HomeMy WebLinkAboutTB Minutes 2006-09-11Final-9/5/2006
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, SEPTEMBER 11, 2006 AT 5:30.
215 NORTH TIOGA STREET, ITHACA, NY 14850
1. Call to Order
2. Pledge of Allegiance
3. Report of Tompkins County Legislature - Tim Joseph
4. Report of Common Council - Robin Korherr
5. Report of Fire Commissioners - Bob Romanowski
6. 6:00 p.m. - Persons to be Heard and Board Comments
7. Consider resolution of support of concept of the 2006 Economic Development
Strategy for Tompkins County
8. Consider adopting the National Incident Management System (NIMS) as the Town
of Ithaca's Official All-Hazards Incident Response System
9. 7:00 p.m. - Public Hearing regarding proposed local law adding chapter to the
Town of Ithaca Code, titled "Stormwater Management" regarding repair of
stormwater management facilities and recovery of Town charges
10. SEQR - regarding local law adding chapter to the Town of Ithaca Code, titled
"Stormwater Management" regarding repair of stormwater management facilities
and recovery of Town charges
11. Consider adoption of local law adding chapter to the Town of Ithaca Code, titled
"Stormwater Management" regarding repair of stormwater management facilities
and recovery of Town charges
12. Discussion and consideration of setting a public hearing regarding a proposed local
law adding a chapter to the Town of Ithaca Code titled "Outdoor Lighting"
13. a. Discussion and decision on proposed local law amending chapter 270 of the
Town of Ithaca Code titled "Zoning" regarding solar collectors and installations
b. Consider setting a public hearing regarding a proposed local law amending
chapter 270 of the Town of Ithaca Code titled "Zoning" regarding solar
collectors and installations
14. 7:30 p.m. - Youth Employment Recognition
15. 7:45 p.m. - Public Hearing regarding noise permit application - Little Big Shots
Final-9/5/2006
16. Consider granting noise permit to Little Big Shots
17. Acknowledge receipt and acceptance of NYS Office of Parks, Recreation and
Historic Preservation grant for Town playground replacements j}
18. Consider approval of 2006 budget transfers and amendments
19. Consider requesting voter registration figures and acknowledging receipt and at
annual Town Organizational Meeting
20. Consider Approval of Creation of Employee Relations Committee
21. Consent Agenda
a. Approval of Minutes
b. Town of Ithaca abstract
c. Bolton Point abstract
d. Attendance at New York Planning Federation Conference
e. Brush and leaf pick up dates
f. Waive park use fee for student / resident picnic
22. Report of Town Officials
a. Town Clerk
b. Highway Superintendent
c. Director of Engineering _
d. Director of Planning |
e. Budget Officer '
f. Manager of Human Resources
g. Network/Records Specialist
h. Recreation and Youth Coordinator
i. Attorney for the Town
23. 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 Committee
g. Personnel Committee
h. Public Works Committee
i. Recreation and Human Services Committee - Discussion
j. Records Management Advisory Board
k. Safety Committee
I. Transportation Committee
24. Intermunicipal Organizations
a. Cayuga Lake Watershed Intermunicipal Organization j |
b. City/Town Trail Committee
c. Intermunicipal Cooperation and Consolidation Study Group
Final- 9/5/2006
d. Joint Youth Commission
e. Lake Source Data Sharing
f. Pegasus Oversight Committee
g. Recreation Partnership
h. Special Joint Committee (Sewer)
i. Southern Cayuga Lake Intermunicipal Water Commission
j. SPCA monthly report for January 2006
25. Review of Correspondence
a. 8/18/2006 letters from M. Stamm, TCAD, re Tompkins County Empire Zone
Allocation
b. b. 8/24/06 letter from D. Barber re temporary certificate of occupancy
26. 8:00 p.m. - Presentation - Coddington Road reconstruction project - John
Lampman
27. Consider Adjournment
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Regular Meeting of the Ithaca Town Board
Monday, September 11, 2006 at 5:30 p.m.
215 North Tloga Street, Ithaca, New York
THOSE PRESENT: Supervisor Valentino; Councilwoman Gittelman; Councilman Burbank;
Councilman Engman; Councilman Stein; Councilman Cowie
STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Fred Noteboom, Highway Superintendent;
Daniel Walker, Director of Engineering; Judy Drake, Human Resources Manager; John
Kanter, Director of Planning; Al Carvill, Budget Officer; Susan Brock, Attorney for the Town
EXCUSED: Patricia Leary, Councilwoman
OTHERS PRESENT: Bob Romanowski, Fire Commission; Jennie Daley, Ithaca Journal;
Rick Couture, Ithaca College; Jim Foster, Little Big Shots; Shelly Foster, Little Big Shots; Carl
Sgrecci, Ithaca College; Bill Lesser, 406 Coddington Road; John Lampman, Tompkins
County Highway Division
CALL TO ORDER
Supervisor Valentino called the meeting to order at 5:30 p.m. and led the assemblage in the
Pledge of Allegiance and a moment of silence commemorating the victims of 9-11.
Additional Agenda Items
Supervisor Valentino asked for Board permission to add two items to the evenings agenda:
1) Executive Session to Discuss the Personnel History of 3 Employees and consideration of
Consideration of Additional Services to Southern Cayuga Lake Water Commission, 2) a
Consent Agenda Item authorizing Linda Fetherbay to attend an upcoming magistrates
meeting.
There were no objections from the Board.
Agenda Item No. 3 - Report of Tompkins County Legislature
Supervisor Valentino reported that Tim Joseph was not able to attend the evening's meeting.
Agenda Item No. 4 - Report of Common Council
Robin Korherr was not present to address the Board.
Agenda Item No. 5 - Report of Fire Commission (Attachment # 1 - Monthly Report)
Bob Romanowski appeared before the Board and read his monthly report.
Agenda Item No. 6 - Persons to be Heard (Attachment # 2 - Noise Permit Application)
Bill Bryant, Ithaca City School District Director of Athletics, and Phil Pennipat, Senior Class
President, came before the Board to discuss a Noise Permit application for fireworks at the
upcoming High School Homecoming. Mr. Bryant thanked Ms. Hunter and the Board for
giving them the opportunity to speak to them this evening.
Mr. Bryant described the events leading up to submission of a permit application. He
acknowledged that the application did not meet any of the Town's required deadlines.
1
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Homecoming is scheduled for Friday, September 29^'^. The fireworks show would take 5 to 7
minutes; held roughly between 7:45 p.m. and 8:15 p.m. Mr. Bryant stated he and Phil were
before the Board to see if it would be at all possible, given the short notice and the new Noise
Ordinance, for the School District to hold the fireworks display on Friday, September 29*^.
Phil Pennipat introduced himself to the Board as class president and new chair of the Ithaca
High School Homecoming Committee. He told the Board a goal of the Committee is to bring
back community involvement in Homecoming and with the school. Mr. Pennipat told the
Board he felt that had a lot to do with the spirit that is lacking at the school; the community not
being as involved with the school system.
Mr. Pennipat reported that the issue had come up in a conversation last Monday at the
Lincoln Street Diner with Joe Scaglione.
Ms. Valentino told Mr. Pennipat that there were several problems facing them. One is that
Mr. Scaglione knows very well the procedures and the public hearing timetable; he knows
very well that there is no way the Town can meet the timeframe. She asked the Town Board
what they thought.
Mr. Stein asked what the Town Board would have to do by the law if they wanted to grant the
request. Ms. Valentino told him they would have to hold a public hearing and have another
Town Board Meeting. Ms. Valentino stated her concern that the person who is providing the
fireworks knows the regulations full well; he's been through them before. Ms. Brock stated ^
that the law also requires that the application for the permit be filed with the Town Clerk no
less than 45-days before the anticipated need. That requirement can be met and there is not
really a provision in the law to waive that. Mr. Stein asked if, suppose they wanted the
Homecoming thing to happen, could they waive that provision or not? Ms. Brock told him
there was no provision for how to waive that requirement. The laws requirements are there
and they are clear. Mr. Stein asked if it was her advise that the Board could not do anything
to grant the request. Ms. Brock responded stating, not in compliance with the law.
Mr. Burbank told the applicant that what may not be known to them is that the Town Board
has previously dealt with numerous complaints from people who live adjacent to that field due
to the noise from other events so they are very loathe to causally enter into a process that
would create a noise situation for which we might then be vulnerable if somebody were to
bring a suit for failure to follow procedures.
Mr. Engman asked if there was any possibility that this, sort of event could be held at a later
football game? Mr. Bryant told him that they have a senior night in late October, but he did
not believe it would fall within the 45-day provision.
As far as Mr. Stein was concerned, he did not think they could discuss the merits of the case
because they had heard a clear statement from the Town's legal council that they do not
have the right to do that. He stated he was sympathetic to homecoming events, but not so
sympathetic that he wants to violate the law. pn
r
Mr. Bryant told the Board he appreciated them hearing their request.
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Mr. Cowie remarked that the 45-day period had been his concern when they passed the law,
he thought then that it was onerous. Ms. Brock told him the reason they had the 45-days was
if somebody put in an application right after a Town Board Meeting and there were a shorter
time period the Town Board might have to hold a special meeting. It was really meant as an
accommodation to the Town Board.
Agenda item No. 6 - Persons to be Heard
Jennie Daley, Ithaca Journal
Ms. Daley introduced herself to the Board telling them she was taking over coverage of the
Town of Ithaca from Anne who has left the Journal. Mr. Burbank asked for a business card
from Ms. Daley and told her he was delighted she was at the meeting. He stated that the
Journal has cut way back on their coverage of Town Board meetings. Ms. Daley told him
there was a resource issue at the paper that makes it hard to be everywhere at once. They
do try to keep track of what's going on so if they can't be there they can at least be aware of
issues. Mr. Burbank asked what is a good timeframe in which to call Ms. Daley if there was
something on the Board agenda that the Board feels should be brought to the attention of the
public. Ms. Daley told him that every Tuesday she plans her next week so a week's notice
would allow her to weigh her options and allocate her time.
Joint Youth Commission Funding
Ms. Valentino reminded the Board that she had spoken about problems with the Joint Youth
Commission budget at the last Board meeting. When she went back and started to do her
budget work and pull out the final contract that they had signed for the services from the
different providers she realized that she was wrong. The Board had in fact approved the
extra money in the budget. She apologized to the Board for misinforming them. The
Commission was exactly right with the budget number and the amount that we had agreed to
pay and Ms. Valentino's signature was definitely on the contract for those services.
Ms. Valentino reported they just had a very good Joint Youth Commission Meeting. They
have worked out the budget process for the year and it looks like they are all feeling that they
are going to be able to provide good programming.
Tour of Solar Installations
Mr. Cowie reported that Dave Mountin asked him to help promote a tour of some solar
installations Mr. Mountin is helping to put together for October 7^^. Mr. Burbank added that
Cooperative Extension was actually doing the event. Mr. Burbank stated he had sent
everybody an email with the link; it's a national organization that does this all over the country
on that day. Mr. Cowie added that Mr. Mountin had a particular interest within the context of
the solar collector law.
Election Districts and Voter Registration Rolls ( Attachment # 3 - Article from Ithaca
Journal)
Mr. Burbank reported having had a conversation with Steve DeWitt of the Board of Elections
to get a better understanding as to why the sites had been changed. Mr. Burbank reminded
the Board of Mr. DeWitt's April 2006 request to the Board to create a new voting district at
Kendal and the fact that the Board had denied that request because of a February deadline.
Mr. Burbank continued stating that the Board of Elections apparently had until this year the
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
authority to act in the event that a municipality did not. That authority lapsed statewide and
was restored this summer. Mr. DeWitt felt it was okay to move ahead on creating the new
election district. He did consult with the folks at Kendal who are very enthusiastic about
having a polling place. There had been some concern that the people at Kendal might not be
comfortable with many outsiders coming in but apparently they are. They other changes that
happened and these had to do with the Board Elections acting, as opposed to the Town, was
moving the polling place sites of South Hill up to College Circle; the Ellis Hollow Apartments
up to Reis Tennis; Maplewood to Reis. Mr. Burbank reported that in each case it had to do
with accessibility issues. At South Hill they could not legally meet the requirements without
installing a ramp. They were informed by Ellis Hollow that they did not want to serve as a
polling place. Ms. Supervisor did not think that was true. Mr. Burbank encouraged someone
from the Town to contact them to discuss this.
Ms. Valentino asked Ms. Hunter if she had comments. Ms. Hunter stated she thought it
would probably be good for the Board to assume its responsibility of creating the election
districts. In order to do that they need to have the voter registration numbers, which is why
she is suggesting the Board may want to add receipt of the voter registration numbers to the
Board's Organizational Meeting. The Board would then have them in time to create any
needed new districts by the February 16^^ deadline and it would start a dialogue with the
Board of Elections about the designation of the polling places. Ms. Hunter reported having
spoken with Mr. DeWitt who said that he could provide the figures for the Organizational
Meeting. Ms. Hunter felt the Board might also want to have an appearance by one of the
election commissioners on the February agenda as a routine matter. The Board agreed to
include receipt and acknowledgement of voter registration numbers as part of their
organizational meeting.
Agenda Item No. 7 - Consider Resolution of Support of the Concept of the 2006
Economic Development Strategy for Tompkins Countv (Attachment # 4 - Draft Plan )
Martha Armstrong appeared before the Board on behalf of Tompkins County Area
Development. Ms. Armstrong gave a brief synopsis of the development strategy as follows:
In 1997 the County asked TOAD to take on the economic development strategy for the
County and we did that and over a 2'year process we came up with a 58-step action plan as
an E.D. strategy. Part of what came out of that process was, first of ail, a lot of participation
by people like Jon who are sort of technical experts and do economic development in the
County and we decided we wanted to keep meeting on a quarterly basis to coordinate and
evaluate how we were doing. As issues came up have a collegial group to discuss them
with, and try to coordinate our efforts, make sure we're not duplicating and help each out
where we can. So we have in fact been meeting quarterly since probably 1999 or so and
about a year/year and a half ago we put on our schedule to review and renew the strategy
because a lot of those actions steps from the original strategy had aged out, some of them
quicker than others. Some of them were completed; some of them were not completed.
Most of them actually were in process or completed. Then we had a process last year where
we had a couple of broad kind of leadership forums to look at a new vision, to look at what
our goal setting should be. Did some focus groups. Went around and talked to business
leaders, some community groups, etc. got input and came up with a pretty different approach
to the strategy itself and three goals that at the beginning I wouldn't have thought would be
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
the goals. So the mission we came up with is in your resolution, which is to "cultivate a
prosperous and sustainable regional economy by building the economic foundations,
expanding opportunities, and fully engaging the community in ways that reflect our strengths
and values. The major 5 yeas goals that we established are to increase and diversify
housing supply, improve workforce and business skills, and thirdly to revitalize unique
commercial districts and town centers. We felt that each of those issues, while they've kind
of been in the air, they really needed some crystallized action around them. They are
complex issues, they're county-wide issues, they're issues that a group of agencies such as
has been participating and are listed in the resolution working together would help really
move progress forward around trying to accomplish some of these goals, which can be, as I
said, difficult to do. If they are Just sort of taken on place-by-place or one individual at a time,
we don't really get the comprehensive impact that we need to have to keep our economy
strong here and doing well. This is not the exclusion of other economic development work.
All of the agencies who are participating in this do particular things. Cooperative Extension
does a lot of work around agriculture. We do work around hi-tech, tech transfer, from Comell,
other kind of business development. Each of these agencies have a lot of work that they do.
But these are the things we've said, let's come together and really focus on these and let's
have a strategy of elevating our collective work. And that's really what the strategy is here
and what we're here with this resolution trying to do is have all the participants go back to
their boards or their legislative bodies, depending upon what kind of organization they are.
Make sure that group, that board, is aware of what we are doing, has a sense of commitment
towards that so we have a little depth in our participation and commitment to trying to achieve
some of these goals. That's why I'm here. I thank Jon for inviting me to come and answer
your questions, if you have any, and I hope you'll support the resolution and help participate
in this.
Mr. Engman noted that the materials the Board received in their packets were marked as
"draft". He asked if there was an opportunity for the Board to provide input at this point and
would that input then be considered as a possible change to the document, or is the
document pretty well settled. Ms. Armstrong told him the document had been passed by the
TCAD Board and is going for acceptance by the County Legislature tomorrow night. The only
reason it says it is not for distribution is because they are going to prettify it for a broad
publication. Mr. Engman stated he had not had a chance to look at the document until the
weekend passed and he questioned whether he was being asked to approve something he
really hasn't had a chance to have any input into. Ms. Armstrong told him the Board was not
being asked to approve the ED strategy, they are asking the Board to feel a sense of
commitment to the goals and mission of what they are doing which is trying to accomplish
keeping the County economically viable through this general approach. Mr. Engman was
very happy to see increased and diversified housing supply as one of the items. He stated
he was a little taken aback by the phrase on page 6, "the County has an entrepreneurial
populace and workforce education levels that exceed those of the research triangle and
Silicone Valley regions". To Mr. Engman it sounds like the County has more people working
in the entrepreneurial populace than they do in those regions, which certainly would not be
true. Ms. Armstrong responded stating the County has an entrepreneurial population,
somewhat above the national self employment average. Mr. Cowie pointed out that she was
talking about "rates". Mr. Engman further stated that he has argued for decades with the
County Planning Department that the local environment, along with affordable housing, ought
to be a first rate consideration. A lot of people stay here, relocated here, want to live here,
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
enjoy the quality of life here because of the natural environment. He has always thought
when we talk about the environment we should talk about economic development; when we
talk about economic development we should talk about the natural environment. That was
one piece he would have liked to see in the plan. Mr. Engman's final comment was that he
noticed there were 13 bodies listed as involved agencies. He thought it would also be useful
to have another section called interested agencies, like Sustainable Tompkins, the Tompkins
County Environmental Management Council, the Finger Lakes Land Trust, other
organizations that have a slightly different take on economic development but can support it if
brought into the process. He thought another section of interested agencies would make the
document effective.
Mr. Burbank voiced his agreement with everything that Mr. Engman said. He added that he
was delighted about the housing, noting that the projected need estimates did not even begin
to factor the people that live far out who would like to be here but can't. That being said,
whenever you build housing, especially at the lower end, you are likely to run into situations
where you are changing the natural environment and neighborhoods. It's a balancing act.
{turn tape).
Ms. Armstrong told the Board that maintaining the environmental quality in the County, while
not explicit in the economic development strategy in front of the Board, it was in the original
one. It did specifically talk about environment. While this is a much shorter and flexible kind
of document than the first one was they did include the statement of the community's values
in the mission statement, which was more explicitly drawn out in the original document back
in 1999. Ms. Armstrong agreed that it was clear when talking to the community and
community leaders; most community leaders whether they are leaders of industry or leaders
of small businesses, will talk about the environment very consistently. Part of the idea of
having the collaborative is that the parties do meet and do kind of get in each others business
a little bit more formally and say, "This is an important thing from the County's perspective",
or "This is an important thing from the Town's perspective", be as explicit as possible with
each other about what is valued by the different players in the community and try to work that
out.
Attorney Brock noticed the document stated "local governments hope to incorporate a
Council of Governments for Tompkins County". She asked if the word "incorporate" was
being used in the sense of creating a corporation. The group's by-laws that Attorney Brock
has seen indicate it is more just a group of municipalities coming together to jointly perform
this function. Ms. Armstrong stated she had understood that it was actually going to be
formally an organization of some kind and she assumed that would be a corporation. She
stated she was happy to be corrected. Ms. Valentino told her the group was really not at that
stage. Ms. Valentino stated her thought when reading that language was they were looking
for the Council of Governments to become an involved agency. Right now and for quite
some time the council will be a pretty loose knit organization that just has simple by-laws. Mr.
Kanter suggested the use of the word "form" or "organize" in place of "incorporate".
Mr. Kanter stated that he had taken a resolution provided by Ms. Armstrong and modified it a
good bit for the Town's needs. He stated he thought as a municipality the Town needs to
balance economic development considerations with many others, housing and environment
and open space. The original wording was much stronger in terms of fully involving
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
ourselves in It as opposed to supporting the concept of which is the wording I suggested we
use. Both supporting the concepts of the collaborative and also supporting those goals in the
strategy that are consistent with the Town's Comprehensive Plan.
IB RESOLUTION NO. 2006-176 : Support for the Implementation of the 2006 Economic
Development Strategy for Tompkins County and the Concept of the Economic
Development Collaboratlye
WHEREAS, the Economic Development Strategy prepared for Tompkins County by
Tompkins County Area Development in 1999 included the formation of a Coordinating
Committee responsible for implementation of the strategy, and
WHEREAS, the Coordinating Committee, (including representatives from Tompkins County
Area Development, the Industrial Development Agency, the Workforce Investment Board, the
Chamber of Commerce and Convention and Visitors Bureau, the Ithaca Downtown
Partnership, The City of Ithaca Department of Planning and Economic Development and the
Ithaca Urban Renewal Agency, the Town of Ithaca Planning Department, the Tompkins
County Planning Department, the Ithaca-Tompkins County Transportation Council,
Cooperative Extension of Tompkins County, and the Municipal Officials Association) has
been meeting quarterly to assess progress toward implementation and to ensure that all
parties are fully aware of the challenges and concerns facing committee members, and
WHEREAS, this committee structure has proved valuable in uniting the economic
development professionals in the community to provide mutual support and assistance, and
WHEREAS, the Town of Ithaca Comprehensive Plan (September 1993) includes among its
goals the promotion of a stable and diverse local economy (Goal E-1 Economic
Development) by supporting the continued viability of existing employers, ensuring that there
is adequate and suitable space available, and engaging economic development agencies
serving the area in cooperative efforts to promote adequate and stable employment
opportunities within the parameters of Town policy, and
WHEREAS, the process of updating and revising the 2006 Economic Development Strategy
for Tompkins County has been completed by Tompkins County Area Development, bringing
with it new challenges and opportunities that can be more fully realized by formalizing the role
of the Coordinating Committee and converting it to an Economic Development Collaborative
with a mission to:
"Cultivate a prosperous and sustainable regional economy by building the economic
foundations, expanding opportunities, and fully engaging the community in ways
that reflect the community's strengths and values."
NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Town Board hereby
supports the concept of the Economic Development Collaborative and supports those
strategies outlined in the 2006 Economic Development Strategy for Tompkins County that are
consistent with the Town of Ithaca Comprehensive Plan and that will lead to the fulfillment of
the above described mission.
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
MOVED: Supervisor Valentino
SECONDED: Councilman Engman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 8 - Consider Adopting a National Incident Management System
(NIMS) as the Town of Ithaca's Official All Hazard Incident Response System
Dan Walker told the Board that the National Incident Management System is a way that we
tie local agencies with state agencies to the federal agencies in the event of a disaster or
emergency. There is training scheduled this week both at the Town's Public Works Facility
and in the Town of Caroline. All the different agencies are coordinated through the Incident
Command System headed up by the County Emergency Operations Coordinator, Lee
Shurtluff. The NIMS System is a way of integrating all the different states into the federal
support system. To be in compliance and to get federal funding for mitigation, local
municipalities need to adopt the National Incident Management System. The Town has
already gone through a program and set up a mitigation plan with the County for emergency
management. Since we have a plan we're now eligible for mitigation funding when it
becomes available. Mr. Walker told the Board that he will be doing an organized
presentation to the Board on the structure of the emergency response system in the near
future.
Supervisor Valentino told the Board that initial training, which the Board is required by law to
do, will be offered on Friday September 15, 2006 at the Public Works Facility. It is an all day
training session. Caroline is also offering the training on Saturday. The other alternative is to
take the course on-line; the website is listed in the latest Association of Towns magazine.
IB RESOLUTION NO. 2006-177 Adoption of the National Incident Management System
(Attachment # 5 - Memo)
It is hereby resolved by the Town Board of the Town of Ithaca, State of New York that:
Whereas, in Homeland Security Presidential Directive (HSPD)-5, the President directed the
Secretary of the Department of Homeland Security to develop and administer a National
Incident Management System (NIMS), which would provide a consistent nationwide approach
for federal, state, local and tribal governments to work together more effectively and
efficiently to prevent, prepare for, respond to, and recover from domestic incidents,
regardless of cause, size or complexity; and
Whereas, the collective input and guidance from all federal, state, local and tribal homeland
security partners has been, and will continue to be, vital to the development, effective
implementation and utilization of a comprehensive NIMS; and
Whereas, it is necessary that all federal, state, local, and tribal emergency management
agencies and personnel coordinate their efforts to effectively and efficiently provide the
highest levels of incident management; and
8
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Whereas, to facilitate the most efficient and effective incident management it is critical that
federal, state, local, and tribal organizations utilize standardized terminology, standardized
organizational structures, uniform personnel qualification standards, uniform standards for
planning, training, and exercising, comprehensive resource management, and designated
incident facilities during emergencies or disaster; and
Whereas, the NIMS standardized procedures for managing personnel, communications,
facilities and resources will improve the state's ability to utilize federal funding to enhance
local and state agency readiness, maintain first responder safety, and streamline incident
management processes; and
Whereas, the Incident Command System components of NIMS are already an integral part of
various incident management activities throughout the state, including all public safety and
emergency response organizations training programs; and
Whereas, the National Commission of Terrorist Attacks (9-11 Commission) recommended
adoption of a standardized Incident Command System.
Now, therefore, be it resolved that the Town Board of the Town of Ithaca adopts the National
Incident Management System for all incident management in the Town of Ithaca.
MOVED: Councilman Burbank
SECONDED: Councilman Cowie
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 12 - Discussion and consideration of setting a public hearing
regarding a proposed iocal law adding a chapter to the Town of Ithaca Code titled
"Outdoor Lighting"
The Board has seen a presentation on the local law and received a copy as part of earlier
Town Board meetings.
TB RESOLUTION NO. 2006-178 : Consider setting public hearing regarding a Local
Law adding Chapter 173. titled "Lighting. Outdoor" to the Town of Ithaca Code, and
amending Chapter 221 of the Town of Ithaca Code, titled "Signs." and Chapter 270 of
the Town of Ithaca Code. Titled "Zoning." to add references to the Outdoor Lighting
Law
BE IT RESOLVED that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall, 215 North Tioga Street, Ithaca, New York on the 16th day of October 2006, at
7:00 pm for the purpose of considering a proposed a Local Law adding Chapter 173, titled
"Lighting, Outdoor" to the Town of Ithaca Code, and amending Chapter 221 of the Town of
Ithaca Code, titled "Signs," and Chapter 270 of the Town of Ithaca Code, titled "Zoning," to
add references to the Outdoor Lighting Law.
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
RESOLVED, that at such time and place all persons interested in the proposed local law may
be heard concerning the same; and it is further
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to
publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca,
Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said
publication and posting to occur not less than ten days before the day designated above for
the public hearing.
MOVED: Councilman Engman
SECONDED: Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 13a - Discussion and decision on proposed local law amending
chapter 270 of the Town of Ithaca Code titled "Zoning" regarding solar collectors and
installations (Attachment # 6 - Memo, Letter and Photos )
Mr. Engman, speaking as Chair of the Codes and Ordinances Committee, told the Board that
the proposed local law is before them without a recommendation from the Codes and _
Ordinances Committee. He thought it should be extremely rare that committees send ! ^
something on without a recommendation but reported that the committee was split on certain
elements of the law. Since then, the proposed local law has been before the Planning Board,
the Zoning Board of Appeals, and the Conservation Board. Prior to review by other Boards,
the Codes and Ordinances Committee had gotten input from a number of community folks
who were familiar with solar, who have installed them, who have used them. They got a
great deal of input and discussion on the topic. There seem to be two basic camps. One
camp says that, in effect, the lower numbers should be used because of aesthetic
consideration so that there can be another layer of review to help protect neighborhood
consistency and neighbors' consideration. On the other hand, the other side basically says
we already allow solar on rooftops of any size, any place, anywhere therefore why, just
because they are free standing would there be a difference. If we are truly interested in
alternative energy we ought to be as generous as possible on the numbers.
Giving his personal opinion on the issue, Mr. Engman stated that he would like to see the
Board go to the larger numbers because: 1) the Conservation Board has looked at it and he
thinks they are very attuned to the needs of folks to be environmentally sensitive and to
create alternative energy and they have recommended the higher numbers across the board;
2) he also thinks aesthetics arein the eye of the beholder and personally thinks the solar units
are beautiful. He does not mind seeing them in the front yard, back yard, side yard, or any
place else anybody wants to put them. Mr. Engman is convinced by the testimony they had
in Codes and Ordinances that 1,000 square foot for the size is the size that a regular size
household would need if they were trying to provide the energy for a household. You can i
have smaller household solar units, but then you'll have to have some alternative supply of
energy for heating; it takes a great deal of solar in order to heat a place. The other thing that
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moved Mr. Engman was when some of the folks had to get a special permit in order to put up
solar arrays, they were quite upset about the additional red tape they had to go through. Mr.
Engman reported having sat in meetings where the Town of Ithaca was castigated for being
anti-alternative energy because we didn't make it easier for people to get solar and other
types of energy. To some degree, Mr. Engman thought this was going to be self regulating.
This is a very expensive proposition. You don't build a bigger sized unit than what you can
afford because it is just too expensive and when you sell it back, if you have extra energy, to
NYSEG you can sell back at the retail rate the amount you might use in a year. If it is
anything above that, NYSEG will only pay you the wholesale rate which is about half. So
there isn't a lot of financial incentive to over build. The other factor that came to bear for Mr.
Engman was that the sun comes up and sets in one place and that determines where you
can get your best solar energy. So if it's the front yard and you're not allowed to put it in your
front yard, then it may cause people to cut down trees in their back yard to get enough solar
access or they simply may not have any other access to decent solar and therefore they
wouldn't be able to have it at all. Mr. Engman's feeling is that some folks would rather see
solar arrays in the front yard because they have a nice deck and their neighbors have a solar
array, I think they'd rather look at their neighbor's nice deck or garden other than the solar
array. For all those reasons, Mr. Engman preferred to have the higher numbers as
recommended by the Conservation Board.
Mr. Engman moved that the Board fill in the blanks with the 20-foot height, 1,000 square foot
maximum for the size of the array, and the permission in any yard of the house. Mr. Burbank
seconded the motion for sake of discussion.
In response to questions from Ms. Valentino, Mr. Kanter reported that both the Planning
Board and the Zoning Board recommended the more conservative of all three of the criteria
which was: 500 square foot surface area, 15 foot height, and not allowing them in the front
yard.
Mr. Burbank stated that he was completely supportive of encouraging this and making as little
red tape to make these happen while protecting the interests of the people that live adjacent
and have to view the arrays and may not be deriving a direct benefit. He thinks there is a real
difference on the potential impact depending on yard. He did not know if this was ever
discussed in the committee, but Mr. Burbank felt they might want to distinguish between
residential zones. The potential impact is far, far greater in a small property and a densely
populated property than it would be in a low density zone. Mr. Engman responded that the
setbacks still apply. Mr. Burbank acknowledged that but still the examples they have seen
where the panels are far off in a very large field is very different than on a yard that's 100 feet
across. Mr. Burbank saw no problem in requiring a review process if the array was going to
be sited where it is most visible which would typically be the front yard. It's going to depend
on the property. There may be situations where that is literally the only place that would
work, but he would not consider it a great burden to go through a review process for
permission to set it and give his neighbors a chance to speak to the aesthetics and give a
board a chance to consider whether this is truly the right setting.
Councilman Stein stated that if he had to vote now he would vote for the smaller limits. Mr.
Stein likened a 1,000 square foot array to one of the walls in the boardroom. He stated it was
an immense structure. He thought that from his outlook of life on walking, the character of a
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neighborhood looks like what you see in the front yard, not what you see in the back yard.
Mr. Stein thought if he walked down Christopher Lane or Simsbury Drive and saw something
1,000 square feet in size standing in a front yard, while it is true that beauty is in the eye of
the beholder, everything would be changed by that structure, the whole walk would be —
dominated by that. Back yards are pretty private and Mr. Stein thought a person ought to
have more freedom to do what he or she wants in the back yard than they ought to in the
front yard. He thought that allowing someone to build something this big without a review
process or even in a front yard even smaller without a review process is a mistake.
Mr. Cowie had two questions. Does the Town have any idea what percentage of solar
installations is not on roofs, in the nation, in the state? What percentage of the installations
are we talking about that would possibly in front yards? Mr. Walker responded stating the
three recent applications that have come in have all been free-standing. Mr. Stein asked if
Mr. Walker knew why that was. Mr. Walker knew that for the first one that was built, the
person's house sits in the middle of a bunch of trees. Some roofs are not structurally
designed to carry the weight. Ms. Valentino reported she has heard that climbing up on the
roof to do the maintenance can be problematic. Mr. Cowie reported having read the
discussion between Susan Brock and David Mountin regarding "qualified installer" and didn't
understand it. He stated that this was an emerging technology and thought the Town wanted
to allow "a thousand flowers to bloom" on this and he didn't understand how they were
limiting things to qualified installers. Ms. Brock stated that one of the code enforcement
officers who has had some training in this area felt that it was important that the Town have
certain criteria that it could apply so that it could determine that people who are actually doing ^
the installations had adequate knowledge and training. Some of the language they put into
the local law is similar if not identical with that which is in a national electrical code that the
code enforcement officer has to apply. The Town is requiring that people be qualified and
there are certain ways that one can be qualified. One is being on NYSERTA's list or being
certified by the North American Board of Certified Energy Practitioners. There is also a
provision that if the Town determines that people have adequate training they can also be
deemed to be qualified even if they aren't on the list or they don't have that designation. Mr.
Cowie was bothered by this; it seemed like another layer of red tape. Mr. Walker told the
Board that any electrical installation has to be inspected by the electrical inspector before we
can issue a certificate of occupancy. Plus there are opportunities, if you are going to go on
the grid, to feed power back into the grid. You've go to make sure you know what you are
doing. Mr. Cowie agreed stating that should be the end result of the inspection process, that
it's done right. Mr. Walker told Mr. Cowie that our inspectors do not inspect the electrical,
they are not electrical inspectors. There has to be a separate, certified, electrical inspection
done and a certificate issued. Mr. Cowie felt that fact actually worked in favor of his
argument. If you can do this, and it passes the test then you're in without having to be
certified, then do it, then pass the test. Mr. Walker thought most of the vendors that are
distributing the products are certified installers. They may not physically do all the work but
they would be the one supervising it and providing the materials. Ms. Brock thought part of
the rationale was for the safety of the person doing the installation. It is not just a concern
about whether they've actually wired things correctly, but do they understand the tremendous
amounts of voltage that they are working with and can they work with it safely. Mr. Kanter
thought that Camilla was concerned about homeowners installing their own fixtures and trying i
to have some process where that could be overseen by the Town.
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Mr. Carvill asked whether individuals could collectively purchase a vacant lot and put in a
"solar panel farm". He asked the Board how the proposed local law would address such an
installation; would it be a different type of application. Mr. Engman stated that as far as he
read the law, as long as you obey the setbacks and have the square footage in the law you
could do that on a bare lot. Mr. Burbank stated that in practical terms the maximum size of
1,000 square feet would not be enough to power multiple homes. Mr. Carvill asked if
someone could sell solar power generated on their property to five of their neighbors. Mr.
Engman told him a person wouldn't be able to do that through the grid because NYSEG
controls the grid and you would have to sell it just to them. If you went into a battery storage
system, Mr. Engman did not think it would be effective enough to make it feasible. Right now
solar, wind, most of the technologies are not economically viable. The only way you can
afford to do it is with subsidies and right now there are some pretty good government
subsidies so it is viable. There isn't a lot of money to be made from solar, at least with the
technology that is around now.
Mr. Burbank asked if it was legal in the Town for people to do their own electric and have it
inspected. Mr. Walker told him that the Town has no licensing requirements for electricians
or plumbers.
Supervisor Valentino interrupted discussion to open a public hearing.
Agenda Item No. 9 - Public Hearing regarding proposed local law adding chapter to the
Town of Ithaca Code, titled "Stormwater Management" regarding repair of stormwater
management facilities and recoverv of Town charges
Supervisor Valentino opened the public hearing at 7:00 p.m. Notice of the public hearing had
been posted and published as required.
The Board returned to discussion of the solar collector law.
Agenda Item No. 13a - Discussion and decision on proposed local law amending
chapter 270 of the Town of Ithaca Code titled "Zoning" regarding solar collectors and
installations (continued)
In response to the questions raised by Mr. Carvill, Councilman Stein stated that it was clear
to him that the proposed local law would not allow someone to transfer their rights to put a
solar array on to another property and then have people transfer their rights to that property.
That sounded clear to Mr. Stein.
Jon Bosak, 1448 Trumansburgh Road (Attachment - written statement)
Mr. Bosak asked for and was given permission to address the Board. He told the Board he
also represents a citizens group called TC Local and was fully supportive of Mr. Engman's
comments. He read a statement to the Board in support of solar energy.
Supervisor Valentino told the Board that there needed to be a recommended proposal for the
local law before the Board could set a public hearing.
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Councilman Stein moved a substitute motion (a substitution for Mr. Engman's earlier motion)
based on the dimensions recommended by the Planning Board including 15 foot height
maximum, 500 square feet in size, with the location in rear and side yards only. Supervisor
Valentino seconded the motion.
The Board debated Councilman Stein's substitute motion. Councilman Engman and
Councilman Burbank expressed that they were not in favor of Councilman Stein's motion.
Councilwoman Gittelman proposed a third substitute motion to separate out each of the three
elements and vote on them separately. The Board discussed whether or not, pursuant to
Roberts Rules of Order, there could be more than one substitute motion under discussion at
one time. They determined that there could and Supervisor Valentino seconded
Councilwoman Gittelman's substitute motion. Councilman Stein explained that
Councilwoman Gittelman's substitute motion would have to be brought up against his and if it
survives, then brought up against Councilman Engman's.
The Board voted on Councilwoman Gittelman's substitute motion against Councilman Stein's
substitute motion. Supervisor Valentino, Councilman Burbank, Councilwoman Gittelman,
Councilman Engman, Councilman Cowie voted in favor of Councilwoman Gittelman's
substitute motion. Councilman Stein voted against the motion.
The Board then voted on Councilwoman Gittelman's substitute motion against Councilman
Engman's substitute motion. Supervisor Valentino, Councilman Burbank, Councilwoman ^
Gittelman, Councilman Stein, Councilman Cowie voted in favor of Councilwoman Gittelman's
substitute motion. Councilman Engman voted against the motion. '
The three elements to be voted on were height, square footage, and location by right. Height
in question is 15 feet versus 20 feet; square footage is 500 square feet versus 1,000 square
feet; location is by right in side and rear yard only or side, rear, and front yard by right.
Supervisor Valentino stated that these would be straw votes, but the "in favor" number would
carry to the resolution to be adopted.
Supervisor Valentino asked how many board members would be in favor of a 20-foot height
limitation. Four in favor.
Supervisor Valentino asked how many board members would be in favor of allowing 1,000
square feet. Three board members were in favor of 1,000 square feet and three were against
resulting in a tie vote.
Supervisor Valentino asked how many board members were in favor of allowing solar panels
anywhere by right as long as they met the setback requirements. Two board members in
favor (Councilman Cowie and Councilman Engman). Supervisor Valentino assumed that the
other board members were in favor of getting a variance.
n
Supervisor Valentino summarized that requiring a variance for the front yard had strong
support. There was clear support for a 20-foot height limitation and there was a tie vote on
the square footage allowed. Councilman Burbank proposed that the Board split the
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difference between 500 and 1,000, and permit 750 square feet. The Board discussed the
proposal of allowing 750 square feet.
Supervisor Valentino made a motion to accept the height at 20 feet, accept the square
footage at 1,000 feet, and the front yard by area variance. Councilman Stein did not think the
motion was in order. He thought that the motion on the floor was Councilwoman Gittelman's,
which was to vote on each issue separately. Supervisor Valentino agreed to vote on each
issue separately and withdrew her motion.
Supervisor Valentino stated that they have Councilwoman Gittelman's motion on the floor
that the Board vote on the issues separately. The Board discussed whether or not the Chair
could cut off discussion. They agreed that the Board as a whole had to vote to end
discussion. Supervisor Valentino asked for a vote on closing discussion. The Board agreed
to hear additional comments from Councilman Stein. Councilman Stein and Councilman
Engman discussed alternative energy uses and issues.
Supervisor Valentino brought the Board's attention back to the three items that they needed
to vote on. She asked how many board members were in favor of the 20-foot height.
Councilman Cowie, Councilman Engman, Councilman Burbank and Supervisor Valentino
voted in favor. Councilman Stein and Councilwoman Gittelman voted against. The majority
voting in favor.
She asked how many were in favor of 1,000 square feet. Councilman Cowie, Councilman
Engman, Councilman Burbank and Supervisor Valentino voted in favor. Councilman Stein
and Councilwoman Gittelman voted against. The majority voting in favor.
Supervisor Valentino asked who was in favor of allowing solar panels in the front yard, side
yard, rear yard by right, without having to obtain a variance. Councilman Cowie and
Councilman Engman voted in favor. Supervisor Valentino, Councilman Burbank,
Councilwoman Gittelman, Councilman Stein voted against. The majority voting against.
She then asked how many were in favor of a variance for location in the front yard.
Supervisor Valentino, Councilman Burbank, Councilwoman Gittelman, and Councilman Stein
voted in favor. Councilman Cowie and Councilman Engman voted against. The majority
voting in favor.
Agenda Item No. 13b - Consider setting a public hearing regarding a proposed local
law amending chapter 270 of the Town of Ithaca Code titled "Zoning" regarding solar
collectors and installations
The Board agreed on October 16, 2006 at 7:15 p.m. as the date and time for the public
hearing.
Supervisor Valentino moved the resolution. Councilman Engman seconded. Motion carried
unanimously.
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Approved October 16, 2006
TB RESOLUTION NO. 2006-179: Consider Setting Public Hearing Regarding Proposed
Local Law Amending Chapter 270 of the Town of Ithaca Code. Entitled Zoning.
Regarding Solar Collectors and Installations
BE IT RESOLVED that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall, 215 North Tioga Street, Ithaca, New York on the 16th day of October 2006, at
7:15 pm for the purpose of considering a proposed local law amending chapter 270 of the
Town of Ithaca Code, entitled Zoning, regarding solar collectors and installations, and it is
further
RESOLVED, that at such time and place all persons interested in the proposed local law 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 Engman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 9 - Cont'd
Supervisor Valentino asked if there anyone was present to speak regarding the "Stormwater
Management" local law. There was no one present wanting to address the Board and
Supervisor Valentino closed the public hearing at 7:33 p.m.
Agenda Item No. 10 - SEQR regarding local law adding chapter to the Town of Ithaca
Code, titled "Stormwater Management" regarding repair of stormwater management
facilities and recovery of Town charges (Attachment # 7)
Councilman Burbank moved adoption of the SEQR, Councilman Engman seconded the
motion.
Ms. Brock told the Board she had received the chapter number from General Code. The
resolution and short environmental assessment form should indicate that it will be Chapter
228 of the Town of Ithaca Code.
TB RESOLUTION NO. 2006-180 : SEQR: Proposed Local Law Adding Chapter 228 of
the Town of Ithaca Code. Titled "Stormwater Management." Regarding Repair of
Stormwater Management Facilities and Recoverv of Town Charges
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WHEREAS, this action is the enactment of a local law adding Chapter 228 of the Town of
Ithaca Code, titled "Stormwater Management" regarding repair of stormwater management
facilities and recovery of Town charges; and
WHEREAS, said proposed local law would require that privately-owned stormwater
management facilities be maintained in good working condition and kept in good repair; and
WHEREAS, said proposed local law would allow the Town to enter the private property to
make repairs or cause such repairs to be made should the owner fail to complete the repairs
after proper notification by the Town; and
WHEREAS, said proposed local law would provide a procedure for the Town to recover any
costs and expenses incurred by the Town in connection with any such repairs, and
WHEREAS, this is an unlisted action pursuant to the New York State Environmental Quality
Review Act (SEQRA) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of
the Town of Ithaca Code, for which the Town of Ithaca Town Board is acting as Lead Agency
in conducting an uncoordinated environmental review with respect to the enactment of the
above-described local law; and
WHEREAS, the Town Board, at a public hearing held on September 11, 2006, has reviewed
and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this
action, prepared by Town Planning staff;
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance based on the information in the EAR Part I and for the reasons set
forth in the EAR Part II in accordance with the New York State Environmental Quality Review
Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed
and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
MOVED: Councilman Burbank
SECONDED: Councilman Engman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 11 - Consider adoption of local law adding chapter to the Town of
Ithaca Code, titled "Stormwater Management" regarding repair of stornriwater
management facilities and recoverv of Town charges (Attachment # 8 )
Supervisor Valentino moved adoption of the local law. Councilman Engman seconded the
motion.
Ms. Brock asked that the chapter number. Chapter 228, be added to the local 181 and
resolution of adoption and indicated where those additions were needed.
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TB RESOLUTION NO. 2006-181: Resolution Adopting "A LOCAL LAW ADDING
CHAPTER 228 OF THE TOWN OF ITHACA CODE. TITLED "STORMWATER
MANAGEMENT." REGARDING REPAIR OF STORMWATER MANAGEMENT FACILITIES
AND RECOVERY OF TOWN CHARGES"
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 September 11, 2006 at 7:00 p.m. to hear all
interested parties on a proposed local law entitled "A LOCAL LAW ADDING CHAPTER 228
OF THE TOWN OF ITHACA CODE, TITLED "STORMWATER MANAGEMENT,"
REGARDING REPAIR OF STORMWATER MANAGEMENT FACILITIES AND RECOVERY
OF TOWN CHARGES"; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal;
and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall
of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act
("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law
is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency
in an environmental review with respect to adoption of this local law, has on September 11,
2006 made a negative determination of environmental significance, after having reviewed
and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared
by the Town's Planning staff;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law
entitled "A LOCAL LAW ADDING CHAPTER 228 OF THE TOWN OF ITHACA CODE,
TITLED "STORMWATER MANAGEMENT," REGARDING REPAIR OF STORMWATER
MANAGEMENT FACILITIES AND RECOVERY OF TOWN CHARGES", a copy of which is
attached hereto and made a part of this resolution; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local
law with the Secretary of State as required by law.
MOVED: Supervisor Valentino
SECONDED: Councilman Engman
Roll Call Vote: Supervisor Valentino aye
Councilwoman Leary absent
Councilman Cowie aye
Councilwoman Gittelman aye
Councilman Burbank aye
Councilman Stein aye
Councilman Engman aye
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Agenda Item No. 14 - 7:30 Youth Employment Recognition (Attachment # 9 n letter
from Stephen J. Colucci)
Mamie Kirchgessner, Recreation and Youth Coordinator, appeared before the Board and
gave a brief overview of the Youth Employment Program. Supervisor Valentino read into the
record a letter from Stephen J. Colucci regarding his son's participation in the program and
thanking the Town for providing his son with the opportunity.
Ms. Kirchgessner read the names of youth receiving certificates (Florence Baveye, Connor
Belcher, Nat Carlson, Matt Chen, Greg Colucci, Li Guo, Patrick Miller, Marcus Ny, Paul Rhee,
Jonah Rosenthal, Neil Shipman, Justin Song and Ermira Torlic) and explained where they
had worked over the summer. She introduced the students who were present for the
presentation.
Supervisor Valentino thanked staff and the students for participating in the project. Bill
Hawley from Lifelong made comments in support of the program and thanked the Town for
their support of the project.
Agenda Item No. 15-7:45 Public Hearing regarding noise permit application - Little
Big Shots
Jim Foster, Little Big Shots, appeared before the Board. He noted that the time of the noise
permit request had changed and the fireworks would occur between 6:00 p.m. and 7:00 p.m.
He described the fireworks display that was planned.
Supervisor Valentino asked if there were questions from the Board. Councilman Stein noted
that he had been looking over the application and one element of the application was to notify
neighbors of the noise permit application. He did not understand what was meant by the
comment that the Vineyard preferred to contact neighbors personally. Councilman Stein
clarified that what they are asking for is a list of neighbors that have been contacted. Mr.
Foster explained that, for the comfort of the neighbors, the Vineyard had wanted to make the
contact.
Councilman Burbank mentioned that this is the second noise permit application the Town
Board has received for fireworks as part of a wedding at the vineyard. He expressed his
concern over the Board setting a precedence of allowing fireworks exhibitions at the vineyard.
Mr. Foster explained that the vineyard was originally against the proposal and he worked with
the vineyard for the fireworks show. The display was designed to minimize noise and the
noisiest fireworks would only last 15 seconds.
Supervisor Valentino asked if members of the public were interested in speaking about the
noise permit. No one was interested in speaking.
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Agenda Item No. 16 - Consider granting noise permit to Little Big Shots
(Attachment #10)
Councilman Engman shared Councilman Burbank's concern regarding venues having
several displays throughout the year. He thought the Town should give some thought to how
to deal with it. Councilman Engman suggested the Town think about contacting the
neighbors themselves because they would receive more of a true response. He is unsure if
the Board gets a true response and it is hard to tell what the individual neighbors said.
Councilman Stein continued to be concerned that names of the neighbors contacted were not
listed. He thought that there was something wrong in the process when the Board requires
that the neighbors be informed of the hearing, but they do not know which neighbors were
contacted. Councilman Stein wondered who accepted the permit application and felt that it
should not have survived the process since names of the neighbors contacted were not
given. Ms. Hunter explained that she receives the application and pursuant to the Town's
local law, is supposed to put on the Board's agenda an application that she receives 45 days
before the proposed event.
Councilman Stein felt that he would need to vote against the application because the names
of the neighbors were not listed on the application. He thought that the applicant should be
informed that they needed to do that within the 45 days. Councilman Cowie commented that
an email indicated that a list of neighbors would be given to the Town.
Councilman Burbank noted that the application was received August 31 which is less than
the 45 days required. The application was not compliant by the 45-day limit. He stated that
earlier in the evening there was an application for a fireworks display, but the Town was not
permitted to grant an application received less than 45 days. Councilman Engman
commented that the actual signature date before the notary was August 25^*^. He wondered
what the checkpoint is in the law that starts the 45 days.
Ms. Brock stated the law states an application for such a permit should be filed with the Town
Clerk no less than 45 days before the anticipated need. Supervisor Valentino felt that the
Board would have to go by the date the permit was stamped as received. Ms. Hunter
commented that the initial conversation occurred within the 45-day timeframe. She
apparently did not have the paperwork until August 31 It may have come through Ms. Rice
and was forwarded to Ms. Hunter. Ms. Hunter commented that they have not had sufficient
conversations regarding the new noise law and they don't seem to be able to implement it
seamlessly. She feels that there needs to be further consideration and discussion. In
previous discussions at the staff meeting, they talked about the intent of the law and the
intent of the 45 days was so that the Town would have time to get a public notice in the
paper. She operated under the intent of the law assumption.
Councilman Stein stated that the Board turned down the previous application on the same
grounds. Supervisor Valentino did not think the Board could approve it because of the date it
was received and because of the concern Councilman Stein expressed earlier regarding a list
of neighbors notified.
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Councilman Engman thought that they needed to discern between whether the applicant
fulfilled responsibilities, or whether the Town, on their end, may have been fuzzy on some of
the requirements. If the applicant was given the indication that the process was started 45
days in advance and if it wasn't absolutely clear that the Town needed to have the list of
names in order to give the noise application, then the applicant should not be punished if the
Town has some responsibility. It appears to be unclear when the Town actually received the
application. Councilman Engman expressed he would not vote against the application based
on those issues.
Mr. Walker mentioned that during a site plan or subdivision review process, the Town locates
the property and identified all the residents within 500 feet of the property. Notices are then
sent to each resident. Technically, all that has to be done is a public notice in the paper.
Councilman Stein reiterated that the process did not allow the opportunity for neighbors to
speak against the application. Councilman Cowie asked if the law included a definition of
neighbors. Ms. Brock stated that the law reads, "notification has to be given to each person
reasonably expected to be affected by the noise." Mr. Foster noted that the site of the
fireworks is as close to the woods as ATP would allow.
Supervisor Valentino commented that the site of the fireworks is 500 feet from the road. She
also wondered if the closest house was occupied. Mr. Foster thought the house was
occupied.
Councilman Burbank thought that Mr. Foster had made a good case, but the Board was
bound by their recently passed noise ordinance. He wondered if they could interpret the time
that verbal communication began. Ms. Brock raised the issue of the involvement of both
Building and Zoning and the Town Clerk's office.
Mr. Foster warned the Board that fireworks are becoming very popular at weddings.
Councilman Cowie asked what was the expected height of the fireworks. Mr. Foster
explained that each cake is different, but they may reach 120 feet. Councilman Burbank
wondered if there would be so little noise that it would not be covered by the noise ordinance.
Mr. Foster offered to reduce the size from 2.5 to 2 inch. The decibels would be smaller and
he could make them burn twice as fast. The 2-inch cake would be half the time and half the
noise.
Supervisor Valentino asked if someone would like to move either the acceptance or denial of
the noise permit. Councilman Engman moved to accept the noise permit application and
Councilwoman Gittelman seconded. Ms. Brock noted that they need to indicate on the
resolution the period of time during which the fireworks would occur. Mr. Foster said it would
occur between 6 and 7:00 p.m. and for a period of time not longer than 15 minutes.
TB RESOLUTION NO. 2006-182 : Grant Noise Permit to Little Big Shots
BE IT RESOLVED, that the Town Board of the Town of Ithaca grants the request of Little Big
Shots for a noise permit for fireworks for a 15 minute period between 6:00 p.m. and 7:00 p.m.
on October 7, 2006 at the Six Mile Creek Winery, 1551 Slaterville Road, Ithaca, New York.
21
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
MOVED: Councilman Engman
\ -t
SECONDED: Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, nay; Councilman Cowie, aye.
Councilman Stein stated that he would like to have agreement that before the Board sees
another noise permit, there is a procedure in place to make sure there is advance notice of
the list of people who have been contacted.
The Board and staff discussed how neighbors could be notified in the future. It was agreed
that the same procedure should be followed as is followed by the Planning Board and Zoning
Board.
Councilman Burbank would like to refer the 45-day requirement to the Codes and Ordinances
Committee to see if it makes sense based on the Town's experience trying to implement it.
He would like to express to the owners of Six Mile Creek Vineyard that there is a concern that
requests for fireworks will become more frequent.
Ms. Hunter asked the Board to define "neighbor" for the purposes of notification. Councilman
Burbank wanted the Codes and Ordinances committee to look at the issue. ^
Mr. Foster invited the Board to visit the site the night of the fireworks so that they could see i
and hear the difference in fireworks.
Agenda item No. 17 - Acknowledge receipt and acceptance of NYS Office of Parks,
Recreation and Historic Preservation grant for Town plavground replacements
(Attachment #11)
The Board received copies of TB Resolution No. 2005-089 "Authorization to Apply for Parks
Development Grant to Replace Three Playgrounds" and an August 8, 2006 letter from B.
Castro of the New York State Office of Parks, Recreation and Historic Preservation awarding
a matching grant of $40,000. Supervisor Valentino noted that the Board does not need to
authorize acceptance of the grant because acceptance was part of TB Resolution 2005-089.
The Board acknowledge award of the grant money.
Agenda Item No. 18 - Consider approval of 2006 budget transfers and amendments
Councilman Burbank noted that the money for the dog enumeration has been used and
wondered if that meant the money would not be available in 2006. Supervisor Valentino
thought that it would be reinstated in 2007.
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
TB RESOLUTION NO. 2006-183 : 2006 Budget Transfers. Amendments and
Modifications for the Period January 1. 2006 to July 31. 2006
WHEREAS, the Town Supervisor and Town Budget Officer have reviewed all department
over and under expended expenditures for the operating period January 1, 2006 to July 31,
2006, and
WHEREAS, this review disclosed that certain budgeted expenses require a transfer and/or
modification of funding because the adopted budget amount has been over expended or
needs to be funded, and
WHEREAS, detailed are those disclosures for the Ithaca Town Board's review, discussion
and approval, and therefore be it
TOWN OF ITHACA
Budget Transfer, Amendments and Modifications
BUiQET JOURNAL
Account
General Townwide Fund
Description
FROM
(DEBIT)
(Under Expended Budgeted Appropriations)
Amount
A2401
A1440.420
A1620.400
A1680.401
A1680.421
A1680.481
A1680.495
A9060.800
A3520.402
A1920.401
A1460.448
REVENUES
Interest Earnings
APPROPRIATIONS
Dues & Publications
Buildings & Grounds Maintenance - Contractual
Maintenance & Repairs
Employee Education
Web Services
Network Support
Health Insurance
Dog Enumeration
Taxes on Town Owned Property
Nexis Electronic & Paper Support
8,453.78
208.00
1,006.14
24.67
580.00
2,200.00
279.80
4, 200.00
5, 000.00
1,307.63
2, 000.00
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
A1316.421
A1316.410
A1330.401
A1330.410
A1330.420
A1340.410
Employee Education
Conferences & Mileage
Printing of Tax Bills
Conferences & Mileage
Dues & Publications
Conferences & Mileage
Total Appropriations Under Expended Budget
Town Board
A1010.400
A1010.410
Town Justices
All 10.400
TO
(CREDIT)
(Over Expended Budgeted Appropriations)
APPROPRIATIONS
Contractual
Conferences & Travel
Contractual
Town Tax Collection
A1330.400 Contractual
Town Budget Officer
A1340.420 Dues & Publications
Legal Services
A1420.400 Contractual
Engineering
A1440.440 Personal Protective Equipment
Buildings & Grounds
A1620.411
A1620.414
A1620.431
A1620.409
Mechanical Maintenance & Repairs
Bottled Water & Coffee Service
Elevator Maintenance Contract
Water & Sewer
129.00
100.00
322.25
156.65
5.00
242.92
$ 26,215.84
108.61
2. 255.90
474.39
46.75
77.00
4,337.05
208.00
925.43
1,258.16
80.71
51.04
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Telephone System
A1650.400 Telephones
Information Technology
A1680.200
A1680.205
A1680.461
A1680.491
A1680.492
A1680.493
A1680.496
A1680.498
A1680.499
Equipment
Network Administration
Tools & Supplies
Software
GIS Support
SDG Support
DSUISP/Clarity Connect
Support Justice Court
Support Human Resources
Traffic & Transportation Planning
A3310.406 Transportation Study
Employee Benefits
1,700.88
1,981.63
86.73
57.51
193.28
116.75
550.00
3,011.52
50.00
33.00
4,411.50
A9050.800 Unemployment 4,200.00
Total Over Expended Appropriations
Ri Iini iDMAi
$ 26,215.84
General Part Town Fund
Account Description
FROM
(DEBIT)
(Revenue Resources in Excess of Budget)
Amount
B2110
B2401
B2680
B2691
B2701
RESOURCES
Zoning Fees
Interest Earnings
Insurance Recoveries
Other Town Permit Fees
Refund of Prior Years Expense
12,556.50
1,227.15
612.00
100.00
766.00
B599 Appropriation from Fund Balance 3,458.97
Total Resources in Excess of Budget $ 18,720.62
25
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
TO
(CREDIT)
(Over Expended Budgeted Appropriations)
APPROPRIATIONS
Legal Services
B1420.400 Legal Services
Information Technology
B1680.492
B1680.493
Zoning
B8010.401
B8010.408
GIS Support
BIdg/Zoning Code Support & Subscription
Legal Ads
Postage
Total Over Expended Appropriations
Account
BUDGET JOURNAL
General Part Town Highway Fund
Description
FROM
(DEBIT)
(Under Expended Appropriations & Excess Resources)
RESOURCES
DB2401 Interest Earnings
Information Technology
DB1680.200
DB1680.461
DB1680.401
DB1680.495
Hardware
Tools & Supplies
Maintenance
Network Support
Permanent Improvements
DB5112.504
DB5112.505
Christopher Circle
Muriel Street
17,799.12
116.75
89.75
300.00
415.00
$ 18,720.62
Amount
650.44
740.00
47.52
47.01
56.80
4,141.53
3,461.86
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Total Unexpended Appropriations & Resources In Excess of Budget
TO
(CREDIT)
APPROPRIATIONS
(Over Expended Appropriations)
General Government Support
Legal Services
DB1420.400 legal services
Information Technology
$ 9,145.16
DB1680.491
DB1680.495
DB5112.450
DB5112.453
Machinery
DB5130.202
DB5130.461
Software
Network Support
Transportation
Gasoline, Oil & Diesel Fuel
Road Repairs
Small - Equipment
Tools & Supplies
Total Over Expended Appropriations
1,284.39
133.38
124.00
471.28
3,481.25
189.00
3,461.86
$9,145.16
Account
BUDGETJOURNAL
Water Fund
Description
FROM
(DEBIT)
(Under Expended Appropriations)
APPROPRIATIONS
Amount
Information Technology
27
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
F1680.200
F1680.461
F1680.495
Hardware
Tools & Supplies
Network Support
T ransmission/Distribution
F8340.470 Line Repairs
Employee Benefits
F9060.800 Health Insurance
Total Under Expended Appropriations
TO
(CREDIT)
APPROPRIATIONS
(Over Expended Appropriations)
Legal Services
F1420.400 Attorneys
Information Technology
F1680.491
F1680.492
Software
GIS Support
Special Items
F1920.400 Taxes On Town Owned Property
Transmission I Distribution
F8340.404 Vehicle Maintenance
Employee Benefits
F9010.800
F9040.800
New York State Retirement
Workers Compensation
740.00
75.25
279.80
2,456.58
3,954.00
$ 7,505.63
Total Over Expended Appropriations
317.15
93.40
116.75
6.80
3,017.53
2,861.50
1,092.50
$ 7,505.63
28
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
BUDGET JOURNAL
Sewer Fund
Account Description Amount
FROM
(DEBiT)
(Under Expended Appropriations)
information Technoiogy
G1680.200 Hardware 740.00
G1680.461 Tools & Supplies 75.25
G1680.495 Network Support 233.99
Employee Benefits
G9060.800 Health Insurance 3,200.00
Total Under Expended Appropriations $ 4,249.24
TO
(CREDIT)
(Over Expended Appropriations)
APPROPRIATIONS
Legal Services
G1420.400 Legal Services 65.69
Information Technoiogy
G1680.491 Software 93.40
G1680.492 GIS Support 116.75
Special Items
G1920.400 Taxes On Town Owned Property 6.80
Sanitary Sewers
G8120.415 Telephones 250.03
G8120.450 Gasoline 516.57
29
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Employee Benefits
G9010.800 New York State Retirement 3,200.00 '
Total Over Expended Appropriations $ 4,249.24
RESOLVED, that Town Board approves, authorizes and directs the Town Supervisor and
Town Budget Officer to record these budget transfers and modifications and any other
budgetary items deemed necessary and appropriate.
MOVED: Councilman Stein
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda item No. 20 - Consider approval of Creation of Empiovee Reiations Committee
Councilman Stein thought that the representative on the staff personnel committee were
elected, but he noticed the resolution stated that they were appointed. Mrs. Drake explained
that they are elected and then Supervisor Valentino makes the final appointment. "
Councilman Stein moves the resolution and Councilman Cowie seconds.
TB RESOLUTiON NO. 2006-184 : Approvai of Creation of Empiovee Reiations
Committee
WHEREAS, pursuant to the Code of the Town of Ithaca, Chapter 18, Citizen and Staff
Advisory Committees, the Town Board may create a staff advisory committee, with the Town
Supervisor having the appointing authority; and
WHEREAS, the Town's Personnel Committee, which is comprised of three Town Board
members, recommends the creation of a Employee Relations Committee, which would serve
as a Staff Advisory Committee to the Town's Personnel Committee and/or Town Board; and
WHEREAS, from time to time throughout the year the Personnel Committee and the
Employee Relations Committee would meet jointly to discuss personnel related items, and
WHEREAS, the Employee Relations Committee would be comprised of 2 representatives
from the Public Works Facility, 2 representatives from the Town Hall facility, 2 representatives
from Bolton Point, and with staff support provided by the Human Resources Manager;
Now, therefore, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby creates a staff advisory
committee entitled the Employee Relations Committee; and be it further
30
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
RESOVED, that the committee shall be comprised of 2 representatives from the Public
Works facility, 2 representatives from the Town Hall facility, 2 representatives from Bolton
Point, with staff support provided by the Human Resources Manager; and, be it further
RESOLVED, that the Town Board of the Town of Ithaca hereby acknowledges the Town
Supervisor's Employee Relations Committee appointments as follows:
Public Works Facility: Donald TenKate and Larry Salmi
Town Hall: Susan Ritter and Dani Holford
Bolton Point: To be determined by Bolton Point General Manager
MOVED: Councilman Stein
SECONDED: Councilman Cowie
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 21- Consent Agenda
Councilman Stein moves approval of the consent agenda. Supervisor Valentino brought the
Board's attention to the additional consent item that she mentioned at the beginning of the
meeting. It is approval of a conference/training for a Justice Court Clerk. Supervisor
Valentino seconded the resolution.
TB RESOLUTION NO. 2006-185 : 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 August 14, 2006
b. Town of Ithaca Abstract
c. Bolton Point Abstract
d. Attendance at New York State Planning Federation Conference
e. Brush and Leaf Pickup Dates
f. Waive park use fee for student / resident picnic
g. Attendance at New York State Magistrates Court Clerk Conference
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
31
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
TB RESOLUTION NO. 2006-185a: Town Board Minutes of August 14. 2006
WHEREAS, the Town Clerk has presented the minutes for a Regular Town Board
meeting held on August 14, 2006 to the governing Town Board for their review and approval
of filing; now therefore be it
RESOLVED, the Town Board does hereby approve for filing the minutes for the
meeting held August 14, 2006 as presented at the September 11, 2006 board meeting.
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
TB RESOLUTION NO. 2006-185b: Town of Ithaca Abstract
WHEREAS, the following numbered vouchers have been presented to the Ithaca
Town Board for approval of payment; and
WHEREAS, the said vouchers have been audited for payment by the said Town
Board; now therefore be it
RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers
in total for the amounts indicated.
VOUCHER NOS. 2540 through 2681
P
P
General Fund Townwide $69,111.81
General Fund Part Town $6,813.27
Highway Fund Part Town $120,622.14
Water Fund $15,576.30
Sewer Fund $184,986.15
William & Hannah Pew Bikeway $6,092.79
Risk Retention Fund $382.50
Fire Protection Fund $167,778.12
Forest Home Lighting District $170.85
Glenside Lighting District $66.04
Renwick Heights Lighting District $91.95
Eastwood Commons Lighting District $185.21
Clover Lane Lighting District $21.38
Winner's Circle Lighting District $61.47
Burleigh Drive Lighting District $75.01
Westhaven Rd Lighting District $249.25
/ i
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Trumansburg Rd Tank Renovation $136,629.00
Debt Service $ 745.40
Trusts Agency $ 50.00
Coddinaton Rd Lighting District $ 147.09
TOTAL: $ 709.855.73
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
TB RESOLUTION NO. 2006-185c: 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
I RESOLVED, that the Town Board hereby authorizes the payment of the said
vouchers.
Voucher Numbers: 494-570, 572
Check Numbers: 9389-9401, 9403-9467
Operating Fund $ 172,559.36
1998 SCADA Capital Project $ 7,154.30
2002 Office Space Addition $ 2,536.56
2003 East Hill Tank Proiect $ 27.031.30
TOTAL $209.321.52
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
33
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
TB RESOLUTION NO. 2006-185d: APPROVAL FOR TOWN STAFF AND PLANNING
BOARD MEMBER TO ATTEND 2006 NEW YORK PLANNING FEDERATION
CONFERENCE j
WHEREAS, there are many new developments impacting the Town regarding planning, land
use, zoning and other regulatory issues; and
WHEREAS, the New York Planning Federation (NYPF) is holding its 2006 Planning & Zoning
Conference from October 8^"^ through October 2006, in Saratoga Springs, New York,
which provides programs and workshops on a number of current planning and zoning topics,
basic training for planning and zoning board members, and continuing education credits for
professional staff; and
WHEREAS, it will be beneficial to the Town to send staff and a member of the Planning
Board to this program; and
WHEREAS, the current Planning Department budget (Account No. B8020.403) includes
sufficient funds for this purpose;
BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby approve the
attendance of Susan Ritter, Assistant Director of Planning, and Fred T. Wilcox III, Chair of the
Town Planning Board, at the NYPF 2006 Planning & Zoning Conference from October 8*"^
through October 2006, at a total cost not to exceed $1,500.00 +/-, which includes m
registration, accommodations, meals, and other travel expenses, charged to Account
B8020.403 (Conferences and Mileage). 1
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
TB RESOLUTION NO. 2006 -185e: Set Fall Yard Waste Collection Dates
WHEREAS, the Highway Department provides yard refuse disposal services for the
Town of Ithaca residents;
WHEREAS, twice annually the Highway Department collects yard waste from
roadsides;
WHEREAS, this year the Highway crews will use the leaf vacuums the first week and
go around the Town once, thereafter, residents will be allowed to put biodegradable paper
bags at curbside on the each Monday in November, now therefore be it;
RESOLVED, that fall brush collection will start on October 16, 2006, until finished; and
34
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
RESOLVED, that the fall leaf and yard waste collection will commence on November
6, 2006, until finished.
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
IB RESOLUTION NO. 2006-185f: Waiving Permit Fee for use of lacovelli Park for
ithaca College/Communitv Workgroup Neighborhood Event
WHEREAS, the IC/ Community Work Group has requested the use of lacovelli Park for a
neighborhood brunch on September 24, 2006, from 12 noon to 2PM to provide an opportunity
for students and permanent residents of the Coddington Road/Pennsylvania Ave.
neighborhood to become acquainted, and
WHEREAS, The Town of Ithaca is an active participant in the Workgroup sponsoring the
event, and
WHEREAS, Ithaca College will be catering the event and have full setup and cleanup
responsibilities with no cost to the Town of Ithaca, Now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca waives the permit fee and security
deposit for this event.
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
IB RESOLUTION NO. 2006-185g: Authorization for Attending NYS Magistrates Court
Clerk Association 2006 Annual Conference
WHEREAS, the NYS Magistrates Court Clerk Association will be holding their 2006
Annual Conference on October 8, 2006 through October 11, 2006, in Nevele Resort and
Country Club, Ellenville, NY, and
WHEREAS, the attendance at the said conference, by Linda Featherbay, Court Clerk
will benefit the Town of Ithaca by providing additional schooling from said training session;
now, therefore, be it
RESOLVED, that the governing Town Board of the Town of Ithaca does hereby
authorize Linda Featherbay, Court Clerk, to attend the NYS Magistrates Court Clerk
35
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Association 2006 Annual Conference, to be held in Nevele Resort and Country Club,
Ellenville, NY, on October 8, 2006 through October 11, 2006; and be it further
RESOLVED, the cost not to exceed $650 for registration, lodging, meals and travel is
to be expended from A1110.410.
MOVED: Councilman Stein
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
Agenda Item No. 26 - 8:00 p.m. Presentation, Coddinqton Road reconstruction project
John Lampman f Attachment # 12 )
John Lampman appeared before the Board and gave a presentation on the proposed
Coddington Road reconstruction project.
Supervisor Valentino opened the floor for public discussion and comment. She asked that
people keep their comments to 5 minutes.
Bill Lesser, 406 Coddington Road p*
Mr. Lesser thanked the Board for their ongoing interest and concern about the project. He T
made the following statement: '
I think from the residents' point of view, one of the big frustrations here is the frequent talk we
hear about safety. Safety being described totally in terms of width of the road and sight
distances. However, as we teamed very well from the Transportation Committee, when you
make...(tape flipped)...Tonight is the first night time we have heard anything systematically
about roundabouts. That sounds like a really plausible way of traffic calming, but we really
believe those who travel 55 on a 40 mile an hour area probably aren't going to be greatly
deterred if the shoulder happens to brown rather than black. I think that was part of the
reason of the skepticism. So I would say that the people on the road are very concerned
about the safety and we just see speeds increasing and if you want to get an indication of
what is going to happen on the road when Mr. Lampman refers to sight distances of 45 miles
an hour, if you look on the design that is pasted on the wall, the green areas indicate the full
extent of the leveling of the road because in order to increase the sight distances, there are a
number of areas that are either going to be built up or cut down. Not only is the road going to
be.. .the pavement going to be 50% wider than it is now, the whole impact of the road is going
to be increased quite substantially because of the leveling that is going to go on. So it is
going to be a very different road. It is going to be straighter and far flatter and people are
going to definitely go faster. Some roundabouts at the Ithaca College entrance and Burns
Road would slow it, but as we can see, there are substantial stretches in between where
there is no reason to believe that people aren't going to do it. Indeed, I think it was Jonathan,
who said that the result showed that when people are slowed up in one area, they sometimes
go faster to make up the distance in between. So we would really appreciate any input that
the Town Board could have to recognize what an impact on the community and what a
36
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Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
further likely reduction in safety there is going to be. It is going to be an area for bicyclist and
pedestrians, but there are going to be faster vehicles. And again, the net benefit there is not
entirely clear.
One final point goes a little bit passed the area that is in the Town that we are not
talking about, but I think any...I personally believe any discussion about diverting traffic onto
the City portion, the hook if you will, of Coddington Road exiting out on 96B is very
inappropriate because that is an extraordinarily dangerous intersection where you come in
96B Just at the area where it widens out into the four lanes where people either accelerate or
are reluctant to slow down and merge into two lanes and you come out at quite a bleak angle
with a relatively small sight distance, two lanes to cross if one is heading south. I think that
is, without significant investment in that intersection, I think that would be a very, very unsafe
to do. Thank you.
Councilman Cowie asked if Mr. Lesser was advocating for any portion of the project. Mr.
Lesser thought the neighborhood realized the reason the project was being done, poor
roadbed condition and the need for a shoulder. He was in support of not doing as much
leveling of the road and advocated the proposed roundabouts and thought one should be
considered at the Troy Road intersection. Residents have recognized the need for a much
safer pedestrian passage from Ithaca College to the sidewalks on Hudson Street.
Conversations were held with Ithaca College about passing over their land and coming out at
the intersection of Hudson and Coddington Roads, but it is Ithaca College land and would be
their choice
Councilman Stein commented that the narrowest lane allowed by the New York State
Department of Transportation does not allow one to keep the current configuration of the
road. Mr. Lesser commented that if one were to look at the New York State Department of
Transportation website, there is a section on community sensitive design. It gives a series of
reasons why the standard specifications may not be followed. He felt that it would take a
significant effort and commitment by someone to seek approval from the State. Councilman
Stein wondered if Mr. Lesser was looking for someone to put a concerted effort into seeking
approval from the State. He asked Mr. Lampman if that was a possibility. Mr. Lampman
explained that the draft designs sent to the State included 10-foot lanes. The State's first
comment was that it needed to change.
Supervisor Valentino added that she was very concerned early on because of the size of the
lanes. She spoke with members of the County Legislature about narrower lanes and whether
they would pass a resolution in support of that. It was felt that there was not a need for them
to do that. Supervisor Valentino would still like a concerted effort by the community, and
County and Town elected officials to make their case to the State for narrower lanes.
Mr. Lampman thought that taking the request to a higher level in the State might be
something to try on the staff level. Should that fail, then there may be a place for the elected
officials to get officials to get involved as well. Supervisor Valentino asked Mr. Lampman if
he would help the Town with that request. Mr. Lampman said that he would.
Councilman Cowie wondered if anything could be done with regard to the natural topography
of the road. Councilman Stein asked if the State required roads to be leveled by grading. Mr.
37
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Lampman explained that the standard way of handling this type of project would be to go by
the design speed approved.
A member of the audience asked why the County was entering Spruce Way^ Mr. LampmanexSaE that on the drawing with the green, the parking area proposed f widen ^
section of the road on the north end considerably. The County proposed to enclose the dit
on the west side of the road and shift the centerline over to compensate for the widtK
In the area around Spruce Way, traffic would be driving on the shoulder on the
the intersection. Currently there is a vertical face on each side of Spruce Way that if traff c
were pushed over 5 or 6 feet closer to the intersection, the intersection sight distance would
be below standard. The drawings envision taking the slopes off to open up the intersection
sight distance if Coddington Road were closer to Spruce Way.
Male voice made Inaudible comments. In response to these comments Mr^ Lampmanexpressed that he did not think the change in the intersection would change the speed on the
road because it would not change traffic on the road.
Supervisor Valentino brought the discussion back to the board, phe comrnented that the^^^
would be another public meeting. Mr. Lampman would be ooking ®^°^ments ai^dSupervisor Valentino assumed that they would see some of the changes at the public
meeting. Mr. Lampman concurred. He stated the drawings only reflect the proposal with the
parking lane. Removing the parking lane would change the drawings.
Supervisor Valentino stated that the Town and the County would see what they could do
about having a serious contingent make their case to the State regarding ^
Lampman agreed. Supervisor Valentino thanked everyone for coming and for their
comments. She invited the public to provide additional comments to the Board through email
or phone conversations.
Agenda Item No. 22 - Report of Town Officials (Attachment# 13 )
Director of Planning ^ . ... . ^
Mr Kanter referred to the annual inspection report on the Ferguson Easernent, whichrequirement of the Agricultural Preservation Program. Every year the Town has to follow up
on the easements acquired to make sure the property owner is following the easement
requirements. The property is in compliance with the easement.
Councilman Burbank expressed concern that they are moving forward with the formal letter of
intent to the State for the Gateway Trail. He felt that it was dragging on and it needed to be
done with all due haste. He didn't want the money to disappear.
Mr Kanter said they had no indication that the money would disappear. There are certain
components of the project that the Town cannot do alone and they need City input on those
components.
Manager of Human Resources •
Ms. Drake reported that the Town was able to apply for a 50/50 grant through Workman s
Comp towards the defensive driving course the Town offers every 3 years. Supervisor
38
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
Valentino added that It also looks like the health insurance costs might be below the
projected budget amounts.
Attorney for the Town
Ms. Brock stated that an issue has come up that she would like to give the Board advice on in
closed session.
Agenda Item No. 23 - Report of Town Committees
Supervisor Valentino reported the Recreation Partnership would be funded by the County
through the end of this year, but not funded for 2007.
Councilman Burbank reported that the Transportation Committee is nearing final work on the
draft of the Transportation Plan. Mr. Kanter added that it would be brought to the Board in
October.
Mr. Walker reported that the Ithaca College Community work group is sponsoring a welcome
back brunch for the students. The Town Board approved the waiver of fees for that permit.
Ithaca College will be hosting a brunch for the neighbors and students at lacovelli Park
September 24, 2006 12:00 to 2:00 p.m.
Supervisor Valentino mentioned she attended the Overlook ribbon cutting. She thought the
Town Board should feel very proud of the project. The apartments are fantastic. They are
designed to be energy efficient, which will cut the costs for people who live there. The
apartments are currently over 70% full. Overlook has placed 11 homeless families in
apartments. She felt it was a great model for affordable housing in the community.
Councilman Engman asked if there was any mention of whether Cayuga Medical Center
employees had moved in. Supervisor Valentino responded that there were not as many as
they thought there would be. They are going to try to do more recruiting for CMC employees.
EXECUTIVE SESSION
Supervisor Valentino moved that the Town Board move into Executive Session to discuss the
personnel history of three employees. Ms. Brock corrected that the appropriate language is
to discuss employment histories of three particular people. Councilman Burbank seconded
the motion.
TB RESOLUTION NO. 2006-186: Entering Executive Session to Discuss Emplovment
Histories of 3 Particular Persons
BE IT RESOLVED, that the Town Board of the Town of Ithaca enters into executive session
at 9:40 p.m. to discuss employment histories of three particular persons.
iM MOVED: Supervisor Valentino
SECONDED: Councilman Burbank
39
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye. n
I n
IB RESOLUTION NO. 2006-187 : Returning to Open Session
BE IT RESOLVED, that the Town Board of the Town of Ithaca return to open session at
10:04 p.m.
MOVED: Councilman Burbank
SECONDED: Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
IB RESOLUTION NO. 2006-188: Authorization for Additional Service for SCLIWC
WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission requested
additional services from the Town of Ithaca for the Budget Officer for training and consulting
for the Administration Manager; and
n
WHEREAS, due to a change in staff the Southern Cayuga Lake Intermunicipal Water
Commission request from the Town of Ithaca the temporary services of the Budget Officer
through the end of 2006; and
WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission requested
that the Human Resources Manager assume all Human Resources duties for the
Commission from July 2006 on; and
WHEREAS, the Commission will reimburse the Town of Ithaca for additional wages
and fringes (see attached sheet) for the Budget Officer and the Human Resource's Manager
while providing said additional duties;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize the
additional services of the Budget Officer and Human Resources Manager to the Southern
Cayuga Lake Intermunicipal Water Commission; and be it further
RESOLVED, the Town Board authorizes the additional wage portion of the
reimbursement from Southern Cayuga Lake Intermunicipal Water Commission to be paid to
the Budget Officer and Human Resources Manager for the time period of the additional work
load as outlined on the attached sheet.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Gittelman '
40
Regular Town Board Meeting 9/11/2006
Approved October 16, 2006
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
TB RESOLUTION NO. 2006-189: Entering Closed Session to Seek Advise of Counsel
BE IT RESOLVED, that the Town Board of the Town of Ithaca enters into closed session at
10:05 p.m. to seek advise from counsel.
MOVED: Supervisor Valentino
SECONDED: Councilman Burbank
VOTE; Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
TB RESOLUTION NO. 2006-190: Returning to Regular Session
BE IT RESOLVED, that the Town Board of the Town of Ithaca return to regular session at
10:07 p.m.
MOVED: Supervisor Valentino
SECONDED: Councilman Engman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye.
ADJOURNMENT
On motion by Councilman Burbank the meeting was adjourned at 10:08 p.m.
Respectfully submitted.
\at
Tee-Ann Hunter
Town Clerk
NEXT SCHEDULED MEETING: October 5, 2006 Budget Meeting
41
TOWN OF ITHACA
TOWN BOARD
SISN-IN SHEET
DATE: Monday, September 11, 2006
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME
MMk t
CitfA J .4 ill i ^
PLEASE /'/?JA/r ADDRESS/AFFILIATION
JrtL
P O J M- sr^ 4 lrru^^^ I
JtHiPirA' fi-L g C (?M'-rOC.r
// L<^ f /G—
~ioVifv (_ vwo^^fN a ,OJ V,
^ 1
H
TOWN OF ITHACA
215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
WWW. town. ithaca. ny. us
TOWN CLERK'S OFFICE
PHONE (607) 273-1721 FAX (607) 273-5854
TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Ithaca will hold a
public hearing at 7:45 p.m. on the 11^^ day of September 2006 at Town Hall, 215 North
Tioga Street, Ithaca, New York, for the purpose of hearing a noise permit request from
Little Big Shots for fireworks on Saturday, October 7, 2006 from 8:00 p.m. to 9:00 p.m.
at Six Mile Creek Winery, 1551 Slaterville Road, Ithaca, New York.
FURTHER NOTICE IS HEREBY GIVEN, that at such time and place all persons
interested in the requested noise permit may be heard concerning the same; and
FURTHER NOTICE IS HEREBY 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.
Date: August 31, 2006
Tee-Ann Hunter,
Town Clerk
TOWN OF ITHACA
^ AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Neilsen, being duly sworn, say that I am the Deputy Town Clerk of the Town of
Ithaca, Tompkins County, New York that the following notice has been duly posted on the
sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in
the official newspaper, Ithaca Journal:
ADVERTISEMENT: NOTICE OF Public Hearing at 7:45 p.m. on the day
of September 2006 at the Town Hall, 215 North Tloga
Street, Ithaca, New York, for the purpose of hearing a
noise permit request from Little Big Shots for fireworks
on October 7, 2006 from 8:00 p.m. to 9:00 p.m. at Six
Mile Creek Winery, 1551 Slatervllle Road, Ithaca, New
York.
Location of Sign Board Used for Posting: Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: Thursday, August 31, 2006
Date of Publication: Saturday, September 2,
Paulette Neilsen,
Deputy Town Clerk,
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this^5fh day of September, 2006
Notary Public
CARRIE WHITMORE
Notary Public, State ot New York
, \ No. 01WH6052877
Tioga County
Commission Expires December 26,
TOWN OF ITHACA
NOTICE OF
PUBUC HEARING
NOTICE IS HEREBY GIV
EN, that the Town Board o]
the Town of Ithaca will hold
a public hearing at 7545
p.m. on the ilth day
^ September 2006 ot
Town Holl, 215 North
Tioga Street, Ithaco, New
York, for the purpose of
hearing a noiM peff"''f®"
quest nom little Big Shots
for fireworks on Saturday,
October 7, 2006 from
8:00 p.m. to 9:00 p.m. at
Six Mile Creek Winery,
1551 Slaterville Road,
Ithaca, New York.
FURTHER NOTICE IS ,
HEREBY GIVEN, thot at
such time and place all per
sons interested in the re
quested noise permit mw
be heard concerning the
'^"further NOTICE IS
HEREBY GIVEN, that indi
viduals with visual or n^-
ing impairments or other
special needs will be pro
vide with assistonce as
necessary, upon request.
Persons desiring assistance
must make o request to the
Town Clerk not less than 48 i
hours prior to the time of
the public hearing.
Dote: August 31, 2006
Tee-Ann Hunter,
Town Clerk
9/2/06
"fOLOO Of TTHdm ^£p£:t£r
ATTACHMENT 1
9/11/2006
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09-07-06:03:59PM;ATTACHMENT 2
#1/2
9/11/2006
TOWN OF ITHACA
215 NORTH TIOGA STREET, ITHACA, N.Y. 148^
www.town.ithaca.ny.us
H/.
b^o NAAOX VOVH [ \ '
1S3UV
TOWN CLERK'S OFFICE
PHONE (607)273-1721 FAX (607)273-5854
TOWN OF ITHACA NOISE PERMIT APPLICATION
IOC t dig
D 3 g) U (1
NAME/ORGANIZATION:Catij QiiTfilY
persons responsible for EVENT; fi iu. - QitUrr/ ff
ADDRESS; k/- STRli/ ^PHONE NUMBER: 9-1 5-^S'^
MM, iHSiT,Z^^umc ^ /f'J-ADDRESS OF PROPOSED EVENT:
PROPERTY OWNER: DiSfqi/
DATE PROPERTY OWNER NOTIFIED:
DATE APPROVAL OF PROPERTY OWNER GIVEN:9Moi
. TIME SCHEDULE OF PROPOSED EVENT: FA/. SlPTUitU^V^ , ">^1 ^
ESTIMATED NUMBER OF PERSONS ATTENDING EVENT:
SIGNATURE OF PERSON RESPONSIBLE FOR EVENT:
REASONS FOR SUCH USAGE:
-fo fdOHcri- :'59%rxf.
PLANS AND SPECIFICATIONS OF THE USE:
il2^6
Pur V
NOISE ABATEMENT AND CONTROL METHODS TO BE USED:
lhS^a^ joyj CyruAr\p-^ ^ "ifeA/ yj %
r\
tfl^ ^ 5pi^ - 10% _l
es
TcMn of Ithaca Noise Permit
Approved May, 13, 2002
TB Rasolution No. 2002-072
09-07-06;03:59Pm; : #2/2
f > DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO THE ORDINANCE:
NAMES AND ADDRESSES OF NEIGHBORS NOTIFIED:
~ ST.^ cnsr , y^8r6
AUTHORIZATION FOR PERMIT (From Town Noise Ordinance):
"Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in its
discretion, 1$ authorized to grant a permit for a specific waiver from the requirements of this Ordinance. Such
waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is
necessary for a valid purpose, that the proposed waiver is the minimal Intrusion needed, that on balance the
need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable
and quiet environment.
A public hearing before the Town Board_shall be held in connection with the application not less than five (5)
days after publication of-/iof/ce"orst;ch hean'ng in the Town's official newspaper. The Issuance of permits shall
be discretionary^ The Town Board may impose any conditions deemed necessary by such Board to minimize
the intrusion sound that might occur by the exercise of the privileges granted by the permit."
Applicant/nust conform to all provisions set forth in the "Ordinance Regulating Noise in the Town of
Ithaca'.l^/'^PIease refer to the attached Noise Ordinance.
THE UNDERSIGNED APPLICANT AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE,
COMPLETE AND CORRECT:
SIGNATURE OF APPLICANT:
DATE APPLICATION RECEIVED BY TOWN CLERK;
DATE APPROVED BY TOWN OF ITHACA TOWN BOARD:
PM DATE: QlSjoL
RESOLUTION NUMBER GRANTING AUTHORIZATION FOR PERMIT:
Town of Ithaca Noise Permit
Approved May, 13,2002
TB Resolution No. 2002-072
f •s
ATTACHMENT 3
9/11/2006
tiiiMta.20l»IHgHWCAi0UIINAL
'A
I \
f ^
Sxvoti^
loca^ns
changed in
Ibmpkiiis
Two dty locations,
Town of Ithaca and
Enfidd.|iteis.switched
From Journal staff;repoAs - :
i'ompldns Gqun^
Board qf Elections ^
changed die location^ of sax
Twoofthech^esaieindie
Gityrof Itha<^ dii^q aiieianl
the Town ofldiaca-hnd^ne;
is mdie Towh of
' n Voters in tlie df^s First
Ward <^j^cte 1 and 2, who
used to vote at MtWnative
OommunitySchool^willnow
VDteatGhefniTngGandTrust
Company^ 806 W; Buffalo
Street: . . •:
Those in the City's Fourth
Wdrd District 1 w
die AUce GodkHbuse; a^^
cbmier " of ; Stev^ " and
bfat'Gl^iSf'26 HklL
intheTQwnoflthaca; vot-
^^^dstrictsS^d^
la^-ilieif/bi^ at the
Goll^e Cirde Gommunity
Genter,1033Danby Road, in
stead, of at South HUlFire
Stadbiodte^Townpistrict
12 residents will vote iat Reis
Tenhis Center,230PineTree
Road, instead of at h^le-
wood Apartments.
Some voters in Tpvm of
Ithacatiistrid 7 vdUch|nge
their polling site. Votjers liv
ing at Ken^'at Itha^ and
scmie voters onthesiu^^
ing streets, will nowvote at
Kendal .at Ithaca, 2230 N.
Triphammer Road The rest
ofDistrict^ wiii continue to
vote at the
FheStdiQn.
The poDing pia^ for En-
fidddistiictsland2hasbeen
changed; from the E^eld
Gommunii^ /Building to
Enfieid Monenta^^S^bol,
20 Enfidd Mam Itoad
Electiom bffid^reihind
votem tp/watchfq^^
low card 'cbming in die mail,
whidiwptdlthenithe^vot-
inglocadpn.:
For ihfor^tion on this
of Met^pypaat 274^5522 or
die hPa^ Web site at
www.votetompkms.conL
AGEKBA#19
Tee Ann Hunter
Page 1 of 1
AGENDA#19
f From: Susan H. Brock [brock@ctai1tyconnect.com]
Sent: Wednesday, August 23,2006 3:45 PM
To: Tee Ann Hunter; Cathy
Subject: Election Law
Tee-Ann & Cathy,
Three follow-up issues regarding the Board of Election's redlstricting of the Town of Ithaca:
1.1 looked at caselaw under the NY Election Law, and it appears the Board of Elections can create districts after
the Town's cut-off date of February 15. Tee-Ann & I had wondered if the requirement for all districts to be created
by February 15 applied to the Board of Elections as well as to the Town—while no case directly addresses this,
the answer appears to be no.
2. The Election Law says polling places within districts are designated by the Board of Elections "in consultation
with" the towns. Of course, the Board of Elections will say it didn't consult with the Town t)ecause it was the
Town's failure to act by February 15 that forced it to create tiie new districts, and it shouldn't have to comply with
the consultation requirement for designation of polling places in such situations. The Town's response is that it
was the Board's failure to bring the numbers to the Town in a timely manner that caused the Town to miss the
Feb. 15 deadline, and the Board should have consulted with the Town alx>utthe polling places.
3. To know whether the redlstricting is proper, the Town needs to know how many voters are in Inactive status.
The Election Law defines "inactive status" as the category of voters who have failed to respond to a residence
> confirmation notice sent to them by the Board of Elections, and whose registrations have neither been restored to
the active rolls nor cancelled. The confirmation notice is sent to the voter after the Board of Elections receives
information not signed by the voter that the voter has moved (for example, mail from the Board of Elections is
retumed as not deliverable). The Election Law also contains the following:
"Such notices shall request all voters who receive the notice to reply with their current addresses and shall state
that voters who have not moved or who have moved within the county or city and who do not respond may be
required to vote by affidavit ballot and that if they do not vote in any election up to and including the second
federal election after such notice, their registrations may be cancelled. Such notices sent to addresses in New
York state shall also include a mail registration form and information on how voters who have moved to a different
city or county may reregister."
Susan
This electronic transmission contains legally privileged and
confidential information intended only for the person(s) named.
Any use, distribution, copying or disclosure by any other person
is strictly prohibited. If you received this message in error,
please immediately notify the sender by telephone at (607) 277-3995
(collect) or send an electronic mail message to brock@clarityconnect.com.
In addition, please delete all copies of this message from your computer.
\
9/5/2006
Page 1 of 1
A€E]VDA#19
Tee Ann Hunter
From: Susan H. Brock [brock@clarityconnect.com]
Sent: Wednesday, August 23, 2006 3:56 PM
To: Tee Ann Hunter; Cathy
Subject: polling places
One more thing-the Election Law says polling places must be designated by May 1st of each year. It does not
address the situation where the Board of Elections alters or creates districts after that date. But since the Board
can alter or create districts only if the Town fails to act by February 15, presumably the Board of Elections should
be expected to meet the May 1 deadline. The only exception to this deadline is "If, within the discretion of the
board of elections a particular polling place so designated is subsequently found to be unsuitable or unsafe or
should circumstances arise that make a designated polling place unsuitable or unsafe, then the board of elections
is empowered to select an alternative meeting place."
Susan
This electronic transmission contains legally privileged and
confidential information intended only for the person(s) named.
Any use, distribution, copying or disclosure by any other person
is strictly prohibited. If you received this message in error,
please immediately notify the sender by telephone at (607) 277-3995
(collect) or send an electronic mail message to brock@claritvconnect.com.
In addition, please delete all copies of this message from your computer.
/-s
9/5/2006
08/21/2005 10:19 5072745533 TOMPKINS CO BGE PAGE 02
V
Page 1 of3
Nc\v York State
ASSEMBLY
Shrlil'/Ti ■•■([vtr - S]yc.i'k.i-:r
Monday, August 21, 2006
Bill Summary - A10059
Back I New York. State Biil Search } Assembly Home
See Bill Text
A100$9 Summary:
BILL NO
SAME AS
SPONSOR
COSPNSR
A100S9
Same as S 7850
Wright
MLTSPNSR Robinson
Amd S4-100, El L
Authorizes county boards of elections to create, consolidate, divide
election districts under certain circumstances when the legislative b
city or town fails.to do so when so required.
A10059 Actions:
BILL NO
02/23/2006
03/01/2006
03/02/2006
05/15/2006
05/15/2006
05/15/2006
06/12/2006
06/12/2006
06/12/2006
06/12/2006
07/14/2006
07/26/2006
A10059
referred to election law
reported
advanced to third reading cal.lOl
passed assembly
delivered to senate
REFERRED TO ELECTIONS
SUBSTITUTED FOR S7850
3RD READING CAL.1090
PASSED SENATE
RETURNED TO ASSEMBLY
delivered to governor
signed chap.222
http://^viAv.assembly,state.ny.us/leg/?bn=aI0059 8/21/2006
08/21/2006
»ms
10:19 6072745533 TOMPKINS CO BGE PAGE 03
Page 2 ot3
/
; ^
A10059 Votes:
BILL: A10059 DATE: 05/15/2006 MOTION;YEA/NAT
Abbate Y Camera Y Errigo Y Hikind ER Manning Y Peoples Y See
Alessi Y Canestr Y Espaill Y Hooker ER Markey Y Peralta ER Sem
Alfano Y Carrozz Y Farre11 y Hooper Y Mayerso Y Perry Y Ste
Arroyo Y Casale Y Fields Y Hoyt y McDonal Y Pheffer Y Swe
Auberti Y Christe Y Finch Y Ignizio Y McDonou Y Powell Y Ted
Aubry Y Clark Y Fitzpat NO Jacobs Y McEneny Y Pretlow Y Thi
Bacalle Y Cohen . Y Friedma Y John Y McKevit Y Quinn y Tit
Barclay NO Cole y Galef y Karben Y McLaugh ER Rabbitt Y Tok
Barra Y Colton Y Gantt ER Kirwan NO Meng ER Raia y Ton
Benedet Y Conte Y Gianari Y Kolb Y Miller y Ramos Y Tow
Benjami Y Cook Y Giglio Y Koon Y Millman Y Reilich Y Tow
Bing Y Crouch Y Click Y Lafayet Y Mirones y Reilly Y Wal
Boyland Y Cusick Y Gordon Y Latimer NO Morelle Y Rive J Y Wei
Boyle y Cymbrow Y Gottfri Y Lavelle Y Mosiell y Rive N Y Wei
Bradley Y DelMont Y Grannis Y Lavine Y Nolan Y Rive PM y Wep
Brennan Y Destito y Green Y Lentol y Oaks Y Robinso Y Wri
Brodsky Y Diaz LM Y Greene ER Lifton Y 0'Donne Y Rosenth y Zeb
Brown Y Diaz R Y Gunther y Lopez y O'Mara Y Saladin Y Mr
Burling NO DiNapol ER Hawley Y Lupardo Y Ortiz Y Sayward NO
Butler Y Dinowit Y Hayes y Magee Y Ortloff NO Scarbor Y
Cahill Y Eddingt Y Heastie Y Magnare Y Parment Y Schimmi Y
Calhoun Y Englebr Y Hevesi Y Maisel Y Paulin Y Schroed Y
A10059 Memo:
BILL NUMBER: A10059
TITLE OF BILL : An act to amend the election law, in relation to th
authority of cities and towns to create, consolidate, divide or alter
election districts
\
PURPOSE OR GENERAL IDEA OF BILL : To authorize and require local
boards of elections to create, consolidate, divide or alter election
districts if the legislative body of a city or town fails to do so by
February 16 as required by Election Law S 4-100(5)
SUMMARY OF SPECIFIC PROVISIONS : Section 1 of the bill authorizes an
requires local boards of elections to create, consolidate, divide or
alter election districts if the legislative body of a city or town
fails to do so by February 16 as required.
http;//www-assembiy,state.ny.u8/leg/?bn='al0059 8/21/2006
08/21/2006 10:19 6072745533 TOMPKINS CO BGE PAGE 04
Page 3 of 3
f X
Section 2 of the bill contains the effective date
JUSTIFICATION j Section 4-100(5) of the Election Law requires that
the leqislativ® body of a city or town create, consolidate, divide or
alter election districts, as necessary, by February 16, but does not
provide a mechanism for doing so if the legislative body of a city or
town fails to act. This bill would vest authority in and require loca
boards to create, consolidate, divide or alter election districts if
the legislative body of a city or town fails to do so by February 16
as required.'
PRIOR LEGISLATIVE HISTORY : None
FISCAL IMPLICATIONS ; None
EFFECTIVE DATE : Immediately
Contact Webmaster
Fage display time - 0.0043 sec
/' ^
htlp://\vww.as$embiy.statie4ay.us/leg/?bn-al0059 8/21/2006
ATTACHMENT 4
9/11/2006
■A iy ^ 0
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO: TOWN BOARD MEMBERS
FROM: JON KANTER, DIRECTOR OF PLANNING
DATE: SEPTEMBER 5,2006
RE: SUPPORT FOR 2006 ECONOMIC DEVELOPMENT STRATEGY AND
ECONOMIC DEVELOPMENT COLLABORATIVE
The September 11^ Town Board meeting agenda includes consideration of support for
the implementation of the 2006 Economic Development Strategy for Tompkins Coimty
and the concept of the Economic Development Collaborative. Attached for the Board's
consideration are a draft resolution of support and a copy of the Draft 2006 Economic
Development Strategy for Tompkins County.
The 2006 Draft Strategy is an update of the 1999 Economic Development Strategy that
, has been prepared by Tompkins Coimty Area Development (TCAD). The Town of
Ithaca has been participating since that time on a county-wide Economic Development
Strategy Coordinating Committee, which meets quarterly to discuss and coordinate
economic development issues of common interest. With the completion of the 2006
update, TCAD is proposing to convert the Coordinating Committee into a new Economic
Development Collaborative. Michael Stamm and Martha Armstrong, representing
TCAD, plan to attend the September 11^^ Town Board meeting to discuss the 2006
Economic Development Strategy, the Economic Development Collaborative, and to
answer any questions that Board members may have.
TCAD provided the following description and explanation relating to the Economic
Development Collaborative:
"The collaborative effort contemplated is similar to the work done by TCAD and
the Chamber to bring about a resolution to the joint sewer project involving
multiple communities and varied interests. The work of the Air Services Task
Force, which brought the business community and the public sector together to
bring Northwest Airline service to the Ithaca Tompkins Regional Airport is
another example. The success of this collaborative effort resulted in the
formalization of the group into an Air Services Board with private sector
representatives working with elected officials and County staff to continue to
aggressively promote the airport and work to improve service. The success of
these efforts ultimately depended on the support and commitment of the
government entities and appointed boards Aat stood firmly behind the economic
development professional staff responsible for the projects. A similar support
structure is contemplated by the formation of the Economic Development
Collaborative." (Martha Annstrong, TOAD)
Please let us know if you have any questions on this matter.
Att.
cc: Michael Stamm
Martha Armstrong
(
•i&€EIV D/5 # 0
DRAFT - NOT FOR DISTRIBUTION Public Edition of2006 ED Strategy
Edition: July 18,2006 Pagel
2006
Economic Development Strategy
for
Tompkins County
A Strategy to address key economic challenges and
strengthen the county's economic development system.
This edition contains the contents.
It will be reformatted when it is designed for publication.
Prepared by
Tompkins County Area Development
DRAFT - NOT FOR DISTRIBUTION Public Edition of2006 ED Strategy
Edition: July 18,2006 Page 2
TABLE OF CONTENTS
Page
Table of Contents 2
Preface 2
Acknowledgements 3
Part 1: Executive summary 4
Part 2: Introduction 5
• The local economy and regional context
• The current economic development situation
Part 3: Overview: vision, mission, goals, strategy 8
Part 4: Goals in detail 10
• Increase and diversify housing supply
• Improve workforce and business skills
• Revitalize unique commercial districts and town centers
Part 5: Mobilizing to achieve the strategy 13
• Implementation of the goals
• Evaluation
• Involved agencies
PREFACE
Tompkins County's 2006 Economic Development (ED) Strategy was developed by TCAD with
contributions from diverse stakeholders. We embarked on this effort in order to take a fresh look
at the county's overarching economic development challenges and to renew our strategic
approach to addressing those challenges. The process reached for broad input, but also self-
reflection and depth of consideration. The results include a new mission and vision, and new top
goals, as well as an elevated commitment to achieving our goals by working together. Having
completed the written strategy, the real work of mobilizing this vision for change can begin.
Howard Hartnett Art Pearce Michael Stamm
Chair, TCAD Chair, EDS Steering Committee President, TCAD
'A
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Edition: July 18,2006 Page 3
ACKNOWLEDGEMENTS
^ The ED Strategy Steering Committee provided the leadership and guidance for this strategic
plan, challenging and encouraging the staff. The Committee's insights on engaging stakeholders
in the process as well as honing the substance of the strategic plan has been invaluable. The
Vision Task Force took on the Herculean task of crafting a short, yet true, vision that captures
the range of passions and perspectives of participating stakeholders. Finally, the Technical
Advisory Committee contributed a depth of wisdom — about economic development and about
the community ~ that is critical to our success.
Steering Committee
Art Pearce, Consultant — Chair
Barbara Blanchard, Executive Director, Municipal Electric and Gas Alliance - Vice Chair
Dave Ahlers, Consultant
Steve Gamer, President and CEO, Tompkins Trust Company
Janet Hawkes, Consultant
Tim Joseph, Chair, Tompkins County Legislature
Van McMurtry, VP Government and Community Relations, Cornell University
Mark Mital, Director of Operations, BorgWamer Morse TEC
Carolyn Peterson, Mayor, City of Ithaca
Technical Advisory Committee
Femando de Aragon, Executive Director, Ithaca-Tompkins County Transportation Council
Martha Armstrong, VP and Director of ED Planning, Tompkins County Area Development
Barbara Blanchard, Executive Director, Municipal Electric and Gas Alliance
^ Nels Bohn, Director of Community Development, Ithaca Urban Renewal Agency
Fred Bonn, Director, Convention and Visitors Bureau
Gary Ferguson, Executive Director, Ithaca Downtown Partnership
Howard Hartnett, Vice President and Regional Manager, Trust & Investment Services, M&T Bank
Jonathan Kanter, Town Planner, Town of Ithaca
Ed Marx, Commissioner of Planning, Tompkins County Planning Department
Julia Mattick, Executive Director, Tompkins County Workforce Investment Board
Jean McPheeters, President, Tompkins County Chamber of Commerce
Carolyn Peterson, Mayor, City of Ithaca
Ken Schlather, Executive Director, Cornell Cooperative Extension
Michael Stamm, President, Tompkins County Area Development
Bob Sweet, Deputy Regional Director, Empire State Development
Cathy Valentino, Town Supervisor, Town of Ithaca
Thys Van Cort, Director of Planning and Development, City of Ithaca
Abby Westervelt, Director of Corporate and Foundation Relations, College of Engineering
Roger Williams, Extension Support Specialist, Biotechnology Center, Cornell University
Patrick Woods, Director, Business CENTS, AFCU
Vision Task Force
Dave Ahlers, Consultant
Barbara Blanchard, Executive Director, Municipal Electric and Gas Alliance
Jean McPheeters, President, Tompkins County Chamber of Commerce
N Bob Sweet, Deputy Regional Director, Empire State Development
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Edition: July 18,2006 Page 4
PART 1: Executive Summary
Tompkins County has experienced steady, moderate growth for many decades. Since 1960 the economy
has restructured from being primarily driven by durable goods manufacturing to being primarily a college
town with manufacturing and high-tech sectors playing important supporting roles. Agriculture, Tourism,
and some professional services also contribute to the economic base. The populace is well educated and
family income distribution is above the national average. While 85% of the population is white, in the
1990's all population growth was due to increasing minority populations, particularly Asian and Hispanic.
The county's moderate growth sets it apart from the rest of central upstate New York, a region that has
faced economic stagnation and population decline in recent decades.
The ED Strategy identifies a vision for the local economy and key barriers to achieving that vision. Local
agencies currently provide conventional and progressive ED services — financial assistance and
incentives, business planning, workforce training and recruitment, and development of infrastructure such
as water and sewer, ground transportation, and airport service. The ED Strategy calls for the continuation
and improvement of these services by the individual service providers. At the same time, the Strategy
calls on the agencies to elevate their conunitment to collaborative work in order to achieve three major
economic development goals that address complex and broad challenges to the continued economic
vibrancy of Tompkins County. The essential elements of the strategic plan are highlighted below.
Vision
Tompkins County will be an economic iimovator, transforming a rich tradition of original ideas and
academic excellence into products, services, and opportunities that change our world for the better, both
locally and beyond. A sense of possibility will infuse its generous, civic-minded, and connected
communities.
Mission
Cultivate a prosperous and sustainable regional economy by building the economic foundations,
expanding opportunities, and fully engaging the community in ways that reflect the conmiunity's
strengths and values.
Major Five-Vear Goals
^ Increase and diversify housing supply
^ Improve workforce and business skills
^ Revitalize unique commercial districts and town centers
Strategy
Formalize the existing loose network of development agencies into a committed Economic Development
Collaborative to:
• Pursue a common economic development mission for the county
• Address complex and multi-dimensional development goals that are larger than any single
agency's purview
• Bring additional resources to the county to achieve its goals and mission
• Elevate participating agencies' achievements by engaging the ED Collaborative's resources to
complement efforts
The ED Collaborative will extend its reach to engage other public, not-for-profit, and private sector
partners in economic development to achieve its goals.
A
DRAFT - NOT FOR DISTRIBUTION
PART 2: Background - Current Situation of the Economy and Economic Development
Public Edition of 2006 ED Strategy
Edition: July 18, 2006 Page 5
The local economy and regional context
The Tompkins County economy has grown steadily from about 17,000 private sector jobs in
1960 to about 53,300 in 2005. In the same period, the local economy has experienced significant
restructuring. In 1962 manufacturing peaked providing 6,200 jobs, which was 36% of all private
sector jobs. In 2005, there were 3,900 manufacturing jobs, less than 8% of all private sector
jobs. Service-providing jobs now account for 90%, or 48,200 private sector jobs in Tompkins
County in 2005. Over the decades, conventional service jobs - retail, food service, and
hospitality - have remained steady at about 16% of private sector jobs. Starting in the mid
1960's and accelerating into the 1980's, education services grew into the dominant sector—now
accounting for about 49% of private sector jobs'. Technology firms producing software,
equipment, and high tech services emerged in the 1980's. By 2005, these firms accounted for
about 2,000 service jobs, or 5% of permanent private-sector jobs. Health services,
transportation, professional services, and other business services make up most of the remaining
service-producing jobs.
Change in Tompkins County Employment by Sector 1990-2004
2S.OOO
26.000
24 000
22.000
20.000
1990
,.■2000
2004
9.000
8.000 -
7.000 -
6.000 -
5 000 -
4.000 • -
3.000 -
2.000 -
Soiirce: NYS Departmenl of Labor
' Job figures arc from NYS Deparlmenl ol" Labor. For Tompkins County ihese include approximately 14.000 on-
campus part-lime student jobs. If these are removed from the tabulation. Education Services account for about 30%
of permanent (non-studcnl) private sector jobs.
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Edition: July 18,2006 Page 6
Our key wealth-generating sectors are Education Services, Manufacturing, and High Tech.
While smaller, Agriculture and Tourism contribute significantly to our quality of life and help
diversify the economic base. Tompkins County's top private employers are innovative
organizations that provide stability to the local economy. These include Cornell University and
Ithaca College, BorgWamer Automotive, Cayuga Medical Center, and Wegmans supermarket.
Top homegrown technology firms include Kionix, CHORD, and Advion Biosciences. The
county has an entrepreneurial populace and workforce education levels that exceed those of the
Research Triangle and Silicon Valley regions.
Comparison of US and Tompkins 2000 Family Income Distribution
□ % Tompkins Families
% US Families
C? C? C? C? C? C? C? cP c\"cP cP cP up <p <P , , cP ^cP«P' .o?
•s «■> itTvV Sj" 6s' 6?
Source: US Census 2000
The population in Tompkins County has continuously expanded. Total population grew 46%
from 66,200 in 1960 to 96,500 in 2000. While growth slowed in thel990's, there was still a
modest 2.6% increase. Census estimates that population growth accelerated in the first years of
the new century, growing to just over 100,000 by 2005.
Tompkins County has a fairly healthy ec ^ omy, reflected in continued moderate job growth and
slow but steady population growth. Fai ine^>me has continued to improve with the percent oflow-income families dropping from 19 .^tr 1990 and again from 1990 to 2000. The distribution
of family income remains above the n s. However, there are individuals and families living
in poverty including 30% of all fcmal ided nilies with children under 18 years old. And,
while the county has a low unemplo} jf," •• .*ic. the higher regional levels of unemployment and
limited job opportunities affect the a ^ residents to fi nd full employment.
decades isVn sharp contrast to the rest of the
xy lenced stagnation and decline for over 50 years.
Tompkins County's moderate growth
upstate New York region, an area that Iia^"
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Edition: July 18,2006 Page 7
The region including Binghamton, Syracuse, and the counties surrounding Tompkins lost 25,000
people, 2.1% of the population, during the 1990's. This has been spurred by decline in
manufacturing as well as technology employers such as IBM and Carrier that have also declined
or left the region. The area is struggling to maintain population, particularly workers under 40
years old.
In a region with little recent population growth, the county's continued job growth has been
dependent on women and students entering the workforce as well as a constant increase in in-
commuters from the surroimding region. As those labor force resources have tightened,
companies have considered expanding in surrounding counties or other regions of the country to
gain better access to workforce. This creates a paradox: some reductions in job opportunities
result from the tight labor force - and parts of the labor force unable to find jobs Aat match their
skills and career interests because of limited business growth.
Thus it is a critical time to support continued job growth in the county and contribute to regional
revival. To do this, economic development efforts must overcome the threat to job growth posed
by a relatively small local and regional labor force.
Economic development resources
TCAD released the county's first ED strategy in 1999. The process of creating and
implementing that strategy brought together the many agencies that work on some aspect of
economic development. Since 1999, the agencies have met quarterly to review progress,
coordinate efforts, and discuss economic development issues. As a result, the agencies have
increased their familiarity with each other and expanded their working relationships.
The individual agencies have evolved in many ways. For example. The Workforce Investment
Board, which was new in 1999, has since opened the premier One Stop Career Center in New
York; the Ithaca Downtown Partnership, the Convention and Visitors Bureau, and TCAD have
created strategies for their organizations' work; and the Tompkins Coimty Planning Department
has created the County's first Comprehensive Plan.
Through these efforts, the agencies now have extensive knowledge of the local economic
environment and of available resources. They also have a great deal of experience. The county
has organizations in-place to provide all major economic development services (for more detail,
see page 14).
These include:
• technical and financial services for businesses
• workforce development and employment services
• commercialization of new technologies
• infrastructure for development
• improvements to the local economic climate
So, there is a good array of service providers and economic development capacity for a small
county. However, being a small place, each agency is challenged to accomplish many tasks with
limited resources.
DRAFT - NOT FOR DISTRIBUTION Public Edition of 2006 ED Strategy
Edition: July 18,2006 Page 8
PART 3: Overview of the ED Strategy: vision, mission, goals, and strategy
TCAD convened the process of creating the 2006 ED Strategy. Highlights of the process include
an on-line survey of economic challenges and vision; a community policy forum on a vision for
the economy and a forum on top economic goals; interviews of business leaders and interest
groups for in-depth imderstanding of their goals; and multi-agency analysis of vision, goals, and
strategic issues. The Vision and Goals had significant input drawing fi-om over 100 community
voices. The mission was articulated by TCAD but evolved fi-om the 1999 Economic
Development Strategy. The strategy flowed naturally fiom the years of coordination and
cooperation among the agencies involved in local economic development.
Vision
The vision defines a general, but tangible direction for economic development work in the
coimty. While it sets a lofty goal, it identifies what we hope to achieve in the next five to ten
years. Our vision is:
Tompkins County will be an economic innovator, transforming a rich tradition of original ideas
and academic excellence into products, services, and opportunities that change our world for the
better, both locally and beyond. A sense of possibility will infuse its generous, civic-minded, and
connected communities.
Mission
The mission defines the general goal and process for economic development in the county — why
we do economic development. Our mission is:
Cultivate a prosperous and sustainable regional economy by building the economicfoundations,
expanding opportunities, andfully engaging the community in ways that reflect the community's
strengths and values.
Maior Five-Year Goals
The major five-year goals have been identified by community stakeholders as key objectives we
need to achieve in order to realize our vision. While the full range of economic development
work is needed to reach the vision, these three issues are overarching and in particular need of
concerted attention. Our major five-year goals are:
Increase and diversify housing supply
^ Improve workforce and business skills
^ Revitalize unique commercial districts and town centers
Strateev
The ED Strategy recognizes the importance of continued support to the current work of
individual agencies. This work focuses on specialized aspects of economic development such as
employment services, financial incentives, technology transfer, facilitating business growth, and
marketing. However, at this time, it is critical to implement an additional strategy to achieve our
major economic development goals. That strategy is:
DRAFT — NOT FOR DISTRIBUTION Public Edition of 2006 ED Strategy
Edition: July 18,2006 Page 9
Formalize the existing loose network of development agencies into a committed Economic
Development Collaborative to:
• Engage in a common economic development mission for the county
• Address complex and multi-dimensional development goals that are larger than any
single agency's purview
• Bring additional resources to the county to achieve its goals and mission
• Elevate participating agencies' achievements by engaging the Collaborative's resources
to complement efforts.
The ED Collaborative will extend its reach to include other public, not-for-profit, and private
sector partners in economic development to achieve its goals.
Discussion
At first glance, die top goals of housing, skill development, and revitalization may not appear to
lead to the vision of economic innovation. The county's economic growth over the last decade
has taken the slack out of our housing and workforce resources. Many county employers are
innovative and poised to grow, but some are stymied by non-aligned workforce and management
skills, lack of housing for workforce, and uneven commercial resources. These conditions make
it difficult to operate at a competitive level, hampering efforts to build the teams and systems that
employers need to be innovators. At the same time the local labor force and entrepreneurs are
often imable to access suitable housing, skill-building resources, and commimity services that
support full and satisfying participation in the economy. A broad range of stakeholder
perspectives consistently identified these three major goals as primary challenges to the
continued growth of innovative and engaging economic opportunity here in Tompkins County.
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Edition: July 18,2006 Page 10
PART 4: Goals in Detail
Three key goals have been identified for the local economy. These are:
^ Increase and diversify housing supply
Improve workforce and business skills
^ Revitalize unique commercial districts and town centers
Each is detailed below.
Goal 1: Increase and diversify housing suddIv
Increasing housing supply to meet demand has become critical to ED. In the past, housing
would not have been a central ED issue, but today's workforce, whether local or new to the area,
is challenged to find housing - the supply across a range of prices and types is inadequate. And,
housing is projected to remain a challenging issue for the next five to ten years. Younger native
workforce and newcomers alike have trouble finding housing in any price range or type in the
tight market. This has put negative pressure on the population growA that should naturally
accompany the county's consistent job growth.
According to the County's Housing Needs Assessment report (draft dated March 29,2006), the
coimty requires a significant increase in housing imits to meet current and anticipated housing
demand. The market demands a variety of unit types and sizes. Some, but by no means all, will
require development subsidies or incentives. However, in most cases, municipalities and the ED
Collaborative must participate to help attract investment, stimulate developer interest, facilitate
the development process, and insure that developments contribute to the community's well
being.
The report indicates that the unmet need in 2005 was for 875 new housing units plus a need to
develop at least 300 additional imits annually^ for the following ten years. In round numbers,
immediate demand is for:
^ 250 owner occupied units in the $60,000 to $130,000 range
=> 250 owner-occupied units valued above $130,000
525 rental units in the $625 to $1,225 range
=> 225 units with rents above $1,225
The scope above is a minimum estimate based on current trends in population growth. It does
not include capturing in-commuters who would choose to live in Tompkins County if they could
find housing that meets their needs. Less expensive housing - under $625 per month is also
needed.
^ US Census data indicates that the county added about 320 units annually between 1990 and 2000. Local data
indicates about 365 units added per year between 2000 and 2005. Current total demand could be met over 10 years
with the addition of 390 units per year - 67% of those affordable to households below the median income.
However, a significant increase in housing development is needed in the near term to meet pent-up demand.
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Edition: July 18,2006 Page 11
Overall housing costs including taxes and utilities are an issue for persons and families
considering moving to or within the county. Carrying costs are very high especially compared to
other parts of the coimtry. Beyond being a local taxpayer issue, high costs of residency have an
impact on employers' ability to stay in Tompkins County and grow good jobs here. State and
local fiscal reform is needed. Nodal development patterns can also contribute to containment of
these costs.
Goal 2; Develop workforce and business skills
Workforce and business skill development has been a key issue during the past decade.
Technology has replaced many low-skilled jobs that used to provide family-supporting incomes
and benefits. Today's "low-stilled" jobs tend to be in service occupations, working with the
public. Thus they require communication stills, ability to make decisions, teamwork stills, and
high levels of integrity. Nationally and locally, there is increasing demand for high-stilled
workers and business managers who bring high levels of technical and communication stills as
well as flexibility, independence, and innovation to their places of work. Businesses operating in
competitive regional and global environments need managers and entrepreneurs who have a solid
base of business stills, and have access to management resources to survive and thrive.
Increasing still development and access to training resources remains a top goal for successful
economic development in Tompkins County.
The scope of this work requires matching resources to fit a mix of still-set needs and diverse
populations needs. Workforce still-sets include:
• Basic competencies: basic education, communication stills, workplace competencies,
teamwork, and learning to learn
• Specialized technical competencies: software, stilled trades, credentialed professional stills.
Business management still-sets include:
• Fundamental business planning
• Specific technical skills: finance, regulatory compliance, marketing, human resources, and
managing production
• Leadership stills to grow a start-up into a regional employer: for example, business
relationship building, gained through mentoring, networking, and counseling.
Populations needing stills are diverse. The most basic segments of population to be reached are:
• Emerging workforce, especially disengaged youth
• Adults: incumbent workers, dislocated workers, and displaced homemakers.
However, changing demographics require continuing change in the delivery of education and
training. According to the 2000 US Census, the workforce-age population in the United States
was 72% white, and primarily native-bom. By 2020 that figure is projected to drop to 63%. The
largest and fastest growing minority group is Hispanics. The fastest growing minority
populations include many recent immigrants, and they have the lowest levels of education.
Meanwhile, the primarily white baby-boomers who are highly educated are poised to retire.
While the local workforce-age population was 83% white in 2000, the evolving population mix
is reflective of US trends and has a significant and increasing demand for education and training.
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Edition: July 18,2006 Page 12
In sum, at a time when the workplace and business world demand greater skills, the population
also demands greater training. The workforce and business training systems must increase
service capacity to meet this dual pressure of demand. Without skilled workforce and
entrepreneurs, the businesses creating the best job opportunities will relocate or never start up in
Tompkins County. The better prepared that Tompkins County residents are, the more likely they
are to be hired by local businesses that recruit regionally.
Meanwhile, skills-providers face reduced support from federal and state levels of government.
The need for greater contributions from the private sector and foundations, as well as
government, adds to the complexity of developing sustainable programs to address these
pressing skill-development issues.
Goal 3: Revitalize unique commerciai districts and town centers
Active and attractive commercial centers are important for all sectors of the economy. For
example, higher education needs lively college towns, young adult workforce needs social
gathering spots, households and businesses need convenient services and shopping - in the
urbanized area and in rural villages and hamlets. The county has a variety of commercial
districts. They need continuous investment focus to provide vibrant community settings and to
be responsive to current needs of the commimity.
This goal is about stimulating appropriate development that will enhance the unique spirit of
each community center. Revitalization requires planning, promotion, commitment of public
resources, and attraction of private sector investment. Older downtowns and commercial
districts must continuously reinvest to maintain vitality, and creating new special districts, such
as Inlet Island's waterfront, require targeted investment strategies.
The scope of this goal includes increasing investment in commercial districts from the center-
city, to villages and hamlets, to special development areas such as a waterfront district. Around
the county, businesses and community groups express a strong interest in creating more vital
commercial centers, such as:
• Improving an apartment building and adding a small convenience store in a hamlet
• Generating more foot traffic for retailers in a village
• Creating an exciting waterfront district for locals and tourists to access the lake
• Providing more diverse commerce and housing in downtown Ithaca.
While residents also express interest in preserving neighborhood character and in protecting and
strengthening rural landscapes, these objectives are not included in the scope. They fall more
narrowly under the scope of community and rural development agency work, as distinguished
from a major economic development goal.
There are several recent examples of revitalization initiatives. In 1995, businesses in the City of
Ithaca's downtown voted to create a business improvement district - creating a special
assessment district to support the services provided by the Ithaca Downtown Partnership. The
City of Ithaca's Density Policy is an incentive program to target private investment to a defined
DRAFT — NOT FOR DISTRIBUTION PubUc Edition of 2006 ED strategy
Edition: July 18,2006 Page 13
geographic region. In 2005, the Village of Dryden annexed about 25 acres, to facilitate the
extension of the Village's water system to a 110- acre industrial zone. The Trumansburg Main
Street Project, to be constructed during the summer of 2006, improves sidewalks, transit stops,
and streetscape. This public investment is part of a strategy to increase private sector investment
and business activity in the historic village's commercial center.
PART 5: Mobilizing to Achieve the Strategy
Implementation of the Goals
The general scope of the major goals is delineated above. Greater detail will be developed as
initiatives to adi-ess each goal are convened. For all three goals, the ED Collaborative will:
Establish an initiative to achieve the goal
Gather and pool greater knowledge of the current situation
Identify key players, stakeholders, and champions
Formulate a process and a leadership plan
Create an action plan with target milestones
Engage the ED Collaborative and a network of stakeholders in implementation
Identify benchmarks for evaluation
Evaluate and report to the community
Incorporate evaluation results in ongoing work
TCAD will convene the ED Collaborative to establish the initiatives during 2006. Once
convened, the ED Collaborative will work jointly to propel the initiatives forward. Previous
experience provides a foundation for this work. Past examples of collaborative work on major
projects include:
• Work done by TCAD and the Chamber to bring about a resolution for the joint sewer
agreement, a project involving multiple commimities and varied interests.
• The work of the Air Services Task Force, which brought the business community and the
public sector together to attract Northwest Airlines service to the Ithaca Tompkins Regional
Airport.
These projects took years of commitment to reach milestone objectives, and they continue to
need multi-party commitment. They also demonstrated that collaborative effort is a successful
tool to achieve broad-reaching, complex goals. The ED Collaborative is committed to applying a
similar approach to the ED Strategy's major five-year goals.
Evaluation
This section addresses monitoring and evaluating the effectiveness of the ED Strategy. Annual
evaluation of the major five-year goals and the ED Collaborative's achievements will be initiated
by TCAD. Evaluation results will be reported to the TCAD Board, the ED Collaborative, and
the community. Collaborative members will consider the results of the evaluation in developing
their agencies' annual work plans. Evaluation will include:
DRAFT - NOT FOR DISTRIBUTION PubUc Edition of 2OO6 ED strategy
Edition: July 18,2006 Page 14
1. Monitor and evaluate progress toward accomplishing the major five-year goals using
benchmarks established for each goal.
2. Monitor and evaluate progress toward collaborative work, including:
a. Participation in the ED Collaborative's initiatives
b. Engagement of other agencies and stakeholders
c. Attraction of new resources
3. Evaluate the Major Five-Year Goals:
a. Are they still major?
b. Identify new major goals over time
The evaluation will not be simply a mechanism for control. Rather, it will attempt to be
stimulating and invigorating - providing direction and enthusiasm. Ideally, the evaluation will
be a tool to keep the ED Collaborative's commitment and creativity strong.
Involved Agencies
The following agencies intend to participate in the ED Collaborative. They are all organizations
with a local interest and public purpose - be they not-for-profits, or departments of local
government. For more information about the ED Collaborative agencies, please visit
http://www.tcad.org/ or their individual web sites.
1. Tompkins County Area Development (TCAD), a private, not-for-profit corporation foimded
in 1964, is the community's lead economic development agency. TCAD's mission is: to
building a thriving and sustainable economy that improves the quality of life in Tompkins
Coimty by fostering the growth of business and employment, http://www.tcad.org
2. The Tompkins County Industrial Development Agency (TCIDA) is a public benefit
corporation controlled by the Tompkins County Legislature and managed by TCAD. The IDA
can abate taxes and issue tax-exempt bonds. Historically, the primary purpose of the IDA was to
create quality employment opportunities. The IDA now also delivers assistance to not-for-profit
corporations and to certain mixed-use revitalization projects, (web?)
3. The mission of the Tompkins County Workforce Investment Board (TCWIB) is to enhance
the productivity and competitiveness of Tompkins County by developing and coordinating
resources that meet employer workforce needs and facilitate employment and development
opportunities for individuals. The One Stop Career Center is the flagship product of the TCWIB.
http ://www.tompkins workforcenv.org
4. The Tompkins County Chamber of Commerce advocates for the free enterprise system and
sound economic development. It fosters success for its for-profit and not-for-profit members, and
promotes a high quality of life for all residents. The Chamber hosts a number of networking and
educational programs for business. A key strength is its ability to bring diverse parties together to
solve community problems, http://www.tompkinschamber.org
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Edition: July 18,2006 Page 15
N. 5. The Ithaca / Tompkins County Convention and Visitors Bureau (I/TCCVB), a division of
the Tompkins Coimty Chamber of Commerce, is the Destination Marketing Organization that
serves the greater Ithaca area. The I/TCCVB actively promotes the area and operates two visitor
centers. The County's Strategic Tourism Board oversees the work of the I/TCCVB and also
supports development of visitor attractions such as The Sciencenter. http://www.visitithaca.com
6. The Ithaca Downtown Partnership (ID?) is a Business Improvement District created in 1997
and charged with the development, management, and promotion of a 22-block area of downtown
Ithaca. The ID? provides small business technical assistance and organizes major events and an
outdoor entertainment series. It also provides supplemental cleaning, safety, and beautification
services to the center city, http://www.downtownithaca.com
7. The primary goals of the City of Ithaca's Department of Planning and Development are
strengthening the City's economy, improving the quality of life of its citizens, and strengthening
its residential neighborhoods. TTiis work depends on the effective partnership among the City,
the Ithaca Urban Renewal Agency, and Ithaca Neighborhood Housing Services.
http://www.ci.ithaca.nv.us
8. The Ithaca Urban Renewal Agency (lURA) works to revitalize urban neighborhoods and
strengthen the local economy. The lURA works to implement the Urban Renewal Plan, manages
^ the City's HUD Entitlement Grant award of Community Development Block Grant (CDBG) and
Home Investment Partnerships Program (HOME) funds and administers various economic
development loan programs and industrial park leases.
9. The Town of Ithaca Planning Department develops and maintains the Town's
comprehensive plan, zoning ordinance, and site design regulations. The Department balances the
goals of preserving the Town's significant and sensitive natural features and open space and
neighborhood character with the need to provide for reasonable growth, economic development
and housing that is affordable to households at all income levels, http://www.town.ithaca.nv.us/
10. The Tompkins County Department of Planning provides planning and related services to
County government and local municipalities. The Department is charged with preparing a
comprehensive plan for the development of the County; collecting and distributing data and
information on population, land use, housing, environment and community facilities; and
preparing planning studies and analyses, http://www.tompkins-co.org/planning/
11. The Ithaca Tompkins County Transportation CouncU (TFCTC) works to advance projects
and programs that provide for an efficient, flexible, and multi-modal transportation system in
Tompkins County. The ITCTC works cooperatively with all local governments, TCAT,
NYSDOT, and federal transportation agencies. The ITCTC has expertise in the areas of
transportation planning, data gathering, and analysis, http://www.co.tompkins.nv.us/itctc/
12. The mission of Cornell Cooperative Extension of Tompkins County (TCCCE) is
strengthening youth, adults, families, and communities through learning partnerships that put
knowledge to work. TCCCE is a portal to Cornell - New York's land grant university - and
DRAFT - NOT FOR DISTRIBUTION Public Edition of2006 ED Strategy
Edition: July 18,2006 Page 16
applies research in understandable and useful ways for the community. Three broad
programming areas are: agriculture, community well-being, and youth development.
http://www.cce.comell.edu/tompkins/
13. Local governments hope to incorporate a CouncU of Governments for Tompkins County
(TCCOG) in 2006 or 2007. Participants include nine towns, six villages, the City of Ithaca, and
the County of Tompkins. The TCCOG would provide a fomm for commxmication on common
issues and a vehicle to imdertake joint delivery of services. The goal is to improve inter-
mimicipal cooperation for the benefit of the people that the local governments serve.
These thirteen organizations intend to make a formal commitment to form the Economic
Development Collaborative. Members will work together to accomplish the three five-year
goals identified in the 2006 ED Strategy. Over time, they will identify emerging goals and
continue to work collaboratively on those.
(back page?)
The 2006 Economic Development Strategy for Tompkins County, New York, was prepared by
TCAD with significant contributions from the ED Collaborative and other community
stakeholders.
TCAD's Board of Directors
Howard Hartnett - Chair Hans Fuller John Majeroni
Charlie Trautmann - Vice Chair JeffFurman Dave Marsh
Andy Sciarabba - Treasurer Greg Galvin Ed Marx
Bob Abrams Steve Gamer Jean McPheeters
Dave Anderson Mike Hattery Art Pearce
Don Barber Janet Hawkes Carolyn Peterson
Larry Baum Carl Haynes Martha Robertson
Barbara Blanchard Pat Johnson Carl Sgrecci
James Brown Tim Joseph Michael Stamm
Dick Cahoon Tom Kurz Thys Van Cort
ATTACHMENT 5
9/11/2006 A€EIVDi^# 8
TOWN OF ITHACA
216 NORTH TIOGA STREET, ITHACA, N.Y. 14850
www.town.ithaca.ny.us
TOWN CLERK'S OFFICE
PHONE (607)273-1721 FAX (607)273-5854
MEMORANDUM
DATE: September 6, 2006
TO: Town Board
FROM: Town Clerk's Office
RE: Emergency Management Training
As stated in the article from the recent Town Topics, elected officials and key staff
should have a sufficient understanding of emergency management to respond to
incidents in accordance with national standards. All elected officials should receive
\ 18700 and 108100 training (see "Required Training" on pages 2 and 3 of article). Local
18700 and 108100 training sessions are taking place at the Town of Ithaca Public
Works Facility on September 15**^ beginning at 8:30 a.m. and at the Slaterville Fire
Station on September IB**^ beginning at 9:00 a.m. It is my understanding that the
training consists of both a morning and afternoon session and word has it that lunch is
being provided at the Slaterville session.
Town Board members interested in the training should contact Beth Harrington
(Tompkins County Department of Emergency Response, Assistant EMS Coordinator)
for exact information and to register for the sessions. Her contact information is as
follows: phone 607-257-3888, email bharrin1@twcnv.rr.com.
Tee-Ann Hunter
ATTACHMENT 6
9/11/2006
^ Statement by Jon Bosak, Chair, TCLocal, to the Ithaca Town
Board on proposed amendment of Chapter 270 of the Town of
^ Ithaca Code titled "Zoning'' regarding solar collectors and
installations (11 September 2006)
To the members of the Ithaca Town Board, greetings.
It is becoming increasingly apparent to energy analysts and petroleum geologists that world
oil production will reach a peak within the next two decades and then begin an irreversable
decline. Recent discoveries in the Gulf of Mexico will have a negligible effect on this
development. The result will be astronomically high energy prices beginning around the year
2020.
To provide for the future, communities such as ours must do everything possible to encourage
the development of local sources of energy such as solar and wind power while we still have
the resources to do so. But the expense of these technologies makes such development very
difficult within existing budgets. Consequently, most of the funding for future local energy
sources will have to come from concerned citizens willing to reach into their own pockets for
the public good.
The concerned citizens of TCLocal understand that the Town of Ithaca is limited in its
financial ability to fund the local energy infrastructure we will desperately need to have in
place 20 or 30 years from now. What the Town can do to meet this future crisis is to
implement zoning laws that encourage private energy development to the greatest extent
possible.
With regard to solar installations, this means two things: First, that restrictions on the
location, area, and height of solar installations must be designed to encourage the maximum
amount of citizen-funded solar energy generation; and second, that the approval process must
be so constituted as to put the burden of proof upon those who object to an installation rather
than those willing to contribute to the future energy needs of the community.
In short, we must look to future trends and recognize that the inhabitants of the Town of
Ithaca a couple of decades from now will have a much different opinion of the tradeoff
between esthetics and available energy than we do now in an era of cheap fossil fuel.
Jon Bosak
1448 Trumansburg Road
Town of Ithaca
607 2773545
bosak@ibiblio.org
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PLANNING DEPARTMENT MEMORANDUM
TO: TOWN BOARD
FROM: JON KANTER, DIRECTOR OF PLANNING —
DATE: SEPTEMBER 5, 2006
RE: CODE AMENDMENT REGARDING CHAPTER 270 ZONING - SOLAR
COLLECTORS AND INSTALLATIONS - SET PUBLIC HEARING
The Town Board referred the draft Solar Collector law to the Planning, Zoning and
Conservation Boards for recommendations. So far, the Planning and Zoning Boards have
discussed the draft law, and the Conservation Board will be discussing this at their meeting
on September 7^. The Town Board is being asked to consider setting a public hearing for
consideration of adoption of the proposed law. Before doing that, however, the Board
should make a decision regarding the three unresolved issues in the draft law. The three
criteria in question (not resolved) include maximum height, maximum surface area, and
yard location. These are all highlighted in boldface and bracketed on page 2 of the draft
law. In Section 270-219.1 .B.2, the alternates for maximum height are either 15 feet or 20
feet when oriented at maximiim tilt. In Section 270-219.1.B.3, the alternates for maximum
surface area are either 500 square feet or 1.000 square feet. In Section 270-219.1 .B.5,
the question is whether solar collectors should be located only in the side or rear yard,
or whether they should also be allowed by right In the front yard.
The Planning Board in PB Resolution No. 2006-080 (a copy of which is attached)
recommended that the law include a maximum height of 15 feet, a maximum surface area
of 500 square feet, and to limit solar collectors to side and rear yards only. These are all
the most restrictive of the three alternative sections of the draft law.
The ZBA did not specifically pass a resolution on this referral, but the discussion at their
August 21®^ meeting is provided in the attached excerpt of their draft minutes. The ZBA
also recommended limiting the surface area to a maximum of 500 square feet, limiting the
height to a maximum of 15 feet, and limiting solar collectors to the rear and side yards
only, subject to the setback requirements of those yards.
The Conservation Board will be discussing this at their meeting on September 7*, ^d we
will provide the Town Board with copies of their recommendations at the Sept. 11 Town
Board meeting.
Prior to setting the public hearing date, the Town Board should consider a resolution
confirming the three criteria (height, surface area, and yard locations) that it would like to
see in the final draft local law, so that the draft will have set criteria for public review and
comment. (This can be done by a motion, a second, and a vote by the Board at the Sept. ^
11^ meeting.)
Once that is done, the Board can consider the attached resolution setting the public hearing
date.
Please feel free to call if you have any questions.
Att.
I I
JULY 19,2006 DRAFT
TOWN OF ITHACA
LOCALLAWNO. OF THE YEAR 2006
A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA
CODE, ENTITLED ZONING, REGARDING SOLAR COLLECTORS AND
INSTALLATIONS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270, Article III, Section 270-5 of the Town of Ithaca Code,
entitled "Definitions," is amended by adding the following defimtions for "QUALIFIED
SOLAR INSTALLER," "SOLAR COLLECTOR," and "SOLAR STORAGE
BATTERY":
"QUALIFIED SOLAR INSTALLER - A person who has skills and knowledge
related to the construction and operation of solar electrical equipment and
installations and has received safety training on the hazards involved. Persons
who are on the list of eligible photovoltaic installers maintained by the New York
State Energy Research and Development Authority (NYSERDA), or who are
certified as a solar installer by the North American Board of Certified Energy
Practitioners (NABCEP), shall be deemed to be qualified solar installers for the
purposes of this section. Persons who are not on NYSERDA's list of eligible
installers or NABCEP's list of certified installers may be deemed to be qualified
solar installers if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely. Such
training shall include the proper use of special precautionary techniques and
personal protective equipment, as well as the skills and techmques necessary to
distinguish exposed energized parts from other parts of electrical equipment and
to determine the nominal voltage of exposed live parts."
"SOLAR COLLECTOR - A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat."
"SOLAR STORAGE BATTERY - A device that stores energy fi*om the sun and
makes it available in an electrical form."
Section 2. Chapter 270, Article XXVI of the Town of Ithaca Code, entitled
"Special Regulations," is amended by adding Section 270-219.1 as follows:
JULY 19,2006 DRAFT
"§ 270-219.1 Solar collectors and installations.
A. Rooftop and building-mounted solar collectors are permitted in all zoning
districts in the Town. Building permits shall be required for installation of
rooftop and building—mounted solar collectors.
B. Ground-mounted and freestanding solar collectors are permitted as
accessory structures in all zoning districts of the Town, subject to the
following requirements:
(1) The location of the solar collector meets all applicable setback
requirements of the zone in which it is located.
(2) Theheightofthesolar collector and any mounts shall not exceed
[15]? [20]? feet when oriented at maximum tilt.
(3) The total surface area of all ground-mounted and freestanding solar
collectors on the lot shall not exceed [SCO]? [1,000]? square feet.
(4) A building permit has been obtained for the solar collector.
[(5) The solar collector is located in a side or rear yard.] (Or should
solar collectors also be allowed in front yards as of right?)
C. Where site plan approval is required elsewhere in this chapter for a
development or activity, the site plan review shall include review of the
adequacy, location, arrangement, size, design, and general site
compatibility of proposed solar collectors. Where a site plan exists, an
approved modified site plan shall be required if any of the thresholds
specified in § 270-191 of this chapter are met, including but not limited to
proposed changes to or additions of solar collectors where such changes or
additions meet a § 270-191 threshold.
D. All solar collector installations must be performed by a qualified solar
installer, and prior to operation the electrical coimections must be
inspected by the Town and by the New York Board of Fire Underwriters
or other appropriate electrical inspection agency as determined by the
Town. In addition, any coimection to the public utility grid must be
inspected by the appropriate public utility.
E. When solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting the
requirements of the New York State Building Code when in use and when
no longer used shall be disposed of in accordance with the laws and
regulations of Tompkins County and other applicable laws and
regulations. ,
JULY 19,2006 DRAFT
F. If a solar collector ceases to perform its originally intended function for
more than 12 consecutive months, the property owner shall remove the
collector, mount and associated equipment and facilities by no later than
90 days after the end of the 12 month period."
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.
ADOPTED RESOLUTION: RB RESOLUTION NO. 2006-080
' Recommendation to Town Board Regarding a
Proposed Local Law Amending Chapter 270 of the
Town of Ithaca Code, Entitled Zoning, Regarding
Solar Collectors and Installations
Town of Ithaca Planning Board
August 15, 2008
MOTiON made by Chairperson Wilcox, seconded by Board Member Thayer.
WHEREAS: The Codes and Ordinances Committee has drafted a proposed local law
amending Chapter 270 of the Town of Ithaca Code, entitled Zoning, regarding solar
collectors and installations, and
WHEREAS: The above-described amendment would permit the installation and use of
solar collectors in any zoning district in the Town, subject to certain criteria and upon
issuance of a building permit, and
WHEREAS: The draft local law prepared by the Codes and Ordinances Committee
includes several altemate provisions regarding maximum height, maximum surface
area, and permitted location in yards, and
VVHEREAS: The Town Board has reviewed the above-described proposed local law at
its meeting on July 24, 2006 and has referred this matter to the Planning Board for a
recommendation, and
WHEREAS: The Town of Ithaca Planning Board has held a public hearing on August
15, 2006 to consider comments from the public regarding this proposed zoning
amendment,
NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board
hereby recommends that the Town Board adopt the proposed local law amending the
Zoning Chapter of the Town of Ithaca Code regarding solar collectors and installations,
subject to the following;
1. Height not to exceed 15 feet,
2. Surface Area not to exceed 500 square feet,
3. Side and rear yard locations only.
PB RESOLUTION NO. 2006-080
PAGE 2 O
A vote on the motion resulted as follows:
AYES: Wilcox, Hoffmann, Conneman, Thayer and Howe.
NAYS: None.
Motion was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) 88:
TOWN OF ITHACA:
I, Paulette Neilsen. Deputy Town Clerk of the Town of Ithaca, New York, do
hereby certify that the attached resolution is an exact copy of the same adopted by the
Planning Board of the Town of Ithaca at a regular meetina on the 16 day of ^ugust
2006. ^
Deputy Town Clerk
Town of Ithaca
I 1
Portion of Zoning Board of Appeals regarding the recommendation to the
^ Planning Board on Solar Panel requirements
Ms. Balestra - There's also another item of Other Business that is kind of
important. In your packets there is the Solar Collector Law. It is something that
the Codes and Ordinances Committee has been working on. You do...you may
recali those...that Zoning Board meeting where there were 4 solar panel projects
at the Board, well the Town has updated the law...
Ms. Brock - No, actually...
Ms. Balestra - ...oractually created a law...
Ms. Brock — No, it's being proposed. And it actually hasn't gone yet to the Town
Board...It's gone to the Town Board but with some gaps in it, right. We're
also...the Codes and Ordinances Committee could not reach agreement on
certain key provisions, so they sent it to the Town Board with different options
and the Town Board has now referred this to the Planning Board for comment
and for their advice on how to fill in those gaps. But they also ask that this be
sent to the Zoning Board and the Conservation Board to ask for their
^ recommendations that they might have as well. So that's what's happened, is
this has been referred to you by the Town Board. The 3 issues that have been
left open are 1) what the maximum height should be for the solar collectors and
the 2 options that were being considered by the COC were either 15 feet or 20
feet when oriented at maximum tilt and 2) They also could not reach agreement
as to whether the total surface area for ground mounted and free standing
collectors should be 500 square feet or a 1,000 square feet. This doesn't apply
to anything that might be on the building itself such as roof-mounted collectors,
there's no area limit on that. This is for things that are put on the ground or on
poles on the ground. Whether it should be 500 square feet or a1,000 square
feet. And just to get you kind of get you back into a frame of reference, the one
that was on Trumansburg Road you saw, the largest one was approximately 600
square feet, the one that lay on the ground and tilted up...right...it was in-
between the two. And I think the highest one you got was maybe 16 feet or
something like that, of the projects that came before you on that one day. And
then finaily 3) there was disagreement as to whether these collectors should be
limited to side and rear yards or whether they should also be permitted in front
yards. The arguments were: Well, you know, the aesthetics, if you ailow them in
the front yards, that won't look good, but other people said that; What if the front
yard is the best place for them. You know, if you say they have to be in the side
or rear yards, then people might be encourage to cut down their trees to get
adequate solar access to their panels. So there were sort of arguments on both
sides. And the arguments on both the maximum height and the maximum area
sort of... you know... one side worrying about sort of the aesthetics... you know
and how that's going to impact the neighboring properties...and on the other
hand...the argument is: Shouldn't we be doing everything we can as a Town to t
promote alternative uses of energy and these solar collectors are no more ugly
than somebody's RV parked in their front yard or side yard or water and that we
should not be putting roadblocks in the way of use of solar energy. We should
be doing everything we can to encourage it. So...There's just people feeling very
strongly on both sides of the issue and that's why the Codes and Ordinance
Committee could not reach a decision.
So those are really the 3 areas for you to discuss tonight and if you can jointly
come up with recommendations in those 3 areas then those will be sent back to
the Town Board along with the Planning Board's and the Conservation Board's
recommendations.
So do you want to just take them one at a time? Do you want to start with
height.. .whether you have any feeling...
JK-Well...(inaudible)...comments... they are clearly ugly as hell and they're not
going to be maintained and it's like they outlawed billboards and a lot of them are
just like a whole bunch of billboards and if they were near anybody here's house,
they would object to them. But you can't really go against solar power ...you
know...it's like motherhood...(laughter)...and everything else. It's just not...|t's^
something that's with the deal with oil and energy now that you just worry...can't ^
put too many restraints on it... it's just not acceptable, especially in a town like ,
Ithaca. -
Ms. Brock - If you pick some numbers, I guess the other think I should have said
is; if somebody wants something that exceeds those numbers, it's an Area
Variance and it'll come back to you anyway. So...but that may be conceived by
some applicants as an additional stumbling block that they don't want to go
through.
Mr. Niefer - There was only one that was over 500 square feet of the four...
Ms. Brock - Of the 4 you had, one was over 500 square feet.
Mr. Krantz - Yeh, 600 feet (inaudible)on Trumansburg Road...and it's ugly.
Ms. Brock - Yeh...that was Trumansburg Road. The one that was out in the
field.
Mr. Krantz - You know...it's like a billboard that fell down.
Chairperson Ellsworth - Well, do you have any specific feelings on the height.
What was it... 15... ^
Mr. Mountin - Let me... if I may jump in here...
- Mr. Niefer—What's the (inaudible)...is permitted in the zoning ....50 feet...an
auxiliary building?
Ms. Balestra - It depends on the zone. Some of them are 15, some of them are
20.
Mr. Mountin -1 can lend some expertise to this area. I installed my first solar
panels in 1990, I've installed solar hot water heaters, I've installed PV systems
so... (inaudible)... interest in getting involved in the community and this
....(inaudible) the Zoning Board is my interest in energy and alternative energy
and what I've been doing the last 20 years is see that we can create zoning laws
in this town that can have some legitimacy to...I love panels...! love they way
they look... and I think it is very important that we also look at altemative energy
because of the societal impact of oil...peak oil have an impact on us...so I...I'm
really...having installed them I can a lot to being the expert here to give you an
idea of what kind of heights would come from certain ground mount systems,
whether they're track mounted systems or rather they're tilted systems or
whatever.. I can give you some information on that but ...My main interest is
really to see that...again, Susan brought this up...that we don't block the
development of altemative energy, but also speak to the fact that I have some
^ practical knowledge, knowing heights, sizes of systems and want to make a
couple of comments... That comment that real build ground mount system on
Taughanock Boulevard it's 65,000 watts. That's huge...
Ms. Balestra-Trumansburg Road
Mr. Mountin - Trumansburg Road, that's about as big as they would normally
get. Some one going beyond 600 — 700 square feet...my interest there is
thinking they are...they're actually...then your starting to produce electricity for
consume or to sell. Most houses, if you have 65,000 watt panels...
Mr. Matthews - Your feeding it back to the grid.
Mr. Mountin - Right, and that's, that's huge. Obviously they have the property to
do that, a lot of space to do that, but if someone wanted to put a system that big
on a much smaller lot, that would be a question to probably all of us in terms of
how would it impact the views, impact the neighborhood, something like that. So,
I'm I make the suggestion that at least on the size of a system, not go more than
700-750 square feet because then you are really getting into something that's'
...people are really putting in a large system because they either have a lot of
money or because they want to produce a lot of electricity.
Mr. Matthews - Or a big house.
Mr. Mountin - And the other consideration then is, we're doing energy ^
conservation first, we're doing energy efficiency with alternative compact
fluorescent light bulbs and real efficient insuiation and and a furnace and ail that,
you have a much lower load than 65,000 watts of electricity. I just built a house
and I'm...you know...my loads about a fifth of that. And that's a real energy
efficient house. 21 .OOOsquare feet, in a big house you don't need that big of a
system if you've done energy conservation, energy efficiency first. So, I iike... if
we set a standard...I suggest of 150...it comes back to this...comes back to this
board here...because then you may be iooking at something that could impact
visually a neighbor, could impact a... I think another issue is what's being done in
terms of energy efficiency energy conservation first. So just a normal house your
sticking a bunch of solar panels on there without taking in energy efficiency,
energy conservation, maybe those considerations could be thought of first and
... I (inaudible).. .that can't be.. .you know... requested by this board... but its
something that comes into my mind, if somebody puts up a big system,
what...why are they putting up such a big system. It makes sense for somebody
like Ithaca Bakery to put up a big system on their roof., that's commercial...I
don't know if... does this law...this law covers...
Ms. Brock — It covers all zones.
Mr. Mountin -1 have a problem with that because it's certainly different for
commercial/ industrial than it wouid be for residentiai. ^
Mr. Niefer - So you're suggesting a iimit of 750 square feet of solar surface?
Mr. Mountin - Yes. Ground mounted.
Mr. Niefer - For a normai home.
Mr. Mountin - Yeh. For residential zoning.
Ms. Balestra - That would be bigger than the one on Trumansburg Road.
Right?
Mr. Mountin - Right, but someone might have a bigger...some one might have a
5-acre lot. Or you know... It would be comparable to...You get into that big a
size, then you are... I think you really are needing to come to the zonier to see
how...are there impacts on the neighbors, are there impacts on the environment
where you doing that with run-off...you can get some big systems with some
erosion, potentiai run-offs of those panels...
Chairperson Eilsworth - Let's take an item at a time here. Is there any other
feeling about this square footage limitation from other members?
Mr. Nlefer -1 think certainly the square footage should be limited. I think there
should be some kind of side yard buffer and maybe even a certain percentage of
lot, particular...! think... My personal view is that none of these collectors should
be in front yards anyway.
Chairperson Ellsworth - Well, I was going to get to that.
Ms. Brock - Let's do the area first.
Mr. Niefer- Right....criteria...no front yard solar collector panels...because I
think they look horrible and...well... I wouldn't be very unhappy to have
somebody put a solar collector panel in the front yard in our neighborhood...
even some of these jungle gyms and play things that people put in their front
yards...it makes you look...it makes the neighborhood look like a schoolyard.
Put them in the back. So that's why I feel that it just clutters up and makes the
neighborhood look unkept.
Mr. Mountin - Well, what if your house is set back 300 feet from the yard...from
the road...can you put the panels 250 feet from the road but they're still in the
front of your house.
Mr. Niefer-With screening at the road.
Mr. Mountin - With screening at the road or something like that, yeh...bushes or
something. I think...there are some variances or some trade offs ... if you've got
a house that's 50 feet...meets the minimum set back from the front, maybe that
won't... that setback criteria could be established, as nothing closer than the
setback, but...you know... people got a big yard, why not put them in the front
yard. If that's the best... if that's the best solar access.
Mr. Niefer - People are actually putting these great big tv dishes in their front
yard too, I mean there are still some around in the Town of Ithaca that are sitting
in people's front yard and you know...they've just been abandoned.
Mr. Mountin -1 think the law is also saying that if there's anything abandoned it
has to be removed as far as the tv's go... finally...
Ms. Brock - Yes, this law does require the removal of the solar collectors if they
are not used for a certain amount of time.
Mr. Mountin - Go up and see the meter not running backwards.
Mr. Matthews - Is it possible to put into the zoning constrictions that it
can...based on the square footage of the home...the size of the solar
panels...based on the square footage of the home or the usage in the home?
f \
Ms. Brock - Well the only thing is that the zoning ordinance actually allows public
utilities as a right, even in residential zones. And so it would be inconsistent for
this law to say that the collectors can be sized only to serve that home and not
meter any of the excess energy back on to the grid because if you're going to
allow public utilities everywhere, then you should be able to allow oversized
collectors to be built to that send energy back to the grid.
Mr. Matthews - But the homeowner is not in the business of..
Ms. Brock - It doesn't matter. It's a permitted use. In the residential zone, public
utilities are permitted as a right.
Mr. Matthews - But don't we have to balance the neighborhood needs verses the
social, the larger social needs.
Ms. Brock - Well I think you can do that by just putting an overall limit on the
area, the total area, but trying to say that you can not produce anymore energy
than your home is going to need and so you have to size your collectors
accordingly, I don't think that that would be something that we could really justify
based on the way that rest of the ordinance is set up right now with public utilities
permitted as a right in residential zones.
\
Mr. Matthews - We would be violating the law if we required it?
Ms. Brock - Well I think your law...I think the zoning ordinance would be
internally inconsistent if you were to do that.
Mr. Krantz - You know that wouldn't be a problem...
Mr. Niefer - If we limit to say 500 feet, that's doing the equivalent of putting them
in a position of not generating power and selling it to the neighbors.
Mr. Matthews - That's fine.
Mr. Mountin - You can't sell it to the neighbors anyway. You've got to sell it to
NYSEG and that's required something the law addresses... off grid solar
systems too...in terms of siting in terms of size, area...this just really talks to the
fact of NYSEG grid connected solar collector systems.
Ms. Brock - No it's not written to ...
Mr. Mountin - No, it doesn't mention it.
Ms. Brock - It's not really written to really differentiate between what's connected
to the grid and what's not.
I I
Mr. Mountin - So it's vague enough. I readit...
Ms. Brock - Well It's not vague, it just covers both types of installations.
Mr. Mountin - Well, they're very different. They are very different in terms of
safety in terms of installation, in terms of expertise in doing them. You're talking
batteries in off grid systems...they're very different than grid conne..grid tied
systems.
Ms. Brock - So there are requirements that the people who do the installations
have to be qualified and there's a long definition about who is qualified and the
requirements that any connections to the grid be inspected by the appropriate
utility and things like that too, so...
Mr. Mountin - So I have an issue with that too. As having installed my own,
I'm... I'm not a licensed installer but I'm pretty handy and a lot of people are pretty
handy at doing things and are smart enough and do a lot of installing their own
furnaces, install your own water heaters, I don't...this is...installing pv panels or
solar hot water thermal hot water storage collections isn't that hard. A lot of
people can do it themselves. I think that the important thing is that it be
^ inspected by a licensed electrician and by the building code inspector, but I think
you should allow anyone, by right, to install, to do their own work on their own
home as long as it's code approved and electrical or building inspector approved
after you've finished it. I mean, lots of us have put our own heating systems on.
I put my own pvs on, I put my own solar hot water, but I did get them inspected
by a licenses electrician and by the zoning inspector but, qualifted kind of brings
the sense then only business people or only licensed business people should do
this, and I think that that's a deterrent for people.
Ms. Brock - The law as drafted doesn't say that. It says that if you can show that
you've had appropriate training... you can also be deemed to be qualified to do it.
The Codes and Ordinances Committee actually discussed that requirement a lot
and I believe it's the National Electrical Code that a lot of this ianguage came
straight from that, so the Town really wasn't imposing anything above and
beyond what the National Electrical Code would have required anyway. But that
issue isn't before you anyway, the Town's really referred this to you for those
three distinct issues of total area, height and placement in yard. Which yards
should it be allowed in.
Chairperson Ellsworth - Have we come to an agreement on the square footage?
Kill one bird at a time here. Either 500 or 750....
Mr. Niefer - The one at Trumansburg Road was 6
Mr. Mountin - 600
Ms. Brock -1 believe it was about 600.
Mr. Matthews - What's the difference between 750 and 500? I mean..
Mr. Niefer-250....
Mr. Matthews - Give me a visual here someplace.
Mr. Mountin - It's about another 1500 watts of power.
Mr. Niefer - 10 by 25. 10 foot by 25 foot's a total of 50 square feet.
Mr. Mountin - 750 square foot array would be enough power to probably do a 3-4
bedroom house, family of 4 or 5, with 3000 square feet.
Ms. Brock - Is that include heating?
Mr. Mountin - It depends what king of heating system but typical electric load.
Ms. Brock - What if they have electric heat?
Mr. Mountin - No way.
Ms. Brock - No. So your looking at some other type of energy to heat the home.
Oil or wood or gas.
Mr. Mountin - Yes.
Ms. Brock - Okay.
Mr. Niefer - An extra 250 square feet is 10 x 25.
Mr. Matthews So that panel right there where the clock is on is half....half...is
that 10 feet high? That brown panel?
Mr. Niefer - Probably.
Mr. Matthews - So that's the size of the panel. About 500 square feet.
Mr. Mountin -10 by how far?
Mr. Matthews - 10 x 25
Mr. Niefer - That's 250 square feet.
I
Mr. Matthews - So 500 is double that?
Mr. Niefer - That's the additional one, about 500.
Mr. Matthews - That's huge.
Mr. Mountin - It's big. It's pretty big. And I think to have it for a two-person
household.
Mr. Matthews - That's huge. That's from the top of that brown panel down to the
floor where Chris is walking....is approximately 500 square feet.
Mr. Mountin - But then again you may have somebody with a big huge 5 acre lot
that has a big huge house that...that doesn't look so big.
Mr. Matthews - That's big.
Chairperson Ellsworth - We aren't going to be able to describe all of the limiting
factors.
Mr. Matthews - Well now your looking at...you know... something 500 square
feet in the back yard is impacting the neighbors view, if they like looking down the
valley, that thing is going to block it.
Mr. Mountin -1 think it's a question of also, how many times do you want people
to come in for the variances, for going beyond the 500 square feet.
Mr. Krantz - The one on Trumansburg Road that many of us have seen is 600
square feet, and it costs something like $40,000 dollars to put it in, so you know,
one of the limiting factors here is; solar panels, particularly when they are not
attached to the rest of the house. Are not cost efficient. I mean they're efficient
for a lot a people it's worth it for saving on energy and it's their thing to do but, in
terms of economics, it really doesn't make a whole lot of sense, number 1 and
then you have a lot of maintenance expenses as well, and so it's not likely that
anyone is really gonna even want to sell off an excess of energy.
Chairperson Ellsworth - Well, let's have a show of hands on the...or we'll be
here all night. Squarefootage...Howmany say limititto upto750? How many
say limit it to 500? Okay.
Mr. Niefer - So this is our recommendation, limit it to 500. They've got that part
of it taken care of.
Chairperson Ellsworth - Now Dave, do you want to enlighten us on the height.
Mr. Mountin - Most systems...
Chairperson Ellsworth - Those that can be moved...
Mr. Mountin - Most systems...a movable tracking system? There's ^o different
types of ground mounted systems, one's that are stationary and one s that
automatically track the sun. Those are the most efficient.
Ms. Brock - And the height requirement would apply to either one of those.
Mr. Mountin ~ Either one of those. I have never seen systems over 15 feet.
Even these big 500-square foot, six...tract ones. The tract ones...It's a huge
pole to put that much pv on a system that actually tracks the sun so, mostly
ground mounted systems that don't track the sun. I've never seen them above
15 feet, so. That limitation then, also means that your not chopping...your not
chopping down a lot of trees...you know, or people have to make an
assessment. The higher you go up, people are going to realize, well I can chop
down less trees because of the higher I can get them up. But also, at the same
time. It actually...there's an Impact to what that may do for shading or for the
effect for the other neighbors, but I've never seen a system taller than 15 feet.
Mr. Matthews - So we're talking about 15 foot to the top of the array.
Mr. Mountin - From the ground, yeh. Most of them are...you know... 10-12 feet.
Ground mounted systems, even this one...this real big one on Taughanock,
that's not, that's not higher...
Ms. Brock- Trumansburg Road...
Mr. Mountin -Trumansburg Road...Taughanock Boulevard...
Mr. NIefer - Fifteen feet from ground level to the highest extremity of the panel
when It's...adjusted In it's most vertical position.
Chairperson Ellsworth - Can we get a show of hands on that.
Ms. Brock- So wait, how many voted for that?
Chairperson Ellsworth - Three.
Mr. NIefer - Four.
(Inaudible)
Chairperson Ellsworth - What was...what was the third?
Ms. Brock- The location, whether side and rear yards only or also t i
^ Chairperson Ellsworth - Rear, side or front...
Ms. Brock-And again, this is as of right...these issues you are discussing are
what will just be permitted as right, they don't have to do anything but comply
with these requirements and they can get their building permit. So there is
always the option to come in for an area variance to either... bigger area, taller
height or if you decide on side/rear yard
Chairperson Ellsworth - The yard that we don't...
Ms. Brock- ...could go in front yard...but keep in mind that counter argument of;
Why not put it where the sun is best and we don't want to somehow inadvertently
encourage people to cut down trees to put it in the rear yard or side yard as
opposed to the front yard.
Mr. Krantz - That's kind of tough because its... it kind of depends... if your to go
for the side yard say...
Mr. Niefer— I'm not in favor of side yards.
Ms. Brock- Well they would still have to meet all of the applicable setback
requirements. So the side setback requirements and the rear setback
requirements that apply to that zone, would still apply.
Mr. Matthews - So, does it matter? I mean if the side yard setback is
maintained, so rather than look at somebody's windows, and you can't peeping
tom, you get to look at a solar panel. What's the difference?
Chairperson Ellsworth - Well, let's first...
(laughter)
Chairperson Ellsworth - ...and maybe we can conclude the meeting.
Chairperson Ellsworth - How many agree with them in the backyard?
Mr. Matthews - We all do. That's fine, that's fine.
Chairperson Ellsworth - Now we'll move to the side yard.
Mr. Matthews - I think we should maintain the side yard setback and leave it at
that.
Chairperson Ellsworth - Side yard while maintaining the setback. How many
agree with side yard while maintaining the setback.
Mr. Matthews - Leave it that and then 16-foot... n
Mr. Niefer- Well, no.
Mr. Matthews - No.
Mr. Niefer-No.
Mr. Matthews - Argument why not.
Ms. Brock-We got three.
(inaudible)
Mr. Krantz - They're ugly... maybe that's why.
Chairperson Ellsworth - Okay, I guess we got three out of four. Now we'll go to
the front yard. Any votes for putting them in the front yard, as long as they have
setback from the road.
Mr. Matthews - None. Not from me.
Chairperson Ellsworth — No votes for that.
Ms. Brock- Okay, so the report back to the Town Board is that the Zoning Board
recommends a maximum 500-square feet on the ground mounted and pole
mounted facilities, a maximum of 15-foot height again for those types of facilities,
and placement in the side or rear yard only, not in the front yard. Correct?
Mr. Matthews - With setbacks?
Ms. Brock- Right. Actually that's written into the law already, that ...that's one of
the requirements.
Mr. Niefer- . ..for information... Is a solar collector free-standing to be
considered a structure within the scope of zoning?
Ms. Brock- It...let's see...
Mr. Niefer- Particularly with regard to setbacks and side yard...rear yard...
Ms. Brock- Yeh, we'll make sure it do's
Mr. Niefer-...setback too...
I I
I \
Ms. Brock- Yeh, we'll make sure that that works. That... It says that... one of the
requirements Is the location of the solar collector meets all applicable setback
requirements of the zone in which it is located. Maybe we should say all
applicable requirements for structures or whatever.
Mr. Niefer- So basically if this gentleman who just applied for a variance, wanted
to put a solar panel in his...the back yard at this place, and he's already 28 feet
from the back and he wanted to put the solar panel back there, the zoning would
not permit it because the solar collector's considered a structure, needed to be
30-feet from the back iot line.
Ms. Brock- Correct.
Mr. Mountin - He'd need a variance.
Mr. Niefer- He could apply for a variance.
Mr. Mountin - And a lot of them will.
Ms. Brock- Right. Your gonna still see these applications.
Mr. Mountin - A lot of people.
Ms. Brock- Hopefully a lot of them will just fall within whatever law is finally
drafted. The intent was to allow a certain proportion of these to just occur as a
right as long as they can meet all of the requirements. They don't have to come
to you for a...
Mr. Matthews - Or if it's a 400-foot deep lot, why certainly there's lots of room
back there to put a solar collector. Or even a 300-foot deep lot, there s lots of
room to put it. But in a residential area like where this development is...
Mr. Mountin - The law also might encourage designers, and architects and
builders to look at site location of the house because it's in a best practical
location is on the house. Creating a law might get people to think about how
they're orientating that house if they want solar collectors and put them on the
roof vs the ground, then we should design these with knowing the setback.
Ms. Brock- And everything's allowed on the house, I mean, as long as they can
meet building code. The zoning is not limiting what goes on the roof.
(inaudible)
Mr. Matthews - Put em on the roof.
ATTACHMENT 7
9/11/2006
□□□□□□□Town Assigned Project ID Number
_ Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)2. Project Name 7-'^
Local Law - Adding Chapter XXa of the Town of Ithaca Code,
Titled "Stormwater Management," Regarding Repair of
Stormwater Management Facilities and Recovery of Town
Charges.
1. Applicant/Sponsor
Town of Ithaca Town Board
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
Townwide
Tax Parcel Number: N/A
4. Is proposed action:
NEW?EXPANSION?MODIFICATION/ALTERATION? X (Amendment of Town Code)
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other
relevant items):
Enactment of a local law adding Chapter the Town of Ithaca Code, titled "Stormwater Management," regarding repair of
stormwater management facilities and recovery of Town charges. The local law would require that privately-owned stormwater
management facilities be maintained in good working condition and kept in good repair, would allow the Town to enter the private
property to make repairs or cause such repairs to be made should the owner fail to complete the repairs after proper notification by the
Town, and would provide a procedure for the Town to recover any costs and expenses incurred by the Town in connection with any
such repairs.
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
Amount of land affected: N/A (Townwide)
Initially (0-5yrs) Acres (6-IOvrs)(>10yrs) Acres
7. How is land zoned presently? N/A (Townwide)
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes NO If no, describe conflict briefly: N/A
9. Will proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other
Please Describe: N/A (Will affect the maintenance and repair of stormwater management facilities anywhere in the Town)
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local?) YES NO X
If yes, list agency name and permit/approval/funding:
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO ^
If yes, list agency name and permit/approval. Also, state whether it will require modification.
KNOWLEDGE
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY
Applicant/Sponsor Name (Print or Type): Catherine Valentino. Supervisor, Town of Ithaca
Signature and Date: 9/11/2006
PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary)
Does proposed action exceed any Type 1 threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES NO X If yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
(Answers may be handwritten, if legible)
Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None anticipated. The local law is intended to prevent increases in the magnitude and frequency of stormwater runoff, reduce
flooding hazards, and control erosion and sedimentation by ensuring the proper maintenance and repair of stormwater management
facilities.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated.
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
^C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:
None anticipated.
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly:
None anticipated.
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X Ifyes, explain briefly: See Attached.
E. Comments of staff X , CB , other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination.
Town of Ithaca Town Board
Name of Lead Agency Preparer's Signature(If different from Responsible Officer)
Catherine Valentino. Supervisor
ime & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
DATE: 9/11/2006
Signature of Responsible Officer in Lead Agency
ATTACHMENT 8
9/11/2006
TOWN OF ITHACA
'^ LOCAL LAW NO. 10 OF THE YEAR 2006
A LOCAL LAW ADDING CHAPTER 228 OF THE TOWN OF ITHACA
CODE, TITLED "STORMWATER MANAGEMENT," REGARDING REPAIR
OF STORMWATER MANAGEMENT FACILITIES AND RECOVERY OF
TOWN CHARGES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Town of Ithaca Code is amended by adding Chapter 228, titled
"Stormwater Management," as follows:
"CHAPTER 228
STORMWATER MANAGEMENT
§ 228-1. Repair of stormwater management facilities and recovery of
Town charges.
A. This chapter is adopted pursuant to the laws of the State of New York, including
§ 130, Subdivision 15 of the Town Law, § 10, Subdivision 2 of the Municipal
Home Rule Law, and § 10, Subdivision l(ii)a(9-a) of the Municipal Home Rule
/ X Law, in order to protect and promote the health, safety and welfare of the
community. Among other purposes, this chapter is intended to prevent increases
in the magnitude and frequency of stormwater runoff so as to prevent an increase
in flood flows and in the hazards and costs associated with flooding; control
erosion and sedimentation so as to prevent sediment deposition in streams and
other receiving water bodies; and facilitate the removal of pollutants in
stormwater runoff,
B. Privately-owned stormwater management facilities shall be maintained in good
working condition and kept in good repair. If the Town notifies a property owner
of maintenance deficiencies, the owner shall cause needed repairs to be made
within the number of days set forth in the Town's notice.
C. If the owner fails to complete the repairs to the satisfaction of the Town's Director
of Engineering within the period set forth in the Town's notice, the Town may
enter the property to make the repairs or cause them to be made. The Town's
entry onto such private property shall be pursuant to an agreement between the
Town and property owner. If no agreement exists or can be obtained in a timely
manner, the Town may enter such property to remove an imminent danger to life,
property or safety of the public caused by the inadequate operation or repair of the
stormwater management facilities.
July 10,2006
D. The Town shall present the property owner with a bill for all costs and expenses
incurred by the Town in connection with the repairs. If the owner shall fail to pay ^
such costs and expenses within 10 days after the demand for same, or within 30
days of the final decision on any administrative or judicial contest the owner may
pursue, then such unpaid costs, expenses and interest at the per annum rate of 9%
incurred from the date of repair shall constitute a lien upon the leind on which the
stormwater management facilities are located. A legal action or proceeding may
be brought to collect such costs, expenses, interest, and recoverable attorney's
fees, or to foreclose such lien. As an alternative to the maintenance of any such
action, the Town may file a certificate with the Tompkins County Department of
Assessment stating the costs and expenses incurred and interest accruing as
aforesaid, together with a statement identifying the property and owner. The
Tompkins County Department of Assessment shall in the preparation of the next
assessment roll assess such unpaid costs, expenses and interest upon such
property. Such amount shall be included as a special ad valorem levy
(administered as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings, at
the same time, and under the same penalties as are provided by law for collection
and enforcement of real property taxes in the Town of Ithaca. The assessment of
such costs, expenses and interest shall be effective even if the property would
otherwise be exempt from real estate taxation."
Section 2» In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
July 10,2006 2 ^
9n/06 Town BoaryR. Schoch/M. Kirchgessner
Stephen J. Colucci
207 Tudor Road
Ithaca, New York 14850
ATTACHMENT 9
9/11/2006
September 6, 2006
Oy
f ^
To whom it may concern:
I thank you for inviting my family to the September 11 Town Board
meeting at which participants in the Student Work Initiative Program will
be recognized. My son Greg participated in the program this past
summer but is now away at college and will be unable to attend the
meeting. He thoroughly enjoyed the Program and wished that he could
have spent more days participating in it than his summer schedule
allowed. 1 especially thank Rich Schoch for alerting Greg to this program
and for serving as a mentor to Greg while he completed his Eagle Scout
service project, landscaping the Pew Trail parking area and installing
Greg's "Welcome to Eastern Heights Neighborhood" sign.
Sincerely,
Steph^ J. Colucci
f \'
f \
10-06;11:51am;
Revised 6/16/06
9/11/2006 ATTACH]^!^ ^0
Pjrff — Tee. - AiMai AGENDA #15^
PERMIT APPLICATION
PUBLIC DISPLAY OF FIREWORKS
(PENAL LAW SECTION 405,00)
® H D" W H
AU6 3 1 2006
attest
ITHACA TOWN CLERK
This application form is provided by the Town of Ithaca for the benefit of persons applying for a permit for
die public display of fireworks, as defined in New York State Penal Law Section 405.00. It is the
obligation of fiie applicant to provide a completed ai^lioation, and no action will be taken by tto Inning
Agent unless and until all information required by this application is provided and this ^^Izcation is
verified by die applicant The Town of Idiaca shall not be liable for the foilure of the applicant to comply
whh such requirements.
NAME OF isODY SPONSORING THE DISPLAY:
tfuiUiLK^ Piito
NAMES OF PERSONS IN CHARGE OF THE FIRING OF THE DISPLAY:
Q~ -J^icAy .
DATE AT WHICH THE DISPLAY IS TO BB HELD:
h 0 (c ,
TIME OF DAY AT WHICH THE DISMAY IS TO BE HELD:
EXACT LOCATION OF THE DISPLAY: ,
DATE NOISE PERMIT RECEIVED FROM TOWN BOARD:
AGE, EXPERIENCE AND PHYSICAL CHARACTERISTICS OF PERSONS ACTUALLY
DISCHARQINO THE FIREWORKS:
53
Yis Experience Height
Q^tfVLCl b
NUMBER AND KIND OF FlREWOlto TO BE DISCHARGED:
CAASA 6 Gotoft- 5Kc.Us
MANNER AND PLACE OF STORAGE OF FIREWORKS PRIOR TO DISPLAY:
thltUuLcL
, a t, K. ,»«
r^
mm f £ auA
fiAeuJevoK^
, 'V. w07-io-06:11 :51am;
i * '
Revised ^16/06
#3/9
/ s
f \
/^S
DIAGRAM OF THE GROUNDS ON WHICH THE DISPLAY IS TO BE HELD SHOWING:
POINT AT WHICH THE FEEUBWORKS ARE TO BE DISCHARGED..
*foo^4-LOCATION OF ALL BUILDINGS.
LOCATION OF ALL HIGHWAYS.
LINES OF COMMUNICATIONS. _
'iOO r^K2. 0
LOCATION OF ALL NEARBY TELEGRAPH OR TELEPHONE LINES.
45)- LINES BEHIND WHICH THE AUDIENCE WILL BE RESTRAINED.
^ LOCATION OF ALL NEARBY TREES.
Len
(8)
BOND:
INDEMNITY INSURANCE POLICY:
OTHER OVERHEAD OBSTRUCTIONS.
STATE OF NEW YORK)
SS:
COUNTY OF TOMPKINS)
f,s. Fo^+er- ^ being duly swoniji deposes and says that deponent is die
applicant in the foregoing application, that deponent has read d)^regoing application and^^iw the
contents diereoi^ that the same is true to deponent*s ovm knot
Sworn to before me this
day of AtcA^ .
2006.
pMr^
Notary PubHo
„ .meu^lmacmhuw
n r • #4/9
07-10-06; 11 :51am:
TOWN OF ITHACA
215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
vvww.town.ithaca.ny.u8
TOWN CLERK'S OFFICE
PHONE (607)273-1721 FAX (607) 278-S8S4
TOWN OF ITHACA NOISE PERMIT APPLICATION
NAMeORGANIZAtlON: LiTTUT?- R\ty
PERSONS RESPONSIBLE FOR EVENT:
ADDRESS; Rt M-^/- PHONE NUMBER: 1*^
ADDRESS OF PROPOSED EVENT: KSl ^ 'r—^^fULLd^,'1^ ^
PROPERTY OWNER: XUC Hjilt IL— —
DATE PROPERTY OWNER NOTIFIED:
Tt> ^".co rVv\
^TE APPROVAL OF PROPERTY OWNER GIVEN: M U- Li
>1
TIME SCHEDULE OF PROPOSED EVENT;
ESTIMATED NUMBER OF PERSONS ATTENDING EVEN
SIGNATURE OF PERSON RESPONSIBLE FOR EVENT;
REASONS FOR SUCH USAGE:
hrt>L-
PLANS AND SPECIFICATIONS OF THE USE; / , , ^,yi-lLfUt J4M.IUI (UAL^ ^UJ.l0^lCL
NOISE ABATEMENT AND CONTROL METHODS TO BE USED;
rv— —^^
, ; Town eflthaoa Noise Peimtt
' AppravedMay, 13,2002
TB ResoUrtien No. 200Z<072
,07-io-oe;ii:siAM; ; # g/.s
DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO THE ORDINANCE;
< \
ES AND ADDRESSES OF NEIGHBORS NOTIFIED;
KM fUllg LajulL
llUJLJAAM
AUTHORIZATION FOR PERMIT (From Town Noise Ordinance):
yi/here the enforcement of this Ordinance would create an unnecessary hardsh^, the Town Board, in its
discretion, is authorized to grant a permit for a specific waiver from the rsquiraments of this Ordinance. Si/c*
waivers shaS be granted only in those circumstoncea where the af^ilcant demonsir^es that the waiver
necessary for e vi^id purpose, that the proposed vmiver is the minimal intrusion needed, that on balance % .
need for and benedts of the waiver outweigh the needs and rights of die sunounding neighbm to a peaceabf
arrd quiet environment
A pubiiG hearing before the Town Board shall be held in connecdon with the appilcation not iess than five (6)
days ader pubticadon of notice of such hearing in the Town's offic/a/ newspaper. The issuance of permits shaU
be discredonafy. The Town Board may impose any cond^hns deemed necessary by such Board to minimize
the intrusion of sound that might occur by the exercise of the privileges granted by the permd."
Applicant must conform to ail provisions set forth in the 'Ordinance Regulating Noise in the Town of
Ithaca". Please refer to the attached Noise Ordinance.
THE UNDERSIGNED APPUCAN1>AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE,
COMPLETE AND CORRECT.
SIGNATURE OF APPLICANT
DATE APPLICATION RECEIVED BY TOWN CLERK:
DATE APPROVED BY TOWN OF ITHACA TOWN BOARD:
: DATE: f
RESOLUTION NUMBER GRANTING AUTHORIZATION FOR PERMIT:
Town of Ithaea Noisa Pwn< ^
Approved May. 13,2X%
TBRi^lutionNo.^)a2-07^ ^
T.. From: Jim ■Foster To: Town of Ithaca Date: 8/27/2006 Time: 10:04:46 AM Page 1 of 6
FACSIMILE COVER PAGE
To: Town of Ithaca From: Jim Foster
Sc'^ 8/27/2006 at 10:04:44 AM Pages: 6 (Including Cover)
Si 'ct: six mile vineyards permits
Thanks for all of your help on this permit. We will be shooting several class b cakes and about 80 2.5 Inch shells.
The cost Is $1000. and should be over about 7:30 pm. You can reach me at work 1-315-696-6686 or home
749-4463, or fax 749-4121, or even email jfoster7@twcny.rr.com Thanks again for all of your help. I will need
a time to show up at your meeting on the 11th of sept. Please be advised that the owner of Six Mile Vineyardswanted to be the only one to contact neighbors. She aiso said she would send us a list of names. Also the
certificate of Insurance will follow this week.
\
ATTACHMENT 11 AUG 2 1 2006
9/11/2006
1 New York State
' ^ OrncE OF Parks, Recreation and Historic Preservation
Bernadeue Castro Geoi^e E. Pataki
Commissioner (.overnor
August 8, 2006
Honorable Catherine Valentino
Supervisor
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
Dear Supervisor Valentino:
Congratulations! As Governor Pataki announced today, a matching grant of $40,000 has
been reserved from the Environmental Protection Fund for the Town Playground
Replacements.
Your grant will be fomially awarded by means of a contract, which will be coming to you
from your Regional Grants Office in the near future. I urge you to work very closely with
the Region, and not lo begin work on your project until appropriate contract conditions have
been satisfied.
Governor Pataki's strong commitment to this program has made more than $14.3 million of
grant funds available for distribution this year. The need for this funding is demonstrated
once again by an extremely keen competition. Statewide, for these programs, we received
327 applications requesting S57.3 million. For the parks program, 190 applicants requested
$29.6 million; for historic preservation S24.9 million was sought by 122 potential grantees;
and for the Heritage Areas program, we saw 15 requests for $2.8 million this year. I am
delighted that yours was one of the grants that we were able to award from the more than
$14.3 million available to us.
We are eager to initiate our partnership with you for this very important project.
Mosysincerely,
^ %
Bemadeite Castro
Commissioner
State Historic Preservation Officer
Empire State Plaza • Agency Building 1 • Albany, New York 12238
518-474-0463 • FAX.: 518-474-1365
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