Margot Hughes Tony Ingraham Lyn Jacobs Jim and Sara Kersting David Marsh Dennis Montgomery Carol Navarro Linda Rayor Ken Rosenberg Kelly Somerlot Chris Tessaglia-Hymes Vine Vine Valley Community House MarkWhitmore Rob Wink Our sincere thanks for a gift from • • • John McCormick and Morgan Russell honoring the guests at their wedding. Our sincere thanks for a gift in honor of the weddings of Karen Frutiger and John Stewart From Joanne Greenwood Darren Baun ¨ · · Lizzie Simkin and Nick Boyar From Robert T. Palmer A f ^ f s WISH LIST Digging shovels A Pick-axes and Mattocks f (Tools must be in good repair) ^ 10 • THE LAND STEWARD A' cklace FLLT Nature Preserve O FLLT conservation easements Public forest/state park Rnger Lakes Trail Yellow Barn State Forest : ,4LaH|g?| Yotitt^ hjIccTs ctijoy^tfi^ ths St^f^sct wi Hammond Hill State Forest Biodiversity Preserve Shindagin Hollow Slate ForestDanby State Forest w iil Waterfall on upper Six-Mile Creek in the Town of Dryden, Tompkins County n 1 of 13 properties within the Emerald Necklace now protected by a Land Trust conservation easement :a 'Aland Preserve in Slate. Eagles Return to Conserved Lands It has been a good yearfor bald eagles here in the Finger Lakes and elsewhere in New York. According to Sean Hanna, a regional director for the New York State Department of Environmental Conservation, eagle populations continue to increase, with the state this year hosting more than 120 breeding pairs. ^ • Ji This is a far cry from the I970's, when the state had only a single nesting pair, on Hemlock Lake. Thanks in part to a reintn duction program sponsored by the NYSDEC and the U.S. Fish ' ^ and Wildlife Service, populations have rebounded and eagle ^ sightings are now being reported from throughout the region. Starting in 1976, state and federal officials introduced eagle chicks from Alaska to the Montezuma National Wildlife Refuge and several other sites around the state. "The program was one of the most successful programs upon which DEC has embarked," Hanna said. "Never in my wildest dreams would I have believed it would have been as successful as it has been." Today, eagles are establishing new nest sites throughout the state. This year found eagles returning to nest at two sites con served by the Land Trust. The Waterman Nature Center reports that eagles have returned to Hiawatha Island, a patch of wildness in the Susquehanna River on which the Land Trust holds a con servation easement. Located in Tioga County, Hiawatha is the largest island in the river within New York State. At the Land Trust's Steege Hill Preserve in Chemung County, eagles are increasingly observed soaring above the Chemung River as they have established a nest on nearby private land. Volunteer Steward Bob Corneau reports a recent sighting of a juvenile eagle perched above the preserve's pond. The Land Trust applauds the successful efforts of our wildlife managers to restore our eagles and to support this burgeoning population. We will continue to secure those lands that provide suitable habitat for these majestic birds of prey. r S An Emerald Necklace in the Making continued from page 4 The next step for the Land Trust is to coordinate efforts with the three counties, the eight towns within the Emerald Necklace and other concerned partners, such as local sporting and community groups, the Finger Lakes Trail Conference, the NYS DEC and Cornell University, among many others. This phase will involve the Land Trust in energetic out reach efforts to explain the project goals, establish a dialogue to further identify priority lands and determine areas of mutual interest. Although the Land Trust plans to conserve land within the Emerald Necklace through limited purchases, the scope of the project requires a greater role for conservation easements, which would protect lands from development and further fragmentation of habitat while keeping them in private ownership. One case in point is an easement donated over a year ago by Vic and Elaine Mansfield of Hector, Schuyler County. The Mansfield's 70-acre property abuts the Finger Lakes National Forest; their generous donation extends protection to more contiguous, 8 • THE LAND STEWARD unbroken forest habitat and effectively enlarges the biggest emerald in the necklace. At the time of the donation, the Mansfields described their desire to help maintain and expand "ecological havens." There are many of these havens to protect, expand and link together, and it will take many owners like the Mansfields to help achieve these goals. The Mansfield easement, like most others held by the Land Trust, allows for selective timber harvesting, partly in recognition of traditional land use throughout Finger Lakes forests. "One of the many goals of this project is to pro mote sound forestry practices that will contribute to the local economy while ensuring forest health," said Andy Zepp. Despite the rich natural resources available to the public along the Emerald Necklace, only the Finger Lakes National Forest has a high profile outside the immediate area — most people are unaware of the superb mountain biking at Shindagin Hollow State Forest or the cacophony of frogs at the Land Trust's Goetchius Wetland in Slaterville Springs, much less the quiet tranquility of the Martin Preserve in Catharine. "Part of the challenge in embarking on this project is fostering greater awareness of the public value of these highlands," said Andy Zepp. "Most people don't even realize what's out there. So ultimately, the Emerald Necklace is much more than a simple land protection project." The Finger Lakes National Forest has the highest profile of any of the public lands within the Emerald Necklace and is well-known both within and without the region as a recreational and educational resource. Interpretive sites scattered throughout the National Forest make it easy for visitors to find their way around and take full advantage of what the land offers. State parks within the Emerald Necklace are also relatively user-ffiendlyy But large blocs of state forest land are virtually unknown to most people and t ^ lack even basic interpretive sites. A vital continued on page 9 Steege Hill Preserve Hosts Sir David Attenborough's ^ife on Earth" '' segment on rattlesnakes for "Life in Cold Blood"—the final ^ .episode of Sir David Attenborough's famed BBC series "Life larth"— was recently filmed at our Steege Hill Preserve in Big Hats. The producer of the episode, zoologist James Brickell, and two photographers were there for two weeks. Attenborough himself was there for a couple of days with yet another crew of photographers, along with Professor Harry Greene from Cornell, the world's leading expert on pit vipers (whom the BBC flew back from his research site in Brazil) and Harry's research associate and former student, Rulon Clark, who has been studying the timber rattlesnakes at Steege Hill for several years. The program sends its teams all over the world to film marvels of the natural world. Recently, James was in Argentina, for example, where they filmed an anaconda giving birth under water. When asked "Wliy here? Why Big Flats?" James explained that, in reading a large number of research papers in preparation for the program, he came across Rulon Clark's work on (from left to right) Steege Hill Preserve Steward Bob Corneau and photographer Luke Barnett with the producer of this Life on Earth episode, zoologist James Brickell rattlesnake hunting behavior. Further investigation led him to conclude that this would be an ideal place to film—and would simultaneously put him in direct touch with both Rulon and Harry. (James confided that Harry Greene has long been one of his heroes, along with Attenborough himself.) Harry will be proofing the text. So, what does a film crew do during a "shoot"? On one of the days, volunteer steward Bob Corneau and this writer kept them company for several hours. (Bob was overseeing their activities and keeping these nice young "chaps" on the straight and narrow.) In this case, they set up two cameras aimed at rat tlesnakes, and then sat there in the shade of the forest, listening to songs of hermit thrushes, wood pewees, and pileated woodpeck- '^^and leaves crackling under the tiny feet of rattlesnake fodder, chatted about this and that, but mostly we just sat there and ayed the place. ^ It turned out that, on their very first day at the preserve, pho- L..graphers Luke Barnett and Mark MacEwan got exactly the shots they needed—of a wild rattlesnake ("Hank"—named after Hank Life on Earth crew members preparing to "shoot" Sir David Attenborough (center-right) interviewing Cornell University Professor Harry Greene (center-left) Williams) catching an unsuspecting chipmunk and later, striking at, but missing, a mouse. This is the first time this behavior has ever been captured in a movie (at least one that we, the public, will be able to see) without any manipulation of either predator or prey by the photographers. No fancy tricks or stunts with this crew! So why didn't they pack up and go on to their next site? Well, they wanted to try for more—though they did say how much they loved being in this beautiful, peaceful place. — Betsy Darlington Acquired in 2001 through the generous support of an anony mous donor, Steege Hill is the Land Trust's largest nature preserve, encompassing 800 acres of forested hillside just south of the Chemung River between Corning and Elmira. In addi- ,i tion to its resident timber rattlesnake population, the preserve ' hosts black bear, porcupines, and numerous songbirds.■j Please see the Autumn 2006 calendar listings on the back] cover for our Nature Walk at Steege Hill on Saturday, i' November 11, at 10:00 am. ! Cameraman filming a timber rattle snake AUTUMN 2006 • 5 from the Emen id Some facts about the Emerald Necklace: • spans 3 counties and 12 towns • contains 96 miles of the Finger Lakes Trail • encompasses more than 60,000 acres of protected open space • includes two National Audubon- designated Important Bird Areas and more than 20 county- designated Unique Natural Areas • protects an important source of clean water feeding both Cayuga Lake and the Chesapeake Bay • shelters an extraordinary variety of wildlife including wide-ranging animals such as the black bear Finger Lakes National Forest '•<!■ Texas Hollowy- Connecticut Hill State Wildlife Management Area V Buttermilk Falls State Park ik/'• o p Robert H TremanState Park ^ ^ Arnot Teaching and Research I a 140 ft. waterfall tumbles through Lick Brook Gorge at the Sweedler Preserve 6 • THE LAND STEWARD ■.i ' The Stevenson Forest Preserve Honor a friend or loved one with a gift membership or a special contribution. Gift Membership For (Name) $ Address City State Zip Memorial Contribution $ For (Name) The Finger Lakes Land Trust is a 501 (c)3 organization. Please complete this form and mail with your check to: Finger Lakes Land Trust 202 East Court Street, Ithaca, NY 14850 607-275-9487 Finger Lakes Land Trust 202 East Court Street Ithaca, NY 14850 Yes! I want to support the Finger Lakes Land TVust and their efforts to protect the open spaces and green places of our region. Ms._ Mrs Mr. _ Name: Address: City: State: Zip: Phone: E-mail: Date: Chickadee (under 18 years old). .$10 Credit Card: □ Visa Q MC Cerulean Warbler $35 Card No.: Wood Thrush $50 Exp. date: Red-Tailed Hawk $100 Card holder's signature: Osprey $250 Great Horned Owl $500 Great Blue Heron . .$1,000 Print card holder's name: Other $ □ Please send me information about volunteering.□ Please send me information about planned giving.□ My employer's Tnatching gift form is enclosed. I ( ' * ( Visit our website at: www.fllt.org CONIFER DRIVE ACCEPTANCE AGREEMENT ^ 2. Conifer and Ithaca Senior agree to complete said road and related facilities in the boundaries of the right-of-way as conveyed by Conifer and Linderman II to ^ the Town concurrently herewith. Said road must be completed in accordance \ with the Drawings. The final determination as to whether or not such road has been completed in accordance with the Drawings shall be made by the Town Board upon the recommendation of the Town Highway Superintendent. Such road must be completed not later than May 1, 20000. 3. Conifer and Ithaca Senior agree to install permanent concrete monuments with steel or iron pipe inserts, in accordance with specifications furnished by the Town Highway Superintendent or Town Engineer, such monuments to be installed at such locations as Superintendent or Engineer may specify. Such monuments shall be installed within the period required for the completion of the roads as hereinabove set forth. 4. The Town consents to the entry on the unfinished portions of said roads by Conifer and Ithaca Senior and the contractors and agents of Conifer and Ithaca Senior for the purposes of completing the roads in accordance with this agreement. 5. Conifer and Ithaca Senior agree that upon completion of the roads, they will furnish a revision of the aforesaid map, to be certified by a competent surveyor, ^ ^ showing the monuments, as the same are actually located as hereinabove described. f \ ' ^ 6. Conifer and Ithaca Senior agree to indemnify and save and hold harmless the Town, its officers (including the Town Highway Superintendent and Town Engineer), agents, contractors and employees from and against all suits, claims, loss, liability or expense (including costs and attorney's fees) by reason of any liability imposed upon the Town or any damage to property, including loss of use thereof, resulting from any condition of the uncompleted portions of the said streets or which may result from any work or operations on the said uncompleted portions of said streets road bv Conifer, Ithaca Senior, or their contractors, agents, employees or invitees, except for liability due to the gross negligence of the Town, its officers, agents, contractors or employees. In this respect. Conifer and Ithaca Senior shall provide and maintain at their own expense insurance coverage for public liability and for the contractual liability of Conifer and Ithaca Senior under this agreement. Such policy shall provide or include coverage for all operations of Conifer and Ithaca Senior in completing the work on the streets required by this agreement; completed operations; personal injury and board from property damage. The amount of the policy shall be at least $1,000,000 aggregate limits or in such other amounts as the Town may reasonably require. The policy shall be reviewed by the Town's insurance counsel to determine whether it adequately protects the Town ^ and Conifer and Ithaca Senior shall comply with any reasonable requirement of the insurance counsel. C:\Documents and Settings\lgoodb\Local Settings\Temporary Internet Files\OLK2\Road Acceptance Agreement rev 1.dTC DWalker 12/11/2006 CONIFER DRIVE ACCEPTANCE AGREEMENT 9 \ P ^ f 1 7. If Conifer and Ithaca Senior fail to complete the said roads as required by this f ^ agreement, or otherwise default in the performance of this agreement, the Town p % shall notify Conifer and Ithaca Senior of said failure or default and demand that # ^ Conifer and Ithaca Senior correct said failure or default within a reasonable time specified by the Town in said notice. If Conifer and Ithaca Senior fail to correct said failure or cure said default within the time specified by the Town, then the Town may proceed to complete said roads and Conifer and Ithaca Senior agree to pay to the Town on demand the cost of completing said roads including all necessary expenses and obligations and liabilities insured by the Town in connection with completing said work. As partial security for the performance of such work, and as a source of payment of the costs and expenses Incurred by the Town in connection with the foregoing, Conifer and Ithaca Senior agree to deposit with the Town an unequivocal Irrevocable letter of credit (in form and substance satisfactory to the Town Attorney) in the sum of $2^i5G0.Q0. The amount provided by the letter of credit, shall be applied toward any cost or expenses incurred by the Town in the event of any default by Conifer and Ithaca Senior in the performance of their obligations under this agreement. If Conifer and Ithaca Senior shall fully perform this agreement in accordaiice with its provisions, said letter of credit shall be discharged, upon resolutionmy the Town Board. ^ 8. Conifer and Ithaca Senior agree to furnish to the Town an abstract of title certified at least to the date of recording the said deed. The deed will be a warranty deed with lien covenant. Copies of the revised map will be furnished ^ ^ in such amounts as will be sufficient for distribution to various Town officials and for filing. 9. Upon the execution of this agreement and upon the acceptance of the Insurance policy and letter of credit, the Town will accept the aforesaid deed, which will be recorded in the said Clerk's Office concurrently with said deed. 10. In the event Conifer and Ithaca Senior fail to make any payments to the Town as required hereunder, the Town may, at its option, pursue any one or all of the following remedies to enforce the collection of any such amount: a. The Town may bring an action at law to collect such amount as on a contract; G^b. The amount of any such sum which remains unpaid and is due to the Town shall be a lien on the property presently owned by Conifer lying within the boundaries of the subdivision as shown on the subdivision development map hereinabove described, but such lien shall in no manner be effective against a bona fide purchaser or any separate lot on which a dwelling unit has been erected unless a notice of this lien signed by the Supervisor of the Town of Ithaca and indexed to Conifer describing specifically the amount due has been recorded or filed in the Tompkins County Clerk's Office prior to the recording of the deed to such ^ ^ purchaser. The Town agrees that no such lien shall be so recorded or CADocuments and Settings\lgoodb\Local Settings\Temporary Internet Fi!es\OLK2\Road Acceptance Agreement rev 1 .doc □Walker 12/11/2006 CONIFER DRIVE ACCEPTANCE AGREEMENT 11 12. filed unless a notice in writing sent by certified mail, return receipt requested, has been sent to Conifer and Ithaca Senior at the address of Conifer and Ithaca Senior set forth at the beginning of this agreement or a such other address to which Conifer and Ithaca Senior shall have directed (by written notice delivered to the Town), and 60 days have elapsed from the date on which such notice as mailed; and either said sum has not been paid, or the Town and Conifer and Ithaca Senior have not adjusted the matter to the satisfaction of the Town. This agreement shall bind the parties hereto, their respective successors and assigns. Each Party represents and warrants to the other that the execution of this Agreement has been duly authorized by it and that the individual signing below has authority to execute this Agreement upon such party's behalf. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. DATED: i \ I y ( \ Conifer Realty, LLC By: Timothy D. Fournier, President Linderman Creek II Associates, LLC By: Conifer Realty, LLC, its managing Member By: Timothy D. Fournier, President Ithaca Senior Living, LLC By: Conifer Realty, LLC, its managing Member By: Timothy D. Fournier, President TOWN OF ITHACA BY: as Town Supervisor STATE OF NEW YORK) 83.: COUNTY OF TOMPKINS) On this day of personally known who, being^ b 20 , before me, came did depose and say to me resides aty me duly sworn, did depose and say that s/he Ithaca, New York, and that s/he is the Supervisor of the Town of Ithaca, who executed the within instrument, and s/he acknowledges to me that s/he executed the same, and that such C;\Documents and Settings\lgoodb\Local SettlngsMemporary internet Fi!es\OLK2\Road Acceptance Agreenient rev l.drc DWalker 12/11/2006 CONIFER DRIVE ACCEPTANCE AGREEMENT execution was on behalf of the Town of Ithaca and that the Town Board of such Town duly authorized such execution. Notary Public STATE OF NEW YORK) 88.: COUNTY OF TOMPKIN8) On this day of , 20 , before me, came to me personally known who, being by me duly sworn, did depose and say that s/he resides at , Ithaca, New York, and that s/he is the President of , the corporation described in and which executed the within instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that s/he signed his/her name thereto by like order. Notary Public I \ f \ I \ C:\Documents and Settings\lgoodb\Local SettingsXTemporary Internet Files\OLK2\Road Acceptance Agreement rev l.doc DWalker 12/11/2006 fl CBNDA#! * * \ 3 S n f 1 LOT 5 LOT « MAnSHALL-HIRSnELD SU80MSI0N WESTERN HILLS - DEVELOPUENT II mo 12/'/'M* iW BWHt" B. SMttILOT 3 2 LOT 1 LOCATION MAP SCM£: I' - 2000' ' icnoo'-. .WM.,, OffiCNTATtOH SfSlO ON KtO B00« &e&. PACE B82 Btr- IMP EKTrruD 1opocwp»^ic map. eanos or johm ^ mm/Tr' fly jOitj ? IMcNDLL J' PE 4 LS, OATD 7«i7-iVO'.SCF; IMP ENtmeO 'IMP 5HOW1N6 LANDS 9^ C^^aANjlSI OFncc tDMf*NS couMrt cr* ToJir w''fM«C». 'TouMIKS 'cOLSliV/sTAIt Of NtH 'WK' BV yilOHJ. IS. CAItO 6-M-l«'S •■■•o flCD l» 1>t :0<»f*"'5 COokTV C-tl* M««S>«U. LO'S on HtCIM STqrr utp rNIiflTD ONP OT BOeeRT N M*NSN-LL LU'S ON ntoio" 3i -7 WESTUOUNT SUBDIVISION)l ri£D 12/15/>»5J <MP BOON B-S. BiOE «5rlHlil. W BT CA»L CAW«Ci«U. a WTEO J-J5-194' «NS rnCD H THE 10COONTT CIXRN'S CfFlCE IN BOO" S-t Of I.WPS AT 15en'UlEO "suimt imp or hot hector sireeiCOUNTr. «* TOW »t r.eSHETH A BWEB. PtS 0"I€0lOMPCRJS COLUTT ClXRK'S OfOCE WITH DEED «52 " IBEf- MAP ENHTlED •SOOVEt map .1111 HEC10R SIREEI. ClT* Of ITHACA 10COUHM. H.f BT TO MAXE" ASSOC. OA1E0 f-TO:Sil'",!niCD Ili THE TOliPKiHS COUNTY ClESH'S orfCE WllH KtD 52 "RET.: MAP ENIIHED 'IINAL PLAT. IMASfMLl-HIRSf lELDSU^Of^. «STEinOtVtlOMAENl ■•. ST THOMAS 0. »All£«, lS. OATD OCTOBERANO fan IN ihe iompains county cierhs omcE on i2-i-i96« in uaa THE TOmPKiNS C&JNTt ClCR«"SBET • MAP EVTrtED >EST MttPfr. PR.EO2-1S-1S5S IN BOON B-6 AI PAOtREP - SHEET K« SR or CONSTFUCTON DRAWINGS roR THE EnPiElD CENTER- IHIS survet does not constitute TITlE SIAP DANIEL B. k BECKY U. ROBINSON H3CN THrWNC TM CH BT C.I. MAiE ASS0G«EASCMEMTS OT RECORD TOR ALL IN/ORMAIIW WEI^ , AKO init. RlftKENCE 6 MADE TO ABSTRACt 0PRtOABEB 'BT MOAHOE TciLt INSURANCE ,OROEB No lOIATfl OaTEO APPR JB. IBBA. this SUWAEt is subject TO^^lCOAE.NANTS ANO RtSTRiCKINS AS RtClTEO IHEREH IS TUWThEH SUBUEC rtiON^' GfTTfiAN^IiONS REVSAUEO OR* CONDUCTED 'ROM THE OATE Of SA 10 The PRESENIUNOEAOROJNO rACRIltS, SIRVCTUAES AKO UDUTIES MVE ^N ^MEOobiarad bt Eitio suwvn. prewcus maw ^ E iesiraonTHEIR ■LOeinONS' MuST BE CONSIOEREO 0~1TOHOUNO UTAlHES. THE EajSTENCE Of WHICH ARE NO. ANOwPJlO THE IPlOERor AIL UNDEBCROUND UIHlTSS AND SIRLTCTU^APPROBRMTE AUTHORITIES PRIOR 10 ORC.AML SURVSY PERfCAlMED iN SCBI PtRIMEICR TELLCAA capped IRONnClD TRUitOSt CLOSURE - 1 SBOOO (BALANCED WTH COltfASS WJlC) RtlER TO CONSTRL'CTION BIAHS AND IMPRCMMlN-T PLANS tCW IX CONlEER HOfAKS 1. k smTN I. StMP ATQJ1AMS I iO. RANSEN lO/PARC TW> ikSiS I BAOTA WKINEKI KCB AfT/BAa r ILL k AM. UVVfn ■BDl CM/PMCUAH CWSK UTES. LE» L8101 ACRES U k C.P. BARKLKROAD 9 DEC 5 2006 F NAL PUN |.&N0$ N7W OR FORMERS CONIFER REALTY, LLC PAPT Of MNJTAFT LOT 5« COLjN!V rOAC.T. MALE ASSOCIATES, P.O. ^JJ^CN«w<u'H0v<'r."'cR;XV5E».aT i^J|S||@| SCA.E r = 10: December 11, 2006 Town Board Mtg ATTACHMENT #4 AGREEMENT I \ TOWN OF ITHACA ACCEPTANCE OF CONIFER DRIVE f < > THIS AGREEMENT, made between Conifer Realty, LLC. a New York limited liability company, doing business at 183 East Main Street, Suite 600, Rochester, New York 14604 ("Conifer"), Linderman Creek II Associates, LLC, a New York limited liability company, doing business at 183 East Main Street, Suite 600, Rochester, New York 14604 ("Linderman H"), Ithaca Senior Living, LLC, a New York limited liability company, doing business at 183 East Main Street, Suite 600, Rochester, New York 14604 ("Ithaca Senior") and the Town of Ithaca, a municipal subdivision of the State of New York with offices at 215 North Tioga Street, Ithaca, New York 14850. WITNESSETH: WHEREAS, Conifer owns a parcel of land on which is located a portion of a private road known as Conifer Drive, as described in Schedule A ("Conifer Drive"). WHEREAS, Linderman II owns a parcel of land on which is located a portion of a private road known as Conifer Drive, and upon which Ithaca Senior desires to extend Conifer Drive, as described in Schedule B. ^ WHEREAS, Conifer also owns a parcel of vacant land, as described in Schedule C, on ^ ^ which Ithaca Senior desires to extend Conifer Drive. ' ' WHEREAS, Conifer and Linderman II have requested the Town of Ithaca (the "Town") ' ' to accept deeds, for Town Highway purposes, by which Conifer will convey to the Town the parcels of land described in Schedules A and C hereto, and Linderman II will convey to the Town the parcel of land described in Schedule B hereto, all as shown as a proposed Town Right-of- Way on Drawing L-2 of the construction Drawings for Conifer Village prepared by Carl Jahn & Associates and dated December 5, 2006 (the "Drawings"), commencing at the intersection of Conifer Drive with NYS Route 79 and running approximately 830 feet in a northerly direction. WHEREAS, Conifer Drive has not yet been completed to the Town of Ithaca specifications or extended; and WHEREAS, the Town is willing to accept a conveyance of said road although it has not as yet been completed provided, however, that Conifer and Ithaca Senior comply with certain conditions hereinafter set forth. NOW, THEREFORE, in order to induce the said Town to accept the title to said strip of land for municipal purposes in consideration of the premises and the mutual agreements hereinafter set forth, it is agreed as follows: ^ 1. The Town will accept a conveyance of said road.s > ; ^ agenda ITEM NO. 13 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 125 OF THE TOWN OF ITHACA CODE, TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION," TO CONFORM CHAPTER 125 WITH NEW YORK STATE REQUIREMENTS TOR ADMINISTRATION AND ENFORCEMENT OF NEW YORK STATE FIRE PREVENTION AND BUILDING CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The text of Chapter 125 ofthe Town of Ithaca Code, titled Building Construction and Fire Prevention," is hereby deleted in its entirety and replaced by the following text: Chapter 125 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-1. Scope. § 125-2. Administration. § 125-3. Rules and regulations. § 125-4. Building permits. § 125-5. Construction inspections. § 125-6. Stop work orders. § 125-7. Certificates of occupancy. § 125-8. Operating permits. § 125-9. Fire safety and property maintenance inspections. § 125-10. Notification regarding fire or explosion. ^ § 125-11. Complaints. § 125-12. Violations./ ^ ( \ December 6,2006 5^ § 125.13. Penalties for offenses. ' \ f § 125-14. Records. ^ ^ § 125-15. Removal of dangerous buildings or structures. § 125-16. Variance and review. § 125-1. Scope. This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. § 125-2. Administration. The Code Enforcement Officers are hereby designated to administer and enforce the Uniform Code within the Town of Ithaca. The Town Board may also designate by resolution other individuals or entities to administer and enforce the Uniform Code, provided that such individuals and entities shall not have the power to issue building permits, certificates, orders and appearance tickets unless they are public officers. Any individuals or entities designated by the Town Board to administer and enforce the Uniform Code shall have qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code Enforcement Personnel in the State of New York), as amended, or any successor regulation. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this chapter, or any other provision of law. B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4. Building permits. A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or stmcture ^ (including signs, except as specified in Chapter 221, Signs, of the Code of ; i ! \ / > December 6,2006 / f the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to the Uniform Code, without having applied for and obtained a building permit from a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be required for: (1) Construction or installation of a one-story accessory building in an agricultural or residential district associated with one- or two- family dwellings or multiple single-family dwellings (townhouses), provided that such building: (a) Is used for a tool or storage shed, playhouse or other similar use; (b) Costs less than $3,000; (c) Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet; (d) Does not involve the installation or extension of electrical, plumbing, or heating systems; and (e) Does not include the installation of solid fuel burmng heating appliances and associated chinmeys and flues. (2) Construction of parking spaces for one- or two-family dwellings or multiple single-family dwellings (townhouses); (3) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) Installation of swimming pools associated with a one- or two- family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (5) Installation of fences which are not part of an enclosure surrounding a swimming pool and which are not over six feet high above the natural grade; (6) Construction of retaining walls, unless such walls support a surcharge, impound Class I, II or IHA liquids as defined in the Uniform Code, or are over six feet high above the natural grade; December 6,2006 (7) Construction of temporary motion picture, television and theater stage sets and scenery; ^ ^ (8) Installation of window awnings that do not extend further than foxn feet beyond the exterior face of the exterior wall, measured horizontally, and that are supported by an exterior wall of a one-or two- family dwelling or multiple single-family dwellings (townhouses); (9) Installation of partitions or movable cases less than 5'-9" in height; (10) Painting, wallpapering, tiling, carpeting, or other similar finish work; (11) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (12) Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; and (13) Repairs, provided that such repairs do not involve: (a) The removal or cutting away of a loadbearing wall, ' partition, or portion thereof, or of any structural beam or * load bearing component; (b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) The enlargement, alteration, replacement or relocation of any building system; (d) The removal from service of all or part of a fire protection or fire detection system for any period of time; and (e) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. B. An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, or any successor laws, ordinances, statutes or regulations. ^ December 6,2006 r / s C. Applications for building permits may be obtained jfrom the Code Enforcement Officer. (1) An application for a building permit shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the requirements of the Uniform Code, this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, and other applicable state and local laws, ordinances and regulation. All applications shall include the following information and documentation: (a) A description of the proposed work; (b) The tax map number and the street address; (c) The occupancy classification, as defined by the Uniform Code, of any affected building or structure; (d) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform ^ Code; (e) At least two sets of construction documents (drawings and/or specifications) that define the scope of the proposed work; (f) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; (g) The estimated cost of the proposed work with appropriate substantiation as may be required by the Code Enforcement Officer; (h) The signature of the applicant or authorized agent; (i) The building permit fee as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. (j) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Uniform Code, and other applicable state and local laws, ordinances, and regulations; and December 6,2006 (k) Such other materials, information, or items as may be reasonably required by the Code Enforcement Officer in ^ \ order to determine whether the proposed work will be in ^ compliance with all applicable laws, rules, and regulations, including Chapter 270, Zoning, the Uniform Code, and this chapter. (2) Construction documents shall not be accepted as part of an application for a building permit unless such documents: (a) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (b) Indicate with sufficient clarity and detail the nature and extent of the work proposed; (c) Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code; and (d) Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the structures \ and the lot lines, and any other information required by Article XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca. (3) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. Provisions shall be made for constmction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the Town. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer. D. A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of the Uniform Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. The permit shall require the applicant to notify the Code Enforcement Officer ^ f I > December 6,2006 I / immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement Officer. Such approval may be withheld until sufficient information is provided to the Code Enforcement Officer in form and substance reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed deviation is in compliance with the Uniform Code, Chapter 270, Zoning, this chapter, and all other applicable laws, rules and regulations. F. Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed. G. A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Uniform Code, with Chapter 270, Zoning, with any other law, ^ rule, regulation or ordinance, with any condition attached to such permit, or if information submitted in connection with the application for the permit was incorrect, inaccurate or incomplete. Such suspension or revocation shall be in effect until such time as (1) the permit holder demonstrates to the Code Enforcement Officer's satisfaction that all work completed and all work proposed shall be in compliance with these items and requirements, and (2) in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new building permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that 1) the permit has not been revoked or suspended at the time the application for renewal is made; 2) the relevant information in the application is up-to-date; and 3) a renewal fee is paid as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. At the option of the Code Enforcement Officer, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement Officer may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application. December 6,2006 Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be / ^ issued in the discretion of the Code Enforcement Officer under the , ^ following circumstances and subject to the following limitations: (1) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Code Enforcement Officer plans which, in the Code Enforcement Officer's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Code Enforcement Officer, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Code Enforcement Officer (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such permits as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Code Enforcement Officer may be revoked by the Town Board if, in its discretion, the ^ December 6,2006 t Town Board determines the issuance of the foundation permit was ' ^ inappropriate. (5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foimdation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Code Enforcement Officer if the Code Enforcement Officer in his discretion: (a) Determines that the foimdation will not be adequate to support the balance of the structure; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit. (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable. (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Code Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition \ December 6,2006 it was prior to the commencement of any excavation and construction. ^ ' i (10) The fee for the issuance of a foundation permit shall be as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. § 125-5. Construction inspections. A. Permitted work shall be required to remain accessible and exposed until inspected by the Town or its designee and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer when construction work is ready for inspection. B. Provisions shall be made for inspection of the following elements of the construction process, where applicable: (1) Work site prior to the issuance of a permit; (2) Footing and foundation; (3) Preparation for concrete slab; (4) Framing; , s, (5) Building systems, including underground and rough-in; ' (6) Fire resistant construction; (7) Fire resistant penetrations; (8) Solid fuel burning heating appliances, chimneys, flues or gas vents; (9) Energy code compliance; and (10) A final inspection after all work authorized by the building permit has been completed. C. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code. Construction work not in compliance with Uniform Code provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code, been reinspected, and been found satisfactory as completed. December 6,2006 10 /D. To facilitate such inspection and to insure compliance with appropriate Zoning and Uniform Code requirements, the Code Enforcement Officer may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement Officer may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (3) Certificates from appropriate electrical inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. E. The Code Enforcement Officer or other person designated by the Town Board pursuant to § 125-2 shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Uniform Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last Imown address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer or other person lawfully designated by the Town Board may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued as specified in § 125-4(G). F. The Code Enforcement Officer or other person lawfully designated by the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be xmsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be pumshable as a violation of this chapter. December 6,2006 11 § 125-6. Stop work orders. i A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or State Energy Conservation Construction Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work, or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work, or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the building permit holder, on the building permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. D. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the building permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. t ' I December 6,2006 12 /E Remedy not exclusive. The issuance of a Stop Work Order sh^l not be the exclusive remedy available to address any event descnbed m Subswtion A of this section, and the authority to issue a Stop Work Order stall be in addition to, and not in substitution for or limitation of, the nght and authority to pursue any other remedy or impose any other penaUy rader § 125-13 or other sections of this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pumued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. § 125-7. Certificates of occupancy. A A certificate of occupancy shall be required for all work for which abuilding permit is required to be issued under this chapter, any o^er Code provision, local law, ordinance, rule or regulation of the Tovm of Ithaca, or the Uniform Code or any successor statute or reflation. Further, a certificate of occupancy shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification, as defined by the Uniform Code, to another. The following requirements shall also apply: (1) Except as set forth below in Subsection B, a building or structure for which a building permit is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town oi Ithaca. The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, and flood hazard certifications, prepared at the expense of the applicant in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the Unifonn Code, Chapter 270, Zoning, and other applicable laws, rules and regulations. (2) A certificate of occupancy shall contain the following information, (a) The building permit number, if any; December 6,2006 1 3 (b) The date of issuance of the permit, if any; ^ (c) The name, address and tax map number of the property; (d) If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; (e) The use and occupancy classification of the structure; (f) The type of construction of the structure; (g) The assembly occupant load of the structure, if any; (h) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (i) Any special conditions imposed in cormection with the issuance of the building permit; and (j) The signature of the official issuing the certificate and the date of issuance. ; > (3) The fees for certificates of occupancy are set forth in Chapter 153, Fees, of the Code of the Town of Ithaca. The applicable fee shall be paid before a certificate of occupancy is issued. B. Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed, only if the structure or portions thereof may be occupied safely, any installed fire- and smoke-detecting or fire protection equipment is operational, all required means of egress from the structure have been provided, and the conditions set forth below are met. (1) Before issuing a temporary certificate of occupancy the Code Enforcement Officer must find: (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life, property or the public welfare; and (b) Practical difficulties exist in completing the building, structure or site improvements to the point where the t December 6,2006 14 /^S / building, structure or site improvements would qualify for a permanent certificate of occupancy because of: [ 1 ] Construction delays resulting from: [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials; or [c] Other conditions found by the Code Enforcement Officer to warrant early occupancy; or [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of University-related residents); or [3] Any other reason foimd by the Code Enforcement Officer to be appropriate for the issuance of such ^ , temporary certificate. (2) The granting of a temporary certificate of occupancy is solely within the discretion of the Code Enforcement Officer and no applicant shall have a right to same. (3) In addition to the conditions on such certificates imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such certificates as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the building or structure for which a temporary certificate of occupancy is sou^t will be fully completed and qualify for a permanent certificate of occupancy for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be December 6,2006 15 reasonably necessary or appropriate to protect the public health , and welfare. ^ / (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy inappropriate, the Town Board may overrule the Code Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Code Enforcement Officer, whichever is later. (5) The issuance of a temporary certificate of occupancy does not relieve the applicant ftom folfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy. (6) Issuance of a temporary certificate of occupancy is not to be construed as a determination that a final certificate of occupancy will be automatically issued. (7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy, it may also be revoked by the Code Enforcement Officer at any time under one or more of the following circumstances: / I (a) The Code Enforcement Officer becomes aware of a ' condition which presently endangers, or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate. (b) The Code Enforcement Officer determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy. (c) The Code Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy reasonably inappropriate or inadvisable. (d) The Code Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate. (8) The temporary certificate of occupancy shall be issued for such period as the Code Enforcement Officer may elect, but not in any December 6,2006 16 event to exceed six months, except as provided below. However, ' ^ the Code Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. (9) Discretionary actions. (a) Notwithstanding the foregoing provisions of Subsection B(8) above, however, the Town Board may, after public hearing on at least five days* notice upon the application of the property owner, authorize the Code Enforcement Officer: [1] To issue a temporary certificate of occupancy for a period greater than six months if the Board finds: [a] It is likely the conditions which require the issuance of a temporary certificate of occupancy will extend for a period in excess of six months; and ^ [b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and [c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and [d] The life of the temporary certificate, including any extended period, is not greater than three years; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-7, Subsection B, have been met. [2] To reduce or waive the fee charged for a temporary certificate of occupancy if the Board finds: [a] The fee for the original building permit was sufficiently large to cover the costs to the December 6,2006 1 7 \ / N Town, including Code Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and [b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and [c] The need for the temporary certificate of occupancy was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and [d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above; and I < ^ [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in tWs § 125-7, Subsection B, have been met. (b) The Town Board, in granting an application for a longer temporary certificate of occupancy or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining. (10) A temporary certificate of occupancy can also be granted by the Code Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code Enforcement Officer, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy will not endanger life, health, property, or the public welfare. The issuance of a temporary certificate of occupancy under these circumstances and the right to revoke same are govemed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. , I y December 6,2006 18 ^ > (11) The fee for the issuance of a temporary certificate of occupancy shall be as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. C. A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection hereof by request, determination of compliance and payment of the fees set forth in Chapter 153, Fees, of the Code of the Town of Ithaca. D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. § 125-8. Operating permits. A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed \ below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125-9 below, obtained an operating permit: (1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 10 NYCRR Part 1225). (2) Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fiuit and crop ripening, and waste handling. (3) Use of pyrotechnic devices in assembly occupancies. (4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. (5) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. (6) Multiple residences involving buildings containing three or more dwelling units. December 6,2006 19 (7) Healthcarefacilities where more than 10 people normally sleep ^ \ nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (8) Child and adult day-care centers and facilities as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca. (9) Dormitories providing accommodations for sleeping for hire for more than four people. (10) Motels or hotels providing sleeping accommodations for hire for more than four people. B. Any individual or entity who proposes to undertake the types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer. ' C. The Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. D. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities. E. An operating permit shall be valid for a period of three years from its date of issuance, unless earlier revoked or suspended. F. The operating permit shall be displayed on the property or premises covered by the operating permit. G. Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable , ^ December 6,2006 20 ^ provisions of the Uniform Code, or where there is a violation of applicable ' law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-9. Fire safety and property maintenance inspections. A. The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of areas of public assembly, as defined in the Uniform Code, at least once per year. Such inspections may be made at any reasonable time. B. The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number sleeping accommodations. Such inspections may be made at any reasonable tune. Upon completion of the inspection if the Code Enforcement Officer is / satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8, upon payment of the applicable fees for the inspection and the permit. C. An inspection of a building or dwelling unit may be performed at any other time upon a) a request of the owner or authorized agent; or b) receipt of reasonable and reliable information that a violation of the Uniform Code, this chapter. Chapter 270, Zoning, or other law, rule or regulation exists. D. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection by any federal, state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. December 6,2006 21 § 125-10. Notification regarding fire or expiosion. , The chief of any fire department providing fire fighting services for a property within the Town shall notify the Code Enforcement Officer by the next business day of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. § 125-11. Complaints. A. The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter. Chapter 270, Zoning, of the Code of the Town of Ithaca, the Uniform Code, the New York State Energy Conservation Construction Code, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the New York State Energy Conservation Construction Code. B. The process for responding to a complaint shall include such of the following steps as titie Code Enforcement Officer may deem to be appropriate: (1) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection. (2) If a violation is found to exist, providing the owner of the affected property and any other person or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding as described in § 125-12 (Violations) and § 125-13 (Penalties for offenses) of this chapter. (3) If appropriate, issuing a Stop Work Order. (4) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 125-12. Violations. A. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all provisions of the Uniform Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. December 6,2006 22 B. Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the person or persons responsible. C. Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. D. Violation orders may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. B. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Attorney for the Town of Ithaca. § 125-13. Penalties for offenses. A. Failure to comply with any provision of the Uniform Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injimction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. ( \ December 6,2006 23 § 125-14. Records. . ! 1 The Town Building and Zoning Department and Town Clerk shall keep official r records of all permits, inspection reports, recommendations, complaints, violation orders and fees charged and collected pursuant to this chapter, in compliance with the applicable record retention requirements of the New York State Archives and Records Administration. § 125-15. Removal of dangerous buildings or structures. A. A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment is hereby declared to be a public nuisance. B. Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment, the Code Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building, structure or equipment as may be necessary to remove the danger. C. The Code Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until ' it is made safe. D. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building, structure or equipment, or part thereof. E. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building, structure or equipment, shall be assessed against the land on which such building or structure is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9% per annum from the date of the Town's work shall constitute a lien upon such land. A legal action or proceeding may be brought to collect such costs, expenses, interest and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual costs and expenses incurred and interest accruing as aforesaid, together N December 6,2006 24 / with a statement identifying the property in connection with which the ^ y expenses were incurred, and the owner thereof with the Tompkins County Department of Assessment, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. § 125-16. Variance and review. A. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B. A request for a variance from the provisions of the Uniform Code and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205, or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code or any successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review. Section 2. This local law shall apply to all violations committed on or after the effective date of this law, and to all violations that began before the effective date of this law and continue after the effective date of this law. Violations committed before the effective date of this law that do not continue after the effective date of this law shall be govemed by the provisions of Chapter 125 that were in effect immediately prior to the effective date. Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon filing with the New York Secretary of State. December 6,2006 25 f ] t \ 1 f % December 11, 2006 Town Board Mtg ATTACHMENT jS'S TOWN OF ITHACA ' ^ LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. This local law is adopted pursuant to § 10, Subdivision l(ii)d(3), of the Municipal Home Rule Law of the State of New York. This local law supercedes § 271(15) of the Town Law of the State of New York to the extent this local law is inconsistent with such section. Section 2. Chapter 270, XXVIII, Section 270-236.A(2) of the Town of Ithaca Code, entitled "Planning Board," is amended by deleting subparagraph 2 and adding a new subparagraph 2 reading as follows: "(2)(a) There may be appointed additionally up to two alternate members of the Planning Board. Alternate members shall be appointed by resolution of ^ ^ the Town Board for terms established by the Town Board. f 'I ^ ^ (b) The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in subparagraph b above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 271(15), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3). All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply." Section 3. In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 11/07/06 Section 4« This local law shall take effect upon publication of the local law or an f \ abstract of same in the official newspaper of the Town, or upon its filing with the New I ) York Secretary of State, whichever is the last to occur. ( ^ ( s I ) ( ^ f ) f 1 11/07/06 ft "n A ^ 1 QDecember 11, 2006 Town Board Mtg. D ATTACHMENT #6 r s TOWN OF ITHACA N LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF ZONING BOARD OF APPEALS ALTERNATE MEMBERS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. This local law is adopted pursuant to § 10, Subdivision l(ii)d(3), of the Municipal Home Rule Law of the State of New York. This local law supercedes § 267(11) of the Town Law of the State of New York to the extent this local law is inconsistent with such section. Section 2. Chapter 270, XXVIII, Section 270-235.A of the Town of Ithaca Code, entitled "Zoning Board of Appeals," is amended by deleting subparagraph 2 and adding a new subparagraph 2 reading as follows: "(2)(a) There may be appointed additionally up to two alternate members of the Zoning Board of Appeals. Alternate members shall be appointed by ' ^ resolution of the Town Board for terms established by the Town Board. \ (b) The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an altemate member to substitute for a regular member, the Chairperson shall designate the altemate member who has not served on a case or matter the most recently. If that altemate member is not able or willing to vote for a reason listed in subparagraph b above, then the Chairperson shall designate the other altemate member to serve. (d) To the extent this provision is inconsistent with Town Law § 267 (11), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3). All other rights, responsibilities and procedures related to altemate members set forth in said § 267 shall apply." Section 3. In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 11/07/06 Section 4. This local law shall take effect upon publication of the local law or an f \ abstract of same in the official newspaper of the Town, or upon its filing with the New j ) York Secretary of State, whichever is the last to occur. ( V { s ( ) I i ( \ I ) ( ) 11/07/06 December 11, 2006 Town Board Mtg.ATTACHMENT §7 TOWN OF ITHACA 215 N. Tioga Street, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 PUBLIC WORKS (Roads, Parks. Trails, Water & Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 TO: FROM: DATE: RE: Town of Ithaca Town Board Nicole Tedesco, Planner© December 1,2006 Setting a Town Board Public Hearing on the Draft Transportation Plan; Summary of Comments from First Public Hearing and Other Submissions to Date, Tentative Changes to the Draft Transportation Plan to Date This memo outlines three topics: setting a Town Board public hearing on the Draft Transportation Plan and an outline of the rest of the adoption process, a summary of the comments on the Plan already received, and an outline of the tentative changes made to the Plan since the October 5^ Town Board meeting when the Plan was first presented to the Board. Setting a Second Public Hearing & Remaining Adoption Process At the October 5^^^ Town Board meeting, the Board referred the Transportation Plan to the Town Planning Board for their recommendation. On October 17^, the Planning Board heard a brief introductory presentation on the Transportation Plan and set the first Public Hearing for the Plan for November 21=^. At the November 21^^ meeting, several members of the public spoke. Then, the Planning Board recommended that the Town Board adopt the Transportation Plan after incorporation of comments from stakeholders and that the Town Board amend the Comprehensive Plan to include the Transportation Plan as an element of it. (The Planning Board's resolution is enclosed with this memorandum.) At this point, the Transportation Committee hopes that the Town Board will set a Public Hearing on the Transportation Plan for some time in January. At that meeting, the Town Board would hear from members of the public and likely would make a determination on the significance of potential environmental impacts as a consequence of adoption of the Transportation Plan (SEQR review). During January, comments from stakeholders, including the Planning Board, Town Board, Conservation Board, adjoining municipalities, and members of the public will be considered for incorporation into the Plan. Hopefully the Town Board would then consider adoption of the Plan in February. ^ s Summary of Comments Received ^ ( \ As previously mentioned, the Planning Board held the first Public Hearing on the Plan on November The following Is a summary of the comments received at that meeting in order of the statements at the meeting. The draft minutes from the meeting are enclosed with this memo. • Transit is the major alternative to private vehicles, not walking and biking. The Plan should discuss how the Town should consider funding requests from TCAT. In addition, safety is a major issue, and deer cause many accidents. Overall, it seems that the Plan deals too much with recreation and not enough with transportation. • In the future, the construction of sidewalks and curbing could be leveraged on subdivision approval, because it is a problem to retrofit sidewalks into existing developments. When siting future Park- and-Rides, the Town should consider locations where there are already informal Park-and-Rides. Finally, the Town should cooperate with Cornell in building walkways in areas where the University is developing. • Truck traffic on Rt. 89 is a serious problem for people who live on the road. It is dangerous for people trying to pull out of their driveways. Also, Rt. 89 is signed as a bike route, but the truck traffic is dangerous for bicyclists on the road. Furthermore, Rt. 89 is a scenic byway. Truck traffic should be routes onto Rt. 96. • Trucks are never stopped for speeding. The speed limit should be strictly enforced. Also, the Town shouldn't use eminent domain in the future to take over people's land for trails. ^ \ • There are major throughfares everywhere In the Town, so the truck problem isn't only on Rt. 89. Also, it's not only a Town issue. It also involves areas like the City, Lansing, and Forest Home. f > • The Forest Home Improvement Association strongly endorses the Town of Ithaca's emphasis on preserving and enhancing the livability of neighborhoods and encouraging biking, walking, and public transportation. We appreciate that the Plan addresses our community's need for traffic calming and pedestrian improvements. • The Plan doesn't go far enough. The Environment section is the weakest, because it has some really good arguments, but then in the Identification of Needs section, it just says "improve alternatives to low occupancy motor vehicles." Also, the Transportation Plan falls short of what the Comprehensive Plan had envisioned. For example. Attachment D, which deals with the Comprehensive Plan, references sections of the Plan that do not exist [note: titles of sections and page numbers have not been finalized yet]. If some of the things in the Comprehensive Plan are no longer Town priorities, then the Transportation Plan should come out and say that. • East King Road Is a busy road, and South Hill is growing. Sidewalks are valuable and add to the quality of life in an area. Perhaps the Town could assess the sidewalk cost highest on people who live adjacent to it, and then a little less for people who are close but not adjacent, and so on. • There is a small stretch of Rt. 79 (Mecklenburg Rd.) where the speed limit is 55 mph but there is a dashed yellow line that allows passing. The speed limit there needs to be reduced before bicycle or pedestrian improvements can be done there. In addition to the comments received at the first Public Hearing, I also received comments from James Hamilton, the Chair of the Town of Ithaca Conservation Board; Kent Johnson, Chair of the City of Ithaca f \ Bicycle and Pedestrian Advisory Committee (BPAC), as well as other members of BPAC; additional \ \ , comments from Mr. Bruce Brittain, a resident of Forest Home; and an email message from Don Smith , 1 summarizing the Rt. 89 truck traffic issues. Furthermore. I plan to appear before the City of Ithaca Planning Board in mid-December to give a brief presentation on the contents of the Plan and to accept any input they may have on the subject. I have also volunteered to present the Transportation Plan to the Town Agricultural Committee. Summan/ of Tentative Changes to the Transportation Plan Since I last met with the Board on October 5"^, I have continued to improve and expand sections of the Transportation Plan to include the most recent data. The modifications do not change the Plan substantially, but I would like to make the Board aware of the changes as the approval process progresses. The most significant change is that the former Appendix VII, The Design Guidelines, has been extracted into its own volume. Thus, there are three volumes of the most recent drafts of the Plan: The Plan, The Appendices, and The Design Guidelines. The general structure of the Design Guidelines (Streetscape, Bicycle and Pedestrian, and Traffic Calming Toolboxes) remains the same. Remember that you can see the most updated version of the Plan at httD://www.town.ithaca.nv.us/trans. The remainder of this memo outlines other tentative updates. ; s > 1. Added Safe Routes to School Recommendation to the Recommendations section of Volume I: The \ Plan. Recommendation 3.F.2 states, "The Safe Routes to School (SR2S) movement is working to ensure that every child has the opportunity to enjoy active transportation to and from school. SR2S can include programs to encourage children to walk or bike to and from school or a school bus stop. Other programs organize a "walking school bus," where parents lead groups of children on a walk to school. SR2S programs can also include building and maintaining a network of sidewalks and crosswalks. Significant amounts of funding are available through the federal and state governments to design and implement SR2S programs. The Town should work with school officials, parents' associations, and other stakeholders to explore how the SR2S concept could work for Town of Ithaca elementary and middle schools. {Goals II, III, V; as feasible; medium priority) 2. Added Shared Services Recommendation to the Recommendations section of Volume I: The Plan. Recommendation 5.H states, "The Town should continue to identify opportunities to share responsibility for services, facilities, equipment, labor, and expertise with the City of Ithaca, Tompkins County, New York State Department of Transportation, Cornell University, law enforcement agencies, and other entities responsible for the ownership and maintenance of the transportation network. (Goals I, III, IV, V; ongoing)" 3. Recommendation Seven was slightly reorganized and a draft Site Plan Checklist was added. The new introductory paragraph to the Recommendation is the following: This Plan has drawn the connection between land use, zoning, and the design of the road network and the transportation system. Historically, transit, bicycle, and pedestrian transportation have been an afterthought in the development process. The study of the transportation effects of single proposals is often considered in isolation of the greater transportation network. This Plan calls for changes to ensure that the cumulative negative S effects of development on the transportation network, including on adjacent land uses, are ^ minimized. The Plan recommends that bicycle, pedestrian, and transit opportunities are considered in relation to every development proposal. Also, the Town should work to ensure that the transportation system is able to accommodate proposed development, and that appropriate mitigating measures are addressed during the development review process. The Town should alter subdivision and zoning regulations to lessen dependence on the privately owned and operated motor vehicle and to lessen the strain on the motorized transportation network. Furthermore, the Town should support the findings of ITCTC's LRTP and the County's Comprehensive Plan, that is, to encourage node-based and transit-oriented development. (All Goals; ongoing) In addition, the "Other Site Plan Considerations" section of Recommendation 7.C was consolidated with information covered in Volume III: The Design Guidelines into a Site Plan Checklist. This checklist summarizes bicycle and pedestrian issues that should be considered during the site plan review and subdivision approval processes. The checklist is meant to be used by the Planning Department and Planning Board as a supplement to the existing Site Plan and Subdivision Checklists. The draft checklist is included with this memo. 4. Expanded Context Sensitive Design section of Volume III: The Design Guideiines. The heading on page 3 of Volume III: The Design Guidelines now states, "CSD incorporates iocai experience into the design of new roads by using designs and dimensions that are consistent with area roads that are ^ ^ safe and "fit" their surroundings. For example, when reconstructing a roadway, context sensitive ^ designs reflect local conditions to serve all roadway users (including bicyclists and pedestrians), ^ ^ instead of blindly applying standards without regard for the unique situation of the roadway. Instead of limiting reconstruction work to the travel lanes, context sensitive design considers ways to beautify the streetscape, to restore the roadway to a human scale, and to improve the character and livability of the neighborhoods through which the road passes. Finally, context sensitive design incorporates local experience into roadway design to address safety concerns by mirroring other local roads that have good safety records and that foster vibrant communities. 5. Made a few minor changes in the Forest Home neighborhood on the "Prioritized Pedestrian Corridor Needs Map," Map 13 in Volume II: The Appendices. The updates were made based on a walkway improvement on Judd Falls Road and a clarification of the information in the draft Forest Home Traffic Calming Plan. 6. Added footnotes to Fisher Associate's memorandum in Appendix IV of Volume II: The Appendices. For example, after Fisher Associates* analysis, the intersection of Spencer Street and Stone Quarry Road was reconstructed into the area's first roundabout. This has been noted in a footnote, as it eliminates the issue of vehicles crossing the centerline during a turn that was present in the old intersection's alignment. In two other cases. Fisher Associates recommended potential changes that would not be in character with the existing neighborhood. Footnotes identify those recommendations and note the problems that could potentially be caused by such a change. 7. Added Acknowledgements section at the beginning of Volume I: The Plan. The Acknowledgements page notes the various individuals and groups that have been instrumental to the development of the s 4 ^ ^ Transportation Plan, Including present and former Transportation Committee members, the Town ^ Board, the Planning Board, and others. 8. Corrected the speed limit data for Pleasant Grove Road and Caldwell Road, which appears in the Speed Data section of the Inventory and Analysis of Volume I: The Plan, as well as Table A-13 of Volume II: The Appendices. 9. After a field visit, updated and clarified shoulder descriptions for Pine Tree Road, Warren Road, and Honness Lane in the Crash Screenings (Appendix IV, Volume II), the New Understanding of Roads Section (concluding section of Inventory and Analysis, Volume I), and the Prioritizing Bicycle and Pedestrian Improvements section (Appendix VI, Volume II). 10. Mentioned other modes of long distance travel to the Air Travel section of the Inventory and Analysis section {Volume I), which has been re-titled "Passenger Air and Rail Travel." The introduction to the section states, "Currently, there is no passenger rail travel in Tompkins County. The closest Amtrak station is in Syracuse." The conclusion and recognition of limitations section states, "The Town also supports efforts to connect the Ithaca area to other regional urban centers, such as Syracuse, Binghamton, Rochester, Albany, and New York City, via other modes, such as bus or passenger train." 11. The Overlook development on Route 96 (Trumansburg Road) is mentioned as a major pedestrian and ^ bicyclist generator in the Prioritized Bicycle and Pedestrian Corridor Needs Section of Appendix VI, / ^ Volume II. This section now states, "A pedestrian corridor will connect the hospital, senior housing/ ^ nursing care, medium density residential development, and the Overlook development to City of Ithaca sidewalks. This corridor is served by transit. This is included in the upper tier on the recommendation of the Town Board because of the existing development (such as the Overlook residential development) and the potential for further development on Trumansburg Road." Furthermore, "This corridor is a major commuter route with an existing major residential development (the Overlook development) and anticipated residential and commercial development in the future.... The segment from the City to Cayuga Medical Center is rated as a higher priority than the segment north of the Medical Center because of development density and the location of destinations (such as the Museum of the Earth, the Paleontological Research Center (PRI), the Finger Lakes School of Massage, the medical center, the Overlook residential development, and so on)." 12. Expanded Information about bicycle parking in Volume III: The Design Guidelines. This information includes diagrams of the types of bicycle racks generally preferred by the bicycling community and the correct way to site, space, and install the racks. 13. The "Suburban Forms" section of the "Streetscape Design Guidelines" of Volume III: The Design Guidelines was expanded with better organization. The section on "Adjacent Site Structures" now includes a narrative on the best practices that promote walking and biking on the site of a development and between development sites. Also, the "Parking" section was expanded with additional information on how parking lots should be more environmentally-friendly and safer for ^ ^ pedestrians. f \ 14. Updated and clarified some of the dimensions in the sample streetscapes. In a few of the diagrams N in the "Streetscape Design Guidelines" of Volume ill: The Design Guidelines, the sample measurements were not consistent with the concepts explained in the text. The measurements were updated to match the text. 15. Updated and clarified the "How to Select a Bicycle or Pedestrian Facility" section of the "Bicycle and Pedestrian Design" toolbox of Volume III: The Design Guidelines. Various sections of the Transportation Plan Include Information about how to Identify locations In need of bicycle and pedestrian facilities and which types of facilities are appropriate for which situations. The purpose of the "How to Select a Bicycle or Pedestrian Facility" section was to summarize and synthesize the Information from the aforementioned sections, but significant inconsistencies between the sections clouded the meaning of the summary. Therefore, the summary "How to Select a Bicycle or Pedestrian Facility" section was revised to reflect the Information In other sections of the Plan and was expanded to Include more detailed Information about which situations call for what types of facilities. The revised section Is enclosed with this memorandum for your review. 16. Updated TCAT route information in the "Transit and Paratransit" section of the Inventory and Analysis In Volume I: The Plan to Include the latest route changes. 17. Problem locations Identified throughout the "Inventory and Analysis" and summarized In "The Alternatives Chapter" of Volume I: The Plan were added to the "New Understanding of the Road ^ ^ Network in the Town of Ithaca" section at the end of the "inventory and Analysis Chapter." This gives ^ n, a complete picture of the physical characteristics of a roadway, the land uses adjacent to the roadway and the degree of conflict between adjacent lands and the roadway, and problems with the roadway corridor (such as congestion, speeding, crashes, or lack of bicycle and pedestrian Infrastructure) Identified throughout the "Inventory and Analysis." This section now offers a complete snapshot of the characteristics of a road corridor. In conclusion, these changes either clarify or expand upon existing information In the Transportation Plan. The general content and conclusions of the Transportation Plan remain unchanged. If you would like to see how these changes were Implemented, you can download the latest version of the Transportation Plan from http://www.town.lthaca.ny.us/trans, or contact me and I will provide the relevant sections In hard copy to you. If you have questions or comments about any of these changes or about the Transportation Plan in general, please do not hesitate to contact me at (607)273-1747 or via email at ntedesco@town.lthaca.ny.us. Nicole Tedesco Enc. f The following is Attachment G at the end of the Recommendations in Voiume i: The Plan. DRAFT SITE PLAN REVIEW TRANSPORTATION CHECKLIST Site Layout As far as possible and where appropriate, are buildings oriented toward the street? Are access points (driveways) to the site consolidated and minimized? Are buildings on the site clustered, to encourage people to walk between buildings, instead of moving their cars? Motor Vehicle Parking is motor vehicie parking at the side or rear of the site? Is the parking lot size minimized as far as possible? Is there ample landscaping, especiaily shade trees, throughout the parking lot? Are parking lot lights numerous, set close to the ground, and adequately shielded to prevent glare and light trespass? Is it possible to use a surface more pervious than asphalt? Bicycle Parking Are there a sufficient number of bicycle parking spaces? Is the proposed type of rack adequate? Will the racks be located close to the entrance of the building that they will serve? Does the site plan show that the racks will be installed correctly (according to the information in Volume III. The Design Guidelines of the Town of Ithaca Transportation Plan)? Pedestrian Circulation & Accessibility Are the pedestrian paths through the parking lot continuous, delineated, and clearly visible to motorists and pedestrians? Does the site plan meet ADA guidelines, where possible? Do paths lead directly between parking lots to building entrances, building entrances on the site to other building entrances on the site, and building entrances on the site to other locations on adjacent sites? Are walkways, sidewalks, or on-site paths designed correctly? Problems to avoid include: If present, does the walkway have five feet of clear space, without utility poles, signs, maiiooxes, eic in the middle of it? If present, are the walkways free of barriers, such as fences or landscaping)? If there is underground drainage, are the inlets flush against the curb, instead of a grate in the bicyclists' path? is the bicyclists' path free of manholes?? Site Amenities / \ Is the site constructed at a human scale (are signs small, are light poles low to the ground, is the building facade visually interesting without long, blank, windowless stretches of wail)? Where possible and appropriate, does the site plan create outdoor rooms or memorable public spaces, with benches, fountains, landscaping, tree canopies, public art, and other enhancements? /The following is the revised text for the iast section of "Bicycie and Pedestrian Design: Best Practices ^ ^ Toolbox" In Volume III: The Design Guideiines.1. / \ How to Select a Bicycle or Pedestrian Facility The "Prioritized Pedestrian Corridor Needs Map" and the "Prioritized Bicycle Corridor Needs Map" in Appendix I show locations identified as needing bicycle and/or pedestrian improvements. The following outline lists situations where each type of bicycle or pedestrian facility can be appropriate. Shared Lanes Shared lanes between pedestrians, bicyclists, and motor vehicles is appropriate in the following cases: • Low volume, low speed cul-de-sacs in residential areas; • Other low volume, low speed roadways, when provision of a sidewalk or walkway would not improve pedestrian safety or improve the pedestrian environment. Shoulders Considerations that indicate the need for paved shoulders include: • Higher density or intensity of non-residential land use (in particular, neighborhood commercial, community commercial, or office park commercial zones); • Within V2 mile of a school or university, commercial center, employment center, major transit stop, parks or other recreational facilities (like playgrounds), places of worship, post offices, municipal buildings or community centers, restaurants or other locations that would generate pedestrian or bicycle traffic; • Moderate to high volumes (greater than approximately 1,000 ADT); • High 85^1 percentile speeds OR moderate 85^^ percentile coupled with high volumes. Considerations that counter-indicate need for paved road shoulders include: • With reasonable effort, the design, construction, and maintenance of the sidewalk or walkway cannot mitigate detrimental effects on environmental resources, including natural, historic, and scenic resources; • An existing or planned off-road, multi-use path offers a more direct or safer route than a sidewalk or walkway adjacent to a road; • In general, residential streets in suburban areas do not need shoulders (paved or otherwise), in particular, areas with concrete gutters and/ or curbing, unless the considerations listed above indicate otherwise. In particular, low-volume residential streets with low posted speed limits do not need paved shoulders. In addition, the unnecessary increased roadway width increases pedestrian crossing time and can potentially lead to increased motor vehicle speeds. Sidewalks/ Walkways Considerations that indicate the need for a sidewalk or walkway include: 8 N N f ( \ • Higher density or intensity of land use (medium and high density residential, neighborhood/ office park commercial, etc); • Located along the route of a busi; • Within V2 mile of an elementary school, assisted living facility, or employmenV activity center for the disabled; • Within Vi mile of other pedestrian generators (like middle schools, high schools or universities, commercial centers, employment centers, major transit stops, parks or other recreational facilities (like playgrounds), places of worship, post offices, municipal buildings or community centers, restaurants, or other locations that would generate pedestrian traffic); • High 85th percentile speed; speed limit greater than 25 mph; • Roadway of high volume and classification (arterials or collectors; > 4,000 vpd); • Links into existing or planned pedestrian network (as shown in the Park, Recreation, and Open Space Plan)', • Current infrastructure is insufficient: a paved shoulder less than four feet wide, or a deteriorated pavement or gravel shoulder less than five feet wide. Considerations that counter-indicate sidewalk or walkway provision include: • With reasonable effort, the design, construction, and maintenance of the sidewalk or walkway cannot mitigate detrimental effects on environmental resources, including natural, historic, and scenic resources; • Adjacent land use is rural; improved shoulders are a better investment; • An existing or planned off-road, multi-use path offers a more direct or safer route than a sidewalk or walkway adjacent to a road. When the considerations that indicate need outweigh the considerations that counter-indicate need, a sidewalk or walkway is warranted. The magnitude of the balance between the two determines the relative priority of the segments. Multi-Use Path The following are considerations that indicate the need for an off-road trail or multi-use path: • Connectivity along the roadway is not possible (for example, to connect the end of a cul-de-sac with a neighboring roadway); • An off-road, multi-use trail would offer a more direct or safer route than a facility along the roadway corridor; • An expansion of the roadway corridor itself would harm the natural, historic, or cultural significance of an area; • The trail is likely to capture recreational, as well as transportation, users. ^ ^ "Location along a bus route" Is more accurate than "location within V2 mile of a bus stop" because TOAT allows riders to / ^ "flag" the bus for pick-up at locations other than a stop. Thus, pedestrians/ commuters can potentially wait along the length of the bus route. "Location along a bus route" is more logical than "within V2 mile of a bus route" because the latter is an ^ ^ unreasonably large buffer that includes all of the roads within V2 mile of the bus route. December 11, 2006 Town Board Mtg.ATTACHMENT #8 AGENDA ITEM NOS. 13 thru 16 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 /■ s FROM: TO: DATE: RE: Dan Walker, Director of Engineering Town Board December 5,2006 Revision of Town Code to comply with New Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) The NY Department of State has repealed Part 1203, Administration and Enforcement of theUniform Code that was adopted in 1985 and has adopted a new Part 1203 that is effective onJanuary 1, 2007. The new Part 1203 is more restrictive in some areas than the current Town of Ithaca Code section 125 and has required a revision of Section 125 to maintain the Town compliance with the NYCRR. Because of cross references related to building permits and other matters covered in Chapter125, ChaptersQ, 153 and 270 of the Town of Ithaca Code also have required changes to stay in conformance. These modifications have been prepared as Local Laws by Attorney for the Town Susan Brock. B:\TB\chapter 125 revision memo 12-11-2006 TB.doc DWalkerAD Page 1 12/6/2006 AGENDA ITEM NO. 13 This red-lined version shows proposed changes to Chapter 125, New language is underlined; deleted language is struck-through, CHAPTER 125: BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-1. Scope. This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "BaildmeUniform Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. § 125-2. Administration. The Code Enforcement Officers Building Inspector and Zoning Enforcement Officer (liermnnfter "Building InGpoctor"! io are hereby designated to administer and enforce the Building Uniform Code within the Town of Ithaca. In the ovont the Building Inopoctor is not available, the AoDiptant Building Inspector and Zoning Enforcement Officer, the Towti Super^dsor of the Town of Ithaca or the Deputy Town Suporvisor lo autlionzed to f ^ administer and enforce tho Building Code and to ioDuo pemiito, cortificatoo, and other nntificatinnn thereunder. The Town Board mav also designate bv resolution otlier individuals or entities to administer and enforce the Uniform Code, provided that such individuals and entities shall not have the power to issue building permits, certificates, orders and appearance tickets unless thev are public officers. Anv individuals or entities designated bv the Town Board to administer and enforce the Uniform Code shall have qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code Enforcement Personnel in the State of New Yorkl. as amended, or anv successor regulation. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Building Uniform Code. Such rules and regulations shall not conflict with the UnifomiBtiMng Code, this chapter, or any other provision of law. B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4. Building permits. A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221. Signs, of the Code of the Town of ItliacaV nor install heating equipment, nor undertake anv other work which must conform to the Uniform Code, without having applied for and obtained a building permit from the Building Inspector_a^Code Enforcement Officer. Notwithstanding the foregoing, Nno building permit shall be required for: undor thooo circumotanoes oot forth in Chapter 270, of the Code of the Town of Ithaca (hereinafter referred to as the "Zoning Ordinance") under which no permit lo required: (N Construction or installation of a one-storv accessory building in an agricultiu'al or residential district associated with one- or two-familv dwellings or multiple single-family dwellings (townhousesk provided that such building: (a") Is used for a tool or storage shed, playhouse or other similar use; (h) Costs less than $3.000: (c^ Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet: fd't Does not involve the installation or extension of electrical, plumbing, or heating systems: and Ce^ Does not include the installation of solid fuel burning heating appliances and associated chimneys and flues. f ^ (2) Construction of parking spaces for one- or two-familv dwellings or multiple single-family dwellings (townhousesk (3^ Installation of swings and otlier playground equipment associated with a one- or two-familv dwelling or multiple single-family dwellings (townhouses); r4') Installation of swimming pools associated with a one- or two-familv dwelling or multiple single-family dwellings (townhouses') where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (5^ Installation offences which are not part of an enclosure surroimding a swimming pool and which are not over six feet high above the natural grade; (6^ Construction of retaining walls, unless such walls support a siucharge, impound Class I. II or IIIA liquids as defined in the Uniform Code, or are over six feet high above the natural grade: (7) Construction of temporary motion picture, television and theater stage sets and scenery:' I ^ (8") Installation of window awnings that do not extend further than four feet bevond the exterior face of the exterior wall, measured horizontally, and that are supported bv an exterior wall of a one-or two- family dwelling or multiple single-family dwellings rtownhouses"); (9^ Installation of partitions or movable cases less than 5'-9" in height: riQ^ Painting, wallpapering, tiling, carpeting, or other similar finish work; rin Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (\2) Replacement of anv eauinment provided the replacement does not alter the equipment's listing or render it inconsistent with the eauipment's original specifications; and ri3) Repairs, provided that such repairs do not involve: (a'l The removal or cutting awav of a loadbearing wall, partition, or portion thereof, or of anv structural beam or load bearing component: rb^ The removal or change of anv required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c^ The enlargement, alteration, replacement or relocation of anv building system; (d^ The removal from service of all or part of a fire protection or fire detection system for anv period of time: and (e^ In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. B. An exemption from the requirement to obtain a permit shall not be deemed an autliorization for work to be performed in violation of the Uniform Code and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, or anv successor laws, ordinances, statutes or regulations. CB. Applications for building permits may be obtained from the Code Enforcement OfficerBuilding Inspector. (1) A completed application muot bo dolivorod to the Buildmg Inspoctor and must include: (1) An application for a building permit shall include such information as the Code Enforcement Officer deems sufficient to permit a determination bv tlie Code Enforcement Officer tliat tlie intended work complies with the requirements of the Uniform Code, this chapter. Chapter 270. Zoning^ of tlie Code of the Town of Ithaca, and other applicable state and local laws, ordinances and regulation. All applications shall include the following information and documentation: Ta") A description of the proposed work; rb) The tax map number and the street address: The occupancy classification, as defined bv the Uniform Code, of any affected(cl builduig or structure: (d^ Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code: Te^ At least two sets of construction documents (drawings and/or specifications') that define the scone of the proposed work: (f) Tlie full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; Tg") The estimated cost of the proposed work with appropriate substantiation as may be required bv the Code Enforcement Officer; (Ti't The signature of the applicant or authorized agent: ri) The building permit fee as specified in Chapter 153. Fees, of the Code of the Town of Ithaca. ri) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Uniform Code, and other applicable state and local laws, ordinances. and regulations: and (k^ Such other materials, information, or items as may be reasonably required bv the Code Enforcement Officer in order to determine whether the proposed work will be in compliance with all applicable laws, rules, and regulations, including Chapter 270. Zoning, the Uniform Code, and this chapter. (2) Construction documents shall not be accepted as part of an application for a building permit unless such documents: (a'l Are prepared by a New York State registered architect or licensed professional engineer where so required bv the Education Law: rb^ Indicate with sufficient clarity and detail the nature and extent of the work proposed: f ^ 4 (c^ Substantiate that the proposed work will comply with the Uniform Code and ^ the State Energy Conservation Construction Code: and (d^ Where applicable, include a site plan that shows anv existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the structures and the lot lines, and anv other information required by Article XXIII of Chapter 270. Zoning, of the Code of the Tovm of Ithaca. Applications for a building permit or for an amendment thereto shall be examined to ascertain v^hether the proposed construction is in substantial conformance with the requirements of the Uniform Code. Chanter 270. Zoning, and any other applicable laws, mles or regulations. Provisions shall be made for construction documents accepted as part of a pennit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the Tovyn. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer. f- \ _(a) The signaturo of the applicant or authorized agent: .(b) A description of the site on which the propoood work io to bo done; (c) A otatomont of tho use or occupancy of all parts of the land and of the proposed building or Dtructure; (d) A brief dGocription of tho proposed work; (e) The estimated coot of the proposed work with appropriate substantiation as may be required by tho Building Inspector; (f) The full name and address of the owner and applicant and, if oither be a corporation, the names and addresses of responsible officers; (g) A set of plans and specifications for tho propoood work; (h) A site plan showing the location of the proposed work on the site and showing tho proport)^ lines of tho site; (i) The building permit foo as spocifiod in any applicablo To^vn of Ithaca local law, ordinance, rule or resolution. (j) A otatomont that tho work shall be performed in compliance with Chapter 270, Zoning, tho Building Code, and other applicablo state and local laws, ordinances, and regulations; (k) Such otlier materials, information, or itoms as may be roaoonably required by the Building Inspector in ordor to dotormino whothor tho propoood work will be in complianco with all applicable laws, rules, regulations, including Chapter 270, Zoning, the Building Code, and thio chapter. (2) Tho Building Inspector may waive the roquiroment of plans and opocificationG and may waivo suoh of tho othor roquircmonto in thooo ciroumotancoo where tho work to bo done involves minor alterations or where such roquired information io not otherwise C. At tho option of the Building Inopootor the Building Inopoctor may roquiro that the plans and specifications be accompanied by a certification from a registered architect or licensed professional engineer of this state tliat such plans and specifications comply wth the applicable provisions of die Building Code and all local ordinances and requirements. D. A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of tlie Uniform Code. Chapter 270. Zoning, and any other applicable laws, rules or regulations. The authority conferred bv such perrmt may be limited bv conditions, if any, contained therein. The permit shall require the applicant sbaH-to notify the Code Enforcement OfficerBuilding Inopoctor immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction. A permit will bo ioouod whon tho application has boen doterminod to be complete and when the proposed work io determined to conform to the roquiremonto of tho Building Codo, Chapter 270, Zoning, and any other applioablo laws, rules or regulations. Tho authority conferred by such permit may bo limited by conditions, if any, contained therein. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement OfficerBuilding Inspector. Such approval may be withheld xmtil sufficient information is provided to the Code Enforcement OfficerBuilding Inspector in form and substance reasonably satisfactory to the Code Enforcement OfficerBuilding Inspector to demonstrate that the proposed deviation is in compliance with the UniformBuilding Code, Chapter 270, Zoning, this chapter, and all other applicable laws, rules and regulations. F. Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed.A building permit, when issued, shall bo prominontly displayed on the proport}^ or promises to which it pertains. G. A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer Building Inspector or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the UmfonnBtiMng Code, with Chapter 270, Zoning, with any other law, rule, regulation or ordinance, ei^with any condition attached to such permit, or if thoro has been a^ misreprggpntn^^^^" fnlr.ifir.ntinn of a material fact-information submitted_iri connection with the application for the permit was incorrect inaccurate or incomplete. .Such suspension or revocation shall be in effect until such time as (1) the permit holder demonstrates to the Code Enforcement Officer's satisfaction that all work completed and all work proposed shall be in compliance with these items and requirements, and (2) in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new building permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that 1) the permit has not been revoked or suspended at the time the application for renewal is made; 2) the relevant information in the application is up-to- date; and 3) a renewal fee is paid as specified in Chapter 153. Fees, of the Code of the Town of Ithaca.any applicable Town of Ithaca local law, ordmance, rule or resolution. At the option of the Code Enforcement OfficerBuilding Inopoctor, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement OfficerBuilding Inspector may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the lengA of time it would be reasonably anticipated to complete the work set forth in the application. I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Code Enforcement OfficerBuilding Inopoctor under the following circumstances and subject to the following limitations: f \ (1) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Code Enforcement OfficerBuildinfi Inspector plans which, in the Code Enforcement Officer^ sBuilding Inopector's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Code Enforcement OfFicerPuilding Inspoctor, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foimdation permit is established to the satisfaction of the Code Enforcement OfficerBuilding Inspector (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer Building Inopector and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer Building Inopoctor may impose such conditions on the issuance of such permits as the Code Enforcement OfficerBuilding Inopoctor may reasonably require to protect the health, safety and welfare of the publiC;, including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Code Enforcement OfficerBuilding Inopoctor may be revoked by the Town Board if, in its discretion, the Town Board determines the issuance of the foundation permit was inappropriate. (5) Issuance of a foundation permit does not relieve the applicant fi:om fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Building InspectorCode Enforcement Officer if the Buildinp InGpoctorCode Enforcement Officer in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit. (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable. - \ < ^ (e) Determines the existence of any other circumstance which reasonably requires ^ ttie revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Ruilding InspectorCode Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction. (10) The fee for the issuance of a foundation permit shall be as specified in Chanter 153. Fees, of the Code of the Town of Ithaca.any applicablo Toto of Ithaca local law, ordinance, rulo or resolution. § 125-5. Construction inspections. ^ ^ A. Work for which a building permit has been issued ohall bo inopGcted for approval by the Building Inopoctor prior to encloping or covering any portion thoroof and upon completion of each otago of conotruction, including but not limitod to building location, site preparation, excavation, foundation, fi-aming, Guporotructuro, oloctrical, plumbing, heating, air conditioning, fire protection and detection oyotems and exit features. It shall be the responoibility of the owner, applicant, or his agent, to inform the appropriate inspector that the work is ready for inopeotion and to schedule such inspection. Permitted work shall be required to remain accessible and exposed until inspected bv the Town or its designee and accented bv the Code Enforcement Officer. Permit holders shall be required to notifV the Code Enforcement Officer when construction work is readv for inspection. B. Provisions shall be made for inspection of the following elements of the construction process, where applicable: (I) Work site prior to the issuance of a pemiit: (21 Footing and foundation: (3^ Preparation for concrete slab: (4^ Framing: (5) Building systems, including underground and rough-in: (6) Fire resistant construction: (1^ Fire resistant penetrations: (8) Solid fuel burning heating appliances, chimneys, flues or gas vents: (9) Energy code compliance: and nO^ A final inspection after all work authorized bv the building permit has been completed. C. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code. Construction work not in compliance with Uniform Code provisions shall be required to remain exposed until it has been brought into compliance with the Unifoim Code, been reinspected. and been foimd satisfactory as completed. D. To facilitate such inspection and to insure compliance with appropriate Zoning and Building Uniform Code requirements, the Code Enforcement OfficerBuilding Inspector may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications firom an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement OfficerBuilding Inspector may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (3) Certificates firom appropriate electrical inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. EB. The Code Enforcement OfficerBuilding Inspector or hio dooignee other person designated bv the Town Board pursuant to $ 125-2 shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Building Uniform Code. Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered or certified mail sent to the 10 , address set forth in the application for any permit submitted to the Town of Ithaca or to ^ the owner's or agent's last known address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement OfficerBuilding Inspector or bin donignee other person lawtully flesipnated bv the Town Board may revoke the building permit for such constmction and no further construction shall occur until a new permit has been issued as specified in $ 125-4.G. FG. The Code Enforcement Officer Duilding Inapoctor or hio dosignee other person lawfully designated bv the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. S 125-6. Stop work orders. A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: rO Any work that is determined bv the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or State Energy Conservation Construction Code, without resai'd to whether such work is or is not work for which a building nennit is required, and without regard to whether a building permit has or has not been issued for such work, or (2^ Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work, or (3^ Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid. has expired, or has been suspended or revoked. B. Content of Stop Work Orders. Stop Work Orders shall (D be in writing. (2^ be dated and signed bv the Code Enforcement Officer. (3^) state the reason or reasons for issuance, and (4^ if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. Seryice of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the building permit holder, on the building permit holder) personally or 11 bv certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on anv builder, architect. tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in work affected bv the Stop Work Order, nersonallv or bv certified mail: provided, however, that failure to serve anv person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. D. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the building permit holder and anv other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. E. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address anv event described in Subsection A of this section, and the authority to issue a Stop Work Order shall be in addition to. and not in substitution for or limitation of. the right and authority to pursue anv other remedy or impose anv other penalty under S 125-13 or other sections of this chapter or under anv other applicable local law or State law. Anv such other remedy or penalty may be pursued at anv time. yyhether prior to. at tlie time of. or after the issuance of a Stop Work Order. f § 125-74. Certificates of occupancy. A. A certificate of occupancy shall be required for all work for which a building permit is required to be issued under tliis chapter, anv other Code provision, local lavy. ordinance. rule or reexilation of the Town of Ithaca, or the Uniform Code or anv successor statute or regulation. Further, a certificate of occupancy shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification. as defined bv the Uniform Code, to another. The following requirements shall also apply: (1) Except as set forth below in Subsection B, a building or structure for which a building permit ban been is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy shall have been issued by the Building TnnpectorCode Enforcement Officer or such other person lawfully designated by the Town of Ithaca. The Code Enforcement Officer or designee shall inspect the building. structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, and flood hazard certifications, prepared at the expense of the applicant in accordance with tlie provisions of the Uniform Code bv such person or persons as may be designated bv or are otherwise acceptable to the Code Enforcement Officer, must be received bv tlie Code Enforcement Officer prior to the issuance of the certificate. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the 12 UniMnBuMag Code, Chapter 270, Zoning, and other applicable laws, rules and regulations. (2^ A certificate of occupancy shall contain the following information: (a^ the building permit number> if any; (13") the date of issuance of tlie permit, if any; (c) the name, address and tax map number of the property; rd^ if the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; Te^ the use and occupancy classification of the structure: (fl the type of construction of the structure: f g'l the assembly occupant load of the structure, if any; if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required: fi") any special conditions imposed in connection with the issuance of the building permit: and the signature of the official issuing the certificate and the date of issuance. The fees for certificates of occupancy are set forth in Chapter 153. Fees, of the Code of the Town of Ithaca. The applicable fee shall be paid before a certificate of occupancy is issued. B. Upon request, the Ruilding TnfipectorCode Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed. iipon th" cnnftitinnr. nnd limitntionri fiQt forth below.onlv if the structure or portions thereof may be occupied safely, any installed fire- and smoke-detecting or fire protection equipment is operational, all required means of egress from the structure have been provided, and the conditions set forth below are met. (1) Before issuing a temporary certificate of occupancy the Building TpnpectorCode Enforcement Officer must find: (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life, property or the public welfare; and 13 (b) Practical difficulties exist in completing the building, structure or site improvements -to the point where the building, structure or site improvements would qualify for a permanent certificate of occupancy because of: [1] Construction delays resulting fi*om: [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials; or [c] Other conditions found by the Building InDpectorCode Enforcement Officer to warrant early occupancy; or [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of University-related residents); or [3] Any other reason found by the Building InspectorCode Enforcement Officer to be appropriate for the issuance of such temporary certificate. (2) The granting of a temporary certificate of occupancy is solely within the discretion of the Building InspectorCode Enforcement Officer and no applicant shall | have a right to same. ^ ^ (3) In addition to the conditions on such certificates imposed by this chapter, the Building TnfipectorCode Enforcement Officer may impose such conditions on the issuance of such certificates as the Building InspectorCode Enforcement Officer may reasonably require to protect the health, safety and welfare of the public^ including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the building or structure for which a temporary certificate of occupancy is sought will be fully completed and qualify for a permanent certificate of occupancy for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be reasonably necessary or appropriate to protect the public health and welfare. (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy inappropriate, the Town Board may overrule the Building InnpoctorCode Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Building InGpectorCode Enforcement Officer, whichever is later. I >1 14 f \ (5) The issuance of ^temporary certificate of occupancy does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy. (6) Issuance of a temporary certificate of occupancy is not to be construed as a determination that a final certificate of occupancy will be automatically issued. (7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy, it may also be revoked by the Bmlcling InspectorCode Enforcement Officer at any time under one or more of the following circumstances: (a) The BniiHing Tnr.pectorCode Enforcement Officer becomes aware of a condition which presently endangers, or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate. (b) The niiiHing Tnr.poctnrCode Enforcement Officer determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy. (c) The RnilHmg InnpoctorCode Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy reasonably inappropriate or inadvisable. (d) The BnilHing Tnr.pectorCode Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate. (8) The temporary certificate of occupancy shall be issued for such period as the Ruilding InspectorCode Enforcement Officer may elect, but not in any event to exceed six months, except as provided below. However, the Building InopoctorCo^ Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. (9) Discretionary actions. (a) Notwithstanding the foregoing provisions of Subsection B(8) above, however, the Town Board may, after public hearing on at least five days' notice upon the application of the property owner, authorize the Building InopectorCo^ Enforcement Officer: [1] To issue a temporary certificate of occupancy for a period greater than six months if the Board finds: 15 f ^ [a] It is likely the conditions which require the issuance of a temporary certificate of occupancy will extend for a period in excess of six months; and [b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and [c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and [d] The life of the temporary certificate, including any extended period, is not greater than three years; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-76, Subsection B, have been met. [2] To reduce or waive the fee charged for a temporary certificate of occupancy if the Board finds: [a] The fee for the original building permit was sufficiently large to cover the costs to the Town, including Building IncpoctorCode Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and [b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and [c] The need for the temporary certificate of occupancy was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and [d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-76, Subsection B, have been met. (b) The Town Board, in granting an application for a longer temporary certificate of occupancy or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining. (10) A temporary certificate of occupancy can also be granted by the Building lerCode Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Building InspectorCode Enforcement Officer, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy will not endanger life, health, property, or the public welfare. The issuance of a temporary certificate of occupancy under these circumstances and the , ^ 16 ' \ right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. (11) The fee for the issuance of a temporary certificate of occupancy shall be as specified in ^iv-Chapter 153. Fees, of tlie Code of the applicable Town of Ithaca^ local law, ordinanco, rule or regulation. C. A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the prnnrrihod fees set forth in Chapter 153. Fees, of the Code of the Town of Ithaca. D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancv was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified bv the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. § 125-8^. Use and oOperating permits. ^ V A. Issuance. (1) Upon payment of the fee, as proscribod in die schodulo of fcoo adopted by the Tovm Board, use permito ohall be ioouod by and boar tlie name and signature of the Building Inopoctor and shall specify: (a) Activit>^ or operation for which ouch pomiit io iosued. (b) Address or location whoro activit)^ or operation is to bo conducted. (c) Name and address of permitteer (d) Uso permit number and date of isDuance. (o) Poriod of uso permit validit)^ (2) At the option of the Building Inopoctor a use permit may bo combined with a building permit if such combination io appropriate. B. Uoo permito ohall not bo tranoforablo and any change in activity, operation, location, ownership, or uoo shall require a new uso permit. 17 C. Uoo ponnito shall continue iintil rovokod or for a period of timo dooignated at the time of isDuanoo. An oxtonoion of the udo pomiit time period may be grantod provided a Gatipfactor}^ rcaoon can bo oho>\ii for failure to start or completo the work or activit)' authorized within tho required timo period. D. Use permits shall bo obtainod for tlie follov.ing: (1) Acot>dono gonorators: To operate an acetylono generator having carbide capacit)^ excooding five pounds. a calcium plant. (2) Automobilo tiro rebuilding plants: To oporato an automobilo tiro rebuilding (3) Automobilo wTecldng yards: To oporato an automobilo wTocldng yard. (1) Bowling ostablishmonts: For bowling pin rofinishing and bowling lane rosurfacing operations involving tho use and application of flammable or combustible liquids or materials. (5) Cellulose nitrate motion picture film: To store, keep or have on hand more tlian 25 pounds of cellulose nitrato motion picture film. (6) Cclluloso nitrate plastioo (p>TOxylm): (a) To store, koop or havo on hand more than 25 pounds of cellulose nitrate plastics (p)Toxylin). (b) To manufacture articles of cellulose nitrate plastic (pyroxylin) which shall includo the uso of cclluloso nitrate plastics (pyroxylin) in tlio manufacture or assembling of other articles. (7) Combustible fibers: To store, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm. (8) Combustible materials: To store combustible materials including but not limited to empt>^ combustible packing cases, boxes, barrels, or similar containers, rubber tires, baled cotton, rubber, cork, or other similar materials in excess of 2^500 cubic feet gross volume on any premises. (9) Compressed gases: (a) To store, handle, or use at nonnal temperatures and pressures more than: [1] 2,000 cubic feet of flammable compressed gas; or [2] 6,000 cubic feet of nonflammable compressed gas. / N / ^ / 1 18 (b) To otoro, handlo or udo any quantity of liquofiod, natural or hydrogon gas. (10) Cryogonics: To Gtore, handlo, or ugo cr>^ogeiiic fluido, except crj^ogemcG used ao a motor fuol and Gtorod in motor vohiclo tanlcs, ao follows: (a) Production, oalo or storago of cryogeiuc fluids. (b) Storage or uoo of flammablo cryogenic fluido, oryogonic oxidizors, or liquefied oxygon in oxoooo of 10 gallons. (11) Dry cleaning planto: To use in oxcesG of four gallono of solvcnto or cleaning agonts claooifled ao flammablo or combustible, (12) Bust producing planto: To oporato any grain olcvator, flonr, otarch, or feed mill vvoodworldng plant, or plant pulverizing aluminum, coal, cocoa, plaotics, magnosium, opicop, ougar, oulflir, or othor matorialo producing oxplosivo potential duot. (13) Explooive ammunition and blaoting agents: (a) To manufacture, poosess, store, cell or otherwise dispooe of explosiveo and blaoting agents. (b) To UGO oxplooivoo or blaoting agents. (o) To operate a terminal for handling ocplooivoo or blaoting agonto. (H) Flammablo and combuotible liquids: (a) To Dtoro, handlo, or uoe flammable liquido in ejccooo of 6 1/2 gallono inoide dwellingo, or in excess of 10 gallons inside any other buildingo or other occupancy, or in oxceos-of 60 gallons outoide of any building. [1] Thio provioion ohall not apply to: [a] Liquido in the fuel tank of a motor vehicle, aircraft, portable or Dtationar)^ engine, boat or portable heating plant. [b] Painto, oilo, vamiohoo or oimilar flammable mi?[turoo, when ouch liquido are otored for maintenance, painting, or oimilar purpooes. (b) To otore, handle, or uoe combuotible liquido in excooo of 25 gallono inoide a building, or in excess of 60 gallons outside of a building;- [1] Thio provioion ohall not apply to fuol oil uoed in connection with oil burning equipment. 19 (o) A permit ohall be obtainod for the initial inotallation of an oil bumor and a fuel oil tanlc usod in connootion thorowith. A pormit shall be required for the replacomont of a fuel oil tanlc connected to an oil burner. (d) For prooosoing, blending, or rofining a flammablo or combustiblo liquid. (15) Flammable finishing: For opra>dng, coating, or dipping operations utilizing flaiumablo or combuGtiblo liquids. (16) Fruit ripening process: To conduct a fhiit ripening prooooo using othylene nr> r»gtKJT (17) Fumigation and thermal inoocticidal fogging: To conduct fumigation or thormal inoocticidal fogging operations. (18) Hazardous chemicals: (a) To store, handle, or uso more than 55 gallons of corroGivo liquids, or more than 50 poundo of oxidizing materials, or moro than 10 pounds of organic poroxidoo, or more than 50 pounda of nitromothane, or 1,000 poundo or more of animoniuni nitrato, ammonium nitrate fertilizoro and fortilizor mixturoG containing 60^0 or more ammonium or any amount of toxic matorial or poioonouo gao. (b) To otoro, handle, or uoo any quantit)^ of air roaotive, water reactive, or unotablo materials. (19) Junlcyardo: To oporato a junlcyard. (20) Liquefiod petroleum gas: For each inotallation of liquofied potroloum gas employing a container or an aggregate or interconnocted container of ovor 2,000 gallons water capacity, and for each permanent installation, irroopectivc of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religiouo, social or recreational purpoceG. Inotallers ahall maintain a record of all inotallationo and replacement of portable cylindero, and have it available for inspection. (21) Lumbor^^ards: To operate a lumboiy^ard. (22) Magnesium: For melting, casting, heat treating, machining, or grinding of moro than 10 pounds of magnesium per worldng day. (23) Matches: (a) To manufacture matches. / ^ > \ 20 (b) To stor6 irLatohes in excess of 25 caoos. (^JOTEI One oas6 oqualo one ^ matcliman'o grooo of 11,100 matches.) (21) Organic coatingo: To perform organic coating oporationQ utilizing more than ono gallon of organic coating on any worlang da)'. (25) Ovono and flirnacoo: To oporato induotrial procesomg ovons and furnaces oporating at approximatol^^ atmopphoric prooouroo and tomporaturcD not oxcoeding 1,100° F. wliich are heated with oil and gas fuol or which during operation contain flamniable vaporo from the matorial in tlio ovon or cataljlic combuotion oyotem. (26) PlacoD of assombly: To maintain, oporato, or uso a placo of aooembly. (27) Somco otatioiis and repair garages: To oporato a aonaoo otation or ropair garage. (28) Wolding cutting: To oporato a welding and cutting businoos. E. Conoolidatod uso pormito. When more than ono uoo permit io roquired for the oame property or preraises, a single use permit may be issued listing all materials or operations covorod. Rovocation of a portion or portions of such conoolidatod uso pormit, for Gpecific / \ hazardous niaterialo or oporationo, shall not invalidate the remainder.- I \ ^ F. Location of use permits. Use pormits shall bo kept on tho property or premisos covered by tho uoo pormit or carriod by the uoo permit holder. AG. On find nftor .Tanuan,^ 1.1993. no No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the follmMng facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in § 125 8 Subsection C of this section and § 125-9 below, obtained an operating permit for tho following uses: en Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 2703.1.1(1), 2703.1.1(2). 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 10 NYCRR Part 1225). (2\ Hazardous processes and activities, including but not limited to. commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (3) Use of pyrotechnic devices in assembly occupancies. Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. 21 (5) Buildings whose use or occupancy classification may pose a substantial potential hayard to nublic safety, as determined bv the Code Enforcement Officer. (4© Multiple residences involving buildings containing three or more dwelling units. (3^7) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (3^ Cliild and adult Pdav-care centers and facilities as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca. (49) Dormitories providing accommodations for sleeping for hire for more than four people. (g-lO) Motels or hotels providing sleeping accommodations for hire for more than four people. B. Anv individual or entity who proposes to undertake the tvpes of activities or operate the tvpes of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination bv the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that tlie Code Enforcement Officer determines are necessarv to verify conformance shall be required at the expense of the applicant and shall be conducted bv such persons as mav be designated bv or are otherwise acceptable to the Code Enforcement Officer. C. The Code Enforcement Officer shall inspect tlie subject premises prior to tlie issuance of an operating permit. D. In anv circumstance in which more than one activitv listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer mav require a separate operating permit for each such activitv. or the Code Enforcement Officer mav. in his or her discretion, issue a single operating permit to applv to all such activities. EH. An operating permit shall be valid for a period of three years from its date of issuance.7 unless earlier revoked or suspended. FT The operating permit shall be displayed on the property or premises covered by the operating permit. f \ > \ < ) / ^ 22 , Gk Revocation of »se-aft4-operating permits. Use-ei^Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, or thorc has boon misroprooontation or faloification of mntnrin] fnr.tfi if information submitted in connection with the permit application or witlLa condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comnlv with applicable provisions of the Uniform Code, or where there is a violation of applicable law under which the use-er-operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-98. Fire.safety and DroDcrtv maintenance inspections. A. The Code Enforcement Officer Building Inspector shall conduct peHodie-fire safety and property maintenance inspections of areas of public assembly| as defined in Part 606 of Title 9 of the Official Compilation of Codes, Ruloo and Rogulationo of the State of Now Yorlcthe Uniform Code, or any ouccoGOor part of ocdd rogulations, at least once per year. Such inspections may be made at any reasonable time. B. The Code Enforcement OfficerBuilding Inspector shall inspect the facilities ^ nrmmnrntod in ^ 125 7G shall coiiduct fire safetv and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities w^here more than 10 people normally sleep nightly (including hospitals, nursing homes. infirmaries, and sanitariums^ all child and adult day-care centers and facilities, as defined in Chanter 270. Zoning, of the Code of the Town of Ithaca, and all dormitory buildings. regardless of the number sleeping accommodations. Such inspections may be made at any reasonable time. Upon completion of the inspection if the Code Enforcement Officer Building Inopoctor is satisfied that the buildings so inspected are in compliance with the UnifomiBuilding Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer Building Inspector shall issue an operating permit^ where one is required by § 125-8, upon payment of the applicable fees for the inspection and the permit. C. All other buildingo, structures, promises, and uoos within the Town of Ithaca to which the Building Code applies shall bo poriodically inspected for complianco \vith the provioions of tho Building Code as thoy apply to firo provcntion and safety. CD. An inspection of a building or dwelling unit may be performed at any other time upon a) a request of the owner or authorized agent; orb) roceipt of a witton statement■specifying grounds upon which the subGonber believes a violation of the Building Code,Chapter 270, Zoning, or othor law, rulo or regulation oxioto, or c) receipt of ete reasonable and reliable information that suGfe-a_violation of the Uniform Code, this^ chapter. Chapter 270. Zoning, or other law, rule or regulation exists. 23 D^E. If entrance to make an inspection is refused or cannot be obtained^ the Code Enforcement Officer Building Inspector or his designee ohall have tho right to molco such inopoctiono ao are oet forth abovo in thio chapter or, in tho altornative, may apply fer^ warrant to mako an inspection to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E. Nothing in this section or in anv other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection bv anv federal, state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. S 125-10. Notification regarding fire or explosion. The chief of anv fire department providing fire fighting services for a property within the Town shall notify the Code Enforcement Officer bv the next business day of anv fire or explosion involving anv structural damage, fuel burning appliance, chimney or gas vent. § 125-11. Complaints. A. The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply v^th this chapter. Chapter 270. Zoning, of the Code of the Town of Ithaca, the Uniform Code, the New York State Energy Conservation Construction Code, or anv other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the New York State Energy Conservation Construction Code. B. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: ri) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection. (2) If a violation is found to exist, providing the owner of the affected property and anv other person or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding as described in $ 125-12 (Violations^ and $ 125-13 (Penalties for offenses) of tliis chapter. (3Mf appropriate, issuing a Stop Work Order. (41 If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. 24 § 125-m. Violations. A. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Building Code or this chapter shall comply with all provisions of the Uniform Building Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the Code Enforcement Officer Building Inapoctor finds that there has been a violation of the Uniform Building Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order shaU-may be issued to the person or persons responsible. C. Violation orders shall be in writing, shall identify the property or premises, sh^l specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. D. Violation orders may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are ' the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set ^ forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Tevsi Attorney for ef-the Town of Ithaca. § 125-130. Penalties for offenses. I A. Failure to comply with any provision of the Uniform Building Code, this chapter, | rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer Building Inspector is | hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Building Code, this chapter, rule or regulation 25 adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. § 125-1^. Records. The Town Building and Zoning Department and Town Clerk Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints^, and violation orders and fees charged and collected pursuant to this chapter, in compliance with the applicable record retention requirements of the New York State Archives and Records Administration. § 125-15^. Removal of dangerous buildings or structures. A. A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment is hereby declared to be a public nuisance. B. Whenever the Code Enforcement Officer Building Inspector finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment, the Building InopootorCode Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building, er-structure or equipment as may be necessary to remove the danger. C. The Building InspectorCode Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. D. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building, of-structure or equipment, or part thereof. E. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such buildings er-structure or equipment, shall be assessed against the land on which such building or structure is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such aoDessment shall be and constitute a lion upon ouch land. If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9% per anniun from the date of the Town's work shall constitute a lien upon such land. aA legal action or proceeding mav be brought to collect such aGGOSoment costs, expenses, interest and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement / > / / N 26 Officer Building Inspector may file a certificate of the actual costs and expenses incited and interest accruing as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the Tomokins County Department of AssessmentAooessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included h^-tbe-as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. § 125-16^. Variance and review. A. A request for a variance firom the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B. A request for a variance from the provisions of the UniformBuilding Code and an appeal to review determination of or failure to render a determination by the Code Enforcement OfficerBuilding Inopector based upon the Uniform Building Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205440. or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of anv provision of the Uniform Code or anv successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review. § 125 11. Miscollanoouo provisions. Inspections of premises belonging to the county, state or federal govemmento, or any agency tliereof, public or private institutions, including, without limitation, hospitcds, nursing homes, buildings for senior citizens, hotels and motels or public or private educational institutions, including Ithaca Colloge and Cornoll University (including any private research facilities located on property belonging to said educational institutions), shall continue to bo made in tlie same mamier and shall be conducted by the same personnel as has boon the case prior to the adoption of this chapter or any amendments tliereto, unless otherwise specifically provided herein. This provision shall continue in force and effect until such time as this chapter shall be further modified by local law or resolution of the Town Board or until resolutions are promulgated by the Town Board. § 125 15. Modification of provisions. 27 Tho Town Board may modi:^% dolotc or add to tho proviisiono of this chapter not only by local law or ordinanco but also by any rooolution, ruloo or rogulationo which tho Town Board may enact or adopt. ' \ 28 December 11, 2006 Town Board Mtg. ATTACHMENT #12 age h ]} A # 1 0 ^ TOWN OF ITHACA / \ PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: MICHAEL SMITH, ENVIRONMENTAL PLANNER RE: APPROVAL OF UPDATED ZONING MAP DATE: NOVEMBER 27, 2006 Attached are materials relating to the update of the Town of Ithaca Zoning Map, including (1) a revised map (Effective April 1, 2004, Revised December 11,2006) incorporating the necessary changes and (2) a proposed resolution for approved and acceptance of the revised Zoning Map for the Board's consideration. The last time the Zoning Map was revised was on December 11,2005, when the Town Board approved three revisions to the Zoning Map based on local laws. Since then, there ^ ^ have been two rezonings approved by the Town Board in local laws that should be incorporated into the Zoning Map. Details of the updates are shown below. \ 1. The Conifer Village Ithaca Senior Living Community was rezoned from Medium Density Residential (MDR) to Multiple Residence (MR) by Local Law No. 2, 2006, and 2. A portion of the Low Density Residential Zone (LDR) between Taughannock Boulevard and Trumansburg Road was rezoned to Conservation Zone by Local Law No. 7,2006. Approval of the updated Zoning Map is a Type 11 action pursuant to SEQR because it is a routine administrative action. The Local Laws adopting the rezonings included complete environmental reviews. A public hearing is also not required because approval of the updated map is simply incorporating the already approved rezonings. fKPlease let me know if there are any questions prior to the December 11 meeting. Att. REGULAR MEETING OF THE ITHACA TOWN BOARD s MONDAY, DECEMBER 11, 2006 \ f I N / \ TB RESOLUTION NO. 2006 - : APPROVAL AND ACCEPTANCE OF REVISED ZONING MAP (EFFECTIVE APRIL 1. 2004. REVISED DECEMBER 11. 2006) WHEREAS, two zoning changes have been enacted through local laws by the Town Board since the current official Town of Ithaca Zoning Map, Effective April 1, 2004 and revised December 12, 2005, including rezonings enacted by Local Law No. 2, 2006 (Conifer Village Ithaca Senior Living Community), and Local Law No. 7, 2006 (Conservation Zone between Taughannock Blvd. and Trumansburg Road), and WHEREAS, a revised Town of Ithaca Zoning Map, Effective April 1, 2004, Revised December 11, 2006, has been prepared and presented to the Town Board for review, and WHEREAS, at the regular meeting on December 11, 2006, the Town Board of the Town of Ithaca has reviewed the revised Town of Ithaca Zoning Map referenced above, and WHEREAS, this action is a Type II action pursuant to Part 617.5 (c) (19) and (20) of the New York State Environmental Quality Review Act (SEQR), and Chapter 148 of the Code of the Town of Ithaca titled "Environmental Quality Review", thereby not being subject to further environmental review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby determines that the revised Zoning Map, Effective April 1, 2004, Revised December 11, 2006, correctly incorporates changes made to the official Town of Ithaca Zoning Map, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca hereby approves and accepts the revised Town of Ithaca Zoning Map, Effective April 1, 2004, Revised December 11, 2006, and determines that such map shall be used as the official Town of Ithaca Zoning Map until superseded by further action of the Town Board, or until further modified by local law. MOVED: SECONDED: VOTE: ^ ^ I i \ I \ December 11, 2006 Town Board Mtg ATTACHMENT AGENDA ITEM NO. / TOWN OF ITHACA N LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING," REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Section 270-233 of the Town of Ithaca Code, titled "Permit to build," is amended by deleting paragraphs A through G and replacing them with the following text: "A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221, Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to New York State's Uniform Fire Prevention and Building Code, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 ^ ofthe Code ofthe Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in § 125-4(A) of the Code of die Town of Ithaca for which no building permit is required. B. No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter." Section 2. Chapter 270 (Zoning), Section 270-234 of the Town of Ithaca Code, titled "Certificate of occupancy," is amended by deleting its entire text and replacing it with the following text: "A certificate of occupancy shall be required for all work and other circumstances specified in § 125-7 of the Code of the Town of Ithaca." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New ^ York Secretary of State, whichever is the last to occur. December 6,2006 AGENDA ITEM NO. This red'iined version shows proposed changes to Town Code Sections 270-233 & 234. ^ New ianguage is underiined; deieted ianguage is struck-through. ^ § 270-233. Permit to build. A. No principal building or accessory building, nor any other structure, including but not limited to, tanks, power and pump stations, swimming pools, and signs (except as permitted by Chapter 221, Signs, of the Code of the Town of Ithaca), in any district, shall be begun, erected, conetructed, enlarged, improved, renovated, repaired, or altered, without a permit to build, issued by tho Code Enforcomont Officer, except that no building permit ehall be required for No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221. Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to New York State's Uniform Fire Prevention and Building Code, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in Section 125- 4(A) of the Code of the Town of Ithaca for which no building permit is required.r Repairs, alterations, or ronovations to existing buildings provided that the repairs, altorations, or renovations: ^ Cost less than $10,000; (b) Do not matorially affect structural features of the building; f \ (o) Do not affect fire safoty features such as smoke detoctors, sprinklers, roquirod fire ' separations and exits; ' {d) Do not involve the installation or extension of electrical, plumbing, or heating systems; Do not includo the installation of solid fuel burning heating appliances and associated chimnoys and flues; and ^ In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. (2) An accessory building in an agricultural or residential district, provided that such building: (a) Costs less than $3,000; 4b> Is less than 12 feet in height; (g) Does not involve the installation or extonsion of eloctrical, plumbing, or heating systems; and Does not include tho installation of solid fuel burning heating appliances and associated chimneys and flues. (3) Parking spaces in Lakefront Residential Zones, Low, Medium, and High Density Residential Zones, Mobile Home Park Zones, Conservation Zones and Agricultural Zones provided that such parking spaces cost loss than $10,000. 8t This waiver of the permit to build requirement for altorations, accossory buildings, and parking spaces shall in no case roliovo the property owner from compliance with other provisions of this chapter or of the New York State Uniform Fire Prevention and Building Cede, or any successor ordinances or statutes. B^Gr No permit to build shall be Issued except pursuant to written order of the Board of Appeals, / where the proposed construction, alteration, or use would be In violation of any provision of this chapter. No such permit shall be Issued, except pursuant to written order of the appropriate authority granting variances where the proposed construction, alteration, or use would be In violation of any provision of the New York State Uniform Fire Prevention and Building Code or any successor statute. Gr Every application for a building permit shall state In writing tho Intended use of the building and shall be accompanied by a plot plan with all dimensions shown Indicating the size and shape of the lot and buildings. & Evory such application for a building permit shall also contain additional information such as tho Intended number of occupants, tho number of rooms, statement as to whether any portion will be occupied by the owner or will be leased, and such application shall be accompanied by an interior plan showing numbor and layout of rooms, and such application and such plan shall contain such additional Information as may bo reasonably roqulrod by the Code Enforcement Officer or as may bo required from timo to time by tho Town Board. R Every application for a building permit shall be accompanied by a fee computed in accordance with the most recent local law, ordinance, or resolution adopted by the Town Board establishing such foes, Including, without limitation. Chapter 153, Fees, of the Code of the Town of Ithaca (i.e., the local law regarding same adopted on or about December 12, 199^1, to be offoctlvQ January 1,1995), as the same may have been subsequently amended. Or Unless there has been substantial progress in the work for which a building permit was Issued, said building permit shall expire one year from the date of Issue. § 270-234. Certificate of occupancy. A certificate of occupancy shall be required for all work for which a building permit Is requtfed to be Issued under this chapter or under any other ordinance or local law of the Town of Ithaca or under the New York State Uniform Fire Prevention and Building Code or any successor statute- Further, a certlflcate-of-ocGupancy shall be required for all buildings which are converted from one general occupancy classification to another arid such classifications are defined In Part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or any successor rules or regulations. The Issuance of building permits and certificates of occupancy shall be governed, in addition to the requirements of this chapter, by the requirements of the New York State Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder, and any similar or successor statutes, and in accordance with the requirements of any laws, ordinances, rules or regulations of the Town of Ithaca including, without limitation. Local Law No. 1 of the yoar 1981 (Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca) as the same has boon subsequently amended. Tho fee for the Issuance of a certlflcato of occupancy shall bo the fee established In the most recent local law, ordinance, or resolution adopted by the Town Board ostabllshing such fee, Including, without limitation, the local law regarding came adopted on or about December 12, 199'1, to be effective January 1,1995, as the same may have been subsequently amended. A certificate of occupancy shall be reoulred for all work and other circumstances soeclfled in Section 125-7 of the Code of the Town of Ithaca. December 11, 2006 Town Board Mtg, ATTACHMENT #10 AGENDA ITEM NO. TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 153 OF THE TOWN OF ITHACA CODE, TITLED "FEES," REGARDING FEES FOR CERTIFICATES OF OCCUPANCY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 153 (Fees), Section 153-7. A of the Town of Ithaca Code, entitled "Certificates of occupancy," is amended by deleting the reference to "§ 125-6B(9)" and adding "§ 125-7B(9)" in its place, so that this subparagraph reads as follows: "A. The fee for the issuance of a temporary certificate of occupancy related to a building permit shall be the greater of $25 or 50% of the building permit fee, unless reduced or waived pursuant to § 125-7B(9) of the Code of the Town of Ithaca." ^ 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. r Section 3. This local law shall take effect immediately upon filing with the New York Secretary of State. December 6, 2006 /■ December 11, 2006 Town Board Mtg. ATTACHMENT #11 AGENDA ITEM NO. TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 9 OF THE TOWN OF ITHACA CODE, TITLED "APPEARANCE TICKETS," DESIGNATING CODE ENFORCEMENT OFFICERS TO ENFORCE CODES RELATING TO BUILDINGS, ZONING, PLANNING, ENVIRONMENTAL CONTROL, AND FIRE PREVENTION AND SAFETY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 9 (Appearance Tickets), Section 9-2.B of the Town of Ithaca Code, entitled "Authorization to serve appearance tickets," is amended by deleting the words "Building Inspector; Zoning Officer" under the heading "Title" and inserting in their place the words "Code Enforcement Officer," so that the first entry under the headings "Title" and "Area of Enforcement" reads as follows: "Title Area of Enforcement Code Enforcement Officer Codes relating to buildings, zoning, planmng, environmental control, fire prevention and safety" 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 New York Secretary of State. December 6,2006 TniAm f>f U|vsses Town otithaca HAOSm miNlOYRD L r Town of Newfield o Town of Ithaca Zoning Map (Effective April 1, 2004, Revised December 11. 2006) Lakefront Residential (LR) Low Density Residential (LDR) Medium Density Residential (MDR) High Density Residential (HDR) Mobile Home Park (MHP) Multiple Residence (MR) Vehicle Fuel and Repair (VFR) Office Park Commercial (OPC) Neighborhood Commercial (NC) Community Commercial (CC) Lakefront Commercial (LC) Agricultural (AG) Conservation (C) Planned Development Zones (P) Light Industrial (LI) Industrial (I) Cayuga Lake 0 0.50.5 N 1 Miles Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 TE: Refer also to Town of Ithaca Zoning Ordinance and to n Board local laws and ordinances rezoning certain areas additional information on specific boundaries. icial signatures below certify this map as the Official Zoning the Town of Ithaca, effective April 1, 2004, adopted by the card by Resolution No. 195 on Decembers, 2003, and iJ December 11, 2006, by Town Board Resolution No. 2006- Ine Valentino, Town Supervisor n Hunter, Town Clerk rs December 11, 2006 Town Board Mtg ATTACHMENT j^l3 rtgen{la#2 2 / TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JON KANTER, DIRECTOR OF PLANNINGj^ ^ DATE: DECEMBER 5, 2006 RE: TRAINING REQUIREMENTS FOR PLANNING AND ZONING BOARD MEMBERS As has been reported to the Board, the State Legislature approved a bill, which was signed into law by the Governor, establishing minimum training requirements for planning and zoning board (ZBA) members (Chapter 662, Laws of 2006). The law takes effect on January 1, 2007. The new law requires that municipal planning and zoning board members receive a minimum of four hours of training each year. The enclosed brochure prepared by the NYS Legislative Commission on Rural Resources provides an overview of the requirements of the law. This is on the December 11^** Town Board agenda for discussion purposes at this point. At some time in the near future, the Board should consider adopting a resolution that addresses some of the points that are raised in the law. Some points that the Board might want to discuss on a preliminary basis include: (1) A municipality may waive the four hour training requirement, or part of it, by passing a resolution. Does the Town Board want to do this? (2) The type of acceptable training is left to the discretion of each municipality, and can even vary for individual board members. It would appear to be prudent to leave this as flexible as possible, since there are so many types of training available (see below), and there may be differences in training needs between new board members and members who have served for a long time. (3) What happens if a board member fails to receive the training required by their municipality? The law indicates that board members who fail to receive the training required by their municipality are ineligible for reappointment to their board, unless exempted by their governing board (this presumably can be done on a case-by-case basis). (4) How should the Town keep track of the training received by planning and zoning board members? i There is a long list on the back of the enclosed brochvire indicating training courses and resources that are available around the state, including programs held by the NYS Department of State, New York Planning Federation, NYS Association of Towns, and others, as well as on-line training resources, video conferences, video tapes, books, and other sources. In fact, in-house training by professional staff can also qualify as training under the law. There are also several local organizations, including the TCMOA Planning Coalition and Tompkins County Planning Department, which may be able to provide appropriate training opportunities. Because of the variety and types of training available, the Board will probably want to keep this as flexible as possible as well. The type of training could also have budget implications for future years if travel and conference registration is required or if resources (books, videos, etc.) have to be ordered. However, acceptable training will have to be defined by the Board pursuant to the State law. Staff will be discussing the above further with both the Planning Board and ZBA at upcoming meetings. This agenda item is just to get the Board to think about how the Town wants to handle this new training requirement in the upcoming year. Please feel free to call if you have any questions. Enc. ! \ > \ Zoning Map Updates Identified December 11, 2006 f Ulysses ofJlthaca Town Town SRDJH □ MECKLENfiUR^ffl Chapter 662, Laws of 2006 Chapter 662, Laws of 2006 Where is training currently available? ^ f- 'raining is readily available throughout the state. " Department of State hosts training courses throughout the year '' ious locations around the state, (www.dos.state.nv.usf Other state agencies also provide training courses including the Department of Agriculture and Markets (Www.aamkt.state.nv.usf. the Office of the State Comptroller Awww.osc.state.nv.us). and The Department of Environmental Conservation fwww.dec.state.nv.us). to name just a few. ^ State Associations including the Association of Towns (Www.nvtQwns.ora). the Conference of Mayors (Www.nvcoTn.ora) and the NY Planning Federation (Www.nvpf.orq) offer training and hold annual conferences which include a variety of training opportuni- ^ The New York Municipal Insurance Reciprocal has free training available on line. (Www.nvmir.ora/zoninq rea.shtml)available on line. (Www.nvmir.ora/zoninq rea.sntmi) Pace University and Land Use Law Center provides land use training, some of which may be used from home as distance learning. rWww.iaw.Dace.edu/landuse). Other universities and colleges also often offer training. (See e.g. Albany Law School, Government Law Center www.albanvtaw.edu). ^ Lincoln Institute of Land Use Policy has designed a series of on courses on critical land and land related tax policies. /w.lincolneducationoniine.orq) y counties and municipalities and regional planning councils offer their own training. Self study may also be used if approved by a municipality. Will additional planning and zoning training programs be available to municipalities? Yes, new training opportunities are in the works and will begin to be available at the start of 2007. Promoting the Training of Municipal Planning and Zoning Officials Fact Sheet In 2006 the state Legislature approved a bill, spon sored by Senator George H. Winner, Jr. and Assembly woman Sandra R. Galef, to establish minimum training requirements for municipal planning and zoning offi cials. It was signed into law by the Governor as Chapter 662 of the Laws of 2006 and takes effect January 1, 2007. The new law calls for a minimum training stan dard of four hours each year for members of county, city, town, and village planning and zoning boards. The purpose of this fact sheet is to help answer some commonly asked questions as well as point to sources of training and further information. Contact Information Legislative Commission on Rural Resources Tel. 518.455.2544; E-mail: ruraires@senate.state.ny.us New York Planning Federation Tel. 518.270.9855; Website: www.nvpf.orq i Association of Towns of the State of New York Tel. 518.465.7933; Web site: www.nytowns.ora New York State Conference of Mayors Tel. 518.463.1185; Website: www.nycom.oro New York State Department of State Tel. 518.474.4750; www.dos.state.nv.us Published by: NYS Legislative Commission on Rural Resources Senator George H- Winner, Jr., Chairman In cooperation with; New York Planning Federation Association of Towns of the State of New York New York State Conference of Mayors and Municipal Officials New York State Department of State New York State Builders Association New York Farm Bureau Chapter 662, Laws of 2006 What the new law does? ^ Requires that a minimum of four hours of training be received by municipal planning and zoning officials including county planning board members, each year. Why the law was passed? In New York state, cities, towns and villages have primary responsi bility to regulate private land use through citizen planning boards and zoning boards. Their actions have a profound impact on state and local land use policies and individual land owners. ^ Well considered and timely decisions by municipal boards and commissions attract quality community development, and result in fewer lawsuits and lower costs for municipal liability insurance. Chapter 662, Laws of 2006 What sort of training is required? ^ The legislative body for each city, county, town or village app^ course or courses of training for its board members. <f^a r The type of acceptable training is left to the discretion of indiv—il municipalities, and could even vary for individual board members. Training can provide either basic skills or can offer new and ad vanced planning and zoning approaches. Training opportunities could include courses offered by a municipality (for example, at regular board meetings covering the newest iaws), a regional or county planning office, a state agency such as the Department of State, a state association like the Association of Towns, Conference of Mayors, or NY Planning Federation, or even a college or other similar entity. The new law promotes a minimum training standard for planning and zoning board members throughout the state at no or minimal fiscal impact, while allowing municipalities a wide latitude in the training opportunities they may authorize members to receive. Who supported passage of the new law? ^ The new law received broad-based support from many organizations and individuals. Wasn't training already provided for by law prior to passage of Chapter 662? While individual municipalities could require training of planning and zoning board members, and some already do so, there was no uniform statutory training standard for municipal planning and zoning officials in New York. When does the new law take effect? ^ The law takes effect on January 1, 2007. Are there any exceptions in the new law? ^ A municipality with a population of one million or more is exempt from the requirements of Chapter 662. A municipality may waive the four hour requirement, or part of it, by passing a resolution. Does the new law apply to county planning boards in charter counties? Yes, it applies to such members If they are appointed by the county governing body. Does the law apply to alternate board members? ^ Yes, it applies to alternate board members as well as regular members. ^ Training formats available are also flexible and can include traditional classroom training, video and distance learning, or even self study. What happens if a municipal board member receives more than the required four hours of training in one year? ^ Training received in excess of four hours in any one year, carried over into another year, at the discretion of the munlclf S What happens if a person serves on mo^ than one planning or zoning board? Ar^ they required to receive four hours of y . rly training for each position? Not under the new law. However, municipalities have the discretion to require training in excess of the four hour yearly minimum. What happens if a municipal board member doesn't meet the minimum training require ments established by a municipality? ^ Board members faiiing to receive training required by their municipal ity are ineligible for reappointment to their board, unless exempted by their goveming board. Do municipalities need to notify anyone when they establish a training program for members of their planning and zoning boards as required in the new law? ^ No, but municipalities should establish a system for keeping track of training received by board members. What happens if a municipality doesn'fr^^ enact a local law or resolution to esta^ p a training program for members of its p n- ning and zoning boards? ^ j It is incumbent upon municipal officials to act in accordance with this new state law. TOWN CLERK'S MONTHLY REPORT ATTACHMENT #14 NOVEMBER, 2006 PAGE 1 TOWN OF ITHACA, NEW YORK "T^HE SUPERVISOR: ^ ^uant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received ^e in connection with my office during the month stated above, excepting only such fees and moneys the application .payment of which are otherwise provided for by Law: A1255 MARRIAGE LICENSES NO. 06125 TO 06127 MISC. COPIES TAX SEARCH MARRIAGE TRANSCRIPT TOTAL TOWN CLERK FEES 52.50 37.50 20.00 40.00 150.00 A2544 DOG LICENSES TOTAL A2544 586.20 586.20 B2110 \ BUILDING PERMIT BUILDING PERMIT EXTENSIN FOUNDATION PERMITS SIGN PERMITS ZONING BOARD MTG TEMP CERTIFICATE OCCUP TOTAL B2110 1,500.00 137.50 175.00 25.00 100.00 1,112.50 3,050.00 b.«..15 SUBDV. REV. FINAL PLAT SITE PLAN INIT. APL. FEE SITE PLAN PRELIM. PLAN SITE PLAN FINAL PLAN ASS. MTG. FEE P.H. PROCE TOTAL B2115 420.00 100.00 900.00 500.00 50.00 1,970.00 f^\ TOWN CLERK'S MONTHLY REPORT DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 736.20 PAID TO SUPERVISOR FOR PART TOWN FUND 5,020.00 PAID TO COUNTY TREASURER FOR DOG LICENSES 112.80 PAID TO AG «fe MARKETS FOR DOG LICENSES 30.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 67.50 NOVEMBER, 2006 page 2 ^ 7 TOTAL DISBURSEMENTS 5,966.50 DECEMBER 1,2006 , SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public / ^ / ^ ! \ I > \ , TOWN OF ITHACA ' \ Public Works Department's Monthly Board Report November for the December 11,2006 Meeting ROADS ¨ Night crew started on November 27,2006. ¨ We continued ditching roads in the Eastern Heights neighborhood. ¨ Leaf collection was completed for the season, including picking up paper bags until the end of the month. ¨ We assisted Cayuga Heights with installing shoulders on several of their roads. ¨ We assisted Tompkins County by hauling gravel for them. ¨ A catch basin on Forest Home Drive was repaired. ¨ We mixed salt and worked on signs and the sign inventory. ¨ We assisted the Town of Ulysses with our Bobcat and blacktop grinder for several days. ¨ Plow truck drivers and wingmen checked over their runs and equipment prior to their first trip out. Clean up around the Public Works Facility was accomplished, along with a building inspection ' for hazards. ^ We began hauling washed la gravel for stockpiling to have for next year's surface treating ^ projects. ¨ A blocked ditch and culvert was repaired in the Southwoods development. ¨ We obtained a drainage easement from a property owner on Northview Road so as to install a new road crossing culvert, catch basin, and underground storm drain to alleviate flooding problems. PARKS AND TRAILS □ Final leaf blowing at our parks and trails was completed. Mowing equipment was serviced and winterized before being put away for the season. □ The final piece of the Pew trail base was installed leading down to Pine Tree Road. Stone check dams were installed in new ditches along this section. □ Flower bulbs were planted at the Tutelo Park entrance. Town Hall, and East Shore Park sites. □ Weekly site checks at all parks and trails were performed. □ Hazardous trees were cut down along South Hill Recreation Way. WATER We constructed and installed a backer board for the new electrical panel box at the East Hill X Tank. ^ A water main break was repaired at 2 Pheasant Lane. A PRV tour with Bolton Point was done. n We test ran our portable generators under load by connecting to several pump stations. r f \ SEWER Weekly pump station checks were performed. -tf A total of 65 Dig Safely New York mark outs were done. As-built drawings for both water and sewer projects were worked on. BUILDING MAINTENANCE o Town Hall steps were re-pointed, o Wreaths were hung over the windows at Town Hall. December Projects 1. Sewer manholes will be located, inspected, and cleaned as needed. 2. Weekly site inspections and pump station checks. 3. Tree and brush removal at parks, trails, and along roads. 4. Continue working on as-built drawings for water and sewer. 5. Equipment maintenance and servicing. 6. Snow removal, as necessary. > f ghk ' f ( \ TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for December 11.2006 Town Board Meeting DEVELOPMENT REVIEW November 21.2006 Planning Board Meeting: Haines 2-Lot Subdivision, 1519 Slaterville Road: The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision located at 1519 Slaterville Road, Town of Ithaca Tax Parcel No. 56-1-1, Medium Density Residential Zone and Conservation Zone. The proposal is to subdivide off a 4.463 +/- acre parcel from the southwestern end of the 8.112 +/- acre parcel, which will then be consolidated with City of Ithaca watershed lands. Patricia F. Haines; Owner/Applicant. Recommendation to Town Board Regarding Town of Ithaca Transportation Plan: The Planning Board approved an affirmative recommendation to the Town of Ithaca Town Board regarding the adoption of the draft Town of Ithaca Transportation Plan, subject to considering the incorporation of relevant comments received regarding the Plan. Update Regarding Longview Skilled/Adult Care Addition, 1 Bella Vista Drive: The Planning Board received an update regarding 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 +/- 24,000 square foot addition on the north side of the existing building to serve up to 32 additional residents. The proposal will also include approximately 11 new parking spaces, a new driveway, and new stormwater facilities. The Town Board has previously referred Ae proposed amendment of Planned Development Zone No. 7 to the Planning Board for a recommendation. Ithacare Center Service Company, Inc., Owner/Applicant; Mark A. Macera, Executive Director, Agent. Reviews for Zoning Board (ZBAh The November 20, 2006 Zoning Board of Appeals meeting was cancelled due to a lack of complete applications. The next ZBA meeting is scheduled for December 18, 2006. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COCh The Committee met on November 15, 2006 to continue review of existing regulations regarding docks and shoreline structures in the Lakefront Residential Zone, proposed amendment to provisions in the Zoning Code regarding alternate Zoning and Planning Board members, report on resident survey regarding weekly rentals in the Lakefront of Uiiaca Planning Director's Report lOecember 11, 2006 Town Board Meeting Residential Zone, and review of regulations regarding home occupations. The next COC meeting is scheduled for December 20, 2006. Tentative agenda items include review of draft amendments to home occupation regulations in Zoning Code, continuation of review (and perhaps completion) of dock regulations, report on survey regarding weekly rentals in Lakeffont Residential Zone, and initiation of discussions regarding possible amendments to sign law and noise law. Transportation Committee/Transportation Plan: The Committee did not meet in November. Conservation Board: The next meeting is scheduled for December 7, 2006. Ithaca-Tompkins Countv Transportation Council flTCTO Planning Committee: The ITCTC Planning Committee met on November 21, 2006 to discuss two TIP (Transportation Improvement Program) amendments for projects which will receive funding from the Transportation Enhancement Program (City of Ithaca - pedestrian crossings at NYS Route 13 at Third and Dey Streets; Tompkins County - Forest Home Bridge/Fall Creek Historic Bridge Rehabilitation), an update on the Cayuga Lake Scenic Byways program, and the process for the 2007-2012 TIP update. The next meeting is a joint meeting of the ITCTC Policy and Planning Committees and is scheduled for December 19, 2006 at 2:00 p.m. Training Session - Town Board's Role in Planning and Zoning: This session with participants from the NYS Department of State, Division of Local Government, was held on Wednesday, November 29, 2006 from 7:00 p.m. to 9:00 p.m. at the Borg Warner Room (East) at the Tompkins County Public Library. A flyer announcing the event was prepared and distributed to all municipal elected officials, planning and zoning board members in Tompkins County, and was also sent to Cortland County for their distribution. A press release was also prepared and sent to our media list prior to the session. The program was attended by approximately 60 people, including municipal officials from town boards, common council, planning boards, zoning boards, county legislature and members of the public. The program was taped, and a VHS tape (or DVD format) is available in the Planning Department for viewing. Comell T-GEIS: The T-GEIS consultants reported on the status of their work regarding the traffic and intersection analysis on November 29, 2006. Existing data has been reviewed, new data was collected (where needed) during the Fall, and the data has been factored into preliminary road corridor and intersection analyses. Preliminary growth scenarios have been conducted and factored into the road corridor and intersection analyses. In addition, analysis of the commuter survey that was conducted has been underway. A meeting of the T-GEIS Resource Committee is tentatively scheduled for January 11, 2007 at 1:00 p.m. (location not announced yet) to review the status of the work mentioned above. The consultants have indicated that a revised timeline for the T-GEIS will take the project through almost all of2007 for completion. Comell Master Plan: The Cornell Master Plan consultants held a workshop on November 30, 2006 to present their preliminary analysis and observations regarding trends and possible growth scenarios for the Comell campus. The consultants will be conducting additional workshops to bring this information to a number of stakeholder groups over the next month or so. f \ / ^ Town Engineer's Report for 12/11/2006 Town Board Meeting TOMPKINS COUNTY EMERGENCY PLANNING COMMITTEE The Town Engineer is a member of the Emergency Planning Committee. The Committee met November 21,2006 at the Department of Emergency Response Conference Room. The committee organized and charged the subcommittees to address the different aimexes in the emergency management plan. The Town Engineer is a member of the Public Works Sub-Committee, which will meet in December EARTH FILL PERMITS No earth fill permits were issued in November 2006. WATER PROJECTS Trumansburg Road Water Main Improvements Final design is underway for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive. This project has been on the capital plan for construction in 2007. SEWER PROJECTS Sewer Joint Committee The Town of Ithaca is one of the Joint Owners of the Ithaca Area Waste Water Treatment Plant. The Tovm Engineer reviews the operations of the plant and attends the SJC meetings as technical staff for the Town. There is no meeting scheduled for December Joint Interceptor Sewer Projects Construction of the interceptor sewer on Aurora Street between Hudson Street the block above Prospect Street was completed in October. Work will be started on the remainder of Aurora street in the spring when rehabilitation of the Aurora Street bridge begins. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that is being collected by the engineering interns is being processed and developed into a stormwater model for the Town. The Northeast area is a priority study area because of the proposed Briarwood Subdivision. A public meeting is scheduled for December 6^''. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER \Engineering staff is monitoring the sediment and erosion control practices. Most of the site work has been completed and restored. TOWN ENGINEERS REPORT 12/11/2006 WEIDERMEIR SUBDIVISION / \ Sediment and erosion controls are being monitored. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase 11 improvements is complete except for final pavement. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. Several details of the plan that includes detention located on several of the lots is being modified to better fit the topography and siting of the individual houses. Phase 11 work on the project has begun with clearing of the road area. OVERLOOK ON THE WEST HILL Most of the site restoration and Landscaping work has been completed, the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION The Engineering staff is monitoring Demolition of the old Biggs A building was delayed and final site restoration will be completed in the spring. The on site hard fill disposal area is being protected by the required sediment and erosion control' measures and placement of hard fill is being monitored by the Engineering Department. f \ I \ Town Engineer's Report December 11, 2006 Daniel R. Walker Page 2 12/6/2006 f \ Building and Zoning Monthly Report 11/1/06 Until 11/30/06 Building Permits BP#Date Value Description fee category 6788 11/3/2006 $338,000.00 Foundation for single-family horhe $700.00 renovations to residential 6793 11/7/2006 $12,000.00 Partition walls to create conference room - 72 persons $60.00 business 6789 11/8/2006 $62,000.00 ADA compliant rostrum and replace entry stairs $200.00 business 6791 1/14/2006 $1,500.00 Construct partition wall for Painted Universe tenant $25.00 business 6790 1/14/2006 $142,800.00 Master bedroom addition $350.00 additions to residential 6794 1/16/2006 $14,400.00 Partition walls to create office space - Suite 127 $60.00 business 6792 1/17/2006 Alterations to residence including raise roof above sunroom $0.00 renovations to residential 6795 1/22/2006 $95,000.00 Additions and remodel single-family home $200.00 additions to residential 6796 1/30/2006 $350,000.00 New 6 bedroom home with attached 2 car garage $700.00 new single-family homes Totals $1,015,700.00 1 $2,295.00 1 BP#Address Description CO Temp 6787 825 Danby Rd Replace commercial cooking equipment and upgrade fire protection system 11/1/2006 □ 6580 330 Pine Tree Rd Construct 14,630 sq. ft. commercial building w/ sprinkler system 11/2/2006 6577 922 Coddington Rd New 4 bedroom single-family home with attached 2 car garage 11/2/2006 □ 6529 12 Fairway Dr New single-family home with atttached 2 car garage 11/3/2006 □ 6569 123 Judd Falls Rd Convert basement into apartment 11/6/2006 □ 6387 169 Seven Mile Dr 20* X 40' above ground pool 11/7/2006 □ 6665 108 Pennsylvania Ave New two-family residence 11/27/2006 □ Complaints Thursday, December 07,2006 Page 1 Building and Zoning Monthly Report 11/1/06 Until 11/30/06 Date Address Complaint Type Disposition 11/8/2006 107 Pine Tree Rd property maintenance Pending 11/16/2006 1128 East Shore Dr zoning use No Violation Found 11/16/2006 1126 East Shore Dr zoning use No Violation Found 11/17/2006 1229 Trumansburg Rd building code Pending 11/14/2006 151 West Hill Cir building code No Violation Found 11/27/2006 109 PineviewTer property maintenance Pending 11/27/2006 1150 DanbyRd building code Abated 11/27/2006 950 Danby Rd building code Pending 11/27/2006 950 Danby Rd building code Pending 11/30/2006 817 Elmira Rd property maintenance Pending Existing Building CO Date CO Type 11/17/2006 6728 two family Field Visits Building Code 80 Complaint/Investigation 8 Fire Safety 3 Fire Emergency 0 Total 91 Thursday, December 07, 2006 Page 2 f \ r t > f ^ ( K 12/01/2006 ^0:06 r \ TOWN OF ITHACA B2110-B2110 Transaction Report For the period 11/01/2006 through 11/30/2006 >1 - -ype Date Comment Name Quantity Fee B2110 1.BP 2. BP 3.BP 4. BP 5.BP 6. BP 11/07/2006 11/07/2006 11/22/2006 11/28/2006 11/28/2006 11/29/2006 39.-1-1.1,39.-1-1.2 39.-1-1.1,39.-1-1.2 66.-3-3.13 37.-1-20.10 31.-4-6.4 66.-3-3.14 SOUTH HILL BUSINESS 1 CAMPUS SOUTH HILL BUSINESS 1 CAMPUS EASTWIND DEVELOPMENT 1 PARKS, RICHARD 1 JACOBS, KEVIN 1 WARREN W. CURRIER, JR. 1 60.00 60.00 700.00 60.00 550.00 70.00 1,500.00 7.BPE 8.BPE 11/01/2006 11/08/2006 36.-2-3.23 28.-1-3.3 SIMKIN, BORIS 1 CUTLER, MICHELE 1 87.50 50.00 137.50 9.FP 11/02/2006 21.-2-28 CROWLEY/KERSLAKE 1 175.00 1 175.00 10. SP 11/30/2006 39.-1-17 CERES GARDENS 1 25.00 J .CO ^co ' CO 11/02/2006 11/06/2006 11/30/2006 62.-1-3.2 71.-5-2 39.-1-18 1 RITE AID / 1093 GROUP 1 VAN ECK, NICHOLAS 1 TORCHIA, MATTHEW J. 1 25.00 1,000.00 62.50 50.00 1,112.50 14.ZBM 11/21/2006 49;-l-17.4 GOODHEW, BILL 1 100.00 1 100.00 Total Sales 14 3,050.00 Page: 1 Regular Meeting of the Ithaca Town Board, December 11, 2006 Human Resources Report for November, 2006 Board Personnel Committee: The committee did not meet in November. The next meeting is scheduled for December 1,2006. Safetv Committee: The committee did not meet in November. The next meeting is scheduled for December 1,2006. Training and Development: Lisa Carrier-Titti and I met with Susan Greener, TC3, to arrange for a Microsoft Office skills assessment questionnaire. The questionnaire will be sent to the staff via email with a link to the questionnaire. TC3 will create the survey and provide us with the results. This assessment will allow us determine where training needs are and on what programs. The questionnaire will be coming out the 2"^ week of December, and is to be completed by December 21, 2006. The final program for the fall Brainteaser series will be held December 7^^, on ^ mail merges. f \ Personnel - Civil Service: Paul Tunison and I interviewed candidates from the Account Clerk Typist list to fill the recently vacated position. The position has been offered and accepted by Debra Kane. Debbie will be starting on December 5, 2006. Open enrollment meetings were held at all three locations. During this period 3 new employees enrolled in the flexible spending program. Representatives from the voluntary payroll benefits were available on site at the locations for questions and enrollment. The annual town wellness and benefit fair was another great event. 34 people attended the event, with 29 receiving the flu vaccine. 2007 pay and benefit letters were included with the December 1®^ paychecks. Commercial Insurance (Ithaca Aaencv - Selective Insurance Comoanv): The Town's engineering van was involved in a small accident on Warren Road. The driver's side back door and rear panel were dented in. The vehicle is scheduled for repairs the 3"^^ week of December. This accident was not due to our employee's negligence. Regarding the litigation on the claim date of loss 8/9/2003, Sandbank Road ' accident: Fred Noteboom and Dan Walker have met with the attorneys and given their depositions on the case. There are 3 remaining claimants versus the f \ original 4. There is no action required of the town at this time. , ^ Ithaca Agency is processing the Town's renewal for January Application paperwork has been completed and sent on. I am also working with Ithaca Agency on the renewal for Bolton Point's insurance. Workers' Compensation (Public Emplovers Risk Management Assoc - PERMA): There were no new claims filed this month. The Town has received the grant funding for the defensive driving courses given in October. The Town was awarded a 50% cost share of the program. Disabilitv Insurance: There was one person out on disability and they returned to full duty just after Thanksgiving. Unemplovment Insurance: Currently there are no unemployment claims. Submitted By: Judith 0. Drake, PHR ^ ^ Human Resources Manager I