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HomeMy WebLinkAboutTB Minutes 2006-04-10April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Regular Meeting of the Ithaca Town Board Monday, April 10, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, New York THOSE PRESENT: Supervisor Valentino; Councilman Burbank; Councilman Engman; Councilman Stein; Councilman Stein; Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Fred Noteboom, Highway Superintendent; Daniel Walker, Director of Engineering; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager; Susan Brock, Attorney for the Town EXCUSED: Councilwoman Gittelman OTHERS PRESENT: Tim Joseph, Tompkins County Legislature; Barbara Blanchard, MEGA; Stuart Stein, MEGA; Ron Kamen, Community Energy; Brent Katzman, Conservation Board; Scott Wiggins, 967 Taughannock Boulevard; Victoria Armstrong, Black Diamond Trail Enthusiasts Network; Rosaline and Salvador Grippi, Ithaca; Wally Wiggins, 961 Taughnnock Boulevard; Sally Mennen, 997 Taughannock Boulevard; James Hamilton, Conservation Board; Ed Austen, 255 DuBois Road CALL TO ORDER Councilman Burbank called the meeting to order at 5:30 p.m. and led the assemblage in the Pledge of Allegiance Agenda item No. 3 - Report of Tompkins County Legislature Tim Joseph appeared on behalf of the County Legislature and reported as follows: The public safety communications system is making good progress. The County has completed the contract negotiations with Motorola and authorized the County Administrator to go ahead with site acquisition for the various towers, which in some cases will be leased. They have gotten a commitment from the statewide wireless network to contribute a minimum of half a million dollars a year towards the project because they will be incorporating it into their statewide network. The Ithaca College tower that had to be redesigned is now back in front of the Planning Board to get approval for the new design. Once the system is up and running it will be available for others, such as town highway departments, to use. Organizations will buy their own user equipment and be able to broadcast over the system. At the last IDA meeting, the County passed a moratorium on City density projects. The City, the County and the IDA have all been talking about changing the density policy and they've had a lengthy discussion of how to coordinate it all. What they decided was to allow the City to come up with a new proposal. They would then allow the County Committee that's looking at it to weigh in on the proposal. Then the IDA would take it up and have a public hearing on the proposed policy. In the meantime, no more projects. The County hoped to get to their part by August and requested that the City have a proposal by June. April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Councilman Burbank asked for an explanation of the density policy. Mr. Joseph told him that _ the City asked the IDA to start looking at a set of projects (Cayuga Green, Gateway, Seneca j 1 Place, the Health Club). The usual IDA projects are about job production; you build something and produce a certain number of jobs and the County will provide an abatement on condition that the developer delivers those jobs. The above mentioned projects are not about jobs, it's about location; it's an abatement in order to locate in a place that you wouldn't otherwise chose to locate because it is more expensive. One of the issues that has been raised from the beginning about the density policy is, why only the City of Ithaca. The IDA has always said they would be happy to entertain a similar proposal from anywhere else and one of the things they are looking at is writing that into the density policy. Mr. Joseph brought the Board's attention to agenda item number 35 regarding Health Department fees to Bolton Point. He reported that he had participated in several meetings between representatives of Bolton Point, City of Ithaca, and Cornell about the fees which had substantially increased a couple of years ago. Mr. Joseph stated they had several meetings and agreed they would send it back to the County's Health and Human Services Committee and were pretty confident that legally there is no problem with the fees. The fees don't even come close to covering the cost of covering the Health Department operations that are used. The issue was raised about whether it was a fair distribution between big system and little systems and the County agreed to take a look at it. It got sent to Committee. Mr. Joseph thought they took it up once, had some questions and information that they wanted, and held it over until their next meeting. The County just got word that a lawsuit has been filed and that will pretty much put an end to any consideration of lowering it on the grounds that it's not a fair or not a reasonable set of charges. If it is going to be handled in court the County will I take it out of committee and it will have to get dealt with in court. Mr. Joseph felt it would cost the parties more than it was worth. Agenda Item No. 4 - Report of Citv of Ithaca Common Council Ms. Korherr was not present for the meeting. Agenda item No, 5 - Report of Fire Commission fAttachment #1 - written report) Mr. Romanowski appeared on behalf of the Fire Commission and read his monthly report to the Board. Supervisor Valentino arrived during Mr. Romanowski's presentation. Mr. Burbank asked Mr. Romanowski to walk him through the process of implementing a system for resource recovery and a sense of what those fees would be. Mr. Romanowski told him the first thing that would have to happen is that a law enforcement entity (City Police, Sheriffs Department) would issue a citation. Once the citation is issued then the fire department would itemize the expenses for the rescue operation then the bill would be sent to the person involved or their insurance agency; in the case of a minor it would be sent to _ their parents. The Town and City of Ithaca would have to enact a local law permitting this i i practice. Mr. Burbank asked for a sense of the costs. Mr. Romanowski referred him to the ' Fire Department's submitted reports under "extraordinary expense". Mr. Romanowski thought Regular Meeting of the Ithaca Town Board Monday, April 10, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Tim Joseph 4. Report of City of Ithaca Common Council 5. Report of Fire Commission 6. 6:00 p.m. - Persons to be Heard and Board Comments 7. 6:15 p.m. - Presentation - Ron Kamen, Community Energy (Wind Power Program of Omega) 8. Consider Approval of Bid and Purchase of New 4-Wheel Drive Loader 9. Consider Approval of Bid and Purchase of New Crawler Dozer 10. Consider Approval of Bid and Purchase of New Trailer Mounted Vacuum 11. 7:00 p.m. - Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" and the Official Zoning Map to rezone certain lands along and west of Taughannock Boulevard from low density residential zone to conservation zone 12. SEQR - regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" and the Official Zoning Map to rezone certain lands along and west of Taughannock Boulevard from low density residential zone to conservation zone 13. Consider Adoption of Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" and the Official Zoning Map to rezone certain lands along and west of Taughannock Boulevard from low density residential zone to conservation zone 14. Introduction and Discussion of Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" 15. Consider Setting Public Hearing regarding Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" 16. Consider referral of proposed "Local Law Amending Chapter 270 of the Town _ of Ithaca Code Titled "Zoning" regarding Definition of Hospital and regarding I 1 Permitted Uses in Conservation Zones" to Planning Board for a recommendation 17. Consider request by Roy Luft for waiver of Zoning Board of Appeals variance application fee in conjunction with a freestanding solar panel installation, 1317 Trumansburg Road 18. Consider Abolishing Director of Building and Zoning Position 19. Consider Appointment to Records Management Advisory Board 20. Discussion of Ethics Board 21. Discussion of Fiscal Policy and Capital Project Committee Mission Statement 22. Consider Appointment of Interview Committee to Select Alternate Member to Zoning Board of Appeals 23. Consider Creation and Appointment of South Hill Citizens Committee 24. Discussion of 2006 Town Board and Departmental Priorities 25. Discussion of Ithaca Downtown Partnership 26. Consider Approval to send two Code Enforcement Officers to NFPA Training and amending the 2006 General Part Town Fund Budget 27. Discussion of Agreement to Create the Stormwater Coalition of Tompkins County 28. Discussion of Robert Freeman's June 22nd presentation 29. Consent Agenda a. Town of Ithaca Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Brush and Leaf Pick Up e. Appointment of Laborer 30. 31. 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 j. Receiver of Taxes 31. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Board Policy and Protocol d. Capital Projects and Fiscal Planning Committee e. Codes and Ordinances Committee f. Ethics Committee g. Personnel Committee h. Public Works Committee i. Recreation and Human Services Committee - Discussion j. Records Management Advisory Board k. Safety Committee I. Transportation Committee 32. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee c. Joint Youth Commission d. Lake Source Data Sharing e. Pegasus Oversight Committee f. Recreation Partnership g. Special Joint Committee (Sewer) h. Southern Cayuga Lake Intermunicipal Water Commission i. SPCA monthly report for January 2006 33. Review of Correspondence a. 2/14/2006 email from Jason Hungerford re support for marriage equality b. 3/18/2006 letter from David Mountin re application for alternate position on the Town Zoning Board of Appeals c. 3/20/2006 letter from Roy Luft re variance for photo voltaic system d. 3/21/2006 letter from Margaret DeGraff re park name e. 3/22/06 letter from Jill Cherry of Empire State Development f. 3/24/2005 letter from Patty Porter re establishment of citizen/town committee g. 3/24/2006 letter from Tompkins County Department of Planning re natural features focus area projects h. 3/30/2006 email from Paul Jennette re Waste Management Project i. 3/31/06 letter from Douglas Austic re Water Service to Edward Evans j. 3/31/06 letter from Board of Elections re new election district 34. Consider Closed Session to receive legal advise from the Attorney for the n Town ' i 35. Consider Executive Session to discuss pending litigation regarding Tompkins County Health Department charges to Southern Cayuga Lake Intermunicipal Water Commission, and proposed litigation regarding Lakeside Nursing Home and Bankruptcy 36. Consider Adjournment n April 10,2006 Regular Town Board Meeting Approved May 8, 2006 it was at least $30,000 to $40,000 worth of recoverable expenses. Mr. Burbank asked if incidents were thousands of dollars. Mr. Romanowski told him that, yes, they are. Supervisor Valentino added that it would be illegal for them to issues fees that exceed the actual cost of the rescue. Mr. Burbank stated he had some real concerns about the idea, philosophically, though he understood the practical situation the Fire Department faced and the need to find ways to discourage inappropriate behavior. Mr. Romanowski told him that the Fire Commission has been continually asked over the past 10 to 15 years to come up with ways for the Fire Department to recover funds for what it does. There are some things that are purely emergency responses that for which they would never try to recover costs. That is the cost of doing business. That's the cost of having any emergency service. However, there are some things that are causing the taxpayers to have an extraordinary amount of expense because of they do. Mr. Burbank felt it was something the Town Board would have to consider very carefully. Supervisor Valentino felt there was a very important element that the Board needs to look at. She thought where they should be recovering fees is where people have been doing something that is clearly illegal so that the fee structure would be part of discouraging people from putting themselves in harms way. Mr. Romanowski stated this is why there is the involvement of a police agency. Situations in which fees may be recovered clearly have to be something illegal. This is not something where we are going to charge somebody because they stumbled and fell on a rock; this is for a serious violation of a regulation. This is a long process, which will involve discussion with the City, the Town, the law enforcement agencies. Mr. Stein felt it was a good idea stating he thought the threshold over which they recovery costs should be reasonable high and allow for mistakes that people make or lack of judgment. Mr. Romanowski asked that Ms. Hunter copy the 2005 extraordinary expenses for review by the Board members. Agenda Item No. 6 - Persons to be Heard and Board Comments Patty Porter, Neighbors of Ithaca College Ms. Porter thanked the Board for responding to the issues regarding Ithaca College that she and her neighbors brought to the Board. She reported that she had shown the draft amendment to various members of her organization and they totally support it. She encouraged the members of the Board to vote for it. She thanked the Board Dooley Klefer, Tompklns County Legislature Ms. Kiefer told the Board that they were concerned at the County level that the Town not have things that make it particularly difficult to get renewable energy systems up and running. Ms. Valentino told her that she thought the Board supported renewable energy, but that there are some problems with the way the Town's zoning is structured. The Town is working to take care of those problems. April 10,2006 Regular Town Board Meeting Approved May 8. 2006 Agenda Item No. 7 - Presentation bv Community Energy (Attachment #2 - Community Energy PowerPoint Presentation: NYSERDA Wind Energy Project Development: Town of ithaca Current Electricity Usage Spreadsheet) Ron Kamen appeared before the Board on behalf of Community Energy. Barbara Blanchard and Stuart Stein were present on behalf of MEGA and to tell the board what MEGA would be prepared to do to support the Town's purchase of wind energy if they should chose to do that. Mr. Kamen gave a Power Point presentation to the Board describing the benefits of wind energy and how the Town might elect to purchase a portion of their electricity as wind energy. Ms. Blanchard told the Board that at their annual meeting the Municipal Energy and Gas Alliance voted on a subsidy program for towns and villages. MEGA would contribute $500 to the Town each year for a three-year period if the Town were to purchase 5% of their energy as wind power. She invited the board to contact her with questions. Mr. Kamen left a DVD with the Board for their review. Mr. Carvill brought the Board's attention to a CD provided by NYSERDA. Additional Agenda Item No. 1 — Consider Reguest of Tompkins County Board of Elections to Create a New Election District 15 fAttachment #3 - Letter from Board of Elections, proposed Election District Map, and copy of pertinent State Legislation) Democrat Election Commission Steve DeWitt appeared before the Board to request authorization to create a 15^*^ election district. He told the Board that the current election district 7 now has 1152 registered voters. Mr. DeWitt stated that according to New York State Law when an election district exceeds 1150 registered voters it must be changed. Mr. DeWitt reported having spoken with Kendal at Ithaca about their serving as a polling place and they were happy to do so. In response to questions from Supervisor Valentino, Mr. DeWitt stated that approximately 435 voters would be in the new district 15, leaving a little over 700 in district 7. Attorney Brock felt the map as presented did not clearly indicate that the district boundary line ran down the middle of the street so that individuals on one side of the street were in a different district from those on the other side of the street. There was Board discussion with Councilman Stein stating and Mr. DeWitt concurring that all district lines ran down the middle of road with the exception "the top one" which is on the Town line. Supervisor Valentino asked Mr. DeWitt if the Board of Elections would be taking responsibility for making sure that people knew where to vote. He stated they would be sending notifications through the mail. Kendal said they would make sure that everyone in Kendal got one, leaving another 100 voters outside of Kendal. The Board of Elections will communicate with them that their polling place has changed. For the people whose district will be changing. Supervisor Valentino asked that the Board of Elections do something to highlight April 10,2006 Regular Town Board Meeting Approved May 8, 2006 the change. Mr. DeWitt said their plan was to mail a letter to those people and on the outside of the letter they will put a label saying "polling place change". Attorney Brock commented that the Election Law states, "any creation or alteration of districts in any calendar year should be made on or before February 15**^". Mr. DeWitt stated that was brought to their attention ten days ago, March 31®*. Mr. DeWitt stated he saw where the question was going, whether the action is legal. He reported having spoken with the State Board of Election who said technically it is not legal and what they suggested is if the Town Board would agree, that if nobody objects, it shouldn't be an issue. They told him he would have to go in with "the eyes open that if somebody does object then you probably have to revisit the thing and revert back to where you were." Ms. Valentino stated, "or you could have a law suit" to which Mr. DeWitt respond "yes". Mr. DeWitt stated he did not see any objection at Kendal. Mr. Stein stated he couldn't imagine why the Town would violate the law. If it's against the law why doesn't the Town wait until next year and do it then? When called upon for advice, Ms. Brock stated that unfortunately she didn't know any of this was coming until she arrived at the meeting. She commented that the law says you can have up to 1150 registrants in a district excluding those in inactive status and Mr. DeWitt thinks they might be over that by two. Mr. DeWitt stated they were over two in active status. He felt the district was growing. Ms. Brock asked what happens to Mr. DeWitt if this doesn't happen this year, if the Board does this next year? Mr. DeWitt stated he'd just have to go back to Kendal and tell them to wait a year. Ms. Brock's fear was that the election is this fall and we could have several people say they didn't realize there was this change and besides the change is illegal. She thought it could create more harm than it is worth. Mr. Stein felt the conservative course was to wait until it is legal to make the change. Ms. Brock added, unless Mr. DeWitt could tell us some compelling reason to change it now. Mr. DeWitt could not other than as it relates to getting decisions made through Kendal. In response to questions from Ms. Leary, Ms. Brock stated that the time the Town Board could legally make the decision was between January 1®* and February 15**^. Mr. Burbank asked if there was any new information regarding the election machine choice. Mr. DeWitt told him that nothing has been certified as of yet and the rules and regulations for machines have not been finalized; they are supposedly very close. What is happening is that the Department of Justice is really breathing down the State Board of Elections necks, and subsequently our necks, to implement a piece meal plan this year to comply with HAVA because this year there are supposed to be new machines at every polling site. What "they" want "us" to do is to come up with a plan to try to satisfy the machines the disabled community can use. "We" told "them" at this late date the best they thought they could do is to put one machine that the disabled could use at the local Board of Elections. They put a bid out for 4 machines on that, none of them have been certified yet, and they are trying to get "us" to make a choice. Right now there are four manufacturers that say they have a handicapped unit: Evanti and Populex (neither of which Mr. DeWitt was familiar with), a phone system that a lot of people feel does not satisfy the needs of the disabled, and the April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Automark that is used with the optical scan units and has a couple of issues with the disabled community. None of them, however, have been certified. Agenda Item No. 11 - Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" and the Official Zoning Map to rezone certain lands along the west of Taughannock Boulevard from low density residential zone to conservation zone (Attachment #4 - Public comments and planning board recommendation: Map of proposed conservation zone: Local Law No. 7 of 2006) Supervisor Valentino opened the public hearing at 7:00 p.m. The hearing had been posted and published as required. Supervisor Valentino asked if there was anyone present to address the Board regarding the local law. Wally Wiggins, Taughannock Boulevard Mr. Wiggins voiced his vigorous support of the conservation zone. Scott Wiggins I've lived on Taughannock Boulevard my entire life and I believe that changing it to a conservation zone would have a tremendous amount of benefits. It is undeveloped land now and if it's allowed to be developed I think it will have some significant negative increases on the amount of traffic, the rural feel (turn tape) Victoria Armstrong (submitted copy) Ms. Armstrong appeared before the board in support of the Conservation Zoning. She is a member of a newly formed citizens group to help the Black Diamond Trail reach completion. She read the following: I also support not only this zoning change to protect the integrity of the corridor, but to any work that you will do to enhance and quickly develop the Black Diamond Trail. Ms. Armstrong stated that they are looking forward to the route to Trumansburg that is an alterative to cars and keeping the area scenic, safe and healthy. Rosalind Grippi Ms. Grippi appeared before the board in strong support of the document prepared by Planning Staff for the protection of the lake slopes. She felt the document addresses issues that were brought forth as a result of the proposed development in the late 1980s. Issues included: flooding, unstable soil, erosion, destruction of the ICQ year old forest, disruption of an important winter wildlife area of rare species of plants, and a multitude of problems and inventive solutions. Problems included: winter icing, school bus pickups, fire truck accessibility, lawn care chemicals leaching into Cayuga Lake. Ms. Grippi stated that the land does not easily accommodate development and that there is no more proper use for the land than what it presently serves. She hopes Ithaca will pass the proposed Conservation Zoning to preserve the beauty of the area for future generations. April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Supervisor Valentino thanked Ms. GrippI for the Information she sent on the chapel and the school. Brent Katzman Mr. Katzman appeared before the Town Board and Introduced himself as the Vice Chairman of the Town of Ithaca Conservation Board. He wanted the Board to know the Conservation Board thought seriously and thoughtfully about the resolution they submitted to the Town Board for consideration of the rezonlng. The SEQR prepared for the site gives all kinds of support relative to the purpose of Conservation Zones including the fact that 64% of the site is on a slope of 15 degrees or greater and highly erodable. He asked the Board to look closely at the SEQR because there is a lot of information in support of the rezonlng. Supervisor Valentino thanked Mr. Katzman for his work on the Conservation Board. Ed Austin, Dubois Road Mr. Austin appeared before the board and asked what had been done about the 60 acres that had preliminary approval for housing on it. He wondered if the project was grandfathered in under the rezonlng. Mr. Kanter answered that the project never received approvals so it would not have rights for development beyond what any other vacant property would have. Mr. Austin was under the impression the project was approved back in the late 1980s. Mr. Kanter further explained that it was one of the projects that started to go through the environmental review process and never made it through that process. Sally Mennen Ms. Mennen appeared before the board in support of the proposed Conservation Zone. She commented that recently someone cut a bunch of trees down just up the hill from her. The erosion and soil runoff issues are really difficult there. She reiterated her and her husband's support for the rezonlng. Supervisor Valentino closed the public hearing and brought the matter back to the Town Board for comments and discussion. Councilman Stein remembered something in the past where the board had changed zoning and there was already a project in process that had not received approval from the Planning Board and they received a grandfather clause with it. Mr. Kanter explained that one example was the Country Inn and Suites Hotel proposal on Danby Road. That specific project was allowed to follow the old zoning under the transition provision of the revised zoning ordinance. The transition provision allowed proposals that were already before the Town to proceed under the previous zoning. This rezoning does not have that transitional provision. Councilman Burbank thanked Ms. Ritter and others who worked on the environmental assessment form. He found it very informative and learned more about Hudson Dunkirk Soils than he ever imagined. Councilman Burbank also took note of the letter from the Cayuga Medical Center that raised a concern about the potential for future development involving April 10,2006 Regular Town Board Meeting Approved May 8, 2006 land between the existing facility and the proposed Conservation Zone. He wondered if the Board was clear that the rezoning would not put a large burden on the hospital. Mr. Kanter commented that they have had discussions with the Medical Center and their concern was if a buffer would be required from the Conservation Zone area. There is no provision in the zoning that sets a special buffer from the Conservation Zone. The Planning Board can look at the proposal and if there is a Conservation Zone on part of the property involved with the Medical Center proposal they could look at issues that are outlined in the Conservation Zone such as steep slopes, stream buffers, erodable soil, etc. Ms. Brock added that in Conservation Zoning, the maximum building area shall not exceed 10% of the lot area. The lot CMC is talking about is ICQ acres, which would allow 10 acres of development. She reminded the board that the hospital is also demolishing one of the Biggs buildings for future expansion needs. Councilman Engman read the map and it looked like the Conservation Zone was not within 700 feet of the hospital. He could not imagine they would use that much territory for future expansion even before getting to the Conservation Board so he did not feel there was much of an issue with that. Agenda Item No. 12 - SEQR - regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" and the Official Zoning Map to rezone certain lands along and west of Taughannock Boulevard from low densitv residential zone to conservation zone (Attachment #5 - SEQR) TB RESOLUTION NO. 2006-078 : SEQR: Proposed Local Law Amending Chapter 270 of the Town of Ithaca Code. Titled "Zoning", and the Official Zoning Map to Rezone Certain Lands Along and West of Taughannock Boulevard from Low Densitv Residential Zone to Conservation Zone WHEREAS, this action is the enactment of a local law amending Chapter 270 of the Town of Ithaca Code, Titled "Zoning", and the Official Zoning Map to Rezone Certain Lands Along and West of Taughannock Boulevard from Low Density Residential Zone to Conservation Zone; and WHEREAS, this is a Type 1 Action pursuant to the New York State Environmental Quality Review Act (SEQR) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of the Town of Ithaca Code, for which the Town of Ithaca Town Board is Lead Agency in conducting an uncoordinated environmental review with respect to the enactment of the above-described local law; and WHEREAS, the Town Board, at a public hearing held on April 10, 2006, has reviewed and accepted as adequate the Long Environmental Assessment Form (LEAF), Parts 1 and 2, for this action, prepared by the Town Planning staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance for the reasons set forth in the LEAF Parts I and 8 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 II referenced above in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. MOVED: Councilman Burbank SECONDED: Counciman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 13 - Consider Adoption of Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" and the Official Zoning Map to rezone certain lands along and west of Taughannock Boulevard from low density residential zone to conservation zone TB RESOLUTION NO. 2006-079: Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE. TITLED "ZONING". AND THE OFFICIAL ZONING MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE" WHEREAS, the Town of Ithaca Comprehensive Plan (1993) recommends protection for environmentally sensitive and unique natural areas in the Town, and has indicated on a map entitled "Anticipated Land Use Patterns" that a portion of land along and west of Taughannock Boulevard from the City of Ithaca municipal boundary to the Town of Ulysses municipal boundary should be considered for Conservation/Open Space; and WHEREAS, the Town of Ithaca Park. Recreation & Open Space Plan (1997). recommends Conservation Zoning as a means to protect lands with steep slopes, gorges and ravines, key stream corridors, and other significant natural areas, and the Plan includes a map entitled "Potential Zoning for Open Space and Purchase of Development Rights Target Areas," that identifies an area along and west of Taughannock Boulevard from the City of Ithaca municipal boundary to the Town of Ulysses municipal boundary, as ""recommended for conservation zoning"; and WHEREAS, the Unique Natural Areas Inventory of Tompkins County (revised January 2000) conducted by the Tompkins County's Environmental Management Council, identifies the "Indian Creek Gorge and Lake Slopes" area (Site Code UNA-97), located along and west of Taughannock Boulevard, as a Unique Natural Area, and describes the area as a steep lake valley slope cut by stream gorges, having scenic and aesthetic value, containing areas mm with rare and scarce plants and a mature trees stand with trees over 150 years old, as having been identified by the Tompkins County Greenway Coalition as serving as a biological corridor, and states that "the main threat to the site is from development"; and April 10,2006 Regular Town Board Meeting Approved May 8, 2006 WHEREAS, the Tompkins County Comprehensive Plan (December 2004) identifies the area to be rezoned as part of the "Lake Shore" area, which is one of the "Natural Features Focus Areas" that the Comprehensive Plan recommends be considered for conservation efforts to insure protection; and WHEREAS, the Town of Ithaca Conservation Board and Codes and Ordinances Committee have examined the area in and adjacent to the Indian Creek Gorge and Lake Slopes area, have examined the Planning Department report entitled "Indian Creek Gorge & Lake Slopes Unique Natural Area - Its Significant Natural Features and Need for Protection" (12/2/05), and based on that documentation, have recommended a delineated area to be re- zoned to a Conservation Zone based on the need to protect the area's rich ecological and scenic resources, and to minimize long-term impacts posed by development on the steep slopes (and erodible soils), including uncontrolled erosion and sedimentation, degraded water quality, increased stormwater runoff, and concerns for slope stability; and WHEREAS, the Town Board of the Town of Ithaca in Resolution No. 2006-050 referred a draft local law to rezone the above-described property to the Planning Board for a recommendation; and WHEREAS, the Town of Ithaca Planning Board held a public hearing on February 21, 2006, to consider comments from the public regarding this rezoning request; and WHEREAS, pursuant to Section 270-236(H) of the Town of Ithaca Code, the Town of Ithaca Planning Board in Resolution No. 2006-026 found: 1. There is a need for a Conservation Zone in the proposed area to protect valuable natural resources and environmentally sensitive lands, and 2. The existing and probable future character of the neighborhood will not be adversely affected by the proposed rezoning, and 3. The proposed rezoning is in accordance with a Comprehensive Plan of development of the Town; and WHEREAS, the Town of Ithaca Planning Board in Resolution No. 2006-026 recommended that the Town Board adopt the proposed local law to rezone the above- described property from Low Density Residential Zone to Conservation Zone; and WHEREAS, the Tompkins County Planning Department, by letter dated March 10, 2006, indicated it has reviewed the proposed rezoning pursuant to General Municipal Law Sections 239-1 and m and has determined that the proposed rezoning will have no negative inter-community or county-wide impacts; and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on April 10, 2006 at 7:00 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICIAL ZONING 10 April 10, 2006 Regular Town Board Meeting Approved May 8, 2006 MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to rezoning, has on April 10, 2006 made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long Environmental Assessment Form Parts I and II prepared by the Town's Planning staff; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby finds the proposed rezoning: will protect the area's rich natural resources and environmentally sensitive lands; will minimize long-term impacts posed by development on the steep slopes and erodible soils, including uncontrolled erosion and sedimentation, degraded water quality, increased stormwater runoff, and slope instability; will not adversely affect the existing and probable future character of the neighborhood affected by the rezoning; and is in accordance with a Comprehensive Plan of development of the Town; and it is further RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICIAL ZONING MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to publish and file said local law with the Secretary of State as required by law. MOVED:Councilman Stein SECONDED:Councilman Engman Roll Call Vote:Supervisor Valentino Aye Councilman Burbank Aye Councilman Cowie Aye Councilman Engman Aye 11 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Councilwoman Gittelman Absent Councilwoman Leary Aye Councilman Stein Aye Agenda Item No, 8 - Consider Approval of Bid and Purchase of New 4-Wheel Drive Loader (Attachment #6 — Addendum to Resolution for Approval of Bid and Purchase of New 4-Wheei Drive Loader: bid tabulation) Mr. Noteboom explained the bid was awarded to the lowest bidder that met all the bidding specifications. The lowest bid received did not meet all bidding specifications. He also noted that under resolved in the resolution, after Five Star Equipment they needed to add "John Deer 644." Councilman Stein asked if the Town was required to take the lowest bid that meets the bid specifications. Mr. Noteboom explained that they are required to take the lowest responsible bid that meets specifications. It ultimately ends up being a board decision. Councilman Stein commented that the board could reject a low bid because they were informed of things that may make it unwise to do business with the low bidder. Councilman Engman found the explanations given in the packet material to be very helpful. TB RESOLUTION NO. 2006 — 080: Acceptance of Bid for a New 4-Wheel Drive Loader WHEREAS, four bids were received for a New 4-Wheel Drive Loader; and, WHEREAS, the Highway Superintendent has reviewed the bids, and Five Star Equipment is the bidder who complies most substantially with the bid specifications; and, WHEREAS, upon the Highway Superintendent's findings, he recommends that the Town Board of the Town of Ithaca accept the bid of a new 4-wheel drive loader and Five Star Equipment; now therefore be it, RESOLVED that the Town of Ithaca Town Board accepts the respective bid from Five Star Equipment for a John Deere 644; and be it further, RESOLVED, that the Highway Superintendent is hereby authorized and directed to purchase a new 4-wheel drive loader with the $173,900 to be taken from the DB5130.200, A7110.201, F8340.200, and G8120.200 account. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. 12 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Agenda Item No. 9 - Consider Approval of Bid and Purchase of New Crawler Dozer (Attachment #7 - bid tabulation) Mr. Noteboom directed the board's attention to the packet materials. The Town received two bids that are close to meeting the specifications. Mr. Noteboom is planning to have demonstrations of the two pieces of equipment and asked the Board to postpone awarding the bid until the May meeting. TB RESOLUTION NO. 2006-081 : Postpone Approval of Bid and Purchase of New Crawler Dozer BE IT RESOLVED, that the Town Board of the Town of Ithaca postpone the consideration of Approval of Bid and Purchase of New Crawler Dozer until the Regular Town Board Meeting of May 8, 2006. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 10 - Consider Approval of Bid and Purchase of New Trailer Mounted Vacuum (Attachment #8 - bid tabulation) TB RESOLUTION NO. 2006-082: Acceptance of Bid for a New Trailer Mounted Vacuum, WHEREAS, three bids were received for a New Trailer Mounted Vacuum; and, WHEREAS, the Highway Superintendent has reviewed the bids, and Foster's Equipment, Inc. is the bidder who is the lowest bidder; and, WHEREAS, upon the Highway Superintendent's findings, he recommends that the Town Board of the Town of Ithaca accept the bid of a new trailer mounted vacuum from Foster's Equipment, Inc. now therefore be it, RESOLVED that the Town of Ithaca Town Board accepts the respective bid from Foster's Equipment Inc,; and be it further, RESOLVED, that the Highway Superintendent is hereby authorized and directed to purchase a new trailer mounted vacuum with the $50,664 to be taken from the G8120.200 account. MOVED: Councilman Burbank SECONDED: Councilman Cowie 13 April 10,2006 Regular Town Board Meeting Approved Mc^ 8, 2006 VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 14 - Introduction and Discussion of Local Law Amending Chapter 184 of the Town of Ithaca Code Titied "Noise" (Attachment #9 - draft local law) Councilman Stein and Councilwoman Leary have been working with Patty Pottter and a group of South Hill Residents and have come up with a draft ordinance amending the Town's current noise ordinance. It moves the ordinance in the direction of the City of Ithaca noise ordinance. South Hill residents feel the City noise ordinance has been very good at enabling them to control the problem noise in the City. The proposed changes were discussed and reviewed with Attorney Brock and Sheriff Meskill. Councilwoman Leary noted that there was a letter from the Landlords Association of Tompkins County on the table for the board when they arrived. She explained that the original noise ordinance has responsibility of the landlords built right into it. The amendment does not change a thing. They have strengthened and simplified the ordinance. Criteria for unreasonable noise is described in the ordinance. The changes allow the Sheriffs office to enforce the noise ordinance without having to receive a complaint first. The decibel meter was taken out of the ordinance because Sheriff Meskill felt that it got in the way of enforcement. Another change is that the ordinance refers to adults as 16 years of age and older. Ms. Brock added that the item was in blue and that the items outlined in blue still need to be tweaked a bit. Councilwoman Leary clarified that the reference to an adult could be eliminated because the only time it comes up is during the permit process and the Town wouldn't normally be granting a permit to a child. Supervisor Valentino asked if the items highlighted in blue were to be changed, would the Board have to reset the public hearing. Ms. Brock explained that the thought was any changes would be made before the ordinance was ready for distribution to the public. Councilman Stein found it interesting that by granting permits, the Board is essentially allowing people to make noise, which if they didn't have a permit they would not be allowed to do. In making decisions, the Board is not allowed to take into consideration the content of the noise. That is to say, the Board is not allowed to make a judgment as to whether or not they approve the activity that leads to the noise. They cannot differentiate between raising money for cancer and young people drinking themselves into unconsciousness. It is only a question of the noise. Agenda Item No. 15 - Consider Setting Public Hearing regarding Local Law Amending Chapter 184 of the Town of Ithaca Code Titied "Noise" TB RESOLUTION NO. 2006-083: Setting a Public Hearing regarding a Local Law Amending Chapter 184 of the Town of Ithaca Code Titled "Noise" to Revise Purpose and Definitions. Add Prohibition Against Unreasonable Noise, and Revise Noise Sources. Permits, and Violation and Penalty Provisions" 14 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 BE IT RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 8th day of May 2006, at 7 p.m. for the purpose of considering a proposed local law to amend Chapter 184 of the Town of Ithaca Code titled "Noise" to revise purpose and definitions, add prohibition against unreasonable noise, and revise noise sources, permits, and violation and penalty provisions; and it is further RESOLVED, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilman Stein SECONDED: Councilman Leary VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Councilman Burbank thanked Councilwoman Leary and Councilman Stein for the enormous amount of very swift work, meeting with the neighborhoods, finding something that worked and dealing with the details. He stated, however, that he continued to have some philosophical problems about the nature of what the Board is doing. Councilman Burbank believed the board was responding to a particular case that was brought to their attention by a neighborhood that has a relatively unusual problem. He thought that they were proposing a pretty sweeping change and he wants the broader public to be aware of what they are proposing. Councilman Burbank also felt that the fines were quite stiff and wants the public to know so the Board can get genuine feedback. Part of his problem is that the Town is trying to address some unrelated problems through the vehicle of noise. He was hearing a lot about underage drinking by students, vulgar behavior, property destruction, all of which is illegal, but hard to catch people in the act so the Town is using the vehicle of noise to attempt to do it. He is concerned that there is a potential for subjective interpretation and misuse by authorities based on neighbors who feel that they don't particularly like their neighbor so suddenly noise that might be perceived reasonable if they happen to like them suddenly becomes onerous and burdensome because you don't like their neighbor. Or the long history of law enforcement officers sometimes stepping over lines based on people that, for whatever reasons, they perceive to be upstanding citizens. That is sort of the underlying concern. Councilman Burbank pointed out that the letter on the table raises the fact that landlords should not be held liable for the activities of their tenants, but the argument that was being made in the letter had some merit that the Board might want to take a look at. He thought that if the Board was going to do this then maybe they should consider writing an op-ed piece explaining why the Town was doing it and encouraging public input. 15 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Councilwoman Leary thought that It would be good to post the proposed ordinance on the ^ Town's website with the current noise ordinance. Councilman Engman shares Councilman Burbank's concerns about making sure the public understands the regulation and he thought the idea of an op-ed piece was a good one. He thought the Ithaca Journal did them a favor by providing some coverage in an editorial a while back and he thought it was very helpful in alerting people that this was coming. Supervisor Valentino suggested that it might be something that Councilwoman Leary and Councilman Stein could work on together. Councilman Stein thought that would be something they could do. Councilman Stein commented that there is a tremendous spectrum between the kind of activity that Patty Porter and her neighbors describe on the worst days and a noisy air conditioner. He thought it was next to impossible to write a bright line, one side of which is okay and the other side of which is not okay. Councilman Stein takes some comfort in the fact that there is a court with two justices that the Town Board has appointed and whom they have confidence in, who might well be able to make a distinction between something that no family should have to put up with until 3:00 a.m. and an ornery longstanding grudge between two neighbors about relatively trivial items. He would be happy to put in Councilman Burbank's concern if he knew how to write it, but he doesn't. Councilman Stein thinks the purpose of the court is to let both sides come in and give their side of the case and see if it is unreasonable. Supervisor Valentino added that things like that have happened many times. Councilman Stein said he has heard good things about both of the Town's justices and that they are serious and they take their job seriously and try to do a good job. Councilwoman Leary explained that the penalties and the whole ordinance was not stricter than the City's ordinance. The penalties are the same as the City's. The only difference is that the City allows community service and the Town's does not. She thinks that community service may be too much of an out for people. The permit process gives the Town Board more notice than the City ordinance. It also has the advantage of making sure the application for a permit is done with the kind of seriousness it ought to be done with. Supervisor Valentino thought it was good to have the Town's ordinance similar to the City's because it is easier for law enforcement. She thought one of their biggest problems was going to be having enough officers to do enforcement. Dialogue needs to take place with Ithaca College to help the Town in that area. Supervisor Valentino feels they have some type of a responsibility to the community. Councilman Burbank would feel better about the noise ordinance if there were the option of community service included. He stated that one of the issues, and this is general about all fines, is that the impact of a fine varies tremendously on the social-economic status of a person. Judges are not normally supposed to factor that in, but as the Town is making laws, it should be considered. $500 for a wealthy person is minimal, but it could be burdensome for other people. He thought that the people most likely to be affected, unfortunately, were ^ 16 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 people who are living relatively closely to each other, which by definition tends to be people who are of lesser means. The community service gives the judge some discretion and he would invite the Board to consider adapting some of the language from the City's and integrate that into the law as an option. Councilwoman Leary thought it was a good point, but she can only tell them what the Ithaca College group said about the issue. The head of the student association was at the meeting and he said what others in the group had said before, that the fines really make a difference. They are a real deterrent to the students. For students, community service may almost be the equivalent of an internship. She could imagine them working it into an academic credit situation. It is not that big a deterrent. Supervisor Valentino asked if other board members felt that community service should be incorporated. Councilman Engman thought that the Board shouldn't focus just on the students because the law applies to everybody. Community service for someone else might well be very valuable. Councilman Engman supported the addition of a community service clause. Councilman Cowie supported adding community service, but was a little worried about the permit process. He stated the Town Board just saw the inability of the Board of Elections to respond in a timely manner to get what it needed to get done in a year. He thought that a smaller window requiring less planning would be appropriate. Currently the application has to be in 45 days before the public hearing. Councilman Burbank explained that the time was needed in order to get it before the Board. Councilman Cowie was not sure why the application needed to go before the Board. Councilwoman Leary explained that the ordinance requires the Town Board to approve the noise application. She would prefer that the application go before the whole Town Board. Supervisor Valentino added that when the original noise ordinance was written, the Board felt that they should take that responsibility on and not put it on the shoulders of one person. Councilman Stein was opposed to the permit because it was almost like a variance when you don't really have a set of reasons for granting it. If a bunch of people come and say that they would like to make a big racket tomorrow night at 7:00 p.m. so they want a permit, and what that is going to do is create a lot of noise that will disturb their neighbors, which they couldn't do unless the board gives them a permit. Councilman Stein was not inclined to give a permit under those circumstances. In a sense, the Town Board is limiting the permit to an organization that can plan for something that is set up. It rules out the spontaneous generator of noise that wants to get people together to make a racket. Councilman Stein thought it was one of the advantages of this complex permitting. It allows the Board to ask questions and allow for special circumstances. Councilman Stein compared giving a noise permit to allow a band in a parade with not giving a noise permit to someone so that they can bang a drum outside someone's door. The Board should be able to make the differentiation between the activities. It was why Councilman Stein liked the long timeline for applying for the permits. Councilman Cowie asked if there was a free speech dimension to the noise ordinance. If he wanted to get 100 people out in front of Councilman Stein's house to say he was the worst Town councilman with a base drum, would he need a permit for that as a way to close down freedom of expression. Councilman Stein understood that political speech has a particular protection under the law. He has a feeling that if someone wanted to protest Councilman Stein, they have more of a right to do it than someone who just wanted to make noise outside 17 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 of his house for no good reason. Ms. Brock concurred that political speech is more protected than other forms of speech. Nonetheless, there could be reasonable time, place and manner regulations. She said that it gets complicated going into that analysis, but she was unsure of what Councilman Cowie's question was. Councilman Cowie thought that the permitting process could be used as a tool to put a chill on free speech. Ms. Brock answered that the board should not be looking at who wants to make the noise and the board needs to apply objective material. Councilman Cowie stated that if it takes 45 days for him to get a permit to protest in front of the Stein house, it is a chill on free speech. Councilman Stein agreed that it was, but the person could do that without getting a permit. Mr. Walker commented that under the reasonable noise portion of the ordinance, there was no time other than to consider the time of day it is happening. He wondered whose determination of unreasonable would be used and gave an example of a football game to consider. The old noise ordinance made the difference of what was considered unreasonable. He thought that the ordinance would be fun in court and he was not sure what set of scales were to be used to take everything into account. Councilman Stein responded that it is a matter of judgment. There is not a sharp line. There are a lot of factors, they are all written down and somehow they need to be balanced. It will be explained in court as to why it was unreasonable. Mr. Walker commented it was a good point, but followed up with the question of why the Town would want to issue a permit. Councilwoman Leary stated that the unreasonable noise and different criteria are standard language. It works for municipalities across the state and so it has been adopted from the standard language. The permit process is the thing that sets it apart from the State Law. State Law does not have a provision for a permit. They are just saying that in certain circumstances, they concede that there may be a need to make noise that in our original ordinance said that it was more compelling for the need of residents to have peace and quiet. They will allow that, but under fairly narrow circumstances. The students have an attitude about the City's permit process. Students feel entitled to make noise and party. It is hard to get through to them that it is not a right to make noise and the permit is not a license to disturb the peace. She felt that the Town's ordinance was a little better in that way because it is a more formal process and not just an administrative process and it requires them to justify the request in public. Supervisor Valentino explained that the permit process was in the ordinance for many years with almost no applications. She thought they were beating to death something that hasn't really been a real problem for the Board or the community. Councilwoman Leary commented that the revised law leaves the permitting process unchanged from the way that they have had it. Councilman Burbank proposed that the Board move forward with the ordinance as it is and consider at a later date perhaps amending it. Supervisor Valentino thought that the proposed ordinance meets an important need and is not set in stone. Looking at community service as an amendment would not be hard to do. Councilman Cowie asked if there were discussions with Ithaca College about getting the word out to students, if and when the ordinance passed. Councilwoman Leary responded 18 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 yes. Mr. Walker added that there are letters going out within the next 2 weeks before the end of classes implying that the Town's noise ordinance is as strict as the City's. The Sheriff has promised extra people. Supervisor Valentino asked the Board if they were okay with moving ahead with the public hearing. The board was comfortable with moving ahead. Agenda Item No. 16 - Consider referral of proposed "Local Law Amending Chapter 270 of the Town of Ithaca Code Titled "Zoning" regarding Definition of Hospital and regarding Permitted Uses in Conservation Zones" to Planning Board for a recommendation (Attachment #10 - draft local law) Councilman Engman explained that the Codes and Ordinances Committee has talked a lot about the proposed local law and they did consider the hospital's concern about what they would be able to do in the future. The Codes and Ordinances Committee thought a way to solve the concern was by including a "people hospital" as a permitted use in the Conservation Zone. He asked if they had to have a public hearing on changing the zoning and if it should be scheduled at this meeting. Supervisor Valentino responded that the Town Board was being asked to refer the local law to the Planning Board, which is done before the public hearing is scheduled. Councilman Engman wondered if, by passing the Conservation Zone at the meeting, then sending the recommendation to the Planning Board, then waiting another month after that to deal with it, the hospital may get nervous. He asked if the Board could the board refer the matter and schedule the public hearing at the same time. Councilman Stein did not think they could set a public hearing before the Planning Board gave their recommendation. Mr. Kanter added that it was unclear when it would come before the Planning Board because the April 18^*^ meeting was cancelled because of a quorum problem. Councilman Engman stated that the Chair of the Planning Board and Chair of the Zoning Board of Appeals participated in all discussions at COC about the amendment. He asked if it was possible to schedule the public hearing and deal with it without a recommendation from the Planning Board. He was concerned about the hospital. Mr. Kanter thought the hospital realized it was going to take whatever the normal course of time was. TB RESOLUTION NO. 2006-084: REFERRAL OF PROPOSED LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES TO THE PLANNING BOARD FOR A RECOMMENDATION. WHEREAS, the Town of Ithaca Codes and Ordinances Committee has reviewed the provisions in the Town of Ithaca Zoning Code regarding definition of "hospital" and regarding permitted uses in Conservation Zones; and WHEREAS, based on this review, the Codes and Ordinances Committee has drafted a proposed local law amending the Zoning Chapter of the Town of Ithaca Code regarding 19 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 definition of hospital and regarding permitted uses in Conservation Zones for the Town Board's consideration; and WHEREAS, the above-described amendment would revise the definition of "hospital" to be "an establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes" and would add ""hospital" as a principal use authorized by special permit only in Conservation Zones; and WHEREAS, the Town Board has reviewed the above-described proposed local law at its regular meeting on April 10, 2006; NOW, THEREFORE, BE IT RESOLVED, that the matter of the proposed local law described above be referred to the Planning Board for a recommendation. 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. Agenda Item No. 17 - Consider request bv Rov Luft for waiver of Zoning Board of Appeals variance application fee in coniunction with a freestanding solar panel installation. 1317 Trumansburg Road (Attachment #11 - letter from Rov A. Luft) Mr. Kanter explained that a building permit was issued for this particular solar installation and later the Code Enforcement Officer realized it was prematurely issued. The zoning ordinance does not include specifications allowing for freestanding solar installations. Since they are not explicitly included, they are not permitted installations on residential properties. The Code Enforcement Officer, Steve Williams, notified Mr. Luft that he had to apply for a variance to keep the installation operating. Mr. Luft reluctantly submitted his application, but requested that the fee be waived in his case. The Town Board does have the authority to waive fees for several reasons. Mr. Kanter thought that the most relevant reason is that it is an unusual and unique situation because the Town issued the permit prematurely. Supervisor Valentino moved the resolution and Councilman Stein seconded the motion. Councilman Engman stated that there were four other applicants with variances for the same thing. Supervisor Valentino did not think that the other applications were the same. Councilman Engman was concerned about the other applicants because it seems the Town just didn't think of this issue. He's not sure that the other applicants don't have a legitimate concern of having to pay money to rectify the problem. Councilman Engman expressed his concern over Mr. Luft receiving a break in terms of cost and the other applicants not receiving a break on the cost. 20 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Councilman Burbank commented that Mr. Luft was in a different position because the solar system was already built. He is sympathetic to Councilman Engman's concern because it is something that the Town would want to encourage. Councilman Stein asked what the difference was between the applications. Mr. Kanter explained that the Luft building permit was issued before the Town realized the zoning code does not specifically permit freestanding solar installations. The three applicants going before the Zoning Board did not get building permits. The difference is that Mr. Luft was first issued the permit and led to believe he could build it legally and then found out later that it was not permitted. The other applicants have not paid for a building permit because they first have to apply for the variance. Councilman Stein understood the difference because in Mr. Luffs case it was the Town's mistake. Mr. Kanter added that Codes and Ordinances is looking at it so that they can address it in the zoning ordinance. Councilman Engman then asked if all of these are afforded the variance, have the applicants indicated when they would like to build. They will still be in the situation where they will be asked to pay for the building permit like Mr. Luft. He did not think it was their fault when you could build a solar system on top of your house and not pay anything, and questioned why they would have to pay to put their solar system on the ground. Mr. Walker stated that they had to look at what the zoning ordinance was trying to do. The only solar panels not allowed are freestanding solar panels that are not attached to a structure. They can be attached to a building and it will meet the zoning because there can be accessory buildings on the site. A solar panel cannot be put up as a structure because it is not a building. The issue is that the panels could be very large and that could be an issue. The Town needs to be careful on how to allow them in the zoning ordinance. There needs to be some bounds on the size and the impact on neighbors. The variance process gives the Town a chance to review them because they do not have standards for freestanding solar panels. Mr. Kanter clarified that COC is pursuing a by-right permitted use to have freestanding solar panels if they meet basic requirements. If they meet the requirements, then they would not have to go to the Zoning Board. They would still have to apply for a building permit. He's hoping to have something for the next COC meeting. Meanwhile, anyone who applies will have to go through the variance procedure because they cannot ignore the zoning as it is. Councilman Burbank asked if glare was a potential issue. Mr. Walker thought that it was a possibility, but it depends on the design. Usually they try to absorb the sun so they are not reflecting too much. They do have somewhat of a plastic glass-type surface that at the right angle might reflect. Councilman Burbank wondered if it was possible to continue as is with the fee structure and forgive those fees for the variance after the change is adopted. Supervisor Valentino asked how they would do that. Councilman Burbank thought the alternative was to wait to apply until after the Town had addressed it in the zoning. Ms. Brock did not know if there was a provision in the Code allowing the Board to do so. There is a process by which they can request the waiver, but once they have remitted the fee, she is not sure that the Town can refund it. 21 April 10,2006 Regular Town Board Meeting Approved May 8. 2006 Councilman Stein moved that the Town Board shut off debate on the item. Councilman Cowie seconded. TB RESOLUTION NO. 2006-085: Close Debate on the Motion Regarding A Request bv Roy Luft for a Waiver of the Zoning Board of Appeals Application Fee for a Variance in Coniunction with a Freestanding Solar Panel Installation. 1317 Trumansburq Road. BE IT RESOLVED, that the Town Board of the Town of Ithaca close debate on the motion REGARDING A REQUEST BY ROY LUFT FOR A WAIVER OF THE ZONING BOARD OF APPEALS APPLICATION FEE FOR A VARIANCE IN CONJUNCTION WITH A FREESTANDING SOLAR PANEL INSTALLATION, 1317 TRUMANSBURG ROAD currently under discussion. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, nay; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. TB RESOLUTION NO, 2006- 086: REGARDING A REQUEST BY ROY LUFT FOR A WAIVER OF THE ZONING BOARD OF APPEALS APPLICATION FEE FOR A VARIANCE IN CONJUNCTION WITH A FREESTANDING SOLAR PANEL INSTALLATION. 1317 TRUMANSBURG ROAD WHEREAS, the Town of Ithaca Town Board has received a request from Roy A. Luft, 1317 Trumansburg Road, in a letter dated 3/20/06, to waive the $100 application fee for a variance to install a freestanding photo voltaic system (solar panel); and WHEREAS, Mr. Luft applied for and received a building permit to install the photo voltaic system earlier this year, and the system was installed and has been operating since February 2, 2006; and WHEREAS, Steven Williams, Code Enforcement Officer for the Town of Ithaca, notified Mr. Luft that the building permit had been issued in error because the Town of Ithaca Zoning Code does not permit freestanding solar panels/photo voltaic systems, if not directly attached to a house; and WHEREAS, Mr. Luft has agreed to submit and has submitted an application to the Zoning Board of Appeals for a variance to allow his freestanding photo voltaic system to remain in operation; and WHEREAS, Section 153-10.B.14 of the Town of Ithaca Code indicates that zoning, subdivision, SEQRA, ZBA, and development application fees ... "may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the 22 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver"; and WHEREAS, the Director of Planning recommends that the Town Board approve this request for a waiver of the variance application fee because the premature issuance of the building permit qualifies as a "unique or special circumstance" that was not the fault of the applicant; and WHEREAS, the Town of Ithaca Town Board has reviewed and discussed the request for a waiver of the variance application fee at its regular meeting on April 10, 2006; now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby finds that in this case, the need for Mr. Luft to have to apply for a variance for a freestanding photo voltaic system for which a building permit has already been issued places Mr. Luft in a unique or special circumstance; and it is FURTHER RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes a waiver of the $100 fee for Mr. Luffs variance application to the Zoning Board of Appeals, pursuant to Section 153-10.B.14 of the Town of Ithaca Code, and it is FURTHER RESOLVED, that the Town Board's waiver of the fee should in no way be construed as either support of, or opposition to, the application for the variance pending before the Zoning Board of Appeals. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda item No. 18 n Consider Abolishing Director of Buiidinq and Zoning Position Ms. Drake reported that the committee recommends the Town Board abolish the Director of Building and Zoning Position. IB RESOLUTiON NO, 2006 - 087: Approve Abolishing the Director of Building and Zoning Position. WHEREAS, the Town Board has approved the restructuring of the Building and Zoning Department due to economics and increased efficiencies; and WHEREAS, with the restructuring the Code Enforcement positions are now under the direction of the Director of Engineering and the Zoning Board of Appeals duties are under the direction of the Director of Planning; and 23 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 WHEREAS, the Building and Zoning Department Study Committee met in March to discuss how the changes are working; and have determined that the restructuring is working well; and WHEREAS, the Committee recommends the abolishment of the Director of Building and Zoning position; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the abolishment of the Director of Building and Zoning position, effective April 10, 2006; and be it further RESOLVED, the Human Resources Manager is directed to file all necessary documents with Tompkins County Personnel Department; and be it further RESOLVED, the ad hoc Building and Zoning Department Study Committee is hereby dissolved. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No, 19 - Consider Appointment to Records Management Advisorv Board RESOLUTION NO. 2006-088: Appointment of Records Management Advisorv Board WHEREAS, pursuant to Chapter 65 of the Town of Ithaca Code titled "Records Management" there shall be a Records Management Advisory Board to work closely with and provide advice to the Records Management Officer; and WHEREAS, that Board shall consist of the Town Supervisor; one Town Board Member (appointed by the Town Supervisor); Town Historian; Town Clerk (Records Management Officer; Town Engineer; and the Administrative Assistant to the Planning, Zoning, and Engineering Departments or other person providing administrative services to any one of the above Departments as designated by the Town Supervisor; now, therefore, be it RESOLVED, that the following individuals be appointed to serve on the Records Management Advisory Board for a term ending December 31, 2006: Supervisor Valentino Councilwoman Leary 24 n April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Tee-Ann Hunter, Town Clerk/Records Management Officer Lisa Carrier-Titti, Records/Network Specialist Daniel Walker, Town Engineer Laura Johnson-Kelly, Town Historian MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 20 - Discussion of Ethics Board Ms. Hunter gave the board Susan Kirby's name as a republican referred by Mr. Romanowski who could fill a vacancy on the Ethics Board. She has tried to call Max Pensky, but he has moved to Danby and has not returned her phone calls. Supervisor Valentino stated that Joe Wetmore is willing to fill a vacancy on the Ethics Board. The Board agreed to appoint Susan Kirby and Joe Wetmore to the Ethics Board. TB RESOLUTION NO. 2006-089: Appointment of Ethics Board Members BE IT RESOLVED, that the following individuals be appointed to serve on the Ethics Board for a term ending December 31, 2010: Joseph Wetmore Susan Kirby MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 21 - Discussion of Fiscal Policv and Capital Projects Committee Mission Statement In his position as committee member. Councilman Stein stated that the Capital Projects and Fiscal Affairs Committee should concern itself with the major matters that have fiscal implications for the Town. Supervisor Valentino added the mission statement presented to the Board was reviewed and approved by the Committee. TB RESOLUTION NO. 2006-093: Adoption of Fiscal Policv and Capital Proiects Committee Mission Statement 25 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 BE IT RESOLVED that the Town Board of the Town of Ithaca adopt the following Fiscal Policy and Capital Projects Committee Mission Statement: "The committee will be concemed with matters that have implications for the fiscal health of the Town, including but not limited to, current and future capital projects and the budgets of the current year and future years. The committee will be closely involved in all stages of the budget making process, and will carry out, with the support of staff, studies of fiscal issues that the committee deems relevant to its responsibilities as a committee of the Town Board." MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No, 22 - Consider Appointment of Interview Comnnittee to Select Alternate Member to Zoning Board of Appeals The Board received a letter of interest in their packet for the Alternate Zoning Board of Appeals member and Judy Drake reported that Mark Macenas had contacted her stating he is interested in the position. Councilman Stein volunteered to serve on the committee. TB RESOLUTION NO. 2006 - 091: Appointment of Interview Committee for Alternate Zoning Board of Appeals Member. WHEREAS, a vacancy exists in the position of Alternate Zoning Board of Appeals Member; and WHEREAS, the Town Board wishes to appoint an Interviewing Committee to conduct interviews and make a recommendation for appointment for the position; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca hereby appoints the following persons to the Interviewing Committee for the vacant Alternate Zoning Board of Appeals Member position: Peter Stein, Town Board Member Kirk Sigel, Chairman, Zoning Board of Appeals Jonathan Kanter, Director of Planning Judith C. Drake, Human Resources Manager MOVED: Supervisor Valentino SECONDED: Councilman Cowie 26 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 23 - Consider Creation and Appointment of South Hill Citizens Committee Supervisor Valentino asked if Al George and Martha Smith had been chosen by the community to serve on the committee. Councilman Stein answered he spoke with Ms. Porter and Ms. Smith, and they suggested adding Al George to the committee. Supervisor Valentino thought that it was great to have a citizen committee for the neighborhood. She did hear from one person who is not in favor of the Town pursuing limiting the number of residents in a building. Some homeowners are feeling that the neighborhood has been lost as a neighborhood and they are planning to move so they can turn their homes into rental property. Councilman Cowie asked if they normally put any sort of termination clause into the resolution creating the committee so that they do not create a straggling committee. He suggested "renewable annually". Supervisor Valentino stated that ideally what would happen is if they could become a neighborhood association on their own without needing to have Board members on the association. She thought what they really wanted to do is get the group up and running, cut them lose, and they can feel comfortable talking with the Town Board from time to time. The Board agreed to add language regarding a term. TB RESOLUTION NO. 2006- 092: Creation and Appointment of the South Hill Citizens Committee WHEREAS, residents of South Hill in the Town of Ithaca submitted a petition regarding growing neighborhood problems associated with noise, litter, underage drinking and disorderly conduct to the Town Board at their March 13, 2006 meeting; and WHEREAS, the Town Board would like to meet with representatives from the neighborhood to further discuss these concerns; now, therefore, be it RESOLVED that the Town Board of the Town of Ithaca create and annually review the need for an ad hoc citizens advisory committee referred to as the South Hill Citizens Committee, and be it further RESOLVED that the following members be appointed to that committee: ^ Councilwoman Leary, Councilman Stein, Al George, Patty Porter, and Martha Smith for a term ending December 31, 2006. MOVED: Councilman Stein 27 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 24 - Discussion of 2006 Town Board and Departmental Priorities (Attachment #12 - 2006 Departmental Work Plans) Supervisor Valentino asked that the Board review the departmental priorities included in their packets and identify Board priorities from among those listed. She thought it would help staff if they knew what the Board wanted them to be spending their time on. Councilman Stein thought it would be helpful to have some division of time for the bulleted items in the Recreation and Human Services 2006 priorities. Supervisor Valentino agreed to get him some information stating it was a new position. Mr. Stein stated he knew that and felt the Board should help shape the position. Agenda Item No. 25 - Discussion of Ithaca Downtown Partnership Attorney Brock recalled that last month she had reported on the legal parameters that the Town has to operate under which are that the New York State Constitution prohibits gifts by municipalities to private entities. That would include the private not-for-profit Ithaca Downtown Partnership. This prohibition does not apply to municipal gifts to other municipalities as long as the gift furthers the donor municipality's purposes. Ms, Brock stated she had talked to Gary Ferguson to determine what services the Business Improvement District provides directly to the Town that benefit the Town Hall property and the Town residents who come and visit Town Hall. Mr. Brock reported having spoken with Mr. Ferguson who told her the BID does have people (downtown ambassadors) that come at least once a day from mid April through October and pick up litter along North Tioga Street, including in front of Town Hall. They both pick up litter and are available to answer questions by Town residents. Since the amount the BID is asking for isn't very big, Ms. Brock thought this was enough to show that the services that the Ithaca Downtown Partnership Is providing for the BID do benefit the Town property, do benefit the Town residents, and she thought the Board would have the legal basis to make a contribution to the City and earmark it for BID purposes. It would have to be done by local law. Supervisor Valentino had not had a chance to call Mr. Ferguson and ask what they were requesting for 2006, but thought it was just under $2,000. Supervisor Valentino was not aware of having seen these ambassadors but thought she might be willing to give it a shot if the ambassadors would come by and introduce themselves. Ms. Leary thought it was a stretch. She felt the Town had already wasted money having the Attorney for the Town look into the issue. She would rather buy wind power with the $2,000 and thought it was irresponsible to spend the Town taxpayer's money giving it to the City. Councilman Engman agreed with Ms. Leary stating the Board has gone through some torturous arguments to try to justify the contribution. If it is that difficult and requires passage 28 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 of a Town law it does not seem worth it to him. He would rather have the Board extend their apologies and say they do not have a legitimate way to justify the expense. Mr. Burbank argued the opposite stating he thought the Town owed an enormous debt to the City. We exist in proximity to the Commons and the attractiveness of Town Hall and the fact that people can come here and feel comfortable getting here is to the Town's great advantage. He felt the BID plays a significant role in this. In a larger sense what the Town would be buying is participation in a vibrant downtown. Ms. Leary felt the fact that the Town is occupying what was a federal, tax-exempt post office is doing the downtown a big enough favor. She did not think the Town owed the BID anything. She did not think contributing would be setting a good precedent and the Town has better things to spend its money on. Supervisor Valentino, picking up on Ms. Leary's comments, recalled that when the Town of Ithaca began looking for a new Town Hall they made a conscious decision to try to locate in downtown Ithaca because they saw the downtown as an important part of the community. The then Town Board bought the post office, which was slated to be torn down. They spent considerable money to restore the building. Additionally, they negotiated with the post office to keep their office downtown. Supervisor Valentino reported that the County can legally make a contribution to the BID because it is part of the County; and they are not making much of a contribution to downtown. She thought maybe they should be saying to the County that they should be making a larger contribution. Mr. Cowie felt the question the Board had to make was whether they believed in what the Ithaca Downtown Partnership is doing and is it worth investing in. Councilman Stein felt it was not very much money and while it was a pain in the neck to make a law for it, that was not rocket science. To him it was an expression of, "we're all in the same boat which we have to work hard to preserve". Ms. Leary thought it was fine if Mr. Stein felt that way and was contributing his own money to something, but it is not the Board's money and they have to be more careful about who they decide to support and give money to. Mr. Engman stated he was not impressed with the presentation on the Ithaca Downtown Partnership. He cpuld not believe they were saying that they could not do any worker housing as a part of their planning. He felt that was nonsense stating he has been involved with low income housing for decades and there are ways to do it if you want to. They don't want to and he was ill impressed with that. Mr. Engman stated he did not have any feeling that they needed to support that group. The Town has no influence on what they choose to do or not do and he did not think the Town would get any benefit out of it. Mr. Cowie felt Mr. Engman presented a more compelling argument. He asked if the expenditure was in the budget. Ms. Valentino told him, no. 29 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 TB RESOLUTION NO. 2006-093: Request Attorney for the Town to draft a local law regarding conditional gift to the City in support of the Business Improvement District BE IT RESOLVED that the Town Board of the Town of Ithaca request that the Attorney for the Town draft a local law for the Town to make a conditional gift of money to the City of Ithaca to support the Business Improvement District. MOVED: Councilman Stein There was no second and the motion failed. Agenda item No. 26 - Consider Approval to send two Code Enforcement Officers to NFPA Training and amending the 2006 General Part Town Fund Budget TB RESOLUTION NO. 2006 - 094: Approval To Send Town Code Officers To NFPA Training and Amending The 2006 General Part Town Fund Budget WHEREAS: The Town Engineer has received information that the National Fire Protection Agency will be conducting a 3-day (May 15th - 17^^) training program at Cornell University for municipal Code Enforcement Officers, and WHEREAS: This specialized training normally costs $2,800 per attendee at the annual NFPA conference but since it is being held locally on the Cornell campus the cost per attendee is being offered at $750 per attendee, and WHEREAS: Considering both cost and the quality of training that the Town Code Officers can obtain from this program it is the recommendation of the Town Engineer to send both the Town of Ithaca Code Enforcement Officers, Kristie Rice and Steve Williams to this three day training program at a total cost of $1,500, and WHEREAS: The Town Budget Officer & Purchasing Agent recommends to this Board the following 2006 budget amendment which provides funding for this employee training, and therefore be it BUDGET JOURNAL GENERAL PART TOWN FUND debit B599 Appropriated Fund Balance 1,500.00 CREDIT B8010.403 Zoning - Conference & Mileage 1,500.00 RESOLVED: That this governing Town Board approves sending these two Town employees to this invaluable code enforcement training program and the budget amendment for additional funding in the 2006 Town Budget. 30 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 27 - Discussion of Agreement to Create the Stormwater Coalition of Tompkins Countv (Attachment #13 - Memo from S. Brock and draft Memorandum of Agreement) Attorney Brock reviewed the draft agreement and included her recommended changes in the Board packet. Mr. Walker will take them back to the Coalition group. Agenda Item No. 28 - Discussion of Robert Freeman's June 22"^ presentation Supervisor Valentino reported that Robert Freeman of the Committee on Open Government will be speaking at Town Hall on June 22"*^ at 6:30. Ms. Valentino will be sending out invitations to other municipalities inviting them to attend. Ms. Drake reported that Mr. Freeman would prefer to make a 15 minute presentation and then open the session up for questions. Mr. Burbank felt we should also invite the public stating part of the Town's objective is making the public aware and having them know what their rights are. Agenda Item No. 29 - Consent Agenda TB RESOLUTION NO. 2006-095: 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: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. TB RESOLUTION NO. 2006-095a: Town Board Minutes of March 13. 2006 WHEREAS, the Town Clerk has presented the minutes for a Regular Town Board meeting held on March 13, 2006 to the governing Town Board for their review and approval of filing; now therefore be it RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meeting held March 13, 2006 as presented at the April 10, 2006 board meeting. 31 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. IB RESOLUTION NO. 2006-095b : Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1863 - 2005 General Fund Townwide $ 73,557.47 General Fund Part Town $ 16,155.91 Highway Fund Part Town $ 32,902.21 Water Fund $271,196.68 Sewer Fund $184,362.01 Risk Retention Fund $ 174.00 Fire Protection Fund $158,752.00 Forest Home Lighting District $ 253.20 Glenside Lighting District $ 98.10 Renwick Heights Lighting District $ 134.71 Eastwood Commons Lighting District $ 243.74 Clover Lane Lighting District $ 28.83 Winner's Circle Lighting District $ 72.53 Burleigh Drive Lighting District $ 100.85 Westhaven Road Lighting District $ 351.72 Coddington Road Lighting District $ 206.63 Debt Service $ 742.00 TOTAL: $739.332.59 MOVED: Councilman Burbank SECONDED: Councilman Cowie 32 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. IB RESOLUTION NO. 2006-095c : Bolton Point Abstract. WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 78,143-151, 153-209 Check Numbers: 8974, 9038-9046, 9048-9104 Operating Fund $144,643.77 1998 SCADA Capital Project $ 863.78 2000 Bolton Road Project $ 1,337.33 2002 Office Space Addition $ 11,642.00 2003 East Hill Tank Proiect $127.693.11 TOTAL $286.179.99 MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. TB RESOLUTION NO. 2006-095d : Spring Brush and Leaf Collection Whereas, the Highway Department provides yard refuse disposal services for the Town of Ithaca residents, and Whereas, twice annually the Highway Department collects brush and leaves from roadsides, now, therefore be it Resolved, that the spring brush and leaf collection by the Highway Department will commence on Monday, April 17, 2006 until finished. 33 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. TB RESOLUTION NO. 2006-095e: Ratification of Highway Superintendent's Appointment of Laborer WHEREAS, there has been a vacancy in the full time position of Laborer for the Public Works Department, since September 9, 2005; and WHEREAS, the Interview Committee comprised of the Highway Superintendent, Deputy Highway Superintendent, Parks Maintenance Manager, Water and Sewer Maintenance Supervisor and Human Resources Manager, interviewed eight candidates; and WHEREAS, the Committee has determined that Jamie Stevens possess the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and WHEREAS, Fred Noteboom, Highway Superintendent, appointed Mr. Stevens as Laborer, effective April 3, 2006; Now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Highway Superintendent, of Jamie Stevens as Laborer, retroactive to April 3, 2006; and be it further RESOLVED, this is a 40 hours a week position, at the hourly wage of $14.44, which is an estimated annual salary of $30,035.20, from Public Works account numbers, in Job Classification "i", with full time benefits; and be it further RESOLVED, a mandatory twenty-six (26) week probationary period applies, which ends October 2, 2006, with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Highway Superintendent. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 30 - Report of Town Officials fAttachment #14 - monthlv reports) 34 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Budget Officer Mr. Carvill told the Board that beginning Monday the week of April the 2005 audit will begin. Mr. Carvill distributed an additional page for their monthly financial statements. The page contained information regarding fund balance for the major operating funds. The 2006 real property taxes were turned over to the County today for further collection. Agenda Item No. 31 - Report of Town Committees There were no reports. Agenda Item No. 32 - intermunicipal Organizations Pegasus Mr. Burbank reported that in the Town's contract with Time Warner the Town Board is required to approve the expenditures of the money that is generated by rate payers. The money goes into a fund that is used for public access and the participating municipalities City of Ithaca, Town of Ithaca, Village of Cayuga Heights) need to approve that budget. The Pegasus Committee will be coming up with a proposal. Ms. Leary asked if the Town Board could televise their Board Meetings. Supervisor Valentino told her they could not be broadcast live. Mr. Burbank reported that the Pegasus Committee had gotten a proposal from the Board of Education who has applied for funding from the above-mentioned pool of money to set up broadcasting of Board of Education Meetings. The Town is not wired for live broadcast. Meetings could be taped and shown later. Mr. Stein asked that this be put on the agenda for discussion. Agenda Item No. 33 - Review of Correspondence Letter from Jason Hungerford re support for marriage equality The Board authorized Ms. Valentino to send a letter of support. Agenda item No. 34 - Consider Closed Session to receive legal advice from the Attorney for the Town of Ithaca TB RESOLUTION NO. 2006-096: Entering Closed Session BE IT RESOLVED, that the Town Board of the Town of Ithaca move immediately into closed session to receive legal advice from the Attorney for the Town. MOVED: Supervisor Valentino SECONDED: Councilman Stein 35 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; _ Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. r i, i ' TB RESOLUTION NO. 2006-097: Return to Regular Session BE IT RESOLVED, that the Town Board of the Town of Ithaca move out of closed session and return to a regular session of the Town Board Meeting. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. TB RESOLUTION NO. 2006--098: Move into Executive Session BE IT RESOLVED, that the Town Board of the Town of Ithaca move into executive session at 9:47 p.m. to discuss pending litigation regarding Tompkins County Health Department charges to Southern Cayuga Lake Intermunicipal Water Commission, and proposed litigation regarding Lakeside Nursing Home and Bankruptcy. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. TB RESOLUTION NO. 2006-099: Move out of Executive Session BE IT RESOLVED, that the Town Board of the Town of Ithaca move out of executive session at 10:00 p.m. and return to a regular session of the Town Board Meeting. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. The Board received a suggested resolution for consideration by member municipalities regarding commencement of legal proceedings against Tompkins County regarding fees charged for regulatory services. I ! Mr. Stein was uncomfortable voting for the resolution. He would like to hear what the other i side has to say. 36 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 Supervisor Valentino told him the County's justification is that they feel that they are operating within the law. The law is a one sentence thing that the Town operates regarding fees. It is very clear in the law that when you are charging fees you have to be careful; those fees have to be base on the cost of providing the service. Ms. Valentino stated that they County is clearly not doing that; they are charging the Town based on population. Mr. Stein stated he would have to see something written that said that. Attorney Brock told Mr. Stein that what Supervisor Valentino was saying is the law. However, she observed that what Mr. Stein was saying is that he wanted to see something from the County saying they were not doing that. Mr. Cowie felt it would have been better if the Board had more information earlier on about what was going on and were able to ramp into this decision instead of having to deal with it all of a sudden. Councilman Engman did not know if it would make any difference to hear from the County. They obviously have one point of view, the Town has another point of view. The only way have it decided is in court. He did not see any other way that it could be settled. He did not see how the outcome would be any different whether or not the Board had a lot more information. Ms. Leary stated if the resolution is factually correct, she did not see what other information the Board needed. The numbers are in the resolution. It was a very dramatic increase in 2003 and it doesn't seem based on reasonable costs, unless we're completely missing an argument. Mr. Stein interjected that he could imagine an argument that says the County has been undercharging for the service for years. That in fact their real costs were $6,000. Councilman Stein thought the newly adopted procedures prohibited introduction of a new item and request for Board approval during a meeting. He did not feel comfortable being asked to vote on the issue without be given prior information. TB RESOLUTION NO. 2006-100a: Motion to Table Consideration of Southern Cavuqa Lake Intermunicipai Water Commission case regarding Tompkins Countv Health Department Fees. BE IT RESOLVED, that the Town Board of the Town of Ithaca lay on the table the motion to adopt TB RESOLUTION NO. 2006-100, entitled: "CONSIDERATION BY MEMBER MUNICIPALITIES OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION REGARDING COMMENCEMENT OF LEGAL PROCEEDINGS AGAINST TOMPKINS COUNTY REGARDING FEES CHARGED FOR REGULATORY SERVICES" currently under discussion. MOVED: Supervisor Valentino 37 April 10,2006 Regular Town Board Meeting Approved May 8, 2006 SECONDED: Councilman Stein VOTE: Supervisor Valentino, nay; Councilman Stein, aye; Councilman Engman, nay; Councilwoman Leary, nay; Councilman Cowie, nay; Councilman Burbank, aye. MOTION FAILS Councilman Cowie asked if the Commission had anything in writing from the County. Ms. Valentino told him, yes. He asked when they could see it. Supervisor Valentino apologized for not having information in their Board packets. Mr. Stein reiterated his concern that it was not in order to "have a motion given at the same meeting that we vote on". He felt that was someplace in the procedures manual. Attorney Brock was not sure this prohibition was in the approved version. Mr. Stein thought the manual indicated that everything has to be distributed 5 day in advance. Ms. Brock thought the manual gave the Board some leeway. (Turn tape) Councilman Engman demanded a vote on the motion. The Board discussed the impact of voting the main resolution down and agreed it was a bad thing to do. Mr. Stein recommended tabling the main resolution because he did not feel the Board had enough information to take a position one way or the other. Councilman Stein made a motion to table the main resolution. Supervisor Valentino seconded the motion with the understanding that she will provide everyone with the information and the Board will revisit the resolution. Mr. Cowie asked if consideration could wait a month. Supervisor Valentino told him it could; the Board could join at anytime; it was going forward whether the Town Board approves the main resolution or not. TB RESOLUTION NO. 2006—100b: Motion to Table Consideration of Southern Cavuqa Lake Intermunicipal Water Commission case regarding Tompkins County Health Department Fees. BE IT RESOLVED, that the Town Board of the Town of Ithaca lay on the table the motion to adopt TB RESOLUTION NO. 2006-100, entitled: "CONSIDERATION BY MEMBER MUNICIPALITIES OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION REGARDING COMMENCEMENT OF LEGAL PROCEEDINGS AGAINST TOMPKINS COUNTY REGARDING FEES CHARGED FOR REGULATORY SERVICES" currently under discussion. MOVED: Councilman Stein SECONDED: Supervisor Valentino 38 April 10, 2006 Regular Town Board Meeting Approved May 8, 2006 VOTE: Supervisor Valentino, aye; Councilman Stein, aye; Councilman Engman, nay; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. OTHER BUSINESS Shared Services Meeting Councilman Burbank asked that another Board member attend the upcoming Shared Services Meeting on Wednesday at 10 a.m. in Supervisor Valentino's place. Councilman Stein agreed to attend. May Board Meeting Absence Councilman Cowie reported that he would not able to attend the May Town Board Meeting. Councilman Burbank reminded the Board that there may be a quorum issue and to keep attendance in mind as they get closer to the meeting date. The Board discussed Councilwoman Gittelman's absence and Mr. Stein reported that he would be in contact with her. Adjournment On motion by Councilman Stein, seconded by Supervisor Valentino, the meeting was adjourned at 10:27 p.m. Respectfully submitted, AJtS Tee-Ann Hunter Town Clerk Next meeting May 8, 2006 39 TOWN OF ITHACA TOWN BOARD SISN-IN SHEET DATE: Monday, April 10, 2006 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE /%rA/r ADDRESS/AFFILIATION / I %/ 0 5 Co. C n r fi.'V ^ ^ fin j,- bcu'c.-V^I Gu ^UQCtA ^ 05uc> yifiv^gp \^Q&CI C)^TZMAyJr ^CTh^J^AAAjyii^rf^ ^^<AzA %\(kMc TnXJ h}e4ynxi 2j''•—»>" — f / JahC<^' Uj- i-lAuiLTdU \£o'3 ^LAXgtomyh /ratyxtMllf •tf7A?k ^C'S ccki^iSofiMl" <2h//: ATTACHMENT n f/,s^' p£/T' ^ij^oAJeiL - C/^/eJ^UuSc)^ /^ o/O p£)7y y^/u AS'5£^^^ 7Z /s /^£/fiJ<^ /Y/Ui: ^ /?/^\/rt> T££rc^ ^er7^l> 2.oo4>. 77/£,/^cc£:s^ S^yU //VyrrA?7:j>. ^£./P/j4c:£:/^£ytJrs - m Q/Sfrs /q£/mC£^£yOr j)y^s y^^fi/jsy: AfOl> OoTf^tTTelf LotTfi /T5 £.(^Otp/y£^T'. 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COMMUNITYENEIRCaY ,.„MnBRINGING YQu NEW WIND ENERGY VV I IM LJGASNuclear1®DTKo^ CommunityEnerbyBRINGING YOU NEW WIND ENERGYNYS PSC EnvironmentalDisclosure StatementsNYS AverageSeteAvcree*rut< SftwnvsBionuskLeuTbas IHCoal17«iCas:s%HyrlrnISHMvulearOSIIHSolarOSSolid XVagUISWindteu n<if> isToutlOtfelActnnl total may vary illsliily from 100%dDeto rouadliti)www.dps.state.ny.us/EnvDisclosureLabel.htmlAlrEmltilons Relnrivc to The New^orb Slale AverageNTSftvaraodSulfur Dlextd* (SOZ)tttms (n Oxhiet (NOx)Carbon Dh»l<>t {C03)lOOSaf .v«en(elOmiof ATsragaloOHaf .\«cr*c«SulAir dioxide and nltio;eii osdei ate k«« potiutsnK that coniribuie lo icid rain and imog. andcai'eon dioodc, conuibniea lo global eiimale cbaogr. DepesdiBg en ftel kource, iiae. andiucalioii,tha general ion ef eleotticlt^- may al&o zosult in orhrr public bealih, environmeniai endsocic-tconoiai; inyiacK not daclcted above.A 100% Windpurchasegenerates a newEnvironmentalDisclosure Labelwith -0- AirEmissions13 CommunityEnerbyBRINGING YDU NEW WIND ENERGYResidentialIndustrySmall Business«»'«»n' nt i«ii»CommercialmMV l^jECaM M unityEnerbyBRINGING VDU NEW WiNO ENERGYNuclearHydroRenewables COMMUNITYENERCaYBRINGING YQU NEW WIND ENERGYFenner WindFarm Jordanville Wind Project68 turbines - up to 150 MWs — Herkimer Countj', New York• Enough energy tosei-v e over 50,000homes• Potential savings of235,000 tons of C02,1,200 tons of S02, and300 tons of NOx• Economic benefits viajobs during constructionand operation, taxpa3 ments andlandowner payments>01' .FOCdim 'rVf 'rLimJrx _ .Kwi f"""i'T' T VfiutoB^^'wrAiik'• n ™r, , "f''** \ - I- i * 'twian •BaCUt't j'"--'Cuaanaitr. ^ , koriMiI Hwm U*"*^iz:>zz:> >CommunityEnerbyBRINGING YQU NEW WIND ENERGY~76% of New YorkState's Electricitycomes fromBurning Coal10 Coal Fired PowerPlants CurrentlyOperating in NYS13,807,447 people livewithin a 30 mi radius ofcoal plants in NY(3,199,588 children)60% of mercury inNortheast comesfrom regional sourcesCOALLQllUT hJIfUEin iZJ 521& • 1KI790^ 1557^1.44375n 845e<7 • 1E®433152640^22S32-<1IfSALSriBO',* '.1 1 . < '• Jcn^rt ' ■<" CommunityEnerbyaRlNGING YDU NEW WIND ENERGY-10% of New YorkState's Electricitycomes from Oilburning power plantszz:>OILX Coal-Fired X Oil- or Gas-FiredX Boft Coal- and Oil/Gas- Fired UnitsX<750MW X'750-1999MWX^OOO+MW CommunityEnerbyBRINGING YOU NEW WIND ENERGYNYS NuclearPower Plants29% of NYS electricity comes from 6 nuclear power plantsCHERNOBYL: J;Areas Affected By Radiati'ofk'T 'NORWAYSWEDENAbrSVSt»ESTONIA^ itUSSMLAIVIADENMARKLITHUANIARUSSIANETN.i OERMANYLUX.EEURUSHOLANOnANOEatCHRLI'. UKHAINESLOVAKIAc^T.-cvCfi ftaacto I/'.jiSWIT2ERUN0 MOLDOVA810VENIA ROMANIA • ^™ LHOAtIABOSNIA SHERHUOVINA WaSMBULGARIA ChlACEOONIA"T, O:"''-m. ' OMECfi. . •.'- .VIBW^The plane that tookout the 2"" WorldTrade Center towerflew directly overIndian Point.Fitzpatrick +9 Mile 1 & 2Rochester-Ginna20 million peoplewithin the 50 mileradiation zone ofIndian Pointndian Point2&3H Hc:c Com M u N ityEnerbyBRINGING YQU NEW WIND ENERGYNYS LakesIk4^ M U NITYENERBYBRINGING YQU NEW WIND ENERGYNYS LakesThat was one of the 500of New York's3,000 lakesthat are deadfrom Acid Raincr:err cCo M M U N ITYENERBYiRiNGiNG YQU NEW WIND ENERGYAir PollutionImpactsschoolchildrenasthma -now2x the rate oirrt Westers k zCOMMUNITYENERCaYApril s, 2006BRINGING vau NEW WIND ENERG^SPECIAL REPORT GLORAL WARMINGBEWORRIED.C£mate dufige tsnl seme V9^efetov pteUatTi-itis 8b«adydana^ the ptentf at an atannmiHete^ hew It aftects you, yourIdds and ther Idds as wdlEARTH ATTHETIPPllffi POINTHOW fTTHREKTENS TOUR HEALTHHOW CHINA&iHDlA CAN HapSAVETKWORLD-OR DESTROY aTHECUMATECRUSAKRS CommunityEnerbyBRINGING YOU NEW WIND ENERGYMercuryContaminationCoal fired power plants are thelargest source of mercurypollutionMercury is a toxic metal that isboth persistent andbioaccumulates. Fish advisoriesfor women of child bearing ageand children.Mercury is a known neurotoxinand high levels of exposure arelinked to neurological disordersand brain damagemptwrybdamupinraighfbodchghzz:>z:dtranesofmnamnrflfhmHtWianimal plankton" tplant plariktsH C O M M U N ITYENERBYBRINGING YQU NEW WIND ENERGYBilen DqIImiDisaster LossesSovrcs: hiiiMe1?WIPPQ CommunityEneircsyBRINGING YQU NEW WIND ENERGYNumber ofNatural DisastersS 250CO 200rr 150100-1900zz:>1920194019601980YEAR)1996 CommunityEnerisyBRINGING VOU NEW Wind ENERGYReuters: Wednesday, March 3, 2004Insurer Warns of Global Warming CatastropheThomas Atkins 'byGENEVA - The world's second-largest reinsurer, Swiss Re, warned...that thecosts of natural disasters, aggravated by global warming, threatened tospiral out of control, forcing the human race into a catastrophe of its ownmaking.In a report revealing how climate change is rising on the corporate agenda,Swiss Re said the economic costs of such disasters threatened todouble to $150 billion a year in 10 years, hitting insurers with $30-40billion in claims, or the equivalent of one World Trade Center attackannually.IIThe human race can lead itself into thisclimatic catastrophe -- or it can avert it.cr:crc Com munityEnerbyBRINGING YOU NEW WIND ENERGYWhy Wind-iPower?> Emissions Free = Ho Pollution> Fuel Free = Energy Independence> Fixed Price = No price increases> EconomiG Development Tool> Less Centralized =Reduced Terrorist Target CommunityEnerbyBRINGING YOU NEW WIND ENERGYWind Energy CostReductions90% reduction in Leveiized Costs from 19801979: 40 cents/kWh2006:5-7 cents/kWhn IncreasedTurbine Size" R&D Advancesn Manufacturingimprovements02010:2.5-4.5 cents/kWh(2005 wholesale cost ofconventional electric) CommunityEneirbyBRINGING YOU NEW WIND ENERGYFastest-Growing EnergySource WorldwideU.S. and World Wind Energy Capacity2500020000Installed 15000Capacity(MW) 100005000'I"!"!™!™!"*! ™"rI ™ I ~ I ~ I ~ I ™ 'lU.S.WorldU.S.%YearBased on Information supplied by International Energy Agencyand the American Wind Energy Association.25% / yrAnnual GrowthWind Leaders:1. Germany2. Spain3. United States4. Denmark5. India3 CommunityEnerbyBRINGING YOU NEW WIND ENERGYTurbine Size &Emissions ImpactOne 1.5 MW Wind Turbine:• Is about the same height as a Redwood tree• Reduces C02 emissions by 6 million lbs/year• Has the same pollution impact as planting 320,000 trees,rc:r rWho Is CommunityBRINGING YGU NEW WIND ENERGYEnergy?Mission:>To deliver "FUEL FREE" Electricity> At an Affordable Price> In the Customer's Electric GridStarted in PA in 1999. Launched NYScampaign in August 2002. ):: 1^^^DdmmunityEnerbyBRINGING YOU NEW WIND ENERGYStep Two15 MW Farm — Sold Out Nov 2001U OF Penn, State System of Higher Education consortium n30 SMALLER Colleges & universities, Churches, & Many Small CustomersiWVtijlHIiiNttei:'"The 15-MW Mill Run Wind FarmFayette County, PAOn-Line October 200! CaMMUNITYENERBYBRINGING YDU NEW WIND ENERGYPennsylvania:Step One9 MW Farm — Sold Out Oct 2001Carnegie Mellon University, Penn State, Giant Eagle, Commonwealth of PAThe 9-MW Somerset Wind FarmVisible From the PA TurnpikeOn-Line October 2001n:> KibCOMMUNITYENERBY^1^ BRINGING VQU NEW WIND ENERGYStep Three65 MW NEW Wind Farm£'.■merrThe 65-MW Backbone Wind FarmAllegheny Plateau, WVOn-Line Spring 2003(cr CommunityEnerbyBRINGING YGU NEW WIND ENERGYStep Four70 MW NEW Wind FarmThe 70-MW Pocono Wind FarmNortheast of Scranton, PAOn-Llne Fall 2004 CommunityEnerqyBRINGING YOU NEW WIND ENERGYVision RealizedProjects (MW)20012002-20042005Somerset, PA999Mill Run, PA151515Backbone, WV6666Waymart6565Wethersfield77Fenner3030Bear Creek24Atlantic City, NJ7Year End MWs24192223 C OM M U N ITYENERBYBRINGING YGU NEW WIND ENERGYNYS WindResourceNYS has wind resourcesfor more than 5,000 MWof new land-based windturbines (10% of NYStotal energy usage) plusanother 5,200 MW of offshore wind.Total NYSPotential: 20% CommunityEnersyBRINGING VQU NEW WIND ENERGYNYS ElectricGeneration MixNYS Bectric Power Mixc:cz CdmmunityEnerbyBRINGING vau NEW WIND ENERGYCurrent (248 MW) &Near Term (250 MW)NYS Wind ProjectsTMYSERI5A-Sponsored Wind DevelopmentFenner WindProject 30 MW30 WWWethersfield WindProject 6.6 MWMadison WindProject 11.5 MWMaple Ridge198 MWr(wJiianiMPm"w»rHfcn|» CommunityEnerisyBRINGING YDU NEW WIND ENERGY30 MW FennerWind FarmSvtacuseBu&loFenner WindFarmBinghamtonLAlbanyci Co M M U N ITYENERBVBRINGING YOU NEW WIND ENERGYFenner WindFarmm )CommunityEnerbyBRINGING YDU NEW WIND ENERGYA NYSERDASponsored ProgramToward EnergyIndependence:New WindEnergyAvailable &Affordable In NYS>H-MOOOo3COopam(D(Dc+H-3CfQ>>-3>OKStoS=tt "ifCOMMUNITYENERCaYBRINGING YGU NEW WIND ENERGYAir Impacts of TraditionalElectric Generation40% of all Carbon dioxide (C02)leading greenhouse gas67% of all Sulfur dioxide (S02) -leading precursor to acid rainI'25% of all nitrogen dioxide (NOX)major component of smog In-, r, Siliia in A - . fk-nnor N\ ower L-Naiiirallv -I n -• ',v.- f «-A , i. WIND ENERGY PROJECT DEVELOPMENT T New York cNeAi';ijork ^ 6ii£XM OWAVt" IWSERDA,Emrgu Rsaflarch an . Ocvetopmcnt Autha Available at: -VAv uovvenaijrally.org October 2005 NYS Energy Research & Development Authority 17 Columbia Circle Albany. NY 12203-6399 Vv'v/vv.nysB: di-i Uiu Prepared by: Global Energy Concepts p©vi^Wind Energy Project Development In Nev^ York This document is one of a series of reports and guides that are all part of the NYSERDA Wind Energy Tool Kit. Interested parties can find all the components of the kit at; www.powernaturaJly.org. All sections are free and downloadable, and we encourage their production in hard copy for distribution to interested parties, for use in public meetings on wind, etc. Any questions about the tool kit, its use and availability should be directed to: Vicki Colello; vac@nyserda.org; 518-862-1090, ext. 3273. In addition, other reports and information about Wind Energy can be found at wvyw.powernaturaUy.org in the on-line library under "Large Wind." NOTICE This report was prepared Global Energy Concepts in the course of performing work contracted for and sponsored by the New York State Energy Research and Development Authority (hereafter "NYSERDA"). The opinions expressed in this report do not necessarily reflect those of NYSERDA or the State of New York, and reference to any specific product, service, process, or method does not constitute an implied or expressed recommendation or endorsement of it. Further, NYSERDA, the State of New York, and the contractor make no warranties or representations, expressed or implied, as to the fitness for particular purpose or merchantability of any product, apparatus, or service, or the usefulness, completeness, or accuracy of any processes, methods, or other information contained, described, disclosed, or referred to in this report. NYSERDA, the State of New York, and the contractor make no representation that the use of any product, apparatus, process, method, or other information will not infringe privately owned rights and will assume no liability for any loss, injury, or damage resulting from, or occurring in connection with, the use of information contained, described, disclosed, or referred to in this report. ^P©v\^f Wnd Energy Project Developmerit in New York Wind Energy Development in New York Why Wind in New York? Utility-Scale Projects in New York Potential for Additional Projects List of Figures Figure 1. Location of Wind Projects Operating in New York. Figure 2. Wind Resource Map of New York List of Tables Table 1. Description of Wind Projects Operating in New York, p©wer Wind Energy Project Development in New York Why Wind in New York? Rural areas in the Northeast, such as those in Upstate New York, are receiving increased attention from wind energy proponents and developers. New York's geographic location and relative proximity to load centers, combined with its good wind resources, the high costs of electrical energy in the Northeast, concerns over regional air quality, federal tax incentives, and legislative mandates in New York and neighboring states, has resulted in renewed interest in wind energy development in New York. Some specific factors that are driving the market for wind energy in New York include the following: ® New York State is ranked 15''' in annual wind energy generating potential (62 billion kWh)—more than California or any state east of the Mississippi and the largest potential of any state in the Northeast. # Renewable energy purchase mandates or renewable portfolio standards (RPS) in New York and neighboring states are driving the demand for new renewable resources in the region, particularly wind energy. The current New York State RPS calls for an increase in renewable energy used in the state from its current level of about 19% to 25% by the year 2013. Wind energy is expected to supply a significant portion of the RPS requirement. This effectively creates a stable, long-term market for the retail sale of wind energy in New York. # Being located downwind from the major industrial centers of the Upper Midwest, New York has a long history of working to reduce emissions from fossil fuel combustion sources to help reduce acid rain, improve air quality, and curb the emission of greenhouse gases. New York is also a member of the Regional Greenhouse Gas Initiative, or RGGI, a cooperative effort by Northeastern and Mid-Atlantic states to reduce carbon dioxide emissions, such as those from fossil fuel-burning power plants. # In 2001, Governor George Pataki issued an Executive Order requiring all state agencies to purchase 10% of their electricity from renewable energy sources by 2005 and 20% by 2010. • Funding incentives available to project developers and green power marketers through NYSERDA's NY EnergySmart"" Program are helping to promote the technology by reducing some of the initial capital costs for selected wind projects and providing incentives for consumers to purchase green power at the retail level. • The Federal Production Tax Credit (PTC) for wind energy has been extended through January 1, 2008. • New York State consumers are free to choose retail electricity service providers. Research shows that given the choice, consumers often select services that offer some renewable energy content. Utility-Scale Projects in New York Although wind energy research and wind resource assessment projects had been previously conducted in New York, commercial development activities were not seriously initiated in the state until the late 1990s. Since 2000, three utility-scale wind energy projects have been installed in the State and a fourth will be operational by the end of 2005. Several other projects are in the planning stages. Figure 1 shows the location of the first four utility-scale wind projects in New York. Two of the facilities, the Fenner Windpower Projea and the Madison Windpower Project, are located in Madison County, southeast of Syracuse. The third project, Wethersfield Wind Farm, is located in Wyoming County, approximately 40 miles southeast of Buffalo. The fourth project, Maple Ridge Wind Farm, is located in Lewis County in the Tug Hill area. Additional details on these projects are listed in Table 1. New York Mapls Kidge Wind Farm 196 Veitas VS2 1.65 MW Turbines SyracQiB $ Fenner Windpower, LLC 20 GE Wind 15 MW Turbines Albaiqr Madison Wind Power Project 7 Vestal ViS6 - 155 MW Torbuiei Wethersfleld Wind Farm 10 Vestas V47 - 660 kW Turbines New York City P Figure 1. Location of Wind Projects Operating in New York Table 1. Description of Wind Projects Operating in New York Project Name Madison Windpower, LLC Madison Wethersfleld Wind Farm Wethersfield Fenner Maple Ridge Windpower, Wind Farm^ LLC (Phase I) Fenner Tug Hill Area er Wind Energy Project Development in New York County Madison Wyoming Madison Lewis Project Owner PG&E Generating CHI Energy, Inc. CHI Energy, inc. PPM Energy & Zilkha Renewable Energy Number of Turbines 7 10 20 120 Turbine Type Vestas V66- 1,650 kW Vestas V47 - 660 kW GE Wind - 1,500 kW Vestas V82 - 1,650 kW Rotor Diameter 216.5 ft (66 m) ^154 ft (47 m)231 ft (70.5 m) 269 ft (82 m) Hub Height 220 ft (67 m)213 ft (65 m)213 ft (65 m)260 ft (79 m) Total Capacity (MW)11.55 6.6 30 198 Annual Expected Energy (MWh)24,000 19,000 89,000 520,000 Estimated Number of Households Served (@ 6,000 kWh/yr/household) 4,000 3166 14,833 87,000 652,000 109,000 'Annual expected energy Is estimated assuming a 30% capacity factor. Potential for Additional Projects Developers are actively pursuing additional wind projects in a number of other locations in New York. One of the key considerations in development work is the potential wind resource in a location. Good wind resources have been identified along large hilltops in Western, Central, and North-Central Upstate New York. Project proposals from wind energy developers are likely in these areas, assuming other siting considerations are met. The Long Island Power Authority (LIPA) is also investigating installation of wind turbines off the south and east coast of Long Island in shallow water areas. There may also be some development potential along the Lake Erie waterfront, south of Buffalo. Figure 2 shows a wind resource map for New York created by AWS TrueWind. The wind map shows the estimated annual average wind speeds at a height of 230 ft (70 m) above the ground. They also produced similar maps at 30 m, 50 m, and 100 m, as well as an estimated wind power density map at 50 m. Based on the map and assuming chat protected areas within the Adirondacks and Catskills are excluded from development, the following upstate New York counties have potentially developable wind resources: Allegany Cattaraugus Chautauqua Delaware Erie Herkimer Lewis Livingston Madison Oneida Onondaga Ontario Otsego Schoharie Schuyler Steuben Wyoming Yates P©vv er Wnd Energy Project Development in Ni.w Yfrk UD '«• CZ]tij-a« }i-ie ! lat-Mi u-s! dlK.'-IS7 15.?c C^U-ltS '^.74 rgj , 171 »J.»e i lirt.iM u ij aSBac-xi I9.U tria nip«« 9)> V* jfnrwo»«av« JMnMjrn* «WMv**«Mai»mstf tf•«m«vn In New York, areas with wind speeds greater than 15.7 mph (7.0 m/s) are considered potentially 'good' for utility-scale wind energy development. Lower wind speeds may be acceptable for on-site use of small-scale wind generation systems. As wind technology improves, sites with lower wind speeds may also be favorable for utility-scale development. )I)Town of IthacaCurrent Electricity UsageAnnual kWhAVG Monthly kWhCurrent Electric Cost1,644,992137,083$158,338New Wind Energy PricingPercent WINDof Total UsagekWh of WIND/Year% of a 1.5 MWTurbineWind Cost/1 Year ContractWind Cost/ 3 Year ContractWind Cost/ 5 Year ContractWind Cost/ 7 Year Contract100%1,644,99241%$38,657$36,190$33,722$31,25550%822,49621%$19,329$18,095$16,861$15,62725%411,24810%$9,664$9,047$8,431$7,81410%164,4994%$3,866$3,619$3,372$3,1255%82,2502%$1,933$1,809$1,686$1,563 )Town of IthacaNew Wind Energy - Environmental BenefitsAmount PurchasedC02 ComparisonPercentWind% of aTurbinekWh/YearC02S02NOxPlanting XNumber of TreesMilesNot DrivenCars TakenOff the Road100%41%1,644,9921,447,9386,5141,990123,3741,570,96712950%21%822,496723,9693,25799561,687785,4846425%10%411,248361,9851,62949830,844392,7423210%4%164,499144,79465119912,337157,097135%2%82,25072,3973261006,16978,54861 turbine100%4,000,0003,520,84015,8404,840300,0003,820,000314A 1.5 megawatt wind turbine produces approximately 4 million kWh a year.kWh/Year = 1500 KW (Generator Size) * 8760 (Hours/Year) * 30% (capacity factor)Carbon dioxide (002) is a major greenhouse gas, implicated in global climate change.Sulfur dioxide (802) contributes to acid rain and snow, brown clouds and regional haze.Nitrogen oxides (NOx) mix with hydrocarbons, heat, and sunlight to form ground-level ozone and smog, a health hazard. f s NYS "MUNICIPAL WIND BUYERS GROUP" PRICING CONFIDENTIAL 2006 Cents I kWh Pricing Purchase Contract Length Annual Purchase Size # Turbines 1 Yr.3 Yrs.5 Yrs.7 Yrs. Small (< 3,999,999 kWh)< 1 2.5 2.35 2.2 2.05 4,000,000-19,999,999 kWh 1 -5 2.425 2.275 2.125 1.975 16,000,000 - 39,999,999 kWh 5-10 2.35 2.2 2.05 1.9 40,000,000+ kWh 10 +2.275 2.125 1.975 1.825 ? 1 f { r> •;i ENVIRONMENTAL BENEFITS OF NEW WIND ENERGY PURCHASE IN NEW YORK STATE FACTORS Ibs./MWh"miles/MWH trees/MWh C02 880.21 S02 3.96 NOx 1.21 Miles 955 Trees 75 Customer Specific - Environmental Benefits* Average NYS Household using 550kwhpermo (6,600/yr) KWh/yr. (wind)6,600 C02 (Ibs./yr.)5,809 802 (Ibs./yr.)26 NOx (Ibs./yr.)8 Miles Not Driven/Yr.6,303 Annual Carbon Reduction of X Trees 495 Oil (barrels)"***1.13 TonsofC02 2.90 • KEY DISCLAIMER: Compared to the average generation mix in the spot market New York power pool, the environmental benefits from this purchase are equilvalent to a reduction of X lbs. per year, etc. Environmental Benefits are based on NYISO Spot Market emission rates for the period January 1 2003 through December 31, 2003 • The calculation for miles not driven assumes that 19.6 lbs. of carbon dioxide is released per gallon of gasoline consumed when driving the average U.S. automobile (Energy Information Association's Fuel and Energy Source Codes and Emission Coefficients. 2000) and that the average mileage for U.S. automobiles is 17.0 miles per gallon (U.S. Department of Transportation Federal Highway Administration Annual Vehicle Distance Traveled in Miles and Related Data, 1998) ** The calculation for the equivalent number of trees planted assumes that 14.7 pounds of carbon dioxide are absorbed during the annual growth of a typical North American tree (U.S. Department of Energy's Sector Specific Issues and Reporting Methodologies Supporting the General Guidelines for the Voluntary Reporting of Greenhouse Gases under Section 1605(b) of the Energy Policy Act of 1992, Part 5: Forestry Sector). •** Oil reduction assumes 10,8% of spot market is oil and uses following conversions: heat rate of 10,000 btu/kWhr, a heat content of 150,000 btu's/gal and 42 gallons per barrel, * ; * I April 10, 2006 Town Board Meeting ATTACHMENT ffS ADDITIONAL AGENDA ITEM #1 / * !!lizabeth W. Cree Republican Commissioner (607) 274-5521 TOMPKINS COUNTY BOARD OF ELECTIONS, . - ^r'r'\ li ® S__|tep&n .^r.DeWitt128 East BufTalo Street Ithaca, New York 14850 Fax: (607) 274-5533 www.votetompkins.com ■ir ;! ' ' "Democratic Commissioner 274t5522 APR -3 • -..vv-rr?'/ Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Dear Ms. Valentino, Please be advised we are planning to create a new Election District (E.D.) in the Town of Ithaca. Since E.D. 7 currently contains more than the maximum number of voters allowed by State law, we must create a new district. The new district, E.D. 15, will consist of Kendal at Ithaca and parts of the surrounding streets, as per the attached pending change report. We have created this new E.D. after discussions with the Kendal at Ithaca administration, who were very receptive to this change. The polling site will be Kendal at Ithaca, 2230 N. Triphammer Rd., Conference Room A. This will be implemented before the September 12, 2006 Primary. We will send notices to all affected registered voters informing them of the changes. If you have any questions or concerns about this change, please call us to discuss. If not, could you please ask your board to pass a resolution at their next meeting approving this change? And then send us a copy. Thank you, Elizabeth W. Cree Stephen M. DeWitt Commissioners of Elections I 4 f % Recycled paper VilGHGb SHEARATOH P IthacaKendal gyj SIMSI SPRUCE AMSmW ROAD .s Cayuga Hei^ Fire Departm HELOOm Boynto iliddle ountRY EIGHT Robert c'ommu THURs?- YORK AUSFAUS UNCO Tompkin* Information GIS DMalo tary SoogyStfVK 03/31/2006 9:59 am Tompkins County Board of Elections Street Segment Redistrlcting Pending Report Page 1 > zip: 14850 Street Name: > 1 - Update Criteria 999 SAVAGE FARM DR(ALL) Tovm;007 - Ithaca Tovm Ward:000 - District:015 - District 15 Congress:022 - Congressional District #22 Senate:051 - Senate District #51 Assembly:125 - Assembly District #125 School:001 - Ithaca City School Village:CA - Cayuga Heights County Leg:010 - County Legislative #010 Fire Dist: UD Dist 4: Added By: TMP Date Added: 03/31/2006 Time Added: 09:24:38 Zip: 14850 Street Name: 0 Update Criteria - SPRUCE LN (ALL) Tovm: Ward: District: Congress: Senate: Assembly: School: Village: County Leg: Fire Dist: UD Dist 4: 007 - Ithaca Tovm 000 - 015 - District 15 022 - Congressional District #22 053 - Senate District #53 125 - Assembly District #125 001 - Ithaca City School CA - Cayuga Heights 010 - County Legislative #010 Added By: TMP Date Added: 03/31/2006 Time Added: 09:26:53 PendRpt User: TMP TEAM2000 Version 2.9.0 Copyright © NTS Data Services, LLC. Station: 65535 03/31/2006 9:59 am Tompkins County Board of Elections Street Segment Redlstrlcting Pending Report Page 2 / Zip; 14850 \. Update Criteria Street Name: 706 - 822 HANSHAW RD(EVENS ONLY) Tovm: Ward: District: Congress: Senate: Assembly: School: Village: County Leg: Fire Dist: UD Dist 4: 007 - Ithaca Town 000 - 015 - District 15 022 - Congressional District #22 053 - Senate District #53 125 - Assembly District #125 001 - Ithaca City School CA - Cayuga Heights 010 - County Legislative #010 Added By: TMP Date Added: 03/31/2006 Time Added: 09:53:04 I \ Zip: 14850 Update Criteria Street Name: 701 - 715 THE PARKWAY (ODDS ONLY) Town: Ward: District: Congress: Senate; Assembly: School: Village: County Leg: Fire Dist: XTD Dist 4: 007 - Ithaca Town 000 - 015 - District 15 022 - Congressional District #22 053 - Senate District #53 125 - Assembly District #125 001 - Ithaca City School CA - Cayuga Heights 010 - County Legislative #010 Added By: TMP Date Added: 03/31/2006 Time Added: 09:54:28 PendRpt User: TMP TEAM2000 Version 2.9.0 Copyright © NTS Data Services, LLC. Station: 65535 03/31/2006 9:59 am Tompkins County Board of Elections Street Segment Redistricting Pending Report Page 3 ^ zip: 14850 Street Name:161 Update Criteria - 235 HIGHGATE RD{ODDS ONLY) Town:007 - Ithaca Town Ward:000 - District:015 - District 15 Congress:022 - Congressional District #22 Senate:053 - Senate District #53 Assembly:125 - Assembly District #125 School:001 - Ithaca City School Village:CA - Cayuga Heights County Leg:010 - County Legislative #010 Fire Dist: UD Dist 4: Added By: TMP Date Added: 03/31/2006 Time Added: 09:59:15 Zip: 14850 Update Criteria Street Name: 2110 - 2112 N TRIPHAMMER RD (EVENS ONLY) Town: Ward: District: Congress: Senate: Assembly: School: Village: County Leg: Fire Dist: UD Dist 4: 007 - Ithaca Town 000 - 015 - District 15 022 - Congressional District #22 053 - Senate District #53 125 - Assembly District #125 001 - Ithaca City School CA - Cayuga Heights 010 - County Legislative #010 Added By: TMP Date Added: 03/31/2006 Time Added: 09:59:15 PendRpt User: TMP TEAM2000 Version 2.9.0 Copyright ® NTS Data Services, LLC. Station: 65535 03/31/2006 9:59 am Tompkins County Board of Elections Street Segment Redistricting Pending Report Page 4 Zip: 14850 Update Criteria Street Name: 105 - 115 HIGHGATE PL(ODDS ONLY) Town:007 - Ithaca Town Ward:000 - District:015 - District 15 Congress:022 - Congressional District #22 Senate:053 - Senate District #53 Assexnbly:125 - Assembly District #125 School:001 - Ithaca City School Village:CA - Cayuga Heights County Leg:010 - County Legislative #010 Fire Dist: UD Dist 4: Added By: TMP Date Added: 03/31/2006 Time Added: 09:59:15 PendRpt TEAM2000 Version 2.9.0 Copyright © NTS Data Services, LLC. User: TMP Station: 65535 r f f 1 0 \ rin.n ol L/i o North NY State Plane. Central GRS 80 Datum Data Sources: Tompkins County Digital Planimetric Series U.S. Census Bureau Tompkins County 2001 Reapportionment Plan - Local Law 3 Legend Polling Places A/ Election District Boundaries Election District Name County Legislative District Boundaries 001 County Legislative District Name /sy Municipal Boundaries Water United States House of Representatives District 22: City of Ithaca, Town of Ithaca, Town of Danby District 24: Town of Caroline, Town of Dryden Town of Enfield, Town of Groton, 1:21,000 Note: Variations of geographic positions between municipal and election/Iegisiative district lines are the result of varying data production scales from original data sources. TompUns County Information Tactmology Saniott GISDMslon J.Jpn/.YHW )4-1004-136.4-138.THE ELECTION LAWequipment for use at elections.Election expenses; payment of.Expenses of boards of elections outside New YorkCity; apportiomncnl of.§ 4-100. Election districts; creation and alteration.1. The State of New York shall be divided into election districts which shallbe the basic political subdivision for purposes of registration and voting as provided m this chapter. ^2. The creation, consolidation, division or alteration of election districts shallbe done by the legislative body of the city or town within which the election dis-trict IS contained except in the cities of Buffalo and New York and the countiesof Monroe, Nassau, and Suffolk. In the cities of Buffalo and New York and thecounties of Monroe, Nassau and Suffolk, and for any other town or city, iipon therequest of its legislative body, the creation, consolidation, division or alteratioii ofelection districts shall be done by the board of elections.3. a. Each election district shall be in compact form and may not be partlywithin and partly witliout a ward, town, city, a village which has five thousand ormore inJiabitants and is wholly within one town, or a county legislative, assem-congressional district. Except as provided in paragraph b of thissubdivision, election district boundaries, other than those boundaries which arecoterminous with the boundaries of those political subdivisions mentioned in thisparagraph, must be streets, rivers, railroad lines or other permanent characteristicsof the landscape which are clearly visible to any person without the need to useany technical or mechanical device. An election district shall contain not morethan nine hundred fifty registrants (excluding registrants in inactive status) orwith the approval of the county board of elections, not more than eleven hundredfifty registrants (excluding registrants in inactive status), but any election districtmay be divided for the convenience of the voters.b. An election district in a city or town may divide a block, provided that theboard of elections prepares an alphabetical list of all the streets in such city ortown with the election district for each such street. If any such street is dividedbetween two or more election districts, then such list must contain the lowest andhighest street numbers in each such district and if the odd and even numbers ona street are in different districts, such list must contain separate listings for suchodd and even numbers and if there are both odd and even numbers in such different election districts, such list must contain separate listings for such numbers.Copies of such lists shall be filed and kept open to public inspection in the officesof such board. One copy of each such list shall be delivered, upon request, to thestate board of elections and to a person or officer designated jointly by the speaker56) >PROCEEDINGS PRELIMINARY TO REGISTRATION 4-102of the assembly and the temporary president of the senate. Surplus copies shallbe sold at cost. , , r •4 Any election district must be realigned when the total number of regis-trants! excluding registrants in inactive status, at the time of the preceding generalelection, exceeds the maximum number permitted by this section by at least fiftyregistered voters. . ^ •5. Any creation, consolidation, division or alteration of election districts inany calendar year shall be made on or before February fifteenth, and shall takeeffect on April first, except that when required by the creation or alteration of apolitical subdivision, other than an election district, m which candidates are to bevoted for at the next election, such creation, consolidation, division or alterationshall be made and shall take effect immediately upon creation or alteration ofsuch political subdivision. No such creation, consolidation, division or alterationshall be made between February twentieth of a calendar year ending m seven andDecember first of a calendar year ending in zero unless required by the creation oralteratio^no^f a poM jf j Lity ji tuim. faiL t^; ciuut^,. county whei'cin such city or town is lu^.>atcd, shall do so.]{Repealed, L 2005, ch 180, § 11, eff Nov 15, 2005.}§ 4-102. Maps; congressional, senatorial, assembly and election districts.1. The state board of elections, at the expense of the state, shall publish mapsshowing the county or counties contained in each of the congressional districts,senatorial districts and assembly districts of the state.2 Where a portion of a county is contained in any congressional, senatonal orassembly district, the state board shall publish a map showing the portion of suchcounty contained in each such respective district. Such map or maps shall showthe extreme boundaries of the portion of the county so contained, as described bythe street boundary and shall have printed thereon the names of the streets or public ways bounding the district; provided however, that where the extreme ^und-ary consists of the boundary line of any city, town or village, it shall be sufficientto so indicate, without showing or naming individual streets or public ways.3 The state board shall also publish three individual maps of each boroughof the city of New York, which shall show all of the congressional districts orparts thereof, all of the senatorial districts or parts thereof, and all of the assemblydistricts or parts thereof contained in such borough. Each such map shall showMatter in Ualics is aincnded or .dd.d; crossed-through matter U old law to be omitted. See effective dates.57 April 10, 2006 Town Board Meeting ATTACHMENT T T /TiAJ Jiilivift NEW YORK STATE DEPARTMENT OF STATEMjOCUL L/UW r UCrl^ 41 STATE STREET, ALBANY, NY 12231 ^ —— I > / N (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. "'Cgunty— -€rtr- nf ITHACA. Thwn -Vtttagg— Local Law No. — 7- of the year 20-06 A local law AMMPING..eMPTm„2.70..QE„THE„TQM„OE„ITHACA„CQIIE,...TLTLED (Insert TMe) ;'ZqNING'' j AND THE LANDS jyLpNG._M5-IEST DENSITYJRE^^^^ Be it enacted by the „_^QWN-BOARD of the (Name of Legislative Boiy) Caiinty of ITHACA as follows: Town A^ttlagc SEE ATTACHED PAGE 1 AND MAP DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) 0) / \ TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICIAL ZONING MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Rezoning of Lands. Chapter 270 of the Town of Ithaca Code, titled "Zoning," is amended by rezoning the area denominated by shading as "Proposed Conservation Zone" on the map attached as "Exhibit A" to this local law from its present zoning classification of Low Density Residential Zone to Conservation Zone. Section 2. Amendment of Zoning Map. The official zoning map of the Town of Ithaca, Effective April 1, 2004, Revised December 12, 2005, as amended to date, is hereby further amended by rezoning the lands described in this local law in the manner set forth in this local law. Section 3. Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. Effective Date. 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. CayugaLake ^ Cayuga M^ical Center useumt) theEa Lak^de Proposed Conservation Zone Existing Buildings (2005 data) * Property lines of tha EXHIBIT A Proposed Conservation ZoneData Source: Tomplcns County Information Techndogy Services, GiS Division 0.2 Miles Map produced 2/06 I \ (Complete the certiflcation in the paragraph that applies to the fliing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No 7.. of 20-9.®. ■■■APRTL"l8™"fig '•"'yiy!™..?.yAn£ on..MRIk.iP 20-06 in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 — , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - and was deemed duly adopted on 20 , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20- of the (County)(City)(Town)(Village) of was duly passed by the - - on 20— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the on 20-— . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the on 20 — . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was fi led as of - 20-- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of - State of New York, having been submitted to the electors at the General Election of November 20—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in dicated in paragraph—1 , above. ^ i/.ntf l L ivcbedyrGky, Ibwn ot Village Clerk or oflioer desigoated by local legislative body • n (Sea/) n...- April 13. 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF - TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ATTORNEY FOR THE TOWN Title Couniy ITHACA Town -Village i Date; ^ (.:> (3) TOWN OF ITHACA / ' AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that 1 am the Town Clerk of the Town of Ithaca, Tompklns County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published In the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICAL ZONING MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BLVD FROMLOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Monday, March 20,2006 Date of Publication: Wednesday, March 22, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) 83: TOWN OF ITHACA) Sworn to and subscribed before me this 22"^ day of March, 2006 ['flM Notary Public ^ CARRIE WHITMORE Notary Public, State of New York I No. 01WH6052877 Tioga County 'O ii'i Commission Expires December TOWN OF ITHACA NOTKBOF PUBUCHEARIHO NOTIGE IS HEREBY GIVEN, ihct fha,Toi^ Board oi fjie Tdwh 'of IH^a ^ will fibid d public hocnpg at. i^tO.O im fn^: TOfli day of 215 Norm^(^a S(feet,;iithdcd,NY ^^e 'pdiipbsd of con-, sidefing jfl Ipcaj law din^dlm of m^TdWn or imacd Cod®/ Tilled "Zoning", and Sio d^ cial Zoning Map'id rezone certain lands along and west of Toi^hahnock Boole- vord from low density resi dential zone to coriseivation zone. A copy of the pro- po^ 1^1 |dw is on file at tfte Tpyyh Clerk's Office and qvajteBle fd/ review during r^ulaf office hours, Mon day through Friday 8 a.m. to 4 p.m.; eind further NpTlclJf GIV EN, that place dl! interested in. tha;j>rojii^ed lo^. law. mdV. pd heard concerning the same; and FURTHER NOTICE IS GIV- EN, that indfriducils with vis ual or hearing impoinhents or other special needs will be provided with assistance as necessary, upon request. Persons desiring assistance must rnckf b (dquea to the Town Clerk hot less fiian 48 hours prior to the time of the public heoring. pcito AtefA jiO/2006 Tee-Ann Huitfer Town Cletk 3/22/06 I TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF ADOPTION: A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICIAL ZONING MAP TO REZONE CERTAINLANDS ALONG AND WEST OF TAUGHANNOCK BOULDVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Thursday, April 13, 2006 Date of Publication: Monday, April 17, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 17^^ day of April, 2006 Notary Pu CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 ' ^ Tioga County ^ y / Commission Expires December TOWN OF ITHACA NOTICE OF ADOPTION OF LOCAL LAW NOnCE IS HEREBY GIVEN, Hiot at o regular meeting held on the lOlh day April, 2006, the Town Boord of the Town of Irfjoco duly adopted the folbwing local Law: A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICIAL ZONING MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE Be it enocted by the Town Board of the Town of Ithoco as follows: Secrion 1. Rezpnlng ^ Lancls. Chapter 270 or the Town of Ithoca Code, titled Zoning,* is amended by rezoning the areo denomT noted shading as "Pro posed Conservation Zone" on tfre mop ottoched os 'Ex hibit A" to this local low from its present zoning clas- sificotion of Low Density Res idential Zone to Conserva tion Zone. Secrion 2. Amendment of Zoning Map. The oR^i- cial zoning map of the Town of fthaco, Efbctive April 1, 2004, Revised De cember 12, 2005, OS emended to date, is hereby brther amended by rezoning the lands descri bed in this locol low in the monner set forth in this locol law. Secrion 3. Porrial In validity. In thie event that ony portion of this law is de clared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affect ed by such decbfolion of in- volidity. Se^n 4. Effecrive Dote. This local bw sholl take effect upon publication of the local law or on ab stract of some in the official newspoper of the Town, or upon its filing with the New York Secretory of State, whichever is tf>e lost to oc- A complete copy of Ihe Lo cal Low is ovaibble for reading and inspecfion at the Town Clerk's office, 215 N. TJogo St., Ithoco, New York 14850, Mondoy through Friday, between the hours of 8:00 a.m. and 4:00 p.m. Date: April 13, 2006 Tee-Ann Hunter Tovm Clerk 4/17/06 Agenda Item No. 11 > \ \ i \ \ f \ Enclosed are Public Comments and Planning Board Recommendation Concerning the Proposed Local Law to Rezone Lands from Low Density Residential Zone to Conservation Zone FILE . DATE ADOPTED RESOLUTION:PB RESOLUTION NO. 2006-026 Recommendation to the Town Board j Regarding a Proposed Local Law to Amend the Town of Ithaca Zoning Ordinance (Chapter 270 of the Town of Ithaca Code) and the Map To Rezone Certain Lands Along and West ofTaughannock Boulevard from Low DensityResidential Zone to Conservation Zone Town of Ithaca Planning Board February 21, 2006 MOTION made by Chairperson Wilcox, seconded by Board Member Howe. WHEREAS, the Town of Ithaca ® CsermScraS^^^ WHEREAS, the Tnwn of Ithaca Park, ^recommends Conservation Zoning as. a means to P[ , gs, and the , ^ gorges and ravines, key stream comdois, and other signfflrant n^ra ate ^ , ,Plan includes a map entitled "Potential Zoning Development Rights Target Areas/ the Town ofTaughannock Boulevard fr®;" zoning": and Ulysses municipal boundary, as recommenae WHEREAS, «. Unl,ue A™. SS 2000) conducted by the Tompkins „ .gj. -gHg UNA-97), located alongIdentifies the "Indian Creek Gorge and La^e Slopes arid describes the area and west of Taughannock ® havlna scenic and aesthetic value, development", and WHEREAS. 111. efforts to insure protection, and PB RESOLUTION NO. 2006-026 PAGE 2 ( \ ( \Need for Protection" (12/2/06), and based on that documentation, have recommended a delineated area to be re-zoned to a Conservation Zone based on the need to protect the areas rich ecological and scenic resources, and to minimize long-term impacts posed by development on the steep slopes (and erodible soils), including uncontrolled erosion and sedimentation, degraded water quality, increased stormwater runoff, and concerns for slope stability, and WHEREAS, the Town Board of the Town of Ithaca in Resolution No. 2006-050 has referred the request to rezone the above-described property to the Planning Board for a recommendation, and WHEREAS, the Town of Ithaca Planning Board has held a public hearing on February 21, 2006 to consider comments from the public regarding this rezoning request, NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Planning Board, pursuant to Section 270-236(H) of the Town of Ithaca Code, hereby finds that: 1. There is a need for a Conservation Zone in the proposed area to protect valuable natural resources and environmentally sensitive lands, and 2. The existing and probable future character of the neighborhood will not be adversely affected by the proposed rezoning, and 3. The proposed rezoning is in accordance with a Comprehensive Plan of development of the Town, and BE IT FURTHER RESOLVED, that the Town of Ithaca Planning Board hereby recommends that the Town Board adopt a local law to amend the Town of Ithaca Zoning Ordinance (Chapter 270 of the Town of Ithaca Code) to rezone Lands Along and West of Taughannock Boulevard from Low Density Residential Zone to Conservation Zone, denoted by shading as "Proposed Conservation Zone" on the map attached to the draft local law. f \ ( \ ! \ f \ i \ rs \ ( \ From: Rosalind & Salvatore Grippi • 9 Orchard Hill Road, Ithaca N.Y. 275-0937 2/21/06 'k 'i ^ I? r n i ""j :• I 'i: li:) R |! FEB 2 1 2006 Regarding Consideration of Zoning for for the Slope between Routes 96 Md 89 presently under consideration by Ithaca's Planning and Town Boards: We regret that we were unable to attend public meetings on the subject scheduled by the Planning Board. However, we want to bring the following to your attention, here quickly put together from notes and Town niinutes(l988-89) we retamed from public discussions on the application of Lake Cayuga Estates, a Chicago developer, for homes on tiie slope extending toward Rte 89 from Orchmd hill Road. That plan was subsequently dropped (only temporarily we fear) because of numerous problem^ brought forth in protests by tiie public and through alert, patient analysis by Town officials, engineers, technicians and planners as well as New York State officials. Members ofthe Planning Board "walked the site ...saw all the ravines ...andalotof water going down in different direction''and judged it "a very beautiful piece of property."(1988) (In that period there was also a document entitled, we Tompkins County, Dept Planning, Comprehensive Plan S^es" 1975 (something like that) that described the unique woodland treasures of the west hill slopes.) A very brief summary of some ofthe points brou^t iq) in the meetings re. the Chicago development: a) interference with natural drainage (illegaUties of diverting one natural drainage flow into another natural drainage flow). , cxa a b) An exit onto route 89— with the threat of any connec^ new roadway between 96 md 89 eventually becoming a major thoroughfere (especially with traffic backed up on 96 c) Necessityfor three pump stations that would be dedicated to the public domain (Le.upkeep by tiie Town). d) The slope is a natural winter wild-life refuge; the area has a 100 year old forest; it contains species of identified endangered plants that must be protected One opinion eiqiressed concern that garden planting( introduced by new residences) might overrun and replace the rare species. "This woodland forms part of an inqxirtant I«^ , viewshed which stretches from within tiie City of Ithaca northward along Cayuga LakeJt is a portion of an identified wildlife wintering area." e) One resident fixim Rte 89 who was chosen to represent many, spoke of salt (^m roads) and herbicides and pesticides running downhill throu^ their propolies andii^^yuga Lake.The matter of overloading the land was raised and runoff of water from paved Roads. She said "The whole thing is an outrage". , i u f)The slope of land was an important issue—12% grade exceeded the limit for school buses. service vehicles, mail delivery, fiie trucks—considering also winter ice conditions- Mr May (Town Official) stated that in good conscience he could not approve a drop of 40 to 50 feet going uphill in a relatively small lot; that the density was too high for this piece ofpropertyirregardless of zoning). g) The Town would be responsible for the salting of the roads (and keeping salt fiom CayugaLake and from properties below.) h) It was pointed out that the soil types (HZE and HsD3) are considered unst^le and not recommended for building foundations (ISDA Soil Survey). HZE is likewise considered "unstable for highways" as is HdC HsC3 and HSD3—"poor tiafBcabiUty... probably too wet to use in compacted fill...usually unstable as subgrade". I) When the State was considering (1975?) a new location for Trumansburg Road, among the voices protesting a plan to have route 96 running along the slope of West Hill, was the matter of noise: This plan threatened to tum Cayuga into a sounding board that projected roadnoise bouncing from hill to hill. Attention should be paid to this. We were standing near the ho^ital v^en the lake was finzen and the acoustics were remarkable. We heard the trafBc noise from Route 13 across the lake- vhich sounded closer than Rte 96 only several yards away. Consider tiie noise finm Rte 13 at rush hour \^en sitting on a park bench at Stewart park.If we disturb the buffering landsc^qpe on West Hill's slope, we may make our parks (Stewart, Cass Park and the Marina area) noisier than our cities(and consider Ithaca's plans for Inlet Island). J) Should we be cautious that development on the slopes not interfere with Plans by the State for use as bike patii along the RR bed? K) Our alert Town Engineers observed that some houses in the Chicago plan would be flooded. We apnlngiyj* for this bastUy composed and hastily typed list. We want to get tiiis before you while you are still actively consid^ing the matter. We appreciate you attention. f s f > r \ \ \ f \ Cayuga Medical Center at Ithaca ii^ [I d ^ 0 w g M V! • r i laijFEB 9 2006 1 TC' iTH.ACA iir^GiNEERING February 3, 2006 Ms. Catherine Valentino Town Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, New York 14850 Dear Ms. Valentino, Thank you all for meeting recently regarding the three items relative to the medical center. I felt it important to summarize our thoughts following the meeting. Biggs Building: HOLT and Trowbridge & Wolf will be coordinating all of the necessa^ documents to initiate the approval process to remove the Biggs Building. The medial ^ ^ ^ desires to remove this facility very soon for the numerous public safety reasons we articulated. We believe we can be prepared to submit the materials you need in early February. Proposed Conservation Zone: With respect to the proposed Conservation Zone, while we have a philosophicalagreement that much of this land should remain "green", our meeting 'teightened oi^ conoem, due to specific aspects of the proposal. As we discussed, the following items need to be addressed in detail: 1 There seems to be no language in the Conservation Zone proposal that addresses either "medical facilities" or "Institutional faalities . The PraP«®3l only states the size of a residential home per acre of property, and does not address any Institutional Issues. There needs to be specific language regarding^ institutional usage, and the scope of development that would be allowed. 2. The boundary line appears to be located on or extremely close to the present tree line east of the medical center, which Is located much too ^ existing facilities. The significant portion of the medical would be placed Into this proposed zone, and I assume tt^ere would also set backs from the zoning boundary. The boundary line clearly would need to be moved east a distance from the present proposal. 101 Dates Drive Ithoco.New York 14850-1383 607.274.4011 607.274.4527fax D ( ( 3. How will future development of the medical center in the next 50 or more years be effected, since the proposed zoned property located east of the medical center is on a downward slope? We are verv concerned that future improvements or expansions could be hindered by concems over the impact to an adjacent conservation zone. 4. While I don't have exact location, but it appears that our recent storm water detention area is presently within the proposed zone. 5. We were quite surprised that the Town had progressed with the proposed zoning modification, assimilating a significant number of CMC's property, without contacting us prior to December's initial informal meeting notice. With the upcoming meeting on February 9,1 felt it important to convey CMC's initial concerns to you prior to that event. We are very willing to reconvene at your convenience to work through the multiple issues noted above. Overall Zoning of CMC Properties: Lastly, since we were out of time and unable to discuss the topic of zoning. As I briefly ^ stated, our property is presently zoned within multiple zoning ordinances which really dc not represent a hospital. The Village of Lansing re-zoned the Convenient Care Center area a "health and human services" zone a number of years ago, which has eliminated issues, such as the "need" issue, that prolonged the radiation medicine facility development a few years ago. We are very willing to continue to meet and discuss the items noted above in order to reach an appropriate resolution for everyone. We appreciated your time at the most recent meeting. V^iylruiy yours. V Joseph W. Fitzgeral Vice President, Business Development CC: Jonathan Kanter Susan Ritter / , ^ PB RESOLUTION NO. 2006-026 PAGE3 \ \ vote on the Motion resulted as follows; AYES: Wllcox, Hoffmann, Conneman, Thayer, Howe. Talty. NAYS; None. ABSENT; Mltrano. The Motion was declared to be carried. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, r.r^ WhMmore. De|»it» Toimi Cleik of We ^o™ ^ 1^. fho 2,/d„ o, hiuii to IaiIaJU) Deputy Town (^le^k Town of Ithaca \ / > \ f \ ■rom: >ent: *o: lubject: Jonathan Bernstein [loosegoose4@usadatanet.net]Tuesday, February 21,2006 12:49 PM Cathy . jT jiprotecting natural area around Black Diamond Trail rust writing to lend my support to those measures whic which ill natural areas in the vicinity of therour Board has jurisdiction. I'd like to see the trail beinhanced, safe route for human powered transit on the we /lave worked to clear the trail to that end. Whatever you can do tolelp the trail persist would therefore be much appreciated. Jonathan and Alex Jonathan A. Bernstein Insurance Loss Control :ell 607 426-1845(V) Land 607 387-5647 Cathy From: Thomas Reimers [nyhlker@localnet.com] Sent: Tuesday, February 21,2006 3:05 PM ' | To: Cathy Subject: Conservation zone Dear Supervisor Valentino, I urge approval of the conservation zone proposed for West Hill. I have hiked parts of the area behind Cayuga Medical and found it to be very beautiful. It is worth protecting with the re—zoning. Thank you. Regards, Thomas J. Reimers 210 Wildflower Drive, unit 3 Ithaca, NY * / I 1 :rom: David Ackerson [dackerson@ithaca.edu] Sent: Tuesday, February 21,2006 12:10 PM To: - Cathy Subject: Conservation zoning Dear Ms. Valentino, Cm writing in support of the Town of Ithaca proposal to rezone land ^oute 89 from Low Density Residential to Conservation. Unfortunately, vork obligations prevent me from coming to the meeting tonight. rus /ou will convey my concerns and opinions to the board. ^s a resident of the Ithaca area I am always concerned about the issues development and it's impact on the region's beauty and environment. I oelieve that zoning the land in question as a conservation zone will to^prevent future degradation of the environment along the west shore of the lake by reducing the potential for increased runoff from the s e p topography and erosive soils that characterize the area. In addi ion, scenic beauty of the southern Cayuga Lake basin will be protected by 1 saving this area as mature forests. As c nstructor in the Recreation Department at Ithaca College, I am part ilarly concerned about the impact that development of any density will ive on the proposed Black Diamond Trail. This trail has t e pote. j^al to be a key link in the recreational and tourism infrastructure , in this region. Protecting the undeveloped land through which the trai passes should be seen as an investment in the economic future of this region. In addition, from a professional perspective^ the trail will provide Ithaca College students with a unique educational opportunity there are very few recreational trails in the country of this qua i y. Thank you for the opportunity to express my opinion, David Ackerson =ron™; Sent: To: Subject: David I. Schwartz [dschwar3@twcny.rr.com] Tuesday. February 21,2006 12:32 PM Cathy Black Diamond Trail: support for Conservation Zoning ' ) Dear Ms. Valentino, Just recently I was alerted about an initiative to rezone a section of Land along Taughannock Blvd (Rte.89) from low density residential zone to conservation zone. Phis conservation zoning should ensure that the contiguous natural areas (the forested slope, the streams and gorges, etc.) stay relatively unharmed as Ithaca grows and develops. In addition, the conservation zoning should help to facilitate the development of the Black Diamond Trail. Given the popularity of trails improvement of quality of life, I hope that the Board strongly considers the conservation zone initiative. thank you, David I. Schwartz 100 Graham Rd, Unit lid Ithaca, iJY 14850 257-7980 ( \ I I Frc Ser ^ To Subject: Pamela D Shade [pds9@comell.edu] Tuesday, February 21,2006 10:19 AM Cathy black diamond trail Dear Cathy, I am a resident in the town of Ulysses. I would like to submit my support . J m •1 T for conservation zoning along the proposed Black Diamond Trail. i frequently walk along a 2 mile section of the trail in my neighborhoo . This section of trail is home to a diverse range of wildlife including turkey, deer, coyote, rabbits, and a host of song birds. There are many species of native trees and plants as well which are encroached upon a rapid pace by residential development. Please represent my position on this matter at this evening's town meeting. Sincerely, Pamela Shade 4076 Garrett Rd. Ithaca, N.Y. From: Sent: To: Subject: Liz Brown [etb2@comeli.eclu] Tuesday, February 21,2006 11:25 AM Cathy conservation zoning initiative Hello, I'm writing to express my strong support for the initiative currently being considered by the Town of Ith land^along Taughannock Blvd is of inestimable value to Ithaca, and I urge the town to protect it in every way possible. Thank you, Liz Brown Liz Brown Cornell Plantations 255-2408 / \ Page 1 of 1 s hi . m: csinclair@alum.rpi.edu Sent: Monday, February 20,2006 12:50 PM To: Cathy Subject: black diamond trail I live on West Hill and I use the Black Diamond Trail all year for hiking and/or skiing. T^e I use most often is between Cass Park and Glenwood Pines (where I stop for lunch before heading home), would go all the way to TWg if possible. I do hope that the Tovm of Ithaca mak^the decisons necessary to insure public right of way for the trail. A "Conservation zone would be a possi e so u as would a "conservation easment" to protect the path for the future. Thank you. Mary Sinclair M Sinclair PO Box 538 Ithaca, NY 14851 (607) 277-0584 home c;i^lair@alum.ipi.edu V =rom: Theo [cit4@comell.edu] Sent; Monday, February 20, 2006 4:52 PM To: Cathy Subject: Rt 89 Conservation Corridon YES Dear Catherine- . , • >ly name is Carol Theobald and I reside at 142 Indian Creek Rd, owning oroperty that includes a stretch of Indian Creek, just above the unique ^latural area designation. I applaud the thinking and efforts tha lopefully will rezone the Rt. 89 corridor as a conservation zone. I am writing in strong support of efforts to keep in tact open green space and «« protect the fragile hillside along the Rt. 89 corridor. I have hiked, skied, hiked, and walked the dog along the trail just above . 4. Rt 89 for the past 12 years. It has been a lovely green commute to town. The view of small waterfalls from the trail is exquisite, the birding delightful and the lake views when the leaves drop is stunning. was crushed when the the logging started, and then a house was squeezed in < \ / to the hillside between the old railroad grade and Rt. 89 last year. driveway, steep runoff, and an obtrusive structure blundering an oth63rwxs0 pristine walk. (I'm sure it's a lovely house on the inside, and someone excited to live there.) However, now I feel like I'm walking in someone's ^ ^ backyard, the hillside has been plumaged and I fear that the caliber open space forever scarred in that area. I am hopeful that some day the Black Diamond Trail will come to connecting Ithaca to Taughannock State Park by a footpath. In an effort make that trail as high caliber as of many of our other local trails and green spaces, it would be advantageous to maintain the park-like, undeveloped quality that the trail currently enjoys between Cass Park ctncl Glenwood Hts. Rd. It will be through vigilant, responsible land planning that this will happen. I commend the efforts of the Planning Board to act responsibly and the^fragile soils and unspoiled hillsides that make the Rt. 89 corridor valuable green space worthy of conservation zoning. Sincerely, C. "Theo" Theobald ' 142 Indian Creek Rd ' \ Ithaca, NY 14850 f i > Monday April 10, 2006 Dear esteemed board members of the Tovm of Ithaca: I am writing to offer my support for the change from low density residential zoning to conservation zoning for the land along Route 89 in the Town of Ithaca. I write primarily out of interest in the Black Diamond Trail project, and I support this zoning change as it will help to preserve the integrity of the corridor as a natural area. I also support any work that the Town of Ithaca is doing and will do in conjunction with New York State Parks toward the timely completion of the Black Diamond Trail. The Black Diamond Trail Enthusiasts Network (BDTEN), a new and growing citizens group to which I belong, has come together with the focused intention to work with all parties involved to help hasten the process towards completion of this project. Started this January, our email list has over 40 members and is growing quickly. As we talk among ourselves and with others, we are finding that many residents of Ithaca and the surrounding area are anxious for the opportunity to travel the railway corridor from Ithaca to Trumansburg, a route that when complete promises to be a safe, healthy, economical and scenic alternative to using our cars. I look forward to further discussion with you about this project, and I commend your efforts to safeguard the integrity of this unique natural corridor. Yours truly. Victoria Armstrong 219 Auburn Street Ithaca, NY 14850 ^ 607 277-0309 ^ vjarmstrong^"fltg.net ! 1 Full Environmental Assessment Form - Part I Addendmn Development Potential To compare and calculate the number of housing units that could be accommodated under the existing zoning with that under the proposed zoning, it is necessary to first determine the acreage that could be reasonable developed. For the purposes of this analysis, stream corridors, slopes 25% or greater, and soils considered unstable for development purposes were removed from consideration. For the stream corridors, each stream reach was provided with a fifty-foot buffer on each side of the stream channel, and the acreage of the buffered area subtracted from the development potential. For slopes 25% or greater, the USGS topographic information (10' contours) was used, along with the Tompkins County Soil Survey as a guide. Areas of 25% slopes were identified, and delineated as a polygon, and the polygon acreage was calculated. Additional areas of 25% or greater were within the site were noted, but these were in small isolated areas and not easily calculable. As described above, the Dunkirk-Hudson soils are considered unstable and present a potential hazard if developed on without remediation. Development on these soils would be expensive and difficult because of the extra precautions and soil importation needed to stabilize the slopes for road construction and create stable and weight bearing house pads. While sparse individual housing sites could potentially be developed, full-scale development would be prohibitively expensive and unwise. For that reason, areas identified as having Dunkirk-Hudson soils were removed from the development potential calculation. The total acreage amounts for each of the environmental constraints is as follows: Environmental Constraint Totals Parcel #Acres within Total Acres of Total Acres Total Acres Conservation Hudson-of Stream of > 25% Zone Dunkirk Soils Buffer slopes w/ >20% slopes 22.-2-2.2 59 2.0 18.60 - 24.-3-2.21 81 44.7 16.9 - 24.-3-3.2 66 35.72 16.6 11.92 26.-4-2 31 24.34 1.62 14 26.-4-3 7 0 0 7 Before the environmental constraints can be subtracted from the developable acreage, the overlapping areas of stream buffers, steep slopes, and Hudson-Dunkirk soils needed to be determined, and subtracted out. The table below provides modified totals for the stream buffers and steep slope calculations. These amounts were reduced where they coincided with Hudson- Dunkirk Soils, or when they overlapped with one another. Full Environmental Assessment Form - Part I Addendiun Environmental Constraint with Overlap Acreages Removed Parcel #Acres with in Acres of Hudson-Acres of Acres of Developable Conservation Dunkirk Soils w/Stream >25%Acreage Zone >20% slopes Buffer (overlaps removed) slopes (overlaps removed) 22.-2-2.2 59 2.0 18.2 -38.8 24.-3-2.21 81 44.7 8.4 -27.9 24.-3-3.2 66 35.7 5.7 2.7 21.9 26.-4-2 31 24.3 <0.1 4.7 2 26.-4-3 7 7 0 (Current residence only) The number of potential housing units were calculated based on the number of developable acres, as calculated above, the allowed density in the zones, as modified by a buildable area factor and an accessory apartment factor. The buildable area factor accounts for streets, parks, or open space, and other land not actually devoted building lots. Parcel #Developable Acreage Density Lots/ Acre Buildable Area Factor Accessory Apartment Potential New Units 22. -2-2.2 38.8 1.5 .80 1.10 51.2 24.-3-2.21 27.9 1.5 .80 1.10 36.8 24.-3-3.2 21.9 1.5 .80 1.10 28.9 26.-4-2 2 1.5 .80 1.10 2.6 26.-4-3 0 1.5 .80 1.10 0 - Only current residence I \ ' ^ Potential Housing Units - Conservation Zone - Proposed Zoning Parcel #Developable Acreage Density Lots/ Acre Buildable Area Factor Accessory Apartment Potential New Units 22.-2-2.2 38.8 .14 .80 1.10 4.8 24.-3-2.21 27.8 .14 .80 1.10 3.4 24.-3-3.2 21.9 .14 .80 1.10 2.7 26.-4-2 1.96 n/a n/a 1.10 1.10(1 residence) 26.-4-3 0 n/a n/a 1.10 No additional, only current residence. In total, under the current Low Density Residential Zone, approximately 119.5 housing units could potentially be built, as compared to 12 housing units under the proposed Conservation Zone. / \ Rezoning of Certain Lands Along and West of Taughannock Blvd. State Environmental Quality Review Part I - Project Information C. Zoning and Planning Information 3. What is the maximum potential development of the site if developed as permitted by the present zoning. The proposed rezoning will affect approximately 276 acres of land currently zoned Low Density Residential (LDR). The LDR zone allows a minimum lot size of 30,000 square feet (1.5 lots per acre), while the Conservation Zone allows a minimum lot size of 7 acres (0.14 lots per acre). Of the 276 acres, approximately 33 acres would not be affected by the rezoning. This includes +/-17.3 acres that comprise the abandon railroad corridor (future Black Diamond Trail). The remaining parcels range in size from 3 acres to 0.3 acres in size and are relatively narrow slivers of land confined by the abandon railroad/ftiture trail to the west and Taughannock Blvd/State Route 89 to the east. It would not be expected that any further subdivision of these parcels would be granted by the Planning Board in light of the fact that all but one of these parcels are currently non-conforming lots, all having a lot depth of less than the 200 ft. required in the Low Density Residential Zone. (Just one parcel (.94 acres in size) located at the most northern extent of the Town of Ithaca has adequate depth.) Further, seven of these parcels (5.1 acres) are held by persons who have a residence directly across Taughannock Blvd., on the eastern lakeshore side, and acquired the property on the west side coincidentally. It is likely that these parcels, separated by Taughannock Blvd., were at one time contiguous and separated when the State road was built. These separated parcels have continued to be associated and sold together when the lakefront parcels have changed ownership. Several of the parcels (4.5 acres total) are isolated portions of the much larger parcels that lie on the west side of the abandon railroad corridor/future trail. The remaining +/- 5.81 acres, is comprised of two single parcels, 2.5 and 3.3 acres in size, that are not associated with any other parcels. One of these contains a recently constructed single-family residence. The remaining 243 acres of undeveloped land on the west side of the abandon railroad corridor/future trail consists of five individual parcels with the following information: Parcel #Total Acres Acres within the proposed Conservation Zone Development status 22.-2-2.2 58 58 Undeveloped 24.-3-2.21 98 81 Some disturbance (dirt road, fill site) within the proposed CZ 24.-3-3.2 105 66 Undeveloped 26.-4-2 35 31 Undeveloped 26.-4-3 14 7 1 single-family residence on parcel but outside proposed CZ Full Environmental Assessment Form ~ Pail I Addendum Natural Features The 243 acres of land is largely undeveloped forest that extends along a corridor from the City of Ithaca municipal boundary to the Town of Ulysses municipal boundary for almost two miles. The land is situated along the west-facing slope of the Cayuga Lake valley. Slopes within the proposed Conservation Zone are generally greater than 10%, with approximately 116 acres having slopes greater than 20%, including approximately 33 acres that have slopes greater than 25%. Numerous streams (approximately 22) traverse down the steep slopes and into Cayuga Lake. In many cases these fast moving streams have created small gorges with steep sided walls. The two largest streams are named and known as Indian Creek and Williams Glen. The land proposed for Conservation Zoning is also dominated by highly erodible soils. The major soils that exist on the site include Hudson-Cayuga silt loam (HuB, HuD, HuB3), Hudson- silty clay loam (HsD3, HsC3), Hudson and Dunkirk (HzE), and to a lesser extent, Lordstown, Tuller, Ovid soils (LtC) and Lordstown soils (LoF). Several other soils types exist in very small areas. The classifications are provided from the Soil Survey for Tompkins County (USDA, 1965), which describes the relative natural erodibility of the soils as being a function of soil texture, including coarse fragments and degree of slope. According to the Soil Survey, the Hudson-Dunkirk (HzE) soils are considered unstable for road construction, building foundations, embankment foundations, and infiltration systems, and are not recommended for these purposes due to the soil characteristics and the steep slopes they exist on (20% and greater). Within the 243 acres, approximately 106 acres are composed of Hudson- , * Dunkirk soils. > I The Hudson-Cayuga silt loam soils (HuB, HuD, HuB3) (53 acres), and Hudson-silty clay loam (HsD3 and HsC3) (52 acres), have their limitations for engineering purposes, with low to moderate bearing capacity, but these were not characterized as having as severe a limitation as the Hudson Dunkirk soils. The Lordstown, Tuller, Ovid soils (LtC) (13.74 acres) are described as shallow to very shallow soils over bedrock, and occur in an area south of Indian Creek gorge where slopes are 15 % or greater. These soils are described as having very limited uses because of the shallowness to bedrock and their low water-holding capacity. The Soil Survey describes runoff as rapid and erosion as hazardous, and that this soil unit should remain in vegetation as a protection against erosion. Construction of buildings is possible, as the sites have high bearing capacity, but large- scale development for roads and utilities would be very costly to develop in the bedrock conditions. The Lordstown soil (LoF) (10.33 acres) is a very shallow soil that exists in the very steepest portions of the site, in the southeastern portion, where slopes are greater than 25%. The Soil Survey states that these soils are too steep for uses other than forestry, wildlife, or recreation. 2. What is the zoning classiflcation(s) of the site? Low Density Residential 3. What is the maximum potential development of the site if developed as permitted by the present zoning? See Attached Analysis 4. What is the proposed zoning of the site? Conservation Zone 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? See Attached Analysis 6. Is the proposed action consistent with the recommended uses In adopted local land use plans? Both the Town of Ithaca's Comprehensive Plan (1993) and Park, Recreation and Open Space Plan (1997), state the Town's commitment to ensuring protection of sensitive environmental resources and target this general area for protection. What are the predominant land use(s) and zoning classifications within a Ya mile radius of proposed action? Residential, agriculture, medical complex, nursing home, museum and research center, and open space (including Cayuga Lake). Zoning classifications include Low Density Residential, Lakefront Residential, Medium Density Residential, Multiple Residence, Office Park Commercial, and Planned Development Zone. 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y* mile? ^0^®^ d 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I j Yes 1^ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? □ Yes 13 No a. If yes, is existing capacity sufficient to handle projected demand? Yes □No 12. Will the proposed action result in the generation of traffic significantly above present levels? □ Yes 0 No a. If yes, is the existing road network adequate to handle the additional traffic. □ Yes I ] No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impactsassociated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. ^ E. Verification \ I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name q-P iQiOio Date M- I 3 j OU Signature . ICOXj^ Title "f\ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding vAdth this assessment. Page 10 of 21 f \ I > e. If yes, explain 17. Will the project involve the disposal of solid waste? □ Yes E No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? L-JYes i* iNo 19. Will project routinely produce odors (more than one hour per day)? □ Yes PHno 20. Will project produce operating noise exceeding the local ambient noise levels? □ Yes B No 21. Will project result in an increase in energy use? □ Yes [3 No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local. State or Federal funding? □ Yes I*i No If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board E Yes □ No Type Submlttal Date Rezoning City, Town, Village Planning Board I I Yes I 1 No Recommendation to Town Board City, Town Zoning Board City, County Health Department □ Yes I 1 No □ Yes i - J No Other Local Agencies I f Yes □ Other Regional Agencies No □ Yes □No ( ' ( ^ state Agencies Clves C!No Federal Agencies n Yes □No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? j ■ jYes | | No If Yes, indicate decision required: B Zoning amendment Zoning variance □ New/revision of master plan □ Site plan □ Special use permit □ Resource management plan □ Subdivision^'**N I I Other ( \ Page 8 of 21 Is the site served by existing public utilities? Q Yes 0 No a. If YES, does sufficient capacity exist to allow connection? □ Yes □ No b. If YES, will improvements be necessary to allow connection? □ Yes P]No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and304? □Yes 0 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? fl Yes m No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes 0No B. Project Description Cayuga Medical Center and Tompkins County have used a small area on site for material deposition. 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 0 acres. b. Project acreage to be developed: 0 acres initially; 0 acres ultimately. c. Project acreage to remain undeveloped: N/A acres. (+/. 276 acres to be rezoned) d. Length of project, in miles: N/A (if appropriate) (a length of +/-1.8 mile along Taughannock Blvd. to be rezoned) e. If the project is an expansion, indicate percent of expansion proposed. N/A % ^ f. Number of off-street parking spaces existing N/A ; proposed g. Maximum vehicular trips generated per hour: N/A (upon completion of project)? h. If residential: Number and type of housing units: N/A One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? N/A tons/cubic yards. 3. Will disturbed areas be reclaimed [^Yes [^No CDn'A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? □ Yes □ No N/A c. Will upper subsoil be stockpiled for reclamation? □ Yes [U No N/A 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-Important vegetation be removed by this project? □ Yes r^l No , , I 6. If single phase project: Anticipated period of construction: N/A months, (including demolition) ' ^ 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? □ Yes □ No 8. Will blasting occur during construction? □ Yes □ No N/A 9. Number of Jobs generated: during construction N/A ; after project is complete 10. Number of Jobs eliminated by this project N/A . 11. Will project require relocation of any projects or facilities? □ Yes H No If yes, explain: 12. Is surface liquid \A/aste disposal involved? LJ Yes H No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I I Yes I " 1 No Type 14. Will surface area of an existing water body increase or decrease by proposal? □ Yes If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? □ Yes I EJ No 16. Will the project generate solid waste? □ Yes [3 No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? □ Yes □ No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyos D No ^ t \ Page 6 of 21 Please Complete Each Question-Indicate N.A. if not applicable A. SITE DESCRIPTION ' Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: n Urban □ Industrial Commercial □ Residential (suburban) □ Rural (non-farm) □ Forest □ Agriculture Other One residential site, an electric utility corridon a fillsite, and a future trail corridor currently used bv residents for recreation. 2. Total acreage of project area: +/- 276 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) gravel road and old railroad bed PRESENTLY AFTER COMPLETION < 1 acres Unchanged acres +/- 270 acres Unchanged acres 0 acres Unchanged arrp«; Unknown acres Unchanged Unknown acres Unchanged acres <1 acres Unchanged acres < 1 acres Unchanged acres 5 .acres Unchanged acres 3. What is predominant soil type(s) on project site? a. Soil drainage: I I Well drained % of site □ Moderately well drained <0.1 % of site. 0Poorly drained J£5£% of site +/- 44 % has a low to moderate infiltration rate b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N/A acres (see 1 NYCRR 370). (Nq US NRCS defined Prime Soils on site) 4. Are there bedrock outcroppings on project site? H Yes □ No a. What is depth to bedrock unknown (in feet) 5. Approximate percentage of proposed project site with slopes:__ __ ^ (Data source Tompkins County Soil Survey andI lo-l 0% +/- 4 % 1 flO-15% +/- 32% I 3 j 15% or greater +/- 64% USGS Topographic data) 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? | | Yes I * I No jju-gg buildings eligible for listing on State 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? □ Yes I * Ino 8. What is the depth of the water table? unknown (in feet) I '9. Is site located over a primary, principal, or sole source aquifer? I lYes El No __ Hunting possible, but10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I I Yes I I No only with private owners approval. Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? □ves 0 No According to: i Tompkins County Environmental Management Council Unique Natural Area Inventory has identified only locally rare and scarcj ) plants on site. ! Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? Hves n No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? 13 Yes FIno If yes, explain: The abandon railroad grade (proposed for the Black Diamond Trail) is used for biking, walking and skiing. Walking trails on the hospital property are used by employees and visitors. / 1 14. Does the present site include scenic views known to be important to the community? [^j^es PIno The two miles of continuous forest corridor along the west-facing slope of Cayuga Lake and extending many miles to the north, is often mentioned (County Comprehensive Plan, UNA Inventory) and is part of the Cayuga Lake Scenic Byway. 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which It is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: Page 4 of 21 ' April 10, 2006 Town Board Meeting ATTACHMENT #5 617.20 \ Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose; The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. it is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also Identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project; i ^ I Part 1 I' *^."1 Part 2 I jpart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: E A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* □ C. The project may result in one or more large and important impacts that may have a significant impact on theenvironment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Rezoning - Enactment of a Local Law to Amend Chapter 270 of Ithaca Code, Titled "Zoning" and associated map Name of Action Town of Ithaca Town Board Name of Lead Agency Catherine Valentino Town Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) April 10, 2006 Date Page 1 of 21 PART 1 "PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the i \ environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the ' application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action of approximately 276 acres from Low Density Residential to Conservation Zone Location of Action (include Street Address, Municipality and County) Areas along and west of Taughannock Boulevard Name of Applicant/Sponsor Town of Ithaca Town Board Address 215 N. Tioga Street City / PC Ithaca State NY Zip Code 14850 Business Telephone (607)273 - 1747 Name of Owner (if different) Various property owners, see enclosed information / Address ' ^ ^ ^ I " City/PC State Zip Code Business Telephone Description of Action: The proposed action is the enactment by the Town of Ithaca Town Board of a local law that would amend the Town of Ithaca Zoning Ordinance and Map to rezone certain lands along and west of Taughannock Blvd. from Low Density Residential to Conservation Zone. This area proposed for rezoning is considered environmentally sensitive and includes natural and scenic resources considered to be of significance to the community as indicated in the Town's Park, Recreation, and Open Space Plan (1997) and Comprehensive Plan (1993), and as summarized in the Town of Ithaca Planning Department draft report entitled "Indian Creek Gorge & Lake Slopes Unique Natural Area - It's Significant Natural Features and Need for Protection" (12/2/05). The Town seeks to minimize environmental impacts to this area from future development by reducing residential densities and encouraging sensitive land use. The Conservation Zone provides a mechanism to achieve this goal by minimizing development to one house per seven acres, and providing additional protective measures and guidelines as outlined in Article V. of the Town of Ithaca Code. The area proposed for rezoning is identified on Exhibit A of the proposed local law, which is enclosed. I * ' "I Page 2 of 21 Map Attachment - Environmental Assessment for Rezoning Proposal Hudson/Dunkirk Soils, Slopes 25% or greater & Stream Buffers A Cayuga Lake Hudson Dunkirk Soils w/ 20% slopes or greater Proposed Conservation Zone Topography Stream Buffers Slopes of 25% or more Parcels In CZ under analysis Parcels In CZ not In analysis Existing Buildings (2002 data) Abandon railroad corridor/future trail 1400 Feet Map Date 3/28/06 Rezoning of Certain Lands Along and West of Taughannock Boulevard State Environmental Quality Review Part II - Description of Project Impacts and Their Magnitude Impact on Aesthetic Resources 11. Will proposed Action affect aesthetic resources? The project will have a positive impact on aesthetic resources. The area proposed for rezoning, set along the west slope of the Cayuga Lake valley, is distinguished by its wide continuous corridor of largely undeveloped forested lands that extends from the City of Ithaca municipal boundary throughout the Town of Ithaca for almost two miles. This forested landscape provides a prominent and important scenic resource, especially as seen from Cayuga Lake and points east and south of the lake. Scenic and aesthetic values were cited as one of several reasons for the Tompkins County Environmental Management Council (1999) to designate a large portion of this area as a Unique Natural Area (the Indian Creek Gorge and Lake Slopes UNA). This wide swath of forest, up to 2000 feet wide at the northern municipal boxmdary, extends on into the Town of Ulysses for another half mile, becoming a mix of forest and agricultural land with sparse interspersed development that extends to the north for many miles. As seen from the east side of Cayuga Lake, Ae forested hillside of the west slope is a prominent view that extends for miles from the City of Ithaca and well beyond Taughannock Falls State Park. This is the type of scenic quality that has led to the NYS designation of the Cayuga Lake Scenic Byway ihat extends for 86 miles around the lake, and is an important feature that gives the town and surrounding area its special character. By rezoning the land to Conservation Zone, with its lower density of one house per seven acres, as well as requirements for clustering development, this valuable scenic resource is likely to remain largely intact, and not be replaced by views of housing developments. Impact on Open Space and Recreation 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? The project will have a positive impact on open space and recreational resources. The future Black Diamond Trail traverses the entire extent of the proposed Conservation Zone from north to south. This 15 mile multi-use trail to be constructed and maintained by the NYS Office of Parks, Recreation, and Historic Preservation will utilize the abandoned Lehigh Valley Railroad bed that runs par£illel to Taughannock Blvd. This long awaited trail will provide important recreational and transportation opportunities for the community, and will link four state parks with the City's waterfront trail and the Town's multi-use trail network. The intact segment of the trail occurring within the Town is currently used by residents for hiking and cross-country skiing. The proposed Conservation Zone will help to insure that the trail will continue to traverse through a largely undeveloped open space area, maintaining the quality experience that users of ^ the trail currently enjoy. ^ Impact on Transportation 15. Will there be an effect to existing transportation systems? The project will have a positive impact on transportation systems. The proposed rezoning will insure a lower density of development on more than 200 acres of land, thus contributing less traffic to the already rising congestion along Trumansburg Road/Route 96, particularly as it enters the City of Ithaca. Because of the very steep slopes and other access issues, any development that would have occurred within the proposed Conservation Zone would have likely utilized Trumansburg Road/Route 96 rather than Route 89/Taughannock Boulevard for access. The Ithaca-Tompkins County Transportation Council travel demand model shows that the Trumansburg Road/Route 96 link from the Cayuga Medical Center south to the City of Ithaca as having one of the highest volume to capacity ratios in the county. This corridor has no practical alternative route, which thus forces all vehicular traffic to concentrate on this one roadway. This concentrated traffic results in significant delays at the lighted intersection within the City of Ithaca during peak hour traffic. The proposed Conservation Zone, with its reduced development density, will insure less traffic contribution on this busy road segment. < ; Impact on Growth and Character of Community or Neighborhood 19. Will proposed Action affect the character of the existing community? The project will have a positive impact on the character of the community. The Town of Ithaca Comprehensive Plan (1993) designates the general area of the proposed Conservation Zone as conservation/open space and the Park, Recreation and Open Space Plan (1997), also identifies the area as a target for conservation zoning. Both of these Plans clearly state the Town's commitment to ensuring protection of its open space and sensitive environmental resources, to insure maintaining the quality and character of community. The area identified for rezoning contains environmentally sensitive areas with steep slopes, numerous streams, many contained within small gorges, and highly erodible soils. This largely undeveloped area provides important habitat for plants and wildlife, and the long forested corridor provides for unimpeded movement of species. And as mentioned above, this continuous corridor of forested hillside provides an important scenic resource valued by the community. The Tompkins County Environmental Management Council has designated much of the area proposed for rezoning as a Unique Natural Area. This designation was due to the existence of rare and scarce plant species, the existence of a stand of old-growth forest, and because of it contribution of scenic and aesthetic value. In addition, this area been identified by the Tompkins County Greenway Coalition as an important biological corridor. The 1995 report. Building Greenwc^s for Tompkins County: An Action Plan prepared by the Tompkins County Greenway ! \ { \ 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change IMPACT ON PUBUC HEALTH 18. Will Proposed Action affect public health and safety? ^NO nVESH' Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: n n □ □ IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community?gNO QYES Examples that would apply to column 2 The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. * Proposed Action will cause a change in the density of land use. * Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. * Development will create a demand for additional community services (e.g. schools, police and fire, etc.) □ n □ □ □ n n Dves n □ □ □ No n rives Dno □ Dves □ No Dyos Dno I i I Ivas n No n Dyos n n nYes [~i Yes [^3 No No No NoI IVOQ I i niYes C]no riYes FIno Page 19 of 21 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change ^ Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate empioyment. Other impacts: □ □ □ □ Yes Ono n Qves riNo n n Yes Li No See attached for additional information 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts?HnO riYES If Any Action In Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 I ') / 1 Page 20 of 21 1 Small to Moderate Impact 2 Potential Large Impact Other Impacts:13 IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? I^NQ OYES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: See attached for additional information. IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Wili Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? 0NO riYES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the resource? Proposed Action will result in a reduction in the quality of the resource? Proposed Action wili impact the use, function or enjoyment of the resource? • Other impacts: Can Impact Be Mitigated by Project Change □ □ Yes No □□riYes FIno □□□ Yes 1 1 No □□riYes No □□□ Yes □ no □□Yes ^^No □□Yes o □ □□es [—Ino □□□yss FUno Page 17 of 21 1 Small to Moderate Impact 2 Potential Large Impact IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? 0NO Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. Other impacts: IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? 0NO Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts □ NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? H PMMiqNO [jYES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: □ □ D n □ piMiq□ Can Impact Be Mitigated by Project Change n Dves D No See attached for additional information ^^Yss 1^3 No O Dves Dno, \ □ Yes n I ^3 Yes Dyss riYes □No I~1 No Hno Dyos Dno/^*^ □ Yes Dno' ^ Page 18 of 21 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change V Removal of any portion of a critical or significant wiidilfe habitat.□□LjYes 1 Ino Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. □□1 J Yes 1 1 No Other Impacts:□□^^Yes Dno 9.Will Proposed Action substantially affect non-threatened or non- endangered species?[^NG YES Examples that would apply to column 2 Proposed Action would substantially Interfere with any resident or migratory fish, shellfish or wildlife species. □□Qyos FIno • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally Important vegetation. □t^Yes |~^No Other impacts:□□^^^^Yes ^^^No 10. IMPACT ON AGRICULTURAL LAND RESOURCES Will Proposed Action affect agricultural land resources?□ no □yes Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (Includes cropland, hayflelds, pasture, vineyard, orchard, etc.) □en Yes riNo • Construction activity would excavate or compact the soli profile of agricultural land. □□□ Yes riNo The Proposed Action would Irreversibly convert more than 10 acres of agricultural land or. If located in an Agricultural District, more than 2.5 acres of agricultural land. n □ Yes 1 INo Page 15 of 21 1 Small to Moderate Impact 2 Potential Large Impact The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts IMPACT ON AESTHETIG RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) ^NO riYES01 Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: □ □ See additional information in attachment. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance?[^NO Qyes Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Can Impact Be Mitigated by Project Change ^ □ Qves Gno DYes IUno n OYes [Uno I i I 1 Yftg I I Mn n □ Yes □ No I \ □ □ Yes □ No No D n Yes n No rn n Yes □No Page 16 of 21 Small to Moderate 2 Potential Large Can impact Be Mitigated by Impact Impact Project Change Will Proposed Action affect surface or groundwater quality or quantity? Hno Qyes Examples that would apply to column 2 Proposed Action will require a discharge permit.□□rives □ no • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. □Dves □ no • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity.□rives oz □ Construction or operation causing any contamination of a water supply system. riYes □ z o Proposed Action will adversely affect groundwater.□□riyes ■■■■■■1 |No Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. □□Qves □ no Proposed Action would use water in excess of 20,000 gallons per day. □n Yes □ no • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. □rives l lNo Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. □riYes oZ □ Proposed Action will allow residential uses in areas without water and/or sewer services. □□Yes 1 i No • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. □riYes □ no Other impacts:Q □n^es □ z o Page 13 of 21 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? [gNO [gYES Examples that would apply to column 2 Proposed Action would change flood water flows □□riYes hlo Proposed Action may cause substantial erosion.□□Dycs □ no Proposed Action is incompatible with existing drainage patterns.□□□Yes □ no Proposed Action will allow development in a designated fl ood way. □ yss □ no Other impacts:□□1 Iybs ^3 No IMPACT ON AIR Will Proposed Action affect air quality?[gNO QYES Examples that would apply to column 2 Proposed Action will Induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: □ □ IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species?[7|N0 QYES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. □ □ Yes L!No I 1 Yes I I No I Ivfts I 1 No ^3Yes ^3 No □ Dyos Qno n ElYes d No n [I]Yes ^No^^^^^ Page 14 of 21 Part 2 PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying Impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) d. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. Maybe answers should be considered as Yes answers. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO [g YES Q Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. □ □ □ □ □ □ Yes nNo O D □ □ Yes Dno n □ Yes riNo □ □ Yes Dno □ □ Yes Qno Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Construction or expansion of a santary landfill.□□CIjYes Dno Construction In a designated floodway.□□^^Yes F^Ino Other Impacts:F71 □□Yes Dno Will there be an effect to any unique or unusual land forms found on the site? (I.e., cliffs, dunes, geological formations, etc.)[gNO QYES • Specific land forms: Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24, 25 of the Environmental Conservation Law, Yes I I No ECL)igNO QYES Examples that would apply to column 2 Developable area of site contains a protected water body.□□□ves □ Dredging more than 100 cubic yards of material from channel of a protected stream. □□rives □ Extension of utility distribution facilities through a protected water body. □□ Yes □ Construction in a designated freshwater or tidal wetland.□□rives □ Other Impacts:□□□ves □ No' \ No No 4. Will Proposed Action affect any non-protected existing or new body of water?□no Gyes Examples that would apply to column 2 A10% Increase or decrease In the surface area of any body of water or more than a 10 acre Increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts:□ □ Qves Dno □ Dves Dno □ Dves nNo/^ Page 12 of 21 April 10, 2006 Town Board Meeting Attachment ff6 f Agenda Item No, 8 ' \ Addendum to Resolution for Approval of Bid and Purchase of New 4-Wheel Drive Loader. Below are the reasons the lower bidders did not meet the specifications for a the new 4- wheel drive loader. Anderson Equipment: This was a Komatso loader and the price was $161,869. The following are reasons this machine did not meet the Town's specifications. 1. There is no boom-locking bar. 2. The engine is a 6.69 L verses the specification of 8.1 L. The larger engine has more peak horsepower when needed. 3. The torque on this machine is 694 poimds per foot verses the specification of 765 pounds per foot. The higher torque allows more power at normal operating RPMs. 4. This machine has a full-time, limited slip differential verses the specification of selectable differential. Limit slip differential would tear up the black top on turns so we prefer a manual lock differential so it will be free when turning. 5. This machine has no master disconnect switch on the electrical system. 6. The switches in the cab are not sealed against dust and moisture. 7. Taillights on the machine use bulbs instead of LED lights, which are brighter. 8. There are no transmission oil temperature gauges. 9. Did not meet specification of glass going all the way down on the floor of cab to increase safety and visibility. Tracey Equipment: This was a Hyundai loader and the price was $144,673. The following are reasons this machine did not meet the Town's specifications. 1. There is no extra counter weight available. Extra weight needed for attachments and rideability. 2. The machine is equipped with a valve lock loader boom and no locking bar. 3. There is no locking diifferential. This would also tear up the black top on turns so we prefer a manual lock differential so it will be free when turning. 4. The engine is a 5.9 L verses the specification of 8.1 L. 5. There are many other minor discrepancies that did not meet the specifications. 6. Did not meet specification of glass going all the way down on the floor of cab to ^ increase safety and visibility. t \ I \ 7. The torque is only 692 pounds per foot versus the specification of 765 pounds per , foot. 8. The peak horsepower is at higher RPM verse operating range RPM. Advantage Equipment: This was a Volvo loader and the price was $150,725. The flowing are reasons this machine did not meet the Town's specifications. 1. This was a non-responsive bid—they did not supply requested information. f \ I \ ( \ Coalition, identified thirty biological corridors in Tompkins County, and includes this lake slopes area as a portion of its West Banks of Cayuga Lake corridor. And the recently completed Tompkins County Comprehensive Plan (December 2004) also recognizes the important character of this area. The Plan identifies fourteen distinct and significant "Natural Features Focus Areas" in Tompkins County. This area is included in the "Lake Shore" area, and according to the Plan, is described as surroimding "the most significant focal point of Tompkins County", and includes such resources as "a large biological corridor, an Important Bird Area, numerous stream corridors, ...and trail corridors." The proposed Conservation Zone will help to protect these important scenic and ecological amenities that gives the Town and surrounding area its special quality and character. In addition, the conservation zone will help to insure that development does not occur on the environmentally sensitive steep slopes, which could pose lasting impacts due to uncontrolled erosion and sedimentation, degraded water quality, increased stormwater runoff, and concems for slope stability. )TOWN c^i-ix.iACASign-in Sheet for a New 4-Wheel Drive Loader1Bid Picked UpBids ReceivedSpec. #DateTimeName/AddressDateTimeBid AmountLow Bid1i/is/a,H^/1C'lvrT-b ta_os^ /24 r -At 11 jO. aAV^te\^;ob^.T^)2Di rt 01^\o-\oafci_-r»%A Cstcco, jAivVo/4. CaVZ(\iK (]t;nohs\ \OZnn1T3^lojbUBcd5fi-4 ^ V^HcLt^zODn7ZO V tfctoV)Vn bfe. >nc\rt:o^ i^-o^An\\v?i5 ai-<-\u\,Uf^4^|zo/obK20Lmiw.NQOVOqc: 75\6'4-psi^acooc- 'Z-^'ApipAP fT<5S"./^T\Ae. ^-K-r^AC30 ^^<ir-TaPt C.Sutt^MHer»-'V\?56/o^f2:3r^T3"«^ P,or/wY VVv^ U.^^BcY a/Y7/2*7/^^//A ow-r/7^. tw<eke^h /vy /Y?^r89101112131415Page 1 Town Board Meeting April 10, 2006 Attachment #7da%m < u / O H Z' m i--0- I i:l la* is«' T3 4) <U O PQ CM P TJ (Uk>{ .y CM ^3 PQ :yPQop <© tt o u CM| CO 9 Q $-S 8 1st V. M h"^ -j) X I n cS b £l f <rLfi."f 3"^ OS»' m.i li K'B X <5 Q o rg ■7-^§ \ o fO 7^^ vj . ^4. S ,8 l 5 cO ^f^ CV cc = 'Z \f\ y >«. - \ p ^o LO >. <■ <3 f i if^ ■^--L-^h •or\. ^ 0 0^ :: VO 00 ?:3 a (U 00 CM TOWN-1A^ E ^' D A # 1 Hi"Sign-in Sheet for a New Trailer Mounted Vacuum>•d4H-Bid Picked UpBids ReceivedSpec. #DateTimeName/AddressDateTimeBid AmountLow Bid1CAUri'5 '^KTSy •/£2.\ Hit II M iZT^rvt^<yk0L3I'. 3Am^(Ay\ ^4Uip-J(j'>:Pf)D,kA\a^ 33/1x/54IctWer ^ Aiy>(1■2, 22. {jLiW'-VA\I^CW^ V\k'c{c^/A AyV^ t^KiAc^r jColhcp5<«^c> yluvHn r^. iM f 1 EfefixKee iViW1 >1 f pD^r\(3^VVAMl %p.^ S WVt? Q+e ?>hC S^+lr.i/.^V: My LV6789101112131415mW'COOood211""00c+H-dCPQ>>-3>nwsss=tfcc»Page 1f * \ , r - # S April 10, 2006 Town Board Meeting ATTACHMENT #9 r\n agenda#i4 ARTICLE I General Provisions draft §184-1. Title. This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance." § 184-2. Applicability. This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights. § 184-3. Purpose. The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare, safety and good order by suppressing the making, creation, or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place, and use or which are detrimental to the environment. § 184-4. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: ADULT PERSON ~ A person who is at least Q years old. DAYTIME HOURS — The hours beginning at 7:00 a.m. local time on any day, and ending at 9:00 p.m. local time. EMERGENCY WORK - Work made necessary to restore property to a safe condition following a public calamity, or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND - A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES — Includes, but is not limited to, automobiles, trucks, buses, mopeds, minibikes, and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS — The hours beginning at 9:01 p.m. local time on any day and ending at 6:59 a.m. local time on the following day. PERSON — Includes the singular and plural and also any individual, any property owner and/or lessee, any firm, corporation, political subdivision, government agency, association or organization, including but not limited to officers, directors, employees, agents and/or Independent contractors thereof, or any legal entity whatsoever. RESIDENTIAL ZONE — A Conservation, Agricultural, Lakefront Residential, Low Density Residential, Medium Density Residential, High Density Residential, Mobile Home Park, Multiple Residence, Mj^tllMlllltiMilhlliBHIIMIMIIJillillBBBHHIIIItlMiMllft^ as defined in the Town of Ithaca Zoning Ordinance. "Residential Zone" also includes any special land use district or planned development zone defined by such ordinance wherein one of the principal land users is residential. Should such ordinance be amended or replaced and by so doing adds ' additional zones or differently denominated zones, "residence zones" shall mean those zones 1 Hptprminpfl iindpr Riirh nrHinanrp nr anu Riirr-PRsnr Rtahifp whprpin thp nrpriominpnt infpnHprl land use is either residential or agricultural. < ^ SOUND-AMPLIFYING EQUIPMENT — Any machine or device for the amplification of the human voice, instrumental music, or any other sound. Sound-amplifying equipment shall not include standard automobile sound systems when used and heard only by the occupants of the motor vehicle in which such automobile sound system is installed. As used in this chapter, sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes, or authorized fire horns or other authorized emergency alarms. TOWN — All of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights. UNREASONABLE NOISE — Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damages to property or business. § 184-5. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in this section, factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) The duration of the noise. (3) The intensity of the background noise, if any. (4) The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the sound. (5) The time of the day or night the noise occurs. (6) The proximity of the noise to sleeping facilities. (7) Whether the noise is continuous or impulsive. (8) The existence of complaints concerning the noise from one or more persons who are affected by the noise.. (9) Whether the nature of the noise is usual or unusual. (10) Whether the noise is due to a natural or a human-made activity. i \ f \ f \ f * ^ ARTICLE II Unlawful Noise Sources § 184-6 Purpose of Article II The provisions of Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. § 184-7. Radios, television sets and other sound-producing or-amplifying devices. A. It shall be unlawful for any person within any Residential Zone, or within 500 feet of a Residential Zone, to use or to operate any radio or receiving set, musical Instrument (including drums), phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment In a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety of members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or Interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. B. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained f ^ permission to utilize that property for that event. I % , 1 ' % (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved In the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 184-8. Construction and other machinery. A. During the nighttime hours as defined in Article I, § 184-4 herein, it shall be unlawful for any person within a Residential Zone, or within 500 feet of a Residential Zone, to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric drill, or other commercial Industrial equipment so as to create noise, except to perform emergency work. B. If any domestic power or hand tool, including but not limited to mechanically powered saws, Sanders, grinders, and lawn and garden tools, or air conditioner, is operated during nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. "he lachinerv and aorir.ultliral enuinmBnt within the Anriniiltiiral 7nne nr an Anririi[ti § 184-9. Parties and other social or fundraising events or gatherings. A. It shall be unlawful for any person In charge of a party or other social or fundraising event or gathering that occurs on any private or public property to allow that event to produce noise in a loud, annoying, or offensive manner, or recklessly create the risk thereof, such that noise from the event interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound. It shall also be unlawful for any participant in that event to contribute to such noise. B. For the purposes of this section, a "person in charge of a party or other social or fundraising event or gathering": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. § 184-10. Animals. Any person who owns, harbors, or is the custodian of a dog in the Town of Ithaca is subject to the noise and other requirements in Chapter 112 of the Town of Ithaca Code, titled "Animals," and upon violation thereof shall be subject to the penalties set forth in that chapter. ARTICLE III Permits § 184-11. Authorization for permit. Where the enforcement of this chapter would create an unnecessary hardship, the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this chapter. Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. § 184-12. Permit procedure. A. An application for such a permit shall be filed with the Town Clerk no less than 45 days before the anticipated need and shall provide the following information: (1) Name of applicant. / s t ( \ 4 f < applicant, which adult person shaii aiso sign the application and agree to be f ^ responsible for compliance with the permit terms and any conditions attached to the permit. (3) The reasons for such usage. (4) Plans and specifications of the use. (6) Noise abatement and control methods to be used. (6) Time schedule. (7) Demonstration why applicant cannot conform to this chapter. (8) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. (9) For events that are not community-wide or public events, proof must be provided that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given. The notification shaii state that any person objecting to the granting of such permit may contact the Town Clerk to express his/her opposition to the granting of the permit. B. A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions ^ deemed necessary by such Board to minimize the intrusion of sound that might occur by the t % exercise of the privileges granted by the permit. Any permit issued shaii state that the permit f ^ only applies to this chapter, and that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof;... he makes unreasonable noise." If a permit is issued, a copy of the permit stipulating any and all conditions imposed by the Town Board shall be furnished to the Tompkins County Sheriffs Department by the Town Clerk, simultaneously upon the issuance of the permit to the applicant. ARTICLE IV Violation and Penalty § 184-13. Violations. A. Enforcement may be facilitated by, but shall not be dependent upon, complaint by a resident of the Town to a Town code enforcement officer or county or law enforcement officer. Law enforcement officers are authorized to enforce this ordinance absent a complaint if, upon personal investigation by the officer, the officer deems a violation has occurred. § 184-14. Penalties for offenses. tion the violator shaii be subject to a fine of up to $500 or imprisonment not to exceed days, or both. In the event a person is found to be violating this chapter more than once wit any five-year period, a violator shall be subject to a fine of up to $1000 or imprisonment not^ , ^ exceed 30 days, or both. With respect to mntim im Pmi^^inn^ nf mri Parh H3v/ nf IP^^ # % ftmiRRinn shall rnn^fih.tP a QPnaratP vinlatin u'tlreasonable noise shall be subject to immediate arrest and arraignment. Refusal she pionstrued as resuming or persisting in MeatiliiQtttbv&^aQise-jafteE § 184-15. Liability of owner. The owner of any real property (except public highways, and other publicly owned facilities) from which sounds prohibited by this chapter emanate shall be guilty of a violation of this chapter, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. rs f % f \ f y t . 1 n \ April 10, 2006 Town Board Meeting ATTACHMENT #10 draft TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITION OF HOSPITAL AND REGARDING PERMITTED USES IN CONSERVATION ZONES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Section 270-5 of the Town of Ithaca Code, entitled "Definitions," is amended by making the following changes to the definition of HOSPITAL: adding the word "overnight" before the word "occupation", striking the word "the" before the words sick^ or injured" and adding the word "persons" after the words "sick or injured", so that the definition reads as follows: "HOSPITAL - An establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes." Section 2. Article V (Conservation Zones), Section 270-12 of the Town of Ithaca ^ Code, entitled "Principal uses authorized by special pennit only," is amended by adding the word ^ "hospital" after the words "nursery school" in subparagraph B, so that this subparagraph reads as follows: "B. Public, parochial and private schools, public library, public museum, day-care center, nursery school, hospital, and any institution of higher learning including dormitory accommodations." 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. \ ;p .r- P o tin -■> j .. ! . <!' I I April 10, 2006 Town Board Meeting ATTAcHMEITT ■#■1.1 Roy A. Luft 1317 Trumansburg Road Ithaca, NY 14850 ... 273-7088 2] 2006 3/20/06 Town Board of Ithaca, NY Dear Sirs, Last fall my wife and I applied for and were Issued a building permit to construct a free standingphoto voltaic (PV) system in our yard. A PV system generates electricity from sunlight. We spent $48,000 on this wonderful, pollution free, renewable energy system. The system hasbeen up and running since 2/2/06. During that time, despite the cloudy weather and short winterdays, our PV system has generated more electricity than we have consumed, so we supplied some solar electricity to the energy grid. This morning, I received a phone call from Steven VVilliams. Mr. Williams told me that he hadmade a technical error when he issued me the building permit. Apparently, Ithaca's zoning codedoes not list a PV system as a permitted structure within the town of Ithaca. Mr. Williams asked meto apply for an area variance from the zoning board for permission to build the PV system. I then called Jon Kanter the Director of Planning. Mr. Kanter told me that the town is in the process/oisd changing the zoning laws to allow PV systems, which the town would like to encourage. Mr.anter told me that he thought it would be better for me to apply for an area variance, because itould be at least 3 months until the zoning laws caught up to the reality of my PV system. Wetscussed that NY State and the federal government want PV systems built as evidenced by theuct that both offer financial incentives to encourage PV installations, and that Ithaca's ordinancesshould also encourage local PV development. I told him that I would apply for the zoning variance but that I thought the town should waive the$100 fee associated with applying for the variance, since I already had the building permit, ^d thefinished PV system and the error in issuing the building permit was the responsibility of the Town.He indicated that he would support the waiver of the ZBA fee, but told me that I would have towrite to the town board to request that the fee be waived. By this letter, I am officially asking you to waive the fee for my application for an area variance. I believe that it Is reasonable for the town to waive the $100 variance application fee because:The Town of Ithaca issued our permit on November 4th, 2005. ,Performance Systems contracting installed the system according to the permit and stateapproved specifications and it was activated by NYSEQ on February 2nd, 2006.NYS and federal govemments are giving tax credits as incentives to encourage PV installations. My wife, Nancy Emerson, and I are also inviting members of the Town Board and Codes andOrdinance Committee to come by and tour our PV system. We know that we are early adaptorsof this technology and would like to do all that we can to help spread the word and ease the wayfor others in Ithaca to invest in renewable energy. Please feel free to call and ^/^appointment to see the system, and ask questions, either as a board or as individuals. Roy A. Luft April 10, 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 12 A€EJ^D-A#24 DATE:February 6, 2006 TO:Town Board FROM:Tee-Ann Hunter RE:2006 WORK PLAN The Town Clerks Office will continue their daiiy administrative duties as follows: Open Town Hall Reconcile Town's daily cash receipts and make bank deposits Answer Town Clerk phone calls and provide backup for Planning, Zoning, Engineering and other staff Provide Counter Service including backup for the PEZ area Collect Water Bills Collect Tax Bills Respond to requests for public information Sort mail and receive deliveries Issue Licenses and Handicapped Parking Permits Coordinate Bids to include distribution of materials, preparation of bid sheets, and attendance at bid openings Prepare and submit monthly reports to State and County agencies Maintain conference room schedule Train and supervise student interns Set up board room for board meetings and court Maintain agenda for upcoming Town Board Meetings Prepare, copy, collate, and distribute materials for Town Board meetings Attend Town Board, Planning Board, and Zoning Board of Appeals meetings and prepare minutes and file adopted resolutions Post and publish legal notices File local laws with New York State Department of State Fonward adopted local laws to General Code for inclusion into the Town Code Maintain all Town Hall Code books with updates Maintain Board and Committee List As custodian of all Town records, receive for filing all contracts, agreements, memoranda of understanding, deeds, easements, and certain correspondence Maintain records management database File documents with the County Clerk Close Town Hall Dog Enumeration The Town Clerks office has collected information regarding conducting a dog enumeration and is prepared to coordinate this activity at the direction of the Town Board. Records Management Policy The Town Clerk, Network Specialist, and Records Management Advisory Board will work together in completing the revisions to the Records Managernent Policy. Grant Administration We will continue to administer and oversee the grant funded 2005/2006 history project. We will identify project and submit application for 2007/2008 State records management grant funding. Historic Properties Survey : John Coakley will be working with the Planning Department to create a database in which to input information collected from a survey of historic properties in the Town of Ithaca, recently completed by Cornell University. The data will be formatted for use in the Town's GIS system, and the database will provide valuable information to PEZ staff in reviewing applications. / \ AGENDi)i#24 2006 PUBLIC WORKS DEPARTMENT PRIORITIES Building Maintenance: 1. Preventative maintenance on all Town buildings 2. Small projects to improve facilities Storm Water Management: 1. Ridgecrest Road storm drainage proj ect Water Maintenance: 1. Bring PRV pit above ground on East King Road 2. Install fencing around Hungerford Hill Tank (there is a 30 foot ladder to climb to top of tank where there are GPS antennas and wires running up the ladder to operate telemetry. 3. Preventative maintenance: repair valves and hydrants 4. Emergency water main repairs 5. Finish landscaping for projects and follow-up care on recently installed plantings 6. Lawn repairs for water main breaks 7. Pave Danby Road Tank driveway 8. Replacement plantings at Ecovillage Tank Sewer Maintenance: 1. Preventative maintenance 2. Weekly pump station inspections 3. Emergency repairs Vehicle and Equipment Maintenance: 1. Develop and implement more effective preventative maintenance plan Parks and Trails: 1. Finish construction of Tutelo Park: establish ball field (ready for use in fall of2006); install skinned areas, baselines, and warning track; install fence; install team benches in dugouts; install bleachers; construct pavilion; pave walkways; finish interior work in comfort station; install plantings; and install picnic tables, cook grills and benches; install signage. 2. Finish construction of William and Hannah Pew Trail: clear and grub trail section by Ewing/Ngate easements to Tudor Park, install remaining drainage work, finish installing rest of trail base, and seed disturbed areas. Also, Eagle Scout project at parking lot. 3. Install Shirley Raffensberger memorial gazebo along Pew Trail. 4. Repair Tareyton Drive entrance to Tareyton Park. 5. Maintain and repair play structures: develop priority plan to replace several of the oldest ones. 6. Regular grounds maintenance program at all park, trail and Town infiastructure facilities. 7. Summer youth employment program. \ t \ Highway: 1. Re-pave Christopher Lane (includes: repair road base as necessary, tree trimming, ditching, replacing culvert pipes, and re-install shoulders). 2. Re-pave Muriel Street (includes: repair road base as necessary, straighten out and armor flood-prone stream crossing, tree trimming, ditching, replacing culvert pipes, re-install shoulders, and striping). 3. Re-pave Briarwood Drive (includes: repair road base as necessary, ditching, and re-install shoulders) 4. Preventative maintenance on all Town roadways (hot patching, ditching, install under drains where needed, driveway culvert installations, surface treatment, striping, paint crosswalks, etc.) (on-going tasks) 5. Winter maintenance on all Town roads and walkways 6. Traffic counts Yard Waste Collections: 1. Spring brush and leaf pickup 2. Fall brush and leaf pickup 3. Christmas Tree pickup 4. Composting 5. Tub grinding (1 day per year) 6. Maintain mulch piles 7. Topsoil and compost processing ( / Rights-of-Wav Maintenance Program: , 1. Roadside, T-main, and easements mowing Engineering Technicians Support: 1. Surveying and lay-out 2. Design 3. On-site technical support to crews 4. As-built drawings 5. Inspections 6. Sign program 7. GPS locating of various infrastructure components, e.g. culverts, catch basins, valves, hydrants, etc. Computer-related Support: 1. Increase training on I-Helper software for work orders and database Submitted by: Fred Noteboom, Highway Superintendent 1/30/06 (y t \ TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD FROM: JONATHAN KANTER, AICP DIRECTOR OF PLANNING RE: SUMMARY OF 2005 ACCOMPLISHMENTS & 2006 WORK PLAN PRIORITIES AND PRESENTATION OF 2005 ANNUAL REPORT DATE: FEBRUARY 8,2006 I am pleased to present the attached Annual Report for 2005 on behalf of the Town of Ithaca Planning Department. For easier reference, I have compiled the following summary highlighting Planning Department accomplishments during 2005 and possible priorities for 2006 and beyond. 1) Codes & Ordinances Committee: The following were prepared by the Committee and adopted by the Town Board: Zoning Code amendments regarding agricultural uses in certain zones (adopted in Local Law No. 7, 2005); revisions to Chapter 148 of the Code regarding Environmental Quality Review (adopted in Local Law No. 3, 2005); and revisions to Telecommunications Facilities portion of Zoning Code (Section 270-219 — adopted in Local Law No. 5, 2005). Significant progress was made on the following: draft stream setback law; draft outdoor lighting law; Indian Creek and Lake Slopes Conservation Zone; and Coy Glen Conservation Zone. Priorities for 2006 and Future Years: (a) complete stream buffer law; (b) complete outdoor lighting law; (c) adopt Indian Creek & Lake Slopes Conservation Zone; (d) adopt Coy Glen Conservation Zone; (e) consider amending Conservation Zone to permit certain additional uses on a limited basis; (f) update Subdivision Regulations; (g) consider tree preservation regulations; (h) consider wetlands protection regulations; and (i) consider affordable housing regulations. [COC is considering a more complete list of work plan priorities for 2006 — see attached draft in Appendix C of Annual Report.] 2) Transportation Initiatives: Through Town of Ithaca Transportation Committee, made significant progress on elements of town-wide Transportation Plan, including a second public information meeting, completed draft chapters on inventory and analysis, and drafted several key maps, including an updated Official Map and a draft map showing proposed priorities for pedestrian infrastructure connections. Also initiated Cornell ^ transportation- focused Generic Environmental Impact Statement (t-GEIS) with Cornell University. Work in 2005 involved project development, organization and scoping, working with the Project Team, Resource Committee and Planmng Board. >1 t \ Priorities for 2006: Through Town of Ithaca Transportation Committee, complete ' remaining elements of town-wide Transportation Plan, and adopt Plan in 2006. Continue working with Cornell, Project Team, Resource Committee and Planning Board on t- GEIS, scheduled for completion by the end of 2006 or beginning of2007. 3) Agricultural Land Preservation Program: No new agricultural easements were acquired in 2005. Priorities for 2006: Two owners of agricultural properties have expressed interest in the agricultural easement program (purchase of development rights). Planning staff is following up with these owners on the program, and may enter into agricultural easement negotiations, which would begin with an appraisal of the property values. We will also pursue the possibility of applying for a grant from the NYS Department of Agriculture & Markets to fund the acquisition of these easements. We will also recommend the continued funding of the program through the Town's capital budget. 4) Stormwater Management Program: Completed and filed Stormwater Pollution Prevention Program Annual Report with NYS Dept. of Environmental Conservation under requirements of new Phase 2 regulations. Participated in inter-mumcipal stormwater management coordination group. Priorities for 2006: Continue implementation of stormwater management program, ' including public education and awareness, and drafting of stormwater management ' \ ordinance. 5) Historic Resources Survev: Received completed survey forms prepared by Cornell students in the Historic Preservation Program, supervised by Barbara Ebert. Priorities for 2006: Work with Town Clerk's Office to prepare a database and GIS map format for information regarding historic resources within the Town of Ithaca. 6) Riiildinp & Zoning Reorganization: Worked with Committee to recommend reorganization of Building & Zoning Department functions. Town Board authorized the Planning Department to take over the Zoning Code administration and coordination of Zoning Board of Appeals cases. Priorities for 2006: Monitor effectiveness of Building and Zoning reorganization. Make adjustments if necessary. Additional goals and objectives for 2006 may include: 7) Investigate Affordable Housing Options: Continue research to see what other areas are doing to encourage or provide for housing that is affordable to households with moderate incomes. Work with Tompkins Coimty on a housing needs assessment to identify ^ housing needs in the area. Consider possible affordable housing regulations (e.g., density ^ ^ bonus approach for developers willing to include a certain percentage of moderate income units, mandatory requirement to include a certain percentage of moderate income units in any residential development, etc.). 8) Gatewav/Buttermilk Falls Trail: Work with Inter-municipal Trail Committee to begin planning and design work on the proposed trail project. 9) Lake Source Cooling Monitoring: Continue participating in monitoring work of the Data Sharing Group. Determine whether additional assistance from Benchmark vdll be necessary. Goals and Objectives for 2007 and Beyond: 10) Review and Possible Update of 1993 Comprehensive Plan: There has been considerable interest expressed in considering the update of the Town of Ithaca Comprehensive Plan. This should be done in a planned and coordinated way. This is proposed as a two step process, (1) first to review the Comprehensive Plan to see what parts of it have been implemented, what has not, are the goals and objectives still relevant, and to provide a recommendation regarding whether and to what extent the Plan should be updated; and (2) second, to update the Plan (if that is what is recommended in step 1). If this is established as a priority of the Town, then it should be recognized that this is a I, long-term project. The Plan review phase can be expected to take up to one year to * accomplish, and could begin in 2007 (with some orgamzational and possibly budget considerations to be addressed in 2006). If the recommendation from this phase is to indeed update the Plan, then the actud update process could be a two to three year process, depending on the type and extent of the update. This could have budget and staff resource implications. Section 272-a of NYS Town Law provides for the preparation and amending of comprehensive plans. The Town Board, or by resolution of such Town Board, the Planning Board or a special board, may prepare a proposed town comprehensive plan and amendments thereto. [In this Section, a "special board" means a board consisting of one or more members of the Planning Board and such other members as are appointed by the Town Board to prepare a proposed comprehensive plan and/or an amendment thereto.] To accomplish the above tasks relating to the review and possible update of the Comprehensive Plan, it is recommended that the Town Board consider the establishment toward the end of 2006 of a "special board" that could be named the "Comprehensive Plan Committee" (or similar). Actually, the first phase of review of the Plan could be done by a Comprehensive Plan Review Committee, charged to report back to the Town Board with recommendations regarding the update of the Plan. If the recommendation is to do an update, a follow-up Comprehensive Plan Update Committee could be established by the Town Board. Because the review and update of a comprehensive plan is such a significant, complex and time-consuming task, it is suggested that this function, if determined to be a high priority, be assigned as the sole responsibility of whatever group is charged with that responsibility, rather than establishing a broader "Plaiming" or "Commumty Development" Committee, which may have other functions and responsibilities. Att. > \ M?imDJX c TOWN OF ITHACA CODES & ORDINANCES COMMITTEE PROPOSED WORK PLAN PRIORITIES FOR 2006 The Codes and Ordinances Committee at the November 16 and December 21,2005 and January 18, 2006 meetings discussed possible work plan priorities for 2006 and listed the following to be considered for 2006 and beyond. These were suggested in priority categories, starting with Ae highest priorities, and are intended to provide a framework for further Committee consideration. HIGHEST PRIORITY 1) Complete Proposed Stream Setback Ordinance 2a) Enact Indian Creek/Lake Slopes Conservation Zone 2b) Consider Amending Conservation Zone (Article V Zoning Code) to Include Additional Permitted Uses (e.g.. Hospital) Under Limited Conditions 3) Enact Coy Glen Conservation Zone 4) Enactment of Outdoor Lighting Ordinance (revised draft has been prepared) 5) Update/revise Subdivision Regulations 6) Tree Preservation Regulations 7) Wetlands Protection Ordinance (Being Considered by Conservation Board) 8) Continue Coordination With Others on Storm Water Management Ordinance 9) Consider Affordable Housing Regulations (this may be a several year project, including research on regulatory approaches, working with County Planmng on their housing needs assessment, and development of draft regulations — either incentive approach or mandatory inclusion of affordable housing units) 10) Review/Revise Dimensional Requirements for Docks in Lakeffont Residential Zone (Recommended by Planning Board in Resolution — 11/29/05) NEXT PRIORITY 11) Revision of Noise Ordinance (in conjunction with cooperative efforts with City of Ithaca and Ithaca College) 12) Open Burning Law (County Legislature enacted County-wide legislation) 13) Consider New Educational/Institutional Zone 14) Review/Update Parking Ratios/Standards in Zoning Code (Suggested by Staff) 15) Consider Viewshed Protection Regulations (after Cons. Board Viewshed Study is done) Work Plan Tasks Completed in 2005: 1) Follow-up Zoning Amendments Regarding Agricultural Uses (based on discussions with NYS Ag & Markets) - Adopted in Local Law No. 7,2005. 2) Revisions to Environmental Quality Review Law - Adopted in Local Law No. 3,2005 3) Revisions to Telecommunications Law - Adopted in Local Law No. 5,2005 Significant Progress in 2005 Was Made on: 1) Stream Setback Law 2) Outdoor Lighting Law 3) Indian Creek & Lake Slopes Conservation Zone 4) Coy Glen Conservation Zone Town of Ithaca Planning Department December 14,2005 (Revised January 12,2006, Further Revised February 8,2006) / f f s TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 ENGINEERING MEMORANDUM FROM: Dan Walker, Director of Engineering TO: Town Board DATE: February 8,2006 RE: Engineering Department Priorities for 2006 Construction Activities 1. Pew Trail 2. East Hill Tank and Water Main (SCLIWC) Water System <■6^ 1. Complete Digital mapping and inventory data base for Distribution system^ 2. Trumansburg Road Tank improvements ^ 3. Update Capital improvement Plan a. Trumansburg Road Water main 4. Hanshaw Road Water main replacement 5. Complete SCADA control upgrade for Distribution system Sewer System 1. Complete Digital mapping and inventory data base for Collection system 2. Complete Capital Plan for Interceptor Sewers (with City of Ithaca) 3. Complete I&I evaluation for South Hill and East Hill 4. Complete Plans for Lake Street/Remington Road sewer diversion Stormwater Management 1. Complete Northeast Watershed Model 2. Bring Storm water management Plan into compliance 3. Storm water management policy development Administration 1. Update Benefit district assessment process with Arc View Database C;\Budget & Engineering Reports\2006 Engineering Prloiities.doc oio/onncDWalkerAD Page 1 2/8/2006 agenda #24= 2006 Work Priorities for the Human Resources Office: Finish the Board Policy and Protocol Manual Reproduce and distribute Personnel Manual to all employees (every 3 years) Work with Board and Justices on Constable position, if desired Salary Survey Work with Municipal Group on County Wide Health Insurance Plan Work with Town Clerk on Dog Enumeration Defensive Driving Course for Town Hall staff (every 3 years) r File [(ft View Favailes Took Help Town of Ithaca, NY ^ Oovemnient ^ Services ^^ Community Coitact , ^ t 1 p \ Network/Record Specialist 2006 Departmental Work Priorities / ^ Build eight new computers by using old surplus equipment and new components. Upgrade Microsoft Office software from Office 2000 to Office 2003. General client/server maintenance including antivirus and operating system updates Expand Town Hall phone system with new hardware to add four new external lines. • Two lines will be use in the Town Court Office (Completed) TC3 Fall semester course in Computer Programming Data backup redundancy • In addition to the current nightly backup of the file server, old file server could be employed as redundant backup of "mission critical data". Complete the updated version of the Town's Record Management Policy and Procedure • Work on this policy has stopped until 2006 Committee structure is revised. Hold only one Records Management (Half) Day • As the staff becomes more efficient at incorporating effective records management practices into their day-to-day work, Town Hall may only need to close for a half day per year to allow staff to go through paper and electronic records. JSIaill ^iSCacheman l^lnbox-Miaosoft UuUook ^Town of llhaca - Mici TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us 1®ENBA#24 TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator March 2006 / I Recreation and Human Service Committee Goals/ Priorities for 2006 are: Move ahead with park map effort Continue grov^^h of youth employment program Investigate Community Foundation (initially A1 and Cathy) as an option for donor support of recreation activity/ components Consider appropriateness of possible corporate support of same Explore additional options on how to fund including cooperative sponsorship that has been proven effective in other communities such as Scottsdale, Arizona Possible review of fee stmcture and/or priority use of community park (Tutelo) Plan for opening of Tutelo Park and utilization of celebrations grant Outreach to bring more residents of all ages into building and educate them on the "process" of government and how to be effective in communicating with their municipal officers (Suggestions of classes, presentations such as the budget power point done for board, intemet, and media articles.) • Implement policy on adopt a park/road to build on neighborhood community structure • Appreciate fiscal and structural considerations on program expansions • Review Park, Recreation and Open Space Plan for implications on possible "forever" wild property acquisitions and naming process • Consideration of possible "Good Neighbor" Award effort The following are activities for the position of recreation and youth coordinator to support the work of the committee were agreed to. • Continued and expanded partnerships/ collaboration with organizations such as Lifelong, Longview and Tompkins County Public Library to provide specific opportunities for Town residents f \ t \ ! ^ t \ / \ Additional exploration and pursuit of grant funds and other resources to support activities Expansion of student work initiative to contain community service projects including the adopt-a-park/road concept if implemented by board. Coordination of use of Tutelo Park and event planning as a community building activity Ongoing evaluation of current and developing programs Support municipal activities that build community identity such as the current history project Continued networking by attendance at open meetings related to work activities Liaison with various departments whose activities interface with program considerations Attendance at public meetings, training and functions related to work activities. Continued delivery of student work initiative and all of its components with ongoing recruitment of additional sites • Exploration of new program activities and opportunities The position of recreation and youth coordinator requires planning, organizing, implementing and administering all aspects of a recreatiomprogram for all ages and development programs for youth in the Town has value for the quality of life of Town residents. The position will continue to work with stakeholders to continue to implement priorities. Youth Employment March was another active month for youth employment activities. I participate in a consortium of youth placement programs that is coordinated by county youth services. This group seeks to assure youth seeking employment have the resources to obtain it; seeks to avoid duplication by coordinating youth eligible for and/or requiring additional services; and maximizes use of county, state, and federal money for job opportunity for youth. A current focus is "mentored" sites for youth grappling with a variety of barriers to employment. Self -employment and youth enterprise is also being explored. Most of these same organizations participated with me at a highly successful teen job fair sponsored by GIAC on March 25. Eight youth identified as Town residents and took materials. General job resource material developed by IC student intern Nick Tessoni was provided to an additional 40 youth who stopped by the Towns display. The event also gave me the opportunity to talk extensively with Mary DeSouza a Cornell recruiter about job opportunity there for youth and how to access it. Mary expressed an interest in joining the consortium to facilitate entree to Cornell as a job site for local youth. Another youth was placed and an additional site (Drop In Center) obtained. Observation of youth occurs and resources to enhance employment experiences are provided. Evaluations of youth active in program continue to be exceptional. Youth involved in the history project set the date for their presentation for June 8,2006 at 6:30 PM. The youth are putting a lot of consideration into the program that should be / \ very interesting and informative. I will be working with the Town Clerk to develop a guest list so please contact us with individuals that should be included. Joint Youth Commission Primary work involved contracts administration. The town Supervisor has signed contracts for all the agencies. As they are completed and returned payments will be made in accordance with the contracts. I attended the Village at Ithaca Youth Committee seeking youth representation for the JYC. It has had vacancies and is in the process of recruitment appointments are needed for Cayuga Heights, Village of Lansing and Youth. Recreation Partnership The new members have many new ideas and with the support of ongoing appointments are setting industrious goals for the year. Cathy Valentino is the chair of the Fiscal committee and agreed to take on an additional commitment for seeking additional sponsorships to support youth recreation programs for Tompkins County Youth. New software is working well and the city believes it will effectively document their activity. Recreation and Human Service Committee The Recreation and Human Service Committee is functioning under Will Burbank's able direction. At its March meeting Rich Schoch advised the committee of the status of work to be completed at Tutelo Park. The conunittee reviewed materials and staff is drafting policy for the utilization of Tutelo Park pavilion. The committee is also looking at language to describe categories of public park land as well park management concepts. Related Activity Continued attendance at appointed committees such as Human Services Coalition. Participation in on going job related training such as excel. Attendance at meetings for exploration of other community resources such as a meeting about commimity gardens at cooperative extension, which resulted in a placement opportunity at the Children's Garden for a local youth. Games at Longview are being assessed, as the position of Recreation Coordinator for the facility is vacant. An email communication has been sent to former Senior Softball participants as they planned to use Tutelo this year and it will not be available until much later in the year. April 10, 2006 Town Board Meeting ATTACHMENT #13 Agenda Item No, 27 SUSAN H. BROCK Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clarityconnect.com Facsimile: 607-277-8042 TO: TOWN BOARD FROM: SUSAN BROCK RE: STORMWATER COALITION AGREEMENT DATE: APRIL 4,2006 A number of Tompkins County municipalities, including the Town of Ithaca, are subject to federal stormwater management regulations. These municipalities have been meeting since 2003 as the Stormwater Coalition of Tompkins County to jointly plan how they will meet these requirements. They would like to start collecting modest fees from the municipalities to N facilitate their work, and they have developed a written agreement regarding the Coalition's \ activities. Each municipality is being asked to sign the agreement. 1 have reviewed the agreement and recommend a number of changes. Intermunicipal agreements for the cooperative performance of municipal functions are governed by Section 119- 0 of the N.Y. General Municipal Law. The Stormwater Coalition Agreement does not appear to have been drafted with Section 119-o in mind, however. The Stormwater Coalition is treated as a separate entity, but the municipalities do not have the power to create separate entities under Section 119-o. In addition, the Agreement spells out provisions for custody and expenditure of the Coalition's funds that do not comply with Section 119-o. Finally, the duration of the Agreement should be limited to five years to comply with Section 119-0. 1 have red-lined the attached draft Agreement to show my recommended changes to bring the Agreement into compliance with the General Municipal Law's requirements. 1 have also made red-lined corrections to the information about the federal stormwater requirements in the Whereas clauses. 1 recommend these changes be made before the Town of Ithaca signs the Agreement. 1 \ / ^ Aeenda Item No, 27 MEMORANDUM OF AGREEMENT TO CREATE THE STORMWATER COALITION OF TOMPKINS COUNTY WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the Phase II stormwater regulations (regulations) in 2003-1999 that require owners and operators of small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge stormwater to the waters of the U.S.; and WHEREAS, the EPA requires MS4s in New York State to obtain permit coverage under the New York State Pollution Pollutant Discharge and Elimination Svstems System (SPDES) General Permit for Stormwater Discharges from MS4s (GP-02-02); and WHEREAS, to maintain coverage under GP-02-02, regulated MS4s must prepare and implement a stormwater management program that includes the six minimum control measures as described in GP-02-02. or demonstrate that the program provides at least equivalent protection: and WHEREAS, the MS4s in Tompkins County receiving GP-02-02 coverage have been meeting since October 2003 to identify common elements and collaborate on the implementation of their stormwater management plans, and WHEREAS, by working collaboratively and cooperatively to meet the requirements of GP-02- 02, MS4s can make more efficient use of resources allocated to meet the requirements of GP-02- 02; and WHEREAS. Article 5-G of the New York State General Municipal Law authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis: and WHEREAS, this Memorandum of Agreement (Agreement); among the regulated MS4s will create the Stormwater Coalition of Tompkins County (Coalition); and WHEREAS, the members of the Coalition will work collectively to meet the requirements of the U.S. EPA Phase II stormwater regulations (40 C.F.R. Sections ^122? and 123), and 121) and the New York State Department of Environmental Conservation's (NYSDEC) SPDES General Permit for Stormwater Discharges from MS4s (GP-02-02), and any amendments thereto; and NOW, THEREFORE BE IT RESOLVED, that in consideration of the mutual covenants and agreements hereinafter set forth, members of the Coalition agree as follows: 1. TERM. The term of this agreement shall commence on the date of signature Iclarifv—on the date it is fullv executed?! and terminate on March 31,2008, so as to coincide with the terms of GP-02-02, unless otherwise extended, renewed, or revised bv a writing signed bv all parties, except nothing herein shall authorize more than a five (51 year term for anv initial or renewal term of this agreement. 2. PURPOSE. The purpose of the Coalition is to: A. Exchange information and foster cooperation among MS4s to assist MS4s in compliance complying with the EPA Phase II stormwater regulations; B. Facilitate the use of resources to assist MS4s in meeting the requirements of the U.S. EPA Phase 11 stormwater regulations and the permit conditions of GP-02-02 issued bytheNYSDEC; C. Identify funding mechanisms to meet the financial needs of complying with the Phase II Stormwater regulations and GP-02-02; D. Protect and/or improve local water quality in accordance with Federal. State, County, and local water quality regulations, planning documents and policies; and, E. Facilitate consistency of stormwater management and regulations across municipal boundaries. 3. MEMBERSfflP A. The members of the Coalition shall be the municipal corporations that are signatories to this agreement. AB. Each regulated MS^ member shall designate a representative and one or more alternates to serve on the Coalition. These representatives will constitute act on behalf of the Coalition members and will be responsible for acting on behalf of their respective MS^s on matters such as facilitating the payment of the annual membership fee, making decisions about financial matters related to the activities of the Coalition within the parameters set out in this agreement, and other administrative matters. BC. The Coalition may admit non-permitted MS4s and municipalities as members at the discretion of the Coalition so long as these members agree to undertake all rights and responsibilities included in this Agreement and sign this agreement, and further conditioned upon payment of the full annual membership fee for that calendar year. GD. The Coalition may also approve ex officio non-voting representatives of agencies that provide technical or advisory assistance to the MS4s in meeting these regulations. GE. The Coalition shall adopt by-laws relating to the conduct of its proceedings and such other administrative matters as it may deem appropriate. ( \ 4. FINANCIAL OBLIGATION A. Each permitted MS4 Coalition member shall pay an annual membership fee, which will be used to help fulfill the requirements of GP-02-02. such as training, grant applications, and other activities consistent with those listed under Section 2 above. The initial fee schedule is detailed in the "Proposal to Fund the Tompkins County Stormwater Working Group in 2006 (approved by the Stormwater Working Group on August 24,2005V'. which is attached as Exhibit A. Future fee schedules shall be established proposed bv the Coalition and detailed in pursuant to the bv-laws for the Coalition and shall be approved bv the members. B. The Coalition shall submit an invoice for the fee to each Coalition member annually. TOWN OF ITHACA Public Works Department's Monthly Board Report March for the April 10,2006 Meeting ROADS: March brought some snow but the weather generally continued to be mild. We were able to clean catch basins and ditches on the more mild days. We surveyed Christopher Lane, preparing for our summer project on that road. We continued to haul stone for stock piling for our various projects. Sign maintenance has been an ongoing project and along with that, a crosswalk, stop bar, and stop sign placement inventory is in progress. We did cold patching and shoulder repairs on various roads. We hauled several pieces of equipment for the Town of Danby and cleaned out some culverts for the Town of Ulysses. In March we conducted safety training to fulfill the Town's requirements for training. We also had a more extensive drug and alcohol training for employees who have CDLs. We had a special training on influencing positive group collaboration. PARKS AND TRAILS: We installed a "No Swimming" sign at East Shore Park. We continued in March to brush hog overgrown bushes along our various trails. We also continued to remove dead trees along our trails. Site checks were preformed on our regular schedule; bird boxes were checked and cleaned out, with new ones being constructed and installed. Trail maintenance on the South Hill Recreation Way was started and will be finished early April, weather permitting. We resurfaced the trail with a skim coat of stone dust, which covered loose gravel and re-graded some rutted areas. This is the first time we have reworked the entire length of the trail since it was opened twelve years ago. WATER: Inspections were carried out on the Overlook and Rite Aid projects. There was a water main break on Winner's Circle on the 18" transmission main. Along with that repair, we repaired water main breaks at 1020 Danby Road, 600 Winston Court, and 117 Winston Drive. Dead trees and brush were removed along our water easements and around various fire hydrants. A new fire hydrant and line valve were installed on Snyder Hill Road to improve the flushing system after water main repairs. Various other repairs on our water lines were completed. SEWER: . n / \ Our regular pump station inspections were performed on our sewer pump stations. ' The emergency, portable generators were hooked up to them and run under load to make sure they were available for an emergency. There were several sewer lines that were cleaned with our jet rodder and sewer vacuum. We raised and repaired many manholes around Town. We removed dead trees and brush along our sewer easements and around manholes. A sewer blockage on Clover Lane was removed and the line flushed. A new frame and coiner was installed at the sewer pump station near East Shore Drive. Inspections were performed from the Overlook and Rite Aid projects. Dig Safely New York (DSNY) were performed for marking out the Town's sewer lines. Projects to be worked on in April: 1. Snow removal as necessary. 2. Tree and brush trimming. 3. Manhole repairs. 4. Continue working at Tutelo Park on the comfort station, pavilion, and ball field preparation. 5. Sign maintenance. 6. Semi-annual brush and leaf pick up. 7. Install pad for Raffensberger pavilion. / ghk TOWN CLERK'S MONTHLY REPORT I)A # S 0 TOWN OF ITHACA, NEW YORK SUPERVISOR: MARCH, 2006 ATTACHMENT #14 PAGE 1 uant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received "ie in connection with my office during the month stated above, excepting only such fees and moneys the application )3ayment of which are otherwise provided for by Law: A1255 MARRIAGE LICENSES NO. 06011 TO 06015 MISC. COPIES ZONING ORDINANCE SUBDIVISION REGULATIONS ENVIRONMENTAL REVIEW TAX SEARCH RETURNED CHECK - CLERK COMPREHENSIVE PLAN USE OF PARKS &BLDG MARRIAGE TRANSCRIPT TOTAL TOWN CLERK FEES 87.50 28.75 25.60 3.00 2.50 40.00 15.00 12.00 95.00 40.00 349.35 A1557 SPCA IMPOUND FEES TOTAL A1557 45.00 45.00 ^4 DOG LICENSES TOTAL A2544 539.60 539.60 B2110 11 J_ _3 _6 _5 4 BUILDING PERMIT BUILDING PERMIT EXTENSIN FIRE SAFETY INSPECTIONS ZONING BOARD MTG TEMP CERTIFICATE OCCUP OPERATING PERMIT TOTAL B2110 3,470.00 50.00 210.00 600.00 2,250.00 1,650.00 8,230.00 B2115 SUBDV. REV. INITIAL APL. SUBDV. REV. FINAL PLAT SITE PLAN FINAL PLAN TOTAL B2115 340.00 240.00 1,675.00 2,255.00 TOWN CLERK'S MONTHLY REPORT MARCH, 2006 page 2 ^ \ . DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 933.95 PAID TO SUPERVISOR FOR PART TOWN FUND 10,485.00 PAID TO COUNTY TREASURER FOR DOG LICENSES 107.40 PAID TO AG & MARKETS FOR DOG LICENSES 18.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 112.50 TOTAL DISBURSEMENTS 11,656.85 APRIL 3,2006 ^ SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public I ! ^ C. The Coalition shall designate and authorize a qualified entity^ the fiscal officer of one ^ of its members to hold and manage separate accounts on behalf of the Coalition, where the annual fees and other funds shall be deposited. These accounts shall be created explicitly for the use of the Coalition. Such designation shall be reviewed and re-authorized on an annusd basis. D. The process for determining tThe Coalition's budget shall be approved bv the members, and approval of exponditureo will be outlined in the by laws for the Coalition. The fiscal officer of the member with custodv of the Coalition's funds shall be authorized to make expenditures on audit pursuant to the procedures of the member of which he or she is the fiscal officer. E. The Coalition shall not incur any financial obligations in excess of the funds available to the Coalition. F. Any Coalition member may withdraw from this Agreement upon adoption of a resolution by their-its legislative body and upon 60 days written notice to the fiill membership of the Coalition. G. lAdd procedure to remove a member that is arrears in payment of fees?l 5. TERMS AND CONDITIONS A. This Agreement may be modified or amended only in-bv a writing ^id-duly executed by all Coalition members. B. Each Coalition member shall be solely responsible and liable for its own activities under this Agreement, for obtaining and maintaining its permit coverage under the ^ SPDES General Permit for Stormwater Discharges from MS4s (GP-02-02), and for the preparation, implementation, operation and maintenance of its own stormwater management program including, but not limited to, the required minimum control measures. 6. MISCELLANEOUS A. This Agreement constitutes the entire Agreement among and between the Coalition members and supersedes any and all prior Agreements between the parties hereto for the services herein to be provided. The Agreement shall be governed by and construed in accordance with the laws of New York State, without regard or reference to its conflict of laws and principles. B. If any provision, paragraph, sentence, or clause of this agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remainder of this Agreement and this Agreement shall be construed and enforced, consistent with its expressed purposes, as if such invalid and unenforceable provision, paragraph, sentence, or clause had not been contained herein. C. If any member withdraws from the agreement pursuant to Section 4 above, the Agreement remains binding for remaining members. D. Each Coalition member represents and warrants to the Coalition, and to the other Coalition members, that it has been fully authorized to execute and to perform this _ Agreement, and that its execution and performance of this Agreement will not violate any legal duty or restriction. I 7. EXECUTION IN WITNESS WHEREOF, this Agreement is signed by the duly authorized representatives of the regulated MS4s on the date written below. Tompkins County Town of Caroline Name:Name: Title:Title: Signature:Signature: Date:Date: Town of Dryden Town of Ithaca Name:Name: Title:Title: Signature:Signature: Date:Date: Town of Lansing Town of Newfield Name:Name: Title:Title: Signature:Signature: Date:Date: Town of Ulysses City of Ithaca Name:Name: Title:Title: Signature:Signature: Date:Date: Village of Cayuga Heights Village of Lansing Name:Name: Title:Title: Signature:Signature: Date:Date: f y I \ ^ i ^ \ I I Town Engineer's Report for 4/10/2006 Town Board Meeting GENERAL > Emergency Management Tomnkins County Emergency Management Planning Committee Communication Towers Project — A radio system contract was signed in December 2005. Proposals have been sought for the construction of the towers. The responses are being evaluated and will be awarded by the Legislature in the veiy near future. Radios for use by municipalities cannot be bonded as part of the project. However, there is a potential for $1,000,000 coming from the state through member items for the purchase of the radios. There is also interest by the State Wireless Network (SWN) to co-locate on the towers, which will provide the county with revenue and the availability of using the statewide system sooner than anticipated. The Committee has scheduled a Public Officials Conference for April 22,2006. All elected officials in the county will be invited to attend this conference. The purpose of this meeting is to provide information on the responsibilities of public officials in the emergency management system and county plan. All Town Board members are encouraged to attend. South Hill IC/Communitv Working Group The Town Engineer has been attending meetings at Ithaca College as staff support to the Town Board with Pat Leary attend as a representative of the Board. Attached is apportion of the notes from the March 20, I > 2006 meeting I \ 1. Introductions Brian McAree introduced Patty Porter who is a new member of the IC/Community Workgroup. Patty is a resident of Juniper Drive in the Town of Ithaca and is representing a new group of South Hill residents, "Neighbors of Ithaca College. This new group represents residents on South Hill who live in the Town of Ithaca and would like to address some of the same problems and concerns which have been the focus on the IC Community/Workgroup and the South Hill Civic Association over the past two years. Welcome, Patty. Shane Seger, Common Council Representative for the First Ward, was also introduced. Shane has taken Pam Mackesey's place on the IC/Community Workgroup. Welcome, Shane. 2. Last Day of Classes The last day of classes at Ithaca College is Friday, April 28^, 2006. Brian McAree distributed a number of pieces of information related to the strategies which the IC/Community Workgroup put in place over the past two years to address the Prospect Street Block Party and the last day of classes at Ithaca College. The materials included: • A letter which was addressed to students who live in the City of Ithaca • A letter which was addressed to students who live in the Town of Ithaca ' ) "A letter from Andy Frost to selected residents and landlords on South Hill r ^ • The "Partying Without The Police" door hangar > • An e-mail to all Ithaca College students from Brian McAree and the President of SGA We agreed that we would update this information as appropriate and use all of these letters/strategies again this year. Brian McAree agreed to send copies of the Town/City letter to Peter Meskill, Sheriff, and TOWN ENGINEERS REPORT 4/10/2006 ^ ^ < \ t ^ Lauren Signer, Chief of Police, for their review and any updates. Maria Coles and Shane Seger also agreec to share this letter with Mayor Carolyn Peterson for her review and feedback. Priscilla Quirk agreed to take the lead for working with the Campus Community Coalition to update the "Partying Without The Police" door hangar. Dan Walker agreed to take responsibility for initiating a new letter directed to town residents and landlords. Brian McAree will work with Tim Klein, President of SGA, to update the message to all Ithaca College students and work on submitting an ad/notice for publication in the Ithaca College student newspaper for the week prior to the last day of classes. Ithaca College will once again be hosting a campus-wide event on the last day of class as an alternative for students who might otherwise attend the Prospect Street event. This event (IC Kicks Back) will take place from 2:30 p.m. to 5:30 p.m. on Friday, April 28*^, in order to provide students (especially underclassmen) with an alternative non-alcoholic event to celebrate the last day of classes. Free food will once again be provided, entertainment, and a DJ will also be part of the event. The Ithaca College group, IC After Dark, is taking the lead for sponsoring this event in coordination with the Student Government Association and Student Affairs and Campus Life. Below is a list of proposed dates and deadlines for preparing and distributing the information we discussed. Please pay close attention to this information in order to insure that all of our agreed upon strategies are in place in a timely manner. If you have any questions, please contact Brian McAree. ^ ^ • Tuesday, April 4^*^ Invitation Sent to Prospect Street Students for Luncheon Meeting ' ^ f \ • Monday, April 10*** City/Town Letters for Students and Door Hangers Finalized • Tuesday, April 18*'' or Thursday, April 20*'' Meeting with Prospect Street Students (Klingenstein Loimge, Campus Center) • Monday, April 17*'' E-mail Sent to All IC Students from Brian McAree and SGA President • Monday, April 24*''-Tuesday, April 25*'' Public Safety/IPD/SherifFs Officers do Door-to-Door Visits of Student Residences • Thursday April 20*'' <& Thursday, April 24*'' Notice placed in Ithacan about Last Day of Classes • Friday, April 28*'' Last Day of Classes at IC 3. Proposed Town Ordinances Pat Leary reviewed with the group some proposals that are being developed to initiate new/revised ordinances for the Town related to noise. In general, Pat shared that changes may be initiated to allow thq^ ^ Sheriff to be the primary complainant for noise violations. Also, the Town is looking at increasing the fii^ ^ for noise violations; initiating arrests after a preliminary warning; examining the possibility of each ^ ' complaint serving as a separate violation; allowing the Sheriff s office to use their judgment in determining Town Engineer's Report April 10,2006 Daniel R. Walker Page 2 4/5/2006 , > TOWN ENGINEERS REPORT 4/10/2006 noise violations (instead of requiring the use of a decibel meter to register excessive noise); establishing 9 p.m. as the start of when the noise ordinance goes into effect; etc. Pat reported that the Town was looking at the City noise ordinance as a model for what changes need to be initiated in the Town ordinance. She will keep the group updated, but it does not appear that these changes will not be in effect prior to the last day of classes at Ithaca College. EARTH FILL PERMITS No Fill permits were issued in March 2006 WATER PROJECTS East Hill Transmission Main and Storage Tank Excavation for the Three Million Water Storage Tank is complete and work on the tank structure started the last week of March. The contractor is planning to pour the concrete floor on April 10***, weather permitting. Any Board members interested in visiting the site should contact me and I will arrange a site visit. The project is a SCLIWC funded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services with reimbursement from the Commission. \ Trumansburg Road Water Tank The Engineering staff has complet plans and specifications to make minor improvements to the tank overflow and for recoating the interior and exterior of the tank. The project has been budgeted for in 2006, and has been advertised for bids with a contract award anticipated at the April Town Board meeting. Trumansburg Road Water Main Improvements Planning has started for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive. SEWER PROJECTS lAWWTF Phosphorus Removal Project Installation of the process equipment has been completed but due to problems with some of the equipment and controls startup has been delayed. The general contractor has made a claim for additional payment for delays caused by concrete mix availability. The Town Engineer has been participating in meetings with the contractor and Steams and Wheler to attempt to negotiate a settlement. ^0^ Joint Interceptor Sewer Projects ' ^ The First Street Interceptor constmction is proceeding with City of Ithaca forces doing the work. Town Staff is ^ monitoring the constmction process, which has been proceeding smoothly. N Town Engineer's Report April 10,2006 Daniel R. Walker Page 3 4/5/2006 o TOWN ENGINEERS REPORT 4/10/2006 t \ / N f \ STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that was collected by the engineering intems will be processed and developed into a stormwater model for the Town. Northeast 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. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which was formed to meet the needs of municipalities that must comply with the NYSDEC Phase 11 stormwater regulations. These municipalities are owners of municipal separate storm sewer systems (MS4s) and are required to meet the "minimum measures" of the law. To date the group has been informally organized to better provide the support to the member municipalities creating an intermunicipal agreement is being r \ proposed. This agreement will be discussed at the April meeting. f \ f \ DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. One of the lots has been sold and a house built. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase 11 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. f ) f 1 f s Town Engineer's Report April 10,2006 Daniel R. Walker Page 4 4/5/2006 \ TOWN ENGINEERS REPORT 4/10/2006 WESTVIEW SUBDIVISION Construction of Phase I of the roads and utilities has been substantially completed, and the Town Board has accepted that portion of the project. The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. OVERLOOK ON THE WEST HILL Site work is underway for Phase lb including stormwater detention, mass grading, relocation of the water main and sewer improvements. The Engineering staff is monitoring the site sediment and erosion control measures. BIGGS BUILDING DEMOLITION The CMC is proposing to demolish the old Biggs A building. The Town Engineer has reviewed the plans for the demolition, abandonment of utilities and debris disposal on and off site. ' \ Town Engineer's Report April 10,2006 Daniel R. Walker Page 5 4/5/2006 IMUini Pannttt11viiiiiiiiifiiiiiirronnaiit DbshIi$5,000.00 Demolish bungalow$35.0011$5,000.00 Demolish single-family home$35.0011$79,000.00 Demolish bowling alley structure$200.00$3,000.00 Tear-off and replace roof cover$35.00$3,000.00 Tear-off and replace roof cover$35.00$8,000.00 Finish basement space (including bathroom and bedroom) $45.00$9,300.00 Rebuild mudroom$45.00$18,000.00 Renovate basement$60.00( f c c^ "afanBry walmiittmnnnnnBiit DaiaHntloB " ' " ?®5 $4,500.00 Porch addition $35.00$10,000.00 Demolish building #1 (old Genex bams) $45.00$10,000.00 Demolish building #11 (old Genex bams) $45.00$10,000.00 Demolish building #12 (old Genex bams) $45.00$10,000.00 Demolish building #8 (old Genex bams) $45.00$10,000.00 Demolish building #2 (old Genex bams) $45.00$10,000.00 Demolish building #4 (old Genex bams) $45.00$10,000.00 Demolish building #9 (old Genex bams) $45.00 value of ImprovinBiit$10,000.00 Demolish building #6 (old Genex bams)$10,000.00 Demolish building #10 (old Genex bams)$10,000.00 Demolish building #7 (old Genex bams)$10,000.00 Demolish building #5 (old Genex bams)$10.000.00 ^J 2^1Demolish building #3 (old Genex bams)l|new single-family homes2inew two-family homes3inew multiple residences4irenovations to residentialSiadditions to residential" ebonversions of use7|business8'iagriculturalOlinstltutionailObducational11 imiscellaneous >209 513_ Warren_Rd5275 320 ~~]oid Gorge RdWestfiaven DrCoddington RdCompton RdKing Rd WHarris B Dates DrHarris B Dates DriSaunders RdHungerford Hill RdCoy Glen RdCoy Glen RdLisa LnEast Shore DrFront PorchConstruct single-family residence4 bedroom single-family residenceRemodel existing studyInstall wood stoveTwo story additionRenovation for 16 slice CTConstruct mobile tech unitAlcove and install gas fireplaceinterior renovationsDemolish & rebuild mudroom, straighten IT of foundationDetached garageInterior alterations, new deck, replace existing deckRe-shingle house3/20/20063/22/20063/22/2006/17/200613/27/2006/27/2006/28/20063/15/20063/2/2006& bilc|3/14/20063/14/20063/14/2006Page 1 J f >. Total Sales 34 8,230.00 r ^ / ^ Field Visits Building Code Complaint/Investigation Fire Safety Fire Emergency Total monthly complaints received >TREEI Ntl: iiSTREET NAME i COMPl^INT TYPE | DISPOSiTl monthly COs Issued for existing buildings 04/03/2006 09:05:31 Type 11. BP 12. BP 13. BP 14. BP 15. BP TOWN OF ITHACA B2110-B2110 Transaction Report For the period 03/01/2006 through 03/31/2006 Date Comment 03/20/2006 03/20/2006 03/22/2006 03/27/2006 03/29/2006 33.-1-3 41.-1-30.2 31.-6-1.21 57.-1-8.12 54.-7-43 Name Quantity Fee B2110 1093 GROUP LLC1. BP 03/01/2006 62.-1-1 2. BP 03/01/2006 62.-1-2.2 1093 GROUP LLC 3. BP 03/01/2006 62.-1-3.2 1093 GROUP LLC 4. BP 03/01/2006 46.-1-15.37 ATSEDES, TIMOTHY 5. BP 03/02/2006 30.-1-1.4 VANHORN, CHRIS 6. BP 03/06/2006 63.-1-3.4 CORNELL UNIVERSITY 7. BP 03/13/2006 63.-1-3.4 CORNELL REAL ESTATE 8. BP 03/14/2006 24.-1-19.2 RENOVUS ENERGY 9. BP 03/16/2006 70.-1-40.1 KOPELSON, EVAN 10. BP 03/20/2006 29.-3-3.2 GOLOBORODKO, VALERI & ELENA HESSLER, DAVID ITHACA COLLEGE STEENHUIS VALENTINO, CATHY lACOVELLI, ORLANDO 35.00 35.00 200.00 45.00 100.00 350.00 190.00 200.00 45.00 35.00 60.00 2,000.00 60.00 45.00 70.00 16. BPE 03/08/2006 28.-1-10.42 15 HANAVAN, JEFFREY 3,470Jltt^ 50. 17. FBI 18. FBI 19. FBI 03/06/2006 03/15/2006 03/22/2006 24.-3-3.1 44.2-1-2 47.-1-11.3 PRI HOBPICARE CODDINGTON RD COMMUNITY CTR N 80^ , 80 50.00 20. OP 21. OP 22. OP 23. OP 03/06/2006 72.-1-2.11 03/21/2006 03/27/2006 03/27/2006 70.-10-3.13 70.-10-3.16 70.-10-3.21 WARRENWOOD APARTMENTS WANG, HBI AND POLLY SKALEY, JAMES NEIBH, DAVID 210.00 1,500.00 50.00 50.00 50.00 24. TCO 25. TCO 26. TCO 27. TCO 28. TCO 03/06/2006 03/16/2006 03/20/2006 03/22/2006 03/30/2006 64.-1-2 46.-1-15.27 43.-1-2.2, -2.3,-13.2 33.-1-3 18.-21-10 CORNELL UNIVERSITY HERITAGE PARK ITHACA COLLEGE HESSLER, DAVID CHAMBER OF COMMERCE 1,650.00 1,000.00 275.00 200.00 350.00 425.00 29. ZBM 30. ZBM 31. ZBM 32. ZBM 33. ZBM 34. ZBM 03/16/2006 03/17/2006 03/17/2006 03/20/2006 03/21/2006 03/31/2006 31.-5-1.4 24.-1-19.2 35.-1-10.2 33.-1-3 22.-1-1.22 19.-2-16 GINENTHAL, LEE JON BOSAK WARREN, JAMES & BONNIE HESSLER, DAVID POYER, KENNETH MOORE, TIMOTHY J 2,250.00 100.00 100.00 lOQ^ lot io( lOf^ > 600.00 n«««. I TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for April 10.2006 Town Board Meeting DEVELOPMENT REVIEW March 7.2006 Meeting: Ithaca College School of Business, Danby Road: The Planning Board granted Final Site Plan Approval for the proposed Ithaca College School of Business building located north of Job and Friends Halls on the Ithaca College campus, Town of Ithaca Tax Parcel No.'s 41-1-30.2 and 41-1- 30.4, Medium Density Residential Zone. The proposal includes the construction of a new +/-38,000 gross square foot building which will include new classrooms, faculty offices, conference rooms, and an atrium for the School of Business. The project will also include new lighting, walkways, stormwater facilities, landscaping, and a +/- 3,780 square foot green roof. Ithaca College, Owner/Applicant; Fred Vanderburgh, Agent. ^ Sokoloff Dock, 1126 East Shore Drive: The Planning Board granted Final Site Plan Approval for the construction of a dock located at 1126 East Shore Drive, Town of Ithaca Tax parcel No. 19-2- 5.2, Lakefi-ont Residential Zone. The proposal includes constructing an open pile dock, 8' wide by 60' long with a 12' by 12 * "L" end extension for a total of 528 +/- square feet of surface area. Jason Sokoloff, Owner; Ronald B. Knewstub, Applicant. (This was a reduction in size of the dock fi*om an earlier proposal.) 2005 Planning Department Annual Report and 2006 Work Plan Priorities: The Planning Board discussed the 2005 Annual Report and 2006 Work Plan Priorities. Discussion of bicycle and pedestrian facilities in the Town of Ithaca: The Planning Board discussed the draft chapter of the Transportation Plan regarding bicycle and pedestrian facilities, and in particular, what options are available for the future bicycle and pedestrian system at the Conifer properties. March 21.2006 Meeting: Desch & Coddington Road Community Center Land Exchange, Updike Road & 920 Coddington Road: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed land exchange located at 920 Coddington Road and Updike Road, Town of Ithaca Tax Parcel No.'s 47-1-11.3 and 47-1-11.4, Low Density Residential Zone. The proposal involves conveyance of approximately 3.4+/- acres of land owned by the Coddington Road Community , Center to William Desch, adjacent property owner, and conveyance of approximately 2.5+/- acres ipril lO. 2006 Town Board Meeting of land owned by William Desch, to the Coddington Road Community Center. William E. Desch f and Coddington Road Community Center, Owners/Applicants. Three Rivers Mini-Golf & Creamery, 869 Elmira Road: The Planning Board granted Final Site Plan Approval for the proposed Three Rivers Mini-Golf & Creamery located at 869 Elmira Road, Town of Ithaca Tax Parcel No. 35-1-10.2, Low Density Residential Zone. The proposal includes the construction of an eighteen-hole miniature golf course, a thirty-space automobile and two-space bus parking lot, entrance drive, a small building for ice cream sales and storage, a gazebo, lighting, sign, and stormwater facilities. The proposal also requires a recommendation to the Zoning Board of Appeals regarding the proposed sign variances. Bonnie and James Warren, Owners/ Applicants; Robert M. Drew, Hunt Engineers, Architects & Land Surveyors, P.C., Agent. Namgayal Monastery, Danby Road: The Planning Board granted Final Site Plan Approval for the proposed Namgyal Monastery development located on the east side of Danby Road (NYS Route 96B) across from Sesame Street, Town of Ithaca Tax Parcel No. 43-2-10, Medium Density Residential Zone. The proposal includes the construction of multiple buildings (main building, monk's residence, student dormitories, student rooms/apartments, shrine) on the property totaling approximately 13,000 square feet, to house the local Namgyal Monastery branch in Ithaca. The plans also include parking for 66 vehicles, five seasonal cabins and a bathhouse, a maintenance building, lighting, trails, and new stormwater facilities. Namgyal Monastery Institute of Buddhist Studies, Owner/Applicant. ^ College Crossing Development, northeast corner of the Danby Road (NYS Route 96B) and East King Road: The Planning Board considered a sketch plan for the proposed College Crossing Development located on the northeast comer of the Danby Road (NYS Route 96B) and East King Road intersection. Town of Ithaca Tax Parcel No. 43-1-3.2, Neighborhood Commercial Zone. The proposal is for a +/- 23,000 gross square foot building to accommodate nine tenants for new retail, commercial and office space. The project will also include 123 parking spaces, landscaping, lighting, storm water facilities and a new walkway connection to the College Circle Apartments. Evan N. Monkemeyer, Owner/Applicant. Lot Line Modification for the previous Young 4-lot Subdivision, Coddington Road: The Director of Engineering reported on a lot line modification for the former Young 4-lot Subdivision located on Coddington Road. Dan Walker, Director of Engineering. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Reviews for Zoning Board: Three applications for the Zoning Board were processed since the March report as follows: March 20, 2006 Meeting: (1) Front yard setback variance for a barnyard roof structure was granted at 380 Bostwick Road, Agricultural Zone, Jamie Baker, Appellant; (2) Variance to construct a 10,000 +/- square foot addition to the Genex Monsanto Production Center #2 without the required sprinkler system was granted at 521 Sheffield Road, Agricultural Zone, Anton Egner, Appellant; of Ithaca Plarinif^Dire^^^e^ and (3) Height variance to construct an accessory building (garage) exceeding the maximum permitted height was granted at 997 Taughannock Boulevard, Lakefront Residential Zone, Richard and Sally Mennon, Appellants. Codes and Ordinances Committee (COC): The Committee met on March 15, 2006 to discuss a proposed amendment to the Zoning Code regarding the definition of hospital and allowing hospitals in Conservation Zones; a preliminary report regarding the review of current regulations for docks in the Lakefront Residential Zone and collection of data regarding docks; and possible amendments to the Zoning Code to permit freestanding solar panels and photo voltaic systems. The Committee approved a proposed amendment regarding hospitals in Conservation Zones and is forwarding this to the Town Board for consideration. The next COC meeting is scheduled for April 19, 2006. Transportation Committee: The Committee met on March 23, 2006 to discuss remaining elements in the preparation of the Transportation Plan. There was some discussion regarding the possible role of the consultants in the remaining work on the Plan. It was agreed that this would be reviewed as remaining work is done, and if the Committee determines that additional consultant assistance is desirable, then a request to extend consultant services would be brought to the Town Board for consideration. There was an update on the bicycle corridor needs map that had been drafted, as well as preliminary discussion regarding an appendix in the Plan on traffic calming options. The next meeting is scheduled for April 13, 2006 to discuss the draft recommendations section of the Plan. Conservation Board: A meeting was held on March 16, 2006. Agenda items included an update on the proposed Lake Slopes Conservation Zone, a discussion of the Town's current dock regulations, approval of revised work plan priorities, and committee reports and updates. The next meeting is scheduled for April 6,2006. ITCTC Policv Committee: The Ithaca-Tompkins County Transportation Council (ITCTC) Policy Committee met on March 16, 2006. The main agenda item included approval of the 2006/07 work program. There was also a presentation of the New York State Transportation Master Plan. The Planning Committee will meet on April 25, 2006. Second Affordable Housing Workshop - Better Housing for Tompkins County: The Planning Director and several Town Board members attended a second workshop on affordable housing sponsored by Better Housing for Tompkins County on March 30, 2006. The workshop included presentations by a representative fi-om the Housing Alliance of Pennsylvania regarding ways to address the "NIMBY" (Not in My Back Yard) syndrome and a representative fi-om the Tompkins County Planning Department regarding how land use tools can help to promote a healthy housing market. The new terminology for affordable housing suggested throughout the workshop was "Homes Within Reach". Spring Newsletter: The Spring 2006 Newsletter was completed, printed and mailed. Featured articles include an invitation to residents to attend an open house to report on the Town of Ithaca History Project, a summary of the re-organization of the Building and Zoning Department functions, employee announcements, information on the Transportation Plan website, a summary of 2006 Public Works projects, a storm water article regarding rain gardens, and an announcement regarding Spring Brush and Leaf Collection. 10. 2006 Town Board Meeting - Agricultural Land Preservation Program: Planning staff attended a workshop in Syracuse, N.Y., on March 22, 2006 regarding the upcoming grant application process for agricultural land preservation funds. We have received two applications from interested agricultural landowners for the voluntary purchase of development rights (FDR) program. The Town Board authorized appraisals for these properties at the March 13^ meeting. These appraisals will be underway soon. Meanwhile, applications for the State-funding program will be initiated when the program announcement is officially released. Inter-municipal Trail Committee: Town representatives on the Inter-municipal Trail Committee met on March 23, 2006 to discuss in-house work that needs to be done regarding the Gateway Trail in order to schedule the next full Committee meeting. Among the initial tasks to be completed are: follow-up with State officials to prepare the grant contract documents for the now-confirmed Federal grant ($435,000) that the Town will be receiving for the Gateway Trail, preparation of a map showing the route and issues associated with the proposed trail, an update of the agreement between the State, City and Town regarding responsibilities for design, construction and maintenance of the trail, and scheduling a meeting with representatives from Emerson regarding a right-of-way for the trail to traverse Emerson property. Cornell T-GEIS: Town staff has continued working with the Project Team to move ahead on preparation of the T-GEIS through attendance at Project Team and Resource Committee meetings. Some of the primary elements being pursued include: the screening process to finalize the intersections and corridors to include in the vehicular traffic analysis, with intersection counts to be underway during April; a follow-up survey of Cornell commuters, including all graduate students, a sample of undergraduates, and faculty and staff, to determine transportation mode preferences and needs; and organization of upcoming neighborhood and focus group meetings, including a Tuesday, April 25^^ bicyclist and pedestrian workshop (4-7 p.m.. County Library), Monday, May University Neighborhood Council workshop (4-8 p.m., location to be determined), and Wednesday, May 3*^^ Ithaca Neighborhood Council workshop (4-8 p.m.. County Library). TOWN OF ITHACA SETTLEMENT WITH TOMPKINS COUNTY 2006 TOWN AND COUNTY TAXES SUMMARY OF TAX COLLECTIONS FOR TOWN OF ITHACA - 2006 TOWN AND COUNTY TAXES TOWN OF ITHACA WARRANT TOMPKINS COUNTY WARRANT TO COLLECT TOTAL WARRANT PAID TO TOWN OF ITHACA SUPERVISOR: DATE: 1/31/2006 CHECK#727 TOTAL PAID TO TOWN OF ITHACA SUPERVISOR 1/31/06: TOTAL WARRANT BALANCE TO COLLECT: (TOMPKINS COUNTY) LESS: PUBLIC SERVICE AND SPECIAL FRANCHISES COLLECTED DIRECTLY BY BUDGET & FINANCE LESS: SECOND PAYMENTS ON INSTALLMENTS TO BE COLLECTED BY BUDGET & FINANCE SUB-TOTAL BALANCE: PAYMENTS TO COUNTY: DATE DATE DATE 2/13/2006 3/1/2006 4/10/2006 732CHECK# CHECK# CHECK# 739 734 SUB-TOTAL BALANCE: LESS UNPAID (WHITE SHEETS) TAXES FOR 2006: BALANCE AS OF JUNE 10,2006 SETTLEMENT REPORT PREPARED BY: unmaJlju DEBORAH KELLEY C/ RECEIVER OF TAXES 5,388,474.31 7,162,526.06 $ 12,551,000.37 $ 5,388,474.31 $5,388,474.31 $7,162,526.06 $(326,709.65) $(528,463.20) $6,307353.21 $5,400,000.00 $250,000.00 $302,518.67 $5,952,518.67 $(354,834.54) %- I HELEN C BEACH, HEREBY ACKNOWLEDGES RECEIPT OF $ 302,518.67 FROM THE TOWN OF ITHACA RECEIVER OF TAXES FOR SETTLEMENT IN FULL FOR THE YEAR 2006 TOWN AND COUNTY T^ WARRANT. o. LgJ.A HELEN C. BEACH, FINANCE MANAGER TOMPKINS COUNTY BUDGET & FINANCE ! \ , ^ 2006 TAX COLLECTION RECEIVER OF TAXES MONTHLY REPORT AS OF MARCH 31,2006 TOTAL NO. OF TAX BILLS ON WARRANT: 5190 TOTAL TOWN WARRANT (LEVY): $ 5,388,47431 01/31/06 FINAL PAYMENT: TOWN OF ITHACA SUPERVISOR $ 5,388,474.31 TOTAL WARRANT BALANCE DUE: S 00.00 MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR: 01/31/06 JANUARY INTEREST RECEIVER'S CHECKING ACCOUNT $ 2,057.25 02/28/06 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN APRIL) $ 1,753.84 03/31/06 MARCH PENALTIES (PAID TO SUPERVISOR IN APRIL) $ 88.01 9ie :)e :|e :ic :ic He 9ie :|c % :|c % :|c :|c 4c 9i« 4c :|c % % :|e 4c :ic 4c :|c :|c He He 3|( it ^ ^ 9k sic sic 9|e ^ 4c 9|c sic >ie alt a|e 9ie 4c 9ic 9|e ^ % 3ie 9|c 9|c :ic 4c :|e:(«:i( 4c 9|c :|( 4c TOTAL TOMPKINS COUNTY WARRANT: $7,162,526.06 02/13/06 l®'^ PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $(5,400,000.00) 03/01/06 2'"° PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ (250,000.00) ' ^ 04/10/06 3"^ PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ (302,518.67)! \ I \ FRANCHISES PAID TO TOMPKINS COUNTY $ (326,709.65) SECOND INSTALLS TO BE COLLECTED BY TOMPKINS COUNTY $ (528,463.20) UNPAID WHITE SHEETS RETURNED TO TOMPKINS COUNTY $ (354,834.54) BALANCE DUE TOMPKINS COUNTY WARRANT: $ 00.00 / 'I RECEP""^pF TAXES2006 ACCOUNT REGISTER}JTOTAL WARRANT AS OF 1/1/06DEPOSIT JOURNAL # 1DEPOSIT JOURNAL # 2DEPOSIT JOURNAL # 3REFUND BILL #3763DEPOSIT JOURNAL # 4DEPOSIT JOURNAL # 5DEPOSIT JOURNAL # 6REFUND BILL #4202PAID TOWN SUPERVISORDEPOSIT JOURNAL # 7DEPOSIT JOURNAL #8DEPOSIT JOURNAL # 9DEPOSIT JOURNAL # 10DEPOSIT JOURNAL # 11DEPOSIT JOURNAL # 12REFUND BILL #1355DEPOSIT JOURNAL # 13DEPOSIT JOURNAL # 14DEPOSIT JOURNAL # 15DEPOSIT JOURNAL #16REFUND BILL # 1339 CFCUDEPOSIT JOURNAL #17DEPOSIT JOURNAL #18DEPOSIT JOURNAL #19REFUND TOWN OF ENFIELDDEPOSIT JOURNAL # 20DEPOSIT JOURNAL # 21DEPOSIT JOURNAL # 22PAID TOWN SUPERVISORINSUFFICIENT FUNDS B # 3337BANK CHARGE NSF B # 3337DEPOSIT JOURNAL # 23DEPOSIT JOURNAL #24REDEPOSITED NSF B # 3337JANUARY TOMPKINS INTEREST$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$5,388,474.31137.434.56 Deposit over 98.54 B # 3763374,985.25161,846.19(98.54) CK#722126.791.35 Deposit over 30 cents268,920.43 Deposit over 63 cents177,706.97 Deposit over 1446.60(300.00) CK#723(1,146.60) In lieu of taxes - Emerson - dep # 6157,329.28222.926.36 Deposit 30 cts short171,088.94437,201.70 deposit over 13.82333.056.57311,187.12 Deposit over 25.23(25.23) CK#724217,313.48506,490.64 Deposit over 5 cents449,541.40 Deposit over 2520.15 -317,965.36 Deposit over 71 cents(2.520.15) CK# 725482,941.81 Deposit over 1.211,599,962.25 First American Bankcodes2,759.80 Deposit over 103.66 - due to Town of Enfield(103.66) CK #726401,468.87 Deposit over 1 cent460,895.671,472,269.54 Deposit over 2.52(5,388,474.31) EFT - 2006 Full warrant payment(2,177.45)(10.00)864,924.28 Tompkins Trust Company Bank Codes771,266.39 Deposit over 3,157.212,192.452,057.25 Interest from checking account-to be paid to supervisor in AprilCFCU bankcodePage 1 REFUND BILL #2787 $DEPOSIT JOURNAL #25 $DEPOSIT JOURNAL #26 $REMOVE FRACHISE PAYMENT $DEPOSIT JOURNAL #27 $NSF BILL #1782 $NSF BILL #1783 $NSF BANK CHARGES $DEPOSIT JOURNAL #28 $REFUND BILL #2289 $NSF BILL #2010 $NSF BANK CHARGE $REDEPOSITED NSF B # 2010 $NSF BILL #3627 $NSF BILL #4026 $NSF BANK CHARGES $DEPOSIT JOURNAL #29 $REFUND BILL #1331 $PAID TO BUD/FIN $PAID T C BUD/FIN $DEPOSIT JOURNAL #30 $REFUND BILL #2265 $REDEPOSIT NSF B # 3627 $DEPOSIT JOURNAL #31 $DEPOSIT JOURNAL #32 $DEPOSIT JOURNAL #33 $FEBRUARY INTEREST TOT $DEPOSIT JOURNAL #34 $PAID T C BUD/FIN $NSF B# 1799 $NSF BANK CHARGE B # 1799 $DEPOSIT JOURNAL #35 $REDEPOSIT NSF B # 1799 $DEPOSIT JOURNAL #36 $DEPOSIT JOURNAL #37 $DEPOSIT JOURNAL #38 $PAID TOWN SUPERVISOR $PAID TO BUD/FIN $PAID ITHACA CITY SCHOOL $REFUNDS #4056 $DEPOSIT JOURNAL #39 $(3,157.78)312,257.56326.709.65(326,709.65)63,859.44(846.73)(151.84)(20.00)89,830.32(1,491.52)(2,015.86)(10.00)2,030.86(1,827.49)(1,827.30)(20.00)23.306.87(147.74)(26,422.09)(5,400,000.00)40,407.48(24.84)1,842.4932,107.893,530.80130.670.661,753.841,951.06(250,000.00)(2,506.54)(10.00)16,540.222,521.5420,043.7615,736.5981,637.69(2,889.66)(11,364.64)(30,897.14)(684.80)152,384.89CK#728Deposit over 11.85Franchises are paid to Tompkins County Budget and Finance DeptTown does not get money - just records paymentDeposit over 1491.53CK#729Deposit over 147.75CK#730CK # 731 - First install service chargesCK # 732 - First payment of warrantDeposit over 30.26CK#733Redeposit NSF - B # 4026Redeposit NSF - B # 1782 & 1783CK#734Deposit over 1.77Deposit over 11.03Deposit over 11.26Deposit over Ellis Hollow in lieu ofCK # 735 Ellis Hollow in lieu ofCK # 736 Ellis Hollow in lieu ofCK # 737 Ellis Hollow in lieu ofCK # 738 Over payment Ellis HollowDeposit over 49 cents)33'^ ) -)RECEIVER OF TAXES COLLECTION REPORT FOR PENALTIES AND SERVICES CHARGESTO BE PAID TO THE TOWN OF ITHACA SUPERVISOR FOR THE 2006 TAX WARRANT.1 % COLLECTIONSFebruary-OS$110.38$4.05$166.11$187.38$353.85$317.90$34.81$1,293.73$19.02$86.49$2,573.722 % COLLECTIONSMarch-06152.99392.31308.34701.992,987.93361.7533.784.939.09TOTAL 1 % AND 2 % PENALTY COLLECTIONS$7,512.81TOTAL OF OTHER COLLECTIONS"$95.89JANUARY - MARCH INTEREST FROM TOMPKINS TRUST COMPANY$3,899.10TOTAL TO BE PAID TO THE TOWN SUPERVISOR$11,507.80OTHER COLLECTIONS INCLUDE SHORT/OVER PAYMENTS OF $1.00 AND $5.00 EXTRA FOR RETURN CHECK CHARGES1. Bill # 3337paid $5.00 for in sufficient funds $ 5.002. Bill # 1782 paid $5.00 for in sufficient funds3. Bill # 1783 paid $5.00 for in sufficient funds4. Bill # 2010 paid $5.00 for in sufficient funds5. Bill # 3627 paid $5.00 for in sufficient funds6. Bill # 4026 paid $5.00 for in sufficient funds5.005.005.005.005.00 7. Bill # 1799 paid $5.00 for in sufficient funds8. Void check # 724 - Biii # 1355 - never cashed9. Over/under monies5.0025.2335.66Total Extra Charges Paid to Supervisor95.89 MAR'^m TCT ij^TERESTDEF ^ jkNAL#40DEPOSit JOURNAL # 41PAID TC BUD/FINPAID TOWN SUPERVISORTOTAL IN CHECKING ACCOUNT$ 88.01 .$ 18,449.67 Deposit over' |$ 1,722.83 ^ ^$ (302,518.67) OK # 739 FINAL WARRANT PAYMENT$ (11.507.80) OK # 740 FINAL PAYMENT$ (0.00) AS OF 4/10/06)TOWN OF ITHACA WARRANTTOWN OF ITHACARECEIVER OF TAXES2006 SETTLEMENT OF MONEYJanuary 31, 2006$ 5.388.47'4i3i~ TO BE COLLECTED FOR 2006 TAX YEARPD TOWN SUPER FINAL PAYMENT $ (5.388.474.31) CHECK # 727 - FINAL PAYMENT OF TOWN WARRANT$ - TOTAL PAID TO TOWN SUPERVISOR 1/31/06PD TOMPKINS COUNTY 1ST PAYPD TOMPKINS COUNTY 2ND PAYPD TOMPKINS COUNTY 3RD PAYTOMPKINS COUNTY WARRANTTOTAL PD TOMPKINS COUNTYFRANCHISES PAID TO TC2ND INSTALLS TO BE COLLECTEDUNPAID WHITE SHEETS$ 5,400,000.00 CK # 732 1ST PAYMENT OF WARRANT$ 250,000.00 CK# 734 2ND PAYMENT OF WARRANT$ 302,518.67 CK # 739 FINAL PAYMENT OF WARRANT$ 5.952,518.67 TOTAL PAID TO TOMPKINS COUNTY AS OF4/10/06$ 7,162,526.06 TO BE COLLECTED FOR 2006 TAX YEAR$ (5,952,518.67) TOTAL PAID TO TOMPKINS COUNTY AS OF 4/10/06$ (326,709.65) NO MONEY TO US-PD TO TOMPKINS COUNTY BUD/FIN$ (528,463.20) TOMPKINS COUNTY TO COLLECT IN JUNE 2006$ (354,834.54) TOMPKINS COUNTY TO COLLECT$ - TOTAL LEFT TO PAY TOMPKINS COUNTY AS OF 4/10/06Page 3 REMITTANCE STUBS TOTALSBUNDLE #0-99$233,220.84BUNDLE #100-199$465,493.64BUNDLE #200-299$155,999.64BUNDLE #300-399$201,362.56BUNDLE #400-499$241,276.43BUNDLE #500-599$253,996.44BUNDLE #600-699$234,071.51BUNDLE #700-799$297,353.46BUNDLE # 800 - 899$334.430.32BUNDLE #900-999$187,135.42BUNDLE #1000-1099$207,446.76BUNDLE#1100-1199$242,702.82BUNDLE #1200-1299$166,928.08BUNDLE #1300-1399$294,195.79BUNDLE #1400-1499$231,904.34BUNDLE #1500-1599$309,337.08BUNDLE #1600-1699$166,754.84BUNDLE #1700-1799$196,615.80BUNDLE #1800-1899$136,155.35BUNDLE #1900-1999$122,826.92BUNDLE #2000-2099$141,231.83BUNDLE #2100-2199$128,956.33BUNDLE #2200-2299$77,362.37BUNDLE #2300-2399$111,943.21BUNDLE # 2400 - 2499$168,015.67BUNDLE #2500-2599$207,974.25BUNDLE #2600-2699$241,293.18BUNDLE #2700-2799$235,288.02BUNDLE #2800-2899$135,273.26BUNDLE #2900-2999$145,420.99BUNDLE #3000-3099$187,876.78BUNDLE #3100-3199$115,566.36BUNDLE #3200-3299$158,015.18BUNDLE #3300-3399$157,413.43BUNDLE #3400 - 3499$170,534.95BUNDLE #3500-3599$177,020.92BUNDLE #3600-3699$192,902.54BUNDLE #3700-3799$114,786.84BUNDLE #3800-3899$163,708.89D) BUNDLE #3900-3999$173,309.15BUr ^ ^-4099$522,836.91BUNulc # 'ftOO - 4199$317,833.55BUNDLE #4200-4299$226,713.21BUNDLE #4300-4399$228,269.09BUNDLE #4400-4499$212,403.62BUNDLE #4500-4599$232,921.70BUNDLE #4600-4699$226,115.62BUNDLE #4700-4799$244,384.82BUNDLE #4800-4899$333,620.06BUNDLE #4900-4999$81,665.31BUNDLE #5000-5099$260,396.25BUNDLE #5100-5146$49,778.10TOTAL OF ALL BUNDLES$10.820.040.43TOTAL OF ALL BUNDLES$10,820,040.43FRANCHISES TO COLLECTED$326,709.651ST INSTALLMENTS TO TC$528,465.36SERVICE CHARGES TO TC$26,422.09TOTAL COLLECTED TO DATE$11.701.637.53}Pages