Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
TB Minutes 2006-07-17
Special Meeting of the Ithaca Town Board Monday, July 17, 2006 at 5:30 P.M. 215 North Tioga Street, Ithaca, New York AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Consider Approval of Town of Ithaca Abstract 4. Consider Approval of Bolton Point Abstract 5. Consider Approval of Minutes 6. Consider Adjournment H2 July 17,2006 Town Board Meeting Approved August 14, 2006 Special Meeting of the Ithaca Town Board Monday July 17, 2006 at 5:30 p.m. 215 North Tfoga Street, Ithaca, New York THOSE PRESENT: Supervisor Valentino, Councilman Engman, Councilman Stein, Councilman Cowie, Councilwoman Leary OTHERS PRESENT: Tee-Ann Hunter, Town Clerk CALL TO ORDER Supervisor Valentino called the meeting to order at 5:30 p.m. and led the assemblage in the Pledge of Allegiance. Agenda Item No. 3 - Consider Approval of Town of Ithaca Abstract TB RESOLUTION NO. 2006-155: 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. 2267-2415 General Fund Townwide $ 119,678.33 General Fund Part Town $9,702.94 Highway Fund Part Town $218,883.22 Water Fund $60,800.50 Sewer Fund $ 209,929.49 William & Hannah Pew Bikeway $5,966.31 Risk Retention Fund $6,290.68 Fire Protection Fund $0 Forest Home Lighting District $222.49 Glenside Lighting District $85.85 Renwick Heights Lighting District $122.39 Eastwood Commons Lighting District $286.24 Clover Lane Lighting District $32.22 Winner's Circle Lighting District $106.88 Burleigh Drive Lighting District $112.72 Westhaven Rd Lighting District $350.57 July 17, 2006 Town Board Meeting Approved August 14, 2006 Coddington Rd Lighting District $ 208.06 Trust & Agency $ 100.00 TOTAL: $ 632.878.89 MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye. Motion carried. Agenda Item No. 5 - Consider Approval of Minutes TB RESOLUTION NO. 2006-156: Town Board Minutes of June 12. 2006 WHEREAS, the Town Clerk has presented the minutes for a Regular Town Board meeting held on June 12, 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 June 12, 2006 as presented at the July 17, 2006 board meeting. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye. Motion carried. Agenda item No. 4 - Consider Approval of Bolton Point Abstract TB RESOLUTION NO. 2006-157: Bolton Points Abstract. WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 297-298; 355-377; 379-412; 414-418 n n July 17, 2006 Town Board Meeting Approved August 14, 2006 Check Numbers: 9193; 9195; 9251-9260; 9262-9313 Operating Fund $181,249.86 1998 SCADA Capital Project $ 4,017.13 2000 Bolton Road Project $ 1,303.33 2002 Office Space Addition $ 13,823.13 2003 East Hill Tank Proiect $ 155.632.75 TOTAL $ 350.026.20 MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye. Motion carried. Adjournment On motion by Councilman Engman, seconded by Councilman Cowie, the meeting was adjourned at 5:40 p.m. Respectfully submitted. Tee-Ann Hunter Town Clerk Next Meeting July 24, 2006 Regular Meeting of the Ithaca Town Board Monday, July 24 at 5:30 p.m. 215 North Tioga Street, Ithaca, New York AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Tim Joseph 4. Report of City of Ithaca Common Council 5. Report of Fire Commission - Bob Romanowski 6. 6:00 p.m. - Persons to be Heard and Board Comments 7. 6:15 p.m. - Presentation regarding draft stream setback law 8. Consider referring draft Outdoor Lighting Law to the Planning Board for a recommendation 9. Consider referring the draft Solar Collector Law to the Planning Board for a recommendation 10. Discussion of fee structure for pavilion use 11. Consider resolution regarding naming of East Ithaca Nature Preserve 12. Discussion and introduction of model Stormwater Operations and Maintenance Agreement 13. Consider appointment of alternate to Tompkins County Council of Governments 14. Consider appointment to the Conservation Board 15. Consider Resolution of Appreciation for Crossing Guard Sara Jane Hymes 16. Consider Acceptance of Local Government Records Management Improvement Fund Grant 17. Consider approval of 2007 wage scale 18. Authorization to modify and amend the 2006 County and Town Joint Youth Programming Budgets J ' 19. Consider Approval and authorization to amend the 2006 General Part Town Highway Fund Budget for purchase of a Town Highway dump truck 20. Consent Agenda a. Promotion to Motor Equipment Operator b. Promotion to Heavy Equipment Operator c. Ratify Deputy Town Clerk appointment d. Temporary wage increase for Court Clerk 21. 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 22. Report of Town Committees ' a. Agriculture Committee b. Agricultural Land Preservation Committee c. Alternate Energy Committee d. Board Policy and Protocol e. Capital Projects and Fiscal Planning Committee f. Codes and Ordinances Committee g. Ethics Committee h. Personnel Committee i. Public Works Committee j. Recreation and Human Services Committee - Discussion k. Records Management Advisory Board I. Safety Committee m. Transportation Committee 23. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee c. Intermunicipal Cooperation and Consolidation Study Group d. Joint Youth Commission e. Lake Source Data Sharing f. Pegasus Oversight Committee g. Recreation Partnership i h. Special Joint Committee (Sewer) i. Southern Cayuga Lake intermunicipa! Water Commission j. SPCA monthly report for January 2006 24. Review of Correspondence a. 6/2/06 memo from J. Johnson re Recreation Partnership Bylaws b. 6/3/06 letter re liquor license application for Olivia's c. 6/15/06 memo from Town of Danby re real property assessment practices in Tompkins County d. 6/19/06 letter from D. Tyler re agreement of municipal cooperation re court attendant e. 6/22/06 letter from D. Hoffman re regulations on taxicabs f. 6/23/06 letter from R. Romanowski re July Town Board meeting g. 6/23/06 memo of appreciation from Ithaca Board of Fire Commissioners h. 6/23/06 grant award from the New York State Archives i. 6/28/06 letter from G. Winner re Conifer Village at Ithaca j. 6/30/06 memo from Danby re shared agreements k. 7/5/06 memo from Groton re Tompkins County Council of Governments I. 7/6/06 letter from C. Valentino re Six Mile Creek Vineyard m. 7/7/06 memo from D. Jayne re 2007 Youth Budget n. 7/7/06 letter from D. Tyler re agreement of municipal cooperation re court attendant o. 7/12/06 memo from Groton re Tompkins County Council of Governments 25. Consider Adjournment July 24,2006 Town Board Meeting Approved August 14, 2006 REGULAR MEETING OF THE ITHACA TOWN BOARD 215 NORTH TIOGA STREET, ITHACA, NY 14850 MONDAY, JULY 24, 2006 AT 5:30 PM THOSE PRESENT: Catherine Valentino, Supervisor; Will Burbank, Councilman; Sandy Gittelman, Councilwoman; Herb Engman, Councilman; Peter Stein, Councilman; Jeff Cowie, Councilman; Pat Leary, Councilwoman. STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Guy Krogh, Attorney; Fred Noteboom, Highway Superintendent; Dan Walker, Director of Engineering; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager. OTHER PRESENT: Tim Joseph, Tompkins County Legislature; Bob Romanowski, Ithaca Fire Commissioner; Thak Chaloemtiarana, 881 Taughannock Boulevard; Larry Salmi, Town of Ithaca Public Works Department; Linda Fetherbay, Town of Ithaca Court Clerk; Don Ten Kate, Town of Ithaca Public Works Department; Rich Ten Kate, Town of Ithaca Public Works; Hank Yolman, Town of Ithaca Public Works; Craig Ballard, Town of Ithaca Public Works and Tax Payer; Jamie Stevens, Town of Ithaca Public Works; Gail H. Kroll, Town of Ithaca Public Works; Rich Schoch, Town of Ithaca Public Works; Carrie Whitmore, Town of Ithaca Employee; Lisa Carrier-Titti, Town of Ithaca Employee; Nicole Carrier-Titti, Spouse of Town of Ithaca Employee; Sandra Polce, Town of Ithaca Employee; Dani Holford, Town of Ithaca Employee; Mamie Kirchgessner, Town of Ithaca Employee. CALL TO ORDER Supervisor Valentino called the meeting to order at 5:35 p.m. and led the assemblage in the Pledge of Allegiance. Supervisor Valentino introduced Guy Krogh, an attorney filling in for Susan Brock, to the Board. The Board introduced themselves to Mr. Krogh. Agenda Item No. 3 - Report of Tompkins Countv Legislature - Tim Joseph Tim Joseph appeared before the Board on behalf of the Tompkins County Legislature and reported as follows: The Legislature voted to join the Tompkins County Council of Governments and appointed Tim Joseph as the County representative and Martha Robertson as the alternate. The County hired two Deputy County Administrators. Paula Younger was appointed fulltime Deputy Administrator and Sean Martell-Moore was appointed half-time Deputy Administrator, and half-time Director of Human Rights. The County is hopeful it will help the County Administrator in his workload. The Government Operations Committee has been reviewing the County policy on Advisory Boards. The County has 100 seats for Legislators on various outside boards. Mr. Joseph is encouraging some of the seats to be dropped. They have had some difficulty with the residency requirements for some of the seats. The Probation Director is required by the State to serve on the Criminal Justice Advisory Board, but the Probation Director does not 1 July 24,2006 Town Board Meeting Approved August 14, 2006 live in the County. Tompkins County has a policy that a person must be a resident of the County in order to serve on a Board. The policy has been changed to say, "except when State Law requires otherwise." Mr. Joseph noted that the Legislature is talking about changing the requirement so that if the seat were designated for a position, then the residency rule would not apply. He was interested in the Town's policy with regard to residency requirements on committees. Supervisor Valentino said that the Town has been fortunate and has not had a problem in finding persons to serve on committees and boards. Mr. Joseph asked if the Town had any problems with someone not being able to serve on a committee because of residency requirements. Supervisor Valentino did not think the Town has as many restrictions of categories with regard to who is able to serve on a committee. Mr. Joseph did not have anything further to report. Supervisor Valentino asked if the board had any questions for Mr. Joseph. There were no questions and Supervisor Valentino thanked Mr. Joseph for his report. Agenda Item No. 5 - Report of Fire Commission (Attachment #1) Bob Romanowski appeared before the Board on behalf of the Fire Commission and read his monthly report. Supervisor Valentino asked if the board had any questions for Mr. Romanowski. There were no questions and Supervisor Valentino thanked him for his report. I ' Rearranging Agenda Supervisor Valentino noticed that there were several employees in the audience interested in the discussion of the 2007 wage scale. She suggested the Board move that and Councilman Stein's presentation up on the agenda to occur after the presentation of the Stream Setback law. Councilman Stein had two items to present to the Board before considering approval of the wage scale. The first was a presentation about the personnel budget and the second was introduction of a resolution regarding the increment of wages of Town Board members. Councilman Stein preferred to make his presentation and introduction of the resolution before the discussion of the 2007 wage scale. Ms. Ritter suggested that the discussion regarding the wage scale could take place before the Stream Setback presentation. The Board agreed to rearrange the agenda. Agenda item No, 6 - Persons to be Heard and Board Comments Thak Chaloemtiarana, 881 Taughannock Boulevard (Attachment #2 - Letter from Mr. Chaloemtiaranna Mr. Chaloemtiarana appeared before the board to discuss the problem he has been having with his neighbors renting out their property on a weekly basis. He provided documents "pK regarding the situation that were distribution to the board prior to the evening's meeting. ' July 24,2006 Town Board Meeting Approved August 14, 2006 Mr. Chaloemtiarana was interested in the definition of "residential" because his neighbor has rented her house by the week for the past two years. He was very annoyed when he came upon a lease contract signed by 12 people. This lead him to research the zoning code, which defined a family as a unit of people who are related or two unrelated people. The lease was sent to the building department. Mr. Williams was interested in talking with the renters, but they are mainly there on the weekend and Mr. Williams does not work weekends. Mr. Williams wrote a letter based upon the lease, saying that the zoning ordinance was being violated. Mr. Chaloemtiarana commented that he shares a driveway with this property and currently there are 4 cars in the driveway. The next time Mr. Williams went to the property, he interviewed the tenants and the tenants stated that only one family was renting. The other people in the house were referred to as visiting friends. Mr. Chaloemtiarana questioned how that could be if the people visiting stay for the duration of the rental period. There is nothing in the zoning law that addresses length of rental. He has also been asked by his neighbor to police the parking lot and to tow anyone blocking him in. Mr. Chaloemtiarana directed the board's attention to the packet of information he provided. He referred to the advertisements on vacationrentals.com and gave an overview of the ad on the website. The total rental per week is $3000, which is a big incentive for his neighbor to continue renting the property out on a weekly basis. He is not sure what to do, but has registered his concern on the Town website asking for comments and did not receive a response. It was a last resort for him to come to speak to members of the board, who are his representatives. Mr. Chaloemtiarana noted he received a response from Councilman Engman and Councilman Stein, who promised to look into the problem. After consulting with an attorney, Mr. Chaloemtiarana wondered why as a tax paying citizen he should have to pay a lawyer to sue his neighbor or force the Town to enforce the zoning ordinance. Mr. Chaloemtiarana thanked the board for their time. Supervisor Valentino responded that several staff members and the Attorney for the Town have been looking at the situation and the zoning ordinance. She agreed that it was an unhappy situation for Mr. Chaloemtiarana, but staff is looking at it and trying to come to grips with the problem. Mr. Chaloemtiarana commented that he is not opposed to renting to long- term renters. It is difficult for him to get to know short-term renters. He did not think it was right for the Code Enforcement Officer to tell him that it was okay for one person to rent the property and the renter has the right to bring in 4 or 5 families every week for the duration of the rent period. Supervisor Valentino reassured Mr. Chaloemtiarana that the Town was looking into it. Councilman Stein thought that it was a violation of the law because the zoning ordinance limits the number of unrelated persons living together. He wondered if the zoning in this area was different from the zoning on South Hill. Mr. Kanter commented that it is basically the same provision in the zoning ordinance, but the difference is the time of the rentals. The typical situation on South Hill is usually semester or yearly leases. Mr. Chaloemtiarana's situation deals with weekly or shorter leases. July 24,2006 Town Board Meeting Approved August 14, 2006 Councilman Stein referred to his experience with the zoning on South Hill and understood that a resident would have to make a complaint to the Zoning Officer regarding a violation of the zoning. The Zoning Officer would investigate the complaint and then make a determination. He wondered if this was the same situation. Mr. Walker explained that the occupancy requirements are the same in both situations. The Town received a complaint documented by the leasing document, which rented the property to 12 individual. This was a clear violation of the zoning ordinance. In response to the violation, Mr. Williams wrote a letter to the owner of the property stating that they were in violation of the zoning ordinance if 12 people were renting the house. The owner's attorney responded by letter stating that the house would not be rented to more than a family unit. Mr. Walker commented that enforcement of renters having visitors is very difficult. Councilman Burbank asked Mr. Chaloemtiarana if the problem occurred seasonally. Mr. Chaloemtiarana explained that the property is rented out weekly year round. Councilman Burbank inquired if there were other properties being rented by the week. Mr. Chaloemtiarana was only aware of this property because of the share driveway. He understood the interpretation, but the property is advertised by the week without saying that the people needed to be related. Supervisor Valentino reiterated that Mr. Walker, Mr. Kanter, Ms. Brock and herself have been reviewing the situation and looking for a solution. Councilwoman Leary thought that there was overwhelming evidence that this was an ongoing business. She felt that the code should be changed to prohibit very short-term rentals as an ongoing business and that a neighbor should not have to be subjected to a business next door making $12,000 a month. Mr. Walker did not interpret the code to say that it is an illegal occupancy. He also has heard that _' there are a number of properties on Taughannock Boulevard that rent as well. He felt that the board needed to be aware of it before they change the code because there are a lot of other people doing the same thing and it might cause some other problems or issues. Mr. Walker appreciates the problem of having a neighbor that is not considerate. Councilman Stein could not believe that this situation has never arisen before on lakefront properties in other communities. He was not sure if there was anything that they could do, but knew that they have to take the problem seriously once it has been pointed out to the board. They should research what other communities have done to address the problem and get back to Mr. Chaloemtiarana in a reasonable amount of time. Supervisor Valentino reiterated that that is what staff is doing. They are having meetings and looking at what has been done in other communities. The research will be reported to the board. Mr. Kanter commented that the Codes and Ordinances Committee looked at the information at their last meeting and decided that they would like to discuss it further at their next meeting. Supervisor Valentino thanked Mr. Chaloemtiarana for coming before the board. Agenda Item No. 17 - Consider approval of 2007 wage scale Don Ten Kate, Working Supervisor, Public Works Department ^ Mr. Ten Kate appeared before the board and read from a prepared statement. (Attachment i #3) July 24,2006 Town Board Meeting Approved August 14, 2006 Craig Ballard, Senior Engineer Public Works Department, Town Resident Mr. Ballard appeared before the board and gave a brief statement in support of a 4% wage increase. Larry Saimi, Heavy Equipment Operator, Public Works Department Mr. Salmi appeared before the board and gave a brief statement in support of a 4% wage increase. Hank Yoiman, Laborer, Public Works Department Mr. Yoiman appeared before the board and gave a brief statement in support of a 4% wage increase. Supervisor Valentino stated the people would be able to make comments to the board after presentations have been made. Councilman Stein and Councilman Engman responded to Mr. Ten Kate's comments by saying that they agreed that there needed to be communication established between the Board Personnel Committee and the staff Personnel Committee and it should be rectified immediately. However, New York State Law states that Board Committees may be comprised of board members only. Board members agreed that it was important to have communication with staff and that the communication needed to be reestablished. There was discussion amongst board members regarding the configuration of board committees and who could serve on those committees. Councilman Stein introduced and moved a resolution regarding annual increases to board member salaries (Attachment #4). The draft resolution was read into the record. Councilman Engman seconded the motion. The board discussed the draft resolution and determined that the resolution reflected current practice of salary increases for the board. Councilwoman Leary thought that the board should consider increasing board member salaries so that it would be more feasible for people from every economic situation to run for Town Board. She added that the board should look at surrounding communities to see what other board members are paid. The board agreed to look at bringing their salaries up to a living wage, but it would be looked at separately from the current year's cost of living increase. TB RESOLUTION NO. 2006-158: Salary Improvement Program for Elected Officials WHEREAS, it is in the best interests of the citizens of the Town of Ithaca to enable any town citizen, irrespective of personal financial circumstances, to serve as an elected official of the Town, and WHEREAS, it is also in the best interests of the Town of Ithaca that the compensation of employees of the Town keeps pace with the standard of living of town residents, and WHEREAS, it is advisable to minimize the inherent conflict of interest when the Town Board and the Supervisor are responsible for proposing and setting their own salaries. July 24, 2006 Town Board Meeting Approved August 14, 2006 THEREFORE BE IT RESOLVED, that the Town Board requests the Supervisor to use the same salary improvement program for elected officials as for the Town staff for the purpose j of preparing the Supervisor's tentative budget. MOVED: Councilman Stein SECONDED: Councilman Engman. VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion Carried. Councilman Stein made a presentation to the board regarding the rate of increase in the personnel lines of the budget from 2000 to 2005. (Attachment #5 - printed copy of Councilman Stein's overhead slides) The board and staff discussed Councilman Stein's presentation at length. After much discussion, the board heard additional comments from staff. Mr. Ballard addressed the board regarding expenses being decreased since the Town has begun doing projects on their own rather than contracting out for services. He further explained he has never been asked about how to cut expenses and there are many things that staff sees could be cut, but staff are not asked for their opinion. ^ Mamie Kirchgessner, Recreation and Youth Coordinator, Town of Ithaca Ms. Kirchgessner comment on the high caliper and productivity of staff. Jonathan Kanter, Director of Planning, Town of Ithaca Mr. Kanter commented on the Board Personnel Committee's recommendation of 3.6% wage increase. He also commented on the human aspect that Councilman Stein addressed in his presentation. Mr. Kanter has worked for the Town for 12 years and staff morale is at the lowest level he has ever seen it, but at the same time productivity is probably at its highest. He felt that that could not keep happening and it is an important time for the Town Board to step up and show support for employees. Dani Holford, Senior Typist, Town of Ithaca Ms. Holford appeared before the board and requested that the staff be treated with the respect that they deserve. Supervisor Valentino brought discussion back to the board. Councilman Cowie and Supervisor Valentino discussed being able to have conflict and respect for the other party at the same time. Councilman Stein and Supervisor Valentino further discussed Councilman Stein's presentation and the discussion that had taken place earlier in the evening. Ms. Hunter requested that someone call the question with regard to the 2007 wage scale. i Councilwoman Leary questioned the respectfulness of senior staff walking out in the middle July 24,2006 Town Board Meeting Approved August 14, 2006 pmr of a discussion. She stated that the board was trying to have an open, honest discussion and that the board was arguing amongst themselves as well. It is not board versus staff. Supervisor Valentino brought the board's attention to the resolution before the board regarding the 2007 wage scale. Councilman Engman clarified that the Board Personnel Committee can make a recommendation to the board regarding the wage increase and the board can pass a resolution suggesting an increase to the Supen/isor, but ultimately the Supervisor determines the numbers used in the tentative budget. Supervisor Valentino concurred that the purpose of the resolution was for the board to make a recommendation to the Supervisor. Supervisor Valentino explained that she has budgeted for staff to receive a 4% wage increase and for health insurance costs to be covered 100% by the Town. Currently, she is looking at roughly a 3% tax increase. Councilman Stein did not see the point in voting on the resolution the board received in their packet and moved to table the resolution because it does not add anything to the discussion that took place. Councilman Burbank seconded the motion to table. Councilman Stein stated that the reason he made a motion to table was because he felt that he still did not have enough information to come to a decision. He is hoping to meet with Ms. Drake before the next meeting and will have an understanding of the numbers. IB RESOLUTION NO. 2006-159: Table Consideration of 2007 Wage Scale (Attachment ^ #6 - Memo from J. Drake) BE IT RESOLVED, that the Town Board of the Town of Ithaca tables consideration of the 2007 wage scale. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, nay; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion Carried. Agenda Item No. 7 - Presentation regarding draft stream setback law Councilman Engman asked Ms. Ritter if she was willing to come back to the August board meeting to make her presentation. Ms. Ritter offered to meet with board members in groups to provide them the information. The purpose of the presentation was to make the board aware of the law so that the public could review it. The law will be kept in-house until the Town Board felt comfortable with it. Ms. Ritter thanked Ms. Durkee, Conservation Board Chair, for coming to the meeting. pmer Agenda Item No. 8 - Consider referring draft Outdoor Lighting Law to the Planning Board for a recommendation (Attachment #7 - Memo from M. Smith and draft Outdoor Lighting Law) July 24,2006 Town Board Meeting Approved August 14, 2006 Councilman Engman explained that board was being asked to refer the proposed lighting law to the Planning Board for a recommendation. Councilman Engman moved that the law be ^ referred and Councilwoman Gittelman seconded. TB RESOLUTION NO. 2006-160: Refer Outdoor Lighting Law to the Planning Board BE IT RESOLVED, that the Town Board of the Town of Ithaca refers the Outdoor Lighting Law to the Planning Board for a recommendation. MOVED: Councilman Engman SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 9 - Consider referring the draft Solar Collector Law to the Planning Board for a recommendation (Attachment #8 - Memo from J. Kanter and draft amendment to Chapter 270 regarding solar collectors) Councilman Engman commented that the Codes and Ordinances Committee has been working on the law. He explained that there is one unusual thing in the law before the board, which are brackets around numbers. This is because the Committee did not come to a conclusion on some items and Councilman Engman thought that getting information from the Planning Board might help the committee in that decision. Councilman Engman moved that the board refer the solar collector law to the Planning Board for a recommendation. Supervisor Valentino seconded the motion. Mr. Kanter asked if the motion could be amended to send the law to the Zoning Board of Appeals and Conservation Board for less formal comment. The Codes and Ordinances Committee thought it would be helpful to receive comments from those boards as well. Councilman Engman and Supervisor Valentino concurred with the changed. TB RESOLUTION NO. 2006-161: Refer Draft Local Law Regarding Solar Collectors and Installations to the Planning Board. Zoning Board of Appeals, and Conservation Board BE IT RESOLVED, that the Town Board of the Town of Ithaca refers the draft local law regarding solar collectors and installations to the Planning Board, Zoning Board of Appeals, and Conservation Board for recommendations. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye.r 8 /mKf July 24,2006 Town Board Meeting Approved August 14, 2006 Agenda Item No. 10 - Discussion of fee structure for pavilion use This item was deferred until the August board meeting. Agenda Item No. 11 - Consider resolution regarding naming of East Ithaca Nature Preserve IB RESOLUTION NO. 2006-162: Naming Town Park off of Snvder Hill Road as "East Ithaca Nature Preserve" WHEREAS, the Town Board of the Town of Ithaca did in March, 2004, accept tax parcel number 57.-1-11.12 located off of Snyder Hill Road as dedicated park land in accordance with the Town of Ithaca Park. Recreation and Open Space Plan (adopted in December 1997); and Whereas, the Board has determined the name "East Ithaca Nature Preserve" meets the criteria of the Town of Ithaca Policy on Naming Town Parks; and WHEREAS, the Recreation and Human Service Committee recommended the name "East Ithaca Nature Preserve" now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby names the dedicated parkland as "East Ithaca Nature Preserve." MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Councilman Cowie commented that he has been approached by several West Hill residents about renaming the Westhaven Nature Preserve to commemorate the death of a young man who died in a recent fire. He asked how a discussion in response to that request would start. Councilman Burbank stated ge would take the request to the Recreation and Human Services Committee. Agenda Item No. 12 - Discussion and introduction of model Stormwater Operations and Maintenance Agreement (Attachment #9 - Draft agreement and right-of-wav easement) The Board received copies of the draft agreement in their board packets. Mr. Walker explained that there are a number of stormwater facilities on privately owned properties in the Town. The agreements have been set up on an individual bases and staff thought it would be beneficial to have a model agreement between landowners and the Town. It would allow the Town to have access for emergencies, but make the landowner responsible for the facilities. July 24,2006 Town Board Meeting Approved August 14, 2006 Mr. Walker would like the board to discuss and act on the model agreement at the August Town Board meeting. Councilman Burbank asked if Ms. Brock had seen the agreement. Mr. Walker explained that Ms. Brock, Ms. Ritter and he had been working on the model agreement. Councilman Burbank asked if the document was pretty straightfon/vard. Ms. Ritter explained that the agreement is part of the bigger issue of stormwater management that the Town Board needs to consider. It is one piece of a puzzle that requires a stormwater management law, figuring out how to pay for it, and applicable fee structures. The item will be placed on the August agenda. Agenda Item No. 13 - Consider appointment of alternate to Tompkins County Council of Governments Supervisor Valentino asked for a volunteer to serve as alternate to the Tompkins County Council of Governments. Councilman Engman volunteered to be the alternate. Councilman Burbank nominated Councilman Engman and Councilman Cowie seconded. TB RESOLUTION NO. 2006-163: Appoint Alternate Member to the Tompkins Countv Council of Governments (TOCOG) WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Tompkins County Council of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the Town of Ithaca Town Board passed a resolution June 12, 2006 approving Town membership in the Tompkins County Council of Governments and appointed Supervisor Valentino as the voting member; and WHEREAS, an Alternate member can be appointed to the TCCOG; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca appoints Councilman Herb Engman as the alternate member to the TCCOG. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. 10 n July 24,2006 Town Board Meeting Approved August 14, 2006 Agenda Item No. 14 - Consider appointment to the Conservation Board TB RESOLUTION NO. 2006-164: APPOINTMENT OF CONSERVATION BOARD MEMBER (Attachment #10 - letter and resume from Chris Benedict) BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the following individual to the Conservation Board for a term beginning July 24, 2006 and ending December 31, 2007: Chris Benedict 1571 Slaterville Rd Ithaca, NY 14850 MOVED: Councilman Engman SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 15 - Consider Resolution of Appreciation for Crossina Guard Sara Jane Hvmes TB RESOLUTION NO. 2006-165: Resolution of Appreciation and Recognition of Service for Sara Jane Hvmes WHEREAS, Sara Jane Hymes has worked for the Town of Ithaca as a Crossing Guard for Belle Sherman Elementary School, since September 3, 1980, and has provided her expertise and talents to the Town continuously since that date; and WHEREAS, Sara Jane's ability to be professional and always courteous and helpful to the youth will be missed by the Town and its residents; and WHEREAS, Sara Jane's twenty five years of devotion, and dedication will be remembered for years by the Town; and WHEREAS, Sara Jane has chosen to retire from her employment with the Town effective June 24, 2006; and WHEREAS, the Town of Ithaca is indebted to Mrs. Hymes for her contributions and service for the benefit of the Town and its citizens; and WHEREAS, the governing Town Board wishes to express its appreciation to Mrs. Hymes, upon acknowledgement of her decision to retire; Now, therefore, be It 11 July 24, 2006 Town Board Meeting Approved August 14, 2006 RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and employees, acknowledges the retirement of Sara Jane Hymes as a Crossing Guard; and expresses its sincere gratitude to Mrs. Hymes for her dedicated service to the Town and our ! community. MOVED: Supervisor Valentino SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carriedAgenda Item No. 16 - Consider Acceptance of Local Government Records Management Improvement Fund Grant Agenda Item No. 18 - Authorization to modifv and amend the 2006 Countv and Town Joint Youth Programming Budgets (Attachment #11 - Summary of expense and revenue fo Town of Ithaca vouth programs and budget amendment worksheet) This item was deferred until the August board meeting. Agenda Item No. 19 - Consider Approval and authorization to amend the 2006 General Part Town Highwav Fund Budget for purchase of a Town Highwav dump truck Councilman Stein asked how the price came in on the dump truck. Mr. Noteboom thought it was $140,072.97. The Town received $35,900 from the insurance company for the damaged truck being replaced by this purchase. Mr. Carvill explained what funds the money was coming out of. Supervisor Valentino moved the resolution and Councilman Stein seconded. TB RESOLUTION NO. 2006-167: Approval and Authorization to Amend the 2006 General Part Town Highwav Fund Budget for Purchase of a Town Highwav Dump Truck WHEREAS, at the June 12^"^ Ithaca Town Board meeting the purchase of a highway truck was approved and authorized under Resolution No. 2006-151, and WHEREAS, the need for this purchase is to replace an equipment vehicle which was involved in an accident that resulted in the Town's insurance carrier declaring the vehicle as a total loss. On July 7, 2006 the Town of Ithaca received $35,900.00 in settlement of the Town's claim of damages to assist with the purchase of another vehicle, and WHEREAS, in addition to the $35,900.00 the Town also has available resources in the unspent 2006 Highway Fund appropriations DB5130.200 - Large Equipment and DB5130.202 - Small Equipment totaling $22,654.00 and $2,103.38, respectively, and WHEREAS, additional funds of $70,692.50 can be provided from the Town's Highway Equipment Reserve, and 12 navv July 24,2006 Town Board Meeting Approved August 14, 2006 WHEREAS, final funds need to be provided and appropriated from the Highway Fund Unreserved Fund Balance of $8,723.09 (A Cost Summary Worksheet is attached to this resolution detailing the transaction), and WHEREAS, the Town Budget Officer & Purchasing Agent and the Town Highway Superintendent recommend to this Board the following 2006 budget amendments and transactions to be record for the purchase of a 2007 Volvo Cab and Chassis, Dump Body and Snow Equipment as authorized under Resolution No. 2006-151, and therefore be it BUDGET JOURNAL RISK RETENTION FUND DEBIT R599 Appropriated Fund Balance 35,900.00 CREDIT R9901.903 I nterfund Transfer-Highway 35,900.00 Establish budgeted appropriation for the transfer of money received from insurance carrier. GENERAL PART TOWN HIGHWAY FUND DEBIT DB5031 I nterfund Transfer-Risk Retention 35,900.00 CREDIT DB599 Appropriated Fund Balance 35,900.00 Establish budgeted interfund revenue for money from the Risk Retention Fund DEBIT DB599 Appropriated Fund Balance 35,900.00 CREDIT DB5130.200 Equipment - Large 35,900.00 Appropriate funds for the purchase of highway dump truck DEBIT DB5130.202 Equipment-Small 2,103.38 CREDIT DB5130.200 Equipment - Large 2,103.38 Transfer of unexpended 2006 small equipment funds for additional funds needed for the purchase of a new highway dump truck. DEBIT DB599 Appropriated Fund Balance 8,723.09 CREDIT DB5130.200 Equipment - Large 8,723.09 Appropriate additional funds from Unreserved Highway Fund Balance for the purchase of a truck. 13 July 24,2006 Town Board Meeting Approved August 14, 2006 DEBIT DB599 Appropriated Fund Balance 70,692.50 CREDIT DB5130.200 Equipment-Large 70,692.50 Appropriate additional funds from the Highway Equipment Reserved Fund Balance for the purchase of a truck. CASH DISBURSEMENT JOURNAL RISK RETENTION FUND DEBIT R9901.903 Interfund Transfer-Highway 35,900.00 CREDIT R202 Cash In Savings 35,900.00 Disbursement of money from the Risk Retention Fund to the Highway Fund as budgeted. CASH DISBURSEMENT JOURNAL HIGHWAY FUND DEBIT DB202 Cash In Savings 70,692.50 CREDIT DB230 Cash - Equipment Reserve 70,692.50 Disbursement of money from the highway equipment cash reserve to the highway operating cash to meet the purchase of the highway dump truck. RESOLVED: That this governing Town Board approves both the purchase of this Town of Ithaca vehicle and the budget amendment for acquisition funding. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. Agenda Item No. 20 - Consent Agenda TB RESOLUTION NO. 2006-168: Consent Agenda Items BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented. MOVED: Supervisor Valentino 14 n July 24,2006 Town Board Meeting Approved August 14, 2006 SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Counciiwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Counciiwoman Leary, aye. Motion carried. IB RESOLUTION NO. 2006-168a: Promotional Appointment of Motor Equipment Operator WHEREAS, there is presently one vacancy in the full time position of Motor Equipment Operator in the Public Works Department due to the promotional appointment of John Shepardson; and WHEREAS, the Human Resources Manager and Highway Superintendent have determined through interviews and evaluation that Toby Brown, Laborer, possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Motor Equipment Operator; and WHEREAS, the Human Resources Manager and Highway Superintendent recommend the promotional appointment of Toby Brown to the Motor Equipment Operator position; Now, Therefore, Be It RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular promotional appointment of Toby Brown as a full time Motor Equipment Operator for the Public Works Department, effective July 10, 2006; and be it further RESOLVED, this is a 40 hour a week position, at the hourly wage of $18.86, which is an estimated annual salary of $39,227, in Job Classification "K", with full time benefits; and be it further RESOLVED, if the said employee successfully completes the mandatory eight (8) week probationary period, ending September 5, 2006, there will be no further action required by the Town Board. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Counciiwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Counciiwoman Leary, aye. Motion carried. 15 July 24,2006 Town Board Meeting Approved August 14, 2006 TB RESOLUTION NO. 2006-168b: Promotional Appointment of Heavy Equipment Operator { WHEREAS, there is presently one vacancy in the full time position of Heavy Equipment Operator in the Public Works Department due to the resignation of Timothy Eighmey; and WHEREAS, the Human Resources Manager and Highway Superintendent have determined through interviews and evaluation that John Shepardson, Motor Equipment Operator, possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Heavy Equipment Operator; and WHEREAS, the Human Resources Manager and Highway Superintendent recommend the promotional appointment of John Shepardson to the Heavy Equipment Operator position; Now, Therefore, Be It RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular promotional appointment of John Shepardson as a full time Heavy Equipment Operator for the Public Works Department, effective July 10, 2006; and be it further RESOLVED, this is a 40 hour a week position, at the hourly wage of $20.73, which is an estimated annual salary of $43,126, in Job Classification "L", with full time benefits; and be ^ it further RESOLVED, if the said employee successfully completes the mandatory eight (8) week probationary period, ending September 5, 2006, there will be no further action required by the Town Board. 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; Councilwoman Leary, aye. Motion carried. TB RESOLUTION NO. 2006-168c: Approval Temporarv Salary Adjustment - Court Clerk WHEREAS, Betty Poole, Court Clerk has been out on medical leave since July 5, 2006; and WHEREAS, Linda Fetherbay, Court Clerk, is running the office with only part time help 1 from Debby Kelley, Bookkeeper to the Supervisor, until Ms. Poole can return; and 16 July 24,2006 Town Board Meeting Approved August 14, 2006 WHEREAS, the Human Resources Manager and Justice Klein and Salk recommend increasing Ms. Fetherbay's salary $50 per week retroactive to July 5, 2006 and temporarily until Ms. Poole can return to full duty; Now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the temporary salary adjustment of $50 per week for Linda Fetherbay, Court Clerk, retroactive to July 5, 2006 and continuing until Ms. Poole is released to full duty. 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; Councilwoman Leary, aye. Motion carried. Agenda Item No. 21 - Report of Town Officials (Attachment #12 -Report of Town Officials) Budget Officer Mr. Carvill reported that he has been spending time trying to come up with some kind an approach to illustrate, demonstrate, explain and education inter-fund revenue and expenses. The board will see in the budget revenue raised in one fund, but the revenue is transferred to another fund to meet specific needs of that fund. He gave as an example that the general townwide fund, through the tax levy, raises money to pay for bond principle, interest and debt on the Public Works Facility. The Town has a debt service fund, which accounts for all outstanding bond issues. The revenue to pay down those bonds is the inter-fund revenue raised in the A Fund, Water Fund and Sewer Fund and the money is transferred to the debt service fund. The bond principle and interest is paid from that fund. Mr. Carvill has prepared a document for the Town Board containing the comparison of the inter-fund revenue expenses between 2006 and 2007. It also contained an explanation regarding what the monies are used for and why. He hopes that it will address Councilman Stein's question. Mr. Carvill asked for anyone to come to him with any questions they have. Mr. Carvill stated that he was trying to answer Councilman Stein's second question of taking the A Fund, the B Fund and DB Fund, putting them together and being able to tell what the total legal expenses, fringe benefits and total payroll are. Mr. Carvill is able to do that, but interpretively to make that make sense once the information has been given, he wondered if it was practical and how he could come up with that. He is hopeful that he is able to come up with something that makes sense and shows the interfund transfers. Councilman Stein wondered why interfund transfers could not appear as an entry in the funds. Mr. Carvill explained that the interfund revenue portion, monies coming into a fund from another fund, has an account code of 5031. The State Comptroller has determined it is the only number that needs to be used. Mr. Carvill has devised the budget to reflect and the 17 July 24,2006 Town Board Meeting Approved August 14, 2006 account coding system to be 5031F, 5031G, 5031H and it represents which fund the revenue is coming from into the general fund. The appropriations have been detailed out and there are two types of fund transfers, code 9901 and 9950. The code 9950 means it is an interfund | transfer coming from a capital project. The code 9901 means it is an interfund transfer for operating purposes only. Councilman Stein and Councilman Engman are trying to look at the budget and understand what changes have taken place from last year to this year. They came across numbers that were zeros; numbers that were there last year, but not this year and understood that they were transfers. It was not immediately obvious to them whether the transferred amount appeared with an increase number in the new budget, a decreased number, or the same number. The ability to determine if more or less money was being on that particular function was not there. Mr. Carvill responded that that information would be found in the worksheets provided to the board at the meeting. Human Resources Manager Ms. Drake wanted to make a correction to her report. She had reported that the new Deputy Town Clerk started July 17, 2006. That individual, however, resigned July 19, 2006. Ms. Drake and Ms. Hunter will begin interviewing again for the position. The person left to take a full time job with Cornell University Counsel's office as a paralegal. Councilman Cowie wondered if that was the sole issue. Ms. Hunter explained that the person decided that they really needed a full time job. Attorney for the Town { Mr. Krogh commented that the board should buy the highway truck this year because the ' y 2007 emission controls are going to increase the price of the vehicle by at least $7,000. He also brought the board's attention to a new case involving stormwater that questions whether or not deed restrictions and other solutions need to be used. He will give the information to Ms. Brock. Report of Town Committees and Intermunicipal Organizations Supervisor Valentino commented that the Ethics Board has met to review the ethics disclosures. Ms. Hunter had previously provided copies of the Ethics Board meeting minutes to the Town Board. The Ethics Board will be meeting again in August to review some ethics disclosures that were not properly filled out and to discuss recommended additions to the ethics disclosure statement. 1.0. Councilman Burbank reported that the organization is deciding whether or not they have a continued reason to be and whether or not they need to hire a new staff person. Their staff person has resigned to take a planning position with the Town of Lansing. He asked the board to provide their thoughts to him on whether or not the lO should continue as an organization. Ms. Hunter hoped that the watershed management plan created by the 1.0. under David Zorn would not be lost. 18 July 24, 2006 Town Board Meeting Approved August 14, 2006 City Town Trail Committee This committee will be making a site visit to Emerson on August 3, 2006 at 9:30 a.m. The Town, City and Emerson will be meeting to walk the site because it is a critical part of the Gateway Trail. Agenda Item No. 24- Review of Correspondence Mr. Kanter explained that the letter to Six Mile Creek Vineyard in the correspondence folder was a response to a letter the Town received from the State Department of Agriculture and Markets. The owners of the vineyard are asking the State to look at whether the Town's restrictions with regard to number of allowed annual events and site plan approval were overly restrictive in terms of a farm operation in a County Agricultural District. Ms. Brock prepared the response on behalf of Supervisor Valentino and sent it to the State. Board Comments Councilman Burbank stated his opinion on the lengthy discussion that occurred earlier in the evening with regard to the 2007 wage scale and Councilman Stein's presentation. Supervisor Valentino commented that it was a difficult meeting, but one of the things that Town Boards do. She thought that the board needed to pay attention to the dynamics that were occurring at board meetings because if they did not, things were only going to get worse and not get better. Councilman Stein added that the Board Personnel Committee and the Staff Personnel Committee needed to establish a regular schedule for communication. He thought it was important to have agendas for what is talked about. He felt strongly that the meetings should be about specific issues. The board further discussed the two committees and whether or not they could be established as one committee under State law. They also discussed the status of other board committees and decided that the committees needed to start meeting on a regular basis. Mr. Carvill brought the board's attention to the Independent Auditors Financial Statement for 2005 that was provided to them at the meeting. He asked that anyone return their copy if they did not want it and to contact him with any questions. Adjournment Councilman Cowie moved to adjourn the meeting and Supervisor Valentino seconded. The meeting was adjourned at 9:20 p.m. Respectfully submitted by. LLC-I Tee-Ann Hunter Town Clerk Next regular meeting - August 14, 2006 at 5:30 p.m. 19 ; ^TOWN OF ITHACA TOWN BOARD SISN-IN SHEET DATE: Monday, July 24, 2006 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME /.FC: y SALro) PLEASE /PffJA/rADDRESS/AFFILIATION 1 5 - T ST hhAcAj. 'iLJl ^ ic// /frj^ATe (fLgc-i C. LJaexS' ///) Joi<A^ jF^U}myri A/Ifl'-c i^^/t SI cs-7^ TZAhoCa erf (olxJ^J oF f (Mfqc:;0 (jyip. [dy}N[F^ 4 JIl U YTW/Fx:^ ' / / A/i cq /-^ n~o / f > OdHo^: 6. ^ ATTACHMENT #1 ' > \ SoPG^ A.<yzoa^ (?l^7^i^oTioiu5 ^Q\/iV€p /O THiL ^vpCGs/iSO/S^ /^AcJ:€7 /5 AA^ 0£C>/fJ^A.y /AyctfpCAJT Si^/^AfA'A.y /$ AlASo //0(^up/tP ^ yB>7^l c:oS, /i^cvejie.1,^ yyii^^ /s SS^/€'(:>,zz. -//i/cjp£jLn-A^c.^s'jA»f-&s-/i>eAjm/A</£:i^/^&37'^'^ ^Ptlfy ^^/^MicaTroiPS 9// /^<s^/y. 77^ Ch^'OTy y^pfn sysTiPY /S aJou) 73 6/AJ{pLj7i-fJS.oOSP/ T^^/iTS/^jy 7SaM,J/$-a/a/cua7c:^s,j£^0£^c77^ 7S BoTft 77f£ CoOf^y />A^a/q SyS7l>^^ AaJPJ^ Jy?P^ P£/Pr U74F tOiTff Usii^ Bs^fiJC <O^A^y>7£Jdp^ \U£. iU/ci, ^ ^£.(7ukiPa*oT SySU A/U^ 83 AS^ T-C L>J£ 777£, P!a>x7Ajry p/3/A^ £i/u) UMCkJ TH£ QoJT Sy^/k^T L3c^jO^ ' \TA'C CoO/STy G><MH'(JjO/CA7?CfijS A3 /7C\/fACp A^TTTftS Tr /3 ' UllCLy T^AT^ COAJSTZjJj<37^iO A/£U^ TocOEAS UJrUL Co^a^£aJc£ TU/S /^CAJTTf^ LortU £(JS<57kaJT?Al Cj:>MpA£nJ7saJ eP- A^W TilCiiptOMPi. ^9<lSb3C SyA7f£ €^J> 2m PjArpAAAJ7i>{U ^/kf,S££77fP&ji/" A y^ouJ£4L pOf(JTT^^^r^&fOTTmo&P 6P SulPsa^t jP^iOiUfTfC^ uJAS Ci\jejO To ^o/(Jc/i's (^/^AAVV/Ty"^ '3h^v/c£S £hAA/f/rt ^AAfe. y>A.£,3£^£)7A77»A lO/LU ££. ^(oeeO ^ TovtP/o <3f-XTAfACA * r^J^Ti<3)C piAAJM/fJ<S. - IVa^/Ul Pca)£ /fij €7AA0->A (m/£A'S AA££.r7A7GS ££^a/<S /A CjC>fi^&AkAT£.p AajTo £ac7 £o7>£:£jr P£.(3^oesT^) /£C£ot?tffJ& TJfC. SxJp&cT' ^C^U£:sTS . T'HC ^tPP^>£J' eCAA/^ 306f^/77^ tO/i-t- ^3, 71 /msy'laOS /££<$ 3'A.(.f>pA^S£S TH'AT' TMS 6CXU>/A/l^C> /(O ApAA-A/PnP^ AeLp£fit<JU^£AATc:A 77i£_AJe£p 6A£<LsAU 2eiC> ^ T>L^Ai£V77 Bifutfi/iiSiUr AJt£0 /fOoKQV^ Cajf-^A^^AjiCkT/CA^S £<^OipHE/jr 7^ Ai-^ou? LfS f \ / CoOtoly dc^Me/t^cPAJfOiiTTcfO^ 3y37kA^ /XJ -^<sc>7. 5hoA^ p£7£^£PcA. : O/00B/L\j0^Y (jOTTm A^WKP 7l £l££7lJt5 0A££A£LC> f^0^ IB 21 July 24, 2006 Town Board Meeting TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 WWW. town. ithaca. ny. us TOWN CLERK'S OFFICE PHONE (607)273-1721 FAX (607)273-5854 MEMORANDUM ATTACHMENT #2 f \ ^ \ DATE: July 14, 2006 TO: Town Board Cc: J. Kanter/D. Walker/S. Williams FROM: Town Clerk's Office RE: Weekly Renting on Lakefront Residential Zone ' \ t \ The attached from Thak Chaloemtiarana was hand delivered to my office July 13, 2006 for distribution to the Board. I have told Mr. Chaloemtiarana that I will include the materials as part of Board Correspondence for the July 24^*^ meeting. I am fonwarding it on to you in advance of the packet mailout and will include the original in the Board's correspondence folder for July 24*^^. It is my sense that Mr. Chaloemtiarana may be attending the July 24 meeting to address the Board during persons to be heard. Tee-Ann * \ Documents submitted by Thak Chaloemtiarana Reference: Weekly renting on Lakefront Residential Zone Town Board Meeting, July 24, 2006 Enclosed: r\ * \ t s 1. Email to Town Board members outlining concern, dated July 7, 2006 2. Chronology of activities surrounding complaint, April 2 - July 11, 2006 3. Letter from Steven Williams, Code Enforcement Officer to Shawn Gillespie, Dated May 3, 2006 4. Copies of advertisement of 881 I/2 Taughannock Blvd. found on Vacation Rentals. Com website g @ g i W [E ATTEST ITHACA TOWN CLPRK Page 1 of2 Thak Chaloemtiarana ' ^ From: Thak Chaloemtiarana [tcl7@IS.Cornell.eclu] Sent: FrI 7/7/2006 10:22 AM ' To: WBurbank@town.lthaca.ny.us; JCowie@town.lthaca.ny.us; JEngman@town.lthaca.ny.us; SGIttelman@town.Ithaca.ny.us; PLeary@town.ithaca.ny.us; PSteln@town.lthaca.ny.us Cc: Subject: FW: Residential or business? Attachments: Dear Honorable Members of the Ithaca Town Board, I have been trying to get the town to enforce zoning ordinances that do not allow business enterprises in the Lakefront Residential Zone. The house next to mine with which we share a driveway has been renting out to weekly renters for the past two years (please see website mentioned in my email to the town officials below). The situation has gotten worst with larger and larger numbers of weekly renters. The building code inspector tells me that there is nothing he can do and that his supervisors refuse to meet with me. The technicality is that the house is ostensibly rented to "one" family which skirts around the zoning prohibition of renting to more than two unrelated persons. These "one" family renters then bring friends to stay with them for the duration of the rent. This is a ridiculous and preposterous interpretation of the zoning ordinances. I have asked my neighbor not to do this, but she tells me that many are doing this on the lake. If this is true then zoning laws should be changed to allow for hotels and motels in this residential zone. I am not against long term rental to one family. I can get along with a neighbor if I can get to know them. There is no way I can do this with weekly renters. I am also asked to police parking and to tow cars that block my driveway. This can only result in animosity with the renters (who pay a lot to have a vacation) and possible retaliation and vandalism. Already someone has shot BB pellets into my porch, something that we reported to the Sheriffs department. ' ^ I will be raising this problem at the next West Shore Home Owners Association meeting on July 11. I also plan f ^ to present my concerns about the interpretation of Zoning Ordinances by the Building Code Enforcement Department, especially the supervisor's refusal to answer my mail and request for a meeting. Respectfully, Thak Chaloemtiarana 881 Taughannock Blvd Ithaca, NY 14850 From: Thak Chaloemtiarana Sent: Fri 7/7/2006 9:58 AM To: Thak Chaloemtiarana; DWalker@town.ithaca.ny.us; SWilliams@town.ithaca.ny.us; KRice@town. ithaca. ny. us Cc: JKanter@town.ithaca.ny.us; brock@clarityconnect.com; CValentino@town.ithaca.ny.us Subject: Residential or business? Dear Mr. Williams, Mr. Walker, Ms. Rice, Ms. Valentino, Ms. Brock, Because I have not received any responses from you as responsible authorities of the Town of Ithaca (with the exception of Mr. Williams), I will bring my concern to the elected officials of the Town Board. If you will check out the website <vacationrentals.com> and search for Cayuga Lake rentals and go to listings #18450 and #24395, you will find that Shawn Malone is listed as Vacation Rental owner and manager. This indicates that 881 1/2 is a business. You will also see that the weekly rental fee is $2000 and $1000 respectively. The total rental for a month is $12,000. More interesting is the advertised fact that the upper unit , ^"sleeps 8-11" and the lower unit "sleeps 5-6". Mr. Williams tells me that he is told that the house is rented to one family at all times. How would you in good conscience say that living next door to new 13-17 renters every ^ Nweek is living in a Lakefront Residential Zone? http://webmail.is.comell.edu/exchange/tcl7/Inbox/FW:%20Residential%20or%20business_... 7/7/2006 ^ ^ Complaint regarding weekly rental at 881 V^ Taughannock Blvd. ^ Preamble: The property located at 881 I/2 Taughannock Blvd. has been rented off and on since 2004 by students and weekly renters. In 2005, the owners have moved away and the property (two units) has been rented regularly to transients. As a resident living next door who shares a common driveway, I have been most uneasy about living next to a property occupied by strangers throughout the year. Parenthetically, I am not opposed to long term renters with whom I can get to know. My concern peaked when I was able to review the house rental contract that was left mistakenly in my mailbox. From April until July, I have documented and photographed the number of cars (more than 40) that have parked on the drive way overnight. In terms of individuals, there have been more than 100 people who have moved in and out of this property in four months. I cannot understand the Building Department's assertion that the property is not rented to transients in large numbers and not just to single families. Chronologv: April 2 - "Information and Contract for House Rental Unit 1, 881 Vi Taughannock Blvd. Ithaca, NY 14850" was found in my mailbox. The contract was signed by 12 renters who paid $80 per night. These renters came in a large bus/van and stayed three days. The contract spelled out rental fees for laundry, hot tub, boats and canoes. It also stipulates that the owner will charge $15 for every phone call she receives from neighbors complaining about parking. ( \ April 21-1 contacted the Town Building Department and was able to speak to Steven Williams, the building code enforcer. April 24-1 spoke with Steven Williams again. He told me that he went to the house but did not find anyone there. He said that he could not act unless he interviews the renters. He also informed me that unfortunately he does not work during the weekends when the renters are present. He said that he would write Shawn Gillespie a letter if she is violating zoning laws. He asked me to send to him a copy of the contract I found in my mailbox. May 3 - After reviewing the house contract, Steven Williams wrote a letter to Shawn Gillespie telling her that she is in violation of the zoning law that governs occupancy (one family or two unrelated individuals). I also tried to make an appointment with Jonathan Kanterwho was Steven Williams' supervisor. May 4 -1 sent a letter to Jonathan Kanter outlining my concems. He called and left a message on my voice mail. / N / \ May 11 - I emailed Jonathan Kanter telling him about a set of new renters and that apparently, the letter from Steven Williams had no effect. ' \ / N I \ / > ( \ May 12 - Jonathan Kanter responded and said that I should contact Dan Walker and Kristie Rice who are in charge of enforcement. Steven Williams visited the property and told me that in spite of the many families who are spending the week in the house, the house was rented by "one" family. May 12 - Shawn Gillespie accused me of going around her back to report violations to the town. She said that everyone rents on the lake and why shouldn't she? She said that she will continue to do so and will find loopholes in the law. I told her that I did not mind long term renters but did not like having lots of strangers move in every week. Some have shot BB pellets into my porch. I told her that I did not want to be liable for accidents her renters have on our shared driveway. May 13 - rental canoes removed from beach. May 15-1 wrote to Steven Williams disputing the definition of "one" family that rents the house and "invites" a large number of friends to come spend the rental period with them. I also pointed out the fact that this rental is now a business and that it is advertised as a business in the Ithaca Estates Realty.com website. May 17-1 consulted attorney Randy Marcus who in turn consulted his partner John Barney (long time Town of Ithaca attorney) about what to do. On May 27,1 was advised to talk to Dan Walker and to try to convince the town to enforce zoning laws and that my concern was legitimate. If all fails, I was advised to bring a lawsuit against my neighbor for violating zoning laws. May 22 - I emailed Steven Williams again about new renters who arrived late at night with two power boats, canoes, and four SUV's. May 30 - Because I was unable to contact Dan Walker by phone (he never returned my calls), I sent him an email requesting a meeting at his convenience. He did not respond to this either. June 10 -1 emailed Steven Williams about trying to meet Dan Walker. I later spoke to Steven Williams (June 13) who said that he will see if Dan Walker will meet with me. This attempt also failed. June 14-1 registered my complaint and a question about what I needed to do to address the Town Board meeting on July 10 on the town website that solicits residents' concerns. / did not receive any response to this inquiry. June 21 - I called the Town Office about the July 10 meeting and was informed that the meeting was postponed to July 24. July 7 - I sent letters to Cathy Valentino, Susan Brock, Dan Walker, Kristie Rice, and Steven Williams outlining my dismay regarding their unresponsiveness (except from ' N f \ f \ ( \ Steven Williams). I stated that I will write to members of the Town Board and will appear before the board at the July 24 meeting. July 10 - I wrote a letter to the editor of the Ithaca Journal to register my views about the legality of weekly lake rentals, the need to amend zoning laws, and the need to collect taxes. July 11 - I received a response from Town Board Member Herbert Engman, chairperson of the Codes and Ordinances Committee. Prior to that, I received a response from Board Member Peter Stein who asking me to contact him again after he returns to town on July 15. July 11 - Brought up my concern at the West Shore Owners' Association. There was general agreement that year round weekly rentals to large numbers of occupants are unacceptable. TOWN OF ITHACA 215 North Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us OWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 ' ^ PLANNING 273-1747 BUILDING AND ZONING 273-1783 FAX (607) 273-1704 May 3,2006 Shawn Gillespie 881 '/z Taughannock Blvd. Ithaca, NY 14850 Dear Ms. Gillespie: Our office has received a complaint that you may be in violation of the Town of Ithaca zoning laws for allowed occupancies in the Lakefront Residential Zone. Based on information provided by the complainant it appears that you are renting part of your two-family residence to transient occupants on a weekly basis. This information indicates that as recently as March 2006 the house was rented to more than two unrelated persons, which is a violation of the allowed occupancy in the Lakefront Residential Zone. Section 270-41 of the Town of Ithaca Zoning Law, permitted principal uses in the Lakefront Residential Zone, limits the occupancy of a two-family residence as follows: 1) Each dwelling unit is occupied bv no more than one family; and 2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the ' ^ basement area, it may exceed 50%. t 1 cjvCtion 270-5 of the Town of Ithaca Zoning Law, Definitions, defines a family as including: A. An individual, or B. Two or more persons occupying a single dwelling unit, related bv blood, marriage, or legal adoption, living and cooking together as a single housekeeping unit, or C. Two unrelated persons, occupying a single dwelling unit, living and cooking together as a single housekeeping unit. Although unable to verify the building occupancy during a site visit on April 24, 2006 because there was no answer at the door, the information supplied by the complainant appears to confirm that a contract was made between you and more than two unrelated people to lease a portion of the house located at 881 >4 Taughannock Blvd, from March 31 through April 2, 2006. This contract was in violation of the Town of Ithaca Zoning Law and all future leases must comply with the defined occupancy limits or be terminated immediately. Failure to adhere to the zoning laws could result in the issuance of a court appearance ticket and possible fines or imprisonment. Please provide verification that the property is no longer in violation of the Town of Ithaca zoning laws within the next 10 business days. Should you have questions feel free to call. Sincerely yours. Steven Williams Code Enforcement Officer ( \ Cathy Valentino - Town Supervisor ^ ^ Town Attorney Town Engineer Complainant Vacation Rentals .com - Cayuga Lake New York Lovely Tri-Level Contemporary Home ... Page 1 of 4 xom #1 Vacation Rental Beach Houses & Vac. Contact Owners List Vour Renial J kime 0\Mier Loain About Us More Vacation Rentals » World: United States: N_ew_YQLk: Finger.Lakes: Cayug^Lake Cayuga Lake New York Vacation Rentals Presents Listing #18450 Lovely Tri-Level Contemporary Home on Cayuga Lai - 2 Bathrooms - Sleeps 8-11 w/ Jacuzzi mm More Photos Of This Vacation Rental Belowllll m Email this listing to a friend Vacation Rental Owner/Manager Name: Shawn Phone: 607 327-1977 Click Here To Send Email | Vacation Rental Description New Listing/Lovely 2-Family Unit. This dramatic 4 year old Tri- Level Contemporary Cottage-Style home uniquely located on beautiful Cayuga Lake, yet conveniently 1 mile City of Ithaca. Large cozy home with hardwood floors throughout, cathedral ceilings, 5 bedrooms, 2 bathrooms {tub t shower), living room, kitchen, dining room, family room, laundry, all with pleasing decor. Multiple level lakeside decks for great BBQ's, sunbathing etc. Stairs to water for all your favorite water activities and more decking with private boat dock. ^^^Have your cocktail on the dock and enjoy the beautiful sunset! AND if the outdoor activities aren't enough enjoy relaxing in the ■screened porch 8-10 person Hot Tub with fiberoptic lights, stunning views of the lake, Stewart Park, Cornell University to name just a few! This home is not wheelchair accessible. Lower unit is available for rental also. Separate entry unit has 2 bedrooms, full http://www.vacationrentals.com/vacation-rentals/18450.html Vacation Rentals .com - Cayuga Lake New York Lovely Tri-Level Contemporary Home ... Page 2 of 4 bathroom, kitchen and living room both units. Inquire if interested in renting Vacation Rental Amenities *Bed Linens *Bath Linens *Beach Towels ♦Toaster ♦Raft ♦Decks ♦Outdoor furniture ♦Charcoal Grill ♦Gas Grill ♦Off Street Parking ♦Microwave ♦Stove & Oven ♦Refrigerator ♦Park at door ♦Dishwasher ♦Coffee Maker ♦Utensils,Dishes ♦Ironing Board ♦Iron ♦Heating ♦Games for Adults ♦Games for Kids ♦DVD Player ♦Cable TV in each Bedroom ♦Stereo ♦VCR ♦Alarm clocks ♦Dingy boat - extra ♦Washer/Dryer - extra ♦Office equipment - extra Activities and Attractions ^ii^ollowing is just a sampling of the /■isitors to the Finger Lakes area. ' 'Commerce/Tourist Info. ^ ♦The Museum Of The Earth 'Aerial Sightseeing ♦Bicycle Rentals ♦Ithaca Farmers Market ♦Herbert F. Johnson Museum of Art ♦Sciencenter ♦Paleontological Research Institute many adventures that await Please inquire Chamber of ♦Hangar Theatre - since 1975 ♦Finger Lakes Wineries ♦Renowned Restaurants ♦Antique Shops ♦Art Galleries ♦MV Manhatten Dinner Cruise Boat ♦Gorges, Parks and much more! Vacation Rental Rates June 2006 July 2006 July 4th week August 2006 September Labor Day week [Rates are in $US)$2,000.00 week 2,000.00 week 2,000.00 2,000.00 week 2,000.00 week September 2005 to May 2006 inquire about week, weekend or day rentals. Reservation Payment (1/2) due with returned and signed rental contract. Remaining balance due 30 days prior arrival plus refundable $400.00 security deposit. Security deposit refunded within 7 days of departure, pending no damages, additional cleaning, ! \ / > http://www.vacationrentals.com/vacation-rentals/18450.html imime "• 'SK''rg • r-'■• '-■•.'v'k -^^■, —_wxm--■•■■ F-'W'- 03/26/'2CQ5.... ' ..'V. * ^ in 08/26/2 gd-^*v "'V* ^^'■i/'.i'-:;;;-.*'. I. '!?f_ 2#S£V ': . 08/26/2 'v. ■ uV/'■ •--C^'"'':C-- ' 03/26/2005 fsfeS^ Cayuga Lake New York Vacation Rentals Page Views 158 this month. 5502 this year. 14950 since listed. Vacaiion Rentals http://www.vacationrentals.com/vacation-rentals/18450.html 7/7/2006 Vacation Rentals .com - Cayuga Lake New York Lovely Tri-Level Contemporary Home ... Page 4 of 4 ^ VacationRentals.com is quickly becoming one of the largest and most useful specialized travel site on the internet for finding vacation rental homes. With its intell A VacationRentals.com is the easiest place for travelers to find and rent unique vacation rentals including cabins, beach house, villas, bed and breakfasts and other VacationRentals.com is the most efficient means for owners to promote their rental properties. N ©1997-2006 VacationRentals.com LLC All Rights Reserved. ! \ ' > http://www.vacationrentals.com/vacation-rentals/18450.html 7/7/2006 Vacation Rentals .com - Cayuga Lake New York Contempary 2 bedroom Overlooking Ca... Page 1 of 2 Vacation Rentals .com Lisi Vour Rcnlal Home Ow iier Louin ttl Vacation Rental Beach Houses & Vac: fM Contact Owners Aboiu Us L More Vacation Rentals » World: United States: New York: Finger Lakes: Cayuga Lake Cayuga Lake New York Vacation Rentals Presents Listing #24395 Contempary 2 bedroom Overlooking Cayuga Lake Duplex w/ 2 Bedrooms -1 Bathrooms - Sleeps 5-6 ■- Hi#' ;.r- J 08/26/2005 08/26.-7 More Photos Of This Vacation Rental Below!!!! !^ Email this listing to a friend Vacation Rental Owner/Manager Name: Shawn Malone Phone: 607 327 1977 Click Here To Send Email | Vacation Rental Description Unit 1: Already booked for Summer 06. Unit 2: 2-Family Duplex Contempary Cottage-Style home uniquely located on beautiful Cayuga Lake, yet conveniently 1 1/2 mile from City of Ithaca. Cozy unit with hardwood floors throughout, 2 bedrooms, 1 full bathroom, living room (pull out sofa), kitchen all with pleasing decor. Stunning views of the lake, Stewart Park, Cornell University to name just a few! Lots of decks for great BBQ's, sunbathing, etc. Stairs to water for all your favorite water ^^dctivities. Vacation Rental Rates http://v^^vw. vacationrentals.com/vacation-rentals/24395.html ■%t^.'2m Cayuga Lake New York Vacation Rentals Page Views 110 this month. 2165 this year, 2165 since listed. Vacation VacaiionRcntals com is quickly becoming one of the largest and most useful specialized travel site on the internet for finding vacation rental homes. With its intellVacationRentals.com is the easiest place for travelers to fi nd and rent unique vacation rentals including cabins, beach house, villas, bed and breakfasts and other VacalionRemals.com is the most efficient means for owmers to promote their rental properties. ©1997-2006 VacationRentals.com LLC All Rights Reserved. http:/7\\^w. vacationrenlals.com/vacation-rentals/24395.html July 24, 2006 Town Board Meeting ATTACHMENT #3 Good evening. My name is Don Ten Kate. I'm a crew supervisor with public works. I have been a town employee for 20 years and have been on the personnel committee since Shirley Raffensburger was supervisor. At first, we at public works sent 1 person to the personnel committee as a nonmember to just communicate employee concerns to the committee and bring back information from the committee to employees. This kept everyone in the loop, so to speak, instead of getting information from rumors. Over the years, employee representatives became official members and then voting members. In the last 6 months, die employee representatives have been taken off the board personnel committee. We meet as a staff committee, but without board members present, we have lost the communication between employees and the board. We feel now the only way to communicate is to come to this meeting. I realize the payroll has gone up significantly over the last 5 years. There was a civil service reclassification that moved employees to their proper classifications, causing some of the high cost. The biggest reason for the hike was adding staff. Present employees should not be penalized for the addition of staff. The board in their decisions to add subdivisions as well as parks and trails is the cause of having to add staff. Many of these added staff members have actually saved the town money. One new employee alone was able to allow the town to cancel a $300,000 contract with the City for sewer pump maintenance. We also now do most all sewer and water maintenance in house, which also saves the town a lot of money. Adding subdivisions has brought in added tax money overall, but increases over time for sewer clogs and water breaks. It also means added maintenance and overtime to plow snow. Parks and trails have added to residents' quality of life. I think all these are good things for the town, but will cause personnel budget lines to move up proportionately. Overtime keeps going higher for the town for reasons I have already stated and also we have had 2 years of above-average snowfall. Keep in mind that employees must work extra hours to earn this money. We plow and fix water lines on weekends and holidays. It seems to snow every Christmas, interrupting family life, but we know that's part of the job and must be done. As the town becomes less rural, overtime hours will continue going up. In 2006, employees received a 3% raise. The CPI (Consumer Price Index) for wage earners for the year ended 2005 was 3.5% and for northeastern states 3.8%, so we already lost buying power. So far this year, the CPI is 4.3% and for the Northeast 4.8%. All we want is to stay even. Most town employees live outside the town and because of early hours and the lack of public transportation must use their own vehicles. The cost of fuel will affect us more than downstate, where people can use public transportation. Also, heating costs in our upstate climate are higher. I have heard fuel oil is now over $3 a gallon. I really don't think 4% is too much to ask. Thank you for your consideration. Don Ten Kate / 1 ' \ July 24, 2006 Town Board Meeting ATTACHMENT #4 WHEREAS, it is in the best interests of the citizens of the Town of Ithaca to enable any town citizen, irrespective of personal financial circumstances, to serve as an elected official of the Town, and WHEREAS, it is also in the best interests of the Town of Ithaca that the compensation of employees of the Town keeps pace with the standard of living of town residents, and WHEREAS, it is advisable to minimize the inherent conflict of interest when the Town Board and the Supervisor are responsible for proposing and setting their own salaries, THEREFORE BE IT RESOLVED that the Town Board requests the Supervisor to use the same salary improvement program for elected officials as for the Town staff for the purpose of preparing the Supervisor's tentative budget. July 24, 2006 Town Board Meeting ATTACHMENT #5 A Study of Town of Ithaca Personnel Expenditures From 2000 to 2005 Peter Stein July 24,2006 Caveats • This analysis is presented as a simplified description of a complex budget to facilitate an understanding of it. It attempts to faithfully capture the main features of that budget. • It does not address the human aspects of the Town's "personnel expenditures", which ultimately must be carefuUy balanced by the Town Board. The obligation to provide fair compensation to the Town staff who carry out the policies and programs of the Town. The obligation to maintain careful stewardship over the taxes paid by Town residents to fund the policies and programs of the Town. ' \ > \ Overview of the Town Budget • The Town Budget is composed of several "funds". Town Law requires the revenues and expenditures of these "funds" to be segregated from each other. • These funds can be divided into two broad classes of approximately equal size: 1. Funds whose major source of revenue is real estate tax and sales tax. n General, Part-Town & Highway Funds n These activities are largely carried out and managed by the Town 2. Funds whose major source of revenue is user fees or special purpose taxes n Water, Sewer, Fire Protection, Risk Retention & Lighting District Funds n Revenues for these funds are largely collected by the Town and passed on to other entities that manage and carry out the functions. 3. This analysis will be confined to General, Party ; Town & Highway funds. / \ / \ General, Part Town & Highway Funds From 2000 - 2005 Wages/Fringes: 76% of Property + Sales Tax Capital Expenses: 10% of Property + Sales Tax Wages/Fringes: Increased at 12% per annum Capital Expenses: Decreased at 10% per annum Property Tax: 29% of Property + Sales Tax Sales Tax : 71% of Property + Sales Tax Property Tax Levy: Increased at 8.5% per annum Sales Tax Revenue: Increased at 5.9% per annum * i \ / \ Possible Causes of Increasing Wage/Fringe Costs Fringe Benefits Additional Positions Career Growth Increases Cost of Living Adjustment Other Salary Wage Increases Overtime ' \ / * Factors Driving Wage/Fringe Cost Increases • Fringe Benefits Contribution to annual increase is 0.7 % • Additional Positions Three additional positions (Historian, Recreation Director, Planner) Contribution to annual increase is 0.8% • Career Growth Increases These must be associated with the retirement of a senior employee. Unless there were several such retirements in 1997 to 2000, this effect should be negligible. rs t y Factors Driving Wage/Fringe Cost Increases I \ (continued) Cost of Living Adjustment ' * 0 r\ f 4 % Bureau of Labor Statistics Indices Annual CPI Percent Increase 2001 2002 2003 2004 2005 Average 1.6 2.4 1.9 3.3 3.4 2.1 2.8 2.1 2.8 3.5 3.6 2.5 2.2 1.1 2.0 2.4 3.8 1.9 7 3.5 3.5 7 7 Consumer Price Index Entire US / Northeast US Cities < 50,000 Town of Ithaca COLA • Assumption: Town has used a 3.5% COLA over the five year period. • Conclusion: A COLA of 2.0 to 2.5% is better supported by the data. Factors Driving Wage/Fringe Cost Increases (continued) • Other SalaiyAVage Increases 1. The 2001 Reclassification Program n Program Description n One year rise of 17.2% (= 13.7 + 3.5) 2. The Year 2002 Anomaly n 365 = 26*14 + 1 n Nearly all years have 26 paydays n 2002, however, had 27 paydays n In 2002, annual personnel costs were 3.8 % 1^ higher than expected even thongh biweekly costs did not experience an abnormal rise. n Ordinarily, this does not contribute to a five year rise in personnel costs, since the 2003 personnel budget would have automatically dropped by 3.8% compared to 2002. n In 2003, the Town Board took the unprecedented step of adding the equivalent of a 27th pay check to all years following 2002. n This amounts to an annual increase of 0.8% for the years 2001 to 2005. • Overtime ^ Overtime may be a major cause of an increasing personnel budget, but its size remains unknown. The Bottom Line For the five year period 2001-2005, Wage/Fringe costs have risen at 12% per annum The following factors each contributed Fringe Benefits 0.7% per annum New Positions 0.8% per annum COLA 3.5% per annum Reclassification 2.9% per annum 2002 Anomaly 0.8% per annum Total accounted for 8.7% per annum What accounts for the additional 3.3% per annum? Overtime? Unidentified salary increases? Other missing factors? 999 July 24, 2006 Town Board Meeting ATTACHMENT if6 *\TOWN OF ITHACA asebjba#i7X215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us 18 2lj , ' IV H TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 PUBLIC WORKS FACILITY (Roads, Parks, Trails, Water & Sewer) 273-1656 FAX (607) 273-1704 or (607) 273-5854 MEMORANDUM TO: Town Board FROM: Judith C. Drake, PHR, Hunnan Resources Manager DATE: July 18, 2006 SUBJECT: 2007 Wage Scale Agenda Item The 2007 wage scale was presented to the Board Personnel Committee at the June 22, 2006 meeting. The committee was presented with wage scales showing a 3%, 3.5% and 4% increase to (^lii^uss. Supervisor Valentino recommended a 4% increase to the wage scale based on the increase i le National Consumer Pricing Index (CPI). After a long discussion the committee agreed to a {o recommendation. •» ^ As background information in preparation for the Board discussion, attached is information regarding the CPI, including a 10 year summary. The May 2005 to May 2006 CPI ended at 4.3%. Social Security's Cost of Living Adjustments for payments that started January 2006 was 4.1%. The % discussed is not a pool percentage, but a percentage that is applied to all classifications. The percentage increase should represent nothing less than a cost of living increase, and should also include a raise for the staff. The 3.6% proposal, however, only represents a standard cost of living adjustment. The recommendation will be discussed with the Board - Staff Personnel Committee on Thursday, July 20, 2006. I will be mailing out separately from the Board packet the wage scale and notes from the Board - Staff Personnel Committee meeting. If you would like additional information, please let me know. I \ \ TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 ^ www.towii.ithaca.ny.us TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 ZONWG 273-1783 n PUBLIC WORKS FACILITY (Roads, Parks, Trails, Water & Sewer) 273-1656FAX (607) 273-1704 or (607) 273-5854 memorandum TO: Board- Staff Personnel Committee FROM: Judith 0. Drake, PHR, Human Resources Manager DATE: July 18,2006 SUBJECT: History on wage increases and the current CPI-W I wanted to provide you with information regarding the history of wage increases j®!! years. The Board Personnel Committee has reviewed the options and recommends a 3.6/o increase. 1/01 3 % Cost of Living adjustment was given to those at job rate. CPI-NY ended year at 2.6 /o 7/01 The classification structure was revamped and every employee with 3 years or more of service went to the newly established job rate. 5 employees where already ^ they received a longevity payment at that time. The longevity program was established at this time.^ I t >1/02 3.5% Cost of Living adjustment was given to those at job rate or a minimum per hour increase of $0.50. CPI-NY ended year at 2.4% f \ 1/03 3 5% cost of living was given as a minimum. Each classification w^ looked at independently and given a % raise based on that class, most between 4-6%. CPI-NY ended year at 3.2% 1/04 $0.65 per hour or $1352 for salaried. Every employee was paid for the 27th paycheck. CPI-NY ended year at 3.2%. 1/05 $0.50 per hour or $1040 added to the 27 pay gross wage of 2004. CPI-NY ended year at 3.4% 1/06 3.0% Cost of Living adjustment was given to those at job rate or a minimum per hour increase of $0.50. CPI-NY ended year at 3.8% Current %'s 2005 COLAforSocial Security for 2006 is 4.1% 2005 CPI-Urban Wage Earners ended at 3.5% New York - Northeast states ended at 3.8 /o May 2006 CPI-Urban Wage Earners is 4.3% New York - Northeast states is 4.8 /o The Citv's DPW is the only unit that has a 2007 contract, which calls for a 4.25% increase. ' \ The County's white collar contract calls for a 3.0% increase, blue collar calls for a 3.75 /o increase. , Bureau of Labor Statistics Data Statistics Bureau of Labor Statistics Data WWWmblSMgOV Search | A-Z Xndex BLS Home j Programs & Surveys | Get DetaHed Statistics | Glossary j What's New } Find Itl In POL Change Output From:}l996 To:|2006 Options: r include graphs NEWi More Formatting OptipiisM^ Data extracted on: July 17, 2006 (4:03:31 PM) Consumer Price Index - Urban Wage Earners and Clerical Workers 12 Months Percent Change Series Id: CWUROOOOSAO Not Seasonally Adjusted Area: U.S. city average Item: All items Base Period: 1982-84=100 Year Jan Feb Mar Apr 1996 2.6 2.6 2.8 2.9 1997 3.0 3.0 2.7 2.33.0 3.0 2.7 2.3 lun 3ul Aug Sep[Oct Nov Dec Annual HALFiIhALFZ 2.8 2.9 2.9 3.0 3.0 3.3 3.3 2.9 2.8 2.1 2.1 2.1 2.1 2.1 1.9 1.7 1.5 2.32.3 1998 1.7 2.3 2.1 1.9 |2.2| |2.8 |2.7 2.71.71999 2000 2.9 2001 3.7 2002 0.9 2003 2.6 2004 1.8 2005 3.0 2006 EB 4.0 3.3 2.8 3.3 1.2 m 3.2 2.3 2.5 1 i i 1.4 2.2 1.9 2.6 3.5 3.5 3.5 0.8 0.7 2.0 2.1 2.0 2.1 |2.3 3.0 3.2 3.0 2.6 2.4 l3.2 2.9 2.6 3.3 3.8 5.2 4.7 3.5 |3.5 |3.5 3.7 3.6 3.7 2.2 2.5 2.6 2.2 12 Months Percent Change Series Id: CWURAIOISAO Not Seasonally Adjusted Area: New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Item: All items Base Period: 1982-84=100 Year |jan|Feb|Mar|Apr May 3un 3ul Aug Sep Oct|Nov Dec Annual HALFl HALF2 http://data.bls.gov/PDQ/servlet/SurveyOutputServlet 7/17/2006 Bureau of Labor Statistics Data Page 2 of 2 1996 2.9 3.3 3.4 3.0 3.0 2.8 2.8 2.8 3.1 2.9 3.0 3.0 3.0 3.1 2.9 1997 2.6 2.8 2.5 2.4 2.0 2.1 2.3 2.1 2.0 2.3 2.0 1.8 2.3 2.3 2.1 1998 1.6 1.2 1.0 1.4 1.6 1.6 1.5 1.8 1.3 1.4 1.5 1.7 1.4 1.4 1.5 1999 1.8 1.4 1.5 1.7 1.7 2.0 2.0 2.1 2.4 2.3 2.4 2.2 2.0 1.7 2.2 2000 2.3 3.2 3.5 3.2 3.2 3.2 3.4 3.1 3.5 3.3 3.2 3.3 3.2 3.1 3.3 2001 3.4 2.7 2.9 2.9 3.4 3.5 2.9 2.8 2.1 1.7 1.8 1.6 2.6 3.1 2.1 2002 1.6 2.2 2.1 2.6 1.9 1.5 2.0 2.5 2.7 3.0 3.0 3.2 2.4 2.0 2.8 2003 3.4 3.6 3.5 2.8 2.8 2.9 3.0 3.2 3.4 3.4 3.1 3.1 3.2 3.1 3.2 2004 2.7 2.6 3.2 3.5 3.9 4.4 3.8 3.2 2.9 3.4 3.9 3.7 3.4 3.4 3.5 2005 4.0 3.6 3.7 3.8 3.3 2.3 3.2 4.0 5.2 4.5 3.8 3.4 3.8 3.4 4.0 2006 3.8 3.6 3.2 3.9 4.8 Frequently Asked Questions | Freedom of Information Act | Customer Survey Privacy & Security Statement | Linking to Our Site j Accessibility U.S. Bureau of Labor Statistics Postal Square Building 2 Massachusetts Ave., NE Washington, DC 20212-0001 Phone: (202) 691-5200 Fax-on-demand: (202) 691-6325 Data questions: bisdata staff@bls.aov Technical (web) questions: webmaster@bls.qov Other comments: feedback@bls.qov / ^ t s http://data.bls.gov/PDQ/servlet/SurveyOutputServlet 7/17/2006 July 24, 2006 Town Board Meeting TOWN OF ITHACA ATTACHMENT §7 T)/| >< ^ PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: MICHAEL SMITH, ENVIRONMENTAL PLANNER^^ DATE: JULY 18,2006 RE: OUTDOOR LIGHTING LAW Please find attached an updated version of the proposed Outdoor Lighting Law (dated 07/12/06). As you may recall, the Board reviewed an earlier draft of the proposed Law last November and a short presentation was provided. Since that meeting, the Town has received a couple comments and questions on the proposed Law and the Codes and Ordinances Committee (COC) has been discussing and further revising the Law. Some of the changes since November include: adding a definition for Sky Glow, requiring that Low Pressure Sodium fixtures be fully shielded (resulting in removing the definition for Partially Shielded Fixture), changes to the enforcement provisions, and some formatting and editing changes. The COC held a public information meeting on the Law in May and distributed notices summarizing the proposed law to most business and commercial property owners in the Town. The COC has finished their review of the Law and are now sending it on to the Town Board for consideration of adoption. If the Town Board is comfortable with the proposed Law, it is suggested that the Law now be referred to the Planning Board for a recommendation. Please call or email me at msmith@.town.ithaca.nv.us if you have any questions prior to the meeting. s 'We often light as ifwe were trying to water a flower pot with a lawn sprinkler. July 24, 2006 Town Board Meeting ATTACHMENT #8 ^ A€ENDA# 9 ' < TOWN OF ITHACA t ^ PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JON KANTER, DIRECTOR OF PLANNING DATE: JULY 20, 2006 RE: CODE AMENDMENT REGARDING CHAPTER 270 ZONING - SOLAR COLLECTORS AND INSTALLATIONS This is a follow-up to the memo dated July 18, 2006 that was included in the Town Board meeting packet regarding the draft local law permitting the installation and use of solar collectors in any zoning district in the Town, subject to certain criteria. The Codes and Ordinances Committee met to discuss this draft law on July 19, 2006, and decided to^ forward the attached draft for the Town Board's consideration with certain qualifications. The Committee did not end up in unanimous agreement regarding several of the criteria for allowing solar collectors by right. Some members felt that the law should be as permissive as possible to encourage the use of solar energy. Other members felt that there should be more consideration given to the protection of commumty character and minimizing potential visual impacts of solar installations. The Committee did agree to forward the attached draft to the Town Board with alternate lan^age suggested in three sub-sections, and also agreed that it would be desirable at this point to get the feedback of the Planning Board, Zoning Board of Appeals and Conservation Board prior to finalizing 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 maximum 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 Codes and Ordinances Committee is requesting that the Town Board not only refer the attached draft law to the Planning Board for a recommendation, but also to send it to the Zoning Board of Appeals (ZBA) and the Conservation Board for review and comment. If the Board is in agreement, this can be done by a verbal resolution at the meeting. ' > The estimated timeframe for review and comment by the advisory boards would be as follows: Planninp Rnard: Could put on agenda and schedule public hearing for August 15 meeting. ZBA: Could put on agenda for discussion and comment at August 21®^ meeting. Conservation Board: Not meeting in August - could put on agenda for discussion and comment at September 7^ meeting. This could return to the Town Board at the September 11^ meeting to consider setting a public hearing for the local law, which could be scheduled for the October 16^ regular meeting of the Town Board for consideration of adoption of the local law. At this point, there are no additional solar collector applications pending. That could change at any time. The Codes and Ordinances Committee, therefore, is hopeful that the process for consideration of this law can move ahead. Please feel free to call if you have any questions. Att. th I I A / ' f \ same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. (8) The Zoning Board of Appeals shall, in the granting of such variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. C. The variances and the procedure for obtaining same shall, except where explicitly otherwise required by this chapter, be in accordance with the provisions of the Town Law, particularly § 267 et seq., and the provisions of the Town of Ithaca Code, Chapter 270, Zoning, relating to the consideration of area variances. D. Any person aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law. § 173-19 Law governing conflicts. ^ Where any provision of federal, state, county, or town statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive provision shall govern except where preempted by state or federal law. Section 2. Chapter 221, Signs, Section 221-8 of the Town of Ithaca Code, entitled "Sign illiunination," is amended as follows: 1. § 221-8.A is amended by adding a new subsection (6) reading as follows: "Illuminations that do not meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code, are prohibited." 2. § 221-8 is further amended by adding a new subparagraph E. as follows: "In addition to the foregoing requirements, all illuminations shall meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code." Section 3. Chapter 270, Zoning, Section 270-22. J of the Town of Ithaca Code regarding Conservation Zones, entitled "Additional requirements and restrictions," is amended by adding a new subsection (3) as follows: • ^ 07/12/06 13 "All approved street lighting must comply with the requirements of the Outdoor Lighting ^ Law, Chapter 173 of the Town of Ithaca Code." ' Section 4. Chapter 270, Zoning, Section 270-188.M of the Town of Ithaca Code regarding Site Plan Review, titled "Considerations for approval," is amended by adding the following underlined language to this subparagraph: "Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Water Resources Ordinances, if applicable. Outdoor Lighting Law, and any other applicable laws, rules, requirements or policies." Section 5. Chapter 270, Zoning, Section 270-122.B of the Town of Ithaca Code regarding Commercial Zones, entitled "Additional special requirements. Access and sidewalks," is amended by deleting the second sentence and replacing it with "All outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code' so that Section 270-122.B reads as follows: "Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material, and, if business is to be carried on in tiie evening, shall be adequately lighted. All outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to ^ ^ public streets shall be subject to the approval of the appropriate highway authority. Unless waived by the Town Board or Planning Board for good cause shown, sidewalks shall be installed by the developer of any commercial zone (except Lakefi-ont Commercial Zones) simultaneously with construction of any commercial buildings on any site." Section 6. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 7. 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. i r ^ 07/12/06 14 f \ guilty of a violation as the same is defined in the Penal Law and shall be fined not more than $100 for each violation. Each day that such violation is permitted to exist shall constitute a separate violation. Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with such violations. E. In addition, any person, firm, corporation, or entity, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made thereunder, or who installs, moves, or alters any light in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter or other Town of Ithaca Code provisions, shall be liable for a civil penalty of one hundred dollars ($100.00) for a first violation and two hundred dollars ($200.00) for a second or subsequent violation that was committed within a period of five years from the commission of the prior violation. Each day that such violation is permitted to exist shall constitute a separate violation. The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attomeys' fees, and/or to compel compliance or restrain by injunction any such violation. §173-18 Appeals and variances. A. The Zoning Board of Appeals, established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code, shall hear and decide the following matters: (1) Questions of alleged error in any order or determination of the Enforcement Official involving the interpretation of the provisions of this chapter; and (2) Requests for variances fi-om the provisions of this chapter. B. The Zoning Board of Appeals may grant variances firom the application of this chapter upon the following conditions: (1) Any variance shall be prospective in its application and shall not relieve any person firom the penalties and fines for violating this chapter by conditions that existed prior to the granting of the variance. (2) An application for a variance shall be submitted to the Town in a form substantially indicating the name and owner of the real property, the nature of the condition for which a variance is sought, and the reasons for which a variance is sought. 07/12/06 11 (3) The applicant shall pay the same fee as that set forth in Chapter 153, Fees, of N the Town of Ithaca Code for appeals to the Zoning Board of Appeals for < » variances. (4) Where the applicant is also seeking site plan review, the variance application shall be referred to the Planning Board, established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code, for its review and recommendation to the Zoning Board of Appeals. (5) The Zoning Board of Appeals shall hold a public hearing on the application and shall publish notice of said public hearing at least five days prior to its date. At the option of the Zoning Board of Appeals, notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. At the option of the Zoning Board of Appeals, a notice that a variance is sought shall also be posted on the property in accordance with the posting provisions of Chapter 270, Zoning, of the Town of Ithaca Code. (6) The Zoning Board of Appeals may grant a variance if it determines that the purposes of this chapter will be met if the variance is granted, and that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such t grant. In making such determination the Board shall consider, among other matters: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (c) Whether the requested variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the variance. (7) The Zoning Board of Appeals, if it chooses to grant the variance, shall grant the minimum variance that it shall deem necessary and adequate and at the i 07/12/06 12 ^ § 173-15 New construction. A. Submission contents. The applicant for any permit or approval required by any provision of the Town of Ithaca Code in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit or approval) evidence that the proposed work will comply with the requirements of this chapter. The submission shall contain but shall not necessarily be limited to the following: (1) Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; (2) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices, and their lumen output. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); (3) Photometric data, such as that furnished by manufacturers, or similar data showing the angle of cut off or light emissions, and the lumen output. B. Additional submission. The above-required plans, descriptions and data shall be sufficiently complete to enable the plans examiner or board to readily determine whether compliance with the requirements of this chapter will be secured. If such plans, descriptions and data cannot enable this determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit additional evidence of compliance to enable such determination, such as certified test reports by a recognized testing laboratory. C. Subdivision plat certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this chapter will be adhered to. D. Lamp or fixture substitution or addition. Should any outdoor light fixture, or the type of light source therein, be changed or added after the permit or approval has been issued, a change request must be submitted to the Enforcement Official for approval, together with adequate information to assure compliance with this chapter. Approval must be received prior to substitution or addition. § 173-16 Notification requirements. A. The Town of Ithaca application forms for site plan approval, subdivision approval, special approval, and building permits shall include a statement asking whether the planned project will include any outdoor lighting. 07/12/06 B. Within thirty (30) days of the effective date of this chapter, the Town Clerk shall ^ send a copy of the Outdoor Lighting Law with a cover letter to all local electricians, ^ i local electric utility, local architectural firms, and local engineering firms (including at least those in the Towns of Ithaca, Danby, Dryden,,Enfield, Lansing, Newfield, and Ulysses, and the City of Ithaca as listed in the Yellow Pages). § 173-17 Enforcement of violations. A. In the event of a breach of any of the provisions of this chapter, the Enforcement Official shall notify the owner of the premises, in writing, to remove, repair, or bring the luminaire into conformance within 30 days of the date of such notice. B. Upon failure to comply with any notice within the prescribed time, the Enforcement Official may remove or cause removal, repair, or conformance of the luminaire, and shall assess all costs and expenses incurred against the owner of the premises on which the luminaire is located. C. All costs and expenses incurred by the Town of Ithaca in causing the removal, repair or conformance of any luminaire, as specified in this section, shall be collected from the owner of the premises on which such luminaire is located. Payment shall be made in not more than five days after the receipt of a written demand, or in not more than 30 days after the final decision on any judicial contest the owner may pursue. If ^ \ the owner fails to make a timely payment, then such unpaid costs, expenses and interest at the per annum rate of 9% incurred from the date of removal, repair or Town action to bring the luminaire into conformance shall constitute a lien upon the premises on which the luminaire is 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. D. Any person, firm, corporation, or entity, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply vsdth any order or regulation made thereunder, or who installs, moves, or alters any light in violation of any detailed statement or plans submitted by him and approved ^ under the provisions of this chapter or other Town of Ithaca Code provisions, shall be ^ 07/12/06 10 § 173-11 Spotlight/floodlight. Spotlights and floodlights shall be aimed 45 degrees or more below the horizontal. Horizontal Plane 45 Degrees ACCEPTABLE Horizontal Plane y < 45 Degrees UNACCEPTABLE Light aimed above horizontal plane Horizontal Plane UNACCEPTABLE § 173-12 Prohibitions. A. Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited. The temporary use of laser source li^ts that project light into the sky 07/12/06 may be allowed subject to the restrictions of temporary outdoor lighting contained in ^ § 173-13. ^ ^ B. Searchlights and strobe lights. The operation of searchlights or strobe lights is prohibited. C. Mercury vapor fixtures and lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited. §173-13 Temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted by the Enforcement Official after considering: (1) the public and/or private benefits that will result firom the temporary lighting; (2) any annoyance or safety problems that may result fi:om the use of the temporary lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Enforcement Official, who shall consider Ae request. The Enforcement Official shall render the decision on the temporary lighting request within two weeks. § 173-14 Existing nonconforming luminaires. All luminaires lawfully in place on the effective date of this chapter that do not meet the ^ requirements of this chapter are exempt from this chapter, except that: ^ A. Any luminaire that replaces an existing nonconforming luminaire, or any existing nonconforming luminaire that is moved, must meet the requirements of this chapter; B. Any existing nonconforming luminaire that creates glare or light trespass shall be either shielded or re-directed within thirty (30) days of notification to the owner or occupant by the Town, so that the direct light is contained on the property; C. Existing nonconforming luminaires that direct light toward streets or parking lots and cause disability glare to motorists, pedestrians, or cyclists shall be either shielded or re-directed within thirty (30) days of notification to the owner or occupant by the Town, so that the luminaires do not cause a potential hazard to motorists, pedestrians, or cyclists; D. Existing nonconforming signs are exempt only for a period of one year, as specified in § 173-8C; E. Existing nonconforming lighting under or on roof overhangs and canopies is exempt only for a period of one year, as specified in § 173-IOC; and F. Section 173-9B regarding hours of operation shall apply. ^I 07/12/06 r> / ^§ 173-7 Exemptions to control of glare. A. All temporary emergency lighting needed by police or fire departments or other emergency services, as well as all automobile luminaires, shall be exempt from the requirements of this chapter. B. All hazard-warning luminaires required by federal regulatory agencies are exempt from the requirements of this article, except that all luminaires used must be as close as possible to the federally-required minimum lumen output requirement for the specific task. C. Fossil fuel light All outdoor light fixtures producing light directly by combustion of fossil fuels (such as kerosene lanterns, and gas lamps) or equivalent, are exempt from the requirements of this chapter. D. Holiday decorations. Lights used for holiday decorations are exempt from the requirements of this chapter. E. Fountain lights. All lights located within a fountain are exempt from the requirements from this chapter. §173-8 Outdoor signs. A. Top mounted fixtures required. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of § 173-6. Bottom-mounted outdoor sign lighting shall not be used. Outdoor signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. 07/12/06 C. Existing nonconforming outdoor signs shall be brought into conformance with the provisions of this chapter within one year from its effective date. D. In addition to the foregoing requirements, all outdoor signs must conform to § 221-8 of the Town of Ithaca Code regarding sign illumination. § 173-9 Recreational facilities. Any light source permitted by this chapter may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, Softball fields, tennis courts, or show areas, provided all of the following conditions are met: A. All fixtures used for event lighting shall be fully shielded as defined in § 173-4 of this chapter. B. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. § 173-10 Lighting under roof overhangs and canopies. A. Light fixtures mounted under roof overhangs and canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (soffit) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical. Source: International Dark-Sky Association Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy shall not be illuminated. Existing nonconforming lighting under or on roof overhangs and canopies shall be j , brought into conformance with the provisions of this chapter within one year from its ^ * effective date. ^ 07/12/06 to keep unnecessary direct light from shining onto abutting properties or streets, to help reduce the energy costs of outdoor lighting, and to reduce sky glow. § 173-4. Definitions. As used in this chapter, the following terms shall be defined as follows: DIRECT LIGHT: Light emitted directly from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire. DISABILITY GLARE; Glare resulting in reduced visual performance and visibility. It is often accompanied by discomfort. ENFORCEMENT OFFICIAL: The official charged with the duty to enforce the zoning and other laws, ordinances, codes, and regulations relating to buildings and property. EXISTING NONCONFORMING LUMINAIRES: Luminaires not conforming to the provisions of this chapter that were in place on the effective date of this chapter. FIXTURE: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. FLOOD OR SPOTLIGHT: Any light fixture or lamp that incorporates a reflector, a refractor, or a prismatic lens to concentrate the light output into a directed beam in a particular direction. FULLY-SHIELDED LUMINAIRE: A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, is projected below a horizontal plane through the luminaire's lowest light emitting part. Horizontal Plane 07/12/06 , N t GLARE: Light emitted from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness. INDIRECT LIGHT: Direct light that has been reflected or has scattered off other surfaces. LAMP: The component of a luminaire that produces the actual light (commonly called a bulb). LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LUMEN: The unit used to measure the actual amount of light which is produced by a lamp. One footcandle is one lumen per square foot. For the purposes of this chapter, the lumen- output values shall be the INITIAL lumen output ratings of a lamp. Lumen output of most lamps is listed on the packaging. LUMINAIRE: A complete lighting system, including a lamp or lamps and a fixture. OUTDOOR LIGHTING: The night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means. SKY GLOW: The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Sky glow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. TEMPORARY OUTDOOR LIGHTING: The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven (7) days, with at least 180 days passing before being used again. § 173-5. Applicability of requirements. All new and replacement public and private outdoor lighting installed in the Town of Ithaca after the effective date of this chapter shall be in conformance with the requirements of this chapter. Certain lighting in place on the effective date of this chapter shall also be subject to the requirements of this chapter, as specified in § 173-14. Any inconsistent language in the Town of Ithaca Code is superceded by the requirements of this chapter. § 173-6. Control of glare—shielding requirements. A. All nonexempt outdoor lighting fixtures shall be fully shielded, except glass tubes filled with neon, argon, or krypton do not require any shielding. B. Notwithstanding the foregoing, any lamp of 1,000 lumens or less does not require ^ any shielding. ^ 07/12/06 0 '' ^ TOWN OF ITHACA 1 ^ LOCAL LAW NO. OF THE YEAR 2006 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 enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter 173, entitled "Lighting, Outdoor", reading as follows: Chapter 173 LIGHTING, OUTDOOR § 173-1. Title. ^ § 173-2. Findings. ' + § 173-3. Purpose. § 173-4. Definitions. § 173-5. Applicability of requirements. § 173-6. Control of glare—shielding requirements. § 173-7. Exemptions to control of glare. § 173-8. Outdoor signs. § 173-9. Recreational facilities. § 173-10. Lighting under roof overhangs and canopies. § 173-11. Spotlight/floodlight. _ § 173-12. Prohibitions. » S § 173-13. Temporary outdoor lighting. f , 07/12/06 § 173-14 Existing nonconforming luminaires. ^ f \ \ § 173-15. New construction. § 173-16. Notification requirements. §173-17. Enforcement of violations. § 173-18. Appeals and variances. § 173-19. Law governing conflicts. § 173-1. Title. This chapter shall be known as the Outdoor Lighting Law. § 173-2. Findings. The Town Board of the Town of Ithaca finds the following: A. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighttime character, and helps provide security. B. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, higher energy use, and can negatively impact animals. Excessive glare can be armoying and can cause safety problems. Light trespass reduces everyone's privacy, and sky glow can interfere with observatories. If these problems are addressed, the resulting reduced energy use can benefit everyone through reduced pollution and lower energy costs. C. There is a need for a lighting law that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation and operation so as to help maintain and complement the Town's character. D. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents and visitors of the Town. § 173-3. Purpose. The purpose of this chapter is to promote the public safety and welfare by regulating outdoor lighting to reduce the problems created by improperly designed and installed outdoor lighting. This chapter is intended to eliminate problems of glare and minimize light trespass ^ / ' f \ 07/12/06 JULY 19,2006 DRAFT > TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING 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 definitions 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), shil 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 techniques necessary to distinguish exposed energized parts firom 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 firom 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: f' \ 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) The height of the solar collector and any moimts 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 [500]? [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?) f 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 connections 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 connection 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. f 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. July 24, Town Board Meeting ATTACHMENT ff9 DJI ^ 1 s(Name of Entity) Stormwater Maintenance A^eement - (date) 7r J. A OPERATION, MAINTENANCE, AND REPORTING AGREEMENT THIS AGREEMENT is effective this day of 200_, by and between the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"), and [NAME OF ENTITY, type of entity, Address] (the "Owner"). WITNESSETH: WHEREAS, the Owner received final site plan/subdivision approval for (X) (the "Approval") from the Town's Planning Board by resolution number 200X-XX dated XX on tax parcels x-xx at (specific address) in the Town of Ithaca, Tompkins County, New York, and WHEREAS, such Approval was granted conditional upon the construction and maintenance of the approved stormwater facilities, submission of an annual stormwater inspection report, and an agreement with the Town regarding the same; NOW, THEREFORE, in consideration of the granting of the Approval and in furtherance of the public purposes of providing adequate stormwater retention and maintenance, the parties agree as follows: /I 1. Construction of Facilities. The Owner agrees to construct all of the stormwater ' > management facilities, erosion control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the Approval, copies of which are on file in the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct, at its expense: (a) The (identify type of stormwater facility approved, i.e. drainage pond), which shall be located substantially as shown on the (name of site plan/subdivision drawings facility is identified on) (referred to in this Agreement as the "Drawings"); and (b) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, and all other drainage-related facilities and structures, whether above or below grade, which shall be located substantially as shown on the Drawings; and (c) Such future Facilities as may be required to be constructed by applicable laws, rules, or regulations. All of such Facilities shall be constructed as shown on the Drawings, in accordance with good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town's Director of Engineering. 2. Inspection. Maintenance and Repair of Facilities. The Owner agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title to any portion of the properties on which any of the Facilities are located, to operate, maintain and repair the Page 1 of 6 07/13/06 (Name of Entity) Stormwater Maintenance Agreement - (date) Facilities to insure that the Facilities continue to function for their intended purpose and as designed. In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence, the Owner agrees to follow the maintenance plan for regular and recurring inspections and maintenance of the Facilities which is part of the Approval and is set forth on (name of document and name of Engineer who prepared it). In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town's Director of Engineering in order to assure the continued operation of the Facilities as intended and designed. The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities functioning in a good and workmanlike manner. 3. Town Inspections and Repair. The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Agreement as Exhibit A. The Owner agrees the Town may enter upon the property described in Exhibit A or any portion thereof for the purposes of observing and inspecting the Facilities at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town's Director of Engineering, or other officers or employees of the Town, and to make repairs to the Facilities as set forth below. If maintenance deficiencies are found as a result of such inspections, the Director of Engineering will notify the Owner in writing, and the Owner shall cause needed repairs to be made within the number of days set forth in such notice. If the Owner fails to complete die repairs to the satisfaction of the Director of Engineering within the required period, the Town reserves the right (but does not have the obligation) to have the repairs made and will charge the Owner for the cost of such repairs. The Owner agrees to pay for such repairs within 10 days after demand for same. Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to any portion of the Facilities in the event of a threat to the safety of the Facilities or properties adjacent to or downstream of any portion of the Facilities, with the cost of such repairs to be reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any Facility is located off-site or on the property of a third party, the Owner, at its sole cost and expense, shall obtain easements and rights-of-way thereto acceptable to the Town. 4. Contest of Bills. In the event the Town makes repairs and issues a demand for reimbursement, and the Owner disputes either the need for the repairs or the cost of the repairs, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs, or cost, or both, is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed, the Town shall, within forty-five days of the filing, arrange for a hearing before the Town Board which, based upon any relevant materials presented by the Director of Engineering and the Owner, shall issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the resolution to the Owner, within five days after such filing, at the address for such Owner set forth at the outset of this Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Director of Engineering. If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Page 2 of 6 07/13/06 ^ ' (Name ofEntity) Slormwater Maintenance Agreement - (date) Civil Practice Law and Rules of the State of New York, provided such proceeding is commenced ^ within 30 days ofthe filing with the Town Clerk ofthe decision ofthe Town Board. The Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board. 5. Addition to Taxes. In the event the Town makes repairs and the Owner fails to reimburse the Town for the cost of said repairs within 10 days after the demand for same, or, if contested by the proceedings set forth above, fails to so reimburse within 30 days ofthe filing ofthe final decision on the contest determining the amount due to the Town, 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 land on which the Facilities are located. The Town may bring a legal action or proceeding 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 so that 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 Owner agrees that the assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to recovery from the other party of its reasonable costs in prosecuting or defending any action, including reasonable attorneys' fees. The prevailing party shall be determined by the court determining the matter. "Prevailing party" shall mean a party which is awarded all or substantially all of the relief demanded by such party. 6. Annual Inspection Report. The Owner shall submit an annual stormwater inspection report to the Town's Director of Engineering on or before the first day of October of each year, with the first report being submitted the first October following the issuance ofthe Building Permit. Such reports shall, at a minimum, include the location of the property. Owner's contact mformation, a summary of completed inspections and results of such inspections, and a summary of any maintenance activities or corrective actions undertaken. Annual reports shall be signed by the Owner or other legally responsible party, and shall attest to the accuracy ofthe information provided in the report. Failure to submit the annual reports, or the submission of inaccurate reports, shall constitute a condition of non-compliance with the (site plan/subdivision) Approval and be subject to enforcement as outlined below. 7. Alterations and Discontinuation of Facilities. The Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Facilities except in Page 3 of 6 07/13/06 (Name of Entity) Stormwater Maintenance Agreement - (date) 13. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its Page 4 of 6 07/13/06 / accordance with written approval of the Town and pursuant to any applicable requirements for modification of site plans/subdivision approvals. 8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended. 9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for tax parcels x-xx. The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner. 10. Binding Effect and Enforcement. (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to any portion of the properties on which any of the Facilities are located shall be bound by the terms of this Agreement. The Owner shall execute whatever documents are necessary to make this Agreement binding on any persons or entities who obtain title to any portion of the properties on which any of the Facilities are located. (b) Failure to comply with any of the requirements of this Agreement shall, without limiting the remedies otherwise available to the Town, constitute a condition of non- ^ ^ compliance with the (site plan/subdivision) Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270- 239 of the Town of Ithaca Code and Section 268 of the Town Law. 11. Representation as to Authority. Each ofthe persons executing this Agreement on behalf of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution, the party for which he or she is executing this Agreement is fully bound by its terms. 12. Limitation unon Town Liability and Indemnity. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Agreement, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by an intentional wrongful act of the Town. The Owner agrees to indemnify and hold harmless the Town and its employees, agents, subcontractors and consultants for all damages, losses and claims that arise out ofthe Owner's and/or Town s actions or failures to act under or pursuant to this Agreement, except this indemnification shall not extend to damages, losses and claims solely caused by an intentional wrongful act of the Town. Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs. (Name of Entity) Stormwater Maintenance Agreement - (date) minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or surface waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and (5) the waiver is the minimum necessary degree of variation from the requirements of this Agreement. 14. Severabilitv. In the event that any portion of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. TOWN OF ITHACA . « By: Date [Name], Supervisor [NAME OF ENTITY] By: Date [Name and title of signatory] r \ Page 5 of 6 07/13/06 (Name of Entity) Stormwater Maintenance Agreement - (date) n STATE OF NEW YORK : ^ COUNTY OF TOMPKINS : ss,: ^ ^ On the day of in the year 200_ before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 200_ before me, the undersigned, personally ^ appeared personally known to me or proved to me on the basis of satisfactory > evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the ' instrument. Notary Public Page 6 of 6 07/13/06 iv D /i J (,;> / \ RIGHT-OF-WAY AND EASEMENT THIS INDENTURE is made this day of , 200_, by and between [NAME, type of entity, street address, city, state, ZIP code] ("Grantor") and the TOWN OF ITHACA, an incorporated municipality of the state of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"). WTTNESSETH: That the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant and release unto the Town, its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT to [delete the following 3 words if the Town isn't building and operating the facilities: lay, construct, operate,] make observations of, inspect, maintain, alter, repair, remove, replace or change the size of drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, upon and under the below-described parcels of land, such parcels being the areas of the permanent easements and rights-of- way, and including the right to trim and/or remove obstructing trees, shrubs and ^0^ other obstructions on said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, [Use the following if there is a survey of the easement] ail as more particularly bounded and described as follows: ALL THAT TRACT AND PARCEL OF LAND situate in the Town of Ithaca , Tompkins County, New York, [being a part of Lot in said Town] and described as follows: [Add metes and bounds description here.] Said premises being shown on a survey map entitled "SURVEY map, EASEMENT, TOWN OF ITHACA; COUNTY OF TOMPKINS, STATE OF NEW YORK, "/ made by L. S. (# )/ dated , 200_, a copy of which map is intended to be filed concurrently herewith. [Use the following if there is no survey of the easement] all as more particularly described as follows: tax parcels x-xx [or other description]. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures shall be constructed within the aforesaid right-of-way and permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to [lay, construct, operate,] make observations of, inspect, maintain, alter, repair, remove, replace or change the size of any drainage, stormwater and/or sediment control facilities, including ditches, ponds, and other and related appurtenances. AND, Grantor further covenants and agrees: 1. Grantor, for himself and all of his successors and assigns, covenants and agrees that no buildings or structures shall be constructed within the aforesaid right-of-way and permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to [lay. 07/13/06 construct, operate,] make observations of, inspect, maintain, alter, repair, remove,^ / replace or change the size of any drainage, stormwater and/or sediment controlV j facilities, including ditches, ponds, and other and related appurtenances.W2. Grantor, for himself and all of his successors and assigns, covenants andagrees that no trees or other plants will be planted or cultivated that mayinterfere with the said easement and right-of-way.3. _ Grantor, for himself and all ot his successors and assigns,xovenants andagrees that he will not permit or conduct any mining, excavation, construction orblasting within said easement and right-of-way.4. Grantor, for himself and all of his successors and assigns, covenants andagrees that he will not engage in any conduct, directly or indirectly, that blocks,\ obstructs, or interferes with the ingress and egress rights of the Town, its\ ^ successors, assigns, employees and agents.5. Grantor, for himself and all of his successors and assigns, covenants andagrees that he will place the following provision in all conveyances of theproperty or portions thereof covered by this easement, or any rights therein:''Being the purpose of the said drainage easement and right-of wayto convey rights to the Town of Ithaca for drainage, storm sewer,sediment control and stormwater management purposes, includingthe conveyance of rights to said Town to [lay, construct, operate,]make observations of, inspect, maintain, alter, repair, remove, replaceor change the size of drainage, stormwater and/or sediment controlfacilities, including ditches, ponds, and other and relatedappurtenances and devices, together with the rights of free ingressand egress in, over, upon and under the below- describedpermanent easement and right-of-way, and including the right totrim and/or remove trees, shrubs and other obstructions: all of whichrights are (1) set forth in a permanent easement and right-of-waygranted to the Town, the terms, obligations and conditions of whichare expressly incorporated herein, and (2) assignable by the said^ Town to any successor or assign, or to any Drainage District now^ ^ existing or hereafter to be formed."AND FURTHER, Grantor and the Town acknowledge that the easement andrights-of-way hereby granted are fully assignable by the Town, withoutprejudice or recourse.TO HAVE AND TO HOLD said right-of-way and easement imto the Town, itssuccessors and assigns forever.IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the dayand year first above written.IN PRESENCE OF[Name], GRANTORSTATE OF NEW YORK )COUNTY OF TOMPKINS } ss:On the day of , in the year 200_, before me, the undersigned, personallyappeared , personally known to me or proved to me on the07/13/06 basis of satisfactory evidence to be the individual whose name is subscribed to the within instniment and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public / ^ 07/13/06 July 24, 2006 Town Board Meeting ATTACHMENT ffll TOWN OF ITHACA SUMMARY OF 2006 EXPENSE and REVENUE FOR TOWN OF ITHACA YOUTH PROGRAMS (M0^IITORED BY TlhIE COUNTY JOIN-r YOUTH COMMISSION) PROGRAM ACCOUNT TOWN COMMISSION PROGRAM PERCENT DESCRIPTION CODE 2006 2006 INCREASE 2006 BUDGETED BUDGETED (DECREASE)BUDGETED PROGRAM PROGRAM PROGRAM EXPENSES EXPENSES EXPENSES Coddington Rd Community Ctr $11,600 $11,600 $11% Cooperative Extension 23,485 24,523 1,038 22% Leaming Web / Youth Works 55,680 57,000 1,320 52% Workforce NY 4,530 2,265 (2,265)2% Town Jobs Youth Employment A -5,318 5,318 5% Town Employment B -7,941 7,941 7% Town Youth Employment Program 14,100 -(14,100)0% Floating classroom -750 750 1% Total $109,395 $109,397 $ 2 100% REVENUE (REIMBURSEMENT) Direct reimbursement from the Village of Lansing (10,700) Direct reimbursement from the County (41,772) Net Cost to the Town $56,925 HOW THE 'rOWNWILLBE REIMBURSED PROGRAM PERCENT STATE YOUTH REIMBURSEMENT DESCRIPTION 2006 PROGRAMMING BY BUDGETED AID VIA THE PROGRAM PROGRAM COUNTY BASED ON 2006 EXPENSES BUDGETED EXPENSES Coddington Rd Community Ctr 11%$41,772 $4,595 Cooperative Extension 22%$ 41,772 $9,190 Learning Web / Youth Works 52%$41,772 $21,721 Workforce NY 2%$41,772 $835 Town Jobs Youth Employment A 5%$41,772 $2,089 Town Employment 8 7%$41,772 $2,924 Town Youth Employment Program 0%$41,772 $- Floating Classroom 1%$41,772 $418 Reimbursement from the County 100%$41,772 Reimbursement from the Village of Lansing $10,700 1 Total Reimbursements for Youth 2006 Youth Programming $52,472 1 What percent Is reimbursement dollars?48% 1 1 What percent Is out-of-pocket (direct) Town dollars?52% TOWN OF ITHACA SUMRAARY OF 2006 REIMBURSEMENT FOR THE RECREATION PARTNERSHIP Town's Budgeted Share for the Recreation Partnership $ 52,682 less: State Youth Programming Reimbursement Via the County $ (6,354) Net Cost to the Town What percent Is reimbursement dollars? I I What percent is out-of-pocket (direct) Town dollars? $ 46,328 12% 88% Total County Relmbursment to the Town $ 48,126 Total Village of Lansing Riembursement to the Town $ 10,700 Total Town Reimbursement $ 58,826 Total Town Yth Budget 2006 Total Town Reimbursement Total Expenses Percent Town Reimbursed Percent Town Pays 109,397 52,472 161,869 36% 64% ^ University of Vermont Burlington, Vermont Teaching Assistant (Plant Pathology) Acted as the primary educator in the laboratory portion of a required upper level plant pathology course. Designed laboratory protocols and instructed various laboratory sections to cover a wide-variety of topics focused on plant pathology. University of Vermont Burlington, Vermont Research Technician I Provided technical support for research conducted at the University Agricultural Research Center. Responsible for collecting, entering, maintaining, and analyzing research data while following research protocols. Additionally, worked with apple growers throughout the state for technical support. Related Professional Service I \ aty of South Burlington South Burlington, Vermont Natural Resources Committee Member Appointed to the SBNRC, this acts as a preliminary review body to the Development Review Board, to offer scientific support to aid the dty in planning and development decisions. Reviewed both personal and commercial development plans to inspect impact on surrounding environment and worked directly with developers to limit potential impact. Was required to thoroughly understand both local and state regulations pertaining to zoning, land-use, and environmental impact. References Robin Bellinder at (607) 255-7890 Cornell University, Professor Research and Extension in Weed Science Lorraine Berkett at (802) 656-0972 University of Vermont, State IPM Coordinator/Extension Specialist M. Elena Garcia at (802) 656-2824 University of Vermont, State Pomologist/Extension July 24, 2006 Town Board Meeting ATTACHMENT #10 CHRIS BENEDICT 1571SLATERVILLE ROAD ITHACA, NY 14850 PHONE: (607) 288-4087 CAB223@CQRNELL.EDU To Whom This May Concern: I am writing to apply for the Conservation Board member in the Town of Ithaca. I have included my resume to outline my credentials and to express my interest in this position. I have long had an interest in the natural world and have spent the last 10 years educating myself to further understand the complex ecosystem that surrounds us. I have recently piurchased a home in Town of Ithaca that has a conservation easement with the Finger Lakes Land Trust and butts onto the back of the Six Mile Creek Watershed. In purchasing this land, I have come to understand and appreciate the natural beauty of this area. Additionally, it is become apparent that the potential development and anthropogaiic influence in this area can proceed in such a way as to minimize the long-term impact. / I believe my previous experience as a member of the South Burlington Natural Resource Committee in Vermont combined with my long-standing interest in preservmg the natural landscape qualifies me to serve on die Conservation Board in the Town of Ithaca. I feel that I can be an added resource to this board and hope that my experiences can add to the preservation of the environment in the Town of Ithaca. Sincerely, Chris Benedict 1571SLATERVILLE ROAD, ITHACA, NY 14850 s PHONE 607-288-4087 E-MAIL CAB223@CORNELL.EDU ^ Christopher A. Benedict Education University of Vermont Burlington, Vermont Master of Science Degree: Plant and Soil Science Focus: Integrated Pest Management University of Vermont Burlington, Vermont Bachelor of Science Degree: Plant and Soil Science Focus: Sustainable Agriculture Professional Experience Cornell University Ithaca, New York Research Support Specialist JI Involved in research trials that focus on weed ecology and management in commercial fruit and vegetable production. Manage a variety of datasets, analyzed data for publication, and prepared manuscripts for peer- reviewed publication. Both wrote and edited grants for a variety of research areas pertaining to weed ecology and management in commercial agricultural production. Directly supervised a group of five to ten people throughout the year. University of Vermont Burlington, Vermont Teaching Assistant (Ecological Fruit Management) Acted as the primary teaching assistant in an upper-level fruit management course that covered a wide variety of topics focused on the production of tree and small fruit. Assisted with cotirse design and instruction to ensure that students were exposed to commercial production characteristics and factors. r ^ ( Tnwn Engineer's Report for 7/24/2006 Town Board Meeting ^ giARTH FILL PERMITS No Fill permits were issued in June 2006. WATER PROJECTS East Hill Transmission Main and Storage Tank Work on the tank structure is complete and Tank has been cleaned, disinfected and filled with water, prior. Tank backfill and site restoration is scheduled for completion by the end of August The project is a SCLIWC funded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services with reimbursement firom the Comimssion. Tnimansburg Road Water Tank The Tank has been drained and R. DeVincentis Inc., the Contractor, has started work on the outside of the tank. The tank will be off line while the interior is cleaned, recoated and disinfected. During that period of time water will be supplied to the service area firom the 1 million gallon tank located on the Eco-Village property with water pressure maintained by a control valve. /^*^Trumansburg Road Water Main Improvements Planning and survey work is underway for a capital project to replace the 80-year-old, 6-inch cast iron water TnaiTij which serves Tnimansburg Road firom the city line to Hams Dates drive. This project has been on the capital plan for construction in 2007, but may be rescheduled for later this year. SEWER PROJECTS lAWWTF Phosphorus Removal Project The Town Engineer has been participating in meetings with the contractor and Steams and Wheler to attempt to negotiate a settlement. Joint Interceptor Sewer Projects The First Street Interceptor constmction is continuing on Aurora Street and will affect traffic at Town Hall for the next several weeks. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that is being collected by the engineering interns is being processed and developed into a stormwater model for the Town. ^ As the Planning Board reviews subdivisions and Site Plans, Storm Water Management Facilities are very often required to meet Town Environmental Regulations and New York State Stormwater Regulations. These have been dealt with on a case-by-case basis with the landownCTS having operation and maintenance responsibilities, and the Town entering into agreements to monitor the facilities and act in emergency situations. The Staff and Town Attomey have developed a standard model stormwater facilities maintenance agreement and will be introducing the document at the July Board meeting. TOWN ENGINEERS REPORT 7/24/2006 ^ , N The Town Public Works, Engineering and Planning staff have been working on the stormwater management plan for the Town with the intention to consolidate and clarify the requirements for stormwater management in the Town Code. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which is continuing to work on drafting an intermunicipal agreement to formalize the group. Northeast Development of the drainage plan is continuing with an initial concentration of the Salem Drive area and the Hanshaw Road drainage system. Drainage improvements are being coordinated with the County plan for reconstruction of Hanshaw Road. The preliminary subdivision plan for the completion of the Briarwood subdivision includes stormwater management controls to reduce the impact of stormwater in the area. DEVELOPMENT REVIEW CAVUGA MEDICAL CENTER i \ Engmeering staff is monitoring the sediment and erosion control practices. ' ^ WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase n improvements is substantially complete. The Town is working with the developer to complete aspects of the stormwater management system, which protects properties down stream of the development. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. Several details the plan which includes detention located on several of the lots is being modified to better fit the topograp and siting of the individual houses. ^ ^ Town Engineer's Report July 24,2006 Daniel R. Walker Page 2 7/12/2006 OWN ENGINEERS REPORT 7/24/2006 f OVERLOOK ON THE WEST HILL Site work is substantially complete for Phase lb including stormwater detention, mass grading, and relocation of the water main and sewer improvements. The Engineering staff is monitoring the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION Demolition of the old Biggs A building has been underway through Jime. The on site hard fill disposal area has been prepared by installing the required sediment and erosion control measures and placement of hard fill has begun, and is being monitored by the Engineering Department. Tovm Engineei's Report July 24,2006 Daniel R Walker Page 3 7/12/2006 July 24, 2006 Town Board Meeting TOWN CLERK'S MONTHLY REPORT ATTACHMENT §12 JUNE, 2006TOWN OF ITHACA, NEW YORK 'i THE SUPERVISOR: PAGE 1 ^ aant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received I ^e in connection with my office during the month stated above, excepting only such fees and moneys the application ariu payment of which are otherwise provided for by Law: A1255 ^9 _4 _2 _3 7 MARRIAGE LICENSES NO. 06044 TO 06062 MISC. COPIES SIGN ORDINANCE TAX SEARCH ZONING MAP MARRIAGE TRANSCRIPT TOTAL TOWN CLERK FEES 332.50 26.35 3.00 15.00 0.25 70.00 447.10 A1557 SPCA IMPOUND FEES TOTAL A1557 60.00 60.00 A2544 DOG LICENSES TOTAL A2544 735.35 735.35 16 _6 _3 _6 _2 2 BUILDING PERMIT BUILDING PERMIT EXTENSIN CERTIFICATE OF OCCUPANCY FIRE SAFETY INSPECTIONS SIGN PERMITS ZONING BOARD MTG TEMP CERTIFICATE OCCUP OPERATING PERMIT TOTAL B2110 3,470.00 662.50 100.00 150.00 68.00 600.00 1,600.00 100.00 6,750.50 62115 SITE PLAN INIT. APL. FEE SITE PLAN FINAL PLAN SPECIAL PERMITS TOTAL 82115 100.00 500.00 100.00 700.00 TOWN CLERK'S MONTHLY REPORT ^ - JUNE, 2006 ; page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 1,242.45 PAID TO SUPERVISOR FOR PART TOWN FUND 7,450.50 PAID TO COUNTY TREASURER FOR DOG LICENSES 138.65 PAID TO AG & MARKETS FOR DOG LICENSES 30.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 427.50 TOTAL DISBURSEMENTS 9,289.10 \ I \ C2£JULY 5,2006 ^ SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, exceptingonly such Fees the application and payment of which are otherwise proyidedjnr l^law. Subscribed and sworn to before me this \iLQ-(T \\i^\ lArJ. . Town Clerk day of 20 ^ Notary Public CARRIE WHITMORE Notary Public. State of New York No. 01WH6052877 Tioga County Commission Expires December 26, TOWN OF ITHACA BUDGET AMENDMENT WORKSHEET FOR 2006 COMMUNITY and YOUTH PROGRAMMING ACCOUNT PROGRAM DESCRIPTION TOWN COUNTY TOWN CODE ADOPTED ADOPTED BUDGET BUDGET BUDGET CHANGE 2006 2006 2006 INC (DEC) A7320.403 WORKFORCE NEW YORK $4,530.00 $2,265.00 $(2,265.00) A7320.404 CODDINGTON RD CC SUMMER CAMPS 11,600.00 11,600.00 - A7320.405 COOPERATIVE EXTENSION 23,485.00 24,523.00 1,038.00 A7320.406 LEARNING WEB/ YOUTH WORKS 55,680.00 57,000.00 1,320.00 A7020.105 YOUTH EMPLOYMENT PROGRAM 4,893.75 5,318.00 424.25 A7020.106 YOUTH CORE 6,692.00 7,941.00 1,249.00 A7320.407 FLOATING CLASSROOM -750.00 750.00 TOTAL $106,880.75 $109.397.00 $2,516.25 BUDGET JOURNAL GENERAL TOWNWIDE FUND ENTRY NO. 1 ACCOUNT ACCOUNT CODE DESCRIPTION A599 APPROPRIATED FUND BALANCE A7320.403 WORKFORCE NEW YORK A7320.405 COOPERATIVE EXTENSION A7320.406 LEARNING WEB/ YOUTH WORKS A7020.105 YOUTH EMPLOYMENT PROGRAM A7020.106 YOUTH GORE A7320.407 FLOATING CLASSROOM DEBIT 2,516.25 2,265.00 CREDIT 4,781.25 1,038.00 1,320.00 424.25 1,249.00 750.00 4,781.25 Page 1 of 1 TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.I.C.P. (607) 25^1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for July 24. 2006 Town Board Meeting DEVELOPMENT REVIEW June 6. 2006 Planning Board Meeting: Cornell University T-GEIS: The Planning Board heard an update regarding the Cornell Transportation-focused Generic Environmental Impact Statement (T-GEIS) corridor and neighborhood analyses and summary of recent public outreach efforts. Holtz/City of Ithaca 2-Lot Subdivision, 1517-1 Slaterville Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 1517-1 Slaterville Road, Town of Ithaca Tax Parcel No. 58-1-32.1, Medium Density Residential and ^ Conservation Zones. The proposal is to subdivide off a 0.925-acre parcel from the southwestern end of the +/- 4.332-acre parcel, which will then be consolidated with City of Ithaca Watershed lands. Corwin & Deborah Holtz, Owners/Applicants. \ Moore Dock and Boat Lift, 1028 East Shore Drive: The Planning Board granted Site Plan and Special Permit Modifications for the previously approved plan for a dock, boatlift, mooring, and rip rap at 1028 East Shore Drive (NYS Route 34), Town of Ithaca Tax Parcel No. 19-2-16, Lakefront Residential Zone. The proposal involves moving the proposed dock and proposed boatlift +/- 7 feet southward, shortening the proposed dock extension from +/- 15 feet to +/- 10 feet long, and removing the originally proposed mooring from the site plan. This is a request for modification of the approval granted by the Planning Board on February 7, 2006. Timothy Moore and Michael Moore, Owners/Applicants. Sokoloff Dock, 1126 East Shore Drive: The Planning Board granted Site Plan and Special Permit Modifications for the previously approved plan for a dock at 1126 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-5.2, Lakefront Residential Zone. The proposal involves moving the previously approved dock approximately 30 feet northward, with no other changes proposed. This is a request for modification of the approval granted by the Planning Board on March 7, 2006. Jason Sokoloff, Owner/Applicant. June 20. 2006 Planning Board Meeting: Duffy 3-Lot Subdivision, 1301 and 1305 Hanshaw Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3-lot subdivision located at 1301 & 1305 Hanshaw Road, Town of Ithaca Tax Parcel No.'s 70-12-1 & 70-12-2.2, Medium Density '' N Residential Zone. The proposal involves subdividing off the southern portions of the two existing own i^lmac^Vmnmglftfector s My 24, 2006 Town Board Meeting lots to create one new +/- 1.6-acre lot (Parcel C) located on Warren Road, and modifying the / location of the lot line between Parcels A & B. Gary & Donna Duffy, Owners/Applicants. Ceres Gardens, 1080 Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Ceres Gardens located at 1080 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 39-1-17, Neighborhood Commercial Zone. The proposal involves converting the former garage building into a farm stand and nursery retail business. Changes include painting the building, adding an awning, converting one overhead door to a standard door, regrading the parking area, and other site improvements. Joseph M. & Maria L. Salino, Owners/Applicants; Lawrence A. Berger, Lama Real Estate, Agent. Briarwood 50-Lot Subdivision, Sanctuary Drive, Birchwood Drive North, and Birchwood Drive: The Planning Board issued a Negative Declaration of Environmental Significance regarding the proposed 50-lot subdivision located along new extensions to Sanctuary Drive, Birchwood Drive North, and Birchwood Drive, Town of Ithaca Tax Parcel No.'s 70-10-3.5 and 73-1-8.22, Medium Density Residential Zone. The proposal includes subdividing the +/- 47.5 acres into 47 residential parcels (averaging 0.4 acres in size) with two parcels totaling approximately 25 acres to be donated to the Cornell Lab of Ornithology, and one small parcel to be added to the Salem Drive Park. The proposal involves connecting Sanctuary Drive with Birchwood Drive North, and connecting Birchwood Drive with Sapsucker Woods Road. The project also includes the development of new stormwater management facilities and walkways. The project is anticipated to be completed over a ^ 10-year period and result in a development of one and two-family dwellings. Rocco Lucente, Owner/Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. The public hearing regarding ' Preliminary Subdivision Approval for the above-described proposal was re-scheduled to July 18, 2006 (due to the lack of time at this meeting). Reviews for Zoning Board: Four applications for the Zoning Board were processed since the June report as follows: June 19, 2006 Meeting: (1) Sign variances were granted for the placement of a 38.5 +/- square foot illuminated freestanding sign at the entrance of 395 Pine Tree Road and another 25 +/- square foot illuminated freestanding sign approximately 750 feet into the site. Low Density Residential Zone, Cornell University, Appellant, Herman Sieverding, Agent; (2) area and height variances were granted for replacement of an existing 240 +/- square foot garage and construction of a 330 +/- square foot addition on a residence located at 220 Forest Home Drive, Medium Density Residential Zone, Mary D. Howard, Appellant; (3) a modification of a previously approved variance was granted for a change in location of a proposed dock located at 1126 East Shore Drive, Lakefront Residential Zone, Jason Sokoloff, Appellant; and (4) Side yard setback variance was granted to replace an existing single-family home at 985 Taughannock Boulevard, Lakefront Residential Zone, Julie Crowley and Lisa Kerslake, Appellants. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee ("COO: The Committee met on June 21, 2006 to discuss fitly 24, 2006 Town Board MeMO^g proposed amendments to the Zoning Code to permit freestanding solar collectors, an update regarding the review of dock regulations, and a final review of the proposed Outdoor Lighting Law. The next COG meeting is scheduled for July 19, 2006. Tentative agenda items include continuation of consideration of amendments to the Zoning Code to allow free-standing solar collectors, report regarding review of dock regulations, and initiation of discussion regarding possible wind tower regulations. Transportation Committee: The Committee met on June 15, 2006 to discuss the results of the third public information meeting that was held on May 18, 2006, identification of remaining issues to address in the Transportation Plan, and next steps and timeframe for adoption of the Plan. The next Committee meeting is scheduled for Thursday, July 27, 2006 at 3:00 p.m. to review and discuss the complete draft Transportation Plan. The full draft Plan is available on the Town's website. Conservation Board: A meeting was held on July 6, 2006. Agenda items included reports and updates of committees, discussion regarding possible purchase of development rights (PDR) program for environmentally sensitive/significant lands, and an update on Town trail projects and future plans. The August meeting was cancelled, so the next meeting is tentatively scheduled for September 7, 2006. ITCTC Planning and Policy Committees: The Ithaca-Tompkins County Transportation Council (ITCTC) Planning and Policy Committees met on June 20, 2006 at a joint meeting. Agenda items included a report on the upcoming Transportation Enhancement Program grant application process, several minor work program/budget amendments (regarding an adjustment in transit funding available from the Federal government), and approval of the annual self-certification (a requirement of all MPO's). Agricultural Land Preservation Program: Planning staff completed and submitted a grant application for submission to the NYS Department of Agriculture and Markets grant program for acquisition of an agricultural conservation easement. Northeast Walkabilitv Study - Steering Committee: Several Town representatives, including Peter Stein, Pat Leary, Jonathan Kanter and Nicole Tedesco, attended the first meeting of the Steering Committee to discuss the project scope and timeframe for the Northeast Walkability Study on June 14, 2006, sponsored by the Tompkins County Planning Department under a federal grant program. The Study will include an inventory of existing conditions in the Northeast area, bounded by Sapsucker Woods Road on the east. Uptown Road (Vil. of Lansing boundary) on the north, Triphammer Road on the west, and Hanshaw Road on the south regarding the pedestrian environment. It will also include the development of a resident survey to evaluate the walkability of the area and a GIS database and assessment tool. A walking survey of the area was scheduled for July 26, 2006. Affordable Housing: Several initiatives regarding affordable housing are now in process in which Town representatives are participating. First is research being conducted by the Planning Intern recently hired by the Town, which involves collection of information regarding what other areas are doing to encourage affordable housing, as well as a review and analysis of the recently completed draft Housing Needs Study (Tompkins County Planning Department) and what the results of that study specifically mean for the Town of Ithaca. The other initiative is the meeting sponsored by the Mayor of the City of Ithaca held on June 23, 2006, at which a wide range of participants from to owM of Ithaca Plammgtiu^ctor V Keporf^"'^ 1 J/«/y 24, 2006 Town Board Meeting ! ^hEBBBsSS£=£gnilSB!si=as=deK!£i£!SaaillllllBi9aassssai>iMHeseasss^^ housing groups, municipal and County governments, businesses, etc., was assembled to discuss the issues regarding the need for more affordable housing in Tompkins County. This group agreed to meet again to continue discussion, and has the potential to evolve into an ongoing task force to work on joint solutions to this area-wide problem. Storm Water Management Workshop: Staff attended this workshop sponsored by the MOA Planning Coalition and the NYS Dept. of Environmental Conservation regarding the new storm water construction permit regulations and requirements. Materials are available in the Planning Department for review. Economic Development Strateev for Tompkins Countv: The new Economic Development Collaborative met on July 17, 2006 to discuss the draft 2006 Economic Development Strategy for Tompkins County and what the structure and roles of the Collaborative could be. This is an extension of the Economic Development Strategy Coordinating Committee that has been meeting quarterly since 1999. The draft Economic Development Strategy along with a draft resolution supporting the concept of the Collaborative will be forwarded to the Town Board for consideration probably at the September 11*^ meeting. TOWN OF ITHACA Public Works Department's Monthly Board Report May for the July 24,2006 Meeting ROADS: * Completed installation of shoulders on Christopher Lane and Muriel Street. Lawn restorations were also completed on both roads. * Roadside mowing was continued town-wide. Also, we weed whacked under and behind guide rails on W. King Road, Sand Bank Road, Stone Quarry Road, and Bums Road. * The crews cleaned under and behind guide rail on Elm Street Ext. so that water would mn off the road more efficiently. The ditches were cleared and hydroseeded. * Signs were replaced and installed throughout the town. Crosswalk signs were installed on Summerhill Lane. * Re-established ditches on Southwoods Drive, Eldridge Circle, and Old Gorge Road. * Other ditching projects included Culver Road, Max's Drive, Game Farm Road, and Sand Bank Road. * Cleaned catch basins and blocked culverts town-wide between heavy rain events. * Replaced catch basin at the intersection of Haller Boulevard and Elm Street. * We hired Rick Sears of Wood Waste Reduction Services in Glens Falls to grind up our bmsh pile. We had time to re-grind those grindings and our wood chip pile to make higher quality ^ ^ mulch for use in our landscaping projects. PARKS: We began construction of the pavilion at Tutelo Park. We rented a power screen to mix the infield material for the ball field. We also screened topsoil, creek gravel, and asphalt grindings to use as shoulder material. Painting of the comfort station interior and exterior continues at Tutelo Park. Installed bumper stops for parking spaces and laid out the striping. Worked at the creek crossing on the Pew trail project. Final grading of the Raffensberger gazebo site. Grounds maintenance at all sites. Planted annuals at Town Hall and East Shore Park flowerbeds. Jeff Hulbert, Monty Mouillesseaux, and Toby Brown attended a ball field management seminar sponsored by Northern Nurseries held at the Auburn High School. Jeremy Clark, Youth Corps Supervisor, toured work sites with Parks Manager to plan his projects. ^ATER: * Regular water pump station inspections were conducted. * Used trailer mounted vacuum to clean out water valves. * Inspection of the new East Hill water tank continued. * Reviewed plans and specifications for proposed development projects in the Town—water, sewer, and roads. ^ SEWER: ^ Continued regular inspections of sewer pump stations. ^ Cleaned out sewer blockages on Troy Road, Mecklenburg Road, and Slaterville Road. ^ Checked sewer manholes for water infiltration and grouted as required. ^ Continued Dig Safely New York mark outs for town sewer. ^ Inspected the new sewer main being constructed on Forest Home Drive for Cornell Plantations. Projects for July: Install shoulders on roads paved this year. Y Continue construction of Pew Trail. Tutelo Park: Finish details on pavilion, stripe parking lot, and install split rail fence along church's property. Summer Youth Corps begins July 5 and goes until August 11. Install storm water management drainage on a portion of Ridgecrest Road. ^ Finish Raffensberger pavilion installation, including planting (75) shrubs and mounting a commerative plaque prior to the July 28*^ dedication ceremony. Hot patching. Y DitcMng on Game Farm Road and Whitetail Drive. ^ ^ Inspections and DSNY mark outs. / . Regular Meeting of the Ithaca Town Board, July 24,2006 Human Resources Report for June, 2006 Personnel Committee: The committee of Peter, Jeff, Cathy and I met three times in June. At the committee's first meeting the committee will review the current Job Classification and salary scale, the positions listed with Civil service and the process for determining which classification a position is put in. The committee also discussed that positions to be filled should be brought before the committee for discussion. The second meeting was later that week because John Coakley, Deputy Town Clerk resigned and we wanted to move forward with filling the position. Tee Ann Hunter, Town Clerk, requested from the Personnel Committee that the position be filled at full time versus the 30 hours part time that it currently was. The committee denied this request. The Third meeting was held to inform the committee about the recruit for the Deputy Town Clerk vacant position; discuss the 5-year analysis of personnel and benefit costs, and discussed a recommendation for the 2007 wage scale. Supervisor Valentino recommended a 4% increase to the wage scale, and Councilman Stein recommended a 3.5% increase to the wage scale. After a long ^ debate Councilman Cowie recommended a compromise at 3.6%, which was agreed to by Councilman Stein. Safetv Committee: The committee met in June to discuss accidents, training and building safety evaluations. See attached draft minutes from the meeting. Policv and Protocol Committee: The manual has been printed for each Board member, Board room and for the attorneys for the town. Training and Development: Supervisor Valentino and I attended the first annual Diversity Conference held by the Diversity Consortium of Tompkins County and Society for Human Resource Management of Tompkins County on June 1®^ The focus of the conference was on diversity and inclusion in the community. I have been attending meetings regarding the Brainteaser program that is ran in collaboration with the City of Ithaca and Tompkins County. The program will be offered again in the fall. I attended the national Society for Human Resource Management Conference in Washington D.C. The conference was great and especially since one entire day ' was devoted to HR in the public sector. Personnel - Civil Service: Hank Yolman, Laborer, began work on June 19"^. Tee Ann Hunter, Town Clerk, and I recruited and interviewed to fill the Deputy Town Clerk position. Kristin Burgos will be starting with the Town July 17, 2006. Commercial Insurance (Ithaca Aaencv - Selective Insurance Companv): In the June report I explained that there was an accident involving two town trucks and two other vehicles. The result of that accident is that one of our trucks was totaled and the town received $35,900 as actual cash value. The second truck had less damage amounting to under $3,000 and was repaired in house. The other two vehicles have been repaired under our insurance. The injured passenger in the first vehicle has made a notice of claim for personal injury. Workers' Compensation (Public Emplovers Risk Management Assoc - PERMA): There were two accidents reported in June. One involved a muscle strain to the neck, which resulted in 3 days away from work. The second involved a twisted knee, which resulted in 11 days of light duty. / Disabilitv Insurance: Betty Poole, Court Clerk, has been removed from work for further medical treatment. She is expected to return after 4-5 weeks off. ^ Unemplovment Insurance: There is currently two people claiming. Submitted By: Judith C. Drake, PHR, Human Resources Manager ; I f S Building and Zoning Monthly Report 6/1/06 Until 6/30/06 , Building Permits W# Date 6615 6/1/2006 6608 6/1/2006 6609 6/1/2006 6619 6/2/2006 6618 61212006 6620 6/6/2006 6624 6/8/2006 6625 6/9/2006 6627 6/9/2006 Value Description $3,690.00 Replace existing brick chimney 6614 6/1/2006 $23,174.00 Replace portion of roof covering 6613 6/1/2006 $26,933.00 Replace portion of roof covering 6612 6/1/2006 $30,562.00 Replace portion of roof covering 6611 6/1/2006 $22,339.00 Replace portion of roof covering 6610 6/1/2006 $19,613.00 Replace portion of roof covering 6607 6/1/2006 $15,000.00 Remodel kitchen $50,000.00 Create new entrance to 185A $14,000.00 Enlarge and enclose office #235 6617 6/1/2006 $4,500.00 New deck $19,003.00 Bathroom remodel of new toilet and lav installation $150,000.00 Addition and renovate interior $698,600.00 8 unit multiple dwelling 6621 6/6/2006 $698,600.00 8 unit multiple dwelling 6622 6/6/2006 $5,000.00 12 x 20 deck 6623 6/8/2006 $5,500.00 Tear off and reroof existing structure $6,500.00 Tear off and reroof existing structure $6,900.00 Renovate B-10 office and build storage closet $200,000.00 Convert 4 rooms into one large classroom fee $35.00 $70.00 $70.00 $100.00 $70.00 $60.00 $60.00 $200.00 category renovations to residential renovations to residential renovations to residential renovations to residential renovations to residentiai renovations to residential renovations to residential business $60.00 business $35.00 $60.00 $350.00 $1,000.00 $1,000.00 $35.00 $45.00 $45.00 $45.00 renovations to residential renovations to residential additions to residential new multiple residences new multiple residences additions to residential renovations to residential renovations to residential business $550.00 business Thursday, July 06,2006 Page 1 Building and Zoning Monthly Report 6/1/06 Until 6/30/06 6626 6/9/2006 $185,000.00 Renovate second floor lobby $550.00 business 6629 6/9/2006 $2,200.00 Reroof existing structure $25.00 renovations to residential 6630 6/12/2006 $2,800.00 Demolish pool and poolhouse $35.00 miscellaneous 6631 6/12/2006 $1,298,500.00 New plant production facility $2,000.00 business 6632 6/14/2006 $20,126.00 Renovate postal area and create new customer counter $70.00 business 6633 6/16/2006 $7,500,000.00 New 57,600 square foot office building $6,000.00 business 6633 6/16/2006 $7,500,000.00 New 57,600 square foot office building $6,000.00 business 6638 6/19/2006 $698,600.00 8 unit multiple dwelling $1,000.00 new multiple residences 6637 6/19/2006 $698,600.00 8 unit multiple dwelling $1,000.00 new multiple residences 6635 6/19/2006 $698,600.00 8 unit multiple dwelling $1,000.00 new multiple residences 6636 6/19/2006 $698,600.00 8 unit multiple dwelling $1,000.00 new multiple residences 6634 6/19/2006 $698,600.00 8 unit multiple dwelling $1,000.00 new multiple residences 6639 6/20/2006 $7,500.00 Covered porch addition $45.00 additions to residential 6640 6/20/2006 $2,431.00 Install wood stove $25.00 renovations to residential 6641 6/22/2006 $320,000.00 Private road, parking, site work $700.00 miscellaneous 6642 6/23/2006 $370,000.00 New 4 bedroom, single-family home with attached 3 car garage $700.00 new single-family homes 6643 6/26/2006 $18,000.00 530 square foot dock that is not more than 60 ft long $60.00 miscellaneous Totals 1 $22,719,471.00 | IS)pi o o b o 1 Thursday, July 06. 2006 Page 2 / Building and Zoning Monthly Report 6/1/06 Until 6/30/06 BP#Address Description CO Temp 6274 318 Old Gorge Rd New 4 b^room single-family home with attached 3 bay garage 6/1/2006 □ 6563 237 Coddington Rd Tear-off and replace roof cover 6/1/2006 □ 6564 239 Coddingtcn Rd Tear-off and replace roof cover 6/1/2006 □ 6298 131 West Hill Cir 8 unit multiple residence building and associated site work 6/1/2006 0 6299 141 West Hill Cir 8 unit multiple residence building and associated site work 6/2/2006 0 6300 151 West Hill Cir 8 unit multiple residence building and associated site work 6/2/2006 0 6318 30 Renwick Heights Rd Repair/replace carport foundation and stairs 6/5/2006 □ 6583 202 Winston Dr Reroof house 6/6/2006 □ 6086 1154 Danby Rd Convert storage building into 3 unit residential occupancy 6/9/2006 □ 6629 120 Pine Tree Rd Reroof existing structure 6/16/2006 □ 6623 202 Pine Tree Rd Tear off and reroof existing structure 6/16/2006 □ 6597 149 Honness Ln Install local multiple-station alarm system 6/16/2006 □ 6326 09 Schickel Rd New 4 bedroom house with attached garage 6/16/2006 □ 6291 125 Christopher Cir Rebuild and extend basement entry 6/16/2006 □ 6436 105 Landmark Dr Finish partially finished basement 6/20/2006 □ 6343 950 Danby Rd 1,588 square foot lab simulation center 6/20/2006 □ 6354 218 Eastern Heights Dr Tear off and reroof 6/20/2006 □ 6259 201 Woodgate Ln Repair fire damage and upgrade fire separation 6/21/2006 □ 6330 04 Chase Ln Install inground pool and fence 6/21/2006 □ 6587 1446 Hanshaw Rd Remodel kitchen 6/29/2006 □ Thursday. July 06,2006 Page 3 Building and Zoning Monthly Report 6/1/06 Until 6/30/06 6615 209 Roat St Replace existing brick chimney 6/29/2006 □ 6037 220 Tareyton Dr Demolish & rebuild fire damaged 4 unit residence 6/30/2006 □ 6528 167-7 Calkins Rd 632 square foot addition and carport 6/30/2006 □ Complaints Date Address Complaint Type Disposition 6/5/2006 237 Troy Rd correspondence Other 6/7/2006 162 King Rd E property maintenance No Violation Found 6/6/2006 144 Northview Rd building code Pending 6/9/2006 9 Candlewyck Dr No BP Issued Other 6/20/2006 107 Maplewood Dr correspondence Other 6/20/2006 1010 Ellis Hollow Rd building code Abated 6/20/2006 131 Honness Lxi building code Pending 6/16/2006 904 East Shore Dr building code Pending 6/16/2006 107 Pine Tree Rd property maintenance Pending 6/14/2006 1471 Slaterville Rd property maintenance Pending 6/23/2006 correspondence Other Existing Building CO Field Visits Building Code Complaint/Investigation Fire Safety Fire Emergency Total 98 8 6 0 112 Thursday, July 06, 2006 07/05/2006 Qfc57:34/^^ ) TOWN OF ITHACA B2110-B2110 Transaction Report For the period 06/01/2006 through 06/30/2006 T -ype Date Comment Name Quantity Fee B2110 45.001. BP 06/01/2006 39.-1-18 TORCHIA, PETER 1 2. BP 06/01/2006 58.-2-10 COOKE, JOHN AND BETH GERRARD 1 200.00 3. BP 06102/2006 41.-1-30.2 ITHACA COLLEGE 1 70.00 4. BP 06/06/2006 60.-1-11.1 ZORN, JEFF 1 35.00 5. BP 06/06/2006 58.-2-20 VALENTINE, DEB 1 25.00 6. BP 06/07/2006 70.-11-24 BARLOW, STAN 1 45.00 7. BP 06/08/2006 43.-2-10 NAMGYAL MONASTERY 1 700.00 8. BP 06/12/2006 60.-1-11.1 ZORN, JEFF 1 10.00 9. BP 06/13/2006 56.-3-25 GRAHAM, WILFRED I 25.00 10. BP 06/14/2006 41.-1-30.2 ITHACA COLLEGE 1 45.00 11. BP 06/14/2006 56.-3-26.5 FLATT, SCOTT 1 550.00 12. BP 0612212006 28.-1-34.34 HART, PAUL 1 60.00 13. BP 06/26/2006 56.-3-13.3 ZAGER, JOANNE 1 550.00 14. BP 06/29/2006 66.-2-9 HOWARD, MARY 1 350.00 15. BP 06/30/2006 56.-4-1.25 WIEDMAIER, GEORGE 1 700.00 16. BP 06/30/2006 19.-2-5.2 SOKOLOFF, JASON 1 60.00 16 3,470.00 17 ?E 06/02/2006 70.-10-19 LUCENTE, ROCCO 1 75.00 IF *E 06/05/2006 43.-2-8 SPRINGWOOD TOWNHOMES LLC 1 137.50 19. uPE 06/09/2006 46.-1-15.13 SOUTHWOODS 1 175.00 20. BPE 21. BPE 22. BPE 06/12/2006 06/21/2006 06/21/2006 45.-1-23 36.-2-3.21 70.-12-7 ASSOCIATES CLAVEL, THOMAS WESTVIEW PARTNERS BARRERO, BENIGNO 137.50 87.50 50.00 23. CO 06/26/2006 70.-10-1.36 HARRIS BEACH LLP 662.50 100.00 24. FSI 25. FSI 26. FSI 06/02/2006 06/07/2006 06/20/2006 56.-2-2 36.-1-4.2 47.-2-6.31 SIX MILE CREEK WINERY LA TOURELLE STOLL, AMY D. 100.00 50.00 50.00 50.00 27. OP 28. OP 06/08/2006 06/12/2006 40.-3-6 BUTTERMILK APTS GRAY, ERIK AND JULIA LA TOURELLE 150.00 50.00 50.00 29. SP 06/29/2006 24.-4-14.23 OVERLOOK 100.00 68.00 30^^O 31 ::o 06/01/2006 06/07/2006 24.-4-14.23 36.-1-4.2 OVERLOOK LA TOURELLE 68.00 1,500.00 100.00 32. -BM 33. ZBM 34. ZBM 35. ZBM 06/05/2006 06/05/2006 06/06/2006 06/07/2006 42.-1-9.63 21.-1-28 54.-7-2, -4 19.-2-5.2 HILKER, HENRY SOKOLOFF, JASON lACOVELLI, ORLANDO SOKOLOFF, JASON 1,600.00 100.00 100.00 200.00 100.00 Pa^e: 1 Type Date Comment 36. ZBM 06/29/2006 23.-1-27 Name DOLPH, LINNA Quantity 1 Fee 100 600 Total Sales 37 6,75(f * I i I t ' \ Page: 2 DRAFT DRAFT ^ TOWN OF ITHACA , ^ Safety Committee June 2,2006,8:00 a.m. Public Works Facility Present: Fred Noteboom, Creig Hebdon, Kristie Rice, Judy Drake, Jon Munson, and Dave Boyes, Start: 8:04 a.m. The minutes from the last meeting were approved. New Emplovee Orientation After looking at the New Employee Orientation sheets, the Committee decided to put a narrative with each section. Currently, when an Engineering intern starts, Creig Hebdon sits down with them and goes over the following: Traffic control, personnel protective equipment, cone set up, ^ the temporary employees manual, tours the building, and watches safety videos. I N The Planning interns are giving a tour of the building and shown the fire evacuation schedule. We will make up a "sign off" sheet for the interns at Town Hall, similar to the Public Works sheet. We will add something to the sheets regarding the last day and getting PPE back, etc. Ergonomics Study for Public Works Emplovees The Committee reviewed the report from Greg Shaw and decided there would be no real benefit to having him come back. The Committee did discussion that it would be nice if handles could be put on the leaf boxes. They are very high and hard to get up to the top. It was brought to the attention of the Committee, that there are a lot of things that need ^ to be fbced that go unnoticed. The Committee discussed that the Public Works / Department might want to start having a monthly meeting with all staff to discuss these DRAFT DRAFT things or we should make it clear that employees should report them to a Working Supervisor. Fred Noteboom said that he would be talking to the employees about the excessive use of cell phone during work hours. We all use them for work purposes, but the personal calls are getting out of hand. Creig and Kristie Rice have been working on the Town HalTs building inspection check list. Judy Drake said that she might be able to get a grant for defensive Driver's courses. She will talk to Gail to get cost estimates. Judy also said that the Town will start conducting physicals on new employees (Laborer for Public Works). Workers' Compensation carrier strongly recommends this for physical demanding positions. Creig said that we should talk to Cornell Coop. Ext. and have a nutritionist at the Town's wellness fair. There have been several accidents to talk about and the Committee felt that we need to convey to the employees that if there is an accident, larger or small, it should be brought to a Working Supervisor's attention. Again, a chain of command should be established. The next meeting will be August 4,2006. ghk n ^ f > TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water ASewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Councilperson Will Burbank, Chair Recreation & Human Services Committee Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator June 2006 Youth Employment Fifty-nine youth or caregivers have been in contact with the program seeking employment. The program has a highly successful placement rate with youth being referred to other programs (when screened as eligible), competitive opportunities (after ^ counseling and training) and community service. The Community Service aspect is new ^ \ this year. Youth 14 and 15 want to make a contribution and need some type of constmctive activity but because of various legal restrictions on what is available for them to do (They do not count as adults for summer camp ratios and they can't legally operate microwave ovens!) The Town contracts for a very popular summer community service program with the Teaming Web that targets middle school students and fills up quickly. With funding for only seven subsidized positions and 59 job seekers I have included the question, "Do you need to get paid?" when interviewing the youth to help determine which youth will be subsidized. I am also assisting with resumes and creating portfolios for the youth so they can retain and use this information when they need to enter competitive employment. These aspects have been well received by the youth and their families who will follow up letting me know when they've located something. Also new this year I'm working with several small businesses as my program is a training initiative for 100 hours and only one year. Tuming 15 even with nonprofit experience does not leap you over the age barrier but a proven employee who's trained has more assurance of being retained and/or (in summer employment) rehired. This years sites included Kids Count, Drop In Center. Lifelong, City of Ithaca (Cass Park), Cayuga Nature Center, Bookery II, the town's Building Department and Puddledockers as well as an "expanded" Youth Corps for Town Parks and Trails. The feedback conceming this program is overwhelming positive as it does take a village to raise a child. f \ Joint Youth Commission . ^ The best news is I have several parents completing community service for the Town who are interested in attending a meeting for possible appointment. Requests for proposals are out in the community and the process will be affected by the increase in minimum wage to $7.15 as priorities for funding continues to be as follows. The Joint Youth Commission has listed the following criteria as service priorities and will consider them in evaluating program proposals: * The involvement of young people in the planning, implementing and evaluating of the program. * Programs that would increase employment opportunities for youth with a focus on youth who are between the ages of 15-18 and could benefit from job seeking and on Job training assistance. * Employment training including job readiness and skill building workshops. * Community based programs during non-school hours to encourage healthy personal development and promote community involvement. Recreation Partnership '' ^ With the bylaws change and a new appointment Colleen Closture-Gray to the board the organization was able to achieve a quorum and transact business. Currently the board is dealing with the City budget request for next year and the possibility of Ulysses withdrawing. Recreation and Human Service Committee Reviewed celebrations grant awards information to move ahead with planning for the Tutelo Park opening celebration set for September 23 Noon-4. Mamie is working with a committee of local individuals including Brooke Hansen & Jack Rosen of Ithaca Colleges Native Studies Program to plan the event. The committee continues to review policy conceming facilities for board approval. t \ Related Activity The Teen Researchers completed a highly successful Open House Event, June 8, 2006. The Boardroom filled up over the course of the event to standing room only and the attendees enjoyed the event viewing the displays and engaging in conversation until almost nine! Additional brochures are available through the Town Clerks office. I completed exit interviews with the youth about the project for future use.